Recovery suits constitute a fundamental aspect of civil litigation under the Civil Procedure Code, 1908, enabling creditors and claimants to recover monetary dues, property, or other valuable considerations through judicial intervention. Our firm provides comprehensive legal services for all types of recovery proceedings, ensuring efficient debt collection and asset recovery.
Money Recovery Suits (Order 37, CPC 1908)
Summary suits under Order 37 provide an expedited procedure for recovering liquidated demands based on written contracts, guarantees, or negotiable instruments:
- Liquidated Demands: Claims for specific amounts that can be precisely calculated
- Written Contracts: Recovery based on express written agreements
- Negotiable Instruments: Claims arising from dishonored cheques, promissory notes, and bills of exchange
- Guarantees: Recovery from guarantors under written guarantee agreements
- Expedited Process: Streamlined procedure with limited scope for defense unless leave is granted
Regular Recovery Suits
For complex recovery matters not covered under summary procedure, regular suits provide comprehensive adjudication:
- Unliquidated Damages: Claims requiring assessment and quantification by the court
- Breach of Contract: Recovery of damages for contractual violations
- Tort Claims: Compensation for wrongful acts causing financial loss
- Partnership Disputes: Recovery of partnership assets and accounts
- Property Recovery: Suits for possession and recovery of immovable property
Execution Proceedings (Order 21, CPC 1908)
After obtaining a decree, execution proceedings ensure actual recovery of the awarded amount:
- Attachment of Property: Seizure of movable and immovable assets
- Garnishee Proceedings: Recovery from third parties holding debtor's money
- Arrest and Detention: In cases of willful default (where permissible)
- Appointment of Receiver: For management and realization of attached property
- Sale of Property: Public auction of attached assets to satisfy the decree
Specialized Recovery Procedures
- Dishonored Cheque Cases: Under Section 138 of Negotiable Instruments Act
- SARFAESI Proceedings: Recovery by banks and financial institutions
- DRT Proceedings: Debt Recovery Tribunal matters for large debts
- Insolvency Proceedings: Recovery through NCLT under IBC 2016
- Arbitration Awards: Enforcement of arbitral awards
Strategic Considerations
- Limitation Period: Ensuring suits are filed within prescribed time limits
- Jurisdiction: Selecting appropriate court based on cause of action and defendant's residence
- Security for Costs: Managing court fee and security requirements
- Interim Relief: Seeking attachment before judgment to secure assets
- Settlement Negotiations: Exploring amicable resolution to avoid prolonged litigation
Our comprehensive approach to recovery suits combines thorough legal research, strategic case presentation, and aggressive execution proceedings to maximize recovery for our clients. We handle matters ranging from small commercial disputes to large-scale debt recovery, ensuring efficient and cost-effective resolution.
