Civil, Consumer & Recovery
Debt Recovery
Recovering money owed through notices, summary suits, tribunals and insolvency processes.
DLP's chamber: No. 548, A Block, High Court, Lucknow
What the law says
Money owed can be recovered by a demand notice followed by a civil suit, including a summary suit under Order XXXVII of the Code of Civil Procedure where the claim is based on a written contract, bill of exchange or similar instrument. Banks and financial institutions recover larger debts through the Debts Recovery Tribunals under the Recovery of Debts and Bankruptcy Act, 1993, and through enforcement of security under the SARFAESI Act, 2002. Operational and financial creditors may also initiate proceedings under the Insolvency and Bankruptcy Code, 2016 where its thresholds are met. Borrowers have remedies against wrongful action under the same laws.
Consultation
Speak to the chamber.
Leave your name, number and a line about the matter. A member of the chamber will call or message you back during working hours.
Frequently Asked Questions
What is a summary suit?
A suit under Order XXXVII CPC for claims on written contracts or negotiable instruments, in which the defendant must obtain leave to defend; without leave, the court can decree the claim.
Is there a time limit to recover a debt?
Generally three years under the Limitation Act, 1963, which can restart on a written acknowledgement of the debt or a part payment.
I am a borrower facing SARFAESI action. Can I challenge it?
Yes. A borrower can respond to the demand notice and apply to the Debts Recovery Tribunal under Section 17 against measures taken by the secured creditor.
Related Services
Cheque Bounce (Section 138, NI Act)
Demand notice, complaint and trial when a cheque given for a debt is dishonoured.
Commercial & Civil Suits
Suits over contracts, payments and business disputes in the civil and commercial courts.
Banking & Finance
Loan documentation, disputes with banks, recovery proceedings and complaints to the RBI Ombudsman.