R.M.

HADAPAD 32
BCOM. LL.B.
Advocate High Court
NAVI
OFFICE NO. 273, 2"FLOOR, SATRA PLAZA, SEC- 19, VASHI,
MUMBAI- 400 703, EMAIL: rhtm318@gmail.com

Registered A.D./Speed Post A.D./COURIER

20th June, 2023

To,
SUNIL MADHUKAR TAPASE
(PARTNER & 0WNER OF UDITA
SEAFOOD CO.)
Add: A/4, Room no. 112,
Near Runwal Plaza,
Dosti, MMRDA Building,
Vartaknagar, Thane West
Pin Code: 490606

Sir,
Under instructions and on behalf of my client Miss

NiloferMohdhussain Shaikh,residing at Virndavan Colony, Block

V11/81, Tilak Nagar,Chembur, Mumbai - 89,having his address at , we
have to address you as under:

1. My client state that you the Owner of UDITA FO0DSMr. Sunil

MadhukarTapase& Vinod MadhukarTapase came to my client
residents with one Mr. Prakash Gaikawad and said that sister if you
want income, we are on business of fish which will give you income on
monthly basis and in their usual course of business, they asked to invest
sum of amount Rs. 5,00,000/- (Five Lakhs Only) from my client and
one of her friend who also namely Kamal
Mhatrewere got agreed to
this deal, but after having a talking terms my client and her
friend gave
you sum of amount 1,00,000/- (ONE LAKHS ONLY) each
individually and said show us profit then we will decide to invest extra
 33
R.M.HADAPAD
BCOM. LL.B.
Advocate High Court
OFFICE NO. 273, 2ND FLOOR, SATRA PLAZA, SEC- 19, VASHI, NAVI
MUMBAI- 400 703, EMAIL: rhtm318@gmail.com

amountwhich you had promised to returned in the stipulated time of

monthly profit income basis of Rs. 4000/- p.a and being knowns to you
and your work my client gave you such amount in the trust of
saying
the words of promise to return the
same.
2. My client states that You i.e (Mr.
SunilMadhukarTapase) as he is doing
business so he wants half of money transfer from current bank
account.
As my client does not have current
account so she spoke with his
brother Mr. Prashant Kale who is having current
account, sO mutually
theytransfer the half amount from Mr. Prashant Kale's
current account
and half from the saving account of Ms.
Kamal Mhatre friend of my
client.

3. Somewhere my client and her friends had

given him the half
consideration outstanding amount of Rs. 1,00,000/- (Rupees ONE
LAKHS Only) on which you promised to return Profit from the
of 11" May 2022 and the gain was
month
Rs.4000 per month was given to us
by him on time, started from the
through your sweet & sugary talks,
you made my client believe that you are
expert in setting up all
investments and services related and alsO assured.
4. Somehow later on from the nonth of 9 July 2022 & on
2022 you paid us Rs.8000 afterthat they
8"August
started delaying from your
sides from returning the profits of the said
amount and started giving
excuses. Believing upon your mince talks and above
my client is on the stage for representations.
asking his own money to till date. But
failed to do so respectively.
 R.M.HADAPAD
BCOM. LL.B.
Advocate High Court
OFFICE NO. 273, 2ND FLOOR. SATRA PLAZA, SEC- 19, VASHI, NAVI
MUMBA|- 400 703, EMAIL: rhtm318 @gmail.com
5. My clients brother Mr.Prashant Kale called to Mr.Sunil

MadhukarTapase several times but he always gives false excuses only

to him.

6. After several call and visit at your place you had given a final latest
excuse that you will pay my clients amount fully before her festival
(Christmas) but again you failed to complete with your commitments.
by your aforesaid fraudulent misrepresentations, you induced my
clients and her friends to assign the said in your favour., by undertaking
the half outstanding amount of Rs. 1,00,000/- each individually with
the blind hope of returning of profits income on monthly basis therein.
7. My clients stated that you miserably failed to keep the promise and
even neglected from the asking of the returning of said amount,
Thereafter, my client and her friends claimed the refund of the amounts
paid to you in advance as you had failed and neglected return the said
advance amount of outstanding amount of Rs. 5,00,000/- (Rupees
FIVE LAKHS Only) which was / is lying with you for no reasons.
Which was individually paid by my client and her friends. As you were
not able to perform and act as per promised, you became liable to
refund/return back the said amounts to my client. You even agreed
and assured to repay/refund to my client the said outstanding amount of
Rs. 5,00,000/- (Rupees FIVE LAKHS ONLY).

