Letter of Non-Fulfilment of Contractual Obligations - Word & PDF Template Form Pro · IN-law

WITHOUT PREJUDICE

________

________

CIN/Registration No.: ________

Attention: ________ (________)

Date: ________

Mode of dispatch: ________ (Reference/Tracking No.: ________)

To:

________

________

CIN/Registration No.: ________

Attention: ________ (________)

RE: NOTICE OF DEFAULT AND DEMAND FOR REMEDY OF BREACH OF CONTRACTUAL OBLIGATIONS UNDER THE ________ DATED ________

Dear Sir/Madam,

§ 1. Introduction and Parties. We write with reference to the ________ dated ________ (the “Contract”), executed by and between ________ (hereinafter referred to as “We/Us/Our”) and ________ (hereinafter referred to as “You/Your”). This communication is issued in our capacity as the aggrieved party under the Contract and is to be read in conjunction with the provisions of the Indian Contract Act, 1872.

§ 2. Subject Matter of the Contract. The Contract dated ________ governs, inter alia, the following obligations, transactions and deliverables:

________

§ 3. The Default. Notwithstanding our prior communications and the reasonable opportunities afforded to You, We note with serious concern that You have failed to perform and have breached Your obligations under the Contract in the following manner:

________

§ 4. Provisions Breached. By reason of the matters set out in § 3 above, You are in breach of the following clause(s)/section(s) of the Contract: ________. The said breach goes to the root of the Contract and constitutes a material breach within the meaning of Sections 39, 51, 53 and 55 of the Indian Contract Act, 1872.

§ 5. Particulars of the Obligations Not Fulfilled. The specific contractual obligations which remain unperformed and/or unfulfilled by You are as follows: ________. The failure to perform the said obligations within the time stipulated under the Contract amounts to a material breach entitling Us to the remedies hereinafter set out and as available under law.

§ 6. Supporting Documents. A true copy of the Contract together with copies of the supporting documents evidencing the aforesaid breach is enclosed herewith and forms part of this Notice for Your ready reference.

§ 7. Demand and Opportunity to Cure. We hereby call upon You to remedy and cure the aforesaid breach, and to fully perform and discharge Your outstanding obligations under the Contract, within a period of ________ (________) days from the date of receipt of this Notice, failing which We shall be constrained to treat the Contract as repudiated by You.

§ 8. Monetary Demand. Without prejudice to the foregoing, You shall pay to Us a sum of Rs. ________ (Rupees ________ only) towards the loss and damage occasioned to Us by reason of the said breach, within a period of ________ (________) days from the date of receipt of this Notice, together with interest thereon at the rate of ________% per annum until realisation.

§ 9. Reservation of Rights and Remedies. Please take notice that in the event of Your failure to comply with the demands set out in § 7 and § 8 above within the time stipulated, We reserve the right, without further notice, to:

1. terminate the Contract in accordance with its terms and applicable law;
2. claim compensation for loss and damage under Sections 73 and 74 of the Indian Contract Act, 1872, together with all costs and consequential losses;
3. seek specific performance, injunctive relief or other equitable remedies under the Specific Relief Act, 1963;
4. invoke the dispute resolution mechanism set out in the Contract; and
5. initiate such civil and/or other legal proceedings before the appropriate forum as We may be advised, entirely at Your risk as to costs and consequences.

§ 10. Dispute Resolution and Jurisdiction. Any dispute, controversy or claim arising out of or in connection with the Contract and/or this Notice shall be resolved in accordance with the dispute resolution clause of the Contract, including reference to arbitration under the Arbitration and Conciliation Act, 1996 (seat of arbitration: ________), where applicable. Subject thereto, the Courts at ________ shall have exclusive jurisdiction, and this Notice and the Contract shall be governed by and construed in accordance with the laws of India.

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Yours faithfully,

For and on behalf of ________

___________________

________ (________)

Encl.: As above.