Legal notice for recovery of outstanding payment for supplied goods
Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.
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Date: Notice date
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Advocate's name
At – Advocate's address
Mob: Advocate's mobile number
Addressee noticee's name
At – Noticee's address
Mob – Noticee's mobile number
LEGAL NOTICE
Under instructions from and on behalf of my client, Client company's name, through its Director, Client's director's name, having its registered office at Client's registered office address, I hereby serve upon you the following legal notice:
1.That my client carries on business under the name and style of “Client's trade name” at the above-mentioned address, and is engaged in the business of dealing in denim jeans fabric and similar goods.
2.That you, the noticee, carry on business at the above-mentioned address, and on several occasions you approached my client for the purchase of denim jeans fabrics. The details of the last invoices, pursuant to which the goods were supplied through Challan No. First challan number, dated First challan date, due date First delivery due date, are as follows. The said goods were delivered to one First delivery recipient's name (Mob: First delivery recipient's mobile number) situated at First delivery address, through vehicle No. First delivery vehicle number.
| S. No. | Description | Roll No. | Total meters | Pcs | Rate per meter | Amount (in ₹) |
|---|---|---|---|---|---|---|
| 1. | First consignment item description | First item roll number | First item total meters | First item pieces | First item rate per meter | First item amount (₹) |
| 2. | First consignment item description | Second item roll number | Second item total meters | Second item pieces | Second item rate per meter | Second item amount (₹) |
| 3. | First consignment item description | Third item roll number | Third item total meters | Third item pieces | Third item rate per meter | Third item amount (₹) |
| 4. | First consignment item description | Fourth item roll number | Fourth item total meters | Fourth item pieces | Fourth item rate per meter | Fourth item amount (₹) |
| 5. | First consignment item description | Fifth item roll number | Fifth item total meters | Fifth item pieces | Fifth item rate per meter | Fifth item amount (₹) |
| 6. | First consignment item description | Sixth item roll number | Sixth item total meters | Sixth item pieces | Sixth item rate per meter | Sixth item amount (₹) |
| 7. | First consignment item description | Seventh item roll number | Seventh item total meters | Seventh item pieces | Seventh item rate per meter | Seventh item amount (₹) |
| 8. | First consignment item description | Eighth item roll number | Eighth item total meters | Eighth item pieces | Eighth item rate per meter | Eighth item amount (₹) |
| Total roll number | Total pieces | Total meters | Total rate per meter | Total amount of first consignment (₹) |
| Cartage | Cartage charges for first consignment (₹) |
| Total | Grand total meters | Grand total amount of first consignment (₹) |
Again, goods were delivered to you, the noticee, and the details are as follows:
(a)Challan No. Second challan number, dated Second challan date, Order No. Second order number, due date Second delivery due date. The goods were delivered on Second delivery date to Second delivery recipient's name, situated at Second delivery recipient's address (Mob: Second delivery recipient's mobile number), at Second delivery address, and the same were duly delivered.
| S. No. | Description | Roll No. | Total meters | Pcs | Rate per meter | Amount (in ₹) |
|---|---|---|---|---|---|---|
| 1. | Second consignment item description | Second table first roll number | Second table first total meters | Second table first pieces | Second table first rate per meter | Second table first amount (₹) |
| 2. | Second consignment item description | Second table second roll number | Second table second total meters | Second table second pieces | Second table second rate per meter | Second table second amount (₹) |
| 3. | Second consignment item description | Second table third roll number | Second table third total meters | Second table third pieces | Second table third rate per meter | Second table third amount (₹) |
| 4. | Second consignment item description | Second table fourth roll number | Second table fourth total meters | Second table fourth pieces | Second table fourth rate per meter | Second table fourth amount (₹) |
| Cartage | Cartage charges for second consignment (₹) |
| TOTAL (4) | Second table total meters | Second table total amount (₹) |
3.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 were enjoying a running credit account in the account books of my client maintained in the due course of business. The details of all the bills, payments received and amounts outstanding are as follows:
| S. No. | DATE | MODE OF PAYMENT | AMOUNT RECEIVED (in ₹) |
|---|---|---|---|
| 1. | First payment date | CASH | First payment amount (₹) |
| 2. | Second payment date | CASH | Second payment amount (₹) |
| 3. | Third payment date | CASH | Third payment amount (₹) |
| 4. | Fourth payment date | CASH | Fourth payment amount (₹) |
| 5. | Fifth payment date | CASH | Fifth payment amount (₹) |
| 6. | Sixth payment date | CASH | Sixth payment amount (₹) |
| 7. | Seventh payment date | CASH | Seventh payment amount (₹) |
| 8. | Eighth payment date | BANK | Eighth payment amount (₹) |
| 9. | Ninth payment date | CASH | Ninth payment amount (₹) |
| 10. | Tenth payment date | CASH | Tenth payment amount (₹) |
4.That my client supplied the fabrics, and the said goods were duly acknowledged and received by you, the noticee. As per the ledger of my client for the period from Ledger start date to Ledger end date, an amount of ₹ Outstanding amount (₹) remains outstanding and payable.
5.That my client requested you, the noticee, on several occasions, through telephonic communications and by sending personal messengers to your office, for the release of the said outstanding payment of ₹ Outstanding amount (₹). However, you have consistently delayed the payment on one pretext or another, and till date the outstanding amount has not been paid.
6.That in spite of acknowledging your legal liability for payment of the principal balance of ₹ Principal balance outstanding (₹), you have miserably failed to make payment of the said amount. You are therefore liable to pay the said outstanding amount of ₹ Outstanding amount (₹) together with interest at the rate of Rate of interest (% per annum)% per annum from the date of its falling due till the actual realisation of the said outstanding amount.
7.That you, the noticee, are thus legally liable to pay the amount in question mentioned above, and also liable to pay the outstanding amount of ₹ Outstanding amount (₹) along with interest at Rate of interest (% per annum)% per annum to my client, and are further legally liable to be proceeded against by way of civil as well as criminal proceedings, since you have failed to pay the legally recoverable amount of my client without any just and sufficient reason.
8.That you, the noticee, have in fact committed forgery and a gross breach of trust and breach of contract with my client, as is also apparent from your conduct in wrongly and malafidely withholding the said legally recoverable amount/dues, which you had promised and assured to pay to my client, and in making false and frivolous promises to my client.
9.That the said intentional and wilful breach of contract by you, the noticee, with a guilty motive, also amounts to criminal breach of trust, cheating and fraud with my client, and your wrongful withholding and enjoyment of the due and outstanding amount payable to my client amounts to serious criminal offences. My client reserves its right to take appropriate civil and criminal proceedings against you, the noticee.
10.That you, the noticee, are directed to clear your liability within fifteen days from the receipt of this legal notice, failing which my client shall be compelled to take legal action against you under Sections 406/419/420 of the Indian Penal Code 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, and you shall also be liable to pay all costs of litigation incurred by my client in 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 a sum of ₹ Amount demanded in notice (₹), along with future interest at the rate of Future interest rate (% per annum)% per annum from the date of receipt of this notice till the actual realisation of the said amount, together with notice fee of ₹ Notice fee (₹), either in cash or by demand draft or cheque, whichever mode suits you, 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 all costs and consequences thereof.
A copy of this legal notice has been retained in my office for further use and reference.
(Advocate's name)
ADVOCATE