How to recover money from someone in Patna legally?

Send a legal demand notice first. Then choose the correct mechanism: Written contract + admitted liability → Order XXXVII Summary Suit (3–6 months). Bank loan above ₹20 lakhs → DRT Patna or SARFAESI (6–18 months). Bounced cheque → Section 138 criminal complaint + parallel civil suit (6–12 months).

What is the limitation period for money recovery in Patna?

3 years from the date the cause of action arises under Article 65 of the Limitation Act. For example, if a loan was due on 01.01.2023, you must file by 31.12.2025. This period is strictly non-condonable for summary suits.

Where is DRT Patna located?

DRT Patna is located at 2nd Floor, AG Palace, E Boring Canal Road, Patna – 800001. It handles bank and NBFC recovery applications above ₹20 lakhs for Bihar and parts of Jharkhand.

Can I file a summary suit for a disputed debt in Patna?

No. Order XXXVII is only for liquidated demands – a fixed sum admitted in writing. If the defendant genuinely disputes liability, you must file a regular civil suit under Order VII CPC.

How long does money recovery take in Patna?

Summary suit: 3–6 months. DRT Original Application: 6–18 months. SARFAESI enforcement: 4–8 months. Section 138 cheque bounce: 6–12 months. Regular civil suit: 5–10 years.

How to file a cheque bounce case in Patna?

Present the cheque within 3 months and get the dishonour memo. Send a legal notice within 30 days of dishonour. Wait 15 days from receipt of notice. File complaint before CJM Patna within the next 30 days. E-filing is available via Patna High Court portal.

What is the pre-deposit for appealing a DRT order in Patna?

Under Section 21 of the RDB Act, the appellant must deposit 50% of the debt amount determined by DRT. DRAT may reduce this to a minimum of 25% for recorded reasons.

Money Recovery in Patna

Each money recovery route in Patna has its own eligibility criteria, filing procedures, and strategic advantages. Here is what you need to know before choosing your path.

Mechanism	Governing Law	Best For	Threshold	Timeline
Order XXXVII Summary Suit	CPC, 1908	Promissory notes, written contracts, admitted debts	Any amount	3–6 Months
DRT Patna (Original Application)	RDB Act, 1993	Bank / NBFC debts	> ₹20 Lakhs	6–18 Months
SARFAESI Enforcement	SARFAESI Act, 2002	Secured assets (mortgage/hypothecation)	> ₹20 Lakhs NPA	4–8 Months
Section 138 NI Act – Cheque Bounce	NI Act, 1881	Dishonoured cheques – criminal + civil	Any cheque amount	6–12 Months
Commercial Division Suit	Commercial Courts Act, 2015	High-value commercial disputes	> ₹3 Lakhs	6–12 Months
Regular Civil Suit (Order VII)	CPC, 1908	Disputed / unliquidated debts – last resort	Any amount	5–10 Years

Order XXXVII Summary Suit – Fastest Money Recovery in Patna

Civil Procedure Code, 1908 · Patna Civil Court / Commercial Division

⚡ 3–6 Months

The Order XXXVII summary suit is the single fastest money recovery tool in Patna for documented, liquidated debts. It eliminates the defendant's ability to delay with frivolous defences – a decree can be obtained in as little as 3 months.

✅ When You CAN File

Promissory notes, hundis, bills of exchange
Written contract with admitted, fixed amount
Statutory debts with quantifiable amount
Loan agreements with repayment schedules

❌ When You CANNOT File

Unliquidated damages or compensation
Disputed debts without written proof
Oral agreements only
Tort claims or breach of service quality

Two-Stage Summons Process (Strict Deadlines)

Stage	Action	Deadline	Consequence of Missing
Stage 1	Court issues Summons for Appearance	Defendant: 10 days to appear	Deemed admission → immediate decree
Stage 2	Plaintiff files Summons for Judgment + affidavit	After defendant appears	Plaintiff loses summary advantage
Defendant	Apply for Leave to Defend	Within 10 days of summons for judgment	No application → automatic decree

Leave to Defend – The Critical Battle

The Supreme Court in Executive Trading Co. v. Grow Well Mercantile (2025 INSC 1157) held:

Executive Trading Co. v. Grow Well Mercantile (2025 INSC 1157) "No defence can be allowed without leave of court. Allowing defence without leave effaces the distinction between regular suits and Order XXXVII proceedings."

