SWAROOP OORILLA Off: # 10-3-32/9/57, Street

No.8,
HIGH COURT ADVOCATE OppTaraporewalla Nursing
Home,
East Marredpally,
Secunderabad – 500026.
Email:
swaroop.legal@gmail.com
☎: 040-48516951,
(M):8978454545.

To:
Shri.Amit Goel, Dated: 9.12.2021
Advocate,
M/s.Goeal & Associates,
B 45-46, IInd Floor,
Pandav Nagar,
Delhi – 110092.

Sir,

Sub: Reply Notice to your Notice dated 3.11.2021 – Reg.

1. Under the instructions of my Client M/s. Zee High School(Life

Kare Educational Society)Rep. by its Director, Mr.Anantha

Reddy, Office at D.NO.4-136, Survey No.194-196, LNE Beside

Canara Bank, Old National Highway, Hayathnagar, Hyderabad,

Telangana – 501505, I do hereby issue the following reply notice

to your Notice dated 3.11.2021:

2. Before adverting to the parawise averments made in your notice

dated 3.11.2021, my client would like to give the factual position

of the issue involved for proper understanding of the same:

3. That my client states that M/s.Life Kare Educational Society has

entered into agreement with your client on 18.11.2008 and as

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Swaroop Oorilla
High Court Advocate,
Continuation Sheet…..

per the agreement it was promised by your client that they would

provide educational services related to school management,

Knowledge and expertise in the domain of education as pre-

condition, however your client has utterly failed in providing the

services as stated supra. Further my client states that the

cardinal reason for entering the agreement with your client is to

see that our client would have an advantage in terms of

branding of the company however your client had utterly failed in

providing the brand value and services as promised despite

relentless complaints about the deficiency of services made to

your client through regular emails from time to time.

4. That my client states that the gross mismatch between the

content which was prescribed by CBSE and the Worksheets

provided by your client was huge setback to my client’s school

and though it was informed to your client several times it was left

unanswered and your client also failed to provide the

innovations in the content, methodology and in the teachers

training programme which also left unanswered despite several

requests made by my client through e-mails. My client further

states that the major setback to sustain huge loss is that your

client has not supplied ‘Litera Gear Kits’ as promised and many

students who have taken admission form and paid for the ‘Kit’
2
# 10-3-32/9/57, Opp Taraporewalla Nursing Home, East Marredpally,
Secunderabad – 500026; Off: 040-48516951; (M) 8978454545;
email: swaroop.legal@gmail.com
Swaroop Oorilla
High Court Advocate,
Continuation Sheet…..

have cancelled their admissions due to the delay in supply of

Kits and this was also specifically communicated to your client

many times through e-mails, however your client has been least

bothered about any of the difficulties and problems faced due to

to the volte-face behaviour from your client and which caused

huge loss to my clients which tantamount to more than Rs.1.00

crore.

5. That my client states despite all the above impediments my

clients have paid royalty to your client till the year 2017 which is

nothing but payment of royalty for deficient service believing that

your client would one day respond to the e-mails of my client

divulging all the difficulties and problems faced by my client but

to the utter surprise, shock and dismay your client has showed

scant respect to the correspondence made by my client urging

all the grievances and also to the huge loss incurred by my

client.

6. That my client states that CBSE Board & the Government of

Telangana had presaged all the schools not to sell any books

that included the worksheets and other related services

including teacher training from outside and any such outside

teacher training programme was also not recognized by the

3
# 10-3-32/9/57, Opp Taraporewalla Nursing Home, East Marredpally,
Secunderabad – 500026; Off: 040-48516951; (M) 8978454545;
email: swaroop.legal@gmail.com
Swaroop Oorilla
High Court Advocate,
Continuation Sheet…..

CBSE Board and our client was also under obligation to employ

a CBSE Board recognised trainer for our client’s school which

also incurred additional cost to my client’s school.

7. Further your client has suppressed the fact that your client had

already issued legal Notice dated 24.10.2019 through your

client’s earlier counsel and for which my client had already given

an elaborate reply dated 6.12.2019 claiming Rs.1.00 Crore

damages for the huge loss sustained by my client in view of the

breach of the several conditions and as well as for the reasons

stated supra.

8. Therefore in view of the above stated reasons my client is

entitled to receive an amount of Rs.1.00 Crore towards loss

sustained due to failure of providing the services as promised by

your client and my client through this reply notice also demand

payment of the same within two (2) months from the date of

receipt of this notice.

