sameer kumar tripathi Office & Residence:

Plot No. 252, Zonal

Advocate Market, Sector - 10,
B.Sc., M.A., L.L. B Bhilai, Durg (CG)
M.No. 9826114145

Regd. Post

To Date: .03.2021

Director
Danieli India Ltd.
7000 Central Expressway
Sri city, A.P. India - 517646

Sir,
Under the instructions and authority given to me by my client Messers,
Bhilai Engineering Corporation Ltd, I have to serve you with the following
notice:
1. That our client had received two purchase order from M/s Danieli India
Limited are as follows:
a) Purchase order No. 18125033 0E dtd. 27.03.2018 and P.O.
amendment No. 1 dtd. 05.10.2018 and P.O. amendment No. II dtd.
28.02.2019 asked to deliver wrapping drum code 5 WPOV4
B010534, 6WPOV4012834, 7 WPOV4B020534, 8WPOV4B022834
each one in quantity and support for complete supply as mentioned
in documents with agreed net unit price for each item Rs.
5,117,195/- Rs. fifty one lakhs seventeen thousand one hundred
ninty five only thus total cost of Rs. 2,04,68,780/- Rs. two crores
four lakhs sixty eight thousand seven hundred and eighty only.
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b) Purchase order No. 18125077 0E dtd. 01 Aug. 2018 and amendment

no. 01 dtd. 04.02.2020 you asked to deliver hoisting beam Code - 1
WPOFBNo. 86123 with one set of complete supply as mentioned in
documents with agreed net unit price Rs. 14,70,000/- Rs. fourteen
lakhs seventy thousand only.
2. That vide our tax invoice No. J.ESS-7775/Supply/Danieli/01F dtd.
31.12.2020 wherein as per payment term 10% payment against
performance bank guarantee for contract price for supply of wrapping
drum and support Rs. 2046878/- is payable. As per contract our client has
to submit Bank guarantee for this payment but our client raised Invoice
after over the bank guarantee period without giving bank guarantee,
whereas tax invoice no. ENG GST/20-21/118 cost of hoisting beam dtd.
29.08.20 with one set of all necessary chain as per LC was to be paid by
you Rs. 1587600/- is still unpaid.
4. That we have delivered the items as per your requirement. The last
consignment was delivered on 30.06.2019 yet the amount mentioned in
para 3 of this letter is not paid to us. We received message wherein for
some reasons of discrepancies you stated for holding the payment.
5. That my client in its mail dtd. 12.11.2020 replied you that he will bear
discrepancy charge & said to give confirmation to him after accepting by
return mail. Thereafter my client is trying to continue touch with you or
your officials vide my client's mail dtd. 19.11.2020, which was replied by
your mail dtd. 23.11.2020 by stating that some discrepancy found while
making good receipt note (GRN) for acceptance, will update you soon.
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Thereafter vide my client's mail dtd. 07.12.2020 which was replied by you
dtd. 08.12.2020 by stating "yesterday we received the documents, will
close the system related activities to enable LC acceptance within this
week". Thereafter my client sent mail on 11.12.2020, 18.12.2020,
24.12.2020, 28.12.2020, 07.01.2021, 21.01.2021 and 27.01.2021, but no
fruitful reply is received to my client.
6. In the meantime my client's Chennai representative Mr. Raman Murali
also visited to your office at least 4-5 times, but no one there was to even
entertain him.
7. It seems the payment as per LC is deliberately & illegally kept in hold
which is required to be paid immediately to my client which is in interest
of both the party.
8. That as per above description you are liable to pay the rest amount as per
my client's Bill No. JESS 7775/Supply/Danieli/01F dtd. 31.12.2020 i.e.
Rs. 2046878/- and Rs. 1587600/- for tax invoice no. ENGGST/20-21/118
dtd. 29.08.20, thus total due amount Rs. 3634478/- Rs. thirty six lakhs
thirty four thousand four hundred seventy eight only, which is payable
immediately.
Hence this notice is being issued to you to pay the amount as per LC Rs.
15,87,600/- Rs. Fifteen lakhs eighty seven thousand six hundred and balance
10% retention amount i.e. Rs. 20,46,878/- Rs. Twenty lakhs forty six thousand
eight hundred seventy eight only within fifteen days from receipt of this
notice. In case of failure to compliance of this notice, you will be liable for
interest 12% per annum on the amount alongwith 10,000/- ten thousand
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counsel fee of this notice. In such case my client will be forced to initiate
appropriate legal action against you and you shall be liable for all the cost &
consequences.
So take this Notice.
Date: .03.2021 Sameer Kumar Tripathi
Advocate, Durg