Notice Hate 17022023

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 5

MADANLAL P.

CHHAJED
ADVOCATE

B.S.L.,LL.B.

3,Raka Palace , Opp. Baramati Co. Op. Bank , Chinchwadgaon, Pune 411 033.

Mob. No. 98230 27765

Ref No.9 / MPC - GEN /23 Dated :- 14 / 03/ 2023


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

To,

Mrs. Dhiwar Sneha Sachin,


Presently R/at:- Flat No. D 504,
5th Floor , 'Lagloriosa', adjacent to Nyati Meadows,
Vadgaonsheri, Tal. Haveli, Dist. Pune 411014

Sub:Notice to vacate and hand over possession along with payment of License
Fees in respect of the Residential unit bearing Apartment/Flat No. D 504, Built-
up 1100 Square Feet, Parking: 100 Square Meter, Gallery: 100 Square Meter
situated on the 5th Floor of a Building known as 'Lagloriosa' standing on the
plot of land bearing S. No. 9 adjacent to Nyati Meadows, Vadgaon Sheri, of
Village:Vadgaonsheri ,situated within the revenue limits of Tehsil Haveli and
District Pune and situated within the limits of Pune Municipal
Corporation(“Licensed Premises”)
(2)

Respected Ma’am,

As per instructions and information given and document shown by my client,


Mr. Gaurav Hate, represented through his Power of Attorney Holder Mr.
Sudhanshu Hate, in respect of the Licensed Premises (“Client”), under a
registered Leave and license Agreement Dated 03 rd April, 2022 Registered as
Document No. 5245 / 2022 at the Joint Sub-Registrar Haveli No. 22 on
05/04/2022, (“Agreement”), as below:

1. That in lieu of all previous tele-communications, WhatsApp messages,


notice of vacating the Licensed Premises vide letter dated 25 th October,
2022 from my Client, followed by the police complaint dated 21 st
January, 2022, followed its acknowledgement bearing Service Request
No. 19393038072200140(“Complaint”), my Client hereby directs you to
come forward and amicably handover the Licensed Premises forthwith
after receipt of this notice.

2. That, it is with reference to the aforementioned that my, categorically,


will like to draw your attention to clause 10 –Cancellation, of the said
Agreement, whereby , my Client had absolute authority to cancel and
terminate the Agreement , by giving one (1) month prior notice to you.
You failed to vacate the Licensed Premises and continue to be in un-
authorized occupation of the same, till date and that too without paying
the agreed License fee of Rs.20,000 (Rupees Twenty Thousand Only)
(“License Fee”) since November, 2022, till date. Which my Client holds
all right and authority to claim with penalty and damages, if you do not
come forward and settle the pending dues with immediate effect. Please
note further that as per Clause 11, of the Agreement my Client holds
(3)

right and authority to and is fully entitled to recover damages at the rate
of double the daily amount of compensation per day and or alternatively
be entitled to remove you and your belongings from the Licensed
Premises, with recourse to the Court of Law.

3. That, my Client acted in good faith and accommodated you need to


occupy the Licensed remises, as you had difficulties in vacating the same.
(Will like to draw your attention to the communication dated 30 th
September, 2022 (Enclosed) but you took undue advantage of the same
and breached on the essence of the understanding under the Agreement.
The non-payment of License Fee since then and being in un-authorized
occupation of the Licensed Premises, is nothing but criminal trespass and
liable for criminal action as well. Not to forget the Police complaint that
my Client had to take recourse to, which also, to the utter shock of my
Client, was not given any cognizance by you.

4. That, kindly note that my Client has acted in accordance to the


Agreement and extended all due co-operation to you under the same, you
have continuously failed, erred, breached and violated the terms of the
Agreement also have shown total disregard to law and are illegally
holding the licensed Premises, which is criminal conduct.
(4)

5. There after my client had issued you a legal notice dated 26/10/2022 and
asked to vacate the premises and clear all outstanding dues. You have
replied the said notice through your advocate Mr. Chinmay Vaidya on
dated 18/11/2022. In which you have specifically agreed to handover the
possession of the said property on 28/02/2023 but you failed to do so.

6. That, my Client assures of fulfillment on his part under the Agreement.

7. That, in lieu of the aforementioned facts, I hereby call upon you, to pay
the pending amount of Rs. 80,000/- (Rupees Eighty Thousand Only/-)
towards the License Fee since November, 2022 till 28th February 2023
plus damages at the rate of double the amount of compensation towards
the License Fee per @ 40,000/- per month , with immediate effect. I
hereby further, call upon you to vacate and handover the occupation of
the Licensed Premises forthwith, as per and in accordance with the
Agreement , failing to pay the pending amount towards the License Fee
along with dues, and handing over peaceful possession of the Licensed
Premises with in the time as aforementioned, my Client holds right and
authority to and is fully entitled to recover damages at the rate of double
the amount of compensation per month and or alternatively be entitled to
remove you and your belongings from the Licensed Premises, with
recourse to the Court of Law.

8. Kindly note my Client reserves the right to take suitable actions in case of
default or failure on your part, all costs on you.
(5)

In spite of the above mentioned said fact if you failed act accordingly, in
the said event my client will constrained to take necessary action in the
court of law then in the said circumstances you will be responsible for the
cause and consequences thereof.

That charges of this notice RS. 7,500/- is kept upon you, please take note.

Hence this Notice.

Chinchwad,

Dated :-14 / 03/ 2023


Madanlal P. Chhajed
Advocate

You might also like