Unlock Your Website & Software

To: M/s. Gupta Gadgets (Mobile Accessories Shop) / Proprietor / Authorized Representative
Subject: Final Legal Warning regarding non-payment of website development and software service dues — outstanding for more than almost two (2) months from the date of completion and handover of the project.

Whereas the undersigned development team has duly completed and delivered the website and associated software for Gupta Gadgets as per the agreed scope of work; and whereas the said work was accepted and the website was made live; and whereas despite repeated reminders and follow-ups spanning over more than 60 days, Gupta Gadgets has failed and/or refused to remit the outstanding payment:

Now therefore, take notice that your failure to make payment constitutes a clear breach of contract within the meaning of the Indian Contract Act, 1872. The development team is entitled to claim compensation and damages under Sections 73 and 74 of the said Act for losses arising naturally from such breach, including but not limited to loss of business, mental agony, and legal costs. [reference:0][reference:1]

You are further put to notice of the following legal provisions under which remedies may be pursued:

• Indian Contract Act, 1872 — Sections 73 & 74: Compensation for breach of contract; the aggrieved party is entitled to receive reasonable compensation from the party committing the breach, whether or not actual loss is proved. [reference:2][reference:3]
• Limitation Act, 1963: A suit for recovery of money for work done must be filed within three (3) years from the date when the work was done or the cause of action arose. The development team retains the right to initiate recovery proceedings within the statutory limitation period. [reference:4][reference:5]
• MSME Development Act, 2006 — Sections 15 & 16: Where the development team is registered as a Micro or Small Enterprise, the buyer is statutorily obligated to make payment within 45 days. Failure attracts compound interest at three times the bank rate notified by the Reserve Bank of India on the delayed payment. A complaint may also be filed on the MSME Samadhaan Portal. [reference:6][reference:7]
• Insolvency and Bankruptcy Code, 2016 — Section 9: An operational creditor may file an application for initiation of the Corporate Insolvency Resolution Process against a corporate debtor upon expiry of 10 days from the date of delivery of a demand notice. [reference:8]
• Negotiable Instruments Act, 1881 — Section 138: In the event of any cheque issued towards payment being dishonoured, criminal proceedings may be initiated, requiring a statutory notice within 30 days, and punishable with imprisonment up to 2 years and/or fine. [reference:9]
• Copyright Act, 1957 — Sections 55 & 63: The development team retains intellectual property rights and copyright in the website source code, design elements, and software until full payment is received. Unauthorized use, reproduction, or continued operation of the website without clearance of dues constitutes copyright infringement, entitling the owner to remedies by way of injunction and damages, and is also a criminal offence punishable with imprisonment up to 3 years and fine. [reference:10][reference:11]
• Commercial Courts Act, 2015 — Section 12A: Pre-Institution Mediation is mandatory before filing a commercial suit, unless urgent interim relief is sought. [reference:12]
• Civil Procedure Code, 1908 — Order 37: A summary suit may be filed for recovery of liquidated dues, which is a fast-track legal mechanism based on written contracts and invoices, where the defendant's right to defend is restricted and the matter is decided expeditiously. [reference:13]
• Specific Relief Act, 1963 — Section 38: A perpetual injunction may be granted to prevent the breach of an obligation existing in favour of the plaintiff, including the obligation to pay for services rendered. [reference:14]

You are hereby called upon to make full payment of all outstanding development dues within This Week from the date of this notice. Upon receipt and clearance of payment, website and software access shall be restored immediately.

This communication serves as a formal legal warning and may be tendered as evidence in any future legal proceedings. All rights are expressly reserved.