8. My Client states that my client had approached to police station and

called upon you, then police called and asked about to pay the said
amount to my clients, again the same way you started giving excuses
only before the police station. It shows that you are harassing my client
 35
R.M.HADAPAD
BCOM. LL.B.
Advocate High Court
OFFICE NO. 273, 2ND FLOOR. SATRAPLAZA, SEC- 19, VASHI, NAVI
MUMBAI- 400703, EMAIL: rhtm318@gmail.com

and her friends mentally and financially by giving false commitment.

My client is in need of his own money as my client is the only one
bread earner of the house.

9. After much wait and repeated calls made to you, you had willingly and
voluntarily signed, issued and handed over 1blank cheque which was
dishonouredcheque bearing no. 000378 for Rs. 5,00,000/- (Rupees
FIVE LAKHS ONLY) ofICICI BANK LTD, COLABA BRANCH,
MUMBAI in name of UDITA SEAFOOD signatured by the
partner of the company which was drawn on SBI BANK, R.C.
MARG BRANCH, CHEMBUR EASTtowards the part
repayment/refund of the amount due and payable by you to my client.
However, when the aforesaid cheques was presented in my client
bankon SBI Bank RC MARGBranch, CHEMBUR on dated
10/04/2023 the same was returned unpaid alongwith remarks
ACCOUNT BLOCKED"theintimationswhereofwere received by my
client along with the MEMO OF CHEQUE" on date 11/04/2023
and Subsequently, my client contacted you and as expected you started
giving false excuses and assurances for the said dishonourments. You
again requested my client to wait further as youwere facing problems,
therefore, my client, in good faith, decided to give last opportunity to
you and decided to wait.

10. My client submits that after few months the client decided to
honouredthe cheque once again and the same got dishonouredthe said
ChequeBearing no. 000378 for Rs. 5,00,000/- (Rupees FIVE
LAKHS ONLY)of ICICI BANK LTD, COLABA BRANCH,
MUMBAI in name of UDITA SEAFOOD signatured by the
 26
R.M.HADAPAD
BCOM.LLB.
Advocate High Court
OFFICE NO. 273, 2" FLOOR, SATRA PLAZA, SEC- 19, VASHI, NAVI
MUMBA- 400 703, EMAIL: rhtm318@grnail.com

Parther of the company which was drawn on SBI BANK, R.C.

MARG BRANCH, CHEMBUR EAST, MUMBAI towards the part
repayment/refund of the amount due and payable by you to my chient.
However, when the aforesaid cheques was presented in my client bank
on SBIBank RC MARGBranch, CHEMBUR on dated 16/06/2023
the same was returned unpaid along with remarks ACCOUNT
BLOCKED" the intimations whereof were received by my
client along with the "MEMO OF CHEQUE"on date 16/06/2023
After gaining time, my client had to make regular calls and several
reminders to you for refund of the said amount but instead ofhonouring
your commitments, you again on one pretext or other further delayed
the payments towards my client's legitimate dues payable by you
herein to myclients.

11.Thereafter when you were contacted, you through your swindled talks
once again misled my client, You further assured my client that you
were ready and willing to refund the entire amount lying with you. Left
with no other alternative, my client relied on your said
assurances and
waited for your subsequent instructions.

12.My client state that right from the inception you had a
predetermined
and systematic plan to defraud my client and cheat them of their soft
nature. To actualize your ill motives, you made several fraudulent
representations and had showed deceptive image about you and your
promise to my client which in turn induced them to part away with
substantial sum of Rs.5,00,000/- (Rupees FIVE LAKHS ONLY).
Consequently, you became liable to repayment /refund of Rs.5,00,000
 34
R.M.HADAPAD
BCOM. LL.B.
Advocate High Court
OFFICE N0. 273, 2ND FLOOR, SATRA PLAZA, SEC- 19, VASHI, NAV!
MUMBAI- 400 703, EMAIL: rhtm318@gmail.com
(RupeesFIVELAKHS ONLY) paid bymy client's and her friends to you
and on my clients demand for the said refund, you agreed and assured
to repay the same. You have duped my client by deliberately
dishonoring your earliercheque twice viz cheque bearingno.O00378
for Rs.5,00,000/- (FIVE LAKHS ONLY) by mischievously thereunder.

