Speed Post/E-mail

Dated:

To

1. SOMYA ESTATES PRIVATE LIMITED

Through its Directors
Having its registered office at;
LG -1&3, R-23, Nehru Enclave ,
New Delhi-110019
Email: somya.hotelgroup@gmail.com

2. MR. SANJAY TIWARI

Director
LG -1&3, R-23, Nehru Enclave,
New Delhi-110019

3. VINOD KUMAR TIWARI

LG -1&3, R-23, Nehru Enclave ,
New Delhi-110019

4. SUMIT TIWARI
LG -1&3, R-23, Nehru Enclave,
New Delhi-110019

Reference: Agreement for Sub Lease Deed dated 10.03.2005 in respect

of Villa No. C-15, measuring 1556 sq. ft. in Tarika’s Gold
Coast Villas situated at Varca, Goa.

Sub: Invocation of Arbitration

Sir (s),

We are concerned for our clients, Amar Deep Singh Johal S/o Awtar Singh
Johal, R/o 19 The Green, London E11 2NT and also at R/o 34/42, Punjabi
Bagh, New Delhi, India and Harpreet Singh Johal S/o Awtar Singh Johal R/o 13
The Green, London E11 2NT and also at R/o 34/42, Punjabi Bagh, New Delhi,
India and as and as such under their instructions state as herein under:
1. That you the addressee no.1 is a Private Limited Company duly
incorporated under Companies Act, 1956 and claimed to be a renowned
developer of the country and engaged in the business of real estate,
constructions and development of building etc. The Addressee no.2, 3
and 4 are the Directors as well as authorized signatory of the Addressee
no.1 and are jointly responsible for the management, functioning,
working and day to day affairs of the Addressee no.1.

2. That you the Addressee No.1 through its directors had represented our
clients that you the addressee had acquired 15600 sq mtrs of land at
Varca, Goa vide a registered perpetual lease deed having No. 297, at Page
No. 530-551, Book No. 1 Volume No. 1253 dated 25/10/2001 registered
at Margao, Goa. You the addressee No.1 developed a Villa by the name
of Tarika’s Gold Coast Villas on the above said land. You the addressee
had also got the said project published in various magazines and daily
newspapers. You the addressee also represented that you the addressee
had completed the said project with great strength & interest and it was a
dream residential complex in prime location and as such dazzled by
representations of you the addressee, our client showed their interest to
purchase Villa No. C -15, measuring 1556 sq. ft. in Tarika’s Gold Coast
Villas situated at Varca, Goa (hereinafter referred as “the said
property”)

3. In the month of March, 2005, the deal between you the addressee and our
client was finalized. It is pertinent to mention herein that though the said
property was purchased by our clients from you the addressee but no sale
deed was executed/registered between you the addressee and our clients
as at that point of time, registration of sale deed was not allowed in the
locality, where the property is situated. Various formalities were required
to be fulfilled to execute a sale deed in respect of the said property. Thus,
you the addressee and our clients agreed to enter into a sub-lease deed
dated 10/03/2005 in place of sale deed. The said sub-lease deed was/is
actually a proxy sale deed of the said property. The said documents even
though, it is termed as a sub-lease deed, reflects transfer of the property in
the name of our clients. It was/is truly a sale of the said property under
the nomenclature of sub-lease between you the addressee and our clients,
and as such the said sub-lease deed was executed between the parties with
terms of sale of the said property. You the addressee had assured our
clients that you addressee would get sale deed of the said property
registered in the name of our clients, when concerned local authority
 would allow for the same. Thus, the deal between the parties termed as
sub-lease, which was/is absolutely a sale. It is pertinent herein that you
the addressee had received entire/full sale consideration & nothing
remained to be paid to you the addressee. You the addressee had handed
over the possession of the said property to our clients on 30.04.2005 in
terms of the said sub-lease since then our clients are in possession of the
said property.

4. It was/is agreed that upon receipt of the full and final payment of all the
amounts due and payable to you the addressee by all the buyers of all the
flats /villas in all, you the addressee would co-operate with the buyers
informing, registering or incorporating co-operative society or a limited
company and the conveyance would be executed in pursuance thereto. It
was/is also agreed that when the Co-operative society and or limited
company is registered or incorporated or formed, the developer (you the
addressee) would obtain necessary permissions as required by law to
execute a conveyance and would execute the conveyance in respect of the
said property in favor of our clients.

5. Our client waited patiently and kept on making requests you addressee
for proper and effective transfer of the said property but in turn, you the
addressee kept on giving false assurances and as such in this manner,
days turned to weeks and weeks to months and months to years and years
to decade but you the addressee did not take any suitable actions/steps for
proper & effective transfer of the said property in our clients’ name. You
the addressee utterly failed to stand on their own assurances and all
promises & assurances were proved wrong as all the requests of our
clients fell on deaf ears and you the addressee failed to get the sale deed
of said property registered in the name of our clients.

