SARAVANAN G. LL.M.

, Mob: 9945844362
Advocate C -21/1, D.R.D.O. Township,
C.V.Ramannagar,
Bangalore –560093.
Email ID: srvnadv@gamail.com
__________________________________________________________________
Dated: .12.2021
Place: Bengaluru
THROUGH R.P.A.D.

To,

ANAND GANESH M.
Advocate
No.829, 5th Cross, 5th Main,
M.C. Layout, Vijayanagar
Bengaluru-560040.

Dear Sir,
Sub: REPLY TO YOUR LEGAL NOTICE DATED 27.09.2021
Ref: Your Legal Notice dated 24.11.2021 issued
on behalf of your client.

As instructed by my client namely, Sri. Suresh Chandrashekhar, Residing at

“Suverna Kripa” 2nd Cross, 2nd Main, MCO Layout, M.L. Purum, Bengaluru, issue
this reply to your legal notice dated 24.11.2021 issued by your office on behalf of
your client as under:
1. My client instructed me to state that the above legal notice dated
24.11.2021 came to the knowledge of my client only on 25.11.2021 when
he received the same.

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PRELIMINARY SUBMISSIONS/OBJECTIONS:

1. At the outset, I have instructions to state that your client has not apprised
you of the correct facts and has also concealed the above-stated notice
dated 24.11.2021 issued by your client, which resulted in the issuance of this
frivolous notice. It appears that your client has misrepresented the true facts
deliberately and has concealed its misdeeds and wrongs done against my
client. It is further stated that averments made against our client in the
subject notice are wrong, frivolous and misconceived, hence they are denied.
2. That the true facts relating to the present matter may be noted. My client’s
wife namely, Rekha Suresh W/o. Suresh Chandrashekar is a permanent
customer your client used to purchase jewellery from your client's jewellery
shop for a credit basis for the past ten years. During the course of the above
business relationship, the wife of my client had good faith in your client.
Besides, during the course of the above business, several times your client
said to the wife of my client that your client has a good financier who lends
sufficient loans to persons who desire to purchase the jewellery from your
client or to any other person who is in urgent need of money, and also said
that for availment such loan benefit is subject to furnishing the blank cheque
as well as necessary documents to secure the loan including the future rate
of interest.
3. My client instructs me to state that in the year 2020 my client's loan account
became NPA lying in the HDFC, and consequently the said HDFC Bank took
the physical possession of the mortgaged residential property of my client
U/s. 14 of the SARFAESI Act. since, restore the possession of the physical
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 possession of the mortgaged property from the said HDFC Bank, my client
required sufficient funds to repay the overdue loan amount payable to the
said bank. Therefore, mobilise the sufficient amount for about sum of
Rs.25,00,000/-, my client along with his wife approached your client
jewellery shop in February 2020 and sought to introduce the financier to
borrow the necessary loan to the extent of 25,00,000/-. However, your client
instead of personally introducing the financier to my client, told the client to
come after two days and besides, asked to bring a blank cheque and some
other necessary documents of the mortgaged property of my client.
4. My client instructs me to state that, the very next day my client approached
your client along with his wife and gave an alleged blank cheque bearing
cheque No.232066 signed by my client. After obtaining the alleged cheque
and necessary documents from my client, your client assured that he will
arrange the above-sought loan of Rs.25,00,000/- from the financier within a
week. My client believing the words and trust posed on your client past
several years waited for a week.
5. It is utter shock and surprise to my client that even after a week your client
did not arrange the above-sought loan as assured. It is a shock to my client
that your client informed my client that above said cheque bearing
No.232066 has been misplaced somewhere in the jewellery shop, therefore,
your client is requested my client to issue one more blank cheque of my
client. As my client arranged sufficient funds from other sources, my client
requested your client to return the above cheque as soon as the same is
found. On the other hand, Your client promised my client that he would
return it as soon as he got the cheque mentioned above.