13.My client states that my client gave you both ample opportunities and
showed good faith and trust in you. Despite of all their patience and
trust instilled in you, you had taken undue advantage of the same and
deceived my client by dishonoring the cheques, that you are liable to
repay to my client in view of non-action/non-performance of the
promise on your end. You have not only played fraud on my client but
are liable for committing fraud, criminal breach of trust and cheating
amongst other penal offences.

14. My client says that the said cheques were issued by you towards
discharge of legally enforceable liability, but you have deliberately got
the said chequesdishonoured and therefore you may be held liable for
criminal proceedings particularly under section 138 of the Negotiable
Instruments Act, 1881 as also under section 405, 406 and 420 of the
Indian Penal Code, 1860 and Code of the Civil Procedure Code, 1908.

In the circumstances mentioned hereinabove, you hereby called

upon to pay on to my client Rs.5,00,000/- (Rupees FIVE LAKHS
ONLY) due and payable by you to mny client under the
dishonouredcheques i.e. cheque bearing no. 000378 drawn on SBI
BANK, R.C.MARG BRANCH, CHEMBUR EAST together including
with the interest within a period of 15 days from the date of receipt of
 38
R.M.HADAPAD
BCOM.LL.B.
OFFICE NO. 273, 2MO FLOOR,Advocate High Court
SATRA PLAZA, SEC- 19, VASHI, NAVI
MUMBAI- 400 703, EMAIL: rhtrn318@gmail.corn

as notice, failing which my client will be constrained to adopt

Ppropriate legal action in the Criminal Court of law and prosecute you
under section 138 and 142 of the Negotiable Instruments Act,1331
which will be entirely at your own peril and costs, which please take
notice of.

Yours truly,

R.M.HADAPAD
Advocate, High Court.
MAH/4991/2012.

TAKE NOTE the matter can amicably settle by both parties.

 R.M.HADAPAD
BCOM. LL.B.
Advocate High Court
34
OFFICE NO. 273, 2ND FLOOR,SATRA PLAZA, SEC- 19, VASHI, NAVI
MUMBAI- 400 703, EMAIL: rhtm318@gmail.com

Registered A.D./Speed Post A.D./COURIER

20th June, 2023

To,
VINOD MADHUKAR TAPASE.
(PARTNER &OWNER OF UDITA
SEAFOOD CO.)
ADD: Buldgno. 35, Flat no. 605,
River Wood Park CHS Ltd,
Khidkali, DesaiNaka, Kalyan
Shill Road,Dombivali East,
Kalyan, Thane, Maharsahtra
Pin Code :421204

Sir,
Under instructions and On behalf of my client
MissNiloferMohdhussainShaikh, residing at Virndavan Colony, Block
/11/81, Tilak Nagar, Chembur, Mumbai 89, having his address at, we
have to address you as under:

1, My client state that you the Owner of UDITA

FOODSMr.
SunilMadhukarTapase& Vinod MadhukarTapasecame to my client
residents with one Mr. Prakash Gaikawad and said that sister if
you want
income, we are on business of fish which will give you
income on
monthly basis and in their usual course of business, they asked to
invest
sum of amount Rs. 5,00,000/- (Five Lakhs Only) from
my client and one
of her friend who also namely Kamal Mhatre
weregot agreed to this deal,
but after having a talking terms my client and her
friend gave you sum of
amount 1,00,000/- each individually and said show us profit then we will
decide to invest extra amountwhich you had promised to returned in the
stipulated time of monthly profit income basis of Rs. 4000/- p.a and being
knowns to you and your work my client gave you such amount in the trust
of saying the words of promise to return the same.

