(Through its directors) Having it’s registered office at:- BASEMENT, PLOT NO. 31, POCKET 2, JASOLA, NEW DELHI-110025 Also at: 14/3 PEER BABA GALI, MEWLA MAHARAJPUR NEAR POOJA FORGE, FARIDABAD-121003.
ABILE CASA, 128 – US COMPLEX,
NH-19, JASOLA, NEW DELHI – 110076
2. MR. ANIL KUMAR SINHA, (DIRECTOR)
3. MR ADITYA RAJ, (DIRECTOR) S/O MR. ANIL KUMAR SINHA Both Permanent Residents of:- SRI RAM PRESS, DURGA STHANA, NEAR SRI RAM PRESS, P.N.T. BASTI, SHIVANGI LAMBA Ch. No.-13, S-Block, Delhi High Court, New Delhi- 110003. ADVOCATE Office - WZ 38 A, Sharda Puri, Ramesh Delhi High Court Nagar, New Delhi- 110015.
Pursuant to the instructions of my client namely M/S PINKONNECT
EXPRESS PVT. LTD., TRIBHUVAN COMPLEX, 28, ISHWAR NAGAR, NEW DELHI-110065 present legal notice is served to you in the below mentioned manner:
1. THAT my client namely PINKONNECT EXPRESS PVT.
LTD. is incorporated and registered under the provision of the Indian Companies Act, 1956, having its office at the address mentioned herein above that deals in courier and delivery services that has specialization for B2B and B2C segments of e- commerce having its registered office at TRIBHUVAN COMPLEX, 28, ISHWAR NAGAR, NEW DELHI-110065.
2. THAT my client being a PAN India and International delivery
experts provided you, the noticees smooth and reliable courier service which you enjoyed without any complaints and allegations.
3. THAT in the month of July, 2023, You, Mr. Anil Kumar Sinha and Mr.Aditya Raj, the noticees, showed interest in receiving the services after agreeing to the terms and conditions of the website unequivocally. SHIVANGI LAMBA Ch. No.-13, S-Block, Delhi High Court, New Delhi- 110003. ADVOCATE Office - WZ 38 A, Sharda Puri, Ramesh Delhi High Court Nagar, New Delhi- 110015.
4. THAT on 17th July, 2023 you, the notices started working with my client and gave them a few bulk orders for shipment. It was agreed that you, the noticees, will always pay in advance before the orders get shipped.
5. THAT both you, the noticees and my client developed good
business relations as the things were working smoothly. The payments were duly made for all the transactions in advance. Your good and honest conduct proved you to be a loyal customer.
6. THAT on 1st September, 2023 You, the noticee made an order
weighing 242kg, delivered in 16 different shipments to the U.S.A.. You told my client about your financial difficulty and about your inability to pay in advance for the said order. You promised that you’ll make the payment on the next day i.e 2 nd September, 2023 after the shipments get into process.
7. THAT my client trusting your words and keeping into
consideration your past conduct agreed to the same and started with the process. You, the noticees were informed about the same and were asked to pay the amount against the orders. My SHIVANGI LAMBA Ch. No.-13, S-Block, Delhi High Court, New Delhi- 110003. ADVOCATE Office - WZ 38 A, Sharda Puri, Ramesh Delhi High Court Nagar, New Delhi- 110015.
Phone No- 9717159432
Email:[email protected] client also informed you that the goods were delivered and have reached their respective destinations safely.
8. THAT on 27th September 2023 my client raised an invoice for
the above-mentioned transaction. The invoice no. PE/23-24/435 dated 27th September, 2023 for the amount of Rs. 1,41,048/- was sent to you. But you, the noticees started avoiding the calls and messages from my client.
9. THAT in October, 2023 You, the noticees accepted the said
invoice and claimed that the amount will be paid within a week. After a week my client first called you in the afternoon and asked you about the payment update but you again asked for some more time.
10. THAT on 31st October, 2023 You ensured my client on
WhatsApp that the payment will be made on the next day. A proper follow up was there on whatsapp and you even shared your payment disbursement status and asked for one more day.
11. THAT in January, 2024 after multiple calls and messages
on WhatsApp, you, the noticee finally agreed for a meeting. On 12th January,2024 you transferred Rs. 4,500/- in company account that was pending from last orders and also issued a SHIVANGI LAMBA Ch. No.-13, S-Block, Delhi High Court, New Delhi- 110003. ADVOCATE Office - WZ 38 A, Sharda Puri, Ramesh Delhi High Court Nagar, New Delhi- 110015.
Phone No- 9717159432
Email:[email protected] cheque bearing no. 000036 of Rs. 1,40,000/- (Rupees One Lac Forty Thousand only) dated 22nd January, 2024 drawn on HDFC Bank, Branch Green Park Extension, New Delhi- 110016.
