GAURAV VASHISHTH

ADVOCATE & LEGAL CONSULTANT

EMAIL: gauravvashishth1519@gmail.com
Mob.No.9868265757
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D-410, Lawyers’ Chamber, Karkardooma Courts, Delhi-110032
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Dated:31.05.2024

To,

Sh. Sanjeev Singh

Advocate
Ch.No.232, Distt. Court
Faridabad, Haryana

REJOINDER TO REPLY DATED 17.04.2024 (WRONGLY

MENTIONED) TO THE LEGAL NOTICE DATED 03.05.2024

Sir,

I am in receipt of a reply sent by yourgoodself on behalf of your

clients Smt. Kavita Mittal and Smt. Pinki Singla, to the legal notice sent
by me on behalf of my client Smt. Anamika Sharma and have been
instructed to rejoinder to the reply.

Before proceeding with parawise reply, I would like to draw your

kind attention that your clients have not conveyed true and correct facts to
yourgoodself and have succeeded in getting issued the reply to the legal
notice sent to them. The averments and paras in the legal notice are
reiterated and reaffirmed herein as correct.
PARAWISE REPLY:

1-2. That in reply to para No.1 & 2 of your reply, I would also like to
state that your clients have admitted the execution of the
Agreement to sell, but had made a false averment regarding
payment of Rs.5,00,000/- in cash, which has never been made to
my client ever.

It is further to state that my client is the sole and absolute

owner and in peaceful possession of the property bearing plot
measuring 48.8 sq. meters, (10 ft. x 44 ft., covered area around 150
sq. ft., vide House Tax No.157169), East : Property of others, West
: Road, North : Property of Others and South : Property of Manoj
Yadav, in Mauja Ballabhgarh (in the abadi of Lal Dora, Baniya
Wada Ward No.08), District Faridabad, Haryana, situated out of
property No.72 and 73, measuring 430 sq. yards and that your
clients desired to purchase the aforesaid property and therefore,
they approached my client and after negotiation, they both jointly
entered into an Agreement with my client with respect to sale
purchase of the aforesaid plot/property on 18.12.2023. Your clients
had agreed to make the payment of consideration amount of
Rs.51,00,000/- (Rupees Fifty One Lakhs) and towards earnest
money, and they had paid a sum of Rs.10,00,000/- (Rupees Ten
Lakhs) to my client vide cheque bearing No.063899 dated
18.12.2023 of Rs.4,00,000/- and cheque bearing No.000102 dated
18.12.2023 of Rs.6,00,000/-, drawn on Punjab & Sind Bank. the
date for execution of title documents as well as for remaining
payment was agreed as 22.04.2024, to which, your clients and my
client were agreed and acknowledged the same by signing the said
 agreement. On 22.04.2024, my client approached the concerned
office of Registrar in time and tried to contact your clients, but they
did not give any response. My client had waited at the Registrar
office for hours for the purpose of execution of documents as well
as receiving balance payment, but when there was no response
from your clients, my client got her entry made in the concerned
office and came back to her house. The conduct of your clients
clearly shows that they have failed to arrange the remaining
payment within time and had failed to comply the said agreement.
While the said agreement specifically contains clause 2, which
stipulates that if the second party (purchaser) fails to make the
payment of remaining amount, then the first party (seller / my
client) shall be entitled to forfeit the earnest money and by virtue of
this clause mentioned in the agreement, my client became entitled
to forfeit the earnest money paid by your clients in respect of the
above property and forfeiting the earnest money of Rs.10,00,000/-
and informed you clients by virtue of legal notice dated
03.05.2024.

3. That the contents of para No.3 of your notice are denied. It is

specifically denied that the registry of plots in parts are denied by
the Government. In fact, it is stated that my client has already
executed registry in respect of the other part portions of the same
plot and may produce the documents as and when required. So, the
plea taken by your client is totally false and baseless.

4. That the contents of para No.4 of your notice are denied. It is

specifically denied that your client has been misguided in any
manner or they were / are ready to get executed the registry after
making remaining payment. In fact, it is stated that my client has
already executed registry in respect of the other part portions of the
same plot and may produce the documents as and when required.
So, the plea taken by your client is totally false and baseless. It is
further stated that the conduct of your clients is very much revealed
from their previous acts and there is fault on their part. As per the
agreement, my client is well within the right to forfeit the earnest
money. It is further stated that on the agreed date i.e. on
22.04.2024, my client approached the concerned office of Registrar
in time and tried to contact your clients, but they did not give any
response. My client had waited at the Registrar office for hours for
the purpose of execution of documents as well as receiving balance
payment, but when there was no response from your clients, my
client got her entry made in the concerned office and came back to
her house. Further, still there is fault on the part of your client, who
are making false averment regarding payment of Rs.5 Lakhs in
cash without any date or receipt etc., which has closed all the scope
now and the ill intention of your clients is very much apparent.
Firstly your clients have failed to comply with the terms of the said
agreement and now by way of sending this kind of reply is causing
threats to my client and wants to enter into false and frivolous
litigation, which is totally unwarranted.

Last clause of calling upon, is totally false, vague and

denied. My client has already forfeited the amount of earnest
money and has terminated the said agreement to sale being default
on the part of your client. Your client is hereby suggested and
advised to withdraw the present reply immediately and
 unconditionally and further to refrain themselves from entering
into any false and frivolous litigation, otherwise, the same shall be
defended properly by my clients, at the costs, risks and
consequences of your clients itself, which they may note.

Copy kept.

(GAURAV VASHISHT)
Advocate

CC To:

1. Smt. Kavita Mittal

W/o Sh. Manish Mittal
R/o H.No.402B, First Floor,
Sector-2, Ballabhgarh, Tehsil Ballabhgarh,
District Faridabad, Haryana

2. Smt. Pinki Singla

W/o Sh. Ved Prakash Singla
R/o H.No.448, GF, Sector-2,
Ballabhgarh, Tehsil Ballabhgarh,
District Faridabad, Haryana