MARIYA AND MARIYA ASSOSIATES

ADVOCATES AND SOLICITERS PUNJAB AND HARYANA HIGH COURT

Chamber No. 2213, Punjab and Haryana High Court

Chamber No. 216 , judicial complex Jalandhar

Official Address : Building No. 8, Street 14, Model Town Jalandhar -144401

Contact Info: 8233823795, Email: maria.mansuri@gmail.com

BY HAND

To,

Mr. Amanpreet kaur

Ref: Your Legal Notice dated 25.03.2019 issued on behalf of your client Mr. Kuldeep
Singh Kaur S/o Mika Singh residents of 541, Jalandhar Heights.

Sub: REPLY TO YOUR LEGAL NOTICE DATED 25.03.2019

REPLY NOTICE

Dear Sir/Madam,

That under the instructions and authority of my client namely Zinc Punjab ltd., Director of
company Mr. Mahesh Kumar S/O Mr. Sonu nigam and Mr. Suresh Kumar S/O Mr.
Himesh Rashmiya who has received a legal notice from your good office dated 25.03.2019
In your notice you have inter alia averred that my client has not paid the due amount as you
ave claimed on the stipulated date and the cheque give by my client was dishonoured. There
by we deny these contentions and bring to your attention.

PRELIMINARY SUBMISSIONS/OBJECTIONS:

1. At the outset, we have instructions to state that your client has not apprised you of the
correct facts in the case which resulted into issuance of this frivolous notice. It appears
 that your client has misrepresented the true facts deliberately and has concealed its
misdeeds and wrongs done against our client. It is further stated that averments made
against our client in the subject notice are wrong, frivolous and misconceived, hence
they are denied.
2. That my client Mr. Suresh has resigned from the company on 03.01.2019
3. The true facts pertaining to the present matter may be noted. Mr. Kuldeep Singh had
supplied the 1000kg Zink powder worth Rs. 10 lakhs. to my clients. One post-dated
cheque of Rs. 10 lakhs dated 05.03.2019 was issued by my clients
4. That it was upon the mutual deal done between my clients and Mr. Kuldeep Singh for
the supply of Zink powder but because of the goods were of inferior quality my clients
has revoked the deal done with Mr. Kuldeep.
5. That my learned counsel has stated in the notice in Paragraph No, 2 line 3 that my
clients had never complained regarding quality and quantity thereof. By denying this
particular fact I would like to draw the attention of my learned counsel that my clients
had already issued a post-dated cheque before receiving the goods. After receiving of
the goods, they found it of inferior quality and had complained about the same to Mr.
Kuldeep 3 times on the phone call through the landline line no. of the office also sent a
message twice to Mr. Kuldeep through an official email of the company.
6. That because of the goods were of inferior quality my clients have asked Mr. Kuldeep
Singh for exchange of the goods and provide them with a good quality of goods but
they denied for the very same. After complaining repeatedly no response from Kuldeep
Singh was received to my clients about the exchange of inferior quality of goods. So,
my clients finally wrote an email for the returning of goods and revoking of the deal
and he never replied for the very same also.
7. That my clients have already returned the goods to the client of my learned Counsel Mr.
Kuldeep Singh and he accepted the goods and never objected for the returning of goods.
This acceptance and no objection from his side after receiving of the goods shows that
he is also interested in revoking of the deal.
8. That my clients has also asked for the returning of check issued by my clients to Mr.
Kuldeep Singh but he also not responded for the very same. Due to the fear of losing 10
lakh Rs. Which is a huge amount my clients decided to transfer the amount into another
bank account so the client of my leaned counsel cannot withdraw money
9. That upon the conclusion the deal which has been done initially between both the
parties was revoked after as soon as my client received the goods of inferior quality and
returned back immediately which has no objection received from Kuldeep Singh also
at the same time my clients has asked for the returning of cheque from Mr. Kuldeep
 Singh which is not responded by him. This shows that the client of my learned counsel
has the frivolous and malice intention in Rs. 10 lakhs
10. Therefore, you are requested to call upon your client to withdraw the above legal notice
against my client henceforth, falling which my client will be constrained to initiate the
appropriate legal proceeding under CONTRACT ACT, 420 IPC, SALES OF GOODS
ACT and CONSUMER PROTECTION ACT and also defend if need arises at the cost
and consequences of your client.

Thanking you in anticipation of your reply.

Dated: 6th September