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To,

1. Mr.Vikaskumar K Kataruka, Director


Fashion Exim(India) Pvt. Ltd.,
277, Pragati Industrial Estate,
316, N M Joshi Marg , Mumbai-400011

2. Mr.Kishorekumar K Kataruka, Director


Fashion Exim(India) Pvt. Ltd.,
277, Pragati Industrial Estate.
316, N M Joshi Marg , Mumbai-400011

SUB. - LEGAL NOTICE

Sir,

Under the instructions of my client, Airlift (India) Pvt. Ltd., having


its office at 13/14, Adarsh Industrial Estate, Sahar Road, Chakala,
Andheri ( E) , Mumbai- 400 099 , I hereby send you legal notice as
under .

1. My client states that they are engaged in cargo agency


business inter alia of clearing and forwarding of goods
through air / sea transportation. My client are authorised
‘Break Bulk’’ agents for import and export goods. Through its
efficiency and competency, my clients have over the years
gained immense goodwill and reputation.

2. My client has informed me that you are having business


transaction with our Client Company since many years. My
clients informed me that you are one of the
Exporter Company and had booked shipments of importing
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and exporting cargo of Garments by air through my client’s


agency. My client placed in my hand copies of your Ledger
Account and invoices raised against you by my client,
statement of accounts maintained by my clients and
correspondence letters.

3. My clients state that you are the regular client of my client.


There were some consignments which came to be forwarded
through our Clients. My clients from time to time raised
invoices accordingly. My client states that whenever you use
to book an assignment, you use to give my client post-dated
cheques of the said consignment. My clients further inform
me that they use to deposit the cheque in the bank for
clearance on your instructions.

My client further states that as per the terms and conditions


mentioned and agreed upon by you, those bills are to be
cleared within 30 days of its receipt, failure to which 18%
interest shall be levied upon overdue amount.

4. My client further states that you made a payment of


Rs.27,663/-vide your cheque No 092629 on 06/01/2017
leaving a net balance due of Rs.1,18,793/- payable to my
client.

5. My client’s further states that on 5th August 2017 you


issued a cheque of Rs. 15000/- vide your cheque No 092719
but the same was returned unpaid on 7th August 2017. My
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Client from time to time have been requesting you, orally


and in writing, to release their legitimate dues of
Rs.1,18,793/-, but you paid no heed to it.

6. My client’s states that they sent many reminders and orally


requesting you to clear the outstanding dues alongwith
interest. My clients states that from time to time he is
sending you ledger copies maintained by his company with
reference to your company.

7. My client’s further states that earlier you used to attend my


client’s phone calls and you always assured that you will pay
the balance payment at the earliest. However, you have not
followed your commitment. My clients state that as per
their books of account the total outstanding payment as on
11th September 2017 is Rs.1,18,793/-which is the principal
amount you are liable to pay. You are further liable to pay
interest @ 18% p.a. on the said amount from the date it is
due.

8. In view of the above facts and circumstances, my Client


states that they have shown sufficient indulgence in the
matter and are not ready to wait further in order to recover
their legitimate dues from you and are constrained to initiate
necessary legal proceedings against you.

9. Under the circumstances, my client has instructed me to


send you legal notice, which I hereby do and call upon you
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to pay my clients the said outstanding payment amounting


to Rs. 1,18,793/- (Rupees One lakh eighteen thousand
seven hundred and ninety- three only. ) and interest @ 18%
from the date of its due till actual payment within a period of
Fifteen (15) days of the receipt of the present legal notice,
failing which my client shall be constrained to initiate
necessary legal proceedings both criminal u/s 420 of (IPC)
and civil suit against you. My client shall explore each and
every available legal remedy entirely at your own risk as to
costs and consequences thereof.

You are further liable to pay an amount of Rs. 5000/- by


way of cost of present legal notice.

Yours Sincerely,

Seema Chopda
Advocate High Court

CC:
Air Lift India Pvt. Ltd.

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