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Recovery Suits

Recovery Suits

Recovery Suit lawyers

Raizada Law Associates expertise in recovery suits encompasses a wide range of cases, ensuring they can cater to different client’s needs in the sphere of debt recovery. This includes but is not limited to, suits related to contractual breaches, unpaid invoices, loan defaults and financial disputes.

We handle recovery actions under the general civil law framework, utilizing the provisions of the Code of Civil Procedure, particularly under Order IV for the institution of suits and Order 37 for summary procedures, which are designed for the faster resolution of disputes involving liquidated sums.

We also deal with recovery suits under specific legislations such as the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 for secured loans and the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, particularly pertinent to banking and financial institutions. We are also equipped to handle cases under the Insolvency and Bankruptcy Code, 2016, providing a comprehensive approach to debt recovery, especially in corporate scenarios.

Drafting and Filing of Recovery Suits

The Recovery Suit is primarily filed under Order IV of the Code of Civil Procedure, 1908 (CPC), specifically as a summary suit under Order 37, which aims for the speedy disposal of cases.

The firm prepares and files the complaint, which is the formal legal document stating the facts and claims, along with relevant documents such as written contracts, bank transactions, promissory notes or any correspondence that may substantiate the claim.

Process of Drafting a Recovery Suit

The process of drafting a Recovery Suit will begin with the precise identification of all parties involved, detailing their names, addresses and other crucial information. Then a jurisdiction will be established based on where the defendant resides, operates business or where the transaction leading to the dispute occurred. The complaint's core will include the "Facts of the Case" section, providing a detailed narrative of the events, the relationships between parties, the agreements made and their subsequent breaches. The "Cause of Action" follows, legally connecting the factual narrative to the alleged legal violations. Supporting these claims we’ll attach "Documents and Evidence" such as contracts and correspondence. The "Relief Sought" section will outline the plaintiff's expectations from the court, followed by a "Verification" where the plaintiff affirms the truthfulness of the information and signature.

Process of Filing a Recovery Suit

The Filing of the Suit involves the submission of the completed complaint alongside the required Court Fees to the designated court. The fee amount, dictated by the claim's value, must accompany the filing; failure to meet this financial obligation results in the non-acceptance of the suit by the court. Upon successful filing, the court examines the complaint and, finding it suitable, issues a Summons to the defendant.
This legal document compels the defendant to attend court and address the lawsuit. Following the service, the plaintiff should ready themselves for forthcoming legal stages, potentially encompassing negotiations, a trial or a summary judgment, contingent on how the defendant responds to the summons.

Additional Services

Jurisdiction and Court Procedures

The suit can be filed where the defendant resides, conducts business, or where the transaction took place. After filing, the court issues a summons to the defendant. If the defendant fails to respond or appear, the court may pass judgment in favour of the plaintiff.

Execution of Decree

Post-judgment, if the decree is in the client's favour, Raizada Law Associates will assist in the execution of the decree to ensure recovery of the amount by initiating execution proceedings. This might involve attachment and sale of the defendant’s property, or in certain cases, initiation of insolvency proceedings against the defendant​​​​.

Appeal and Review

If the case is not decided in the client’s favour, the firm can help in filing an appeal or review petition based on the merits of the case and legal provisions under the Indian legal system​​.

Special Legislation

Post-judgment, if the decree is in the client's favour, Raizada Law Associates will assist in the execution of the decree to ensure recovery of the amount by initiating execution proceedings. This might involve attachment and sale of the defendant’s property, or in certain cases, initiation of insolvency proceedings against the defendant​​​​.

MSME Recovery

For recovery suits involving Micro, Small and Medium Enterprises (MSMEs), the firm can assist under the MSMED Act, 2006 which provides for a more expedited process and enables the recovery of dues with interest for delays in payments beyond agreed terms​​.

Negotiable Instruments

For recovery of amounts due under negotiable instruments like cheques, the firm can handle cases under the Negotiable Instruments Act, 1881, especially in instances of cheque bounce​​.

Online Dispute Resolution and Tracking

For recovery suits involving Micro, Small and Medium Enterprises (MSMEs), the firm can assist under the MSMED Act, 2006 which provides for a more expedited process and enables the recovery of dues with interest for delays in payments beyond agreed terms​​.

Why Trust Raizada Law Associates?

Our precision and comprehensive approach in navigating the complexities of tax legislation and practice is your strategic advantage in a dynamic legal environment.

why choose us

Legal Expertise

Our debt recovery lawyers possess deep knowledge and experience in handling recovery cases, allowing us to navigate the intricacies of the legal process with confidence.

Committed Success

With a track record of winning cases, we're dedicated to utilizing our legal skills and resources to get the best possible results for every client we represent.

Legal Guidance

We provide legal guidance to clients involved in recovery suits, offering clarity, insight and strategic direction at every stage of the process.

Risk Management

Our firm conducts thorough risk assessments, identifying and addressing potential legal challenges, pitfalls and uncertainties that may arise throughout the recovery process.

Meet Our Team

We bring a wealth of knowledge and a passionate commitment to every case. We’re not just attorneys; we’re advocates who believe in making a difference in our clients’ lives.

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Frequently Asked Questions (FAQs)

  • Case Evaluation: Assess the circumstances leading to the loss or damages and determine the viability of legal action based on applicable laws and precedents.
  • Investigation: Gather relevant evidence to support the claim.
  • Negotiation: Initiate discussions with the opposing party or their representatives and also present evidence and arguments to support the claim for recovery.
  • Litigation (if necessary): File a lawsuit in the appropriate court if the negotiation fails to yield a satisfactory resolution.
  • Enforcement of Judgments: Ensure compliance with court orders or arbitration decisions.

The duration of a recovery suit can vary depending on factors such as the complexity of the case, the cooperation of involved parties and court scheduling. While some cases may be resolved through negotiation relatively quickly, others may require more time if litigation becomes necessary.

To assess your case accurately during the initial consultation, we will need relevant documentation such as contracts, correspondence and evidence of damages. Be prepared to discuss the details of your situation, including any relevant facts, timelines and individuals involved. The more information you can provide, the better equipped we will be to evaluate your case and provide tailored legal advice.

Settling a recovery suit out of court can offer several advantages, including saving time and money associated with litigation, avoiding the uncertainty and risks of trial and maintaining confidentiality of the resolution. Additionally, settlements reached through negotiation often allow for more flexible terms and can preserve relationships between parties, making them a preferred option in many cases.

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