,1

IN THE COURT OF METROPOLITAN MAGISTRATE ~3 COURT

AT BALLARD PIER, MUMBAI
C.C NO. OF 2022

M / s. Dabur India Ltd.

A Company Register under Companies Act, 1950

Through its Authorized Signatory

Mr. Manish Kulkarni

H/A Office at, Dabur India Ltd., Dabur House 43 Nagindas

Master Road, Fort, Mumbai - 01 )... Complainan t

Versus

Swami Enterprises, (22020025)

: r-: <. • .:. -: -"'V}'II
" .. ~:. '. :~:\. 'hrougb Authorized Signatory,
,' "

/}t" , :,:' rr . Ajay Govind Tambe

([:'. .' )hikle Nagar, Jail Road,

'J ear Gaj an an Medical, Nasik

Nasik Road, Nasik-42210 )... Accused

APPLICATION FOR CONDONATION OF

DELAY OF 1 DAYS IN FILING THE
COMPLAINT.

MAY IT PLEASE YOUR WORSHIP

I, , Mr. Ma n is h Kulkarni aged abollt years,'

the Authorized Representative above named :.Complainan't

above named

under:-
1. I say that' I am authorized representative of the

complaint above named I am aware about fact of the

case and will be able to depose of about correctness of

the same.

2. I say that I have filed the above complaint u y s . 25 (1)

of Payment and Settlement Act 2007 against the

Accused on the grounds mentioned in the inter alia.

3. I say that in the above matter the legal notice was sent

to Accused on 22.09.2022 duly posted on 23.09.2022

By RPAD and the same was return with postal remark

not claimed on 07/10/2022 to the complainant and

hence it can be presume the above notice served upon

the accused and he aware a b out the issuance of the

said notice and therefo re the pre se n t com plai n tIS

required to be filed within 45 d a y s from the receipt of

the notice i.e. till 22.11.2022 but the Complainant

could not file the above complaint as officer of the

complainant was urgently require to go out of Mumbai

for attending a business problem on behalf of the

company and return only on 22nd Nov 2022 and

therefore there is delay of 1 days in the filing above

complainant could not able to

the complaint with in stipulated time i .e . 22nd

Nov 2022.
 4. That de lay of 1 days In filing the complain t by the

Complainant was not knowingly or willingly but the

same was due to the unavoidable circumstances and

illness of the Complainant and h e n ce it is necessary

that the delay of 1 days in filing the above complaint is

allowed to be condoned in the interest of justice and

on the terms this Hon'ble Court may deem fit and

proper.

5. That no harm and prejudice will be caused to the

Accused if the delay is allowed to be condoned wherein

great prejudice, hardship and monetary loss will be

cause to the Complainant if the delay is not condoned

and the Complainant has good case on merit and has

every chance to succeed in the matter.

It is therefore pray:-
(a) That delay of 1 days in filing the above complaint
be allowed to be condone in the interest of justice
on the terms this Ho rible Court may deem fit and
proper;
(b) Any other and further reliefs as this Hon'ble
Court may deem fit and proper;

AND FORE THIS ACT OF YOUR WORSHIP'S Iij'NDNES'S,

t !
' ..':.
THE COMPLAINANT SHALL EVER BE OBLIGiE:D.
Date:
 IN THE COURT OF METROPOLITAN MAGISTRATE __ COURT
AT BALLARD PIER, MUMBAI
C.C NO. OF 2022

M/ s Dabur India Ltd Through

Its Authorized Signatory
Mr. Manish Kulkarni

Versus

A M Distributor

AFFIDAVIT OF COMPLAINANT IN SUPPORT OF THE

CONDONATION OF DELAY APPLICATION

I, Mr. Manish Kulkarni, aged about years, the

Authorized Representative Complainant above named, do'

hereby state and submit on solemn affirmation as under:-

1. I say that I am well con versan t with the facts of the

above application on the basis of my own knowledge.

2. I say tha t whatever s ta ted in my 'ccrid ona tion of delay

application may be treated as part and parcel of this

Affidavit. I repeat, reiterate and confirm all the

s t a tements and avermen ts and s ub mi s s io n s- made in

the delay application.

