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ADVOCATE
PIH:400064. Malad test el

Adv. Deepali Frrn:FFFT ,

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Irart o h1.1r.1anost.gGV,1fi

Advocate Bombay) Dil 12DO763ARE4 W , St y rfo

A201 Lok Sahyadri Apt, ACC Road, Mulund West, Muua

ByRegistered A.D.
Date: 18/08/2022

To,

Adu. Shri M. K. Sabooji

& Associates
Managing Partner ofM/s. M. K. Saboo
Off: B/204, Y-63, Yogi Heritage,
Yogi Nagar, Borivali(West)
091
Mumbai Suburban, Maharashtra -400

Globocom Infotech Pvt.

Ltd.
Representing

No.
Unit No-1001& 1002, 1oth Floor, First Avenue, CTS
Having Registered Address at Malad (W),
199/E, Goregaon-Mulund Link Rd.,

Mumbai Suburban, Maharashtra

-

400 064

Clearing
Sub.: Your Refusal to Accept Financial Liability in
Operational Dues pending_upon You, amounting to
INR
39.60,317/- (ndian National Rupees Thirty-Nine
Lakh Sixty Thousand Three Hundred and
Seventeen Only) along with Interest accruing
heavily on a daily basis.

Ref: Your Notice dated 04.08.2022through Adv. Sabooji. bearing

Ref. No.1o71.
 advised that all true facts and circumstances shall be unequivocally
placed on record wBhile legal proccedings begin against your Client. Be
advised that your denial cannot and shall not absolve your Client's
liabilities as an operational debtor. As you are aware, the burden of
proof upon us in this matter wouldn't be as heavy as it would for any
other matter, as it is in this case, due to clear evidence available for
establishing absolute onus against you. Delaying and diversionary
tactics shall, with almost certain guarantee, be seen with negative
connotation in the appropriate Court of Law once proceedings
commence, please note with due respect.

2.That your notice itself admits your Client's liability ofdefault which
itself establishes the first requirement in a recovery matter for which
we would like to extend our sincere gratitude in expediting the process
of recovering of all dues pending upon your Client. Paragraph-wise
reply would be engaged into, with due respect to your Notice.
Regarding other baseless justifications thrown about by groping in the
dark, the following facts shall be put forth your good offices, before
clearly being instructed to initiate proceedings without further delay:

a) As you are well aware, when there is any exchange of goods and/or
services for want of consideration, such consideration is expected to
be cleared in a time-bound manner for the goods/services that
have been supplied. As per information available to us, your first
payment due was way back. Please be sufficiently advised that your
lengthy notices/ replies would be of no use until such long overdue
debts are cleared, as the time-barred nature ofsuch dues subvert all
justifications of non-payment.

b) Contents in Paragraphs 1 through 5 are accepted without resistance

and demur.

c) Contents in Paragraph 6 are accepted in a limited manner. Our

Client states that the project duration has been mentioned as 65
days as per Clause 2, Sub-Clause 2; however, after a conjoined
reading with Clause 2, Sub-Clause 3 and Clause 2, Sub-Clause 4, any
prudent man having little to average intelligence may easily
 beyond
be delayed
due to
reasons

th
the project
may
have been inserto
decipher that Sub-Clauses 3 and 4
hence
control of o u r Client,
reason.
for this specific
there has been no

in toto as
denied
are have
Contents in Paragraph 7 nature. All delays
d) time-bound in
of the project being clear in
been made amply
mention

Client, which has

been attributed to your
had been multiple
Client. There
all correspondences
made to your fully
adhered to,
not be
the timeline could
factors due to which
party
reasons
associated with your
attributable to the following
(in no particular
with due respect
single-handedly, please note
order):

Item Closures not provided on time

Material selection not reverted on time
Selection of toilet sanitary fittings having taken more than 27

days
Delay of wet work, caused delay of tiling work, i.e., dry work
Multiple reminders issued by our Client so as to keep the
schedule on track - absolutely no co-operation received as per

facts available on record

.Following items not closed even on the 42nd day of the Project
- Veneer selection, Door Laminate, Paints, Loose Furniture,

Roller Blinds, Chair Factory visit, etc.

