To,

Dated: 19.01.2016

The Branch Manager,

ICICI Bank,
Hazratganj Branch,
31/54, Shalimar Tower,
Hazratganj, Lucknow,
226001
Re:

Legal Notice issued by my client dated 28.12.2015 & your reply to the
said notice dated 12.01.2016

Sir,
We are in receipt of your Reply to our notice dated 12.01.2016 to our Notice dated
28.12.2016, addressed to our client Sh. Subhash Chandra, S/o Bhola Prasad, R/o C5228 Rajaji Puram, Sector 12, Lucknow, 226017, U.P. It pains me greatly to state that
either we were unable to explain the offence made out or you have been unable to
comprehend the issue at hand, because the Reply to the Notice dated 12.01.2016 sent to
my client by you spirals into a tangent of platitudes and generalities. Let me make it
clear again for your convenience and easy comprehension the intent and purport of the
notice dated 28.12.2015, so that you are aware of the legal mishap you are sitting on.
At the cost of repetition, it is submitted that the issue arose by virtue of:

The illegal act of yours, wherein you the addressee acting on behalf of your
company went ahead and pasted an illegal notice under Section 13(4) of SARFESI
Act, on the property of my client at Plot No. 4, Khasra No. 616, Ward Alamnagar,

P.S. Para, Dist. Lucknow.

The abovesaid property belongs to my client, Mr. Subhash Chandra (sole title

holder) who was away, out of town for his medical and health needs.
The illegal notice posted on the property of my client was addressed to one Ms.

Poonam Khosla and one Mr. Puneet Khosla u/s 13(4) of the SARFESI Act.
Most importantly, the illegal notice posted by you referred to the Property No.

654, whereas it was posted on Khasra No. 616, Plot No. 4 belonging to my client.
The said illegal act of posting the said notice u/s 13(4) of the SARFESI Act, with
the intent of threatening and grabbing the property by fraudulently
misrepresenting and cheating my client prima facie invites provisions including
but not limited to Sections 415/420/447/453/467/468/499 of the Indian Penal
Code, besides tort and civil action under CPC for defamation and consequent
damages.

With the abovesaid facts set out in clear detail, my client addressed to you his
legal notice dated 28.12.2015. In reply of which your communication dated 12.01.2016,
responds in a haphazard manner without touching the point. Ambiguity isnt a virtue,
but inspite of this fact your reply skirts the issue without addressing the point. My client
is not under any liability whatsoever financial or legal to you. He is not aware who or
where your defaulter is. There is no inter se agreement between you and my client and
therefore no privity of contract and hence no question whatsoever of any default or
frustration. Meaning thereby, no legal relationship exists between the parties neither
under SARFESI Act, nor under any other statute or law whatsoever.
Therefore, in light of what has been repeated above painstakingly, you the
addressee are hereby again put to notice to withdraw the notice posted on the property
of my client. Further the name of one Mr. Mohd. Qayoom as mentioned by you in your
reply, may without prejudice to our rights, be directed to contact my client for
dissolution of the issue at hand, upon prior appointment and on my clients disposal.
Please take note accordingly.
Yours Sincerely,

__________
(Advocate)