EVIDENCE BY WAY OF AFFIDAVIT OF THE PLAINTIFF

Date: X-X-20XX

SPEED POST/WHATSAPP

XXXX

At - XXXXXXXXXX

Mob: XXXX

XXXX

At:- XXXXXXXXXX

Mob-XXXX

LEGAL NOTICE

Under instruction and on behalf of my client XXXX through its Director XXXX , having its registered office at XXXXXXXXX. I, hereby serve you with the following legal notice in the succeeding paragraphs.

1. That my client carrying its business under the name and style “XXXX” at the above-mentioned address and my client is dealing its business in the denim jeans fabric etc.

2. That the noticee having your office at the above mentioned address and you the noticee approached my client on several occasions for purchasing denim jeans fabrics, the details for last invoices where goods supplied through Challan No.XX, Date:-X/X/XX, Due Date: X/X/XX, delivered to one XXXX (Mob:- XXXX) situated at XXXXXXX, and the same was delivered though vehicle number XXXX.

Again goods were delivered to you the noticee and the details are following:-

a. Challan No. XX, Date: X.X.20XX, Order No.: XX, Due Date: X/X/20XX and the goods were delivered to XXXX on X.X.20XX at situated at XXXXX (Mob: XXXX) situated at XXXX and the same was delivered.

1. That against your valid and confirmed orders, my client supplied, Grade-fresh fabrics to you the noticee from time to time on credit basis as you have running credit account in the account books of my client operated in due course of business and the details of all the bills and payments received & outstanding as follows:-.

1. That my client supplied the fabrics and the goods were acknowledged by you the notices and as per my client’s ledger from XXXX to XXXX, there is an outstanding of Rs. XXXX, which is outstanding as per the ledger of my client.

2. That my client requested you the notices several times through telephonic communications and by sending personal messenger to your office for release of the said outstanding payment of Rs. XXXXX but you have always been dilly delaying the same on one pretext or the other and so far have not paid the outstanding amount.

3. That in spite of acknowledging the legal liability of payment of principal balance of Rs. XXXXX, you have been miserably failed to make payment of the said amount, hence you are liable to pay the said outstanding amount Rs. XXXX along with interest @ XX% Per Anum from the date of due till actual realization of the said outstanding.

4. That you the noticees thus legally liable to pay the amount in question mention above and also liable to pay outstanding amount i.e. Rs. XXXX along with XX% interest to my client and legally liable to be prosecuted with Civil & Criminal cases, since you the noticees not paying the legally recoverable amount of my client without any just and sufficient reasons.

5. That you the noticees have in fact committed a forgery, gross breach of trust and contract with my client as is also apparent from your conduct that you have been wrongly and malafidely withholding the said legally recoverable amount/dues, which you promised and assured to pay to my client and further the false and frivolous promises made by you the noticees to my client.

6. That the said intentional and wilful breach of the contract by you the noticees with guilty motive and the same also amount to Criminal breach of trust, cheating and fraud with my client and also wrongfully withholding and enjoying the due and outstanding amount payable to my client, which also amounts to serious Criminal offences and my client also reserves its right to take appropriate Civil and Criminal proceedings against you the noticees.

7. That you the noticees are directed to clear your liability within fifteen days from the receipt of this legal notice otherwise my client shall be compelled to take legal actions under sections 406/419/420 of Indian Penal Code against you before the competent court of law, which provides that the person committing the offence shall be punished with imprisonment for a term, which may extend to two years or with fine, you shall be liable to pay all the costs of litigation incurred by my client for that forced litigation, for which I have clear instructions from my client.

I, therefore, through this legal Notice finally call upon you to pay to my client Rs. XXXXX along with future interest @XX% p.a. from the receiving the notice till actual realization of the said amount, together with notice fee of Rs. XXXX to my client either in cash or by demand draft or Cheque, whichever mode suits you better, within 15 days from the date of receipt of this notice, failing which, my client has given me clear instructions to file Civil as well as Criminal proceedings for recovery and other Miscellaneous proceedings against you in the competent court of law and in that event you shall be fully responsible for the samefor all costs and consequences.

A copy of this legal notice has been retained in my office for further use and reference.

      (XXXXXXXXXXXXXXXXX)

      ADVOCATE