Imperial Commercial Spaces, Office No.

F-1,
1st Floor, Pan Card Club Road, Baner,
Pune-411045, Maharashtra, India
Contact No. + 91 9766072991 | 9112072991
E-Mail: ipr@intellexempire.com
Website: www.intellexempire.com

SPEED POST/ REGD.AD

WITHOUT PREJUDICE

Date: 23/09/2022

Our Ref: LN123/09/2022

To,
Mr. Deepak Ashokbhai Rathod
(Proprietor, D.V International)
R/at: 401, Ashirvad Dreams, Near Mahadev Homes,
Vastral, Ahmedabad 382418.

Office Address:
D.V International, Shop No. 111,
First Floor, Tread Square,
Khokhra Cross Road, Maninagar, 380001.

Billing Address:
First Floor, F-190, Shukan Mall,
Near Pachamrut Bunglow,
Near CIMS Hospital Science City Road, Sola,
Ahmedabad, Gujarat, 380060.
Mobile No. - +91 7862994132/ +91 9173537768

Subject: - Legal notice for Recovery of Payment

Pursuant to the instructions from and on behalf of Our Client “Raizan Steel
Engg. Pvt. Ltd.” through their Managing Director named Mr. M. K. Shaikh and
General Manager Mr. A.K Khan, and its sister concern named “M.M.
Engineering” through their Proprietor named Mohammed Mutasim mujib Ur
Rehman, we hereby serve upon you this Legal Notice as under: -

1. That Our Client submits that “Raizan Steel Engg. Pvt. Ltd.” (hereinafter
referred as “Our Client 1”) is a Private Limited Company engaged in
business of Heavy Fabrication, Erection, manufacturing and supplying all
types of Engineering work, and carrying out business and trade in the
name of “Raizan Steel Pvt. Ltd.” since year 1998. The Company was
incorporated on 30.09.1998, having its registered office at: T-159,
Ground Floor, Midc, Bhosari, Bhosari, Pune-411026, Maharashtra.
The copy of the said Incorporation certificate is attached as
‘Annexure No.1’

2. That Our other Client named “M.M. Engineering” (hereinafter referred as

“Our Client 2”) is a sister concern “Raizan Steel Pvt. Ltd.” Which was
established as a proprietorship firm on 22/07/2021 That the firm is solely
owned by and in the name of Mohammed Mutasim mujib Ur Rehman
having office at: SN 26/1/2/2/1, Konark Indrayu Enclave -2, NIBM road,
Kondhawa Khurd, Pune, Maharashtra, 411048.
The copy of the said Proprietorship Registration Certificate is
attached as ‘Annexure No. 2

3. That in the year 2021, on one fine day Mr. Vikas Patel (who was working
in the purchase Dept of ONGC organization), one of the close friends of
Mr. Yogesh Panchal Alias Mr. Amit Patel, proprietor of Harsh
Engineering ( already an established business associate of our client
no.1 and 2) visited the factory site of our client no 1 and 2 and Mr. Vikas
Patel randomly suggested our client no 1 and 2 that it will be beneficial to
our client to establish business with your reputed/well established firm
named “D.V International”, having office address at: Shop No. 111,
First Floor, Tread Square, Khokhra Cross Road, Maninagar, 380001, for
growth of their business and assured them about timely payment upon
receipt of supply of material and further you had also promised client no
1 to help it find opportunities to directly supply material to one of your
 end customers named ONGC which is highly prestigious and reputed
company to work with. Upon suggestion and recommendation from
Mr. Vikas Patel our client no 1 and 2 had approached you for initiating
business activities to supply the material/goods to you.

