D.

KATHIRAVAN
ADVOCATE
NO: 06/23, THIRUMALAI BALAJI NAGAR, 4TH STREET,
THIRUVERKADU, CHENNAI - 600077
MOBILE NO: 8072069793

By RPAD 05.06.2024

To,

1. M/s Mahindra and Mahindra Financial Service,

2nd Floor, Sadhana House,
PB Marg, Worli,
Mumbai – 400018.

2. M/s Vazhai Foods Pvt Ltd,

Represented by its Managing Director Mr. Senthil Kumar
Plot No:15, Door No:7, Srinivasa Perumal Street,
Iyappa Nagar, Ayappakkam,
Chennai – 600077

3. Mr.Senthil Kumar,
No: 8/58, Bajanai Kovil Street,
Baai Kadai, Moulivakkam,
Chennai – 600125.

Sir/Madam,

Under the explicit instructions from my esteemed client, Mr.Arugadas C S/o

Mr.A. Chinnaraj, Hindu aged about 45 Years, residing at No:63, Gandhi Main
Road, Puzhal, Chennai – 600066. we hereby issue this formal counter-reply to
the legal notice dated 21.12.2023, sent by you on behalf of M/s Mahindra and
Mahindra Finance in relation to the vehicle loan obtained by M/s Vazhai Foods
Pvt Ltd and Mr. Senthil Kumar. Our response is as follows:

1. My client asserts that during his tenure with M/s Vazhai Foods Pvt Ltd,
under the leadership of Mr. Senthil Kumar, he was regularly required to
sign various business-related ledgers and documents. Mr. Senthil Kumar,
 the Managing Director of M/s Vazhai Foods Pvt Ltd, leveraged this
practice to obtain my client's signature on loan documents without my
client's informed consent, relying on my client's trust and good faith. My
client signed these documents without being aware of their true nature or
content. It was only upon receiving your notice dated 21.12.2023 that my
client became aware of the loan arrangement and his designation as a
guarantor. My client maintains that he is innocent and had no prior
knowledge of the loan or his role as a guarantor until the aforementioned
date.

2. My client states that the primary borrower and co-borrower of the loan, as
per Loan Agreement number: 7368447 dated 19.06.21, are M/s Vazhai
Foods Pvt Ltd represented by its Managing Director Mr. Senthil Kumar.
They hold the principal responsibility for the repayment of this loan.

3. My client states that the loan was used to purchase a commercial vehicle
named "Mahindra Alfa Load Plus", which is utilized solely by M/s
Vazhai Foods Pvt Ltd under the purview of its Managing Director Mr.
Senthil Kumar. My client has no interest in, nor possession of, this
vehicle, thus absolving him from any practical benefit derived from the
loan.

4. My client states that M/s Vazhai Foods Pvt Ltd continues to operate, and
its Managing Director Mr. Senthil Kumar, the co-borrower, remains alive
and capable of addressing this financial obligation. It is therefore
unjustified to demand repayment from my client while the primary parties
are available and operational. My client further states that M/s Mahindra
and Mahindra Finance can repossess the vehicle in question and can
recover the outstanding only from the borrower and co-borrower.

5. My client states that the undue pressure on him to settle this outstanding
amount has significantly affected his CIBIL rating, imposing an undue
financial burden and affecting his financial reputation.

6. My client states that he formally calls upon M/s Vazhai Foods Pvt Ltd
represented by its Managing Director Mr. Senthil Kumar to immediately
settle the outstanding loan amount. It is imperative that they take swift
 action to resolve this matter and thereby relieve my client of any further
undue financial liability.

7. My client states that given the borrower company is operational and the
co-borrower is available, Mahindra and Mahindra Finance's insistence on
recovering the outstanding amount from him is not legally maintainable.
The primary responsibility for the loan repayment rests with M/s Vazhai
Foods Pvt Ltd represented by its Managing Director Mr. Senthil Kumar.

8. In light of the above points, we firmly request Mahindra and Mahindra

Finance to direct all future recovery efforts towards M/s Vazhai Foods
Pvt Ltd represented by its Managing Director Mr. Senthil Kumar. My
client should be relieved from any further demands related to this loan.

We trust that this matter will be handled with the urgency and seriousness it
requires, ensuring that my client’s financial standing is restored promptly.

Advocate