AVINASH NANDAN SHARMA Office: CHAMBER NO.671
Advocate Patiala House Court
En.No. New Delhi- 1
LL.B. Law Faculty, DU Mob: 08800794128
- M/s Packaging Pvt. Ltd.
5, Jawahar Road, Kolkata-700046,
- Ramesh Agarwala ,the Director / Proprietor
M/s Foils & Packaging Pvt. Ltd.
5, Jawahar Road, Kolkata-700046,
2, Jawahar Road, Alipore
Kolkata700027 , West Bengal
Under instructions and authority from my client M/s Electricals (P) Ltd. having its office at A- 2, , New Delhi-110013, I serve upon you the Legal Notice with the following facts as under:-
- That my client is a registered company running his business in the name and style of M/s Electricals (P) Ltd. from the above mentioned address.
- That you are also a company as represented by you and engaged into the business and running his business under the name and style of M/s Packaging Pvt. Ltd. That you the addressee no.2 is the Director / Proprietor of the said company and in- charge of the day-to-day affairs of the said company i.e. addressee no.1
- That you contacted my client through your representative for the sale of materials for which you sent to my client a Performa invoice dated 29th September 2021 mentioning the sale amount of Rs. 7,55,050.46/- (Seven Lac fifty five thousand fifty rupees and forty six paisa only) for the supply of a fixed quantity of materials by you.
- That my client agreed to your performa invoice and consented for the purchase of the agreed material. On 08.10.2021 you were made the payment of 7,55,050/- (Seven Lac fifty five thousand fifty rupees only) by Central Bank of India issued for RTGS
- That you sent the material to my client through Consignee Copy bearing no. 8819 dated 06.11.2012 through S.S.C. Logistcs , a public transporter. However , the materials supplied by you was not of the quantity agreed between parties through Performa invoice.
- That you also sent an invoice of Rs. 5,92,510/- in total out of the already paid amount of Rs. Rs. 7,55,050/- through RTGS for considered transaction. Thus you have retained with you the mount of Rs. 1,62,514/- for which my client many times called you but you neither sent the material nor returned the balance money of Rs.1,62,514/- to my client which shows your malafide intention and unjust enrichment.
- That when my client tried to contact you at this point you did not clear your stand and assured my client that you will examine the statement of account and do the needful. On your assurance my client kept waiting for your response, however, finally you did not take note of this matter which shows your criminal intention of cheating and fraud.
- That my client has also suffered in its trade due to your unprofessional response and illegal trade practice by not complying the terms of agreement of sale – purchase and intentionally and illegally retaining Rs.1,62,514/- ( One Lac sixty two thousand five hundred fourteen rupees only) with you.
I , therefore , through this notice call upon you to return my client a sum of Rs.1,62,514/- along with interest @ 21% from the date you retained this amount with you till its realizatioin, further in addition a sum of Rs. 50,000/- towards the damages on account of mental pain and agony or wrongful and dishonest act suffered by my client on your part, within 15 days from the receipt of this notice failing which my client shall be constrained to initiate civil proceedings against you for the recovery of the above said amount and in such eventuality you shall be liable for all the costs, risks and consequences that may ensure.
That my client will also file a case of Cheating under Section 420 of IPC as this matter involves the contents of cheating ,fraud and unjust enrichment on your part which can only be investigated and tried by a competent Criminal Court.
Further you are also liable to pay an amount of Rs. 5,000/- towards Legal Notice Charges.
Please take notice accordingly.
Copy of this notice is kept in my office for future reference/action, if necessary.