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6. My client instructs me to state that due to the widespread of a pandemic like
Covid-19 both during the 1st wave and 2nd wave, my client did not meet
your client and besides, my client did not much worry about the so-called
misplaced blank-cheque since my clients retained good confidence and trust
in your client.
7. It is an utter shock and dismay to my client that he has received the above
legal notice issued by your client alleging that my client had purchased the
gold ornaments from your client's shop on 01.09.2021 bearing invoice
No.746 for a sum of Rs.1,56,902/-, and also purchased gold on 07.09.2021
bearing invoice No.761 for a sum of Rs.1,41,747/- total amounting to the sum
of Rs.4,85.500/-
8. My client instructs me to state that her wife namely, Rekha Sangeetha
admittedly purchased the gold ornaments only on the following days as
under:
No. Date of Invoice No. amount
Purchase
01. 20.06.2018 1864 Rs.34,218/-
02. 20.07.2018 921 Rs.13,226/-
03. 20.06.2020 1865 Rs. 58,071/-
------ --------------- total Rs.105,515/-
Repayment Rs.30,00,000/-
Total outstanding amount Rs.75,515/-

9. My client instructs me to state that my client’s wife purchased gold

ornaments only on the above-mentioned dates through vide invoices
No.1804, 921, and 1865 for the sum of Rs. 105,515/- from your client. My
client’s wife out of a sum of Rs.105,515/-, repaid a sum of Rs.30,000/- to your
client. Therefore, my client's wife is liable to pay the only balance amount for

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 a sum of Rs.75,515/- to your client in respect of vide invoice No.1867, 921,
1865.
10. My client instructs me to state that at no point in time did my client purchase
the gold jewellery in respect of vide invoices No.746 and 761. Hence your
client is liable to put the strict proof of the same. Due to the above financial
problems, neither my client nor the client’s wife had any gold purchasing
transactions with your client nor personally met your client till today from
the date of the last meetings in February 2020.
11. My client instructs me to state that he had given the cheque in question to
your client only to borrow the required loan facility from your client through
his third party financiers. When your client was informed that the above
cheque in question was misplaced somewhere in his jewellery shop, my
client arranged required funds from other financiers or friends. My client
asked the complainant to return the cheque in question as soon as he got the
cheque mentioned above but did not return the same and misused it instead.

12. Thus, it is obvious that the cheques in question have been presented with
malafide intention and with an oblique motive to harass and blackmail to
extort a huge sum of money from my client by misusing the above blank
cheque for the due repayment of the alleged claim in respect of the un-
transacted gold transactions alleged in your frivolous notice.
13. At the outset, it is pertinent to mention here that your client has concealed
the material facts from you thus, has misused your good office for getting
this false and frivolous notice issued against my client. Moreover, our client
also, at the outset, denies each and every averment made by your client in
the notice under reply save and except what has been specifically admitted
hereinbelow.
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14. It is regret to state that your client misused the trust of customers/clients
posed on your client having a good business relationship with your client and
consequently, my client and his wife suffered mental agony and torture on
account of cheating and misuse of trust on the part of your client and
therefore, same cannot be compensated in terms of money.

PARA WISE REPLY:

15. That the contents of Para No.3 of the subject notice are wrong and incorrect,
therefore, are emphatically denied. Hence, your client is liable to put strict
proof of the same. On the other hand, my client states that at no point in
time did my client purchase the gold jewellery in respect of vide invoices
No.746 and 761. Hence your client is liable to put the strict proof of the
same. Due to the above financial problems, neither my client nor the client’s
wife had any gold purchasing transactions with your client nor personally
met your client till today from the date of the last meet in February 2020.
16. In reply to para 4 and 5 of the notice is hereby denied and hence, your client
is put to strict proof of the same. It is reiterated that these cheques were
presented without any liability or any authority. The contents of preliminary
submissions and objections may also be read as part of the reply to this para.
17. In reply to the unnumbered part of the notice, it is stated that my client has
no liability to pay any amount and the subject notice and claim made therein
against our client is fictitious and frivolous. It is further stated that any legal
or other action initiated against our client by your client shall be entirely at
your client’s risk, cost and consequences and our client reserves every right
to initiate legal action for damages or other remedies from your client before
appropriate Forum/s, which kindly note.

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18. My client requesting your client to retain the video of relevant dates of the
so-called purchase of gold captured in the CCTV installed in your jewellery
shop as proof of so-called alleged transactions as alleged in your notice. In
case, your client either manipulates/fabricates original video as sought
captured in your CCTV to destroy the evidence, your client shall be liable to
be punished under the relevant provisions of the penal/special penal Laws.
Therefore, you are requested to call upon your client to withdraw the above legal
notice against my client henceforth and return the above cheque belonging to my
client, failing which my client will be constrained to initiate the appropriate legal
proceeding and also defend if the need arises at the cost and consequences of
your client.
Thanking you,

Yours faithfully

(SARAVANAN G.)
Advocate

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