DRAFTING LEGAL NOTICE

What is a legal notice?

A legal notice is formal written correspondence between both the parties. The sender shall,

by means of a legal notice, notify the recipient of his intention to engage in litigation against

the accused/defendant. A legal notice also assists in making the recipient notified of the

sender's disputes. If he doesn't want a legal battle, it serves as a last notification to the

recipient to satisfy a certain requirement.

A legal notice is essentially a prerequisite for a party to have proper knowledge of the legal

processes concerning its rights and responsibilities or obligations. In many other terms, it is a

means to use a structure based by the courts to educate persons or entities about an event. All

of the facts and concerns raised in the request must include a legal notice sent to an

Accused/defendant. It is to notify the defendant of whatever he is alleged of and a fair

information is available to him the accused) to reply; to tell the court whether he agrees or

disagrees with the evidence found therein. A legal notice is very important although with the

simple receipt of a legal notice, the real problem or conflict is solved in most situations. The

magic of a Legal Notice is like that. An individual describes his problems to an Advocate

with his complaint.

The basic purpose of sending a Legal Notice is to remind the receiver about his acts which

knowingly or unknowingly have created a problem for an Advocates client. A legal Notice is

also a key, to file a case in the Honourable Courts. It is compulsory to send a Legal Notice

upon to the receiver. Once a Legal Notice is served, the receiver will get a time frame of

thirty days to respond to the Legal Notice he has received. The time frame will start from the

date the Legal Notice was sent. Only after the expiry of such period of thirty days, can a

person with grievance file a Civil Suit against the receiver of the Legal Notice.

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The person sending the notice is called the sender and the person to whom the notice is sent is

called the addressee. A notice gives the addressee the opportunity to present his side of the

story in a friendly manner without resorting to court. A notice is served only if it is delivered

or refused by the addressee.

It is used in a wide variety of situations:

 It is used in Property disputes such as partition, eviction or issues relating to

possession of the property, rent dispute between landlord and tenant, removal of tenant

by landlords etc.

 In Consumer Redressal cases at Consumer courts, for example faulty product or

service is provided to a person he or she can send a legal notice to the concerned

person and ask him to rectify the deficiencies.

 Loan Defaulters cases, where the financial organisations such as Bank send legal

notice to the defaulters to initiate legal action. Under the Securitisation and

Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002

(SARFAESI Act), the debt recovery proceedings begin by sending a legal notice to the

defaulters.

 Legal notices are commonly used in Cheque Dishonour cases. Cases under the

Negotiable Instruments Act: In case of dishonour of cheque, the aggrieved can send a

legal notice for recovery of payment.

 Cases related to recovery of money at personal/individual level. The first step in

money recovery cases is sending a legal notice to the concerned person.

 It is a tool to save time and cost of litigation as it opens the door for the parties to settle

the matter through negotiation, mediation or arbitration.

Filing a legal notice

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  A legal notice can be filed and drafted by the person himself or he can avail the services

of a lawyer.

 If a person avails services of a lawyer for drafting the notice, then the notice should be

typed on the lawyer’s letterhead.

 A legal notice should contain all the material facts of the case. It should have the

recipient’s name and address. The legal notice can be sent by the person himself or his

lawyer.

 In the legal notice, the cause of action for filing the suit must be mentioned. It should

also state all previous communications regarding the cause of action.

 The aggrieved party should give a reasonable time to the recipient to settle the matter.

The matter can be resolved by:

1. Addressing the grievances of the aggrieved party, or

2. Negotiating on the matter, or

3. Performance of the desired action by recipient.

 ·The notice is sent through Registered Advocate’s post. A copy of the notice is kept

by the sender or by his lawyer.

Small yet Signiant pointer to be kept in mind

 The whole process of sending a Legal Notice through Registered Post/ Courier can

take around 5-7 working days.

 English is the generally accepted language of sending a Legal Notice in India.

 No documents or annexures are required to be sent along with the Legal Notice to the

other party.

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  It is not mandatory to reply to a Legal Notice, but it is always advisable to reply

appropriately after consulting with an advocate. His writing skills and use of legal

language can create an impact on the receiver.

 The Supreme Court of India has recognized the Legal Notices sent through

WhatsApp, Telegram, E-mail, or Fax. The two blue ticks on WhatsApp signify the

receipt of the notice. The Bombay High Court, in the matter of SBI Cards (P) Ltd. Vs.

Rohit Jadhav, observed that if a person received a Legal Notice on WhatsApp and he

has opened it; it will be deemed that the Legal Notice is served upon him.

 If the sender is aware of the recipient’s alternative address, it must also be mentioned

on the notice to ensure that the notice reaches him.

 There is no set format of a Legal Notice. It depends on the drafting skills and

command on the laws and language of the advocate.