6. That since our clients live abroad in UK and as such they were/are unable
to come to India as and when required to look after and manage the
affairs of the said property and due to their absence from the country
(India), it is not feasible and possible for our clients to do each & every
works required to be done for proper and effective transfer of the said
property in the name of our clients and such our clients executed a
Special Power of Attorney dated 24/11/2021 wherein they appointed
Jasbir Singh Bhogal S/o Dharam Singh, Plot No.1 Rose Enclave, Near
Basant S. Chowk, Ludhiana, Punjab as their lawful attorney to do all the
necessary acts to get the property transferred in the name of our clients.
Mr. Jasbir Singh Bhogal has also authorized to generally do all other
lawful acts and things which have not been specified in said SPA but
which may become necessary on behalf of our clients and in their favor,
 to be performed by the above said SPECIAL ATTORNEY at any stage
for proper transfer of the said property in the name of our clients.

7. That it is also pertinent to mention herein that at the time of purchase &
deal of the said property, aforesaid SPA holder of our client was also
present and since the purchase of the said property and our clients and
Mr. Jasbir Singh Bhogal has been following and requesting you the
addressee for proper and effective transfer of the property in the name of
our clients, but to no avail at all.

8. That given the circumstances, it clearly seems that you the addressee are
neither willing to make complete, proper and effective transfer of the
property in the name of our clients nor are ready to look forward to take
any steps in these directions. Each and every occasion, you the addressee
have fooled our clients by giving false assurances and have given empty
assurances with malicious intent to harass our client.

9. That our clients and their Attorney Holder repeatedly requested for the
effective transfer of the said property to you all the addressee but you the
addressee failed to pay the heed towards the several requests of our
clients, nor anything was done towards your promises and assurances.
That various reminders and telephonic conversation with you all the
addressee yielded no results and our clients have been left in the lurch.
Till date, no conveyance in terms of the agreement (sub-lease) has been
executed and you the addressee utterly failed to perform your part of
obligations even after lapse of more than 18 years.

10.All our visit by the said SPA holder of our clients to the office of you the
addressee requesting for proper and effective transfer of the said property
in the name of our clients, fell on deaf ears. You the addressee as a very
calculative step, kept on dilly-dallying on one pretext or the other and of
late, you the addressee have flatly refused to take any steps to get the
property registered/transferred thereby breaching the trust reposed on you
the addressee.

11.That our clients have been constantly reminding you the addressee in
respect of the aforesaid grievances but to no avail. It seems that you the
addressee have no plausible reasons and our clients are being harassed by
you the addressee in illegal manner and of late, you have deliberately
gone into intentional hiding as you have refused to even take the calls of
our clients.
12.Moreover, in any manner the said property was/is required to be
transferred in the name of our clients or their said Attorney Holder. We
sincerely hoped that same was done within 15 (fifteen) days of receipt of
our legal notice dated 02/09/2023 (Also sent through email on
14.09.2023). However, you the addressee failed to comply with the
requirements of the said notice.

13.Given your failure to comply with the above, the present notice may be
construed as a notice under Clause 29 of the Agreement for Sub Lease
Deed dated 10.03.2005, invoking the arbitration clause, which is being
reproduced herein below:

““Provided always that of any dispute, difference or question at any

time hereafter arises between the parties hereto or their respective
representatives in respect of the construction of these present or
concerning anything herein contained or arising out of these
present or as to the rights, liabilities or the duties of the said parties
hereinunder, the same shall be referred to arbitration of two
persons appointed by each party. The Arbitrator may in term
appoint an umpire. Provisions of the Indian Arbitration shall apply
to such reference.”

Be that as it may, we hereby again request you the addressee to

immediately get the said property registered/transferred in the name of
our clients or their said Attorney Holder within 15 days of receipt of this
notice or in the alternative, we hereby invoke the said arbitration clause
No. 29 of Agreement For Sub Lease Deed dated 10.03.2005 by
appointing Mr. Abdhesh Chaudhary, Advocate, office at K-2017, C.R.
Park, New Delhi- 110019, having email chaudharylawoffices @
gmail.com on behalf of our client as our Nominee Arbitrator and you the
addressee are also requested to appoint an Arbitrator on your behalf to
adjudicate the present disputes in the light and spirit of Arbitration and
Conciliation Act, 1996 within 30 days of the receipt of this notice, failing
which we shall be constrained to initiate appropriate proceedings
including the appointment of Arbitrator from a court of competent
Jurisdiction according to law.

However, our clients sincerely hope that you would obviate from such a
situation to arise and amicably settle the matter and do the needful at the
earliest.

A COPY OF THIS IS PRESERVED FOR RECORDS

Thanking You
For R.L.Bhagat & Associates

Ashish Bhagat