• Recovery of money paid through bank to a company

I have paid money to a company in Bangalore as investment for a business 
I only have copy of the agreement and copy of the cheque 
Can I file a case
Asked 1 year ago in Criminal Law
Religion: Hindu

2 answers received in 30 minutes.

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11 Answers

If they are not paying you can fole civil suit 

Prashant Nayak
Advocate, Mumbai
32479 Answers
200 Consultations

These cases are very common in various Courts of India and Supreme Court of India. Legal Notice through Advocate can be sent to the Company in Bangalore, Karnataka on your behalf. Copy is agreement and cheque is sufficient. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention before the legal proceedings and thus, makes the party aware of your grievance. Many times, a legal notice served will bring the other party to heel, and the problem is often resolved out of court, well before it goes to trial, with fruitful discussions on both sides.

However, if the other party is still unheeding the grievance, one can always start the court proceedings after the prescribed interval as stated by law. The bottom line is that legal notice can serve as a point of reference to embark upon negotiations between two parties and save both the time, effort, and money that is usually spent in court cases.

Also, note that for the Legal Notice for Money Recovery matters, you have to understand there is a timeline. As per the provision of the Limitation Act, the limitation term for the recovery of money is 3 years. 

Detailed discussion is required in such cases with complete documents. 

 

You may contact my secretary to connect with me for clarification. 

 

Mr. Gopal Verma

Advocate on Record & Amicus Curiae 

Supreme Court of India

Shri Gopal Verma
Advocate, Delhi
393 Answers
12 Consultations

What are terms and conditions of agreement 

 

kindly clarify 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

Yes, both documents and bank transaction are vital and on the basis of stated documents you can file recovery etc case. 

Siddharth Srivastava
Advocate, Delhi
1346 Answers

What happened to the original agreement.

You can file a suit for recovery on the basis of cheque payment provided your claim is within three years from the date of advance of the amount 

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

Yes, as a investor you can file the case if the amount is not refunded to you. Before that kindly check the agreement details which you have signed it.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

Hope the agreement is still in force. Have you made a demand for refund of the money? If not please issue a demand notice to the company first asking for immediate refund. Upon expiry of the deadline, you may file a suit at the proper court in consultation with a competent lawyer. 

Swaminathan Neelakantan
Advocate, Coimbatore
2910 Answers
20 Consultations

Yes. 

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

- Since, you having an agreement and the copy of cheque as proof of payment , then you can recover the amount from the said company after filing a recovery suit before the court 

- However , send a legal notice before filing the recovery suit. 

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

Dear Client,

As an investor, you have the option to initiate a legal case if the owed amount is not refunded to you in accordance with the agreed terms. Prior to taking any legal action, it is imperative to thoroughly examine the specifics of the agreement that you had previously signed.

 

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

Hello!

You can file a case only if there is any violation or breach of contract/ agreement under Indian Penal Law and Negotiable Instrument Act.

 

Regards,

Advocate. N. Sharma

Neema Sharma
Advocate, Kolkata
6 Answers

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