 Where the notice is sent pursuant to a breach of a contract, it should be sent to the

address mentioned under the ‘Notices’ clause of the contract.

 The mode of dispatch (electronic or physical) must also be compliant with the

provisions of the contract between the parties.

 The advocate’s fee to draft a Legal Notice can be as low as Rs. 1000 and can even

run into several lakhs depending upon the complexity involved in the matter.

Importance of Filling a Legal Notice

 Certain situations may arise where you get confused about how to initiate legal action

in order to resolve your matter. The filing of a legal notice gives a new beginning to

your journey of litigation. Therefore it has various aspects in which it is important:

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  By sending legal notice it can give a clear intention on the part of the sender to file a

lawsuit for the purpose of resolving the issue to which the other party might respond

immediately to save oneself from court proceedings.

 A person can easily describe his grievance in a legal notice with the help of an

Advocate.

 Serving legal notice gives an opportunity to the receiver of the legal notice, that is, the

opposite party to resolve the issue cordially.

 It acts as a reminder for the receiver of the legal notice about the acts that have

intentionally or unintentionally created a problem for the sender.

Procedure to File Legal Notice

 You can draft the notice yourself or avail the services of a lawyer.

 The notice should be addressed to the person against whom you have the grievances.

 Mention the cause that compelled you to send the notice.

 Mention previous communications regarding the cause of notice.

 Offer the addressee a reasonable time say 30 days or 60 days to settle the matter by

negotiating and by performing the desired action.

 Give time in notice for either fulfilment of your demand or giving reply

 Sent it through a Registered AD post.

 Keep a copy of receipt from the post office as well as notice.

 You can personally send the legal notice without a lawyer but it is advised that draft

the notice meticulously, in such a way that it is not lengthy and contains all the

material contents related to the cause.

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  Though every Legal-Notice can be legally sent through a person himself also– but on

the basis of experience ii is advisable that technical legal notice be drafted by a

lawyer.

Another important thing is the DRAFTING OF THE NOTICE

Many times we do not know the legal importance and meaning of the usual words which we

use in a casual manner — So when you are writing down the legal-notice than you should be

extremely careful about each and every word that you use and be cautious about not

admitting any fact which you may later on want to deny in court of law as once the legal

notice is dispatched than you cannot make any changes in that and later on also you cannot

make any contradictory statement from what you have already stated in a legal notice.

Replying to Legal Notice

Although it’s not mandatory, yet it’s always advisable to reply APPROPRIATELY to a Legal

Notice, citing the relevant clauses of applicable Laws. “No Reply to a Legal Notice” can be

an added advantage to the opposite side, if it opts to proceeds to the court. The consequences

for non-replying is not an offence under law, but if replied in a fitting manner, there are

chances of putting an end on the future filing of vexatious cases. The reply should be given

within the time stipulated in the legal notice sent by the other party. But in case it could not

be replied due to the circumstances beyond your control and if there is any inordinate delay in

replying, the compelling reasons may be briefly stated to avoid any misconception in the

minds of the other party. If a reply is not sent for a legal notice, the other side may use it as an

advantage to them while drafting the petition and put blame on you for not complying with

the requirements of notice which has become the root cause for filing the case. The reply to

the legal notice is generally welcomed by the Courts however for not replying to a legal

notice will not automatically pave way for an ex parte decree, since the importance of a legal

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notice would end as soon as the Court proceeding starts. Only when you don’t appear in a

case despite serving summons on you, shall the Court pass an ex parte order/decree.

LEGAL NOTICE

Date: 06/11/2020

To,

M/S. Silk India

F10/4 Gali No. 6/4 3rd Floor Jamia Nagar.

Delhi- 110025

Subject: Legal Notice under Section 138 of the Negotiable Instruments Act

Dear Sir,

We are writing on behalf of Mr. Ram (hereinafter referred as our client). We do

hereby serve you with the following Legal Notice:-

1. That our client is a respectable citizen of India and having a business under the
name of M/S. Cotton India, address of Flat No. 203, Gupta Residency, street
No. 5, Kn No 1095/1, Kapashera, South West Delhi- 110037.

2. That against your request, our client gave to you Rs. 7,00,000 in lieu of a
cheque dated 12/07/2020 for due course of your business. Later, the said
cheque was dishonored which resulted as a huge loss to our client. That our
client has a witness who was present when the amount was delivered to you.
Also, it will lead to complaint under section 138 of the NI, Act.