2 Mr. VinodMadhukarTapase state to my client that as he is doing business

So he wants half of money transfer from current bank
account. As my
 R.M.HADAPAD
BCOM. LLB.
Advocate High Court
OFFHCE NO, 273, 2ND FLOOR. SATRA PLAZA, SEC- 19, VASHI, NAVI
MUMBAI- 400 703, EMAIL: rhtm318@gmall.corm

Clhent does not have current account so she spoke with his brother Mr.
Prashant Kale who is having current account, so mutually they transter the
half amount from Mr. Prashant Kale's current account and half from the
saving account of Ms, KamalMbatre friend of my client.

3. Somcewhere my client and her friends had given him the half consideration
outstanding amount of Rs. 1,00,000/- (Rupees ONE LAKHS Only) on
which you promised to return Profit from the month of 11" May 2022 and
the gain was Rs.4000 per month was given to us by
him on time, started
from the through your sweet & sugary talks, you
made my clíent believe
that you are expert in setting up all investments and services related and
also assured.

4. Somehow later on from the month of 9h July 2022 & on 8" August
2022
you paid us Rs.8000 but after that they started
delaying from your sides
from returning the profits of the said amount and
started giving excuses.
Believing upon your mince talks and above representations, my client is
on the stage for asking his own money to till date.
But failed to do so
respectively.

5. Myclients brother Mr.Prashant Kale called to Mr.

Vinod MadhukarTapase
several times but he always gives false excuses only to him.

6. After severalcall and visit at your place you had given a final latest excuse
that you will pay my clients amount fully before her
festival(Christmas)
but again you failed to complete with your commitments. by your
aforesaid fraudulent misrepresentations, you induced my clients and her
friends to assign the said in your favour., by undertaking the half
outstanding amount of Rs. 1,00,000/- each individually with the blind
hope of returning of profits income on monthly basis therein.

7. My clients stated that you miserably failed to keep the promise and
even
neglected from the asking of the returningof said amount, Thereafter, my
client and her friends claimed the refund of the amounts paid to you in
advance as you had failed and neglected return the said advance amount of
outstanding amount of Rs. 5,00,000/- (Rupees FIVE LAKHS Only) which
 R.M.HADAPAD
BCOM.LL..
OFFICE NO, 273, 2ND Advocate High Court
FLOOR,,SATRA PLAZA, SEC- 19, VASHI, NAVI
MUMBAI- 400 703, EMAIL: rhtm318@gmail.com

was /is lying with you for no reasons. Which was individually paid by my
Client and her friends. As you were not able to perform and act as per
promised, you became liable to refund / return back the said amounts to
my cHent. You even agreed and assured to repay/refund to my
client the
said outstanding amount of Rs. 5.00.000/- (Rupees FIVE LAKHS
ONLY).
8. My Client states thatmy client had approached to police
station and called
upon you, then police called and asked about to pay the said
amount to my
Clients, again the same way you started giving excuses only before the
police station. It shows that you are harassing my client and her
friends
mentally and financially by giving false commitment. My client is in need
Of his oWn moneyas my client is the only one bread earner of the
house.

9. After much wait and repeated calls made to

you, you had willingly and
voluntarily signed, issued and handed over 1 blank cheque which was
dishonouredcheque bearing no. 000378 for Rs. 5,00,000/- (Rupees FIVE
LAKHS ONLY) of ICICI BANK LTD, COLABA BRANCH,
MUMBAI in name of UDITA SEAFOOD signatured by the partner
of the company which was drawn on SBI BANK, R.C. MARG
BRANCH, CHEMBUR EASTtowards the part repaymenttrefund of the
amount due and payable by you to my client. However, when the aforesaid
cheques was presented in my client bank on SBI Bank RC
MARGBranch, CHEMBUR on dated 10/04/2023 the same was
returned unpaid along with remarks ACCOUNT BLOCKED" the
intimations whereof were received by my client along with the MEMO
OF CHEQUE" on dated 11/04/2023 and Subsequently, my client
contacted you and as expected you started giving false excuses and
assurances for the said dishonourments. You again requested my client to
wait further as you were facing problems, therefore, my client, in good
faith, decided to give last opportunity to you and decided to wait.

