RECOVERY PROCEEDING
Unpaid dues, outstanding debts, and unrecovered loans represent a significant drain on individuals and businesses alike. Whether you are a creditor waiting for repayment, a business chasing overdue invoices, or a financial institution seeking recovery from a defaulting borrower. Alethes Legal provides focused, strategic legal support to recover what is rightfully yours.
Recovery proceedings in India span multiple legal frameworks depending on the nature of the debt, the parties involved, and the amount in question. Our advocates are experienced across the full spectrum of recovery mechanisms from civil suits and summary suits to proceedings before the Debt Recovery Tribunal (DRT), the National Company Law Tribunal (NCLT), and recovery under the Insolvency and Bankruptcy Code, 2016 (IBC).
We also represent debtors who are facing unjust or aggressive recovery actions advising on their rights, negotiating settlement arrangements, and defending against disproportionate claims.
Businesses frequently face the challenge of unpaid invoices, defaulting clients, and failed transactions. Prolonged non-recovery affects cash flow, damages business relationships, and erodes profitability. Alethes Legal helps businesses establish recovery protocols including properly worded contracts, demand notice procedures, and escalation frameworks that maximise the prospects of recovery before a dispute becomes entrenched.
For corporate debts above the prescribed threshold, the Insolvency and Bankruptcy Code (IBC) provides a powerful and time-bound recovery mechanism. A well-prepared insolvency application before the NCLT is often the most effective tool available to corporate creditors. Our advocates are experienced in filing and arguing corporate insolvency petitions, and in representing clients throughout the Corporate Insolvency Resolution Process (CIRP).
Recovery Law Services:
CHEQUE BOUNCE CASES
A dishonoured cheque is not merely a failed transaction it is a legal offence. Under Section 138 of the Negotiable Instruments Act, 1881, the dishonour of a cheque for insufficiency of funds or exceeding the amount arranged is a criminal offence, punishable with imprisonment of up to two years, a fine up to twice the cheque amount, or both.
At Alethes Legal, we handle cheque bounce matters with the speed and precision they demand. These cases are highly time-sensitive, strict notice deadlines and limitation periods must be met, failing which the legal remedy is lost. Our advocates ensure that every step is taken correctly and promptly, giving you the strongest possible position before the court.
We represent both complainants (payees) seeking to recover their dues and enforce criminal liability, and accused parties (drawers) seeking to defend themselves against cheque bounce complaints including cases of wrongful prosecution, expired debts, or technical defences.
Businesses that regularly deal with large volumes of cheques suppliers, NBFCs, microfinance institutions, or service providers often face the challenge of managing multiple cheque bounce cases simultaneously. Alethes Legal provides bulk cheque bounce case management services, maintaining rigorous tracking of all notice deadlines, court dates, and recovery amounts to ensure that no case lapses and every recovery opportunity is pursued.
Not every cheque bounce complaint is straightforward. Cheques are sometimes issued as security, without any underlying enforceable debt, or in circumstances where the drawer has a legitimate defence. Our advocates thoroughly analyse the facts and documents to identify and present all available defences including absence of legally enforceable debt, time-barred claims, and procedural defects in the complaint – ensuring that accused parties are not unjustly convicted.
A dishonoured cheque is a broken promise and the law provides clear remedies. At Alethes Legal, we pursue them with the urgency and precision your case demands.