138. Dishonour of cheque for insufficiency, etc., of

funds in the account. —Where any cheque drawn by a
person on an account maintained by him with a banker
for payment of any amount of money to another person
from out of that account for the discharge, in whole or
in part, of any debt or other liability, is returned by the
bank unpaid, either because of the amount of money
standing to the credit of that account is insufficient to

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 honour the cheque or that it exceeds the amount
arranged to be paid from that account by an agreement
made with that bank, such person shall be deemed to
have committed an offence and shall, without prejudice
to any other provisions of this Act, be punished with
imprisonment for 19 [a term which may be extended to
two years], or with fine which may extend to twice the
amount of the cheque, or with both: Provided that
nothing contained in this section shall apply unless—

(a) the cheque has been presented to the bank within a

period of six months from the date on which it is drawn
or within the period of its validity, whichever is earlier;

(b) the payee or the holder in due course of the cheque,

as the case may be, makes a demand for the payment of
the said amount of money by giving a notice in writing,
to the drawer of the cheque, 20 [within thirty days] of
the receipt of information by him from the bank
regarding the return of the cheque as unpaid; and

(c) the drawer of such cheque fails to make the payment

of the said amount of money to the payee or, as the case
may be, to the holder in due course of the cheque,
within fifteen days of the receipt of the said notice.

3. That against your request, my client having good faith gave you the requisite
amount of Rs.7,00,000/- but he was unaware of your dishonest intention to
defraud my client. Due to which my client faced financial losses and
disrespect in the public. You are in violation of the trust that you have
dishonestly discharged willfully due to which my client has incurred damages.
Your act clearly brings it under the ambit of “Criminal Breach of Trust”.

“405. Criminal breach of trust.—Whoever, being in any

manner entrusted with property, or with any dominion

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 over property, dishonestly misappropriates or converts
to his own use that property, or dishonestly uses or
disposes of that property in violation of any direction of
law prescribing the mode in which such trust is to be
discharged, or of any legal contract, express or implied,
which he has made touching the discharge of such trust,
or wilfully suffers any other person so to do, commits
“criminal breach of trust”.

4. As per substantive proof available with us you are also accused of dishonest
misappropriation of money. This act of yours itself imposes you to various
provisions contained in Indian Penal Code, 1860.

“403. Dishonest misappropriation of property.—

Whoever dishonestly mis-appropriates or converts to
his own use any movable property, shall be punished
with imprisonment of either description for a term
which may extend to two years, or with fine, or with
both.”

5. Such reckless and deliberate failure on your part in discharging your legal and
contractual duties has caused irreparable harm and damage to my client. You
could be charged under Section 420 IPC:

“420. Cheating and dishonestly inducing delivery of

property.—Whoever cheats and thereby dishonestly
induces the person de-ceived to deliver any property to
any person, or to make, alter or destroy the whole or
any part of a valuable security, or anything which is
signed or sealed, and which is capable of being
converted into a valuable security, shall be punished
with imprisonment of either description for a term
which may extend to seven years, and shall also be
liable to fine.”

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 6. That inspite of acknowledging the liability of payment of principal balance of
Rs.7,00,000/- you have been miserably failed to make payment of the said
amount due to my client from you deliberately with malafide intent, hence you
are liable to pay the said balance amount of Rs.7,00,000/- alongwith interest
@15% P.A. from the date of due till actual realization.

7. That my client requested you several times through telephonic message and by
sending personal messenger to your office for release of the said outstanding
payment, but you have always been duly 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.

8. I, therefore, through this Notice finally call upon you to pay to my client Rs.
7,00,000/-. along with future interest @ 15 % p.a. from the date of notice till
actual realization of the said amount, together with notice fee of Rs. 10000/- to
our client either in cash or by demand draft or Cheque which ever mode suits
you better, within clear 30 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
lawsuit 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
same.

9. This letter is without prejudice to the rights and remedies available to our
client, whether under the law of contract, The Negotiable Instruments Act,
1881, Torts, Code of Civil Procedure, Indian Penal Code, Indian Constitution
and all of the legal remedies present to protect our client rights are reserved to
our client.

From Kumar & Associates

Adv. Arjun Singh
Delhi High Court
Email: [email protected]

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 REPLY TO LEGAL NOTICE

Date: 12/11/2020

To,

Kumar & Associates

Chamber No.***, Delhi Bar Association, Delhi High Court, Delhi- 110025

Ref: Your legal notice dated 06/11/2020 issued on behalf of your client M/S.
Cotton India having its registered office at Flat No. 203, Gupta Residency,
street No. 5, Kn No 1095/1, Kapashera, South West Delhi- 110037.

Subject: Reply to Your Legal Notice dated 06/11/2020

Dear Sir,

We have been handed over your legal notice dated 06/11/2020, which was
issued from your good office to our client namely M/S. Silk India having its
registered office at F10/4 Gali No. 6/4 3rd Floor Jamia Nagar, Delhi-110025.

