CEASE AND DESIST NOTICE
(Without Prejudice)
________
________
Email: ________
Mobile: ________
Date: ________
Place: ________
Ref. No.: ________
BY REGISTERED POST A.D. / SPEED POST / EMAIL / HAND DELIVERY
To,
________
________
Email: ________
Dear ________,
Re: Notice to Cease and Desist from Defamatory Acts against ________
This legal notice is addressed to you on behalf of and under instructions from ________ (hereinafter referred to as "my Client"). The contents hereof are stated to be true and correct to the best of my Client's knowledge, information and belief.
§ 1. Background
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________
1.2 The aforesaid statements were first published/communicated by you on or about ________ and have been disseminated through ________.
§ 2. Defamatory Character of the Statements
2.1 The statements made and/or published by you are wholly false, malicious, baseless and defamatory of my Client. They constitute defamation in that they lower my Client in the estimation of right-thinking members of society and expose my Client to hatred, ridicule and contempt.
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2.3 You have made and continue to make these statements with knowledge of their falsity, or in reckless disregard of the truth, and with the deliberate intention of harming, maligning, defaming and damaging the business, professional reputation, personal reputation, character and goodwill of my Client.
§ 3. Harm Suffered by my Client
3.1 As a direct and proximate consequence of your wrongful, annoying and defamatory acts, my Client has suffered, inter alia:
(a) substantial loss and damage to my Client's business;
(b) substantial damage to my Client's professional reputation;
(c) substantial harm to my Client's personal reputation, character and goodwill;
(d) mental agony, emotional distress and harassment.
3.2 My Client quantifies the loss and damage suffered, on a preliminary basis and without prejudice, at ________, reserving the right to claim further amounts.
§ 4. Demand
4.1 You are hereby called upon and required, within ________ days from the date of receipt of this notice, to:
(a) immediately and unconditionally cease and desist from making, publishing, communicating, repeating or circulating any further false, baseless or defamatory statements, imputations or accusations against my Client in any manner whatsoever;
(b) remove and permanently delete all defamatory statements, content, posts and material from the following:
________
(c) publish an unconditional written retraction and apology in the following manner:
________
(d) tender to my Client a sum of ________ towards compensation for the loss, damage and mental agony caused; and
(e) notify me in writing, at the address mentioned above, once the above has been complied with.
§ 5. Consequences of Non-Compliance
5.1 Should you fail and/or neglect to comply with the aforesaid demands within the stipulated period, my Client shall be constrained to initiate appropriate civil and/or criminal proceedings against you, including but not limited to:
(a) a civil suit for damages and a permanent injunction restraining you from the defamatory acts; and
(b) a criminal complaint for the offence of defamation under the Bharatiya Nyaya Sanhita, 2023 and/or the Information Technology Act, 2000,
at your sole risk, cost and consequences, of which kindly take note.
§ 6. Reservation of Rights
6.1 This notice is issued without prejudice to, and in full reservation of, all other rights and remedies available to my Client under applicable law, all of which are expressly reserved.
6.2 Any dispute arising in connection with the subject matter hereof shall be subject to the exclusive jurisdiction of the competent courts at ________, and shall be governed by the laws of India.
6.3 A copy of this notice is retained for record and shall be relied upon in any proceedings that may follow.
Yours faithfully,
___________________
________
Advocate, for and on behalf of ________
Enrolment No.: ________
Address: ________