12. THAT You assured my client that the said cheque need not be encashed and promised to make the payment by February, 2024. My client considering your past record, good conduct and the relationship granted you some more time as per your request.
13. THAT in the mid of February, 2024 my client first called
you in the afternoon but you didn’t attend the call, another call was made in the evening to make you aware about the pendency. You told my client that you have some personal unavoidable reasons and need a few more days to repay the invoice amount. My client keeping in view the amount, gave you, the noticee another opportunity to pay the invoice amount by the end of February, 2023.
14. THAT on 1st March, 2024 after repeated requests You, the noticee asked my client to get the cheque encashed. You had also promised my client that said cheque would be honoured on its presentation as per my client’s need. SHIVANGI LAMBA Ch. No.-13, S-Block, Delhi High Court, New Delhi- 110003. ADVOCATE Office - WZ 38 A, Sharda Puri, Ramesh Delhi High Court Nagar, New Delhi- 110015.
Phone No- 9717159432
Email:[email protected] 15. THAT my client had presented aforesaid cheque amounting Rs. 1,40,000/- (Rupees One Lac Forty Thousand only) dated 22nd January, 2024 drawn on HDFC Bank, Branch Green Park Extension, New Delhi-110016 in their account maintained with ICICI Bank, Kirti Nagar, Delhi.
16. THAT the cheque got dishonoured/returned unpaid by
your bank on 2nd Marc,2024 for the reason “INSUFFICIENT FUNDS”, which came into knowledge of my client on 05.03.2024. My client informed you about it on the same day on WhatsApp, but you ensured my client that you’ll pay the cheque amount within a few days.
17. THAT in-spite of acknowledging the liability of payment
you have miserably failed to make payment of the aforesaid amount payable to my client, with deliberately and malafide intents. You have always been avoiding payment on one pretext or the other.
18. THAT on 4th April, 2024 the aforementioned cheque was
again presented for encashment but it again got dishonored for the reason “ INSUFFICIENT FUNDS” which came into knowledge of my client by the cashier of their bank on 5 th SHIVANGI LAMBA Ch. No.-13, S-Block, Delhi High Court, New Delhi- 110003. ADVOCATE Office - WZ 38 A, Sharda Puri, Ramesh Delhi High Court Nagar, New Delhi- 110015.
Phone No- 9717159432
Email:[email protected] April,2024. My client informed you about it on 11th April,2024 in WhatsApp chat.
19. THAT your intention is clear and malafide. You’ve been
making false promises and doesn’t wish to pay your liability. Hence, you are liable to pay the said amount along with interest @ 18% p.a. from September 2023 till actual realization of amount to my client.
20. THAT in spite, of many telephonic reminders by my
client, you have failed to make payment due towards my client. Therefore due to your repulsive acts, my client has been constrained to serve you with this legal notice.
21. THAT on account of above facts, my client has a reason
to believe that you had never intended to pay the invoice amount . Therefore, I hereby inform you that due to your failure to pay amount mentioned in the cheque, you are liable to be prosecuted under section 138 of Negotiable Instrument Act, 1881 as amended up to date under which you are liable to be punished with imprisonment which may extend to 2 years or with fine. SHIVANGI LAMBA Ch. No.-13, S-Block, Delhi High Court, New Delhi- 110003. ADVOCATE Office - WZ 38 A, Sharda Puri, Ramesh Delhi High Court Nagar, New Delhi- 110015.
Phone No- 9717159432
Email:[email protected] 22. Take further notice that on account of dishonour of said cheque, you have not only committed an offence under Negotiable Instrument Act, but you have also made yourself liable to be prosecuted under section 420 of Indian Penal Code on account of cheating and falsely inducing my client. Therefore, I also have instructions to initiate appropriate criminal proceedings against you on all these counts.
23. Under these circumstances, I direct you to pay an amount
of Rs. 1,40,000/- (Rupees One Lac Forty Thousand only) being the principal amount of aforesaid cheque along with interest @ 18% per annum from September, 2023 till the time of actual payment and charges of bank levied on my client, within 15 days from the date of receipt of this notice, together with expenses incurred in sending this notice amounting to Rs.15,000/-, failing which my client would take legal action for recovery of dues as per law in the competent court of law. In that eventuality, you will also be liable to pay damages and litigation costs throughout. SHIVANGI LAMBA Ch. No.-13, S-Block, Delhi High Court, New Delhi- 110003. ADVOCATE Office - WZ 38 A, Sharda Puri, Ramesh Delhi High Court Nagar, New Delhi- 110015.
Phone No- 9717159432
Email:[email protected] My client reserve the right to commence proper legal proceeding/s without further notice to you and this notice will be tendered in court as evidence. This is without prejudice to all other legal rights and remedies available to my client for the above-stated purpose. A copy of this legal notice is retained in my office for future purposes.
