Legal Question in Civil Rights Law in India

138 of N I Act and Pronote case.RR

To recover loan based on Pronote.What is the process and how long it will take

1.salary attachement

2.property attachememt

3.to declare insolvent


Asked on 9/22/08, 8:16 am

4 Answers from Attorneys

Sanjay Shah Shah & Shah

Re: 138 of N I Act and Pronote case.RR

its a civil case and you have to file a case under order 37 of cpc on the basis of pronote.

salary and property attachment can be done on preliminary stage.

and what do you mean by declare insolvent.

any other query call at 9891111475

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Answered on 9/22/08, 12:40 pm
Sanjay Shah Shah & Shah

Re: 138 of N I Act and Pronote case.RR

its a civil case and you have to file a case under order 37 of cpc on the basis of pronote.

salary and property attachment can be done on preliminary stage.

and what do you mean by declare insolvent.

any other query call at 9891111475

Read more
Answered on 9/22/08, 12:44 pm
Urvi Rathod UR Legal (International Law firm) Advocates & Legal Consultants

Re: 138 of N I Act and Pronote case.RR

If it is a demand pro note then you have to file the summary suit in the three years from the date on the pro- note and in other type of pro notes from the date of due dishonoured or the due date whichever is earlier. In this case sec.138 of N.I.Act is not applicable.

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Answered on 9/23/08, 1:56 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: 138 of N I Act and Pronote case.RR

You should file a suit invoking "summary" procedure of CPC. It should take about one year, depending upon the over all case burden with the court.

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Answered on 9/25/08, 11:27 am


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