Ref. No. Dated: DD-MM-YYYY
LEGAL NOTICE – BREACH OF CONTRACT & NON PAYMENT OF DUES.
To,
Karnaval and Co.
125, South Ex, Delhi
New Delhi – 100056
Suite No. 255, NCONE
Noida, UP – 201009
Sir,
Pursuant to the instructions from and on behalf of our client(s) ABC Systems Pvt. Ltd., through its Legal representative, I do hereby serve you with the following Legal Notice: –
1- That my client is a Media firm under the name and style of ABC Systems Pvt. Ltd..
2- That you (the noticee) and ABC Systems Pvt. Ltd. (my client) engaged in the business of Media and entered into a continous association/agreement regarding third party ads.
3- That, According to the agreement, the payment cycle that was communicated to you was 45 days but it has been 1 year since payment of our client has been pending.
4- That, on behalf of our client, we hereby call upon you to release the pending payment of Approx Rs. 7,39,833/- of our client at the earliest.
5- That, According to the agreement while entering into the business partnership, it was committed at your end that you would provide the business of Pvt. Ltd. companies with committed business of approx Rs. 7-8 Lakhs per month, which is not kept and as a result my client have incurred huge revenue loss.
6- That, As per our client, you have also tried to communicate that cheque is kept signed but you will not give cheque which is breach of contract and also comes under denial/refusal of payment and a direct threat.
7- That, As per our client, you have been sent many reminders but of no use.
8- That, As per our client, it has never been committed that you (the Noticee) will have Monopoly over the ads distribution and also no commitment has been done regarding Territorial Monopoly.
9- That, As per our client, they were not getting any business from your end on the commitment of 7-8 lakhs per month business from your end, following which they are left with no other options but to explore the possible business partnerships or through the means of direct marketing from where they can get the business and which should not be an issue at your end.
10- Also, As per our client, there have been misrepresentation of their company at your end following which reputation and revenue of the company has suffered.
11- That in spite of acknowledging the liability of payment of the principal balance of Approx Rs. 7,39,833/- you have miserably failed to make payment of the said amount due to my client from you deliberately with mala fide intent. Hence, you are liable to pay the said principal balance amount of approx Rs. 7,39,833/- within next 7 days failing to which you will be held liable for the Principal amount along with interest @ 18 % p.a. from the date of due till the actual realisation of the said sum, as is generally and customarily prevailing in the trade usages.
12- That our client requested you several times through telephonic messages and by sending a personal messenger to your office for the release of the said outstanding payment, but you have always been dilly delaying the same on one pretext or the other and so far have not paid even a single paisa out of the said outstanding undisputed amount.
I, therefore, through this Notice finally call upon you to pay our client approx Rs. 7,39,833/- with immediate effect within 7 days, failing which my client has given me clear instructions to file suit for recovery and other Misc. proceedings against you in the competent court of law and in that event, you shall be fully responsible for the same.
A copy of this notice has been preserved in my office for record and future course of action.
Through
Advocate
