Ref. No.: Date: DD-MM-YYYY
REGISTERED POST WITH A/D
To,
INDIAN SUPER DHABA
FARHAN AHMAD
Ground Floor, Room No. 50, Dirang Main Market, Yewang Village, West Komang, Sonitpur, Assam – 790101
SUBJECT: Legal Notice for Recovery of Money, Contract Breach and Liability of Rs. 1,58,373/- against the goods supplied.
Dear Sir,
Under instructions and behalf of my client Mr. Bishu Agarwal R/O VR Road, Subhash Nagar, Sonitpur, Assam – 784001, I hereby serve upon you with the following Legal Notice of Demand for Rs. 1,58,373/- (One Lakh Fifty Eight Thousand Three Hundered and Seventy Three Only/-) along with compounded interest.
- That my client has supplied you noticee the goods as per your order as and when you demanded on various occasions. Account Ledger and Bill details for the reference are enclosed as “Annexure A (Colly)”.
- That, my client has been making efforts to contact you and in return you noticee have been making false representations and giving false assurance to my client that you noticee(s) will clear the dues owed to my client.
- That my client has concluded that you noticee have some ulterior motive to the effect that you are not sincere in making the payment of the amount owed to my client. You noticee by making false representation, causing wrongful loss to my client and wrongful gain to yourself.
- That you are liable under new criminal laws “BHARTIYA NYAYA SANHITA, 2023”, for Cheating.
318. (1) Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat. - That you can be sued under Civil Procedure Code (CPC) Order XXXVII : SUMMARY PROCEDURE
(2) Subject to the provisions of sub-rule (1), the Order applies to the following classes of suits, namely:— (a) suits upon bills of exchange, hundies and promissory notes; (b) suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising,— (i) on a written contract, or (ii) on an enactment, where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or (iii) on a guarantee, where the claim against the principal is in respect of a debt or liquidated demand only.] - That you noticee is liable and can be sued as per section 73 of the Indian Contract Act, 1872, which says
73. Compensation for loss or damage caused by breach of contract.—When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it. - That, my client has suffered huge financial losses by the failure of you noticee in making the outstanding payment owed to my client.
Now thereby through this legal notice, you noticee(s) are hereby called upon to pay the amount of Rs. 1,58,373/- (One Lakh Fifty Eight Thousand Three Hundered and Seventy Three Only/-) within 10 days from the receipt of this notice failing to which, I have clear instructions from my client to initiate appropriate legal proceedings against you in the competent court of Law with the future interest @24% P.A. from the date of the notice till actual realisation of the said amount, along with Notice Fees of Rs. 30,000/- to my client through DD Cheque/NEFT/RTGS whichever mode suits you better.
This is without prejudice to all other legal rights and remedies available to our client for the above stated purpose.
Please take this notice as a FINAL OPPORTUNITY to settle the outstanding payment within the stipulated time frame.
Copy of this legal notice is kept in record for further legal proceedings, if any, required in this matter.
Through,
Advocate Name
Advocate