PRELIMINARY SUBMISSIONS/OBJECTIONS:

1. At the outset, we have instructions to state that your client has not
apprised you the correct facts which resulted into issuance of this
frivolous notice. It appears that your client has deliberately
misrepresented the true facts and concealed the misdeeds and wrong
done against our client. It is further stated that averments made against
our client in the subject notice are wrong, frivolous and misconceived,
hence they are denied.

2. That the true facts pertaining to the present matter may be noted. Your
client approached our client to discuss future strategies because both
the parties were into same business to which our client denies and in
context of revenge your client is trying to defame our client by sending
wrong notice. Also, it will lead to complaint under section 499 of IPC.

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 499. Defamation.—Whoever, by words either spoken
or intended to be read, or by signs or by visible
representations, makes or publishes any imputation
concerning any person intending to harm, or knowing
or having reason to believe that such imputation will
harm, the reputation of such person, is said, except in
the cases hereinafter expected, to defame that person.
Explanation 1.—It may amount to defamation to
impute anything to a deceased person, if the
imputation would harm the reputation of that person
if living, and is intended to be hurtful to the feelings of
his family or other near relatives. Explanation 2.—It
may amount to defamation to make an imputation
concerning a company or an association or collection
of persons as such. Explanation 3.—An imputation in
the form of an alternative or expressed ironically, may
amount to defamation. Explanation 4.—No imputation
is said to harm a person’s reputation, unless that
imputation directly or indirectly, in the estimation of
others, lowers the moral or intellectual character of
that person, or lowers the character of that person in
respect of his caste or of his calling, or lowers the
credit of that person, or causes it to be believed that
the body of that person is in a loathsome state, or in a
state generally considered as disgraceful.

3. That our client was in a habit to keep his cheque book at house with
some amount of cheque signed. On 01/10/2020, the cheque book of
our client was stolen in lieu of which our client had filed a F.I.R. on the
same day.

4. That our client had also mentioned the cheque number’s on which his
signatures were made. All the record has been made available to the
police. Our client had the record of all these evidences. Your client has

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 no where mentioned the cheque number; this shows the wrong
intention of your client.

5. That our client never had dishonest intention to defraud your client.
Also, your client’s act leads to complaint under section 378 of IPC.

378. Theft.—Whoever, intending to take dishonestly

any moveable property out of the possession of any
person without that person’s consent, moves that
property in order to such taking, is said to commit
theft. Explanation 1.—A thing so long as it is
attached to the earth, not being movable property, is
not the subject of theft; but it becomes capable of
being the subject of theft as soon as it is severed
from the earth. Explanation 2.—A moving effected
by the same act which affects the severance may be
a theft. Explanation 3.—A person is said to cause a
thing to move by removing an obstacle which
prevented it from moving or by separating it from
any other thing, as well as by actually moving it.
Explanation 4.—A person, who by any means
causes an animal to move, is said to move that
animal, and to move everything which, in
consequence of the motion so caused, is moved by
that animal. Explanation 5.—The consent mentioned
in the definition may be express or implied, and may
be given either by the person in possession, or by
any person having for that purpose authority either
express or implied.

At the outset, it is pertinent to mention here that your client has concealed the
material facts from you thus, has misused your good office for getting this
false and frivolous notice issued against our client. Moreover, our client also,

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at the outset, denies each and every averment made by your client in the
notice.

Therefore, you are requested to call upon your client to withdraw the above
legal notice against our client henceforth, falling which our client will be
constrained to initiate the appropriate legal proceeding and also defend if need
arises at the cost and consequences of your client.

For _____________________

Advocates

AFFIDAVIT

An Affidavit is an oath, declare to be true and one should present before a Magistrate or an
authorize officer. It is in a written statement, used to prove the truthfulness of a statement in
court.

Format of an Affidavit

I, ———————–S/o———————Daughter of ——————-, aged around ———-

years, resident of ——————–, do hereby solemnly affirm and declare as under:

1. That my name as per the records is —————-(XYZ).

2.That I have changed my name as _________ on (date of change of name).

3.At present all the records have my new name _________.

4. I am getting a public notice published to this effect in the Newspaper.

5. Also, I state that (earlier name), and the (present name) is the name of the same
person, and that is myself.

I am executing this declaration to be submitted to the concerned authorities for the change of
name.

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I hereby state that whatever is stated hereinabove is true to the best of my knowledge.

Solemnly affirmed at ________ )

On this ____ day of ______ 20 ) (Signature of the Applicant).

Deponent

VERIFICATION:

Verified on this day—————–at ———————that the contents of the affidavit are true
and correct, nothing material has been concealed and no part of it is false.

Deponent.

The person who prepares an affidavit declares that the content mentioned in the affidavit is true and
accurate, and nothing has been concealed or misstated.

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