a man written an affidavit on Rs.100/- NJ Stamp paper to join in daily work by taking Rs.100000/- if he doesn't come to work promised that he would pay ₹100000/- with 2 rupees interest. But he did not stand on his affidavit.he did not come to duty and not paid one ruppes too.
can he approach the court to enforce affidavit like promissory note or agreement.
Yes, but with challanges, You can file a civil suit under Section 37 of the Specific Relief Act, 1963 (for enforcement of contracts). Treat the affidavit as evidence of a loan agreement rather than a promissory note, to avoid strict NI Act.
The affidavit is on a ₹100 non-judicial (NJ) stamp paper, which is typically for affidavits or declarations. For a promissory note or loan agreement involving ₹1,00,000, the required stamp duty is higher
Even 100/- NJ is seemed understamped.
First, Send him a Legal Notice and demand repayment + interest within 15-30 days (under ICA Section 73 for breach).
Second, Arrange bank statements transaction, witnesses to the transaction/work promise.
Third, Pay stamp deficit (Necessary)
Fourth, File Suit under Section 37 of the Specific Relief Act, 1963 (for enfrcement of contract)
Regards
Advocate Zahir Ulla Khan
