Shilpa Chandrashekhar Naik
Asked January 08, 2017

Time frame and place for recovery case

  • 5 Answers
  • 45 Views

Where do I file a recovery case? And how much time it will take to finish off the case?

Answers 5

hi shilpa

filing of a casse depends upon the the location where you have given the amount to the said person. depending upon that contract the jurisdiction of the court will fall. 

if it will file as a summary suit then your matter will be finished earlier then any regular civil case.

 

for more details you can contact me

Advocate Twinkle kataria

Agree Comment 0 Agrees 13 days ago

Taking into consideration your query. 

 

A recovery case may be filed according to the liable jurisdiction . As far as the tme frame is concerned It depends on the type of case filed. But ideally a criminal case takes less time that of a civil case. 

 

Best Regards. 

Adv Harshad Rathod

Agree Comment 0 Agrees 12 days ago

is recovery out of a contract?  Give some more facts as to where the contract was executed?  If it relates to property, where the property is located?

Agree Comment 0 Agrees 12 days ago

Summary Suits are contemplated under Order XXXVII (Order 37) of Civil Procedure Code of

1908, a very powerful and expeditious remedy provided under the law for recovering money,

which is routinely trapped in commercial transactions and in contracts.

In India, according to the Civil Procedure Jurisdiction, the pecuniary or monetary jurisdiction of

the Courts depends on the state in which the cause of action arises.

The pecuniary jurisdiction of the Court depending on the valuation of the suit filed, there are

different levels of Courts with different monetary jurisdictions, and the suit will have to be

instituted in the Court which has the required jurisdiction.  For example, the pecuniary

jurisdiction of the Courts in Delhi area follows:

 Suits amounting to Rs.1 - Rs.20, 00,000/- lie before District Courts.

 Suits over and above Rs. 20,00,000/- lie before the High Court.

This limit is decided by respective High Court Rules and in many states the High Court has no

pecuniary jurisdiction. All civil suits go before the District Courts, and only appeals lie before

the High Court.

As observed by Gujrat High Court- “The sheer purpose of enacting Summary Suits is to give

impetus to commerce and industry by inspiring confidence in commercial population that their

causes in respect of money claims of liquidate amounts (ascertained amount) would be

expeditiously decided and their claims will not hang on for years blocking their money for a long

period.

Agree Comment 0 Agrees 11 days ago

Ms Naik,

your query is quite short of instructions.

Yet following will give you some general idea.

In a Court case, recovery of money claim attracts rules which are different from recovery of  property (immovable & movable).

Property - As a general rule jurisdiction lies where subject property situates. (This rule has exceptions).Time frame of disposal of case depends on the volume of facts involved. Take 5 years at minimum if contested and no limit at upper side (unless settled out of Court).

Money- Where money is payable or if  there is written agreement of claim jurisdiction then within that jurisdiction.

There are different types of money claims. e.g. price consideration of sale agreement, hire-purchse, insurance claim, refund of price of damaged goods etc.

In general money claims are disposed off in lesser time than the time taken by recovery of property.

Hope this will help you to find proper solution.

Regards,

Ravikant Thumbre,

Advocate.

 

Agree Comment 0 Agrees 10 days ago

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