Shree Guru Nanak Textiles To Sahil Cloth Store 13.11.2023 138
Shree Guru Nanak Textiles To Sahil Cloth Store 13.11.2023 138
Shree Guru Nanak Textiles To Sahil Cloth Store 13.11.2023 138
13/11/2023
To,
Under the specific instructions of my client Mr. Jatin Arora Proprietor of M/s Shree Guru
Nanak Textiles Situated at: Fifth Floor, Shop No-5071, Shree Kuber Ji Textile World, Saroli
Road, Saroli, Surat, Surat, Gujarat, 395010 Dist. Surat Mo. No. 75738 88802 I, Jay R.
Parmar (Advocate) hereby send this statutory demand legal notice as under :
1
make payment as per business rules and regulations further you also assured
my client that you are having good reputation in cloth market in Surat,
Muzaffarnagar as well as many other markets in India and also you induced my
client that you will make payment as per business terms and conditions & if
you failed to make payment on time, you will be liable to pay late payment
charges. Thus you have tempted my client to deal with you. you also promised
my client that you would make payment to my client as per business terms and
conditions and you also agreed upon to pay the bill amount in 90 days as per
the condition prevailing in the market, failing which late payment penalty
@24% P.A. will be levied then keeping trust on your words and promises by
you and your broker agent my client had shown his willingness to do business
with you.
4) After selecting the qualities and fixing the prices of goods you have purchased
goods on credit basis from my client in the year 2022 vide different bills &
different values as mentioned in Annexure-I, you have purchased total goods
of Rs. 75,537/- and your total outstanding is Rs. 20,330/- in my clients above
firm. My Client sent goods to you at your above mentioned address by
transport and you have received all the goods and even the goods were
checked by you and you have given confirmation on phone for the same.
Moreover, there was no complaint regarding to the quality and quantity of
goods from your side to my client. At the time of receiving goods you had
promised my client that you will make payment as per business terms and
conditions. You also promised & assured my client that if you failed to make
the payment. You would be liable to pay late payment charges to my client as
per the condition prevailing in the market.
ANNEXUE-I
2
2. 135 17/10/2022 25,767/- 3,501/-
3. 144 22.10.2022 25,502/- 17,419/-
TOTAL 75,537/- 22,830/-
5. After the cut of date of payment you have delayed to pay outstanding amount
to my client even after given ample time of 90 days as per terms and conditions
and also you did not gave any satisfactory reply to my client regarding
remaining payment of goods and after repeated demand were made for
payment of the dues by my client you all have delayed and passed the time by
one way or other reasons.
6. Now, against the total outstanding of Rs. 75,537/- you merely paid Rs. 52,707/-
and now your total outstanding is Rs. 22,830/- to cover the outstanding
amount you issued under mentioned part payment Cheque of your firm M/s
Sahil Cloth House and you are the proprietor of the same in favour of my
clients M/s Shree Guru Nanak Textiles of your Bank of Maharashtra Account
No. 60313252550.
Sr. Date Cheque Bank Amount (In Rs.)
7. No. No. That
1. 10.09.2023 056521 Bank of Maharashtra 10,000/- at
TOTAL 10,000/- the
time of issuing this part payment cheque you had promised my client, that my
client would get his payment on presentation of above part payment cheque in
the bank. Keeping trust on your words and As instructions given by you my
client deposited the said cheque in his bank ICICI Bank Citylight Branch, Surat &
to my clients utter surprise the said part payment cheque was dishonored with
an endorsement of “REFER TO DRAWER” & other details as mentioned below:-
Sr. Cheque Cheque Bank Amt. (In Rs.) Retuned Reason
No. Dated No. Date for return
1. 10.09.2023 056521 Bank of 10,000/- 26/10/2023 REFER TO
Maharashtra DRAWER
Total (Rs.) 10,000/-
8. Thereafter, my client informed you about the dishonor of part payment cheque
but no satisfactory reply was received from your side. Thus, you had issued this
part payment cheque with malafied intentions. Therefore, it seems that your
intention is / was nothing but Criminal Breach of trust & to cheat my client by
taking stock of sarees on credit basis and intentionally not paying it & you have
done a serious offence under section 138 of Negotiable Instrument Act. So
3
according to the provisions of The Negotiable Instrument Act this statutory
demand notice is issued to you.
9. That on account of the above facts, you are liable to be prosecuted under
section 138 of the Negotiable Instrument Act, 1881 as amended up to date
under which you are liable to be punished with imprisonment which may
extend to one year or with fine which may extend to twice the amount of
cheque or with both.
10. Under the circumstances, we call upon you to make the payment of
Rs. 10,000/- (Rupees Ten Thousand Only) being the principal amount of the
aforesaid part payment cheque along with late penalties till the time of actual
payment within a period of 15 (fifteen) days from the date of receipt of this
notice, failing which we will be bound to take further necessary action under
the provisions of Negotiable Instrument Act, 1881 against you in the competent
court of law at your risk and cost.
This is without prejudice to all other legal rights and remedies available to our
client for the above-stated purpose.