3. say that the reasons mentioned In the delay

application for not filing the complaint in the situated

 time IS caused not knowingly or willingly but due to

the unavoidable circumstances and illness of the

Complainan t as mentioned the delay application and

hence it is necessary that delay in filing th e above

complaint be allowed to be condoned in the interest of

justice.

4. I say that whatever stated in the delay application is

true to my knowledge and I believe the same to be

true.

Advocate. ~mplainant Complain an t

 VERI FICA TION

I, Mr.Manish Kulkarni, aged about 4.3 years, the

Complainant above named do hereby swear and state that

what is stated hereinabove is true to my own knowledge,

belief and information which I believe the same to be true.

Solemnly declared at Mumbai

This ~ay of November, 2022
vy
.:«
Before me,

SR No 9 r~ ., -'""
, '''' ..~:_) ,L.-r PNo.>, ..... 3.l:.... ,
~OTARY R . .' .
eglster .~, i, "'Oat "\
'_;)'().': ' e~ j'rt \JV2---
 IN THE COURT OF METROPOLITAN
MAGISTRATE __ COURT AT
BALLARD PIER, MUMBAI
C.CNO. OF 2022

M/ s Dabur India Ltd Through

Its Au thorized Signatory
Mr. Manish Kulkarni

... Complainan t

Versus

A M DISTRIBUTORS
...Accused

APPLICATION FOR CONDONATION OF

DELAY OF 9 DAYS IN FILING THE
COMPLAINT.

Dated this 2-~!~''day of November 2022

MR. SHIVKUMAR MISHRA

Advocate for the Complainant,
22nd Raja Bahadur Mansion,
2ndFloor,Mumbai Samachar Marg,
Fort, Mumbai - 400 003.
BEFORE THE HON'BLE __ 8M-t~.--Q4-c£..COURT

AT MUMBAI

C.C.NO. OF 2022

MIs, Dabur India Ltd through its

Authorized Signatory Mr. Manish Kulkarni ...Complainant

..
Versus

Swami Enterprises ...Accused

INDEX

Sr. No. Particulars Page No.

1. COMPLAINT

2. Exhibit A Colly.
Copies of Tax Invoice dated 29.7.2022

3. Exhibit B Colly.
Copies of said payment details

4. Exhibit C Colly.

Copy of NACH (National Automated

Clearing House). Dishonoured details

dated 1.9.2022

5. Exhibit "D" Colly.

 ("'opy of demand notice and proof of
posting. The Complainant further
states that the said notice is returned
under the postal remark "Not
Claimed" by the postal department on
23.10.2022.

6. Exhibit "E" Colly.

Copy of the unclaimed packet.

7. Memo of Address
8. List of Documents
9. Vakalatnama
Last Page
BEFORE THE HON'BLE

AT MUMBAI

c.c. NO. OF 2022

MIs Dabur India Ltd. )

Having address at )

Dabur India Ltd., Dabur House, 43, )

Nagindas Master Road, Fon )

Mumbai- 400 001 )

Through its Authorized Signatory )

Mr. Manish Kulkarni )...Complainant

Versus

Swami Enterprises (22020025) .,...) Order "

omplaint is f'I
..... .
<;d ' ed rOday
Through Authorized Signatory }:,for argument I r~· \ ,.
r-

) o_ It . e:,-./"I''l!TlfiC-:'fl<>'"I",'h
......

Dr. Ajay Govind Tambe )

M1\1
Dhikle Nagar, Jail road )

Near Gajanan Medical )

Nasik Road, Nasik-422101 )

Mobile No.8445187534 )...Accused

'I'
 COMPLAINT UNDER SECTION 2.$~

OF·flb~.jf~~-tr~.~-'-=;-:,

ACT,~®l

MAY IT PLEASE THIS HON'BLE COURT:-

1) The Complainant herein is an India Ltd. Company

involved in the manufacturing of Health Products, and

having its address as mentioned in the cause - title above.

The Complainant Company is represented through its

authorized signatory namely, Mr. Manish Kulkarni,

designated Zonal Head, who is conversant with the facts

of the matter in hand.