Three possible outcomes of a leave application:

Unconditional Leave – Granted only if the defendant shows a substantial, triable defence (fraud, full payment). Very rare.
Conditional Leave – Most common. Defendant must deposit 50–100% of the claim in court before defending. Secures your money even before trial.
Leave Refused – Frivolous defence. Court passes immediate judgment in your favour.

Where to File for Money Recovery in Patna

Claims up to ₹3 lakh (non-commercial): Patna City Civil Court / District Court
Above ₹3 lakh (commercial): Commercial Division, Patna High Court
Above ₹1 crore: Original Side, Patna High Court

DRT Patna & SARFAESI – Bank and NBFC Money Recovery in Patna

RDB Act, 1993 / SARFAESI Act, 2002 · DRT Patna, E Boring Canal Road

🏦 6–18 Months

For banks and NBFCs, money recovery in Patna for debts above ₹20 lakhs must proceed through the Debt Recovery Tribunal (DRT) Patna. Civil Courts have zero jurisdiction – filing there guarantees dismissal.

📍 DRT Patna Location

2nd Floor, AG Palace, E Boring Canal Road, Patna – 800001 | Working hours: 10:30 AM – 4:30 PM (Mon–Fri) | Jurisdiction: Bihar & Jharkhand

SARFAESI Enforcement – Mandatory Step-by-Step Process

⚠️

Missing any single step in the SARFAESI process voids the entire enforcement. DRT Patna (2026) confirmed this in Balaji Enterprises v. Union of India.

Classify Account as NPA
As per RBI guidelines – 90 days overdue triggers NPA classification.
Issue Section 13(2) Demand Notice
Borrower gets 60 days to repay in full. This step is mandatory – cannot be skipped.
Borrower's Section 13(3-A) Representation
Bank must consider and reply with recorded reasons within 15 days.
Section 13(4) Possession Notice
Bank takes symbolic possession of the secured asset if no payment received.
Section 14 Application to District Magistrate
If physical possession is resisted. DM acts in administrative, not judicial, capacity.
E-Auction via Government Portal
Conducted through Central Government approved e-auction platform.
Issue Sale Certificate
Registered at local sub-registrar office. Money recovery in Patna is complete.

DRT Patna Filing Fees

Debt Amount	Filing Fee
Up to ₹10 Lakhs	₹12,000
₹10 – ₹20 Lakhs	₹20,000
₹20 – ₹50 Lakhs	₹25,000
₹50 Lakhs – ₹1 Crore	₹50,000
Above ₹1 Crore	₹1,50,000 (Maximum)

Borrower's Rights – Section 17 Challenge

A borrower can challenge SARFAESI action before DRT Patna via a Section 17 application within 45 days of receiving the possession notice. Grounds are limited to procedural non-compliance by the bank. A 2025 ruling confirms DRT can condone delay if sufficient cause is shown.

2025 Patna High Court (Writ Petition Bar) "Article 226 writ petitions are not maintainable when an effective statutory remedy exists before DRT under Section 17 SARFAESI. Borrowers cannot stall recovery through High Court writs."

DRAT Appeal – Pre-Deposit Requirement

Appealing a DRT order before DRAT requires a pre-deposit of 50% of the debt amount (Section 21, RDB Act). DRAT may reduce this to a minimum of 25% for recorded reasons.

Section 138 NI Act – Cheque Bounce Money Recovery in Patna

Negotiable Instruments Act, 1881 · CJM Patna

⚡ 6–12 Months

A dishonoured cheque gives you a dual-threat strategy for money recovery in Patna: a criminal complaint under Section 138 NI Act (up to 2 years imprisonment + double the cheque amount as fine) combined with a parallel civil suit. Criminal pressure alone forces most debtors to settle quickly.

