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Krishnaiah Krishnsiah   30 November 2021


Dear experts, 

Can't we file an acknowledgement regarding a balance amount to be paid by s person. 

A person digging bore wells and accordingly and person who got bore well and paid some amount and given an acknowledgement for the balance and did not for which can't we file a suit for recovery of the balance amount in the honorable court?

Kinldly advice on this?

Thanq in advance. 

 6 Replies

G.L.N. Prasad (Retired employee.)     30 November 2021

First issue a legal notice under CP Act stating the contractual terms, advance given, and work not completed and demand for performance of a contract within 15days, and depending on the reply, you can proceed further

M V Gupta (Advocate)     30 November 2021

Unfortunately, you have not stated the facts clearly. What I make out is that a person had dug bore well and received part payment for which an acknowledgement has been issued. But the person who got the bore well did not pay the balance amount. If this is correct, then you have to issue notice calling for the balance amount clearly stating that if the amount is not paid within the time mentioned in the notice, you will be constrained to file suit for recovery of the amount with interest at the rate specified in the notice. Better get the notice drafted by an advocate.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     30 November 2021

What is the date of the written promise to pay the balance amount?

Krishnaiah Krishnsiah   01 December 2021

Dear experts ,

Notice given,refused and that acknowledgement with in 3 years .

Dr J C Vashista (Lawyer)     01 December 2021

Vague and incomplete facts.

It is better to redraft or consult a local prudent lawyer.

M V Gupta (Advocate)     03 December 2021

Refusal of notice means that the person had knowledge of the contents. You may now proceed to file suit for recovery of the outstanding amount.

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