REGISTERED A.D./ SPEED POST/ COURIER
LEGAL NOTICE
Date 12-12-2022
To,
M/s Phoenix Builders & Developers,
Thr. Director Mr. Sameer Oberoi
R/o- A/ 72, Palace Oberoi, Malabar Hills
Mumbai, Maharashtra.
Pin Code- 400006
Ph.- 888xxxxx10
Subject- Legal Notice for dishonor of Cheque No. 08xx14 of State Bank of India.
Sir,
As per the instructions from and on behalf of Mr. Vijay Shekhawat, R/o- 277, C-Wing, Alex Apartment, Bandra, Mumbai, Maharashtra, Pin code- 400050, Ph.- 917xxxxx09, (herein referred as ‘my client’), serve you with the following legal notice-
- That on 01-02-2018, you had demanded a loan worth Rs. 15,00,000/- (Rupees Fifteen Lakh only) from my client for the purpose of resolving an unfortunate financial crisis of your business as well as assured my client to return the said amount within two years along with an appropriate rate of interest.
- That considering the cordial relations as well as your need, my client agreed to lend Rs. 15,00,000/- (Rupees Fifteen Lakh only) in different installments.
- That in this regard an agreement dated 03-02-2018 was executed between you and my client, wherein you promised to return the said amount within two years along with a rate of interest at 1.0% p.a.
- That the agreed sum was lent to you in your bank account through RTGS in following installments-
S. NO. | DATE | AMOUNT (in Rs.) |
1. | 03-02-2018 | 3,00,000/- |
2. | 06-02-2018 | 3,00,000/- |
3. | 10-02-2018 | 3,00,000/- |
4. | 15-02-2018 | 6,00,000/- |
TOTAL | 15,00,000/- |
5. That through RTGS, you had repaid the following sum of loan in following installments to my client, however, you had never paid the agreed rate of interest i.e. 1.0% p.a.-
S. NO. | DATE | AMOUNT (in Rs.) |
1. | 20-04-2019 | 3,00,000/- |
2. | 31-10-2019 | 2,00,000/- |
TOTAL | 5,00,000/- |
6. That on 01-12-2019 my client had informed you that the agreement dated 03-02-2018 was expiring on 03-02-2020. That my client had even informed you that you had violated the terms of the agreement dated 03-02-2018 by not paying the promised rate of interest. However, even till the due date you had neither paid the principle amount nor the rate of interest.
7. That on continuous follow-ups and reminders, my client asked you to repay the remaining principle amount and the rate of interest. That finally on 13-10-2020, only towards the repayment of the said loan (i.e. remaining Rs. 10,00,000/-), you had drawn a Cheque No. 00xxx2 of State Bank of India, payable at 13-11-2020 to my client.
8. That on 10-11-2020, you asked my client to not present the Cheque No. 00xxx2 in his bank account, and in exchange of this, for the similar amount, you had drawn another Cheque No. 00xx11 of State Bank of India, payable on 19-01-2021. This exchange of cheques by you was repeated thrice.
9. That finally, on 01-06-2022, you had issued a Cheque No. 08xx14 of State Bank of India, payable on 05-09-2022 for the sum of Rs. 10,00,000/- (Rupees Ten Lakh only). That by the said cheque was presented by my client in Bank of Baroda on 05-09-2022, but by the return memo dated 09-09-2022, my client was informed that the cheque was dishonored on account of ‘Insufficient Funds’ in your bank account.
10. That in order to inform you that the said cheque has been dishonored, my client at several instances attempted to contact you through phone calls as well as text messages. However, you had not given any satisfactory reply.
11. That the said cheque was again presented by my client in Bank of Baroda on 14-10-2022 and 19-11-2022 respectively. However, by the return memo dated 15-10-2022 and 19-11-2022, my client was informed that the said cheque was again dishonored on account of ‘Insufficient Funds’ in your bank account.
12. That in order to help you by lending Rs. 15,00,000/- (Rupees Fifteen Lakh only), my client had taken a loan of Rs. 6,00,000/- from Punjab National Bank at a rate of interest of 12.75% p.a. My client is still paying the instalments as well as the rate of interest to repay the loan which was solely taken to help you.
13. That it is evident that in order to defraud as well as harass and without any intention to pay the aforesaid sum to my client, you had intentionally issued the said cheque to my client knowing that it would be bound to dishonor on account of ‘Insufficient Funds’ in your bank account.
14. That your said conduct amounts to the offence punishable under section 138 of the Negotiable Instruments Act, 1881 as well as other under section 420 of the Indian Penal Code, 1860.
Therefore, through this legal notice, I on behalf of my client, hereby call upon you to pay my client Rs. 10,00,000/- (Rupees Ten Lakh only) along with the rate of interest at 1.0% p.a. till date within a period of 15 days from the date of receipt of this legal notice, failing which my client shall be constrained to initiate legal proceedings at the appropriate court of law for an offence punishable under section 138 of the Negotiable Instruments Act, 1881 as well as under Order 37 of the code of Civil Procedure, 1908 for which you shall be liable for all costs and consequences. You are further directed to pay my client Rs.6,000/- (Rupees six thousand only) towards the costs of this legal notice.
For further reference, a copy of this legal notice is retained in my office.
Date:- 12-12-2022 Advocate Sign
Place:- Mumbai, Maharashtra