• Took money

Hii 

I took money from one of mine friend in my bank and we started a business she gave me.partial payment and last date of transaction was 11 feb 2014. 
After few try our buisness not runned so we close it down but one thing here to mention we did not signed any kind of documents for which purpose i took money tgat is what all my fault. I asked her but she denies by saying that she is working with MNC so cant do dual employment.
But when our business office closed she gave up and left me in my own condition than again tried to run buisness fortunately it runs.

Now after almost 3 years she filed a case to recover her money what should i do pleasevtell.

I read some where that there is time period where she can ask for money in stipulated time.

Thanks
Asked 8 years ago in Civil Law

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8 Answers

claim of your friend is barred by limitation

2) last transaction was done in February 2014 . suit should have been filed within period of 3 years of payment due and payable by you

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

There is a 3 year limitation period to file a civil recovery suit, you can contest the same on this ground alone.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

There's a limitation of 3 years in matters pertaining to claiming of dues. So, if she's making this demand after a lapse of 3 years from the date when this money was lent, this case is not maintainable.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

There is a limitation Period of 3 years but it subjects to cause of action..all the details are matter of trial and can be produced before court in defence by you.. What is the amount ? Kindly contact to proceed further.. Adv Hemant Chaudhary

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1)file complaint of criminal defamation against the lady for maligning your reputation

2) you can also file civil suit for damages for maligning your reputation

3) claim of lady is barred by limitation as she did not file suit to recover the money nor have given any acknowledgment in writing

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

She can file a suit and the court may ask you to come, but you can appear before the court and say that the suit is highly delayed and therefore should be quashed. if the delay is not condoned then there is no accountability. this is true that court hardly condones delay in civil suits.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Now after almost 3 years she filed a case to recover her money what should i do pleasevtell.

I read some where that there is time period where she can ask for money in stipulated time.

You have mentioned that you do not have any documents to prove this business, then hat is the basis for her case agaisnt you.

The claim will be barred b limitation if it is claimed more than 3 years.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Now i just want to know what can i do now and really now i dont want to give any thing to her she defamed me and also my works suffer due to her such behave.

All money she gave me in 2013 and 2014 last transaction done by her is in 11 feb 2014.

She cannot file a money recovery case now at this stage even if she is having an evidence as the same is barred by limitation.

You can remain silent about it without entertaining any claim made through legal demand notice.

Is i have to return.her money or not i also read in your comments that after 3 years there is no accountability remains.

You remain silent for her claims and demands.

She cannot enforce her claim through law since it is barred by limitation

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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