SAMPLE DRAFT OF LEGAL NOTICE IN CIVIL SUIT FOR RECOVERY OF MONEY

Regd.Ad/UPCTo

Mr. XYZManaging Director M/s XYZ , ……….. (Address No. 1)

Mr. XYZC/o XYZ ADDRESS……… (Address No. 2)

Sub: Legal Notice

Sir,

Under instructions and on behalf of my client M/s XYZ Ltd. situated at, (ADDRESS), I hereby serve you this legal notice as following:

1. That my client is a reputed publisher of various books and you been an agent of my client for sales of the books in your area used to place orders for the books and for that you had been provided credit facility by my client.

2. That you had placed following orders with due acknowledgement of delivery of books at your book shop as per the following:-

DATE BILL NO. AMOUNT TOTAL

-------------------- GRAND TOTAL ----------------------------------------------------

3. That the details of payment made by you till date is as under:-

DATE MODE OF PAYMENT DUES AMOUNT PAID BALANCE

4. That since this was your legitimate duty to pay the remaining outstanding, which comes to a total of Rs. XYZ (Rupees XYZ only) however you are ignoring the reminders and request of my client for payment of the same and desisted yourself to make the payment of the remaining outstanding and also refrained to give any reply for reasons of non payment of the due amount.

5. That with this legal notice you are hereby advised to pay Rs. XYZ (Rupee XYZ only) to my client with in a period of 15 days from the date of receipt of this notice failing which can compel my client to move before the court of law for recovery of the said amount, and in that eventuality you will also be liable to pay interest as well as damages and litigation costs through out.

Thanking you,

Yours etc.

(Advocate )

SAMPLE DRAFT OF CIVIL SUIT FOR RECOVERY OF MONEY

IN THE COURT OF DISTRICT JUDGE : (NAME OF THE CITY)

SUIT NO.

IN RE:

M/S XYZ (WRITE ADDRESS)THROUGH ITS:

PRODUCTION MANAGER MR. XYZ ..PLAINTIFF

VERSUS

SH. XYZ(MENTION ADDRESS) … DEFENDANT

SUIT FOR RECOVERY OF RS. XYZ (WORDS)

VALUATION FOR THE PURPOSE OF COURT FEE & JURIDICATION …………….. OF RS. XYZ COURT FEE AFFIXED……………RS. XYZ

RESPECTUFLLY SHOWETH:

1. That the plaintiff is registered company in corporate under the Indian Companies

Act 1956, having its registered office at (mention the address) and Sh. XYZ is

production manager of the plaintiff company and is competent to file, sign and

verify the present suit on behalf of the company against the defendant and depose

in the matter vide companies board of directors resolution dated ……….

2. That the plaintiff company is a very reputed publisher / distributor of famous

books and magazines like …………………. . (mention the business of your

plaintiff as per your case).

3. That the defendant is the proprietor of ………………… having registered office

at (mentioned address)

4. That the defendant placed orders with the plaintiff company to supply number of

books of different types through their order dated ……… , the order was

excepted by the plaintiff company and the books were dispatched against GR No.

……………. Dated …………….. from (mention city name) to (mentioned city

name) & GR no. ………….. dated ………….. from mention city name) to

mention city name) and the same were received by the defendant with full

satisfaction . ( kindly note this is a sample drafting for publishers of books, you

have to specify the facts of the case as per your matter.)

5. That plaintiff company issued three bills bearing Nos…………… dated………

for Rs……………. No…………… dated……. For Rs…………… & no……

dated…………….. for Rs……………(total Rs……………) for the said books

and requested to make the payment as soon as possible. However the defendant

did not pay the amount as per his assurance given to the plaintiff.

6. That the plaintiff company requested the defendant several times over telephones

and through registered ad. letters dated ………… , ………….. etc. but the

defendant malafidely avoid the request of plaintiff company. However, after

repeated requests and reminders, a demand draft for a sum of Rs. ……………

(out of Rs. ………………) dated ………………. Drawn on (mention bank’s

name ) was sent by the defendant and some books worth Rs. ……………. Were

also returned along with the same through letter dated …………… with the

assurance to pay the balance amount as soon as possible.

7. That the defendant had given assurance to plaintiff company through his letters

dated …………….. and letter dated …………. In respect of the remittance of the

balance payment. But nothing has been done from the side of defendant in this

regard till today.

8. That the plaintiff company made a numerous request through registered a/d

letters, through telephones calls and personally to clear the above bills but the

defendant did not take any action in this regards, ultimately the plaintiff

company sent a registered a/d legal notice make the payment. However, the same

was returned / refused by the defendant.

9. That the defendant has failed to make the payment of the said amount of Rs.

………….to the plaintiff and plaintiff is therefore, entitled to the recover the

same along with interest at the rate of in the 21% p.a. from the date of issuance

of the bills.

10. That the cause of action for the said offer for the suit partly arose in favour of

the plaintiff and against the defendant, when the defendant placed the orders

dated …………… and further it arose on dated …………. when the books were

delivered through the carriers. The causes of the action lastly arose on when the

bills were raised by the plaintiff company and when the letter dated …………….

Returned by the defendant to the plaintiff company promising to make the

payment.

11. That the value of the suit for the purpose of court fee and jurisdiction is Rs.

…….. on which requisite court fee of Rs. ……….. . The plaintiff under takes to

pay the additional court fee as and when direction will be given by this hon’ble

court .

12. That the plaintiff company has its registered office at (mention name of city). The

orders were placed at mention name of the city ) and the books were also

dispatched from (mention name of city) therefore the cause of action has arisen

within the jurisdiction of this hon’ble court and therefore this hon’ble court is

competent to try the present suit.

PRAYER:

(i) It is most respectfully prayed that the decree of Rs. …………… kindly be passed in

favour of the plaintiff and against the defendant, along with the interest @ 21% p.a. from

the date of issuing the bills till realization of the amount and cost of the suit may also be

awarded in favour of the plaintiff company and against the defendant.

(ii) Any other / further relief which this hon’ble court may deem fit and proper for

proper adjudication may kindly be passed in favour of the plaintiff and against the

defendant .

PLACE :

PLAINTIFF

THROUGH:

DATE :

ADVOCATE

VERIFICATION :

I ……………….., production manager of the plaintiff company, do hereby verify on

………….. in (city name) that the contents of para 1 to 8 are correct the best of my

knowledge as per the record basis and para 9 to 10 are as per legal advise given by my

counsel which are believed to be true. Last para is prayer for this hon’ble court.

PLAINTIFF

THROUGH

(ADVOCATE)

SAMPLE DRAFT OF RESOLUTION

Certified true copy of resolution passed at the meeting of the Directors of M/S xyz..

held on ……… at its Registered office.

“Resolved that Shri xyz, Manager of the Company is hereby authorized on behalf of the

Company to institute any civil suit or labour matter under the provisions of I.D. Act &.

other applicable acts. with relevance to the civil suit or labour matter, and to conduct,

defend, compound, compromise, refer to conciliation proceedings, sign and verify

pleadings with plaints, written statement, re-application and any other application and to

file the same in the court or courts as the case may be and to engage lawyers on behalf

the Company, to file appeal, cross objection, affidavits on behalf of the Company.” This

authority is valid upto …………

Certified copy

For (company’s name)

Director