2) . The Accused herein is a distributor, and is currently

conducting the day - to - day affairs of his business from

the alternate address mentioned in the cause - title

hereinabove.
3) The Complainant 'states that the Accused herein had

placed an order for daily products (hereinafter referred to

as "the said goods") with the Complainant Company on

or about August, 2022, and that on receipt of such Order

by the Complainant Company at the behest of the

Accused, the Complainant had in compliance with the

said Order - supplied and delivered the said goods to the

office of the Accused, then having its address at "Shop

No.1, Ground Floor, Sector No. 36, Komothe, Navi

Mumbai -_410 209 and Contact No. : +91_98679 53741".

The Complainant states that neither was any complaint

made, nor was any dispute ever raised by the Accused in

respect of the quality and/or quantity of the said goods

supplied by the Complainant to the Accused herein.

Hereto annexed and marked as "Exhibit-A" collectively

are copies of the Tax Invoices dated 29.07.2022, which

are reflective of the fact of delivery of the said goods to

the Accused.

'.'
 4) The Complainant states that following the receipt of the

said goods the Accused had, in discharge of its liability,

issued six NACH (National Automated Clearing

House) to the Complainant. Hereto annexed and marked

as "Exhibit - B" is a copy of the said NACH payments,

the details of which are reproduced as under:

Sr. No. NACHNo. Date Amount

01. 315449 30.7.2022 1,04,800.32/-

Total 1,04,800.32/-

5) The Complainant states that despite issuing NACH to the

Complainant, the Accused were for reasons best known

to them, delaying the making of payment to the

Complainant for delivery of the said goods. The

Complainant further states that it was due to the delaying

tactics of the Accused, that one of the NACH issued by

the Accused, i.e. the NACH dated 23.08.2022, lapsed.

The Complainant humbly submits that such conduct on

; 'f~;'~;
.....
-c ' ,
,
" ,\,
 part of the Accused by itself clearly establishes the Mens

Rea of the Accused as it makes it patently clear that the

Accused was not ready and willing to make payment of

the amounts due to the Complainant pursuant to the

delivery of the said-goods.

6) The Complainant states that thereafter, the Complainant

had acted upon the assurances given by the Accused and

had deposited all NACH with its banker namely, HDFC

Bank. However, to the utmost shock and surprise of the

Complainant, the NACH issued by the Accused were

dishonored and intimation came to be provided to the

Complainant by its banker vide the Memo dated

24.08.2022 and 15.09.2022, respectively. That the reason

for the dishonor of National Automated Clearing

House, as reflected in the abovesaid Memos read as

"BALANCE INSUFFICIENT" and "REFER TO

DRA WER ". Hereto annexed and marked as "Exhibit -

C" Collectively are the copies of the NACH issued by

 the Accused / Memo issued by the Bank dated

24.08.2022 and 15.09.2022, respectively.

7) The Complainant states that the Complainant had

telephonically informed the Accused as regards the

dishonor of NACH and that at first the Accused had time

and again given false assurances to the Complainant as

regards making of due payments. That thereafter, the

Accused repeatedly assured and convinced the

Complainant to deposit the said NACH as well as the Re

NACH with a promise that the said NACH would be

duly honoured. That believing the assurances of the

Accused, the Complainant deposited the NACH on

24.08.2022 however, the Complainant was once again

shocked to learn that the NACH deposited by the

Complainant were once again dishonoured and the same

was informed to the Complainant vide Banker Memos

dated 14.09.2022, 15.09.2022 and 24.09.2022,

respectively, and that the reason for dishonor was once

 agam stated as "BALANCE INSUFFICIENT" and

"REFER TO DRA"'ER".

8) The Complainant states that the. repeated dishonor of

NACH issued by the Accused, including dishonor of

NACH deposited in furtherance of the persuasion and

instruction of the Accused, clearly establishes that the

Accused was well aware that the said NACH could not

be honoured and despite such knowledge, had

deliberately instructed the Complainant to deposit the

same. That the said conduct also shows that there was no

real intention on the part of the Accused to honour the

said NACH and that the Accused has knowingly and

intentionally issued NACH to the Complainant for the

purpose of temporary pacification of the Complainant on

receipt of the said goods. Thus, it is humbly submitted

that the abovesaid conduct of the Accused is clearly

reflective of the mala - fide and oblique motives of the

 Accused behind non - payment of debts towards the

challans.

