LEGAL NOTICE U/S. 138 & 142 OF THE NEGOTIABLE INSTRUMENT ACT ON ACCOUNT OF DISHONOUR OF A CHEQUE RELATING TO PAYMENT OF LEASE RENT DUE TO BE PAID PURSUANT TO A LEASE DEED
LEGAL NOTICE U/S. 138 & 142 OF THE NEGOTIABLE INSTRUMENT ACT ON ACCOUNT OF DISHONOUR OF A CHEQUE RELATING TO PAYMENT OF LEASE RENT DUE TO BE PAID PURSUANT TO A LEASE DEED.
Regd. A.D/Speed Post/ Courier
Dated: …………
(1) M/s. ________________________ … Addressee No._
Regd. Office: ___________________
(Through its _____________________)
(2) Mr. ___________________ … Addressee No._
M/s. __________________________.
Regd. Office: ___________________
(3) Mr._________________ … Addressee No._
R/o___________________________
(4) Mr. ___________________ … Addressee No._
R/o_________________________
LEGAL NOTICE ON BEHALF OF MY CLIENT MISS _____________ , D/O. SHRI ______________________________
On behalf of and under instructions of my Client Miss ___________, D/o. Shri ____________, resident of __________, __________, I serve upon you the Addressee No.__, Addressee No.__, Addressee No.__ and Addressee No.___, the following Legal Notice:-
1. That my Client is the rightful and legal owner of the Unit Nos. __ & __ having a super built up area of ____Sq. Ft. on the ____ Floor , Tower-__ of the commercial building named “_____” situated at _________along with all rights, titles, entitlements, easements, privileges, etc. of the said building, (hereinafter called “The Demised Premises”).
2. That you the Addressee No.____ through the Addressee No.___ & Addressee No.____ approached my Client to grant on lease to the Addressee No._____, the Demised Premises for a period of ____ years w.e.f. _________ to _________ on a monthly lease rent calculated at the rate of Rs.__/- (Rupees _______________ Only) Per Sq Ft i.e. Rs._________/- (Rupees _________ Only) per month. That in addition to the lease rent, the Addressee No.______ also agreed to pay to my Client prevailing Service Tax or any such similar tax(s), as are applicable, on the lease rent of Rs._________/- (Rupees _________ Only) per month.
3. That thereafter my Client executed a Lease Deed dated _____ with the Addressee No._____, through its Authorized Signatory, Mr. _________ (the Addressee No.________ herein). That on behalf of my Client, the Lease Deed was signed by the father of my Client, Shri _______, son of Late _________, resident of _____________, who has been authorized by my Client vide General Power of Attorney dated _________, and on behalf of the Addressee No._______ the Lease Deed was signed by the Addressee No.________ being Authorized Signatory of Addressee No.______ vide Board Resolution dated _________.
4. That Clause No. _____________________ of the Lease Deed reads as under:-
CLAUSE No.___. LEASE RENT:
That in consideration of the rent herein agreed and payable by the LESSEE, the LESSOR hereby grant on lease unto the LESSEE unrestricted and uninterrupted right to use the Unit No. ________ having a super built up area of ________ Sq. Ft. on the ___ Floor , Tower-__ of the commercial building named “________” situated at ______________, ______, together with the use of the common areas (hereinafter collectively referred to as “The Demised Premises”) for a lease period of Nine years (hereinafter “the Lease Term”).
That the LESSEE shall pay to the LESSOR during the First three years of the Lease Term i.e. ____ of _________ to _____ of ______________, a monthly lease rent calculated at the rate of Rs._____/- ( Rupees _________ Only ) Per Sq Ft i.e. Rs. ______/- (Rupees _____________ Only) per month. In addition to this the LESSEE shall also pay prevailing Service Tax or any such similar tax(s), if applicable, on this lease rent. plus prevailing service tax or any such similar tax(s), if applicable, hereinafter collectively referred to as the “the Lease Rent”. The Lease Rent shall commence from the __ of __________ and shall be paid monthly in advance, on or before the ___ day of the beginning of each month.
In addition to the Lease rent, the LESSEE shall pay for all maintenance/services charges for the leased portion directly to the Maintenance Agency or such charges as demanded by the said Maintenance Agency from time to time. The LESSEE is also liable for the service tax as applicable on the maintenance charges mentioned above which is also to be paid directly to the maintenance agency.
