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Satyamev Jayate (media)     02 September 2010

Response time for notice between parties

Hi,

If the parties in dispute are A and B.

 

A sends notice to B say on day 1 to return the money as a contract was breached.

B replies to A on day 10 saying that A has to pay penalties at say X% instead and money would not be returned as B thinks A failed to honor the contract. B does not specify how soon the response is to be given.

A consults a lot of people, lawyers etc and takes nearly 45 days to respond, and responds on day 55 (45 days after receiving the response from B) saying that A still disagrees, and the contract must be cancelled.

Now is there a law that says that if a response does not come back in certain number of days (in this case from A who took a long time going through all legal angles) then whatever the other party has sent is to be accepted?

Is there a default time period like 15 days or so for disputes or disagreements of property purchase?

Thanks,

SJ.

 

 

 

 

 

 

 



 12 Replies

Adv Archana Deshmukh (Practicing Advocate)     02 September 2010

There is no fixed period prescribed by law to answer a legal notice. However it is always proper to give reply to a legal notice as early as possible.

1 Like

Satyamev Jayate (media)     02 September 2010

Adv Archana - thank you for your response.

Devajyoti Barman (Advocate)     05 September 2010

Yes Ms Archana is right. In any case the reply to any notice is not mandatory and in certain circumstances it proves to be counter productive sepecially at the time of trial.

Deekshitulu.V.S.R (B.Sc, B.L)     07 September 2010

Mere non giving of reply  to a notice cannot be considered as admission of facts mentioned in the notice

shyam pareek (advocate)     05 October 2010

everynotice when give the party certaion time period mention the notice .when mention period laps you can take forward step.

shyam pareek (advocate)     05 October 2010

notice is not mandatory in any case. some law like 138 of n.i.act notice is mandatory and u should mention 15 days in notice.

kranthi (retainer advocate)     06 October 2010

i agree with above my friends

Jitesh (Proprietor)     24 November 2012

Hi Friends, does the answer and your views around this question remains same OR have things chnaged in 2 years?

 

surjit singh (Assistant)     24 November 2012

Generally a time limit is mentioned in the notice, but in any case the time limit should be a reasonable one which is generally  three to six months, when not mentioned.

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