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Oliver (General Manager)     23 September 2011

Mou

I have signed an MOU for Sale of my property on 17th Sep. As part of the MOU, the customer was to pay 1lac while making the MOU, which he paid by cheque, and @ 20 lacs by 22nd Sep and balance after 45 days of submitting the NOC.

   Now the customer is not paying the 20 lacs that was due on 22nd Sep.

In such case can I annul the agreement by sending a lawyer notice that since the customer is not paid, I am cancelling the deal and send back the 1 lac cheque which he has given. Inciddentally I did not deposit  the 1 lac cheque customer gave.



Learning

 1 Replies

K. GOPALAKRISHNAN (ADVOCATE)     07 October 2011

First of all, I advise you to bank the cheque immediately if you have included any forfeiture clause in the MOU, so that you may deduct the amount from the advance. 

Secondly, If the cheque is dishounoured by the other party, you can issue a legal notice under section 138 of the NI Act and thereby take an advantage of termination of the agreement and become free from any hurdles.


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