Legal Question in Credit and Debt Law in India
civil suit of recovery
In my business by mistake at our end a payment was credited/
deposited in a person�s account who�s payable amount was lesser than what was supposed to be paid to him,basically it was a mistaken identity happened at our end. I do not any cheques received back from the person who has received excess amount,nor is he willing to give back the excess amount.The person does not own any movable nor any immovable property which by filling a civil suit of recovery in the court I could attach or get at least some money.My query is how do I recover the amount from him? In case I file civil suit of recovery in the court,Will I would be wasting money & time?Can court arrest him in case of his inability to pay back the excess amount to me? Kindly advise me Sir
3 Answers from Attorneys
Re: civil suit of recovery
If you have ample profs that you paid more and he was not entitled only then go ahead.
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Re: civil suit of recovery
Arrest and civil detention is provided in CPC for execution of a money decree if all other remedies fail recovery.
You may consider your options and decide depending upon the amount involved.
If the person does not have capactiy to repay, the litigation may be futile.
Re: civil suit of recovery
Arrest and civil detention is provided in CPC for execution of a money decree if all other remedies fail recovery.
You may consider your options and decide depending upon the amount involved.
If the person does not have capactiy to repay, the litigation may be futile.
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Civil Suit undert ord 38 & 39 of C.P.C Hello Law Gurus, Help needed to... Asked 5/29/09, 11:38 am in India Credit, Debt and Collections Law
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