Arti Filaments Legal Notice

SOMDEV TIWARI
ADVOCATE
SUPREME COURT OF INDIA
Without Prejudice
By Speed Post/E-mail
DATE: 26/10/2020
TO,
M/S JALAN INTER DYE CHEMICAL,
SCF-12, KIDWAI NAGAR,
LUDHIANA-141008. … NOTICEE
RE: LEGAL NOTICE ON BEHALF OF MY CLIENT MR. KAMAL KISHORE

PODDAR, AUTHORIZED REPRESENTATIVE OF ARTI FILAMENTS
PVT. LTD. FOR NON-PAYMENT OF SHORTFALL AMOUNT AND
THE INTEREST BY YOU NOTICEE
Dear Sir/Ma’am,
Under the instructions and on behalf of Mr. Kamal Kishore Poddar, H/o 311,
Rajhans Complex, 3rd Floor, Ring Road, Surat-395002 (hereinafter referred to as “My
Client” or “my client”), who has been duly authorized by the Arti Filaments Pvt.
Ltd., I hereby serve upon you Noticee, the following legal notice for the non-
payment of shortfall amount and also the interest accumulated on account of delay
in making the payment for the goods supplied to you Noticee by Arti Filaments
Pvt. Ltd. The brief facts necessitating the present legal notice are:
1. That my client is an authorized representative of the Arti Filaments Pvt. Ltd.

which is a manufacturer and dealer of various forms of Yarn. The goods are
Office Address: A-114, LGF, Defence Colony, New Delhi |

(M.) 9979146898 | E-mail: adv.somdevtiwari@gmail.com
SOMDEV TIWARI
ADVOCATE
supplied to various buyers across the country and the Arti Filaments Pvt.
Ltd. has gained a certain reputation for the quality of the goods.
2. That you Noticee have been a regular consumer of the goods supplied by the
Arti Filaments Pvt. Ltd. and both the parties have been transacting since the
year 2018. The goods are supplied on the basis of demands raised by you
Noticee and thereafter, the invoices are generated towards the said supply of
goods.
3. That regarding certain invoices raised during the period from November,
2018 to March, 2019, you Noticee delayed the payment for the goods
supplied by the Arti Filaments Pvt. Ltd. and thereafter failed to make the
payment of the interest amounting to Rs. 3,35,740/- (Rupees Three Lakh
Thirty-Five Thousand Seven Hundred Forty only) accumulated on account of
the delay in making the payment for the supplied goods. Further, you
Noticee refused to make the payment against the shortfall amount of
Rs.18,17,939/- (Rupees Eighteen Lakh Seventeen Thousand Nine Hundred
Thirty-Nine only) towards the invoices raised for the supplied goods.
TRANSACTIONS AND UNPAID AMOUNT
4. That on 16.11.2018, Arti Filaments Pvt. Ltd. supplied the goods worth
Rs.15,79,149/- (Rupees Fifteen Lakh Seventy-Nine Thousand One Hundred
Forty only) to you Noticee and Invoice No. 55 and 56/T dated 16.11.2018
were raised towards the said transaction. You Noticee failed to make the
payment on time and only cleared up the dues by making delayed part
payments between 22.01.2019 and 28.01.2019. You Noticee failed to pay the
remaining shortfall amount Rs.74,493/- (Rupees Seventy Four Thousand
Four Hundred Ninty-Three only).

SOMDEV TIWARI
ADVOCATE
5. That moreover, since the payments towards the invoices dated 16.11.2018
were already delayed, you Noticee were also liable to pay the interest on
account of dealy. However, you Noticee have not paid the interest amount of
Rs.53,638/- (Rupees Fifty-Three Thousand Six Hundred Thirty-Eight only)
accumulated on said invoice.
Rs.19,34,557/- (Rupees Ninteen Lakh Thirty-Four Thousand Five Hundred
Fifty Seven only) to you Noticee and Invoices No. 765/AF dated 08.08.2018
was raised towards the said transactions. You Noticee failed to make the
payments on time and only partly cleared up the dues by making delayed
part payment on 12.09.2018. However, you Noticee have not paid the interest
amount of Rs.26,345/- (Rupees Twenty-Six Thousand Three Hundred Forty-
Five only) accumulated on said invoice.
Rs.22,42,467/- (Rupees Twenty-Two Lakh Forty-Two Thousand Four
Hundred Sixty-Seven only) to you Noticee and Invoice No. 881 dated
27.09.2018 was raised towards the said transaction. You Noticee failed to
make the payment on time and only cleared up the dues by making delayed
part payments between 29.10.2018 and 30.11.2018. However, you Noticee
have not paid the interest amount of Rs.38,348/- (Rupees Thirty-Eight
Thousand Three Hundred Forty-Eight only) accumulated on said invoice.
Rs.23,91,096/- (Rupees Twenty-Three Lakh Ninety-One Thousand Ninety-
Six only) to you Noticee and Invoice No. 899/AF dated 29.09.2018 was raised
towards the said transaction. You Noticee failed to make the payment on
time and only cleared up the dues by making delayed part payments
between 30.11.2018 and 15.11.2018. However, you Noticee have not paid the

SOMDEV TIWARI
ADVOCATE
interest amount of Rs.40,286/- (Rupees Forty Thousand Two Hundred

