(RPAD)
To,
__________,
__________.
NOTICE
Sir,
I am concerned for my client PACIFIC CORPORATION, Office at-
Sr. No. 627/1A Near gangadham Signal, Market Yard, Mandir
Lane, Bibewadi Pune -41103 through its authorized person Mr.
Kaizar Hamid under the instructions and documents produced
before me by my client, I hereby address and serve you with the legal
notice. The legal notice is as under:
1. My client states that, my client is in the business of Wholesale
& Retail Supplier Of HVAC & hardware products in the name
and style of Pacific corporation, Pune. That my client is having
his office at the above-mentioned address and Mr. Kaizar Hamid
is the authorised person of Pacific corporation, Pune.
2. My client states that, with his splendid service in the field of
Wholesale & Retail Supplier Of HVAC & building materials, my
client has earned immense name and has always added
feathers in his cap. My client is having numerous clients all over
Pune and is a renowned name in the market. Furthermore, my
client is known for giving prompt and efficient service to his
client, he has now made a pre-eminent name for himself in the
list of best-known service providers in pune and is offering an
array of products.
3. My client further states that, you are in the business of
__________, under the name and style of ____________ and
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because of my client’s eminent name in the market you
approached my client in the year _____ for supply of HVAC &
building materials, and since _____, you have been purchasing
the said products from my client. That, till date my client has
given on time delivery and has trusted you for making the
payments on time, but to my client’s dismay, you have not paid
my client for his products on time.
4. My client states that, you are working in the field of HVAC
Contracting and services and approached my client and placed
an order for _________ and my client raised an Invoice of Rs.
______________ for the said goods purchased by you, the Invoice
was received by you and you made partial payment of Rs.
__________.
5. My client fulfilled his obligation and delivered the goods on time
and assured good quality products. My client states that, you
issued a cheque to my client for the remaining amount of Rs.
_________,in favour of ‘Pacific Corporation’ for partial payment
to the total amount of the invoice and assured my client that
the said cheque would be honoured on its due presentation to
the bank against the payment due on you as follows-
a. A cheque bearing no. 000136 dated 22/11/2021 of Rs.
76,693/- drawn on your account maintained by you with
HDFC bank.
6. It is reiterated that, the said cheque signed by you was issued
for the discharge of aforesaid legally enforceable liability and
debt being the price of goods purchased by you, payable to my
client by you and therefore you were under legal obligation to
honour and pay the said cheque.
7. That, as per your instructions, my client deposited the said
cheque through his account in HDFC Bank, Model Colony
Branch, Pune, on its due date within the period of its validity.
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That, the aforesaid cheque bearing no. 000136 was returned
dishonoured on “FUNDS INSUFFICIENT” with remark on
16/12/2021.
8. Upon intimation from bank to my client, my client was
shocked and surprised, after several reminders and keeping
patient, you gave a cheque of only the partial amount, without
keeping sufficient funds and with an ill-intention you have not
acted upon the assurance at the time of issuing the said
cheque. This action on your part may amount to Criminal
breach of trust and cheating which are offences U/sec 406,
417 & 420 of Indian Penal Code punishable with
imprisonment up to 07 years with/without fine.
9. According to my client, my client has given you several
reminders and kept patience regarding the payment for the
Invoices raised against the products purchased by you, but to
my client’s utter shock, you have been beating around the bush,
with an ill-intention you have not acted upon the assurance
given by you. You have been regularly procuring material from
market and has stopped availing services from my client as the
previous payment was due.
10. Furthermore my client states that, there has not been a single
complaint regarding my clients services and products provided
till date, but your dishonest intention of non-payment and
cheating my client and also breaching my clients trust can be
clearly made out, with the said act committed by you for your
own personal economic/financial benefit.
11. Please note that this notice is without prejudice to and/or
without impairing or affecting, and shall not be construed as
a waiver of, any rights, powers or remedies which My client
has, now or in the future, under applicable law, equity etc., as
the case may be or any other agreement/letter executed
pursuant thereto and/or under or in respect of any legal action
that may have been filed or taken and/or would be filed or be
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taken by my client against all of my client in relation to the
above stated.
12. Therefore, on behalf of my client I hereby call upon you to pay
amount of Rs. 76,693/- (Amount of above dishonoured
cheque) to my client within 15 days from the date of receipt of
this legal notice.
13. On your failure to pay to my client the amount of above
dishonoured cheque within the stipulated time, then you would
be liable for prosecution u/sec 138 of Negotiable Instruments
act in the appropriate court of law and in that event, you will
be solely liable for the cost and consequences.
14. On behalf of my client, I would like to inform you that this act
done on your end is skulduggery in nature and would have
legal consequences. Failing to comply with this legal notice
within the prescribed time, my client will not even wait for a
single day and he will knock the doors of the Criminal and
Civil courts which will have harsh consequences claiming un-
liquidated damages against you, which please note will have
unpleasant and painful consequences.
The notice charges of Rs. 20,000/- is kept upon you, which
may kindly be noted.
PUNE
Date: / /2021 Advocate