9) The Complainant states that following the abovesaid i.e.

repeated failure on part of the Accused to honour such

payments as have become due in respect of receipt of the

said goods, the Complainant was compelled to issue a

statutory notice dated 22.09.2022 to the Accused, thereby

calling upon the Accused herein to clear all dues by

making payment of such amounts as have become

payable in respect of the dishonored NACH issued for

the purpose of payment towards the receipt of the said

goods within a period of fifteen days from the receipt of

the said Notice. The Complainant further states that the

said Notice was sent through RPAD, as has been

mandated under the Negotiable instrument act, 1881.

Hereto annexed and marked as "Exhihit-D" Collectively

are copies of the Statutory Demand Notice and proof of

posting.

" . . ,
.'1 \
10) The Complainant humble states and submits that the

abovementioned Demand Notice has been returned by

the Postal Department with the postal remark dated

23.10.2022 and reading as ·'Not Claimed". Hereto

annexed and marked as "Exhibit -E" is a copy of the

unclaimed packet / cover reflecting the abovementioned

postal remark i.e. "NOT CLAIMED."

11) The Complainant states that to this date, the Accused has

neither replied to the Demand Notice issued by the

Complainant, nor has the Accusedmade any endeavor to

clear the dues that have become payable in .respect of the

receipt of the said goods by the Accused.

12) The Complainant further states that the said Accused had

issued the abovesaid NACH with the knowledge that

despite such issuance, the NACH could not and therefore

would not be honored, and had malafidely and

intentionally induced the Complainant to part with the

goods under the belief that the payment by way of

 NACH for the same would be effected and honored as

and when presented.

13) The Complainant states that as mentioned above, the

Accused induced the Complainant to part with the goods

without making payment in respect of the same, and that

by continuing to abstain from making payment despi te

the issuance of Demand Notice, the Accused herein has

committed an offence under Section 138 of the

Negotiable Instruments Act, 1881, and has therefore

opened himself up to prosecution under Section J. s: C_ ') (9 p--

7 the "rr":":' Act,JJTPf

14) The Complainant states that the banker of the

Complainant to which the NACH were sent for clearing

falls within the Jurisdiction of "M.A. Marg Police

Station" which in turn comes within the jurisdiction of

this Hon 'ble Court and hence, this Hon 'bIe Court has the

jurisdiction to try, entertain and dispose off the matter in

hand.
15) The Complainant states that the present Complaint has

been filed within the limitation period and the same is not

barred by limitation. The Complainant further states that

no other Compliant has been filed in any other Court

touching the subject matter of the present Complaint.

16) The Complainant states that the Complainant is placing

reliance upon certain documents and witnesses, the list of

which is annexed herein under.

The Complainant therefore prays that:

a) This Hon'ble Court be pleased to take the case

on file;

b) This Hon'ble Court be pleased to sumrnonj f~tt¥t>J..f

and punish the Accused according to law for

the offence committed; ~ )!, ~ sCi) e }G~r

I / .s ~~r~rc)rp1
c) That costs of the complaint be provided for;
 d) Such other and further reliefs as this Hon'ble

Court deems fit and proper;

~~

Place: Mumbai ~nant

Dated!J.$11112022

Advocate for Complainant

•• -r.,

', ~ :._ }" <.' ,,- -,'"

( .- .'
 VERIFICATION

I, Mis Dabur India Ltd, Through its Authorized Signatory, Mr.

Manish Kulkarni, aged ---years, Having address at; Dabur India

Ltd., Dabur House, 43, Nagindas Master Road, Fort, Mumbai-

400 001; the Complainant Company above named do hereby

state on solemn affirmation that whatever is stated above is true

and correct to best of knowledge and 1 believe the same to be

true and correct.

