Combined Notice under section 106 of the Railways Act 1989 and section 80 of the Code of Civil Procedure 1908
Re: Payment for goods sold and delivered.
Please take notice that my client AB residing at ……………. will institute a suit against the Union of India owning and administering the aforesaid Railway in a Court of competent jurisdiction after expiry of two months after service of this notice under section 106 of the Railways Act 1989 and section 80 of the Code of Civil Procedure for reliefs and on causes of action described in the draft plaint annexed hereto unless the reliefs claimed are granted to my client by the said Railway within the said period of two months.
The relevant facts justifying my client’s claim and constituting cause of action of the proposed suit and reliefs thereunder are given in short hereinbelow.
On or about …………… at your request my client sold and delivered to you 100 reams of foolscap paper, 100 bottles of black writing ink 1000 pieces of lead pencils and 100 boxes of carbon papers for a total sum of Rs. …………. You have duly received the said goods and signed challans and appropriated the said goods. My clients raised bills which you received and you did not complain either about the goods or the said bills but delayed payment on some pretext or other.
In spite of several demands made by my client, you have not paid the said sum or any portion thereof though you promised from time to time to pay the same.
My client hereby demands the said sum of Rs. ………….. with interest at 15% per annum from the date of submission of the bills till payment by you to my client.
Please note that unless payment is received within a period of 65 days from date of receipt of this notice, I have instructions to file suit against you for recovery of the claim of my client without any further notice to you and in that event you shall be held responsible for costs and consequences thereof.