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LAW ee
OFFICES @ mail@osiatawotficos com
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Dated: 03 September 2023
To: (MIS G.S Marketing
~~ M-1S4, S/F, Block-M
Jagat Ram Park, ‘ar Chureh,
Laxmi Nagar-110092 Deth
(Herein after referred to as“
2) Ms. Geet
Authorized Partner, M/S G.
(Herein after referred to a:
Kind Attention: Ms Geetika
(Hereinafter collectively referred to as “You” /*Your”)
Sub: Demand Notice under Sections 138 and 142 of the Negotiable Instruments
Act, 1881, (the “Act”) on behalf'of Snap on Tools Pvt Ltd.
Dear Sir
We write to You for and behalf of Snap on Tools Pvt Ltd, a company incorporated
under the provisions of Companies Act 1956 and having its registered office $-353,
Panct
‘isheel Park South Delhi, Delhi 110017 and corporate office at 6/2, Begumpur
Khatola, Behind Grace Toyota Showroom, NH-8, Gurgaon-122004 (Haryana)
(hereinafter referred to as “Our Client”). Under instructions from Our Client, we put
‘You to notice in terms of the below mentioned.
Our Client is engaged in the business of manufacture and marketing of
Automotive Equipments and Band saw blades for industrial applications and
other activities permitted by Government of India.
You Noticee 1, are a company which is inter alia en
raged in the business of
dealing in Premium ‘Tools and is desirous of dealing in the Products and had
approached Our Client for the si
ne.
15-5579 0920827048 El contetasitnwicn comLO)
Jer the brand name
as been supplying You with Premium Tools u1
Our Client
m Tools in connection with Your
ATI, JUW, Other Premi
May 2019. During this period Our Client
ave placed upon it, to Your satisfaction and
Snap-On, Sioux,
exs since 2:
abovementioned bu
has fulfilled all orders that You
without any cause for complaint
Our Client has maintained a running account and ledger with respect to
deliveries made by Our Client and it was brought to Your attention that certain
diues remained payable by You beyond the agreed credit period.
In pursuance to Your contractual and legal obligations and in compliance with
this arrangement , Our Client received a cheque issued by You against the said
‘ifance. along with a categorical assurance that the same would be
outstanding
red. The details and particulars of the said cheque are mentioned
nereinbelow
Cheque Ni Particulars
Kotak Mahindra Bank, A/e No.
2711544873, in favour of Snap
on Tools Pvt Ltd.
Be
21 dated
September 2023
Our Client deposited the above-described cheque issued by You to their bank
Citibank (A/e No. 030000007989008) on 14® September 2023. Subsequently.
Our Client was shocked and dismayed to learn from its bankers that the cheque
had been dishonoured, with the Return Memos dated 16" September 2023
S wwwasialawoffices.comWe regret to inform that You have f2
ied to honour Your commitment and settle
the sums due to Our Client
grieved by such illegal and unjustifiable actions
of Yours, Our Client has been compelled to instruct us to issue the following
present demand notice upon You in terms of
ection 138 read with Section 142
of the Negotiable Instruments Act 1881 (hereinafter referred to as “the Act”),
In terms of the aforesaid sections of the Act, You are forthwith called upon to
make the said payment of INR 42,80,746/- on or within 15 (fifteen) days from
the receipt of this notice to make payment of the invoices accrued in favour of
Our Client, Please be informed that Your failure to do so shall result in legal
consequences, inclu
12 imprisonment for up to two years and/or a fine to the
extent of twice the amount of the dishonoured cheque, in terms of the Act.
You, Noticee 2, in Your capacity as Authorized Partner of Noticee 1 are
responsible for running the affairs of Not
I
cee 1 and have thus failed in Your
gal obligation to ensure the aforementioned cheques were honoured. It may be
further pertinent to point out that you have signed the said cheque. In doing so.
You have failed to exercise due diligence to prevent the commission of the
offence of dishonour of a cheque in terms of the Act. Our Client also reserves
the liberty to initiate separate legal proceedings, under the Indian Penal Code.
inst You for the offences of breach of trust,
1860, may be initiated
misappropriation of funds, and cheating, may be initiated against You.
In view of the aforesaid, we have been instructed to call upon You to pay Our
Client a sum of INR 42,80,746, i... the total sum of the dishonoured cheques as
described in this Notice. In the event of failure to remit such sum to Our Client
within 15 (fifteen da
from the receipt of this Notice, we have standing
instructions to file a complaint under Section 138 and 142 of the Act and / or to
S wnwasialawotfices.com
ullpursue any other or further criminal action, to the fullest extent permitted under
INR
law. Additionally, You are also called upon to pay Our Client a sum of
30,000, towa P feaaiif ‘ :
0,000, towards the legal fees that they have incurred for engaging us to send
e shall be
this instant leg
notice of demand. Failure to comply with this Noti
at Your sole cost, risk, and responsibility
Kindly acknowledge receipt this letter and consider Yourself put to notice in terms
hereof.
Regards,
Kavers Rawal,
Advocate
D/9829/2021
S wwwasialawoffices.com