Strict Timeline – Non-Negotiable Deadlines

Step	Action	Deadline	Consequence
1	Present cheque to bank	Within 3 months of issue	Must present for dishonour to trigger NI Act
2	Receive dishonour memo	Same day	Must state reason – "insufficient funds" etc.
3	Send legal demand notice	Within 30 days of dishonour	By registered post – keep all proof
4	Wait for payment	15 days from notice receipt	Drawer may pay – no complaint if paid in time
5	File criminal complaint before CJM Patna	Within 30 days after 15-day period	Late filing requires formal condonation application

⚠️

The Supreme Court (2025) held that a complaint filed beyond 30 days cannot be entertained without a formal condonation of delay application. There is no automatic condonation.

Where to File Cheque Bounce Cases in Patna

Chief Judicial Magistrate (CJM), Patna City
CJM Patliputra
CJM Danapur
E-filing available via Patna High Court e-filing 3.0 portal

M/s Shakti Trading Company v. State (2025 INSC 346) "Cause of action under Section 138 arises only after the 15-day notice period expires – not at the moment of dishonour."

Why Combine Criminal + Civil Money Recovery in Patna

Criminal Case Advantages

Criminal record threat forces settlement
Up to 2 years imprisonment for drawer
Fine up to double the cheque amount
Strong psychological pressure on defaulter

Parallel Civil Suit Advantages

Recovers amount even if criminal case fails on technicality
No issue of double jeopardy
Interest + costs recovered additionally
Faster via summary suit route

Commercial Division, Patna High Court – High-Value Money Recovery

Commercial Courts Act, 2015 · Patna High Court Original Side

⚡ 6–12 Months

Commercial disputes with a specified value exceeding ₹3 lakh arising from trade, banking, financing, or agency must be filed before the Commercial Division of Patna High Court – not regular civil courts. This provides a significantly faster path to money recovery in Patna for high-value matters.

Procedural Advantages over Regular Civil Court

📅

Case Management HearingsCourt sets strict timelines for all pleadings – no indefinite delays.

🚫

Limited AdjournmentsMaximum 3 adjournments per side – defendants cannot stall indefinitely.

⚡

Summary JudgmentCourt can decide without full trial if no genuine triable issue exists.

📋

Order XXXVII AvailableSummary suit procedure fully applicable – confirmed by Supreme Court 2025.

ℹ️

Jurisdiction Guide: ₹3 Lakh–₹1 Crore → Commercial Court at District level in Patna. Above ₹1 Crore → Commercial Division, Patna High Court Original Side.

Regular Civil Suit (Order VII CPC) – Last Resort Money Recovery

Civil Procedure Code, 1908 · Patna Civil Court

⏳ 5–10 Years

If your money recovery situation in Patna does not qualify for any special mechanism – typically because the debt is genuinely disputed or unliquidated – you must file a regular money suit under Order VII CPC. This is the avenue of last resort.

Standard Procedure (9 Stages)

Plaint Filing
With ad valorem court fees (approx. 5–10% of claim amount under Bihar Court Fees Act).
Summons to Defendant
Defendant gets 30 days to file written statement. Multiple extension applications are common.
Replication
Plaintiff files reply to written statement (replication/rejoinder).
Framing of Issues
Court identifies the disputed legal and factual questions for trial.
Plaintiff's Evidence
Examination-in-chief, cross-examination, re-examination of witnesses.
Defendant's Evidence
Defence witnesses; opportunity for cross-examination.
Final Arguments
Written and oral submissions from both sides.
Judgment and Decree
Court pronounces judgment; decree is drawn up.
Execution
Separate execution proceedings (another 1–2 years if appealed).

⚠️

Our advice: Always exhaust Summary Suit, DRT, Section 138 NI Act, or SARFAESI before resorting to a regular civil suit. A regular suit for money recovery in Patna can easily take 10 years and cost more than the recovery.

