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    Notice 138 Negotiable Instrument Act - Freight7

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    uday koyate

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    © All Rights Reserved
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    Notice 138 Negotiable Instrument Act - Freight7

    Uploaded by

    uday koyate
    12 views6 pages

    Copyright

    © © All Rights Reserved

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    DOCX, PDF, TXT or read online from Scribd

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    Copyright:

    © All Rights Reserved
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    Download as docx, pdf, or txt
    12 views6 pages

    Notice 138 Negotiable Instrument Act - Freight7

    Uploaded by

    uday koyate

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 6

    ARHANT

    Law Consultancy Firm Office :


    S.No. 19/3, Tukaram Naik

    ADV. KASHYAP KHANDAGALE. Path, Nr. Chhajed Petrol pump,


    B.S.L., LL.B. Bopodi, Pune – 411020.
    Mob: 9112060573.

    Date : / /2020

    Date – 10/08/2021.

    STATUTORY NOTICE
    (R.P.A.D.)

    To,

    1) OSM Projects Private Limited.


    Office at - OSM House, Plot No. 53,
    Sector No. 59, Pragati Vihar,
    Ballabgarh, Dist. Faridabad (Hr.) – 121004.

    2) ALL DIRECTORS.
    OSM Projects Private Limited.
    Office at - OSM House, Plot No. 53,
    Sector No. 59, Pragati Vihar,
    Ballabgarh, Dist. Faridabad (Hr.) – 121004.

    3) Mr. Surender Sharma .


    Managing Director

    4) Mr. Dinesh Sharma.


    Director.

    5) Mr. Narender Sharma.


    Finance Head & Director
    6) Mr. Gourav Arora.
    Commercial Department.
    All above serial no. 3 to 6 are having their office at –
    OSM Projects Private Limited, at/- OSM House, Plot No. 53, Sector
    No. 59, Pragati Vihar, Ballabgarh, Dist. Faridabad (Hr.) – 121004.

    Sir/Madam,

    Under instructions from client A Sai Jasun Internationals Pvt. Ltd.

    Group Company, FREIGHT7 (Consignor), having its Office at - D 402,

    Kohinoor Shangrilla, Pimpri, Pune – 411018 thorough its Partner Mr.

    Unni Nair, I want to inform you by this notice as under -

    1) That you No. 1 are Pvt. Ltd. Company and 3 to 6 are Directors and

    corresponding staff of the said Company. You all are looking after the

    day to day affairs of the Company and all of you are legally liable to

    make the payment balance to my client.

    2) That my client is a consignor. That you had approached my client for

    delivery of the vehicle from Baramati to Kahalgaon for following

    vehicle.

    Details of Consignment –

    1. Tours Truck full body – 16 MT Capacity - 22 ft. Length

    and accordingly you had given delivery consignment to my client by

    email dated 25th March 2021 and my client had delivered consignment

    of the said vehicle from Baramati to Kahalgaon vide Invoice/Delivery


    Challan L R. No. 1103 & 1104, both dated 31/03/2021 and total

    amount of Rs. 1,90,000/- was due. Accordingly you had given the

    Cheque bearing no. 972269 dated 01/05/2021 for Rs. 95,000/- &

    Cheque bearing no. 972270 dated 05/05/2021 for Rs. 95,000/-

    against charges of delivery consignment. You had promised to clear

    both the cheques.

    3) Accordingly on 06/05/2021, my client had deposited all the above

    cheques in Kotak Mahindra Bank Ltd. Chinchwad Branch, but to my

    client surprise your Bank had dishonoured all the cheques on

    06/05/2021 for reason "Payment stopped by drawer".

    4) Accordingly on 06/05/2021, my client had sent you an email

    containing, “This is to inform you that we have deposited both the

    cheques, but Cheque No. 972269 dtd. 01/05/2021, for Rs. 95,000/-

    & Cheque No. 972270 dtd. 05/05/2021 for Rs. 95,000/- deposited

    (Both cheques) on dated 06/05/2021 by us and it has been found

    that the said above cheques is been returned due to “PAYMENT STOP

    BY DRAWER”

    5) In reply on 21/05/2021, you had sent an email containing,

    “In reference to your trailing email, we wish to inform you that your

    cheques were not cleared due to shortage of fund arise due to Covid-

    19 Pandemic condition again & lockdown in our state also.

    We would like to inform you that the payment of your first cheque

    shall be cleared by 10/06/2021 & 2 nd cheque payment shall be

    cleared before 30/06/2021.” In the said email, you had accepted the

    legal liabilities of the said cheques.


    6) Thereafter my client has sent e-mails from time to time asking for due

    payment. On 9th July 2021, my client had sent you an email

    containing, “Dear Mr. Dinesh Sharma/ Mr. Gourav Arora . Further to

    our discussion on 30th June you had made us believed that the

    payment of 1 returned cheque of Rs. 95000/- will be paid during this

    week. But as usual you have not kept your commitment and

    provoking us to take an legal action against you which looking to be

    mandatory since you are not communicating or nor fulfilling your

    commitment to us. We kindly request you to send us the fresh cheque

    for both the payments at the earliest. You early and prompt reply will

    help us to decide on our action.”

    7) My client submits that after regular follow up & by email letters my

    client had informed you to make the payment thereafter you agreed to

    make the payment vide same cheques. Thereafter you had instructed

    my client to redeposit the said cheques and had given assurance

    about clearance of the said cheques. Therefore on 17/07/2021, my

    client had deposited all the above cheques in Kotak Mahindra Bank

    Ltd. Chinchwad Branch, but to my client again surprised. Your Bank

    had dishonoured all the cheques on 17/07/2021 for reason

    "EXCEEDS ARRANGEMENT".

    8) That my client submits that, all the cheques were given against legal

    liability against the delivery consignments which you had already

    received vide invoices & against the consignment order given by you.

    My client submits that, there was no reason for you to stop payment
    the above cheques as you have already received the services & you

    have given the payment after follow up.

    9) My client submits that, as you have dishonoured the above cheque

    this statutory notice is being given to you to make the payment of the

    above cheques within stipulated 15 days from the date of receipt of

    this notice as mentioned in Negotiable Instrument Act.

    10) Under such circumstances my client has instructed me to inform you

    that you shall make the payment of both cheque bearing no. 972269

    dated 01/05/2021 for Rs. 95,000/- and Cheque bearing no. 972270

    dated 05/05/2021 for Rs. 95,000/- drawn on Indian Overseas Bank,

    Faridabad branch within 15 days of receipt of this notice, if you failed

    to do so my client shall be constrained to take necessary legal action

    against all of you and in that event you all shall be responsible for

    cost and consequences which please note.

    11) Charges of the notice Rs. 20,000/- is kept on you which please note.

    Pune. ADVOCATE

    Date: 10/08/2021. Mr. Kashyap Khandagale.

    Mr. Sudhir Kamble.

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