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CS Charushila Salvi   14 March 2023

Need help_draft of legal notice to return company’s machinery

Dear Lawyers,

Company A had purchased certain machinery from Company B by proper purchase order and invoice.

Company A had given this machinery to Company B for some manufacturing purpose.

Now the desired work is completed and Company A is asking for machinery back by e-mail communication while Company B is deny returning the same.

Now, Company A wants to serve notice on B.

  1. Under which act, Company A can serve the notice?
  2. Does anyone have a draft format of notice?

Your valuable comments will be highly appreciated.


 4 Replies

Real Soul.... (LEGAL)     14 March 2023

If the machinery was purchased then why would the seller company ask for return, you want your schooling questions to be solved here. The purchase order terms and conditions shall apply, and the sale is under Sale of  Goods Act

CS Charushila Salvi   14 March 2023

@Real Soul

I already mentioned that Company A had given this machinery for some purpose and now the purpose is fulfilled. It is obvious Company A will ask the machinery back from other party.

And as far as I know, this is not a schooling question.

T. Kalaiselvan, Advocate (Advocate)     14 March 2023

Is there any agreement between the company A and B to the effect of what you state here?

In the absence of any agreement between them, then there is no proprietory for A to demand return of the machinery which he had already sold to B.

No legal action would be maintainable even if you attempt one in this regard.

You can better consult an advocate in the local with the details and ask for suggestions to move forward in this regard.

1 Like

Real Soul.... (LEGAL)     14 March 2023

Just go through the terms and conditions of the PO and or if there is any agreement that only will govern the transaction.

If there are no such terms and conditions or any agreement then you have to establish the purpose and hiring out the machine for limited time or target and that is certainly difficult to prove without any written document.

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