Legal Notice: ST TH
Legal Notice: ST TH
XXXXXX
To,
My Client:
Sir,
Under the instructions from above named client, through its authorized representative I
address you as follows:
1. That, on 19.09.2018 you entered a Contract of Engagement with my client for
conducting pre selection process and recommendation of candidates, by virtue of the
said duly signed Contract of Engagement, you are legally bound by all the Terms &
Conditions.
2. That, as per the terms of engagement, the payments should be made by you to my
client within 45 days of the date of raising the invoice.
4. That, several mails have been send to your good office requesting payment of the above
mentioned amount. Several whats app messages have also been exchanged regarding
the due payment between my client and your good office.
5. That, vide mail dated 17th July 2019 you have directed your concerned officials to
process the invoice of Rs XXXXXXX The said mail and other trail mails and What’s app
conversations are evidently showing admission of the said due amount.
6. That, even after several requests the legally due payment has not been released to my
client till date.
7. That, on 7th August 2019 my client received a mail from your good office. To our
surprise the said mail on one hand admitted the righteous payment of Rs XXXXXX
towards recommendation of XXXXX, on the other hand the mail alleged ‘Criminal
Intimidation’ under section 503 of Indian Penal Code.
8. That, the above mentioned mail is a clear threat to my client with a malafide motive to
avoid the legally due payment to my client.
9. That, a strong mail asking for legally due professional fees can never fall within the four
corners of Section 503 of Indian Penal Code. A better interpretation of Section 503 of
Indian Penal Code is suggested to your good office, as Criminal Intimidation is
to cause that person to do any act which he is not legally bound to do, or to omit to do
any act which that person is legally entitled to do.
10. That, we find no tone and tenor in your false allegations and facts of the case, as my
client has demanded righteous payment from you.
11. That, your office even went to the extent of lodging a concocted and false complaint
against my client inXXXXXXXX, as a result of the same my client was called several
times by the Police officials of the concerned Police Station.
12. That, you have tried to abuse the process of law causing huge mental agony to my
client, in addition to financial loss due to stop over of legally due amount of Rs
XXXXXX-.
Now in light of the above facts and circumstance it is said and claimed on behalf of my
Client that your acts and continuing misconduct tantamount to abuse of process of
criminal law and/or threatening to implicate my client in criminal case so as to avoid
the legally due payment against the invoice raised on 1st May 2019.
Now, therefore we call upon you for abuse of process of criminal law and breach of
terms of engagement causing mental agony and financial loss to my client.
Now, therefore we call upon you to give a reply to this legal notice within 10 days of
receiving of this notice.
Inaction from your side to this ‘Legal Notice’ will be considered as your admission to all
the above mentioned Misconducts and my client will be bound to initiate Legal Process
against you in appropriate Courts and Forums at your cost.
This notice is served without prejudice to my client’s rights and contentions.
Your’s Sincerely