Solemnly affirmed at Mumbai )

Dated this ~th November, 2022 )

BEFORE ME:
<5 --
~_I ~ . y___L.___-
s. r~.t·t Naqvi
NO-rARY
Government of India
~urnba; & Thane Dist

SR No . .}.D'1:) PNo .~ ....._~

~TARy ReglstEu 5~-stPate..,_..---..-
19t>il~
BEFORE TIlE HON'BLE __ B~~COURT

AT MUMBAI

c.c. NO. OF 2022

Mis Dabur India Ltd ...Complainant

Versus

Swami Enterprises ...Accused

Memorandum of Address

Dabur India Ltd

c/o

Shivkumar Mishra

Advocate Bombay High court

2211dRaja Bahadur Mansion,

2ndfloor, Mumbai Samachar Marg,

Fort Mumbai-400023

I
I
BEFORE THE HON'BLE ESPLANADE COURT I

AT MUMBAI

C.C. NO. OF 2022

MIs Dabur India Ltd ...Complainant

Versus

Swami Enterprises ...Accused

Memorandum of Address

Dabur India Ltd

c/o

Shivkumar Mishra

Advocate Bombay High court

22nd Raja Bahadur Mansion,

2nd tloor, Mumbai Samachar Marg,

Fort Mumbai-400023
BEFORE THE HON'BLE ______8r).~:p-~9\_COURT
AT MUMBAI
C.C. NO. OF 2022

Mis Dabur India Ltd ...Complainant

Versus
Swami Enterprises ...Accused

LIST OF DOCUMENTS

1) copies of the Tax Invoice dated 28.7.2022

2) Copy of NACH Memos issued by the Bank;

3) Copy of Notice dated 22.9.2022;

4) Copy of Proof of Posting;

5) Copy of packet returned as not claimed;

LIST OF WITNESSES

1) Complainant represented by India Ltd Company.

2) Officer of the Company of the complainant.

3) Any other witness with the permission of the Hon'ble

Court.

Advocat
 IN THE LD. METROPOLITAN MAGISTRATE -- COURT

AT '~~j)_fJ;~UMBAI

CC NO. ------ I 12022

Mis Dabur India Ltd. ... Complainant

Versus
Swami Enterp-rises ...Accused

AFFIDA VIr UIS. 202 OF CR.P.C.

I Mis Dabur India Ltd. It's Authorized Signatory Mr. Manish

Kulkarni, age; ----years, having office at Dabur House, 43,
Nagindas Master Road, F O1t, Mumbai -400001; do hereby state
and declare on solemn affirmation as under;

1. I say that I am working with Dabur India Ltd. Company

having office is the Jurisdiction of this Hon'ble Court and
bank Account is subject matter of this case is also within the
same Jurisdiction.
2., I say that The Accused is the sole Proprietor of the Company
having address at Shop No.1, 2, C wing, Shiv Shruti
Deshmukh Nagar, Opp. MK Collage, Agra Road,
Kalyan, _ Kalyan
I ..' .,_
Domivali-421301; which is out of
\,',i' ' J~ris;~iS,ti,91\~fthis Hon' ble Court.
t ,'I ~••' •

3. I say that whatever stated herein above are true and correct I

to the best of my' knowledge and I believe the same to be

true.

~
 VERIFICATION

I, Mis Dabur India Ltd, Through its Authorized Signatory, Mr.

Manish Kulkarni, aged ---years, Having address at; Dabur India

Ltd., Dabur House, 43, Nagindas Master Road, Fort, Mumbai-

400 001; the Complainant Company above named do hereby

state on solemn affirmation that whatever is stated above is true

and correct to best of knowledge and I believe the same to be

true and correct.

