N.K.
SHARMA & ASSOCIATES
Advocates/ Consultants: - GST, Customs, Import- Export, FEMA, IBC, Consumer, Corporate
Law Matters
LEGAL NOTICE
Date: 15/06/2025
To,
The Director
Indospace AS Industrial Park Private Limited
Gat No. 341 (Part), Village Mahalunge Ingle,
Tal. Khed, Pune , Maharashtra, Mumbai,
Mumbai, Maharashtra - 410501
Subject: Final Legal Demand for Payment of Outstanding Dues, Compensation for
Unauthorized Retention and Use of Material, and Breach of Contractual and Statutory
Obligations
Sir/Madam,
1. Under instructions from and on behalf of my client, M/s Dura Plast, a well-established sole
proprietorship firm having its office at Plot No. 732, Sector-69, IMT Ballabgarh, District
Faridabad – 121004, I hereby serve upon you the present legal notice regarding your
company’s unlawful and deliberate conduct, which has resulted in serious financial injury,
professional inconvenience, and mental harassment to my client.
2. My client is engaged in the business of manufacturing and supplying specialized roofing
materials, including DLP Polycarbonate Roof Sheets, along with providing allied services
such as installation and commissioning. Pursuant to Work Order No.
WO-IAIPPL/2023/ISCBUCIB/80, issued by your company, my client supplied material and
partially executed installation work at your project sites located in Pune, Maharashtra and
Jhajjar, Haryana, for the period from 01.04.2023 to 31.10.2023. The date in your work order
incorrectly mentions 01.04.2014, which both parties understood to be an error.
3. In accordance with the said purchase orders, my client duly and timely supplied the
goods/equipment amounting to ₹10,52,442.00 at your various sites/units, including but not
limited to:
Unit/Location 1:-
Delhi Office: H.No. 31, Upper Ground Floor, Pocket-2, Jasola, New Delhi-110025, Ph.
011-46032050
E-mail: advocatenks393@gmail.com
N.K. SHARMA & ASSOCIATES
Advocates/ Consultants: - GST, Customs, Import- Export, FEMA, IBC, Consumer, Corporate
Law Matters
Gat No. 341 (Part), Village Mahalunge Ingle,
Tal. Khed, Pune , Maharashtra, Mumbai,
Mumbai, Maharashtra - 410501
Unit/Location 2:-
VPO Luhari, Pataudi- Kulana Road,,
MDR-132, Tehsil Jhajjar, District
Jhajjar, Haryana – 124108
Against the following invoices/ delivery challan detail given below:
S. Invoice/ Date Location Amount
No. Delivery
Challan No.
1 33 03.06.2023 Pune (Maharashtra) 10,01,938.00
2 50 17.06.2023 Pune (Maharashtra) 34,692.00
3 06 16.05.2023 Jhajjar (Haryana) 15,812.00
Charging towards 1,21,031.00
installation and
commissioning
11,73,473.00
4. Acting in good faith, my client delivered the material as per your specifications and
initiated the execution of services at both locations. However, your company subsequently
raised quality-related objections—after taking delivery and without any immediate protest—
and ultimately sought to reject the supplied material.
5. In order to amicably resolve the matter, my client, without admitting any fault, agreed to
take back the entire consignment. However, your company returned only a small fraction of
the goods and failed to issue any documentation such as debit notes, credit notes, or
Delhi Office: H.No. 31, Upper Ground Floor, Pocket-2, Jasola, New Delhi-110025, Ph.
011-46032050
E-mail: advocatenks393@gmail.com
N.K. SHARMA & ASSOCIATES
Advocates/ Consultants: - GST, Customs, Import- Export, FEMA, IBC, Consumer, Corporate
Law Matters
acknowledgment receipts for the same. No reconciliation was conducted, and no formal credit
process was completed, leaving the balance amount unadjusted and unverified in the
accounts.
6. What is most concerning is that despite having rejected the material, your company
proceeded to retain and use the remaining goods for the benefit of its own ongoing projects.
