Before filing a commercial suit in India, it is often necessary to send a legal notice to the opposite party, especially when required by law or when it may help resolve the dispute without litigation.
Key points:
Purpose of the legal notice: It informs the opposite party about the dispute, states the legal claims, and provides an opportunity to resolve the matter before court proceedings begin.
Contents of the notice: A commercial legal notice should generally include:
Details of the parties involved
Facts giving rise to the dispute
Nature of the breach or default
Legal basis of the claim
Relief sought, such as payment of dues, performance of contractual obligations, or compensation
A reasonable time period to comply with the demands
Supporting documents: Attach or refer to relevant documents such as contracts, invoices, purchase orders, correspondence, payment records, or other evidence supporting the claim.
Commercial disputes: In certain commercial disputes, parties may also be required to undergo pre-institution mediation under the applicable law before filing a suit, unless urgent interim relief is sought.
Legal drafting: It is advisable to have the notice drafted by a lawyer to ensure that it accurately sets out the legal claims and complies with applicable legal requirements.
If there is no response: If the recipient fails to comply or respond satisfactorily within the specified time, the aggrieved party may proceed with filing a commercial suit before the appropriate commercial court.
