Through Regd. A.D.

under acknowledgment
___July, 2018

To,
M/s. Gemini
1st Floor, Shrey Towers,
AEC Cross Road,
Ahmedabad,
Gujarat

Sir,
On behalf of and under instructions from our client, Lions Club of Silvassa

Charitable Trust, Sanjibhai Delkar Marg, Silvassa - 396 230, Union Territory of Dadra &

Nagar Haveli, we address you as follows:-

1. Our Client is a well-known and reputed charitable trust and manages several

educational institutions including Lions English School situated at Sanjibhai

Delkar Marg, Silvassa - 396 230.

2. Our client was in look-out of installing and implementing ERP software at their

aforesaid Lions English School and had contacted various I.T. and software

service providers including you. Our Client instructs us to state that Our Client

primary requirements were high quality product and prompt and efficient after

sales-service.

3. Our client instructs us to state that our client was time and again assured by you

that you shall provide the quality and standard guaranteed software and

hardware of the system which will be defect free. You made several assurances

and promises that your after sale service is flawless and unquestionable. Our
 client instructs us to state that our client was time and again assured by you that

your said Software and Hardware are faultless and that our client would not face

any technical issues in the near future.

4. Our client instructs us to state that it was further assured by you that in the event

there are any technical issues, both with respect of Software and Hardware

provided by you then you shall provide prompt and efficient after sales service as

and when required by our client. Our client further instructs us to state that it was

based on the excellent picture and product quality and guarantee of efficient after

sales-service, our client agreed to award the work to you.

5. Pursuant thereto, an Indent-cum-Purchase Order bearing No. _____ dated 18 th

March, 2013 was handed over by our client to you. Simultaneously, a

Memorandum of Understanding dated 18 th March, 2013 (for short ‘the said

MOU’) was executed by and between our client and yourself wherein it was

agreed by you that you would install and implement the ERP Software, as per

our client’s requirement, along with the required Hardware for a lumpsum cost of

Rs. 20,04,000/- (Rupees Twenty Lakhs and Four Thousands only) inclusive of all

taxes. It was further agreed by you that in case our client feels any problem or

notices any defects, in respect of the Software or Hardware as provided by you,

then you shall put it into satisfactory / successful working conditions immediately.

Vide the said MOU, you also handed over a post dated cheque bearing no.

019543 for Rs. 20,04,000/- (Rupees Twenty Lakhs and Four Thousand only)

drawn on ICICI Bank, C.G. Road Branch, Ahmedabad equivalent to cost of the

entire software system as performance guarantee. It was further agreed by you

that in the event you fail to put the system in working condition at the satisfaction

of our client then by giving notice to you our client shall be entitled to encash the

aforesaid cheque no. 019543 and you shall have no objection for the said action.
6. In and around the year 2015, our client was shocked and surprised to observe

that the entire software system (as agreed vide the said MOU) was not installed

by you despite of all your timely commitments and assurances. Our client

repeated and regularly contacted you, personally as well as telephonically, to

immediately install entire defect free system software at Lions English School

however, the same fell on deaf ears. Our client made it extremely clear the work

awarded to you was a prestigious project and that any unsatisfactory work

performance would be result in a loss of reputation and image in the society.

Subsequently, on 16th March, 2015 our client addressed a notice bearing no.

LCSCT/ACCT/2012-13/36 to you indicating your unsatisfactory work

performance and called upon you to complete the work by 31 st March 2015 failing

which our client would be left with no alternative but to deposit the aforesaid

cheque no. 19543 as agreed in the said MOU. A copy of the said notice dated

16th March, 2015 was send to you by an email dated 18 th March, 2015.

7. Our client instructs us to state that on 24 th March 2015, our client received a reply

to the notice dated 16th March, 2015. The contents thereof are denied by our

client and are false, baseless and made only with an intention avoid your

shortcomings and delays. Our client further instructs us to state that you once

again made several representations, assurances and promises that you shall

complete the entire work immediately, in a timely manner and lured our client to

retrain from depositing the aforesaid cheque. However, till date the entire work

has not been completed and our client is facing several errors in its daily working.

Our client has tried all possible means and measures to communicate to you

your poor work performance but all requests of our client have gone unheard.

8. Our client instructs further that in and around March 2018, you once again

assured our client that in the event you fail to complete the installation of the

agreed Software and Hardware by the 15 th April, 2018, then our client shall be
 entitle to deposit the said cheque no. 019543 without any notice to you. Our

client instructs us to state that all your commitments and assurances were false

and misleading and by 15th April 2018 the awarded work was not completed.

9. Our client further instructs us to state vide the said MOU, our client deposited the

said cheque bearing no. 019543 dated 19 th April, 2018 drawn on ICICI Bank, CG

Road Branch, Ahmedabad, for a sum of Rs. 20,04,000/- (Rupees Twenty Lakhs

and Four Thousand only) in its bank ICICI Bank, ____ Branch on 19 th April 2018.

Our client was completely shocked and unpleasantly surprised to learn that the

said cheque was dishonoured on account of ‘FUNDS INSUFFICIENT’. Our client

telephonically communicated the same to you and was once again assured by

you that you shall complete the awarded work by the first week of July, 2018. Our

client inorder to protect its already damaged reputation reposed its trusted on you

and did not initiate any legal action against you in respect of the dishonor of the

said cheque.

10. Our client instructs us to state that by first week of July 2018, our client learned

that you have no intention whatsoever to complete the work and is trying to avoid

all means possible to delay the awarded work. Our client further instructs us to

state that our client on 11th July 2018, once again deposited the said cheque

bearing no. 019543 dated 19 th April 2018 drawn on ICICI Bank, CG Road

Branch, Ahmedabad with its banker DCB Bank, Silvassa Branch. The said

cheque was once again dishonoured with the remark “REFER TO DRAWER” by

a return memo dated 12th July, 2018.

11. You are also liable to pay to us costs of Rs. 25,000/= (Rupees Twenty Five

Thousand Only) for this notice.