10. My client submits that after few months the client decided to honoured the
cheque once again and the same got dishonoured the said Cheque
Bearing no. 000378 for Rs. 5,00,000/- (Rupees FIVE LAKHS
ONLY)of ICICI BANK LTD, COLABA BRANCH, MUMBAI in
 R.M.HADAPAD
BCOM. LL.B.
Advocate High Court
OFFICE NO. 273, 2ND FLOOR, SATRAPLAZA, SEC- 19,
VÁSHI, NAVI
MUMBA|- 400 703, EMAIL: rhtm318@gmail.com

name
UDITA SEAFOOD signatured by the partner of the
of

company which was drawn on SBI BANK, R.C. MARG BRANCH,

CHEMBUR EAST, MUMBAI towards the part repayment/refund of the
amount due and payable by you to my client. However, when the aforesaid
cheques was presented in my client bank on SBI Bank RC
MARGBranch, CHEMBUR on dated 16/06/2023 the same was
returned unpaid along with remarks *ACCOUNT BLOCKED"
the intimations whereof were received by my client along with the

"MEMO OF CHEQUE"on date 16/06/2023 After gaining time, my

client had to make regular calls and several reminders to you for refund of
the said amount but instead of honouring your commitments, you again on
one pretext or other further delayed the payments towards my client's
legitimate dues payable by you herein to my clients.

1. Thereafter when you were contacted, you through your swindled talks
once again misled my client, You further assured my client that you were
ready and willing to refund the entire amount lying with you. Left with no
other altermative, my client relied on your said assurances and waited for
your subsequent instructions.

2. My client state that right from the inception you had a predetermined and
systematic plan to defraud my client and cheat them of their soft nature.
To actualize your ill motives, you made several fraudulentrepresentations
and had showed deceptive image about you and your promise to my client
which in turn induced them to part away with substantial sum of
Rs.5,00,000/- (Rupees FIVE LAKHS ONLY). Consequently, you became
liable to repayment/refund of Rs.5,00,000/- (Rupees FIVE LAKHS
ONLY) paid by my client's and her friends to you and on my clients
demand for the said refund, youagreed and assured to repay the same.
You have duped my client by deliberately dishonoring your earlier cheque
dated bearing no.000378 for Rs.5,00,000/- (FIVE LAKHS ONLY)by
mischievously thereunder.

3. My client states that my client gave you both ample opportunities and
showed good faith and trust in you. Despite of all their patience and trust
instilled in you, you had taken undue advantage of the same and deceived
 R.M.HADAPAD
BCOM. LL.B.
Advocate High Court
OFFICE NO, 273, 2ND FLOOR. SATRA PLAZA, SEC- 19, VASHI, NA
MUMBA- 400 703, EMAIL: htm318@grnail.com

my
my client by dishonoring the cheques, that you are liable to repay to
the promise on your end.
Cient in view of non-action/non-performance of
for committing
You have not only played fraud on my client but are liable
fraud, criminal breach of trust and cheating amongstother penal offences.

towards discharge
4. My client says that the said cheques were issued by you
got the said
of legally enforceable liability, but you have deliberately
chequesdishonoured and therefore you may be held liable for criminal
proccedings particularly under section 138 of the Negotiable Instruments
Indian Penal
Act, 1881 as also under section 405, 406 and 420 of the
Code, 1860 and Code of the Civil Procedure Code, 1908.

In the circumstances mentioned hereinabove, you hereby called

FIVE LAKHS
upon to pay on to my client Rs.5,00,000/- (Rupees
ONLY) due and payable by you to my client under the
dishonouredcheques i.e. cheque bearing no. 000378 drawn onSBI BANK,
R.C.MARG BRANCH, CHEMBUR EAST together including with the
interest within a period of 15 days from the date of receipt of this notice,
failing which my client will be constrained to adopt appropriate legal
action in the Criminal Court of law and prosecute you under section 138
and 142 of the Negotiable Instruments Act,1881 which will be entirely at
your own peril and costs, which please take notice of.

Yours truly,

R.M.HADAPAD
Advocate, High Court.
MAH/4991/2012.
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