Notice by an advocate on behalf of a leasing and financing company for the issue of post dated cheques which on their presentment got dishonoured (Plant and machinery loan)

Updated atMarch 2010

Name: ........................

........................

Office: ........................

........................

Residence: ........................

........................

Date: ........................

Regd. A.D./U.P.C

To

  1. Name ........................(Lessee)

    ..........................................

    ..........................................

  2. Name .........................(Guarantor)

    ..........................................

    ..........................................

    Subject: Dishonour of Cheque

    In Re ..................

    Sir,

    For and on behalf on my client(s) M/s. .......................... (Name and address of the leasing and financing company), I have to serve you with the following legal notice:

  3. That as you know that my client(s) are running the business of leasing and financing of the equipment and motor vehicles.

  4. That you have been getting financed a number of things including the plant and machinery for your business proposes from my client(s) since.......... (give the date of first dealing or the estimated period of relationship) and due to the faith my client(s) reposed in you, they started allowing you the financing of your equipment and motor vehicles (commercial as well as non-commercial) on the basis of issue of post dated cheques with a Bond of Surety from your side to take the guarantee for the payment of installments.

  5. That besides other things for which you have paid for, you got financed the plant and machinery with the following description:

    Invoice No.

    Date of Invoice

    Description

    Amount

  6. That against the above mentioned purchase of financed plant and machinery, you have issued the cheques with the following description:

    Cheque No.

    Date of Cheque

    Amount

    Drawee bank

  7. That out of the cheques issued by you as stated above, the following cheques were presented to the bank as they got matured, which got dishonoured, namely:

    Cheque No.

    Date of Cheque

    Amount

    Endorsement

  8. That above said cheques were issued at the time when you and my client entered into the agreement of lease where it was made to appear to my client that the cheques so issued would not be dishonoured on their due presentment.

  9. That, however, the abovestated cheques were dishonoured on their presentment of which my client(s) got the information on............... (Date) from the bank. However, when my client(s) informed about the same to you personally you requested my client(s) to present again the same cheques after a week''s time. My client(s)...

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