• Suit for recovery of money given as advance

I have a trading firm registered based out of Ernakulam (Kerala). I was dealing with a supplier based out of Kolkata and have given advance amount of 6 lacs (Bank RTGS ) for supply of goods on Feb2014 for which i haven't recieved the material nor the supplier has refunded the advance amount 6lacs till date.

I have following queries 
1)What basis Territorial Jurisdiction will be determined. Whether i have to file the case in Ernakulam or Kolkata courts for money recovery.

2) Which level of court will this suit be filed in District court or High Court.

3) Will this suit come under civil or criminal or both.

4) Do i have to pay court fees if yes amount to be paid.

5) Does the case falls within 3 years time period for filing the recovery suit.
Asked 7 years ago in Business Law

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14 Answers

1) part of cause of action has arisen in ernakulam

2) you can file summary suit either in Ernakulam or in Kolkata

3) it is civil suit

4) it has to be filed in district court

5) you have to pay court fees

6) court fees is state subject and varies from state to state

7) suit has to be filed within period of 3 years otherwise would be barred by limitation

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

According to section 20 of the code of civil procedure to have to file suit where the defendant resides. In your case defendant resides in Kolkata therefore you have to file suit at Kolkata.If you have received any letter of intent or MOU from the defendant at the place of your residence then you can file suit in Ernakulam.

You have to file civil suit before the civil judge Senior division. Senior division has jurisdiction true hear and decide this case. If the defendant had intention to not fulfill his promise right from the beginning then this act constitutes an offence punishable under section 420 of the IPC. In this condition you can initiate civil as well as criminal proceeding against the defendant.

It would be better for you to first initiate criminal proceeding against him because if you initiate criminal proceeding then you can file FIR at Ernakulam. The Ernakulam Court has jurisdiction to entertain FIR for the offence of cheating because money was delivered from Ernakulam. After filing of FIR and initiation of criminal proceeding against him you can prefer a civil suit for compensation of that amount in Ernakulam court because once criminal proceeding initiated against the accused then every other proceeding will be initiated at the same place.

You have to pay Court fee in civil suit but no Court fee will be applicable in criminal case. The limitation period of 3 years is only for the filing of civil suit. There is no limitation for initiation of criminal preceding.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1.The suit is filed on the basis of the cause of action as well what the law (CPC) provides.

2. The type of your suit which is money suit is determined to be filed at the place where defendant stays or carries on business as per section 20 of CPC which is Kolkata.

3. It is to be filed in the civil judge (Sr Div) court.

4.Yes,court fees would below Rs.50,000/- If filed in Kolkata.

5.yes.it is within limitation .

6.Criminal case of cheating can also be filed to put more pressure upon him.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
511 Consultations

1.Recovery of money, you have to file a civil suit before the Court of jurisdiction where the respondent is normally residing or doing business. 2. Limitation would operate from the date of refusal of sending the materials. You would have lodge a criminal complaint but you failed to do so. Try to lodge a Criminal Complaint for cheating and threat to life(if he threaten you while asking refund of the money) before at Ernakulam or at where he is residing.

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

1. File police complaint against the supplier for cheating and breach of trust with kolkata police for immediate solution ( Hire a lawyer ) . If this does not work then consider filing recovery suit.

2. You can initiate recovery case either in your place or in kolkata.

3. The suit have to be filed in district court ( considering the claim ) .

4. The court fee depends upon the jurisdiction. Talk to the laywer.

5. Consider filing summary suit, You can expect the decree in 6 month time.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

Dear Querist

First of all you have to issue a legal notice and demand your money back or supply of goods as promised between you and him/her, if the opposite party is not ready to settled the matter with you and not made any payment then you may file the civil suit for recovery against him/her before the Civil court.this is purely civil case filed in district Court.

the time period for filing the case for recovery of money is three years from the cause of action.

the court fee will have to pay by you for your recovery suit as per the State Law. as per Kerala Approximately an amount of RS. 56000/- and in Kolkata Rs. 20980/-

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

Hi

Going by the contents of your post. It is Time Barred.

The provisions of Limitation Act apply to your case on hand.

Legally it is not possible to initiate proceedings. (based on limited details shared by you).

Suggestion:

- Share the actions / activities done by you after you transferred money.

- Any correspondence is made by you ?

- If yes, what is it ?

Based on above information / details, we may be in a position to guide you further.

Good Luck.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

suit can be filed where defendant resides or cause of action arise. in your case suit can be filed in ernakulam, or kolkata.

case will be filed in district court

it can come under both civil and criminal, for civil suit you will got to district court and file for recovery of money , for criminal you have to fie a fir

Yes court fees need to be paid but it wont be much

yes case falls under 3 years limitation period.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

You can file a summary suit either in ernakullam or at Kolkatta since the cause of action partly arose at Ernakulam also.

Please note that the limitation for filing the suit is 3 years and after which the same will have to be filed with an application for condonation of delay. Th suit will be filed in the Civil Court.

Contact a local lawyer to file the case and check the court fees which will have to be filed by you.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Territorial jurisdiction in this case will be governed in accordance with the principle 'debtor must seeks the creditor'.

Thus, you can file this recovery suit at Ernakulam. It is advisable that you send a legal notice from Ernakulam prior to filing this case.

Only a civil case can be filed in the present cause of action.

4 & 5: yes

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

You need to file the suit at Kolkata

District court

Civil suit

Yes you need to pay the court fees around Rs. 21000/-

Yes limitation period is 3 years.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

Where the cause of action arise ernakulam

2.district court

3.civil

4.court fee to be paid

5.3years is limitation

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

1. As you have placed the orders and sent the money from Ernakulam you can initiate recovery action at Ernakulam itself however it is advisable that you file a suit in Kolkata for effective action and fruitful result.

2. It may be filed in the Sub-court also.

3. It will come under civil law.

4. You have to pay the court fee, the court fee will differ from one state to another, you decide the state and then enquire about court fee

5. Yes, the limitation is three years.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

1)What basis Territorial Jurisdiction will be determined. Whether i have to file the case in Ernakulam or Kolkata courts for money recovery. - What is the mode of payment, where is it received, any agreement ? otherwise in KOlkatta. Place of defaulter/defendant.

2) Which level of court will this suit be filed in District court or High Court. - District Court

3) Will this suit come under civil or criminal or both. - CIVIL

4) Do i have to pay court fees if yes amount to be paid. - Yes around 40,000 plus court fees.

5) Does the case falls within 3 years time period for filing the recovery suit.

Yogendra Singh Rajawat
Advocate, Jaipur
22989 Answers
31 Consultations

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