DEEPAK JAKHAR

Advocate
Office # 753, Lawyers Chambers, Resi: A-1/66A, Sewak Park,
Dwarka Court, Uttam Nagar, Dwarka Mor
New Delhi – 1100075 New Delhi-110059
Mob: 9278033916
Dated: 6th Sep, 2008.
E-Mail: deepakjakhar@gmail.com
REGISTERED A.D.

Through Regd. AD / Speed post

To, 10 October, 2018

Shri Mahendra Kumar

S/o Sh. Bhola Ram,
R/O RZG-93, Raj Nagar-II, G Block,
Palam Colony,
New Delhi -110045.

LEGAL NOTICE

Sir,

Upon the instructions and on behalf of my client Sh. Ramesh

Kumar S/o Sh. Ram Chander R/o WZ-625B, Raj Nagar – I, Palam
Colony, New Delhi – 110045, I, the undersigned, hereby serve upon
you the following Legal Notice:

1. That you, the Addressee, and my client were known to each

other for past many years and had friendly relationship.

2. That you, the Addressee, and my client entered into a

partnership ‘at will’ vide a duly notarized partnership deed
dated 07.04.2015 whereby both the parties agreed to and
mutually decided to jointly / severally carry on the business
of Cargo Clearance under the name and style of M/s R.K.
Tempo Solutions at RZG-93, Raj Nagar-II, G Block,
Palam Colony, New Delhi -110045 as the registered office
of the said partnership firm. The business was commenced on
the same day i.e. on 07.04.2015.

3. That the capital investment in the said firm was to be

contributed by both the partners at the ratio of 50:50 and
similarly the profits and losses were also to be shared at the
ratio of 50:50.

4. That as the registered office premises was provided by you

the noticee and hence you did not contribute any amount as

1/4 P.T.O.
 capital investment in lieu of using the said premises as the
office of the partnership firm. It is pertinent to mention that
the entire capital investment was made by my above said
client which was to tune of many lakhs.

5. That my above said client also had commercial vehicle

bearing registration number DL1LY1141, DL1LV4150,
DL1LN2068 which solely owned by my above said client,
though these vehicle were also being used for carrying out
the activities of said partnership Firm.

6. That since the registered office of the firm was also your
home, hence all the documents /accounts and bill books and
cheque books etc. pertaining to the said partnership firm
were kept at the above said premises under your custody
being the partner.

7. That since the beginning of the said partnership firm

business, you the noticee were not conducting the affair of
the business in proper manner. That the turnover of the firm
was more than 80-90 Lakhs per annum, however you the
noticee never gave proper accounts of the said business to
my client and never let my above said client to inspect the
account books etc.

8. That whenever my above said client asked to you the noticee

about the accounts and the books etc. you the noticee used
to refuse for the same on one pretext or the other. That you
the noticee used to tell my above said client that proper
accounts would be given at the appropriate time but never
given to my client. When my above said client used to ask for
the income tax return etc. you the noticee used to tell my
above said client that your known Chartered Accountant is
taking care of the same.

9. That you the noticee shared only meager amount with my

above said client from the profits of the said partnership firm
though there were 6-7 commercial vehicles were being used

2/4 P.T.O.
 daily for carrying out the business of the partnership firm and
a single commercial vehicle used to do business of
approximately 5—7 thousand per day and as per the
prevalent commercial standards there was a business
turnover of Rs. 70-80 Lakhs annum.

10. That you the noticee is also not allowing my above said client
to enter into the registered office of the said partnership firm
on the pretext that it is your house.

11. That whenever my above said client used to ask for the
settling the accounts, you the noticee used to threat for dire
consequences on the pretext that your relatives are serving
in Delhi Police.

12. That on 23rd September 2018 also you the noticee threaten
my client on the phone to kill him and his family members
using “Desi Katta”.

13. That you the noticee also forcefully taken into your illegal
possession commercial vehicles bearing registration number
DL1LY1141, DL1LV4150, DL1LN2068 which solely owned by
my above said client, and you the noticee also did not return
those vehicle to my above said client on demand hence you
have also committed various offences under Indian Penal
Code including but not limited to Criminal Breach of Trust.

14. That you the noticee is also liable to pay an amount of Rs. 25
Lakhs as mesne profits for using the commercial vehicles
belonging to my above said client without the permission of
my above stated client.

15. That you the noticee is not conducting the affair of the
partnership business in a professional manner and has not
been giving the access of the accounts to my above said
client. That your activities are criminal in nature and hence
my above said client is not liable for any

3/4 P.T.O.
 misdeed/misconduct/offence which you might have
committed under the veil of the said partnership firm.
Now by way of this legal notice You are hereby call upon to hand-over
to my above said client bill books, challans, cheque books, account
receivables, profit and loss accounts and balance sheets and each &
every document pertaining to the said carrying on the said partnership
business and the entire accounts of last three years within next 7 days
from the date of receiving this notice.

You are also estopped from using any property of the partnership firm
or to receive money or issue cheques or carry on any activity on behalf
of the partnership firm or to deal in any manners with the prospective
and subsisting client base. In case you do so, you will be doing so at
your own cost and responsibility and which will entail criminal
prosecution.

You are also liable to pay an amount of Rs. 25 Lakhs as mesne profits
for using the commercial vehicles belonging to my above said client
without the permission of my above stated client.

A copy of this Legal Notice is kept in my office for record.

Yours Faithfully

(DEEPAK JAKHAR)
Advocate

4/4 P.T.O.