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Delhi · Unpaid dues · Summary suits, commercial courts, MSME

Money Recovery in Delhi: Legal Notice, Summary Suit, Commercial Court and MSME Council

A buyer in Gandhi Nagar takes delivery of goods worth Rs 12 lakh and stops taking calls. A client holds back the final invoice after a project is delivered. A friend who borrowed money for a business now says it was a gift. A big company keeps a small supplier waiting for months. Recovering money in Delhi is possible, but the route you choose at the start matters: a legal notice, a summary suit where the defendant needs permission to defend, a commercial suit after compulsory mediation, the MSME Facilitation Council with its high statutory interest, arbitration, or a cheque bounce complaint. This guide explains each route, the three-year time limit and how to extend it, the evidence you need, how to protect money before judgment, and how to execute a decree so that the money actually reaches you, with the 2025 and 2026 decisions that shape these cases. To start with a formal demand, see Mara Vakil's legal notice service.

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Quick answer

Most money claims in Delhi must be filed within three years, though a written acknowledgement or part payment restarts the period. Begin with a legal notice. For a debt based on a written contract, invoice, promissory note or cheque, a summary suit under Order XXXVII CPC is fastest, because the defendant can contest only with the court's leave, refused where the defence is frivolous. Business disputes worth Rs 3 lakh or more are commercial suits and need pre-institution mediation under Section 12A unless urgent relief is genuinely required (Supreme Court, Novenco, 2025). Micro and small suppliers can go to the Delhi MSME Facilitation Council and claim compound interest at three times the RBI bank rate. District courts hear suits up to Rs 2 crore; the High Court above that. A decree that is not paid is enforced by attaching bank accounts, salary or property.

When money is owed: what the law offers in Delhi

Unpaid money is one of the most common reasons people in Delhi look for a lawyer. A trader in Chandni Chowk supplies goods worth several lakh and the buyer stops answering calls. A software firm in Okhla finishes a project and the client holds back the last invoice. A friend borrows money for a medical emergency and then refuses to return it. A landlord keeps the security deposit long after the tenant has left. A small manufacturer in Bawana waits months for payment from a large company. Each of these has a legal route, and choosing the right one at the start can be the difference between getting paid in months and waiting for years.

This guide explains the main routes available in Delhi: a legal notice, a summary suit under Order XXXVII of the Code of Civil Procedure, a commercial suit with pre-institution mediation under the Commercial Courts Act, 2015, a reference to the MSME Facilitation Council, an ordinary civil suit, a cheque bounce complaint, arbitration, and in limited cases a criminal complaint. It also covers limitation, evidence, interim protection and, most importantly, how a decree is actually executed so that money reaches your account.

Types of money claims

The time limit: three years in most cases

Under the Limitation Act, 1963, most money claims must be filed within three years. For money lent, time generally runs from when the loan is made, or from the agreed repayment date if one was fixed (Articles 19 and 21). For the price of goods sold and delivered, it runs from the date of delivery or the end of the agreed credit period (Articles 14 and 15). For services, from when the payment fell due. Two provisions can extend this:

Do not wait until the last months. Evidence weakens, debtors move or dissolve companies, and assets disappear. If the third year is approaching, file first and negotiate later.

First steps before going to court

  1. Gather the paper trail. Agreements, purchase orders, invoices, delivery challans, e-way bills, GST returns showing the sale, ledger extracts, bank statements showing transfers, promissory notes, receipts, emails and messages discussing the payment.
  2. Prepare a statement of account. Show the amounts due, payments received, and the balance, with dates. Mistakes here are seized on by the other side.
  3. Preserve electronic evidence. WhatsApp chats, emails and call recordings should be exported and backed up. To use them in court you will need a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (which replaced Section 65B of the Evidence Act).
  4. Ask in writing. A polite written reminder by email or letter creates a record and sometimes produces payment or an acknowledgement.
  5. Send a legal notice. A formal notice through an advocate sets out the claim, demands payment within a fixed time (often 15 days), and warns of legal action and interest. Many disputes settle at this stage, and the notice and any reply become evidence. Mara Vakil offers a legal notice service; if you have received a notice demanding money, see our legal notice reply service.
  6. Check the contract for arbitration or jurisdiction clauses. If there is an arbitration clause, the dispute will usually go to arbitration rather than a civil court. A jurisdiction clause may fix which city's courts can hear the case.
  7. Find out about the debtor's assets. Bank accounts, property, vehicles, business premises, receivables. This helps with interim attachment and, later, execution.

