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B.COM. LL.B.

ADVOCATE HIGH COURT


Office : 296, 1ST Floor, Aditya Building, Opposite Bhiwandi Talkies, Near Ganesh Mandir,
Brahaman Ali, Bhiwandi, Dist-Thane. CELL-9822392907 /9028615007

Ref.No.Reg/U.P.C./by Hand/ Date : 15/5/2019

NOTICE
To,
M/S Rohit and Company
Proprietor : Rohit Kumar Ramdeo Mantri
having its office at
11/434, Vishnu Kunj,
Ayodhya Nagar, Ichalkaranji - 416115

Sir,

Under the instruction from My client, BALESHWAR SYNTHETICS TEXTILES


PVT LTD, through its Directors Shri Shivratan Biyani, having its office at 111/113,
Vitthal Wadi, 4th Floor, Kalbadevi Road, Mumbai – 2, I have to address you follows:

1) My Client states his company doing a Business of Manufacturing of Cloth and


was in search of Power loom machinery for our unit at Amravati and had
informed many broker for the same.

2) My Client states that he was informed by one Shri Govind Sarwagi that there
are second hand machines available at Ichakaranji and he also informed that
one broker Shri Amit Bagrecha has a many parties or Owners who have the
same machines as my clients requirements.

3) My clients went to Ichalkarnaji with Govind Sarwagi in the month of September


to meet you and your borker Shri Amit Bagrecha and saw the machines being
Used Picanol GTX plus Rapier Machine 190 CM Mfg year 2005 with Dobby
Staubil 2650 which were in working conditions and after the visit, my client
finalzed the deal of sale of machines on 26th of September 2018 and terms and
conditions were finalized by My clients and you and as per the terms and
condition my client had to make payment of 7,08,000/- for 3 machine being
Used Picanol GTX plus Rapier Machine 190 CM Mfg year 2005 with Dobby
Staubil 2650 and as per the terms token amount of 2,50,000/- (Rupees Two
Lacks Fifty Thousand Only) was paid by cheuqe bearing No. 242686 dated
22810818 of _____________________________ Bank and remaining amount
of Rs. 4,58,000/- (Rs Four Lacs Fifty Eight Thousand Only) at the time of
possession of Machines.

4) My client states that after making the payment to you , you have issued Invoice
bearing No. 1 dated 10/10/2018 in my client company name and informed that
as soon as the machine are uninstall you will call my client and handover the
possession.
5) My client states that he after making the payment to you, he In month of
November 2018 enquired about the delivery of machine and you informed that
the said machine will get dismantle or uninstall in the month of December and
then make the complete payment and get the machine delivered.

6) My client states that believing on your words he made arrangement of all the
amount and informed you that the payment is ready, please make the delivery
of machines, you again advised to wait for few months and did not delivery the
possession. My client states that as you had no intention to deliver the said
machines to my client, so you kept of giving false promises to delay the delivery
of the said Machines.

7) My Client state that when he visited Ichalkaranji at you company on


15/04/2019 then he came to know that the machine which you have promised
to sale my client and for which you have received amount of Rs. 2,50,000/-
(Rupees Two Lacs Fifty Thousand only) as part payment of the Machinery and
also issued GST Invoice bearing NO. 1 dated 10/10/2018, have been sold by you
without informing my client.
8)

8) My client state that you never response to my clients request in respect of to


deliver the machines as per terms and conditions finalized between my client
and you. My client state that you made the false representation and made false
promise and never deliver the said power looms to my client and have taken
amount of Rs. 2,50,000/-. My client is ready to make the payment of Rs.
4,58,000/- at once on the condition that you make the delivery of machines
immediately

9) My client state that you made false representation, also commit criminal breach
of trust and you with intention cheated my client, and thus have caused
wrongful loss to my client and wrongful gain for self and in this way you have
cheated my client for which my client reserves his right to prosecute for the
criminal offence committed by you under provision of Indian penal code.

10) My client state that, with criminal intention to deceive, cheat and defraud my
client you have made false representation and constrain my client to comply
with deal of machinery.

11) My client state that, you are bound and liable to make delivery of Machines to
my client, within 15 days from the receipt of the said notice, failing which you
will be render yourself liable to be prosecuted for the criminal offence
committed by you.
B.COM. LL.B.
ADVOCATE HIGH COURT
Office : 296, 1ST Floor, Aditya Building, Opposite Bhiwandi Talkies, Near Ganesh Mandir,
Brahaman Ali, Bhiwandi, Dist-Thane. CELL-9822392907 /9028615007

Ref.No.Reg/U.P.C./by Hand/ Date : 15/5/2019

12) Under the circumstances, I have been instructed by my client to call upon you
to deliver to my client the above mention machines within 15 days from the
receipt of this notice, failing which my client shall be constrained to file a
complaint against you under Section 420 , 406 of IPC in appropriate court and
needless to say that the same shall be entirely at your own risk as to the cost
and consequences thereof, which you please take note.

P. R. Kesarwani
(Advocate)