4. That Our Client no 2 submits that in furtherance of discussion between

you and them, a P.O. DVI/21-22/457/008 dated 14/09/2021 was raised by
you in the name of “MM Engineering”. Wherein as per the terms and
condition mentioned in the P. O., you have duly agreed to Our Client to
pay the cost of the material supplied in the form of 30% advance i.e.
before delivery, 30% after delivery within 6-8 days of delivery and finally
rest of the 40% of payment will be remitted after delivery within 15-18
days. A copy of said P.O. is attached as ‘Annexure 3”

5. That upon receiving P.O. dated 14/09/2021 from you, Our Client started
manufacturing the material and the same was supplied to you on
22/09/2021 well within the stipulated time frame. That accordingly an
invoice dated 22/09/2021 was raised vide invoice no. is 04/2021-22 of
Rs. 15, 02,093/- (Rupees Fifteen Lakh Two Thousand Ninety Three
Only) which was duly accepted and acknowledged by you without any
dispute.
A copy of said Invoice dated 22/09/2021 is attached as ‘Annexure 4’.

6. That Our Client further submits that only to establish trust in the eyes of
Our Client, you had paid an amount of Rs. 4,00,000/- (Rupees four Lakhs
only) in cash as an advance against 30% advance payment term i.e.
before delivery. That relying upon the promise made by you to Our Client
and anticipating you an honest and trustworthy buyer/ purchaser, Our
Client no. 2 had dispatched the quoted material on 22/09/2022 at your
billing address First Floor, F-190, Shukan Mall, Near Pachamrut
Bunglow, Near CIMS Hospital Science City Road, Sola, Ahmedabad,
Gujarat, 380060- India. A Delivery Challan was issued by Our Client on
the same day i.e. 22/09/2022 whose challan No. is 04/2021-22
A copy of E-way bill is attached as ‘Annexure 5’.
A copy of the Ledger Account for the said Payment is attached as
‘Annexure 6’
7. That subsequent to the dispatch of material, you had further paid a sum of
Rs. 7,00,000/- (Rupees Seven Lakh only) through Internet Banking on
30.09.2021 in the name of M.M. Engineering. That afterwards, the final
Outstanding balance due at your end was Rs. 4,02,092/- (Rupees Four
Lakh Two Thousand Ninety-Two only) remained pending till date.

A copy of the Ledger Account for the said Payment is attached as

‘Annexure 6’

8. That Our Client no 1, again submits that, thereafter you called Our Client
on several occasions and requested him to visit Gujarat at your business
place on the pretext of discussing the business expansion plan together.
That pursuant to your offer for future business, Our Client no. 1 had
visited your office many a times.

9. That, on 01/10/2021, you again raised a P.O. dated 01/10/2021 vide P.O.
No. DVI/21-22/489/008 in the name of Our Client no. 1 for dispatching
the said material Wherein as per the terms and condition mentioned in the
P. O., you have duly agreed to Our Client to pay the cost of the material
supplied in the form of 30% advance i.e. before delivery, 30% after
delivery within 6-8 days of delivery and finally rest of the 40% of
payment will be remitted after delivery within 15-18 days. A copy of said
P.O. is attached as ‘Annexure 7”

10. That, upon receiving the P. O., Our Client no. 1 raised an Invoice dated
04/10/2021 vide invoice no. 199/BH/21-22 of Rs. 20, 99,880/- (twenty
lakhs ninety nine thousand and eighty hundred and eighty) for 26170 kgs
of MS Channel at the rate of Rs. 68 per kgs (Rupees Sixty-Eight only)
and also put forward a condition to first clear the previous due of Client
no. 2 which was Rs. 4, 02,092/- (Rupees Four Lakh Two Thousand
Ninety-Two only).
A copy of said Invoice is attached as ‘Annexure 8’.
 All the Invoices mentioned is giving below in tabular form

Sr.N
o. Invoice Date Invoice No Challan Challan Total Amount Payment Payment
Date No. with GST Received Pending
(Ann (Rs.)
exure
)