Choosing the right route

Your situationUsual route in Delhi
Written contract, invoice, promissory note or cheque for a fixed sumSummary suit under Order XXXVII CPC
Dispute between traders, businesses, suppliers or service providers of value Rs 3 lakh or moreCommercial suit, after pre-institution mediation under Section 12A
You are a registered micro or small enterprise supplying goods or services, and the buyer has not paidReference to the Delhi Micro and Small Enterprises Facilitation Council (MSEFC)
A cheque given for the debt has bouncedComplaint under Section 138 of the Negotiable Instruments Act, plus a civil claim if needed
Contract has an arbitration clauseArbitration under the Arbitration and Conciliation Act, 1996
Loan to a friend or relative without documentsOrdinary civil suit for recovery, with whatever evidence exists
Bank or NBFC recovering from a borrowerDebts Recovery Tribunal or SARFAESI (lenders' remedies)
Builder refund for a flatRERA or consumer commission
Deliberate fraud from the startCriminal complaint for cheating, in addition to civil remedies (with caution)

These routes are not always exclusive. A supplier with a bounced cheque can file a cheque bounce complaint and a summary suit for the same debt; the criminal case puts pressure on the drawer while the civil suit produces a decree. An MSME supplier can choose the Facilitation Council or a civil suit, but not both for the same claim at the same time. Get advice on combining routes so that you do not lose time or face objections.

Which court in Delhi

Civil and commercial suits are filed where the defendant resides or carries on business, or where the cause of action (or part of it) arose, such as where the contract was made, goods delivered or payment was to be made. Pecuniary limits as of October 2026:

Delhi's district courts sit at Tis Hazari, Karkardooma, Saket, Rohini, Dwarka, Patiala House and Rouse Avenue, each serving particular districts.

Summary suits under Order XXXVII: the fast track for documented debts

Order XXXVII of the Code of Civil Procedure provides a special, faster procedure for suits to recover a debt or liquidated demand in money. Its key feature is that the defendant cannot defend the suit as of right. Unless the defendant obtains the court's permission (leave to defend) by showing a genuine defence, the plaintiff is entitled to a decree.

When a summary suit can be filed

Invoices accepted by the buyer, written loan agreements, acknowledgements of debt, and dishonoured cheques are the typical foundations. A claim for unliquidated damages (where the amount must be assessed) cannot be brought as a summary suit.

In a decision reported on 18 October 2026, Sunpro Integrated Communication Services v. Capricot Technologies, the Delhi High Court upheld a summary suit decree passed by the Saket court for the unpaid balance of software invoices after part payment. The buyer had argued that the suit was really based on a dishonoured cheque and could not be maintained for the balance; the High Court held that the suit was founded on the invoices, which had been signed by the buyer's representative, and that a summary suit lies for the balance after adjusting payments.

How the procedure works

  1. Plaint: The plaint must state that it is filed under Order XXXVII, that no relief outside the scope of the Order is claimed, and must carry the prescribed endorsement. Documents on which the claim is based are filed with it.
  2. Summons for appearance: The defendant is served and must enter appearance within 10 days of service.
  3. Summons for judgment: After appearance, the plaintiff serves a summons for judgment, supported by an affidavit verifying the claim and stating that there is no defence.
  4. Leave to defend: Within 10 days of service of the summons for judgment, the defendant must apply for leave to defend, with an affidavit disclosing facts showing a substantial defence or a genuine triable issue.
  5. Decision on leave: The court may refuse leave and pass a decree, grant unconditional leave, or grant conditional leave (for example, on deposit of the admitted amount or part of the claim).
  6. Trial: If leave is granted, the suit proceeds like an ordinary suit, though often faster.

The test for leave to defend

The Supreme Court laid down the governing principles in IDBI Trusteeship Services v. Hubtown (2016). If the defendant raises a substantial defence, leave must be granted unconditionally. If the defence is fair or reasonable, leave is normally unconditional. If the defence raises triable issues but the court doubts the defendant's good faith, conditional leave may be granted. Leave can be refused only where the defence is frivolous or vexatious. Where any part of the amount is admitted, leave cannot be granted unless that part is deposited.

In B.L. Kashyap and Sons v. JMS Steels and Power Corporation, reported in October 2026, the Supreme Court set aside a summary suit decree against a construction contractor who claimed it had acted only as an agent of the project owner, holding that this raised triable issues and that refusal of leave is an exception reserved for frivolous defences. The Court treated the Rs 40 lakh already deposited as the condition for leave.

