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Practice area

Recovery & Debt-Related Matters

ManAt Legal acts for creditors and debtors in recovery matters. That includes legal notices, money recovery suits before the civil court, proceedings before the Debt Recovery Tribunal, and execution once a decree or order has been obtained.

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Overview

Where the firm is instructed

Recovery is a question of route as much as merit. The same debt may be pursued through a recovery suit, a tribunal or an insolvency application, and the choice affects both speed and outcome.

Legal notices

Demand notices and notices preceding proceedings.

Money recovery suits

Suits before the civil court for recovery of a debt or a sum due under a contract.

Debt Recovery Tribunal

Applications and defences before the DRT.

Cheque dishonour

Proceedings arising from a dishonoured instrument.

Execution

Enforcement of a decree or order once obtained.

An advocate at ManAt Legal reviewing a statement of account in a recovery matter

Choosing the route

The same claim can often be pursued in more than one way. A money recovery suit before the civil court, proceedings before the Debt Recovery Tribunal where available, an insolvency application, or proceedings arising from a dishonoured cheque each have different requirements, thresholds and consequences. The route is chosen at the outset, on the documents.

Building the claim

Recovery claims are decided on the record: the contract or acknowledgement creating the debt, the statement of account, the correspondence, and any part-payment. Limitation is a live issue in most recovery matters and is checked before proceedings are advised.

Execution and enforcement

Obtaining a decree is not the same as being paid. Execution proceedings identify what assets are available and how the decree is to be enforced, and are frequently where a recovery matter is actually resolved.

Courts and forums

City Civil Court, Bengaluru
Commercial Courts, Bengaluru
Debt Recovery Tribunal
High Court of Karnataka

Related practice areas

Offices

Speak to an advocate

Consultations are by prior appointment at either office.

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Advocates

Who handles these matters

Manu Shankar

Commercial disputes, arbitration and insolvency litigation before the High Court of Karnataka, the NCLT and the Debt Recovery Tribunal.

Ann Finiya Pereira

Dispute resolution across commercial, contractual, insolvency, property and shareholder matters, spanning litigation and pre-litigation strategy.

Aiyappa B.T.

Civil and criminal disputes, real-estate matters and industrial disputes, with experience in Karnataka and Andhra Pradesh.

Legal Insights on this subject

How to File a Money Recovery Suit in India

Jurisdiction, limitation and the documents required to bring a recovery claim.

Published guide

What a Legal Notice Is and When to Send One

The purpose of a legal notice, what it should contain, and what follows if it is ignored.

Published guide

Common questions

Frequently asked questions

A notice is not always mandatory, but it is often useful. It records the demand, fixes the position and sometimes produces payment without proceedings. In some processes, such as an operational debt insolvency application, a notice is a statutory requirement.

Limitation depends on the nature of the claim and on when the cause of action arose, and may be affected by acknowledgement or part-payment. It should be checked before proceedings are commenced.

Proceedings before the DRT are available to defined categories of creditor in defined circumstances. Other claims proceed as money recovery suits before the civil court.

The decree is enforced through execution proceedings, which identify the assets available and the mode of enforcement. Execution is a separate process from the suit itself.

This page is published for general information and is not legal advice. Reading it or submitting an enquiry does not create an advocate-client relationship. Outcomes and timelines depend on the facts of each matter, and past experience does not guarantee a similar result. Please obtain advice on your own circumstances before acting.