.There were multiple items whose specifications were changed
due to change in design and multiple material selections as
per your Client's requirement, which were not claimed upon
your Client due to sheer bona fide goodwill gesture.
A s per Agreement, only 3-5 samples were supposed to be

displayed; however, more than 50+ samples of each item

short-listed samples
along with 3D as well as 2D views of 4-5
were displayed as per your requirement. Kindly note that it
view and a total
takes approximately 4-5 hours to render one
three-dimensional
of 221 (Two Hundred and Twenty-One)
ft. project.
views have been provided to you for the 3,100 sq.
 e) Your contention of our Client's work being of "poor
workmanship" in Paragraph 8 seems to be dumbfounded and has
no validity in law as it seems to be badly scripted cock and bull
story to avoid legal liabilities pending upon your Client. As per
information provided to us by our Client, you have been using
our Client's labour for your work without information or
permission, hence all claims regarding "poor workmanship"
cannot be attributed by the labour that have been provided by
our Client.

) Contents in Paragraph 9 are denied in toto, in consonance to the

previous Paragraph, your baseless allegation of our Client's work
being "slow" is totally baseless and reeks of a mala fide intend to
disrepute our Client, which shall have its own separate legal
consequences, please note with due respect. If the project was
truly "slow" as alleged by yourself, three huge projects, i.e., Ryan
International School of 8o,o00 sq. ft, BHTC of 1,30,000 sq. ft.
and Utkarsh Finance Bank of 8,o00 sq. ft. would not have been
possibly completed in the same time span.

Contents in Paragraph 10 are once again denied in toto, in

g)
consonance to the previous Paragraph. Your argument of
sending "reminders" to our Client cannot sustain legally in front
of (an) Honourable Judge(s) due to facts available on record to
time of
prove otherwise, that shall be proved appropriately at the
admission of legal proceedings against you for your continuous

non-payment of dues.

h) Contents in Paragraph 11 are baseless and number of workers on

project have nothing to do with the project itself. There is nothing
mentioned in the Agreement that necessitated a minimum
number of labourers/workers. This establishes your attempt at

contractual
deviating the major issue at hand of non-payment of
dues seems to be taking a grossly ill-timed tangent, that may

prove costly legally to you, please note with due respect.

 such
if at all
existe
our such issue, ists, fo
Client to carry the replaceme
rests with our once
nent
Notice-Reply. Oly
sake of argument through the that your Client
non-satistactory

materials being
interior
ofdefective work/ the same through a third-party

has the legal duty to carry out reasonable perusal of

note. As pera
designer, not before that, kindly intelligence,
to average
man having little
the Agreement by a prudent used those Clauses
have selectively
one may clearly observe how you maintained by
obligations as to be
that absolve your Client for legal Anotner
Clauses.
bothering to peruse other
your Client, without even
memory,
Cause may be perused herein below
for refreshing your

kindly note, with due respect.

7. That despite there being clear correspondence between both parues,

were taken
none of the remedies clause contents as per Clause 20,
advantage of, so as to resolve issues amicably. This, once again,
establishes a clear mala fide intention of your Client to not resolve
issues cropping up between both parties. Your Legal Notice was a

completely shocking and disappointing, as it proves, beyond

reasonable doubt, that your Client never intended to clear legally
pending upon them, for faults associated directly upon them.

8. That even after timely reminders and countless follow-ups for

payment, your Client has unfortunately resorted to sending the Notice
through your letterhead and turned this issue into a full-fledged legal

one. Liabilities on record cannot be partly admitted and

partly denied as per your Client's convenience. Please be
sufficiently advised that due to these very reasons, you would have to
be prepared to face full-blown legal consequences that shall be
cumbersome to you, until full and final payments are recovered, until
the last paisa, kindly note with due respect.