Solemnly affirmed at Mumbai )

Dated this~th November, 2022 )

~~--~ \

C~nant

BEFOREMF;
3'~J
S. IV) ,,; ~ - II ~ . c~
, . ,_~",~:. f\J a (i\/f
No ,f#~,f:~Y
Government of tnrl"
IIhurnbai & Thane r)j~~
SR No , ( Qc>
~ T ~ ", Pf~o ' ... ~~
,
o ARr Regl Sler
+ ~
' 0 . ' ... ' ••
", - ate"
. ffT11Vti
,"

C
::z:

'_:;

w w w m
o o o o

~ ex>
'"
U1
U1
U1 o
8 8 8

.. ..
o
o
o
:-'
ex>
N
to

'"
0>

o
w
w

w
o
m
o
..
ex> '"o

-f)
r,
/

"J:7
N v.:
U1 '"
<n '"en 0; r-,
U1 o
8 "
o 8 "
o 8 8
ex>
'"
0> 8
~ .'"
N
crt

v,
00

o o ·0
8 8 8

_.
o
~
CT>
<n
o o
o
'".o
U1
ato
U1
m
o
m
....,
W
to
o
?)
~
0
ex>
~
...3 -
~
S;,
I
w
N o "
01
"
to
to
'"
- I'>
"
0:> 0:> » V\ N
0
c
0
c
VI
VI :E N
0
::::J
c. o.
::::J oq'
::::J
» N
::::J ::::J ........ ........
U1 l.~
3 3: 0
0
m N
()Q ()Q t1)
(") (") eo CXl
....
::::J V\
eo ec Z
eo
....., oe -1
...... m
ID \D ;:c
~ .!:> "0
Ci' CT. ;:c
'W
N
w 0
1;1.:
c
QO iii
0 b 0 s m
V\
ex> ....., .....,; OQ

N N r-..; 0
0
N
N
0 CIJ
N r-..; t1)
N N
c ...
C
0
n
..... c
ex>
0 3
t1)
0
...2
LA;
0 ..... ::::J
0 U1
ex> .!:>
-.J .j>. 0
V1 I..C
0:>
0
C
N
Z
-.J
"...
.....
t1)
t1)
Z N t1)
N
0 0 ::::J
n
I~ It); t1)

CI ::0
;JJ <~
"C

\~
N W I:)
w 0 0
0
ex>
0
....., rC
N N
0
N
0
N
....
CIJ
t1)
N N

W "0
N
w
0
=
0
...
VI

::::J
~
ex> '4. OQ
N N o
0 0 CIJ
N N
L8'
.....
.!:>
0
N
N
0
s Z
....
t1)

ID ex> C
N N c
t1)
0 0
N IV

~
N
s~
~~
0:>
("\
::::J
»
(").
()Q ::r:
n 0:>
::r o
()Q
VI C
g- Z
(")
o. m
N CI
W
o
o
ex>
Z
N
N W
N
aex>
<,
N
o
N
N
I
Z
.V1
 .,

N
 CD ~
--, .>
~tIl
o
ro ;:::! Ts:n' »
r+
VI -I
C ~ »
~ ~
o :::r
C-o
.., ro
OJ
--, Vl iil'.2" •
n 3
..., -.
""'I
::J ro
.., ii; ..,
0.7J
» CP
o
o n
o
:r~
3 :t
....
;:I;'"
n- Ff;' r-TCJJ
:::r-
o
o 0.
ro
II) QJ
°
r-t-
OJ
n til
0-0 :J, n
n -,
.....
.j:::.
.....
:J
r+
!I!
""'I

J:
x:
ro ;;_..,ro
C
(1) ri ;:;:
c:;~ I'D
OJ
Q~ -< OJ
..... VI
-0
-0 5i 0 ~~
-t
.j:::. <: :::r
o
-0 ~o..., til
~.
ro
Q)
00
.....
n
Z
--, , N o
::J til o
ai' -12 OJ ro
r-r to
o
r-t-
(1)
lQi--, - a.
g 0 o
til
g:) z o
r-t-
ro c:;::J o
-0
til
rt
Ci~
-oN
OJ ~
::J ,
"'ro
§
to
o ro V1 ~-o
::J W
OJ OJ ' ;:=tro
<
o ;::;-0 :::rtll
--, ro
z
-< ro ro ::J
Q)
a. 3
OJ ~ ~ OJrt
tIlrt I'D
n =;:::; o zr
C!: c:;-< ::J (1)
o ro 0 m
::J - --, Z
cr 0.7J""" "1lro
C n -I
-c
n
&~
rt'N
::J 0
~C3.til
m
::0
-0
ro V1 ::0
ro 0.---- >-<, Vi
OJ
:J,
...,
,-0
I
::J
til
ro
rt m
::J
to
o ro C C
..." , Vl
:3 :, ::!l::J
zr rt::J Q, ro
o :::rtll ro a.
C
til
ro Gr ::Jc:;
(1)
(ti ~
~-<
r-t-
.gj ro zr
ro
~ a.
e-t-
<' c:;
=
~,

ro
til
rt
ro ro

-
::J O'l ::0
n OJ
0-0
OJ
n- o (1)