Mechanism	Court / Tribunal	Court Fee (Approx.)	Advocate Fee (Est.)	Timeline
Order XXXVII Summary Suit	Patna Civil Court / Commercial Division	~5% of claim	₹15,000 – ₹50,000	3–6 Months
DRT Patna OA	DRT Patna	₹12,000 – ₹1,50,000 (slab)	₹25,000 – ₹1,00,000	6–18 Months
SARFAESI Enforcement	No court initially (DM + DRT if challenged)	Nil for bank	Negotiated	4–8 Months
Section 138 Complaint	CJM Patna	₹500 – ₹2,000	₹10,000 – ₹30,000	6–12 Months
Commercial Suit	Commercial Division, Patna HC	~5% of claim	₹30,000 – ₹1,50,000	6–12 Months
Regular Civil Suit	Civil Judge, Patna	5–10% ad valorem	₹50,000 – ₹2,00,000+	5–10 Years

Mistake	Consequence	How to Avoid
Filing ₹30 lakh bank debt in Civil Court	Dismissed – no jurisdiction (RDB Act, Sec. 18)	Bank/NBFC debts >₹20 lakhs must go to DRT Patna
Summary suit for genuinely disputed debt	Converted to regular suit – loses all speed advantages	Verify liability is admitted in writing before filing
Missing 10-day appearance deadline (defendant)	Automatic decree passed against you	Engage a lawyer immediately upon receiving summons
Missing 30-day NI Act complaint window	Permanent bar to criminal case	Set reminders – file within 30 days after 15-day notice expires
Skipping Section 13(2) notice before SARFAESI possession	Entire enforcement declared void	Use standardised format; obtain proof of service
Filing after 3 years from cause of action	Time-barred permanently – no recovery possible	File immediately; limitation runs from default date
Filing writ petition instead of Section 17 DRT application	Patna High Court dismisses writ – no writ when DRT remedy exists	Always exhaust DRT statutory remedy first

Money Recovery in Patna 2026: Complete Legal Guide to DRT, SARFAESI,Summary Suit & Cheque Bounce

Money Recovery Mechanisms in Patna – Quick Comparison

Detailed Guide to Every Money Recovery Mechanism in Patna

Order XXXVII Summary Suit – Fastest Money Recovery in Patna

✅ When You CAN File

❌ When You CANNOT File

Two-Stage Summons Process (Strict Deadlines)

Leave to Defend – The Critical Battle

Where to File for Money Recovery in Patna

DRT Patna & SARFAESI – Bank and NBFC Money Recovery in Patna

📍 DRT Patna Location

SARFAESI Enforcement – Mandatory Step-by-Step Process

DRT Patna Filing Fees

Borrower's Rights – Section 17 Challenge

DRAT Appeal – Pre-Deposit Requirement

Section 138 NI Act – Cheque Bounce Money Recovery in Patna

Strict Timeline – Non-Negotiable Deadlines

Where to File Cheque Bounce Cases in Patna

Why Combine Criminal + Civil Money Recovery in Patna

Criminal Case Advantages

Parallel Civil Suit Advantages

Commercial Division, Patna High Court – High-Value Money Recovery

Procedural Advantages over Regular Civil Court

Regular Civil Suit (Order VII CPC) – Last Resort Money Recovery

Standard Procedure (9 Stages)

Not Sure Which Money Recovery Path is Right for You?

Filing Procedures for Money Recovery in Patna – All Courts

Order XXXVII Summary Suit

DRT Patna Original Application

Section 138 NI Act – CJM Patna

Required Documents for Money Recovery in Patna – Complete Checklist

Summary Suit / Civil Suit

DRT / SARFAESI Cases

Section 138 NI Act – Cheque Bounce

Costs, Fees & Timelines for Money Recovery in Patna

Common Mistakes That Kill Money Recovery Cases in Patna

Key Patna High Court & Supreme Court Rulings on Money Recovery in Patna

How Sugam Legal Handles Money Recovery in Patna – End to End

For Creditors & Lenders

Legal Notice Drafting

Forum Selection Advisory

Summary Suit Filing (Order XXXVII)

DRT Patna Representation

SARFAESI Enforcement

Section 138 – Cheque Bounce

Decree Execution

Commercial Court Litigation

For Borrowers & Defendants

Defence Strategy

Section 17 SARFAESI Application

Leave to Defend in Summary Suit

DRT / DRAT Appeals

Money Recovery in Patna – Answers to Your Top Questions

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Money Recovery in Patna 2026:
Complete Legal Guide to DRT, SARFAESI,
Summary Suit & Cheque Bounce