Procedural strictness

The timelines in a summary suit are strict, but courts have shown some flexibility in genuine cases. The Delhi High Court has condoned a bona fide three-day delay in entering appearance where refusal would have shut the defendant out of defending on merits. It has also held that an order converting a summary suit into a regular suit is not appealable. Defendants should not rely on leniency: miss a deadline and the decree can follow almost automatically.

Commercial suits and compulsory pre-institution mediation

Most business-to-business money claims in Delhi are "commercial disputes" under Section 2(1)(c) of the Commercial Courts Act, 2015: disputes arising from ordinary transactions of merchants, traders and financiers, sale of goods, provision of services, construction and infrastructure contracts, partnership and franchise agreements, and many others. If the specified value is Rs 3 lakh or more, the suit is a commercial suit and the special rules apply.

Section 12A: mediate first

Section 12A says that a commercial suit which does not contemplate urgent interim relief shall not be instituted unless the plaintiff first exhausts pre-institution mediation. In Delhi, pre-institution mediation is conducted under the Commercial Courts (Pre-Institution Mediation and Settlement) Rules, 2018 through the legal services authorities. The plaintiff files an application, the authority issues notice to the other side, and the mediation must be completed within three months, extendable by two months with consent. If the other side does not appear, a non-starter report is issued and the plaintiff can file the suit. A settlement reached in pre-institution mediation has the same status and effect as an arbitral award and can be enforced as such. The period spent in mediation is excluded when computing limitation.

The Supreme Court held in Patil Automation v. Rakheja Engineers (2022) that Section 12A is mandatory, and a suit filed in breach of it, without urgent relief, is liable to be rejected. In Yamini Manohar v. T.K.D. Keerthi (2023) it held that a plaintiff cannot avoid mediation simply by adding a prayer for urgent relief. In Novenco Building and Industry v. Xero Energy Engineering Solutions, decided on 27 October 2025 by Justices Sanjay Kumar and Alok Aradhe, the Court explained the test: whether, read as a whole, the plaint and documents show a genuine need for urgent interim intervention, judged from the plaintiff's standpoint and considering immediacy of harm, risk to assets, statutory timelines, perishable subject matter and whether delay would make relief ineffective. Pro forma prayers inserted only to bypass mediation will be disregarded.

For a pure money claim with no risk to assets, expect to go through mediation first. If the debtor is dissipating assets or about to leave the country, plead those facts clearly and seek interim relief such as attachment before judgment, which may justify filing directly.

Strict timelines in commercial suits

A commercial suit can also be filed as a summary suit under Order XXXVII if it qualifies, combining both sets of rules.

MSME suppliers: the Facilitation Council route

The Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) gives micro and small enterprises special protection against delayed payments by buyers.

What the Act gives suppliers

How the Council process works

  1. The supplier files a reference with invoices, proof of supply and acceptance, and its Udyam registration.
  2. The Council conducts conciliation. If it succeeds, the settlement is recorded.
  3. If conciliation fails, the Council takes up the dispute as arbitration itself or refers it to an arbitral institution, and the award is enforceable like any arbitral award.
  4. The Act expects the reference to be decided within 90 days, though in practice it can take longer.
  5. Under Section 19, a buyer who wants to challenge the award must first deposit 75 percent of the awarded amount.

Points of law to watch

Other routes: ordinary suits, arbitration, cheques and criminal complaints

Ordinary civil suit for recovery

Where the claim does not fit Order XXXVII (for instance, an oral loan to a relative, or damages that need assessment) and is not a commercial dispute, an ordinary civil suit for recovery of money is filed in the district civil court or the High Court depending on value. Ad valorem court fee is payable on the amount claimed. The defendant can defend as of right, and the suit goes through pleadings, issues, evidence and arguments. It takes longer than a summary suit, but it is the only option where the claim is not documented enough for the summary procedure.

Oral loans are hard to prove but not impossible. Bank transfers, messages asking for or acknowledging the loan, witnesses who were present, and the borrower's conduct can establish the debt. Cash loans above Rs 20,000 raise income tax issues for both parties, so avoid them in future.

Arbitration

If the contract contains an arbitration clause, the dispute goes to arbitration. You can send a notice invoking arbitration and, if the other side does not agree on an arbitrator, apply to the Delhi High Court under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment. Institutional arbitration through the Delhi International Arbitration Centre at the High Court is common for Delhi contracts. If you file a civil suit despite an arbitration clause, the defendant can ask the court to refer the parties to arbitration under Section 8. Interim relief, such as securing the amount in dispute, can be sought from the court under Section 9 or from the tribunal under Section 17. An arbitral award is enforced like a decree once the time to challenge it under Section 34 has passed or the challenge has failed.

