Ref.:
AKS / SB / 3108-7966 / 24 Dated : 20th day of April’
2024
To,
Puja Bhupal
Advocate & legal
Consultant, LL.B., LL.M. (Gold Medalist),
Office Address:
4th Floor,
Chandraloke Apartment, Near Y.M.A. Ground, Raja Ram Mohan Roy Sarani, Babupara,
Post Office – Siliguri, District – Darjeeling, PIN – 734004, West Bengal, Phone
No. 0353-2660398, Mobile : 9735347651 / 8250791866, Email : satyamlawassociates@gmail.com
Ref.: your Letter
dated 09-04-2024;
Your Client : Sri
Amit Katyal, one of the Director of M/s. Sanwariya Tea Products Private
Limited, a company incorporated under the Companies Act, 2013, having its
Registered office at 3rd Floor, Kiran Niwas, Khudiram Pally,
Siliguri, Post Office & police Station – Siliguri, District – Darjeeling,
Pin - 734001.
My Clients : Sri
Subrata Bhowmick, Son of Sailesh Bhowmick, & Sri Sudip Bhowmick, Son of
Subash Bhowmick, are residing at Dolaingaon, Ujanpara, PHED Complex,
Bongaigaon, Assam, Pin - 783380.
Madam,
Under instructions of my clients Sri
Subrata Bhowmick, Son of Sailesh Bhowmick, & Sri Sudip Bhowmick, Son of
Subash Bhowmick, are residing at Dolaingaon, Ujanpara, PHED Complex,
Bongaigaon, Assam, Pin - 783380, I hereby states as follows :
- That my client are in receipt of
your Letter dated 09-04-2024, only on 18-04-2024, and thereafter on bare
perusal, my clients got astonished and therefore handed over the said
purported letter being notice issued by you vide notice dated 09-04-2024,
with specific instructions to reply thereon.
- That your Client is not ever known
to my Clients. My Clients have no iota or any knowledge of your Client as
his identification and what he is doing. My clients astonished to have
your Letter dated 09-04-2024. My clients have no relation with your
client. Therefore the said Letter dated 09-04-2024 is not acceptable &
maintainable in the facts and in the eye of Law.
- That my Clients never issued or
given any cheque and the said purported cheque as stated by you in your
Letter dated 09-04-2024 to your client. My Clients did not bear any
liability to pay your client. My Clients did not give any cheque to your
Client on any occasion whatsoever.
- That your client did not give any
Photostat copy of the said purported cheque with your said letter dated
09-04-2024. It is also not stated that who given the said purported cheque
to your client, therefore my clients are in dark about such facts; Thus
not able to put any comments, so far.
- That the entire facts appeared to
be a cause of guilty mind of your client.
- That in the given situation my
clients seek Police investigation into the matter as how a cheque lie in
the hands of your client, which has not ever been given by my clients. My
clients reserve their rights to lodge appropriate complaint against your
client with the concerned Police Station.
7.
That
it is pertinently states that my clients did not have any business relationship
and or any transaction or liability so far has ever been with your client. Your
client manufactured the said cheque, which he has obtained fraudulently without
the knowledge and consent of my clients and placed for encashment to enrich his
wrongful gain. This fact will inform to the concerned Police Station and to
Higher Officials of the Police for appropriate recourses against your Client.
- That your Client has not stated
the true story resulting in your Letter dated 09-04-2024. My clients do
not have any liability or debt enforceable under the law in favour of your
client.
- Hence the said cheque doesn’t
comply with the requirement of Section 138 of the Negotiable Instrument
Act’ 1881, as it was not ever issued in favour of your Client for legally
enforceable liability or debt, so far.
- That this notice is issued without
any prejudice to my clients’ right thereof.
I for and on behalf
of my clients requesting you to ask your client to withdraw the notice dated
09-04-2024 and refrain himself from doing such wrongful acts, deeds and things,
and or otherwise my clients will take appropriate legal recourses against your
client at his cost and peril, which please note, copy kept for future
references.
Thanking
you,
Yours’
faithfully’
Ashok
Kumar Singh,
Advocate.
High
Court at Calcutta.
Copy
to :
Sri Amit Katyal, Director of M/s.
Sanwariya Tea Products Private Limited, a company incorporated under the
Companies Act, 2013, having its Registered office at 3rd Floor,
Kiran Niwas, Khudiram Pally, Siliguri, Post Office & police Station –
Siliguri, District – Darjeeling, Pin - 734001.
{
for necessary information } only.
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