1 22/09/2021 04/2021-22 15, 02,093/- 4,00,000/-

2 04/10/2021 199/BH/21- 20, 99,880/- 7,00,000/-

22

3 TOTAL 36,01,973 11,00,000/ 25,01,973/

- -

Total Amount Pending – Rs. 25,01,973/-

11.However, you insisted Our Client no. 1 to dispatch the material as

mentioned by you in the P.O. on an assurance that you will make both
payments against invoice no. 04/2021-22 and 199/BH/21-22 together
without fail within a week approximately around 11/10/2021. On top of
this, you also invited our client no. 2 to your office of Gujrat for making
remaining pending payment and as promised to help our client no. 2 for
exploring business opportunities with ONGC,

12.However, unfortunately, when our client visited your office of Gujrat in

October, 2021, he got another jolt by noticing the closure of your office
and upon enquiry to Mr. Vikas Patel, our client no. 2 was informed that
you were involved in some personal issues and also assured our client no.
2 of the pending payment and not to be panic about his pending payment.
13.That after the delivery of aforesaid material against invoice no.
199/BH/21-22 at your billing address, Our Client requested tons a time to
make the payment of both pending invoice no. 04/2021-22 and
199/BH/21-22. That soon after the dispatch of second round of material
worth Rs. 20,99,880.80/- (Rupees Twenty Lakh Ninety-Nine Thousand
Eight Hundred eighty and Eight paisa only), you started ignoring few
calls of Our Client no. 1 and 2, slowly and steadily you restricted
answering the phone calls and messages. That, Our Client no. 1 and 2
were sending you several non-stop reminders for the same, however, you
kept on delaying the payment on some or other pretext. And soon after,
Our Client’s call was kept unanswered and started ignoring the messages
of Our Client.

14.That after the rigorous follow-up also made by the Our Client vide
telephonic calls and emails to release the payment due on priority, no
sufficient cause of action was taken by you. Therefore, it is now clearly
evident from your actions that you had malice intention to deceitfully
built trust in the eyes of Our Client by making payment of total rupees
11,00,00/- ( eleven lakhs only)and then subsequently placed huge order of
material which was dispatched without receiving any advance amount
based on trust.

15. Our Client submits that, after continuously and diligently following up
on several occasions with the you to release the outstanding amount due,
you had not only failed to pay the outstanding amount but also had not
paid any heed to the request made by the Our Client 1 and 2.

9. Further our client had filed an Not Criminally Responsible report with
PCMC police chowki on 23/05/2022 about you malice intention to
defraud our client
A copy of the said NCR is attached as ‘Annexure No. 9’

16.It is further submitted that, the Our Client had left with no other option,
was constrained to take legal route to recover the pending dues from you.
 17. Under these circumstances, Our Client hereby serves upon you notice for
the Recovery of Outstanding Amount and for Cheating Our Client and by
way of this Notice we empathetically call upon you to do the following
acts within fifteen days from receipt of this notice by you-

a. Clear all the pending outstanding amount of Rs. 25,01,372/- (Rupees

Twenty-Five Lakh One Thousand Three Hundred Seventy-Two only)
which is due towards Our Client 1and 2.
b. Furthermore, pay him a sum of Rs. 05, 00,000 /- (Rupees Five Lacs
Only) towards travelling, correspondence and other harassments those
have been meted to our Client due to your negligent and casual
attitude towards our Client 1 and 2.

Our Client states that, if you fail to comply with the above then, our
Client shall remain with no alternative than to initiate necessary
proceedings under the available legal provisions and/or remedies
including but not restricting to filing civil/ criminal complaints along with
section 420 of Indian Penal Code and breach of trust and all other
civil/criminal remedies as available to them, which please note and for
the costs and consequences you alone shall be held responsible.

Kindly take notice.

Kindly note that CC is retained in my office files for record and further
necessary action.

You are further required to bear the costs of this legal notice which stands at Rs.
25,000/-

Sincerely
Mohini Suryawanshi
ADVOCATE
INTELLEXEMPIRE