Recovery routes
- Legal notice demanding payment
- Summary suit under Order XXXVII CPC for claims based on written contracts, invoices, bills of exchange and similar documents
- Regular civil suit for recovery with interest
- Commercial suits under the Commercial Courts Act, 2015, after pre-institution mediation where applicable
- Cheque bounce complaint under Section 138 NI Act where a cheque has been dishonoured
- Execution of decrees and awards under Order XXI CPC
Why a summary suit can be faster
In a summary suit the defendant must obtain the court's leave to defend. If leave is refused, or no substantial defence is shown, the court can pass a decree without a full trial.
Keep your paperwork
Invoices, purchase orders, emails, ledger statements, acknowledgements of debt and cheques are what win recovery cases. An acknowledgement of debt in writing can also extend the limitation period.
Frequently asked questions
How long do I have to file a recovery suit?
For most money claims the limitation period is three years, usually from when payment fell due or from the last written acknowledgement.
Can interest be claimed?
Yes. Interest can be claimed as agreed in the contract or as allowed by the court.
What if the debtor still does not pay after a decree?
The decree can be executed through attachment and sale of property, attachment of bank accounts and other modes under the CPC.
Related practice areas
This page gives general information about Indian law and is not legal advice. Laws and procedures change; please consult an advocate about your specific facts.