O' o
-3-0
o =: o z
--,n ::J o o
OJ OJ 00
r;2:ro V1
.....
til o
N
~n 0=r
o :3
C
»
::J
rt
:::r 3
.....
rt -,
, --,
a.
(ti
:;' OJ
til til
rt
OJ o
::J ::J
n til
ro ......
n-
ro
o ~n 3
,..,. Vl
:::r n ro
ro
,..,. a ..0
, til
(1) Z
OJ a. o
::J
til
OJ
n
OJ o
rt a .j:::.
0' ::J
to
::J
til
--, ~
ro ;;:
rt :::r
,
C
::J
OJ
::J
ro -<
a. ,
c:; ro
n
-< o
--,
n-
:::r a.
ro n
a. OJ
til
(1)
(1)
til
n-
:;' ~ »
OJ
cr., :::r a...,
o n' Q)

::J :::r
c:; :::r
OJ OJ
til
::J
c:; -
'" ro
ro n -
:J CP
Q)
0
ro ro
::0
n- ::J o til
c OJ til Q)
:::r 3 n til
31 ::J ::::!, 0
,~ n nro "0 :J
ro' .....
::J 0'
...... ::J

I
 Date 28.09.2022
REGD. A. D. / U. C. P.

To:
SWAMI ENTERPRISES(22020025)
Dr. Ajay Govind Thambe
Dhikle Nagar, Jail Road, Near Gajanan Medical
NASHIK RD,
Nashik- 42210 l
Mob No. 8445187534

Subject:- Demand notice for the sum of INR. 1,04,800.32

We have to address you as follows:
P ursuant to t he P urchOd
ase r ers place
I d by you, we h ave supp I'Ie d an d so ld to you un d er teo
h D IIOWl ng Invoice:

Drawn Date of Nach

Invoice No. Dated Amount (Rs.) Cheque
of invoice. on Nach bouncing
No
bank Booking date

5118887946 30.07.2022 1,04,650.32 Under 22.08.22 23.08.22

Bouncing C 150 NACH
1,04,800.32

You have accepted the Products without any demur and any objections of any nature. whatsoever.

You have in discharge of your liability/debt under the aforesaid invoice issued above mentioned Cheque for the sum of
Rs.1,04,800.32 drawn on under NACH.

We have presented the aforesaid NACH for payment. The said NACH was returned unpaid by your bankers for the
reason "F009-INSUFFICIENT FUNDS"

In the circumstances, we call upon you to pay to us the amount of the aforesaid dishonored NACH within 15 days of receipt
of this Notice, failing which, we willbe constrained to adopt such proceedings as may be advised entirely at your risk as
to costs and consequences. This Notice be treated as a statutory Notice under Section 138 of The Negotiable Instruments
Act.

,1""'\. Please note that failure on your part to comply with the aforesaid requisition within 15 days from the date hereof, you and
all your personnel responsible for the conduct of your business, shall be deemed to have committed an offence under
Section 138 read with Section 142 of The Negotiable Instruments Act and shall be liable for punishment with an
imprisonment (or a term which may extend to one year or a fine exceeding five thousand Rupees.
Yours faithfully,

For DABUR INDIA LTD.