Eighty-Six only) accumulated on said invoice.
Rs.1,42,494/- (Rupees One Lakh Forty-Two Thousand Four Hundred
Ninety-Four only) to you Noticee and Invoice No. 909/AF dated 06.10.2018
was raised towards the said transaction. You Noticee failed to make the
payment on 15.11.2018. However, you Noticee have not paid the interest
amount of Rs.2,370/- (Rupees Two Thousand Three Hundred Seventy only)
Rs.17,53,670/- (Rupees Seventeen Lakh Fifty-Three Thousand Six Hundred
Seventy only) to you Noticee and Invoice No. 910/AF dated 01.10.2018 was
raised towards the said transaction. You Noticee failed to make the payment
on time and only cleared up the dues by making delayed part payments
between 19.11.2018 and 26.11.2018. However, you Noticee have not paid the
interest amount of Rs.42,085/- (Rupees Forty-Two Thousand Eighty-Five
only) accumulated on said invoice.
Rs.17,03,102/- (Rupees Seventeen Lakh Three Thousand One Hundred Two
only) to you Noticee and Invoice No. T/64, T/65 and T/66 dated 07.03.2019
were raised towards the said transaction. You Noticee failed to make the
payments between 23.10.2018 and 20.11.2018. You Noticee failed to pay the
remaining shortfall amount Rs.4,62,977/- (Rupees Four Lakh Sixty-Two
Thousand Nine Hundred Seventy-Seven only).

SOMDEV TIWARI
ADVOCATE
Rs.22,40,344/- (Rupees Twenty-Two Lakh Forty Thousand Three Hundred
Forty-Four only) to you Noticee and Invoice No. T/68, T/69 and T/70 dated
11.03.2019 were raised towards the said transaction. You Noticee failed to
make the payment on time and only cleared up the dues by making delayed
part payments between 20.11.2019 and 09.03.2019. You Noticee failed to pay
the remaining shortfall amount Rs.12,80,469/- (Rupees Twelve Lakh Eighty
Thousand Four Hundred Sixty-Nine only).
13. That moreover, since the payments towards the invoices dated 11.03.2019
were already delayed, you Noticee were also liable to pay the interest on
account of dealy. However, you Noticee have not paid the interest amount of
Rs.1,61,002/- (Rupees One Lakh Sixty-One Thousand Two only)
Rs.7,47,004/- (Rupees Seven Lakh Forty-Seven Thousand Four only) to you
Noticee and Invoice No. T/71 and T/72 dated 14.03.2019 were raised towards
the said transaction. You Noticee failed to make the payment and did not
clear up the dues. You Noticee failed to pay the entire amount of Rs.
7,47,004/- (Rupees Seven Lakh Forty-Seven Thousand Four only).
A copy of the Interest Report is attached herewith as Annexure-1. A copy of
the Invoices issued by my client is attached herewith as Annexure-2.
15. That my client has been acting as an agent and has always ensured smooth
delivery of the goods from the Arti Filaments Pvt. Ltd. to you Noticee on
time. However, you Noticee having failed to make complete payments for
the said goods have tarnished the reputation of my client as an agent. My
client, being an agent, had to make the complete payment due by you
Noticee to Arti Filaments Pvt. Ltd. and for which you Noticee are solely

SOMDEV TIWARI
ADVOCATE
and legally responsible. My client is a reputed businessman who is dealing

with various textile companies and the actions of you Noticee have adversely
affected the standing of my client in the industry.
A copy of authorization letter issued by Arti Filaments Pvt. Ltd. in favour of
my client has been attached herewith as Annexure-3.
16. That my client has been duly authorized by the Arti Filaments Pvt. Ltd. to
bring legal action against you Noticee for the recovery of due amount. The
perusal of the above facts clearly shows that you Noticee are liable to pay an
amount of Rs. 3,35,740/- (Rupees Three Lakh Thirty-Five Thousand Seven
Hundred Forty only) towards the interest on account of delay and the
shortfall amount of Rs. 18,17,939/- (Rupees Eighteen Lakh Seventeen
Thousand Nine Hundred Thirty-Nine only) along with interest @18% p.a. to
my client.
In view of the above facts and circumstances, you Noticee are hereby directed to
clear the dues amounting to Rs. 3,35,740/- (Rupees Three Lakh Thirty-Five
Thousand Seven Hundred Forty only) towards the interest amount and Rs.
18,17,939/- (Rupees Eighteen Lakh Seventeen Thousand Nine Hundred Thirty-Nine
only) along with interest @18% p.a. and pay the same to my client within 15 days
of the receipt of the instant notice. In the event of failure to comply with the
same, the undersigned has been instructed to initiate appropriate civil
proceedings against you in the court of law for the recovery of the due amount.
Further, the undersigned has instruction to initiate criminal proceedings against
you for the commission of offences under Section 406 and 420 of the Indian
Penal Code.
Kindly note that the instant notice is being issued to you Noticee without
prejudice to any rights/claim/contentions and remedies, legal or equitable,

SOMDEV TIWARI
ADVOCATE
available to my client and should not be treated as a waiver of any remedy, civil
or criminal, available to my client.
Copy retained.
Yours Sincerely,
Somdev Tiwari
Advocate


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SOMDEV TIWARI

RE: LEGAL NOTICE ON BEHALF OF MY CLIENT MR. KAMAL KISHORE

1. That my client is an authorized representative of the Arti Filaments Pvt. Ltd.

Office Address: A-114, LGF, Defence Colony, New Delhi |

TRANSACTIONS AND UNPAID AMOUNT

Office Address: A-114, LGF, Defence Colony, New Delhi |

Office Address: A-114, LGF, Defence Colony, New Delhi |

interest amount of Rs.40,286/- (Rupees Forty Thousand Two Hundred

Office Address: A-114, LGF, Defence Colony, New Delhi |

Office Address: A-114, LGF, Defence Colony, New Delhi |

and legally responsible. My client is a reputed businessman who is dealing

Office Address: A-114, LGF, Defence Colony, New Delhi |

Office Address: A-114, LGF, Defence Colony, New Delhi |

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