CONFIDENTIAL AND PRIVILEGED INFORMATION

VIDUR AGNIHOTRI
ADVOCATE
Office at : W-151, Greater Kailash-I, New Delhi-110048
Ph: + 91 9999992344 / 011-35552664
Email:agnihotri_kamal@yahoo.co.in Dated: 28.04.2023

LEGAL NOTICE

TO,
MR. ANISH KALRA ,
S/O MR. H.C. KALRA
R/O H.NO 12A, MALVIYA NAGAR, NEW DELHI

SUBJECT: CANCELLATION OF AGREEMENT TO SELL DATED 15.10.2022

UPON DIRECTIONS AND ON BEHALF OF MY CLIENT, MRS. ANJU KUMAR,

RESIDENT OF L-22, KAILASH COLONY, NEW DELHI, [HEREAFTER
REFERRED TO AS ‘MY CLIENT’] I HEREBY SERVE YOU THIS LEGAL
NOTICE:

A. THAT my client was intending to sell a portion of her property,

particularly the Second Floor of the property bearing No. L-22, Kailash
Colony, New Delhi (Herein the “Subject Property”) and in pursuance
of the same she contacted one Mr. Keshav Guliani, son of Mr. Partap
Guliani (Herein the ‘Broker’), who had further contacted you and
apprised you of this deal.
 CONFIDENTIAL AND PRIVILEGED INFORMATION

B. THAT you representing to be willing and able to purchase the Subject

Property agreed to purchase the same. Thereafter upon due
deliberation, you and my client settled upon certain mutual terms,
conditions and covenants with respect to the Subject Property, in
furtherance of which you and my client had executed the Agreement to
Sell dated 15.10.2022 in the presence of the Broker.

C. THAT the essence of our contract was the timely abidance of the
payment schedule as corroborated vide the terms of the Agreement to
Sell dated 15.10.2022 [Hereby the ‘Agreement’], which have been
reproduced herein as a matter of record:

i. PAGE NO.5, CLAUSE 2(b):

“The balance sale consideration of Rs.1,35,00,000/- (Rupees One Crore

and Thirty Five Lakhs Only) shall be paid by the SECOND PARTY to the
FIRST PARTY, on or before 07th December 2022, simultaneously when
the actual physical vacant possession of the SAID PORTION OF THE
SAID PROPERTY will be delivered to the SECOND PARTY and also the
Sale Deed as well as all the deeds and documents as may be required
by the SECOND PARTY for the conveyance, transfer and sale of the
SAID PORTION OF THE SAID PROPERTY will also be executed and
registered, by the FIRST PARTY in favour of the SECOND PARTY or
his/her nominee(s).”

ii. PAGE NO.8, CLAUSE 20

“The money will be forfeited by the First Party in case the

Second Party does not execute the Sale Deed on or before 7 th
December 2022 and in case of any unforeseen circumstances then the
First Party will refund the full amount to Second Party. ”
 CONFIDENTIAL AND PRIVILEGED INFORMATION

D. THAT prior to the execution of the Agreement, you were apprised of

the reason for the Sale of my client’s property, which was to save the
imposition of taxation. The only pre-condition kept before you, prior to
the execution of the Agreement was the timely abidance of the
payment schedule, which formed the essence of the
Agreement/contract and it was upon your solemn vow to observe the
same, the deal was entered into.

E. THAT having provided all documents and paperwork to your

satisfaction, the draft of the Sale Deed was approved by you and my
client, however it was to the utter dismay of my client when you failed
to make the remaining balance payment on 07.12.2022 and thereafter
make any sort of communication either personally or through the
broker for your infringement of the Agreement.

F. THAT since your dereliction, my client has made every sort of

endeavour to contact you through the broker, having constantly
seeking updates and news as to the reason for your defiance but till
date of this notice, she has received the most vague of replies, which
only portray your unwillingness and inability to purchase the Said
Property.

-HEREAFTER SPACE LEFT BLANK INTENTIONALLY-

 CONFIDENTIAL AND PRIVILEGED INFORMATION

G. THAT as already agreed in the Agreement, particularly the Clause 20

therein, in case of your failure to execute the Sale Deed (after making
the balance payment to my client on or before 07.12.2022), my client
shall have the full right and absolute authority to forfeit the money
received there under and thus having already borne the burden of
additional taxation, which could have been prevented if you would
have observed your covenants and moreover having suffered the
mental agony owing to your omissions, my client has forfeited the said
amount received under the said Agreement.

H. THUS the amount received under the agreement stands forfeited; you
are hereby informed that owing to your failure to comply by the
Agreement/contract, the same stands cancelled, null and void.

HENCE YOU ARE INFORMED THAT OWING TO MATERIAL BREACH OF

CONTRACT FROM YOUR ACTION/OMISSION, THE AGREEMENT TO SELL
DATED 15.10.2022 NOW STANDS VOID AB INITIO AND ANY PAYMENT
RECEIVED THERE UNDER STANDS FORFEITED IN FAVOUR OF MY CLIENT.

-SD-
VIDUR AGNIHOTRI
ADVOCATE
D/6333/2021

-END OF LEGAL NOTICE-