Expert Legal Services for Recovery Suits
Pragmatic The Corporate Litigation Firm, where we offer expert legal services for a wide range of recovery suits, including civil suits, commercial disputes, and Section 138 cases. Our experienced attorneys are dedicated to providing you with the highest quality legal support to achieve favourable outcomes in your legal matters.
That the recovery suit has a wide range. That for the recovery of money include various suits:
- Civil Recovery Suit
- Commercial Suit
Civil Recovery Suit
Limitation Period
Key Points:
- Jurisdiction: The court must have “jurisdiction over your person” and “jurisdiction over the subject matter of the suit” in order to accept and for a valid judgment. If you are to file a money suit, there is a jurisdictional requirement that must be observed. The law requires the defendant to be sued in the place where the cause of action arouse or defendant resides.
- Purpose: To claim damages or seek remedies for a civil wrong. Common types of civil suits include property disputes, breach of contract, and family disputes.
- Process: Includes filing a plaint, receiving a summons, exchange of pleadings, discovery of documents, trial, and judgment. Appeals can be made if the party is dissatisfied with the decision.
Commercial Suit
That under The Commercial Courts Act, 2015, the government of state constitute Commercial court at district level. That the commercial dispute includes various types of the disputes arising out of:
- ordinary transactions of merchants, bankers, financiers and traders
- export or import of merchandise or services
- issues relating to admiralty and maritime law
- agreements relating to immovable property used exclusively in trade or commerce
- distribution and licensing agreements
- management and consultancy agreements
- joint venture agreements
- shareholders agreements
- agreements for sale of goods or provision of services
It involves matters related to business operations and contracts.
Limitation Period
Pre-Institution Mediation
Mandatory mediation before filing certain commercial suits.
Key Points:
- Jurisdiction: The court must have “jurisdiction over your person” and “jurisdiction over the subject matter of the suit” in order to accept and for a valid judgment. If you are to file a money suit, there is a jurisdictional requirement that must be observed. The law requires the defendant to be sued in the place where the cause of action arouse or defendant resides.
- Process: Includes filing a plaint, receiving a summons, exchange of pleadings, discovery of documents, trial, and judgment. Appeals can be made if the party is dissatisfied with the decision.
- Purpose: To resolve disputes arising from commercial agreements, including contracts for sale, partnership disputes, and other business-related issues.
This is the faster way to recover the money. The plaintiff can recover the money through arbitration or conciliation or Lok Adalat. Here, both the parties should have their consent and appear for the hearing before the mediator. Mediator hear both the parties and then reward judgement to the parties and no parties can appeal to the higher courts until the reward is invalid or the party cannot repay the money within a specified time.
Filing a Recovery Suit
A civil suit commences when a legal person files a “plaint” or complaint with the court, alleging harm or injury caused by another person or entity’s actions. The party filing the plaint is known as the Plaintiff, while the party against whom it is filed is the Defendant.
The plaint must be filed within the time frame established by the Limitation Act. It should include:
- Names and descriptions of the Plaintiff and Defendant
- Facts describing the cause of action and when it arose
- Provisions or orders invoking the court’s jurisdiction
- The Plaintiff’s arguments
- The relief claimed by the Plaintiff
- Confirmation that the information is accurate and true
After drafting the plaint, the Plaintiff must authorize an advocate to represent them through a written document called the Vakalatnama. The plaint is then filed with the court, along with the necessary court fees and processing fees.
Reach out to us
Skilled Advice: Our firm of seasoned attorneys is dedicated to recovery suits and will assist you through each phase of the legal journey.
Customized Solution: We customize our offerings to fit your unique requirements, guaranteeing that your case is managed with the highest level of attention and thoroughness.
Quick and Effective Outcomes: Our priority is to secure prompt and successful outcomes to reclaim your payments and safeguard your rights.
PRAGMATIC
established in 2011, ‘PRAGMATIC THE CORPORATE LITIGATION FIRM’ strives to get justice for their clients. we believe in a good and honest fight, and we will not stop at anything.
Head Office
- Office No. 110, 1st floor, Rishal Complex, Shiva Market, Pitampura, New Delhi - 110034
- +91 9990026028
- 011-6134-8967
- assistance.pragmaticlitfirm@gmail.com