Such unauthorized use of goods—without payment and after formal rejection—constitutes a
grave act of fraud, deception, and unlawful enrichment, which cannot be justified under any
legal or contractual framework.
7. This deliberate retention and use of my client’s material, while simultaneously denying
payment, not only constitutes a clear breach of contract but also amounts to fraud, criminal
breach of trust, and cheating under the applicable penal law. Your acts are punishable under
Sections 316 (Criminal Breach of Trust), 318(2) (Cheating and Dishonestly Inducing
Delivery of Property), and 318(4) (Cheating with Knowledge of Likely Wrongful Loss)
of the Bharatiya Nyaya Sanhita, 2023.
8. Your actions further violate multiple civil and commercial laws, including but not limited
to:
Sections 17, 18, and 72 of the Indian Contract Act, 1872 – relating to
misrepresentation, fraud, and recovery for unjust enrichment;
Sections 73 to 75 of the Indian Contract Act, 1872 – for breach of contract and
consequential loss;
Section 55 of the Sale of Goods Act, 1930 – for the buyer’s failure to pay for goods
accepted or retained;
Relevant provisions under the Commercial Courts Act, 2015 – for recovery of
commercial dues through summary proceedings.
Delhi Office: H.No. 31, Upper Ground Floor, Pocket-2, Jasola, New Delhi-110025, Ph.
011-46032050
E-mail: advocatenks393@gmail.com
N.K. SHARMA & ASSOCIATES
Advocates/ Consultants: - GST, Customs, Import- Export, FEMA, IBC, Consumer, Corporate
Law Matters
9. My client, being law-abiding and professional, has made multiple oral and written attempts
to resolve the matter amicably. However, your persistent refusal to cooperate and your silence
on rightful dues has left my client with no option but to initiate legal action.
10. After adjusting for the partially returned material (not properly documented by you), the
net outstanding amount of ₹__________/- (Rupees __________________ only) remains
legally due and recoverable. This amount is currently being finalised and will be presented
along with evidence in the event of litigation.
11. Accordingly, you are hereby called upon to:
Pay the net outstanding dues of ₹__________/- (Rupees __________________ only)
within fifteen (15) days from the date of receipt of this notice;
Pay interest @18% per annum from the respective dates of default until realisation;
Reimburse legal expenses of ₹11,000/- incurred by my client in issuing this notice;
Compensate my client with a sum of ₹2,00,000/- (Rupees Two Lakh only) towards the
harassment, inconvenience, and mental agony suffered due to your deliberate breach.
12. Take further notice that failure to comply with the above within the stipulated time shall
leave my client with no alternative but to initiate strict legal proceedings at your sole cost,
risk, and consequence, including:
Filing a civil recovery suit under the Commercial Courts Act, 2015;
Initiation of a summary suit under Order XXXVII of the Code of Civil Procedure,
1908;
Institution of criminal proceedings before the competent Magistrate under Sections
316, 318(2), and 318(4) of the Bharatiya Nyaya Sanhita, 2023;
Filing of a suit for damages for breach of contract and fraudulent conduct.
13. This legal notice is being issued as a final and last opportunity to resolve the dispute
amicably and avoid the initiation of prolonged and costly litigation. Kindly consider the
seriousness of this matter and respond within the stipulated time. This notice is sent without
Delhi Office: H.No. 31, Upper Ground Floor, Pocket-2, Jasola, New Delhi-110025, Ph.
011-46032050
E-mail: advocatenks393@gmail.com
N.K. SHARMA & ASSOCIATES
Advocates/ Consultants: - GST, Customs, Import- Export, FEMA, IBC, Consumer, Corporate
Law Matters
prejudice to any and all other legal rights, claims, and remedies available to my client under
applicable laws in force.
Yours sincerely,
Adv. N.K. Sharma, Adv. Deepak Gautam
Mob. 9810256796, 9999204626
Advocates
For N.K. Sharma & Associates
Delhi Office: H.No. 31, Upper Ground Floor, Pocket-2, Jasola, New Delhi-110025, Ph.
011-46032050
E-mail: advocatenks393@gmail.com
