Suit - Money Recovery

Why Us

An Expert team of Lawyers with experience of different cases 

Our lawyers are prevalent in a range of courts :

 

  • Mumbai High Court
  • Sessions Court
  • District Court
  • Tribunals
  • Supreme Court 

Along with creating a tailored strategy that safeguards your interests

Criminal Aspect

  • Criminal complaint Under section 498A of Indian Penal Code, 1860 and its proceeding before CAW cell

Civil Aspect

  • Petition for Divorce under various grounds as per Hindu marriage Act viz.
  • Petition on the ground of mutual consent
  • Petition on the ground of Contested Divorce
  • Petition on the ground of cruelty
  • Petition on the ground of Desertion
  • Petition on the ground of impotency
  • Petition on the ground of adultery
  • Petition for Custody of children under provisions of HMA, 1955
  • Application for seeking Interim maintenance and expenses by wife
  • Application for restitution of conjugal rights
  • Suit for partition of the joint property owned jointly by husband and wife

Documents

  • Orignal involca/ Udi tor sale du pro lacu series
  • All communications in forms of letters or emails sent to die other parry for repayment of money
  • Any other document, related to product / service

Frequently Asked Questions

Any performance of an art form is protected against any kind of reproduction and is in the exclusive ownership of the performer only. This protection is given for 50 (fifty) years from the day of performance. For Example, if a person is reciting a poem, no one can reproduce the same in a newspaper or anywhere else without the explicit permission of the performer.

Yes, copyright application can be objected at two stages:

After the application for registration of copyright is filed, the work is published in copyright journal and 30 days are given for filing objections. Anyone who thinks that the work that is sought to be copyrighted is infringing upon their copyright or is similar to their work can file an objection. Once the above objections are cleared or if the application does not receive any objections, the application is forwarded to Deputy Registrar for scrutiny of application. Here, the registrar can raise objections regarding technical deficiency in the application. It is advisable that you seek the assistance of an expert lawyer to get the objections removed. The lawyer will help you draft an adequate reply to the objection and if need be, personally appear and argue the matter before copyright authorities. SukarshandAssociates can help you in representing your case in the event of an objection being raised.

Expression of an idea in the following forms can be protected by getting it copyrighted:

Literary works: Scripts, books, computer programmers, website

Dramatic work: Drama, films, telefilms,

Musical work: Recorded sounds, music recordings

Artistic Work: Paintings, photographs, designs, Broadcasts on TV and radio, Cinematographic films

A summary suit is a legal procedure for faster and efficient remedy. In case of admitted liability by the debtor or financial liability arising out of a written contract, a summary suit can be filed in a Civil Court for speedier recovery of money. Unlike normal cases, summary cases are disposed off quickly. The summary suit is based only on written statements from both parties without any unnecessary trial hearing. At the time of filing of the summary case, necessary documents such as bills, invoices, contracts, delivery receipts etc. are required to be attached with the petition.

In a summary suit, the debtor cannot defend his case as a matter of right. In the event of Debtor wanting to contest the case, he\/ she has to convince the Court to allow him\/ her to defend the case. The Debtor will have to show facts and circumstances which would require detailed trial. If the Court does not grant such leave, the Court shall pass the judgment. However, if the Court is convinced that there are issues on which trial is required, only then the Court will grant the debtor to defend the case.

The summary suit must be filed within a period of 3 years from the date of cause of action i.e. 3 years from the date the money became due and payable.

The procedure in a summary suit ensures that there are no unjustified delays in delivering justice. It is a speedier and efficient recourse to recover your money when compared to ordinary civil suits. The debtor in a summary suit does not have a right to defend her\/ his case if the liability is arising out of a written contract, guarantee or enactment. After filing of the suit, the debtor\/ defendant is required to mark an appearance in Court within 10 days and has to apply for leave to defend the suit. In his application, she\/ he has to convince the court of circumstances warranting a detailed trial. However, in most cases, it has been seen that the Court does not grant such leave to the defendant and hence a judgment is delivered by the Court straightaway without having detailed hearings or detailed examination of evidences.

You can ask for the following three reliefs in your petition for recovery of money: Payment of outstanding amount Interest on the outstanding amount from the due date till the date of payment Costs incurred towards litigation.

In the case of original literary, dramatic, musical and artistic works, copyright is valid for 60 (sixty) years from the year following the death of the author. In case of cinematograph films, sound recordings, photographs, works of government and works of international organizations, the copyright is valid for 60 (sixty) years from the date of publication.

No, a copyright granted in India is valid only in India. But, the certificate of registration can be used in foreign jurisdictions as proof of ownership over the copyrighted material.

Yes, 3-D structures like sculptures and moldings can be copyrighted. While making the application, their pictures are required to be submitted as original work. It is mentioned in the application that the protection is sought for the structure and not for the photographs.

Yes, an application for copyright can be made by a person, other than the creator. The author\/creator will have to sign a No Objection Certificate (NOC), allowing the applicant to file an application before authorities.

Yes, published work can also be copyrighted. While making the application for copyright, the applicant has to submit 2 (two) copies of the published work along with the application.

Yes, copyright registration protects translation and adaptation of original work. For example, if you hold copyright over a script, no one can translate it to any other language or adapt it in any other form without your permission.

You can send a legal notice to the infringing party to stop such activity. If the other party continues to do such acts after sending legal notice, you can file a criminal as well as a civil case against the person in case of unauthorized use. Through a civil case, You can claim compensation and damages (such as loss of reputation, loss of goodwill, loss of business opportunity etc.). In the criminal case, you can seek for punishment to the person committing the infringement. You can also make an application to Registrar of copyrights to ban the import of infringing copies into India when the infringement is by way of such importation and the delivery of the confiscated infringing copies to the owner of the copyright.

Steps to Follow

STEP 1: DOCUMENT VERIFICATION
You will be required to send scanned copies of documents pertaining to the financial transaction for verification to our lawyer
STEP 2: PETITION DRAFTING
The petition will be drafted and shared with you for review and approval within 4 working days of receiving the documents
STEP 3: SENDING PETITION COPY
Once you approve the draft, our lawyer will print the complaint on legal size paper and send it to you for your signatures. You will have to send signed copy of the complaint to the lawyer along with the required documents
STEP 4; PETITION FILING
Our lawyer will file the petition in court within 3 working days of approval of the draft
STEP 5: REPLY
The debtor will file a reply to your petition
STEP 6: HEARING STEPS DEFENSE OPPORTUNITY & DECISION
Defense Opportunity Allowed – 
1) Arguments and examination of evidence.
2) In special circumstances the in the evidence presented before the state