Cheque bounce

Where the debt was to be paid by cheque and the cheque bounced, a complaint under Section 138 of the Negotiable Instruments Act is a powerful tool: the drawer faces criminal prosecution, with punishment of up to two years or a fine up to twice the cheque amount, and courts can order interim compensation up to 20 percent of the cheque amount. The statutory notice must be sent within 30 days of the bank's return memo, and the complaint filed within one month after the 15-day payment period expires. Our guide on cheque bounce cases in Delhi explains the full procedure. A civil summary suit on the same cheque can run in parallel.

Criminal complaints for cheating

Some creditors try to recover money by filing a police complaint for cheating or criminal breach of trust. This works only where there was dishonest intention from the very beginning, such as a person who took money with no intention of delivering anything, using false representations. The Supreme Court has repeatedly warned against converting purely civil disputes, such as a simple failure to repay a loan or pay for goods, into criminal cases, and High Courts regularly quash such FIRs. Filing a weak criminal complaint can backfire, waste time and expose the complainant to allegations of abuse of process. Use criminal law where the facts genuinely show fraud, and pursue civil remedies in parallel. If the police do not act on a genuine complaint, see our guide on FIR not registered in Delhi.

Protecting the money before judgment

A decree is worth little if the debtor has emptied their accounts and sold their assets by the time it arrives. The law provides interim measures:

To succeed, show the court concrete evidence: the defendant has put property up for sale, closed bank accounts, transferred assets to relatives, or is winding up the business.

Getting paid: execution of the decree

Winning a decree is half the battle. If the judgment debtor does not pay voluntarily, the decree holder files an execution petition under Order XXI CPC before the court that passed the decree (or a court to which it is transferred). Ways to enforce a money decree include:

Execution has historically been slow in India. In Rahul S. Shah v. Jinendra Kumar Gandhi (2021), the Supreme Court issued directions to speed it up, including that execution proceedings should ordinarily be decided within six months, that courts should require disclosure of assets, and that frivolous objections should attract costs. A decree is executable for 12 years under Article 136 of the Limitation Act.

Interest

Under Section 34 CPC, the court can award interest on the principal sum from the date of the suit to the date of decree at a rate it considers reasonable, and further interest from the date of decree to payment, usually not exceeding 6 percent per year, though in commercial transactions the rate can be higher, up to the contractual rate or the rate at which nationalised banks lend. Interest agreed in the contract, or under Section 16 of the MSMED Act, can be claimed for the period before the suit.

If someone is claiming money from you

Recovery claims are not always genuine or accurate. A supplier may claim for defective goods, a former partner may inflate a statement of account, or a lender may be charging illegal interest. If you have received a legal notice or summons, these points matter:

How recovery plays out: illustrative situations

These are composites of typical Delhi situations, with invented names. They are not real cases.

1. The garment supplier and the unpaid invoices

A garment manufacturer in Okhla, registered on Udyam as a micro enterprise, supplies goods worth Rs 18 lakh to a retail chain on 30-day credit. Four months pass. After a legal notice goes unanswered, the manufacturer files a reference with the Delhi MSEFC. At conciliation, the chain offers to pay in instalments; the supplier insists on Section 16 interest. Conciliation fails and the Council's arbitral award grants the principal with compound interest. When the chain challenges the award, it must first deposit 75 percent of the amount.

2. The friendly loan

Rahul lent Rs 4 lakh to a college friend by bank transfer for a business, with WhatsApp messages in which the friend promised to repay within a year. Two years later, the friend stops responding. There is no written agreement, but the messages are an acknowledgement of debt. Rahul's advocate sends a legal notice and then files a recovery suit in the district court, relying on the bank transfer and the messages with a Section 63 certificate.

3. The software project

An IT firm completes a website project for a Gurugram company under a written contract with a Delhi jurisdiction clause. The last invoice of Rs 9 lakh is unpaid. Since it is a commercial dispute above Rs 3 lakh with no urgency, the firm applies for pre-institution mediation. The client attends one session and agrees to pay in two instalments; the settlement is recorded and becomes enforceable like an arbitral award.

4. The bounced cheque and the summary suit

A building materials dealer receives a cheque for Rs 6 lakh that bounces for insufficient funds. The dealer sends the statutory notice, files a cheque bounce complaint at the Saket court, and at the same time files a summary suit on the invoices and the cheque. The buyer's application for leave to defend claims the goods were defective, but there is no record of any complaint at the time. The court grants leave only on deposit of the full amount; the buyer settles.

