• Recovery of dues from company

My trust signed an agreement with a Delhi company to procure financing for CSR projects. Under the agreement, the company was obliged to procure the financing within 240 working days or to return the advance fees that we had paid. The 240 working days is about to be over and we would like to send a demand note to the company asking for the money to be refunded. I need a draft of the demand note to be prepared. 
A generic draft would do. I can modify/fill in details myself. Or I can upload the agreement
Asked 7 days ago in Business Law

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9 Answers

You should engage a lawyer to issue a legal notice to the company to refund The advance  money paid. 


2) the legal notice. The demand note depends upon the facts of each case. There is no generic draft

 

Ajay Sethi
Advocate, Mumbai
97223 Answers
7850 Consultations

As there is a breach on part of the other company, You can send them a legal demand notice, asking them to repay the entire amount along with Interest and compensation. 

You can contact any lawyer from this portal to draft the demand notice for you

Siddharth Jain
Advocate, New Delhi
6386 Answers
102 Consultations

You need to get the drafting work done by lawyer through sending him the details. Genrio draft may spoil your work 

Prashant Nayak
Advocate, Mumbai
32660 Answers
206 Consultations

Hello,
Legal Notice is the formal notice that always goes from the lawyer letterhead where a reasonable Timeframe, e.g., 7/15 days is given from the date of receipt of this notice. In case of non-compliance, we reserve the right to initiate legal proceedings to recover the amount along with applicable costs and damages.

I understand that addressing legal disputes can be challenging and time-sensitive. As an experienced legal professional, I can assist you in preparing a comprehensive demand notice and ensure proper legal follow-up, should it become necessary. If you would like my help in managing this process and safeguarding your Trust’s interests, feel free to contact me.

Aman Verma
Advocate, Delhi
38 Answers

- You can send a legal notice to the said company for getting refund of the  paid amount. 

- Further, you can engage a lawyer for the drafting of the agreement. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

You need to issue a demand notice of due amount to the company. The  company has to issue a reply within ten days of such notice. When the debtor company makes default in refund of advance paid you need to initiate insolvency proceedings by submitting an application to Adjudicating Authority under Insolvency and Bankruptcy Act, 2016. The  Adjudicating Authority within fourteen days ascertains default of the company. If the  default is genuine, the Adjudicating Authority will commence insolvency proceedings and complete the  same withing 180 days. The  proceedings for recovery of debt from a Company is quite different from that of an private person. The  above procedure is applicable only if the  debt claimed is more than one lakh rupees. For drafting a demand notice complete data is required. You can also file criminal complaint  under Section 447 of Companies Act, 2013 in Economic Offences Court if the amount involved is more than ten lakhs or in the  Court of Magistrate if the  amount is less than ten lakh.

Ravi Shinde
Advocate, Hyderabad
4263 Answers
42 Consultations

There no particular template or generic drafts for issuing the legal demand notice.

You can issue a demand notice based on the conditions of the agreement through your trust chairperson itself if you are well versed with the technical issues for this demand notice otherwise you can engage the services of an advocate either from this website or outside on the terms of the chosen advocate. 

T Kalaiselvan
Advocate, Vellore
87420 Answers
2348 Consultations

Dear Client,

Below is a generic draft of a demand note that you can modify and fill in as per your agreement and details:

Demand Note
Date: [Insert Date]
To

[Name of the Company]
[Address of the Company]
[City, State, PIN]

Subject: Demand for Refund of Advance Fees as per Agreement Dated 
_______________

Dear Sir/Madam,

This 
has reference to the deed of agreement made and entered into by and between [Name of the Trust] ("the Trust") and [Name of the Company] ("the Company") dated [Insert Date], wherein the Company was obligated to arrange for financing for our CSR projects within a fixed period of 240 working days.

As per Clause [Insert Clause] of the agreement, in 
case this obligation is not fulfilled, the Company shall refund the advance fees of ₹[Insert Amount] received from the Trust. We note that the stipulated time frame of 240 working days has elapsed on [Insert Date], and the obligation remains unfulfilled.
Hence, we hereby demand a refund of ₹[Insert Amount] on the due date as per agreement. Process the refund accordingly and credit the same to the bank account of the Trust by way of remittance against the details provided below within [Insert Reasonable Time, e.g., 7 days] after receipt of this demand note.

Bank Account 
Information:
Account Name: [Insert Account Name]
Account Number: [Insert Account Number]
Bank Name: [
Your bank name]
IFSC Code: [
Enter IFSC Code]

Failure to comply with this demand within the 
time period will require us to initiate recovery proceedings through legal means, along with applicable interest and costs, without further notice.

We 
look forward to your prompt cooperation in amicable resolution of this matter.

Yours sincerely,
[Authorized Signatory]
[Name] 
Designation [Name of the Trust] Contact Information

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

To request the refund of the advance payment from the company as per your agreement, you should send them a formal demand letter. In your letter, clearly reference the specific terms of your agreement that obligate the company to refund the payment if they fail to procure the financing within the stipulated 240 working days. Be sure to include the exact dates of the agreement and the deadline by which the financing was to be secured, and state the amount of money to be refunded. Request that the refund be processed by a specific date and mention that failure to comply may result in further actions to recover the amount, potentially including legal proceedings.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you.

Shubham Goyal
Advocate, Delhi
322 Answers

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