Our office
Unpaid invoices, dishonoured cheques and broken promises of repayment are the most common disputes brought to any Kolkata chamber. Each has a specific, time-bound remedy, and missing a limitation date is the most common reason a good claim fails.
We conduct recovery and civil litigation from the first legal notice through to execution of the decree, in the Magistrates' courts, the City Civil Court, the commercial courts and the Original Side of the Calcutta High Court.
What we handle
- Cheque dishonour complaints under section 138 of the Negotiable Instruments Act, 1881
- Legal notices and pre-litigation settlement
- Summary suits under Order XXXVII and ordinary money suits
- Commercial suits and pre-institution mediation under the Commercial Courts Act, 2015
- Injunctions, receivers and attachment before judgment
- Execution of decrees and recovery of awards
- Appeals and revisions in civil matters
Frequently asked questions
A written demand notice must be sent within thirty days of receiving the bank's return memo. The drawer then has fifteen days from receiving the notice to pay. If payment is not made, the complaint must be filed within one month after those fifteen days expire. A cheque must itself be presented within its validity period, currently three months from its date.
For most claims arising from a loan, a sale of goods or services, or a contract, the limitation period under the Limitation Act, 1963 is three years, counted from the date the money fell due or, in some cases, from the last written acknowledgement of the debt. A written acknowledgement or part payment before the period expires starts it afresh.
For commercial disputes of the specified value that do not seek urgent interim relief, section 12A of the Commercial Courts Act, 2015 requires the plaintiff to first attempt pre-institution mediation. The Supreme Court has held this requirement to be mandatory, and suits filed without it can be rejected.
This page describes the law and procedure generally applicable in West Bengal. It is not legal advice on any particular matter; every matter turns on its own facts.