5. The decree that sat unexecuted

A trader obtained a decree for Rs 12 lakh in 2022 but did nothing further, assuming the debtor would pay. In 2026 he files execution. The court directs the judgment debtor to file an affidavit of assets, attaches a bank account and a car, and lists the debtor's shop premises for attachment. The debtor pays within weeks. A decree remains executable for 12 years, but delay gives the debtor time to move assets.

Common myths about recovering money

MythReality
"Without a written agreement, I can never recover."Bank records, messages, emails and witnesses can prove a loan or sale.
"A police complaint is the fastest way to get money back."Police complaints work only for genuine fraud; courts quash criminal cases that are really civil disputes.
"I can file whenever I want."Most money claims must be filed within three years, subject to acknowledgement and part payment.
"Every commercial suit can go straight to court."Without genuine urgency, pre-institution mediation under Section 12A is mandatory.
"Winning the case means the money arrives automatically."An unpaid decree must be executed through attachment and sale.
"The MSME Council only helps if the buyer agrees."If conciliation fails, the Council arbitrates and its award is enforceable.
"A summary suit means no defence at all."The defendant can defend with the court's leave if it shows a genuine triable issue.
"Interest stops when I file the suit."The court can award interest during the suit and until payment.

Special kinds of debtors

Companies and directors

A private limited company is a separate legal person. Its directors are not personally liable for its debts unless they gave a personal guarantee, signed a cheque that bounced (in which case Section 141 of the Negotiable Instruments Act can make those in charge of the company liable in the cheque case), or committed fraud. Sue the company, and add guarantors where there is a guarantee. Check the company's status on the Ministry of Corporate Affairs portal before filing; a company that has been struck off or is under insolvency needs a different approach.

Debtors under insolvency

If a corporate debtor has been admitted into the corporate insolvency resolution process under the Insolvency and Bankruptcy Code, 2016, a moratorium under Section 14 bars the filing or continuation of suits and execution against it. Creditors must file their claims with the interim resolution professional within the time announced in the public notice. Operational creditors can themselves start insolvency for undisputed defaults above the threshold, but the IBC is not meant for recovering disputed amounts; a pre-existing dispute is a ground for rejecting such an application.

Partnership firms and LLPs

Partners of an ordinary partnership firm are jointly and severally liable for the firm's debts, so a decree against the firm can be executed against the partners' personal assets in appropriate cases. Partners of a limited liability partnership are generally not personally liable, except for their own wrongful acts or guarantees.

Government departments and public sector units

Before suing the Government or a public officer for acts done in official capacity, Section 80 CPC requires two months' notice, unless the court grants leave in urgent cases. Many government contracts contain arbitration clauses. Micro and small suppliers to government bodies can also use the MSME Facilitation Council, and Central public sector enterprises are subject to the government's directions on timely payment to MSMEs.

Proprietors and individuals

A sole proprietorship has no separate legal identity, so the proprietor is personally liable for business debts and their personal assets can be attached in execution, subject to the exemptions in Section 60 CPC such as necessary household items and tools of trade.

Documents checklist

Glossary

Typical timelines

StageUsual time
Legal notice and waiting period15 to 30 days
Pre-institution mediationUp to three months, extendable by two
Summary suit, if leave to defend is refusedOften within a year of filing
Summary suit with leave granted, or ordinary suitSeveral years in contested matters
Commercial suitFaster than ordinary suits due to strict timelines, but contested trials still take time
MSME Facilitation Council90 days under the Act; often longer in practice
Execution of decreeSix months as the Supreme Court's target; varies with assets and objections

These are general indications only. Service of summons, the court's board, adjournments and the debtor's conduct all affect timing.

Practical tips that improve recovery

Recovering your money with the help of a Delhi advocate

We are an online service that connects people with lawyers; we are not lawyers ourselves and we do not advise on your case. What we do is put creditors, businesses and individuals in touch with enrolled advocates who handle recovery work. Looking for an advocate and consulting them through Mara Vakil costs you nothing; if you engage one, you agree the fee with that advocate directly.

Fill in the short form at the top of this page with the amount, who owes it, and what documents you have. Civil and commercial advocates practising in Delhi will see the request with your phone number masked, and it is shown only to the advocate who accepts the matter. An advocate can:

Related Mara Vakil services: legal notice, legal notice reply and affidavit and notary. You can also browse civil lawyers in Delhi, all lawyers in Delhi, or read about the Delhi High Court, Saket, Tis Hazari and Karkardooma courts.