9. Now my client will be giving detailed reply to your notice dated

3.11.2021 which is as stated below:

10. In reply to Para Nos.1 to 3 of your Notice dated 3.11.2021, my

client states that as per the agreement it was promised by your

4
# 10-3-32/9/57, Opp Taraporewalla Nursing Home, East Marredpally,
Secunderabad – 500026; Off: 040-48516951; (M) 8978454545;
email: swaroop.legal@gmail.com
Swaroop Oorilla
High Court Advocate,
Continuation Sheet…..

client that they would provide educational services related to

school management, Knowledge and expertise in the domain of

education as pre-condition, however your client has utterly failed

in providing the services as stated supra. Further my client

states that the cardinal reason for entering the agreement with

your client is to see that our client would have an advantage in

terms of branding of the company however your client had

utterly failed in providing the brand value and services as

promised despite relentless complaints about the deficiency of

services made to your client through regular emails from time to

time. That my client states that the gross mismatch between the

content which was prescribed by CBSE and the Worksheets

provided by your client was huge setback to my client’s school

and though it was informed to your client several times it was left

unanswered and your client also failed to provide the

innovations in the content, methodology and in the teachers

training programme which also left unanswered despite several

requests made by my client through mails. My client further

states that the major setback to sustain huge loss is that your

client has not supplied ‘Litera Gear Kits’ as promised and many

students who have taken admission form and paid for the ‘Kit’

have cancelled their admissions due to the delay in supply of

5
# 10-3-32/9/57, Opp Taraporewalla Nursing Home, East Marredpally,
Secunderabad – 500026; Off: 040-48516951; (M) 8978454545;
email: swaroop.legal@gmail.com
Swaroop Oorilla
High Court Advocate,
Continuation Sheet…..

Kits and this was also specifically communicated to your client

many times through emails, however your client has been least

bothered about any of the difficulties and problems faced by my

client due to the volte-face behaviour from your client and due to

which my client had sustained huge loss of more than Rs.1.00

crore. That my client states despite all the above impediments

my clients have paid royalty to your client till the year 2017

which is nothing but payment of royalty for deficient service

believing that your client would one day respond to the emails of

my client divulging all the difficulties and problems faced by my

client but to the utter surprise, shock and dismay your client has

showed scant respect to the correspondence made by my client

urging all the grievances and also to the huge loss incurred by

my client to the tune of more than a Rs.1.00 Crore.

11. In reply to the averments made in Para 4 & 5 of your notice

dated 3.11.2021, my client states that since your client has

committed breach of condition No.2 i.e., by not providing various

tools as promised by your client such asZee Learn made false

promises regarding admission of Kidzee Play School Students

to Zee High School, Hayathnagar which never happened, and

also promised in one of their meetings regarding integration of

Tablet PC’s in to the curriculum which never happened, the

6
# 10-3-32/9/57, Opp Taraporewalla Nursing Home, East Marredpally,
Secunderabad – 500026; Off: 040-48516951; (M) 8978454545;
email: swaroop.legal@gmail.com
Swaroop Oorilla
High Court Advocate,
Continuation Sheet…..

need of which my client felt during this pandemicyou’re your

client had alsomade false promises of marketing the school on

the print and their associate media channels which are as they

promised. Your client had also promised new innovations in

curriculum which they failed to do miserably and the smart

boards which your client made us buy were utter useless and

created lot of problems for teachers and lastly the training

courses to teachers which your client promised were not

efficient and were not recognized by CBSE and all these are

sacrosanct for the smooth functioning of my client’s school

which never took place and also subjecting my client to a great

affront and ignominy from the parents of the school children as

such your client is not entitled to any royalty since 2017 and my

client had also mentioned about the same in detail in its earlier

reply notice dated 6.12.2019. Further though your client allowed

using the goodwill of the brand your client never facilitated in

any manner to allow my client to use the same for my client’s

school. Further my client states that as per Clause 18 of the

agreement dated 18.11.2008 my client is also equally entitled to

claim damages and also is entitled for injunctive relief against

your client for the breach of the conditions of the agreement

dated 18.11.2008

7
# 10-3-32/9/57, Opp Taraporewalla Nursing Home, East Marredpally,
Secunderabad – 500026; Off: 040-48516951; (M) 8978454545;
email: swaroop.legal@gmail.com
Swaroop Oorilla
High Court Advocate,
Continuation Sheet…..

