Date:07/05/2022 To, MASTER OF MALTE FLAT NO 14, PLOT NO. 134, SECOND FLOOR, SCINDIA HOUSE, CONNAUGHT PLACE NEW DELHI-110001 Legal Demand Notice
UNDER INSTRUCTIONS FROM AND ON BEHALF OF MY CLIENT
HERMES DISTILLERY PVT. LTD. THROUGH ITS AUTHORISED REPRESENTATIVE, HAVING ITS REGIONAL OFFICE AT C-43, 3 RD FLOOR, DDA SHED, OKHLA INDUSTRIAL AREA, PHASE-1, NEW DELHI, & CORPORATE OFFICE AT POST YADRAV, TAL RAIBAG, DISTRICT BELGAVI, KARNATAKA-591317 I HEREBY SERVE UPON YOU THE FOLLOWING LEGAL DEMAND NOTICE WITHOUT PREJUDICE TO ANY CONTENSIONS, INTRESTS, CLAIM AND/OR REMEDY, WHICH OUR CLIENT MAY HAVE IN FUTURE OR HAVE HAD AT ANY POINT OF TIME.
1. That my client Hermes Distillery Pvt Ltd. is a company incorporated under the laws of India and is engaged in the business of manufacturing and sale of alcoholic beverages in various parts of India. 2. That you the noticee is having business association with my client since 2019. During the course of business, you the noticee, had been placing orders for supply of alcoholic products from my client as per your need and requirement and accordingly my client supplied you the noticee various alcoholic beverages over a period of time. 3. That you the notice use to purchase alcoholic products from my client on credit basis and used to make the part payments against the alcohol products supplied to you from time to time. 4. That my client used to supply the goods under proper ledger and also maintain its proper statement of account of you noticee in the due course of business, which is duly acknowledged by you. 5. That you the notice has outstanding balance of Rs 1,54,677/- (One Lac Fifty Four Thousand Six Hundred and Seventy Seven Rupee). 6. That when my client approached you for payment of the above said order you assured my client that the payment will be made in some weeks of time and believing your assurances in good faith my client granted you further time. 7. That my client again approached you notice in month of April 2022 regarding the due payment, and thereafter in spite of many telephonic reminders by our client, you noticee failed to make the payment which was due to our client. 8. That you the noticee adopted a dilly dally attitude towards the demands, made by our client, for return the due amount on one pretext or another but you refused the same. 9. That you the notice has not paid the said due amount for supply of alcoholic products from my client Rs 1,54,677/- (One Lac Fifty Four Thousand Six Hundred and Seventy Seven Rupee), rather, you has started to avoiding my client. As such, my client has lost all the hopes that you would return the said due amount owed by him by making payment to my client. 10. That now it is clear and very much in the knowledge of my client that you the noticee have illegally withheld/retained the outstanding dues of Rs 1,54,677/- (One Lac Fifty Four Thousand Six Hundred and Seventy Seven Rupee) without any ration, justification, hence instant notice. 11. That even after extreme persuasions and multiple reminders of my client, neither you the noticee released the outstanding dues to which you the noticee was / is lawfully accountable to pay nor have you the noticee tried to reconcile the issues developed, and uprightly parted from lawful payables. It is important to mention here that you the noticee still have not cleared the dues. 12. That this act of you the noticee are highly unlawful, unbusinesslike and unethical, which was and still subsists, further the same has caused a lot of financial loss and mental agony to my client, hence instant notice. 13. That the entire camouflage woven by you the noticee caused a great hardship to my client and led to financial losses, as a considerable amount has been devoured by you the noticee. 14. Therefore, I do hereby call upon you the noticee by way of instant Legal Notice to release the outstanding dues of Rs 1,54,677/- (One Lac Fifty Four Thousand Six Hundred and Seventy Seven Rupee) with interest to be calculated at the rate of 36% per annum w.e.f the date on which the said amount was borrowed by you the noticee, otherwise my client shall be restrained to take necessary actions against you the noticee on your risk and cost. 15. That it would not be out of place to mention here that my client on numerous occasions approached you the noticee in order to settle the pending dues lying with you but every time you the noticee delayed the pending payments on one pretext or another and thereby aggravated the harassment and mental agony to my client. 16. That on being completely exasperated by the delay at your end, my client believes that you the noticee are highhandedly withholding his outstanding dues and despite repeated reminders you the noticee have failed to fulfill your promise of making timely payments. 17. That all such illegal, irregular and arbitrary acts should not take place. Such trenchant behaviour towards my client is baneful and further attracts penal provisions defined under section 420, 406 of the Indian Penal Code and also fraud, harassment, mental agony and several other provisions as stated under Indian Penal Code, 1860. 18. That for such illegal and malicious acts / conduct and the harassment caused to my client by you the noticee, you the noticee are liable to pay the above said outstanding amount to my client. I therefore, call upon you the noticee to pay to my client the following within 15 days from the receipt of this notice: Release the outstanding amount Rs 1,54,677/- (One Lac Fifty Four Thousand Six Hundred and Seventy Seven Rupee) towards the purchase of alcoholic products from my client. Interest to be calculated at the rate of 36% per annum from the date when the outstanding dues became liable against you the noticee, Rs.11,000/- (Eleven Thousand Rupees Only) towards the cost of the present notice. 19. This notice is without prejudice to, and does not in any way waive or impair or affect any rights, powers or remedies, which my client may have, now or in the future, under the applicable laws, or in equity in respect of any legal action that will be initiated against you the noticee in relation to sums due and payable by you the noticee to my client as stated in this Legal Notice or otherwise. 20. That it would be pertinent to mention here that a copy of this Legal Notice is retained in my office for future reference. I would take this opportunity to enlighten you the noticee that I have complete instructions from my client to initiate both criminal and civil proceedings against you the noticee at your own cost and risk in case the paragraph no. 18 is not complied with.