All payments made by the LESSEE under this Lease shall be by Account Payee Cheque(s) drawn on a bank in _______ or _______ of ________ in favor of the LESSOR and shall be subject to deduction of tax at source, if any. The LESSEE shall deliver the tax deduction certificates to the LESSOR in due course of time as per law.
That the LESSEE has also agreed to pay to the LESSO, an Interest Free Refundable Security Deposit equivalent _____ months rent amounting to Rs.__________/- which has been paid by the LESSEE to the LESSOR at the time of execution of this Lease Deed vide Cheque No._________, dated ________, drawn on Bank of _______ and in favour of ____________ & Cheque No.______, dated ________, drawn on _________ Bank and in favour of _________, the receipt whereof the LESSOR doth hereby acknowledges and confirms. No interest shall be payable on the said Interest Free Security Deposit.
That the LESSEE has issued and handed over to the LESSOR at the time of execution of this Lease Deed, __ post dated cheques towards rent for the period _____ to ______ and the LESSEE undertakes to handover to the LESSEE _ post dated cheques for __ months every year after the utilization of the __ post dated cheques already given for the earlier __ months period .
CLAUSE No.__. DURATION AND LOCK-IN PERIOD:
That this Deed shall commence on _____ and shall expire after Five Years i.e. _____ to ___________.
The agreement and rent shall commence from _______ This agreement shall continue to be in force and binding between the parties for a period of Five Years& (hereinafter referred to as a “The Term”). There shall be an increase in the monthly Lease Rent by _____% on the last lease rent paid after the end of 1st 36 months of the Term.
To clarify point no _____ as above, the lease rents will be as hereunder:
That the lock-in period is the duration of three Years from the commencement of the Lease, (i.e. from _____ to ______) during which period, the LESSEE will not have any right to terminate the Lease. In case the LESSEE desires to vacate the Demised Premises prior to the expiry of the lock-in period of Three Years or earlier termination of this lease, the LESSEE shall pay to the LESSOR the Lease Rent along with maintenance charges and other charges for the unexpired lock-in period. Subject to the LESSEE complying with all the terms and conditions to be observed, performed and fulfilled as mentioned herein and forth in the Lease, the LESSOR will not have the right to terminate to the Lease during the said lock-in-period.
That if the LESSEE intends to vacate the Demised Premises after the above said lock-in-period of Two years, the LESSEE shall give a _____ months prior written notice to the LESSOR or Two months lease rent along with maintenance charges and other charges due to be paid for this period of two months in lieu thereof.
That if the Lease Rent payable by the LESSEE to the LESSOR under this Lease shall be in arrears and unpaid for a period of two months after the same has become due (whether formally demanded or not) the LESSOR shall give a written notice to the LESSEE to remedy such material default and upon failure of the LESSEE to cure the default within _____ (___) days of the date of the notice, then the LESSOR shall have the right to terminate this Lease. The LESSEE shall be liable to pay interest @____% per annum on any amount which may have become overdue from the date it became due.
That at the time of expiry/ earlier termination of this Lease, the LESSEE shall hand over to the LESSOR vacant& Fully Furnished, peaceful possession of the Demised Premises. That upon termination of the Lease and/or upon expiry of the lease term, if the LESSEE fails to vacate the Demised Premises and hand over peaceful possession thereof to the LESSOR, in that event, from the date of termination and/or expiry of the lease term, the LESSEE shall be deemed to be a trespasser and/or unauthorized occupant of the Demised Premises and shall be liable to pay damages @ Rs. _________/- per day besides the above mentioned monthly lease rent, for use and occupation of the Demised Premises as an unauthorized occupant during such period.
CLAUSE No.___. SECURITY DEPOSIT:
3.1 That the LESSEE has paid to the LESSOR Interest Free Refundable Security Deposit of Rs.________/- (Rupees ____________________ Only), equivalent to Lease Rent for ____ (__) months, which has been paid as per the following details:
the receipt whereof the LESSOR hereby admit and acknowledge.
That the total amount of Security Deposit shall be refunded by the LESSOR to the LESSEE, without any interest, at the time of the LESSEE handing over Fully Furnished vacant and peaceful physical possession of the Demised Premises to the LESSOR, after adjusting arrears of rent and other outstanding amounts/dues including maintenance charges, electricity, water or any other dues if any.
