ABHISHEK CHANDRA MISHRA
Advocate
Member Supreme Court of India, Delhi High
Court
WITHOUT PREJUDICE
SPEED POST/EMAIL
Date-21.03.2022
To,
SORIL INFRA RESOURCES LIMITED,
Plot No. 448-451,
Udyog Vihar, Phase-V, Gurgaon,
Haryana, India-122016
Kind Attention: Mr. Barnee (Purchase Head)
Subject: Legal Notice for the Recovery of Amount of Rs.45,01,700/- along
with Interest at the rate of 18% the date of said amount being due till
its realisation.
Sir/Madam,
Pursuant to the instructions from and on behalf of Theeta Electricals Private
Limited (hereinafter referred to as "our client"), ·Principal office at Plot_ no-
18, Sector 3,IMT Manesar, Gurgaon, Haryana - 122050. I do hereby serve you
with the present legal notice for which you are requested to take strict note of
and act accordingly.
1. It is significant to note that our client is the largest producer and exporter of
tubular heating elements for domestic and industrial applications in India for
over 43 years and enjoy a fair deal of rapport with customers. That our client's
company led by a team of highly qualified engineers and professionals are
specialized in the field of electric heaters.
Residence cum office: Cottage No. 20 (Behind Regalia Heights), Shipra Suncity,
lndirapuram, Ghaziabad-201014 (Delhi-NCR)
E-mail:abhishekchandra.mishra@gmail.com; Ph: 91-9871161549
ABHISHEK CHANDRA MISHRA
Advocate
Member Supreme Court of India, Delhi High
Court
2. Placing credence on the immense goodwill and reputation enjoyed by our client,
you ordered Immersion Heater Rod - 1 KW and Immersion Heater Rod - 1.5
KW(hereinafter referred as "products") from our client and accordingly issued
the First Purchase Order dated 30.09.2021 with P.O. No. 1021900491.
Subsequently various other Purchase Orders "P.O.(s)" were issued for supply of
Immersion Heater Rods.
3. That against your valid and confirmed order our client did your work i.e.,
delivery of the product son time and further our client allowed you to make
payment after 45 days of delivery date of the said products to Bhiwandi and
Delhi warehouses.
4. That our client-raised bills of each and every work performed for the payment,
although you have acknowledged the receipt of such bills raised by our client
through email.
5. It is pertinent to mention that, it was our client who was always running behind
your executives and to your branch office to know about the details of the
pending payments. It is cogent to mention that due to your high headiness and
irresponsible behaviour my Client grew afraid whether he will be receiving
payments or not.
6. That our client vide email dated 15.04.2021, informed you about the price
quotation which is applicable for order to be delivered in April 2021. For
orders deliverable in May 2021, new copper prices would apply and hence
element price will change.
That our client vide email dated 07.09.2021, informed you about the discussion
held with Mr. Bamee (Purchase Head) at your Gurgaon office and our client
Residence cum office: Cottage No. 20 (Behind Regalia Heights), Shipra Suncity,
lndirapuram, Ghaziabad-201014 (Delhi-NCR)
E-mail:abhishekchandra.mishra@gmail.com; Ph: 91-9871161549
ABHISHEK CHANDRA MISHRA
Advocate
Member Supreme Court of India, Delhi High
Court
clarified that a maximum of45 days credit period can be provided to you for the
release of the payment for the products delivered.
8. On 07.09.2021, our client sent a quotation having quotation no.
TEPL/IB/001/0721 for the 1000 W Immersion heater rod and 1500 W
Im ersion Heater Rod with total amount and a warranty period of 1 year which
was valid till 30.09.2021. The payment was to be made within 30 days form
delivery date which was clearly stated in the quotation. Our client also reiterated
the fact that the prices applicable for order to be delivered in September 2021
will remain the same. However, our client informed that from October 2021
new copper prices would be used and hence element price will change.
9. On 30.09.2021, you placed the order for the 1000W Immersion heater rod and
1500W Immersion Heater Rod having P.O. 1021900491 to be delivered to
Delhi warehouse and P.O. 1021900492 to be delivered to Bhiwandi warehouse
with amount of 2,250,850/- both having a total amount of Rs.45,01,700/- for
both the warehouses. The same was emailed by you on 30.09.2021 and was
represented through a table mentioned hereinunder: -
Material Material Cat Total PO PO
Codes Description Reference Qty 1021900491 1021900492
Delhi Bhiwandi
Delivery Delivery
1021008065 Immersion IIR-10 10000 5000 pc 5000 pc
..
