The Counter Demand Letter is a strategic legal document used in Indian business and legal practice when a party who has received a demand letter wishes to contest the original claims while simultaneously asserting their own demands. This document type is particularly relevant in commercial disputes, contract disagreements, and business-to-business conflicts where multiple parties may have valid claims against each other. The Counter Demand Letter must be drafted in accordance with Indian legal requirements and typically includes references to relevant legislation, contractual provisions, and supporting evidence. It serves as a crucial step in dispute resolution, often preceding formal legal proceedings, and can be instrumental in achieving out-of-court settlements. The document should be comprehensive yet precise, maintaining a professional tone while clearly stating the counter-claimant's position and demands.
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1. Letter Header: Includes sender's details, recipient's details, date, and reference number of original demand letter
2. Subject Line: Clear indication that this is a Counter Demand Letter with reference to the original demand
3. Original Demand Reference: Brief summary of the original demand letter received, including date and key points
4. Rejection/Rebuttal: Point-by-point response to the claims made in the original demand letter
5. Counter Demands: Clear statement of your own demands and claims against the original sender
6. Legal Basis: Reference to relevant laws, contracts, or agreements supporting your counter demands
7. Proposed Resolution: Specific actions requested, including any monetary demands or other remedies sought
8. Timeline: Deadline for response and potential consequences of non-compliance
9. Closing: Formal closing statement, signature block, and contact information
1. Without Prejudice Statement: Include when the letter is part of settlement negotiations and should not be used as evidence in court
2. Preservation of Rights: Statement preserving all legal rights and remedies when partial settlement is proposed
3. Settlement Offer: Include when proposing a specific settlement to resolve all claims
4. Mediation Proposal: Suggestion for alternative dispute resolution when willing to negotiate
5. Confidentiality Notice: Include when dealing with sensitive business information or trade secrets
1. Evidence Log: Chronological list of relevant documents, communications, and events
2. Financial Statement: Detailed breakdown of monetary claims and calculations
3. Supporting Documents: Copies of relevant contracts, correspondence, invoices, or other evidence supporting counter demands
4. Photographic Evidence: If applicable, photos or visual evidence supporting your claims
5. Expert Reports: Any third-party assessments or expert opinions supporting your position
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