That in case the LESSOR fail to refund the Security Deposit as stipulated in Clause __:
The LESSOR shall pay to the LESSEE interest on the unpaid Security Deposit @ ____% per annum from the date it became due till the date on which it is actually refunded by the LESSOR to the LESSEE.
The LESSEE shall occupy or continue to occupy the Demised Premises, free of any rent till the Security Deposit has been received from the LESSOR; and the consent of the LESSOR shall be deemed in the matter hereof
5. That in respect of the Lease Rent payable for the month of _______, the Addressee No.1 issued/handed over to my Client Cheque No______ dated ______ for Rs.______/- drawn on _________________ & in favour of “____________” towards payment of the lease rent for the month of ____________________ as per details given hereunder :-
Monthly Rent - Rs._________/-
Add: Service Tax - Rs. ________/-
Total - Rs.-________/-
6. That the aforesaid Cheque No. ______ dated ______ for Rs.______/- drawn on ______________ was deposited by my Client with its Banker, the ____________ on _________ for credit to her Account No.____________ with _________________. However, the said Cheque No. ______ dated ______ for Rs.______/- drawn on ____________, when presented for clearing was dishonoured by _______ and the banker of my Client i.e. ___________, informed my Client vide Return Memo Report No._______/_____ /__ dated ___ sent to my Client, that the above cheque has been dishonoured with the reason “__________”.
7. That the aforesaid Cheque No. ______ dated ______ for Rs.______/- drawn on __________ was presented by my Client abovenamed during the period of its validity.
8. That the aforesaid Cheque was issued from the Bank Account No.___________ of ___________ of the Addressee No._______, & the Cheque was signed by the Addressee No.______ and that the day to day working & state of affairs of the Addressee No.________, are being actively controlled & managed by the Addressee No._____, Addressee No._____, & Addressee No._________ jointly as well as severally, as it was the Addressee No._____ who signed and executed the Lease Deed dated __ with my Client, and it was Addressee No.____ (who is the Director of the Addressee No.______) who signed the aforesaid Cheque No. ______ dated ______ for Rs.______/- drawn on _________ which was dishonored & the Addressee No.______ is also the Director of Addressee No.1 who is actively involved in the working control & management of State of Affairs of the Addressee No._____ alongwith Addressee No._____ & Addressee No._______.
9. That you, the addressee No.___ through Addressee No.____, with the knowledge of the Addressee No.2 and Addressee No._______ have issued the above Cheque despite you all having the knowledge that you had no funds in your account and you all had an intent to deceit, cheat and defraud my Client abovenamed. Therefore, you the Addressee No.____, Addressee No._____ alongwith the Addressee No.______ & Addressee No._____, have deceived, defrauded & cheated my Client abovenamed and it seems that you all do not want to pay the amount of Rs.______/- to my Client abovenamed due towards the Lease Rent for the month of ______ payable as per clause ______ of the Lease Deed dated __, and hence your act is dishonest malafide and cheatful and you the Addressee No.__, Addressee No.____, Addressee No._____ & the Addressee No.____ are jointly & severally responsible for the above dishonest, malafide & cheatful acts.
10. Through this Notice, you the Addressee No._____, Addressee No.____, Addressee No.__ & the Addressee No.___ are called upon jointly & severally to pay my Client above named an amount of Rs.______/- towards Rent for the month of _______ alongwith interest calculated @___% per annum from the date of the cheque till the date of payment, within ___ days of the receipt of this Notice, failing which my Client abovenamed shall be compelled to initiate proceedings against you the addressee, under section 138 & 141 of the Negotiable Instrument Act and get you the Addressee No.___, Addressee No.___, Addressee No.__ & the Addressee No.____ punished as per law and my Client shall also avail other civil/criminal remedies in respect thereto as per law, if required, and you the Addressee No.___, Addressee No.____, Addressee No._____ & the Addressee No.______ shall jointly and severally be held liable for all the costs and expenses incurred in this connection. You the addressee shall also be liable to bear the costs of these proceedings.
11. Take Notice Accordingly.
(__________ )
Advocate
Note : A copy of this Legal Notice is retained in my Chamber for future necessary action if any.
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