• Summary Suit

Mr Amit awarded some contract to Mr Sada for Rs. 2000/- for carrying out some contracts. 

Mr Amit has paid Rs. 1000 to Mr Sada for carrying out some contracts as under :- 
Rs. 100 in cash No proof available 
Rs. 100 in Cheque Proof available 
Rs. 100 in cash No proof available 
Rs. 100 in Cheque Proof available 
Rs. 100 in cash No proof available 
Rs. 100 in cash No proof available 
Rs. 100 in cash No proof available 
Rs. 100 in cash No proof available 
Rs. 100 in cash No proof available 
Rs. 100 in Cheque Proof available 

At the end of the year Mr. Sada gave in writing on Stamp Paper of Rs.100 that he has received Rs.1000 from Mr. Amit for carrying out certain jobs and notarized the same 

But Mr. Sada could not even start the work so Mr Amit did not give him further payment 

After 02 years on oral instruction of Mr Sada One third person Mr. Ramesh (friend of Mr. Sada ) gave Rs.200 in Cash to Mr Amit on account of Mr. Sada 

Mr. Amit recently sent Notice to Mr Sada calling him to pay Rs.1000/- along with interest but he failed to Reply 

So Mr Amit wants to file Summary Suit against Mr Sada on basis of following :- 

(1) Mr. Amit has shown in his Income Tax Return that he paid Rs.1000 to Mr Sada 

(2) In Mr. Amit’s audited balance Sheet the above entries are visible 

(3) Mr. Amit has original Stamp paper of Rs. 100/- signed by Mr. Sada as above

(4) Mr. Amit sent Advocate’s Notice but not replied by Mr Sada 


Please advise what Mr Amit must do ?

HARIOM
Asked 6 months ago in Civil Law from Nashik, Maharashtra

Ansu karty suit before civil court for the recovery of amount since mr. S has failed to perform task the receipt of payment the stamp paper can be produced as proof of payment and Mr. Amit can recover same.

Since there is no proof of cash 200 received by amit he can claim directly the 1000.

Shubham Jhajharia
Advocate, Ahmedabad
20885 Answers
81 Consultations

5.0 on 5.0

Yes Amit can file Summary suit on the basis of duly notarized stamp paper for Rs. 1000/- . Sada has!  not replied legal notice,  it's does not make any difference for filing case.  As regards, receipt of Rs. 200 on. Account of Sada is in cash and doesn't have any importance unless  it was acknowledged by Amit.  Besides Amit can also claim interest @18% prevalent in market 

Ram Kumar
Advocate, Delhi
16 Answers
1 Consultation

Not rated

Ask Mr. Amit to file case in Civil Court under Summary suit.

Summary suit or summary procedure is given in order XXXVII of the Code of Civil Procedure, 1908. Summary procedure is a legal procedure used for enforcing a right that takes effect faster and more efficiently than ordinary methods. Its object is to summarise the procedure of suits in case the defendant is not having any defence.

Ganesh Kadam
Advocate, Pune
8251 Answers
69 Consultations

4.9 on 5.0

send a legal notice claiming an outstanding amount of Rs. 1000/- along with interest, which already sent,

now file suit for recovery  

Suneel Moudgil
Advocate, Panipat
1192 Answers
1 Consultation

4.3 on 5.0

- Mr Amit has sufficient proof/evidence for the refund of his amount from Mr.Sada.

- Hence, as per law , Mr Amit can take legal actions against Mr Sada for the recovery of his amount.

- Since, Mr Amit has already sent demand notice , but no response from Mr.Sada within stipulated period given in the notice. Then he should file a Summary suit for the recovery of his amount from Mr. Sada with the mentioned documents . 

 

Mohammed Shahzad
Advocate, Delhi
1063 Answers
19 Consultations

5.0 on 5.0

Yes Amit can proceed with filing a suit for recovery of his money on the basis of the notarised agreement between him and the person who borrowed the amount.

The legal demand notice will be an additional evidence.

 

T Kalaiselvan
Advocate, Vellore
58862 Answers
745 Consultations

5.0 on 5.0

It's a good case you have. You can contest with him and get justice

Prashant Nayak
Advocate, Mumbai
14516 Answers
24 Consultations

4.6 on 5.0

Total amount interest till the filing of suit

Prashant Nayak
Advocate, Mumbai
14516 Answers
24 Consultations

4.6 on 5.0

Suit on original amount seeking interest till date of realisation.

 

Shubham Jhajharia
Advocate, Ahmedabad
20885 Answers
81 Consultations

5.0 on 5.0

Amit should file summary suit to recover Rs 800 with interest 

 

it cannot be filed on principal amount of Rs 1000 as Rs 200 was received by A 

Ajay Sethi
Advocate, Mumbai
69020 Answers
4153 Consultations

5.0 on 5.0

Suit cannot be filed on Rs 2000 as only Rs 1000 was paid to S out of which Rs 200 has been received 

 

balance payable is Rs 800 plus interest 

Ajay Sethi
Advocate, Mumbai
69020 Answers
4153 Consultations

5.0 on 5.0

The option 3 would be the amount to be mentioned seeking decree of court. This amount may vary if you take more time till the date of filing the suit.