(A",~"''''''''Y)
P.S. Please ignore this notice if already paid

GSTIN: 27AAACD0474C1
ZS CIN : l24230D11975PlC007908 EmaillD : (.Qillcol1ll!l.~daQ_I.J'!:.''!:Q_"!
Dabur India Ltd. Dabur House. 43. r-JaQindasMaster Road, Fort, Mumbai - 400001. Phone: 4921 3838 Fax:91 (22) 6639 0633/38
Corporate Office: Kaushambl, Sahtbabad,Ghaziabad (U.P.).Tel. : 0120-3001000,3982000Fax: 0120-2777816-17
 IN THE COURT OF THE LEARNED riAETR0POa+T'A:fI!t
MAGISTRATE'S __ .._.._ (:OURT .A.T~_-'"
__ MuM:SAlL

~\i)q"",' ~).e;y~te C ')_)_1) U,O J-S ) :., I ·t

d}\. m Q&0~ Ram'~ ) .,. -

I~l

~ u'b-h ~-(
"',

~o..J , NVAY )
"

r~ AS:C~I'fd",
(ijarv>n t"1~oJ, NM k ~oJ!~ p-_ 4-'1-W/1 Re.. pc·ndi: n'tt·,

I. ~ u-d/ iJ~
/1:~~~umbail
,o,((!\
__ ; I ereby appoint
, \
; i .dvocate to appear tor me/us as my/QtH Ad)Jo:c;at'e~

_'r,""': .V' In witness whereof I/We have set m'lf0U~ hand;:; to t.r;;~ '\I1f~ti~9~j."
.~. 'f"~:\ . '.~~?)

Dated this £ day of N'ttV ' 202.l-

- "

.~ ,j,c c e pted

;i, I.d ...;ocate,~gh Court

}J .r4~
S'liiV"~~ '.' '.>
Advo
22 no "':at"
~ dahadv(
'r.>
. Mansi
80'b •
ay Hi'
"' - "g h ¢e U rt
M,Shra . :....
'. "- •
'!
OPP. SBI Main on, 2nd:F/oor, Mumbai S
Acv. COde' Branch, rOrl, Mumb . amachar Marg,
o' Adv. Reg. N~
r'.15560 " al·40D 023.
~ t·;- . te No.:- 986M7AH/414/201S
. 'n, . 014549' .
. . d(1 Sku11ar1985@g'fn";'"
·.. ·(Om
. . ,;t'_- .'_
- _!J

""" '; ~
 CHALLAN
MTR Form Number-6

GRN MH010551243202223E I BARCODE II 11111 " 111111" 11111111111111111111111111111111 1 Date 14/11/2022-16:16:081 Form 10

Department Chief Metropolitan Magistrate, Bombay Payer Details

JUDICIAL STAMPS TAX 10 I TAN (If Any)

Type of Payment Superintendent of Stamps.
PAN No.I:lf Applicable) AAACD0474C

Office Name MM COURTS AT ESPLANADE Full Name OABUR INDIA LTD

Location MUMBAI

Year 2022-2023 One Time Flat/Block No. OABUR HOUSE

Account Head Details Amount In Rs. Premises/Building

43 NAGINDAS MASTER ROAD

0030033901 Court Fee Stamp 8905.GO Road/Street

ArealLocality FORT MUMBAI

Town/C itylDistrict

I _.
PIN \4\0\010\0\1

t--- Remarks (If Any)

- DABUR INDIA LTO Vs. SWAMI ENTERPRISES

-- -
·olal -
Amount In Eight Thousand Nine Hundred Five Rupees Only
vmenl Details !
STATE BANK OF INDr•.
8,905.00 Words
i
Cheque-DO Details
FOR USE IN RECEIVING BANK
,/00 No.
:

l3ank CIN Ref. No. 00040572022111451779 CKV3868778 i

Bank
-. BaR!e RBI Date 14/11/2022-16:17:46 Not Verified with RBI
'ancn
STATE BANK OF INDIA
'0 : Scroll No., L

Not Verified with Scroll

Mobile No.: 9819240218

Page 111

Print Date 14-11-202205:41 :05

..
(_

Mis Dabur India Ltd Through

its Authorized Signatory
Mr. Manish Kulkarni ...Complainant
Versus

Swami Enterprises ...Accused

DatedJlth Nov., 2022

1{7(~
~lf2<,f23
9> ,\ ~
6S\\o\rry
\'1\\~y

Shivkumar Mishra
Advocates for Complainant
22nd Raja Bahadur Mansion,
2nd floor, Mumbai Samachar Marg,
Fort, Mumbai-400023
Mb. 9867014549