For advocates: recovery practice in Delhi

Recovery work spans summary suits, commercial courts, MSME Councils and execution, and the law keeps moving: Novenco (2025) on when urgency excuses pre-institution mediation, NBCC (2025) on MSME registration, and the October 2026 decisions in B.L. Kashyap and Sunpro on leave to defend and invoice-based summary suits. Businesses need advocates who can choose the right forum quickly and follow through to execution. If you are an enrolled advocate who handles recovery matters, you can sign up on Mara Vakil and start getting recovery enquiries from Delhi businesses and individuals.

Money recovery in Delhi: frequently asked questions

How can I recover money someone owes me in Delhi?

Start with a legal notice, then choose a summary suit, commercial suit, MSME Council, arbitration or cheque bounce complaint depending on the claim.

What is the time limit to recover money?

Usually three years under the Limitation Act, from when the money fell due.

Can the three-year limit be extended?

Yes, by a written acknowledgement of debt or a part payment made before the period expires.

Does a WhatsApp message count as acknowledgement of debt?

It can, if it clearly admits the debt and is attributable to the debtor.

Does a part payment restart limitation?

Yes, under Section 19 if made before limitation expires and evidenced in writing.

Should I send a legal notice before filing a suit?

It is advisable. It records the demand, may lead to settlement and becomes evidence.

How long should a legal notice give for payment?

Commonly 15 days, though the period can vary.

What if the debtor ignores the legal notice?

Proceed with the appropriate legal route; silence can support your case.

What is a summary suit?

A fast-track suit under Order XXXVII CPC for debts based on written contracts, invoices, promissory notes or cheques.

When can I file a summary suit?

For a debt or liquidated demand based on a written contract, enactment, guarantee or negotiable instrument.

Can a summary suit be filed for damages?

No. Unliquidated damages cannot be claimed in a summary suit.

Can a summary suit be filed on invoices?

Yes. The Delhi High Court in Sunpro (2026) upheld a summary suit on invoices for the balance after part payment.

What is leave to defend?

The court's permission for a defendant in a summary suit to contest the claim.

How many days does a defendant get to appear in a summary suit?

Ten days from service of summons.

How many days to apply for leave to defend?

Ten days from service of the summons for judgment.

When is leave to defend refused?

Only where the defence is frivolous or vexatious, under IDBI Trusteeship (2016).

What did the Supreme Court decide in B.L. Kashyap?

In 2026 it granted leave to defend where the contractor raised triable issues about being only an agent.

What is conditional leave to defend?

Leave granted on condition, usually deposit of all or part of the amount.

Must an admitted amount be deposited?

Yes, leave is not granted for the admitted part unless it is deposited.

Can delay in appearance in a summary suit be condoned?

Delhi High Court has condoned a bona fide short delay where refusal would shut out a defence on merits.

What is a commercial dispute?

A dispute of types listed in Section 2(1)(c) of the Commercial Courts Act, such as sale of goods and services.

What is the minimum value for a commercial suit?

A specified value of Rs 3 lakh.

Where are commercial suits filed in Delhi?

District commercial courts up to Rs 2 crore; the High Court's Commercial Division above.

Is pre-institution mediation mandatory?

Yes, under Section 12A, unless the suit genuinely contemplates urgent interim relief.

What did Patil Automation decide?

In 2022 the Supreme Court held Section 12A mediation is mandatory.

Can I skip mediation by asking for urgent relief?

Not with a pro forma prayer. Novenco (2025) requires genuine urgency shown by the plaint and documents.

Who conducts pre-institution mediation in Delhi?

The legal services authorities under the 2018 Rules.

How long does pre-institution mediation take?

Three months, extendable by two with consent.

What if the other side does not attend mediation?

A non-starter report is issued and you can file the suit.

Is a mediated settlement enforceable?

Yes, it has the status of an arbitral award.

Does mediation time count against limitation?

No, the mediation period is excluded.

What is the deadline for a written statement in commercial suits?

30 days, extendable up to 120 days; after that the right is forfeited.

What is summary judgment under Order XIII-A?

A judgment without trial where a party has no real prospect of success, available in commercial suits.

Where do commercial appeals go?

To the Commercial Appellate Division of the High Court within 60 days.

What protection do MSME suppliers have?

Payment within 45 days, compound interest at three times the bank rate, and the Facilitation Council.

What is the MSME payment deadline?

The agreed date, not exceeding 45 days from acceptance; 15 days if no agreement.

What interest applies to delayed MSME payments?

Compound interest with monthly rests at three times the RBI bank rate.

What is the MSEFC?

The Micro and Small Enterprises Facilitation Council under Section 18 of the MSMED Act.

Where is the Delhi MSEFC?

