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Legal Notice for invoking Arbitration clause

Format of legal notice to invoke arbitration clause as per section 11 of Arbitration and Reconciliation Act.

SPEED POST/REGISTERED AD/COURIER

Date:_________________

LEGAL NOTICE

To
Mr. __________________
______________________
______________________

Sir,

Under instructions from and on behalf of my client Mr._____________, R/o _____________ _____________, I do hereby serve you with the following legal notice:-

1. That you have have signed agreement dated ________with my client to do construction work of a boundary wall as per the terms/conditions in said contract.

2. That last date for completing construction of the boundary wall was on ______.

3. That my client contacted you many times to complete the work in time. But you have not yet completed construction of boundary wall till date.

4. That my client has paid you an advance of Rs. ___________ as per the contract. Despite this, you are delaying the matter inordinately. Time being essence of the contract, you have not followed the time schedule.

5. That some part of the boundary wall you have constructed and consented for joint inspections were seen has defective.

6. That despite requests you have neglected in completing the work. Due to contravention of this agreement we have suffered losses and these losses are continuing suffering each day. Our huge investment stands blocked. We have to pay interest to our Banker for the finance got in making payment to you.

7. As Per clause No _____of said contract, there exist an agreement for referring the controversies by Arbitration to Mr. ________________, Advocate.

8. As per enactments of section 11 of Arbitration and Conciliation Act 1996 we hereby serve you notice for approving the selection of Mr. _____________, Advocate, being Sole Arbitrator in the matter of differences and controversies which have emerge between the parties herein and the same be referred for adjudication to him.

9. The said controversies are, inter alias, the following:

(a) Whether the construction of the boundary wall is as per the contract dated ________ ?

(b) Whether the boundary wall has been constructed according to specification with terms/conditions of the contract?

(c) Whether the contractor has handed over completed boundary wall?

(d) Whether we have incurred any loss/damages owing to breach of the terms/conditions of the contract by you?

(e) What is the damage with indemnification which we get from the contractor?

10. Please give your concurrence within 10 days of receipt of this letter.

Copy of this notice has been retained in my office for further appropriate action.
 

__________Advocate

 

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