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By Speed Post

2nd August, 2018


To,
Mr. Sunand Prasad Yadav Shaw,
S/o Late Hiralal Shaw,
At: 21 Ashok Mitra Road,
PO Kanchrapara, PS Bizpur,
N-24 Pargana, Kalyani – 743145

Sub: Reply to your letter-in-reply dated 11.07.2018


Sir,

1. We are in receipt of your letter-in-reply dated 11.07.2018. We hereby reply to


your allegations and contentions as follows. It is being hereby clarified that what
has not been specifically accepted, is deemed to have been denied.

2. With reference to unnumbered paragraph 1 of your letter-in-reply under reference,


it is denied that our letter has been issued in violation of the terms and conditions
of the lease or without true appreciation of the letter and spirit of the lease.

3. The contents of unnumbered paragraphs 2 and 3 and the numbered


sub-paragraphs thereof are matters of record and save what are matters of record,
nothing further is admitted. It is however, clarified that the monthly rent was Rs.
3,00,000/- and not Rs. 4,50,000/- as wrongly mentioned by you.

4. With reference to unnumbered paragraphs 4 to 9 of your letter-in-reply under


reference, all your allegations and contentions therein are denied and disputed.

5. With reference to unnumbered paragraphs 10 to 14 of your letter-in-reply under


reference, all your allegations and contentions therein are denied and disputed.
You have claimed that you have procured the required documents but such
documents were never handed over to us despite repeated requests for the same
and even now you have only made tall claims in the air without actually
furnishing any proof that necessary clearances or licenses are available with you.
In fact you have admitted that you have not obtained the conversion certificate or
building completion certificate or resolved the discrepancies as pointed out in
sub-paragraph (f) of our notice under reference.

6. With reference to the remaining unnumbered paragraphs of your letter-in-reply


under reference, all your allegations and contentions therein are denied and
disputed.

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7. It is undeniable that there has been non-performance of the obligations of the
Lessor under the said agreement which are clearly dealt with in our letter dated
11.07.2018 and are not repeated hereunder for the sake of brevity.

8. It is pertinent to mention before granting recognition or affiliation to a school, the


concerned Central Board of Secondary Education demand that all compliances in
respect of the school buildings are met with. Due to the defaults and/or failure on
part of the Lessor to perform its obligations under the said agreement, we were
unable to get the NOC from the State Education Department and Affiliation from
the Central Board of Secondary Education, Delhi for running the school.

9. The failure on your part to perform the reciprocal promises, as was a necessity
and pre-condition for the purpose of running the school for which the lease was
taken, has constrained us to terminate the agreement. The possession has been
and/or deemed to have been returned to you with effect from the termination.
Since we have already terminated the lease, question of payment or rent or of any
damages does not arise. In fact, we have suffered due to your non-performance of
your reciprocal obligations due to which we are entitled to claim damages from
you.

10. We once again finally call upon you to refund the sum of Rs. 44,00,000/- (Rupees
Forty Four Lakhs Only) within 15 (fifteen) days of receipt hereof, failing which
we shall be constrained to take such measures against you as are available under
law, all of which shall be at your risk, cost and consequences.

This is made without prejudice.

Regards,
For Rama Narayana Education Trust,

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