It functions under the Department of Industries, Government of NCT of Delhi.

How do I file before the MSEFC?

Usually through the MSME Samadhaan portal with invoices, proof of supply and Udyam registration.

What happens at the MSEFC?

Conciliation first; if it fails, arbitration by the Council or an institution.

How long should the MSEFC take?

90 days under the Act, though it often takes longer.

Can a buyer challenge an MSEFC award freely?

No. The buyer must deposit 75 percent of the award before challenging it.

Is Udyam registration required to approach the MSEFC?

NBCC (2025) said it is not for Section 18, but the issue is referred to a larger bench.

Does limitation apply to MSME claims?

Yes, to the arbitration stage, under Silpi Industries (2021).

Does an arbitration clause stop an MSEFC reference?

No. Mahakali Foods (2022) held Section 18 overrides private arbitration clauses.

Do medium enterprises get delayed payment protection?

No, it applies to micro and small suppliers.

Can I file a civil suit and MSEFC reference together?

Not for the same claim at the same time.

What if there is no written agreement for a loan?

File an ordinary recovery suit relying on bank records, messages and witnesses.

Can I recover a cash loan?

It is harder; witnesses, messages and conduct can help. Avoid large cash loans.

What court fee applies to a recovery suit?

Ad valorem court fee on the amount claimed.

What if my contract has an arbitration clause?

The dispute generally goes to arbitration; a court can refer it under Section 8.

How is an arbitrator appointed if the other side refuses?

By applying to the Delhi High Court under Section 11.

Can I get interim relief in arbitration?

Yes, from the court under Section 9 or the tribunal under Section 17.

How is an arbitral award enforced?

Like a decree, once the challenge period under Section 34 has passed or the challenge fails.

Can I file a cheque bounce case and a civil suit together?

Yes, they can run in parallel.

What is the punishment for cheque bounce?

Up to two years or fine up to twice the cheque amount, or both.

What is the notice deadline in cheque bounce?

Within 30 days of the bank's return memo.

Can I file a police complaint for unpaid money?

Only where there was dishonest intention from the start; simple non-payment is a civil matter.

Will courts quash a criminal case over a civil dispute?

Yes, courts often quash FIRs that are really civil disputes.

What is attachment before judgment?

An order under Order XXXVIII Rule 5 securing the defendant's property before decree.

When is attachment before judgment granted?

When there is specific evidence the defendant is disposing of property to defeat a decree.

Can I stop the debtor from selling property during the suit?

Yes, by seeking an injunction or attachment with supporting evidence.

What is execution?

Enforcing a decree under Order XXI CPC when the debtor does not pay.

How is a money decree executed?

By attaching bank accounts, salary, movable and immovable property, or debts owed to the debtor.

Can a debtor be sent to civil prison?

Only after notice and inquiry showing ability to pay and refusal.

How long is a decree executable?

Twelve years under Article 136 of the Limitation Act.

How fast should execution be?

The Supreme Court in Rahul S. Shah (2021) set six months as the norm.

Can the court make the debtor disclose assets?

Yes, by directing an affidavit of assets.

What interest can the court award?

Interest during the suit and up to payment under Section 34 CPC, usually up to 6 percent, higher in commercial cases.

Can I claim contractual interest?

Yes, interest agreed in the contract can be claimed for the pre-suit period.

Where do I file a recovery suit in Delhi?

Where the defendant resides or works, or where the cause of action arose.

What is the pecuniary limit of Delhi district courts?

Rs 2 crore; a proposal to raise it to Rs 10 crore is pending.

What documents do I need for recovery?

Agreements, invoices, delivery proof, bank statements, messages, legal notice and debtor details.

Why is a Section 63 certificate needed?

To prove electronic records like emails and WhatsApp chats under the Bharatiya Sakshya Adhiniyam.

Can GST returns help my recovery case?

Yes, they corroborate the sale and invoice.

What if the debtor is a company?

Sue the company; directors are not personally liable unless they guaranteed or committed fraud.

Can I recover from a director personally?

Only if they gave a personal guarantee or there are grounds such as fraud.

What if the debtor company is in insolvency?

A moratorium may stop suits; you file your claim with the resolution professional.

Can an operational creditor file insolvency for dues?

Yes, under the IBC for defaults above the threshold, but it is not a recovery tool for disputed debts.

What if the debtor lives outside Delhi?

You may still sue in Delhi if part of the cause of action arose here or the contract chooses Delhi.

What if the debtor is abroad?

Suits can be filed; enforcement abroad depends on that country's laws.

Can a landlord withhold a security deposit indefinitely?

