ICICI Notice Reply (01.03.2024)

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ADV.

YADNYA GAIKWAD
B.L.S.L.L.B, L.L.M.

BY R.P.A.D.

Date:

To,

Vikrant Sabne and Associates,

Advocate for ICICI Home Finance Company Ltd.,

Off No. 601, 6th Floor,

Hitkari House, SBS Road,

Fort, Mumbai – 400 001

Sir,

Sub: Re: Reply to Notice dated 20 th February, 2024 under section 25 (1) of
the Payment and Settlement System Act, 2007 r/w section 138 of the NI Act,
1881 addressed to my clients

I am concerned for my Clients, Mr. Amit B. Wadhwani and Mr. Vicky B. Wadhwani
who are in receipt of your notice dated 20th February, 2024 received by my clients on
29th February, 2024 and have instructed me to address to you as under:

1. At the outset, my clients deny each and every submission, contention, allegation
and/or averment made by you and the same is false, vexatious, malafide and hence
denied in Toto. Nothing in the referred notice is admitted by my clients unless
specifically done so hereinafter. To the extent of invocation of section 138 r/w

1
section 141 of the Negotiable Instruments Act, 1881 in the referred notice, no
such commission/omission/act or offence has been committed by my clients to
warrant application of the same and hence the referred notice is invalid and bad in
law to that extent.

2. My client says that payment of EMI in the amount of Rs. 3,27,818/- towards
discharge of Individual Home Loan + HFHL vide NHMUM00001267683 (said
loan) has been made vide UTR No. HDFCR52024022682804688 on 26.02.2024
and as of date said EMI payments are fully paid as per payment schedule.

3. Thus, my clients have fulfilled their obligations in accordance with the Loan
Agreement as entered with your client and further the mandate as set out under the
relevant provisions of the law and shall continue to do so even in future. It is
pertinent to note that my clients have diligently made payments towards discharge
of said Loan regularly without any impertinent delays and have proved their
bonafides sufficiently. In view of the same, all allegations pertaining to alleged
non-payment and further alleged criminal intention to defraud your client are
false, vexatious, malafide and hence denied in Toto.

4. In view of the said facts and circumstances, taking into consideration the due
payment of referred demand amount by my clients, you are hereby called upon to
withdraw the said notice unconditionally with immediate effect upon receipt of
this and refrain from initiating any such action as set out in the referred notice,
failing which my clients will be forced to initiate necessary legal action against
you, and in that event you shall be fully responsible for the costs and
consequences resulting therefrom.

Thanking you,

Yours Truly,

2
Yadnya Gaikwad,

Advocate for Mr. Amit B. Wadhwani and Mr. Vicky B. Wadhwani

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