12. In reply to Para No.6 of your Notice dated 6.11.2021, my client

states that till the period your client has provided tools as

stipulated in the agreement my client has cleared all the

outstanding dues with respect to the payment of royalty till 2017.

When your client stated committing breach of conditions of the

agreement my client was constrained to stop making payments

as my client was facing severe affront from the parents of the

children as to availability of tools which are supposed to be

provided by your client as per the agreement.

13. Further my client states that your client had not responded to my

client’s reply notice dated 6.12.2019 which is nothing but a

deemed admission of contents mentioned therein. My client

further states that the agreement is no longer in existence as the

tenure of the agreement period is already completed my client

had already taken steps for change of school name through

proper channel. Further my client denies the fact that my client

has agreed for payment of Rs.2,800/- per student per year

towards royalty payment and the said fact is incorrect and it

appears the same is invented for the purpose of your legal

notice dated 3.11.2021.

8
# 10-3-32/9/57, Opp Taraporewalla Nursing Home, East Marredpally,
Secunderabad – 500026; Off: 040-48516951; (M) 8978454545;
email: swaroop.legal@gmail.com
Swaroop Oorilla
High Court Advocate,
Continuation Sheet…..

14. In reply to the Para 7 to 10 of your legal notice dated 3.11.2021,

my client states that my client denies that your client is trying to

contact my client infact it is my client who has been constantly

corresponding with you through e-mails but none of them were

responded by your client. Further my client denies that your

client has informed my client about the decision of willing to

continue with Zee School Brand. Further my client states that

your client has utterly failed in providing Kits within the time after

filling up of the admissions to the students due to which several

students have also cancelled their admissions which has

ultimately incurred huge loss to my client’s school. My client had

various complaints regarding the lack of services provided by

your client and the same was evidently informed by my client to

your clientand yet your client has failed to address the same and

hence your client has breached the terms of the Agreement

dated 18.11.2008 and consequently my client cannot be held

liable to pay any amount to your client. This is a clear admission

on the part of your client that your client has not addressed any

of the issues raised by my client.

15. In reply to Para No.16 of your Notice dated 24.10.2019, my

client states that you have once again failed to provide any

details as to how you have estimated that my client is liable for

9
# 10-3-32/9/57, Opp Taraporewalla Nursing Home, East Marredpally,
Secunderabad – 500026; Off: 040-48516951; (M) 8978454545;
email: swaroop.legal@gmail.com
Swaroop Oorilla
High Court Advocate,
Continuation Sheet…..

an amount of Rs.42,00,000/- and since your client itself has

admitted that it is only an approximate amount and is not being

the same, my client at the outset denies the same and defies the

said liability.

16. In reply to Para No.11 to 14 of your Notice dated 3.11.2021, my

client states that as already stated in the preceding paras, your

client has suppressed various facts including earlier reply notice

dated 6.12.2019 before you and got the legal notice dated

3.11.2021 prepared with false information and my client denies

all the contents raised in the legal notice dated 3.11.2021 and it

your client in turn had to compensate my client for the loss

sustained during the period from 2017 till 2021 for which my

client is already taking steps in accordance with law.

17. In view of the above stated reasons, my client instructed me to

state that you may advise your client to forthwith drop the Notice

dated 3.11.2021 and be restrained from making any illegal and

baseless claims.

18. Further my client states that he is entitled under Clause 18 of

the agreement dated 18.11.2008 to claim damages for the loss

sustained due to the breach of the conditions of the agreement

and the same is quantified to an amount of Rs.1.00 Crore

10
# 10-3-32/9/57, Opp Taraporewalla Nursing Home, East Marredpally,
Secunderabad – 500026; Off: 040-48516951; (M) 8978454545;
email: swaroop.legal@gmail.com
Swaroop Oorilla
High Court Advocate,
Continuation Sheet…..

towards for the loss sustained due to failure of providing the

tools/services as promised by your client and my client through

this reply notice also demand the payment of the same within

two (2) months from the date of receipt of this notice failing

which my client will be constrained to initiate appropriate legal

action against your client for which your client will be held

responsible for the costs and consequences arising thereof.

Please note that the cost of this notice is Rs.25,000/- which shall
be borne by your client.

(SWAROOP OORILLA)

11
# 10-3-32/9/57, Opp Taraporewalla Nursing Home, East Marredpally,
Secunderabad – 500026; Off: 040-48516951; (M) 8978454545;
email: swaroop.legal@gmail.com