No. The tenant can claim refund minus lawful deductions, by notice and suit if needed.

Can I recover an advance for goods never delivered?

Yes, by legal notice and suit; a summary suit may lie if there is a written contract.

Can I recover money from a builder?

Usually through RERA or the consumer commission.

Can I recover unpaid salary through this route?

Salary claims have labour law routes; see our unpaid salary guide.

Can consumers use a summary suit?

They usually go to the consumer commission, which is simpler for personal purchases.

Is a promissory note useful?

Yes, it supports a summary suit.

Does a promissory note need stamping?

Yes, an unstamped promissory note faces evidentiary problems; get it stamped correctly.

What if the debtor admits the debt but cannot pay?

Consider a settlement with instalments, recorded in writing or as a consent decree.

Can a settlement be recorded as a decree?

Yes, as a compromise decree in a pending suit.

Is mediation available after filing a suit?

Yes, courts can refer suits to mediation.

What are costs in recovery suits?

Courts can award litigation costs, especially in commercial suits.

Can I claim my legal fees?

Courts may award costs, which can include a part of legal expenses.

What if I have lost the original invoice?

Use copies, ledgers, GST returns and other evidence; explain the loss.

What if the debtor claims the goods were defective?

Courts look for complaints made at the time; late claims are viewed sceptically.

Can the defendant file a counter-claim?

Yes, in the same suit.

What is a statement of account?

A record of amounts due, payments and balance, essential for recovery.

Can interest be claimed if not agreed?

Courts can award reasonable interest under Section 34 CPC and the Interest Act.

What happens if I miss limitation?

The claim is generally barred, unless acknowledgement or part payment extended it.

Can I recover money lent to a relative?

Yes, with evidence of the loan and its terms.

Are gifts recoverable?

No, a genuine gift is not a loan.

What if the borrower says it was a gift?

Your evidence of a loan, such as messages and repayment promises, decides the issue.

Does a legal notice stop limitation?

No. Only acknowledgement, part payment or filing stops time.

Can I send a legal notice by email?

Yes, along with post or courier for proof.

Can I use WhatsApp to send a legal notice?

Courts have accepted it in some contexts, but send it by post or courier too.

What is Order XXI CPC?

The order governing execution of decrees.

What if the debtor transfers property to relatives?

Fraudulent transfers can be challenged, and attachment can be sought.

What is the Delhi International Arbitration Centre?

An arbitration institution at the Delhi High Court used for many Delhi contracts.

Is arbitration faster than court?

Often, especially institutional arbitration with timelines.

Does Mara Vakil charge to connect me with an advocate?

No. Searching and consulting are free; the fee is agreed directly with the advocate.

Is Mara Vakil a law firm?

No. It only connects you with advocates; any legal advice comes from the advocate you engage.

Who sees my recovery request?

Delhi civil and commercial advocates see it with your number masked until one accepts.

Can an advocate send a legal notice for me?

Yes. Mara Vakil also offers a legal notice service.

Can an advocate represent me before the MSEFC?

Yes.

Are advocates verified?

Each advocate's Bar enrolment is checked before listing.

Can advocates join for recovery work?

Yes, enrolled advocates can sign up and receive recovery requests.

What is the first step if a buyer has not paid?

Prepare the statement of account, collect documents and send a legal notice.

Can a small trader use commercial courts?

Yes, for disputes of Rs 3 lakh or more.

What if the claim is below Rs 3 lakh?

It goes to the ordinary civil court, by summary or regular suit.

Can I file online in Delhi courts?

Yes, e-filing is available in the Delhi High Court and district courts.

Can I recover dues from a government department?

Yes, through notice under Section 80 CPC and suit, or MSME routes where applicable.

What is Section 80 CPC notice?

A two-month notice required before suing the government, subject to exceptions.

Can I recover from a partnership firm's partners?

Partners are jointly and severally liable for firm debts.

Can I recover from an LLP's partners?

Generally not personally, unless they guaranteed or acted fraudulently.

What is a hundi?

A traditional negotiable instrument that can support a summary suit.

Can I recover money through a consumer case and civil suit both?

Not for the same relief; choose one forum.

Can I recover money paid to a fraudster online?

Report on 1930 and cybercrime.gov.in quickly; see our cyber fraud guide.

Can a debtor's bank account be frozen before judgment?

Yes, by attachment before judgment if the conditions are shown.

Sources checked

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This page gives general information based on the sources listed, as checked on 18 October 2026. Every situation needs individual advice. Mara Vakil is a technology platform, not a law firm, and does not give legal advice. Read our disclaimer.

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