A Nepali business can recover money from an Indian party through a legal notice, a cheque case under section 138 of the Negotiable Instruments Act, a commercial summary suit under Order XXXVII CPC, insolvency proceedings against a company, or arbitration. A Nepali judgment cannot be executed directly in India, so it is usually better to bring proceedings in India.
- Document route
- Nepali notary, Ministry of Foreign Affairs attestation, then Indian Embassy attestation
- Time difference
- IST is 15 minutes behind Nepal all year
- Cheque cases
- Section 138, NI Act 1881
- Civil suit
- Order XXXVII CPC
Money Recovery from India from Nepal: how it works
We start with the invoices, delivery challans, ledger confirmations and any cheques, and send a legal notice setting out the debt and a short deadline. Where a cheque has bounced, we send the statutory notice within 30 days of the bank memo and file the complaint if payment is not made within 15 days.
For larger documented debts, we file a commercial summary suit, after pre-institution mediation where required. Where the debtor is a company with an admitted debt above the threshold, insolvency proceedings can bring it to the table quickly. We report progress by WhatsApp and arrange for the recovered money to be remitted through banking channels.
What clients in Nepal should know
- Keep written confirmation of balances from the buyer; it strengthens a summary suit.
- Cheque cases are strictly time-bound, so share the bank memo immediately.
- Interest can be claimed if the invoices or contract provide for it.
Step by step from Nepal
Video consultation
A call at a time that suits Nepal, after we have read your documents.
Documents signed in Nepal
Nepali notary, Ministry of Foreign Affairs attestation, then Indian Embassy attestation
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Nepal where needed.
The full guide
This page covers what changes when you are in Nepal. For the law, the documents and the step-by-step procedure, read our main page on Money Recovery from India, or see all services for clients in Nepal and the Disputes & Enforcement practice area.
Questions from clients in Nepal
Can a Nepali company file a cheque bounce case in India?
Yes, as the payee, through an authorised representative.
How long does a summary suit take?
Faster than an ordinary suit, often a year or two, depending on the court.
Can we settle during the case?
Yes. Many recovery cases end in a settlement, which we record in court.