9.That we, being his Legal Counsel, therefore, through this notice, state
that you have
misappropriated our Client's operational business
money, through non-payment of operational dues' debts; and finally
call upon you to
pay to our Client the entire sum of the Invoice, total
amounting to
INR39,60,317-(Indian National Rupees Thirty-
 Nine Lakh Sixty ThousandThree Hundred and
Seventeen
interest being accruing recurring basis till full and final
Only) on a

realization of the said amount corpus within 15 days of the receipto

this notice, failing which our Client has given us clear instructions to

initiate civil / criminal lawsuits for recovery or other miscellaneous

and
you in the competent Courts of Law
on
proceedings against
occurrence of such a contingency, you shall be fully responsible for the

same under the following provisions:

S.406ofthe Indian Penal Codefor Criminal Breach ofTrust

S.420 ofthe Indian Penal Code for Fraud &Cheating
S.422 of the Indian Penal Code for Dishonestly or Fraudulently
preventing Debtbeing auailable for Creditors
Read with appropriate and relevant provisions ofthe Cr.P.C.
claim amount mentioned
Please be advised that the breakup of the
herein below for your kind perusal
herein above has been produced
and understanding:

Amount
Header Description
(In INR)
Total Project Value 1,18,32,254
A
(With Statutory Taxes and
Other Taxes)
8,198.026
B Payment Received till Date
Due Amount Based
or

C
Invoic
a i Dues 36,33.318
D
(Without Interest)
[A-B]

Unbilled Amount 15,61,987

E

[D -C]
Interest Accruing heavily @18% 3,26,999
F
Gross Total Dues 39,60,317
G
(With Interest)
 einabove,
mentioned
hera:
circumstances

and as
s o .as avoid
to a v o i a
to
In light
of facts

complete
your legal
obligation

schedule, that would ba

that s
length,
shall
tnust that you aforementioned

stage of.
through
the through
every the
litigation parties
c u m b e r s o m e
to both marks a
last and final
al
notice
extremely That this
Client. and withdraw
process,
for no fault ofour matter
amicably
to settle [Encl.
for your
UDYAM-MH-18-0040485/M/00001
Client
opportunity

Application
No.
MSEFC dues.

conditional to your payment

ofentire
No. 2]
conscience
and
listen to your
be wise and
We trust that you shall all pending
clearing
matter once
and for all through
amicably settle this Please be advised
amounts.
associated Interest
dues along with the A Suit shall be
shall be entertained.
thatno further Replies Client after providing the
initiated as per the sole discretion of our
to
forums to be approached
merits and demerits of the appropriate
last paisa,
recovered till the very
absolutely
ensure pending dues are

kindly note.

10. That since your illegal behaviour has necessitated the issue of this notice,
you are hereby charged with its costs, i.e., INR 6,000/- (Indian
National Rupees Six Thousand), regardless of your response, and
this amount shall be added to the grand total dues pending upon you,
along with heavy interest of 18%.

A copy of this Notice has been preserved and archived in our office
for record-keeping, archiving, and evidentiary purposes in building upon
a strong case for upcoming and future course of legal action.

Thanking You,
Yours Faithfully,

Deepali Jaiswar
Advocate, Bombay High Court
Enclosures:
Tax Invoices
Encl.No.1:
Samadhaan
Encl.No.2: Acknowledgement Receipt for MSME
Application No. UDYAM-MH-18-0040485/M/o0001

Other Enclosures not appended

as you are amply a w a r e ofall facts on record.}

CC.
Private Limited
M/s. Megas Architechtural Services
304, Stanford Plaza Premises Co Op
Soc Ltd,
Plot B-65, off New Link Road, Andheri (W),
Mumbai, Maharashtra - 400 053