0 Heater Rod pc
-lkW
1021008065 Immersion IIR- 15 5000 2500 pc 2500 pc
1 Heater Rod pc
Residence cum office: Cottage No. 20 (Behind Regalia Heights), Shipra Suncity,
lndirapuram, Ghaziabad-201014 (Delhi-NCR)
E-mail:abhishekchandra.mishra@gmail.com; Ph: 91-9871161549
ABHISHEK CHANDRA
MISHRA
Advoca
te Member Supreme Court of India, Delhi High
1-1.5kW
10. That vide email dated 16.12.2021, you informed our client that the products
were received by you on 04.12.2021 at Delhi warehouse. That time you have
taken GRN as per Invoice quantity but after physical verification you have
found discrepancy as below: -
Vendor Inv. Item Code Description Inv. Recd Remark
Name No. Qty . Qty
Theeta 1940 10210080650 Immersion 5000 5060 60 no.
Electrical Heater Rod extra
Gurugram 1 kW recd.
Theeta 1940 19210080651 Immersion 2500 2440 60 no.
Electrical Heater Rod short
Gurugram 1.5kW recd.
You asked our client to arrange to supply 60 no of 1.5KW Immersion ROD and
instructed our client to take back 60 no of lKW ROD.
11. That vide email dated 16.12.2021, you informed our client that correct quantity
of material was received at Bhiwandi and asked to arrange the replace of
material at Delhi.
Residence cum office: Cottage No. 20 (Behind Regalia Heights), Shipra Suncity,
lndirapuram, Ghaziabad-201014 (Delhi-NCR)
E-mail:abhishekchandra.mishra@gmail.com; Ph: 91-9871161549
ABHISHEK CHANDRA
MISHRA
Advoca
te Member Supreme Court of India, Delhi High
12. That vide email dated 21.12.2021, our client asked you to issue a debit note for
60 pcs@ Rs. 28 = Rs. 1680/- against the discrepancy. You replied to the same
email vide dated on 21.12.2021 and issued the credit note for the same. Our
client vide email dated 12.01.2022 sent you the credit note for the same.
13. That vide email dated 05.03.2022 our client informed that in reference to supply
of said products, there is an outstanding amount of Rs.45,01,700/-, the
bifurcation of the said outstanding amount is provided herein:
Location Invoice no. Dated Amount
(Rs.)
Mumbai 1933 30.11.2021 22,50,850
Delhi 1940 30.11.2021 22,50,850
Total 45,01,700
As per agreed as per the payment terms that you will pay our client the payment
for the invoice within 45 Days from the date of invoice, but the payment is due
for more than 3 months. Our client is continuously calling up many times to Mr
Vilas but no proper response received.
14. That vide emails dated 07.03.2022, 09.03.2022, I 1.03,2022 with ·a hope that
some respite would be afforded, our client requested for the release of the
pending payments at your end but no response was received.
Residence cum office: Cottage No. 20 (Behind Regalia Heights), Shipra Suncity,
lndirapuram, Ghaziabad-201014 (Delhi-NCR)
E-mail:abhishekchandra.mishra@gmail.com; Ph: 91-9871161549
ABHISHEK CHANDRA
MISHRA
Advoca
te Member Supreme Court of India, Delhi High
15. It has been more than 3 months and our client are still awaiting the response
from your end but nothing to avail. Now the situation is our client has not
received the pending payment amounting to Rs. 45,01,700/-from you making it
much worse for our client and is still waiting for further communication from
your side.
16. However, without prejudice to our client's rights and contentions, we have been
authorized by our client to provide you with a last and final opportunity to settle
the matter upon satisfaction of the following requisitions:
A. Pay a sum of Rs. Rs. 45,01,700/-within 7 days of receiving this notice along
with interest at the rate of 18% from the date of the Invoice becoming due till
its realization to our client within 15 days of receipt of this legal notice;
B. Pay INR 10,000- (Indian Rupees Ten Thousand only) toward cost for this legal
notice within 15 (fifteen) days of receipt of this notice.
17. Please note that if you fail to comply with the aforesaid requisitions within a
time period of 15 days from the receipt of this legal notice our client will be
constrained to initiate appropriate civil and criminal proceedings against you,
without any further notice, which shall be at your own risk as to the costs and
consequences thereof.
Please be further notified that a copy of the present notice has been retained in
our office for further necessary action.
Abhishek Chandra Mishra
(Advocate)
Mobile No. 9871161549
Email Id: abhishekchandra.mishra@gmail.com
Reside.nee cum office: Cottage No. 20 (Behind Regalia Heights), Shipra Suncity, lndirapuram,
Ghaziabad-201014 (Delhi-NCR)
E-mail:abhishekchandra.mishra@gmail.com; Ph: 91-