Devajyoti Barman
Advocate, Kolkata
18123 Answers
260 Consultations

5.0 on 5.0

1. claim amount will be the amounts so far paid to Sada with interest thereon

2. interest to be calculated from respective dates of payment till filing of suit and further interest from filing of suit till actual realisation 

3. court fees to be paid on the claim amount [principal + interest]

4. you will have to file a summary suit in the commercial division of the respective court on account of the commercial courts act

5. advisable to meet the court registry people for advise on court fees payable so that your suit does not get stuck in office objections - meet the court registrar 

Yusuf Rampurawala
Advocate, Mumbai
4663 Answers
28 Consultations

5.0 on 5.0

Suit to be filed for Original amount, Rs. 2000/- as on [deleted] plus interest thereon till realization.

 

Suneel Moudgil
Advocate, Panipat
1192 Answers
1 Consultation

4.3 on 5.0

Still you are confusing your self.   You said Rs. 1000/- was duly acknowledged on stamp paper then where the question of Rs. 2000. You are charging compondable interest which is not possible.  You can claim 18% simple interest on Rs. 1000 from date of singing till the date of filing of case with prayer for interest till its realization.  Do one thing,  provide me the date of signing of stamps paper and date of filing case,  I shall calculate exact amount.  Or you shall count number of days from date of stamps paper till date of filing and do as: 1000 * no.  of days /365 , total interest will come  

Ram Kumar
Advocate, Delhi
16 Answers
1 Consultation

Not rated

See amit can serve notice again to all three parties of 15 days and can make all 3 party in the suit, new notice can be sent there won't be any issue in same.

 

Shubham Jhajharia
Advocate, Ahmedabad
20885 Answers
81 Consultations

5.0 on 5.0

This is a perfect case of non-joinder of necessary parties.

The other two parties have joined Sada  in acknowledging the receipt of money for which this case is being filed.

Hence impleading the other two parties is essential.

T Kalaiselvan
Advocate, Vellore
58862 Answers
745 Consultations

5.0 on 5.0

It would create problems as all 3 have received Rs 1000 and not only Mr S 

 

better file ordinary civil suit against all 3 otherwise suit would be bad for non joinder  of parties 

Ajay Sethi
Advocate, Mumbai
69020 Answers
4153 Consultations

5.0 on 5.0

1. Send notice to all three let it written unserved.

2. Give atleast 15 days time.

3. Make party to all three as mentioned in the stamp paper. File summary suit after judgement of summons of judgement, court will convert into regular suit.

Shubham Jhajharia
Advocate, Ahmedabad
20885 Answers
81 Consultations

5.0 on 5.0

Send legal notice to other 2 parties also

 

2) no need to give them 15 days time 

 

3) one week should suffice 

 

4) better file ordinary civil suit against all 3 parties 

Ajay Sethi
Advocate, Mumbai
69020 Answers
4153 Consultations

5.0 on 5.0

1. Ye

2. Give a weeks time to adhere to notice. 

3. I'f you have proper documents summary suit can be filed

Prashant Nayak
Advocate, Mumbai
14516 Answers
24 Consultations

4.6 on 5.0

1. Legal notice can be sent to one person only once and not repeatedly even though he has not responded to the first notice.

Now the legal demand notice can be sent to the other two persons too, but since you have already sent  a legal notice to one party, it would be better if you send a rejoinder notice to the same party and implead the other two parties in the rejoinder notice, this will clear the ambiguities, if any.

 

2.  The time to be given for their compliance is your own discretion.

 

3. It is better you implead everyone as parties to the suit and file a money recovery suit, because sometimes due to technical issues, the summary suit may not be maintainable.

T Kalaiselvan
Advocate, Vellore
58862 Answers
745 Consultations

5.0 on 5.0

Still you are not disclosing clear picture.  Earlier you said only Sada signed, now you are saying Mr.  A and B also signed acknowledged by writing "We". So provide clear picture : if all three have acknowledged then summary suit shall be filed against them.  If other two merely witness then the may be in a position to lead evidence.  Quary 1. Answer would be when you provide clear picture - It's doesn't matter in summary even you failed to send notice.  Quary 2. There is no mandatory in Civil case to provide time of 15 days but it is general practice followed. Quary 3. Summary suit is better because it is time bound and less consuming of time as compare to regular recovery suit.                      But if you are going to file summary or regular suit of recovery for such a petty amount,  you may incurr litigation cost more than what you may recover because court expenses may high if you engage advocate. Or even you fight,  it may consume your time as well as expenses. More over you may go ahead for summary suit

Ram Kumar
Advocate, Delhi
16 Answers
1 Consultation

Not rated

Mr Amit can only file suit for recovery against Mr sada for rupees 1000 rupees provided it is not barred by limitation. Without proof, he cannot file the case for the remaining amount.

Siddharth Jain
Advocate, New Delhi
4978 Answers
55 Consultations

5.0 on 5.0

Mr Amit cannot claim Rs. 2,000 in absence of any documentary evidence to prove the same from Mr sada. The  prinicipal amount would be taken as Rs.1000 only.

Siddharth Jain
Advocate, New Delhi
4978 Answers
55 Consultations

5.0 on 5.0

Mr A and B would not be made a party in the suit under order 37 as it is a summary case for which no formal trial takes place. The cases are done summarily in such suits.

Siddharth Jain
Advocate, New Delhi
4978 Answers
55 Consultations

5.0 on 5.0

  1. Notice has to be sent to Mr sada only.
  2. 15 days
  3. No. Mr A and B cannot be made as guarantors as they were not not any execute any such documents stating that they are acting as the guarantors.

Summary suit is better.

 

 

 

Siddharth Jain
Advocate, New Delhi
4978 Answers
55 Consultations

5.0 on 5.0

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