Ref.:
SS / HA / 3108-8106 / 24 Dated : 11th day of October’
2024
To,
Sri Avijit Naskar
Advocate
Chamber &
Residence;
32/18, Uttar Kasta
Danga Road,
Kolkata – 700061.
Ref.: your Letter
dated 05.10.2024;
Your Client : Multi
Fin Solutions of 19, Ho-Chi-Minh Sarani, Diamond City (West), Tower No. 10, 8th
Floor, Flat No. 8H, P.O.: Sarsuna, P.S.: Sarsuna, Kolkata - 700061.
My Clients : (1) Sri
Mrinal Halder, (2) Smt. Minati Halder, Partner of M/s. Halder Automobile, a
Partnership Firm, having it’s office at Premises being No. B2-41/A, New Biren
Roy Road, Post Office – Gonipur, Police Station – Maheshtala, Kolkata – 700141,
District – South 24 Parganas.
Dear Sir,
Under instructions of my clients (1)
Sri Mrinal Halder, (2) Smt. Minati Halder, Partner of M/s. Halder Automobile, a
Partnership Firm, having it’s office at Premises being No. B2-41/A, New Biren
Roy Road, Post Office – Gonipur, Police Station – Maheshtala, Kolkata – 700141,
District – South 24 Parganas, I hereby states as follows :
- My clients are in receipt of your Letter
dated 05.10.2024, only on 08-10-2024, and thereafter my clients astonished
on bare perusal and therefore handed over the said purported letter being notice
issued by you vide Letter dated 05-10-2024, with specific instructions to
reply thereon in the following.
- At the outset my clients denied
all the averments made in the notice in its entirety and unless and until
specifically admitted by my clients, all the averments of the said notice dated
05-10-2024, is to be treated as denied in its totality.
- The Cheque referred in the said
notice was not issued for the presentation to the bank unless the
agreement dated 5th day of March’ 2024, has duly been performed
by and between the parties therein. The said Cheque was given to your
client as Security for his service charges restricting the amount to Rs.
1,77,000/- (Rupees One Lac Seventy Seven Thousand) only, which has been
misused by your client. Your client was aware that there is no enforceable
debt has ever been owed to your client.
- It is pertinently stated that
there is no legally enforceable debt favouring your client’s ever and the
said cheque which had been presented without any intimation and /or
consent has been willfully misused for the purpose of wrongful gains by
your client. Find the covenants enshrined in the Paragraph Numbers 13, 14,
& 2, of the said Agreement dated 5th day of March’ 2024.
- While it is crystal clear that
there is no liability or legally enforceable debt of my clients as
indicated in the aforesaid notice dated 05/10/2024, the same is
unwarranted.
- That the entire facts appeared to
be a cause of guilty mind of your client.
- Your said notice dated 05/10/2024,
is an Omnibus Letter and the same cannot be said to be a Notice under
Section 138 of the Negotiable Instrument Act’ 1881.
- 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 any legally
enforceable liability or debt, so far.
- This notice is issued without any
prejudice to my client’s right thereof.
I for and on behalf
of my clients requesting you to ask your client to withdraw the said notice dated
05-10-2024 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’
Sanjib
Saha,
Advocate.
High
Court Calcutta
Copy
to :
(1) Multi Fin Solutions having
it’s Office at Premises being no. 19, Ho-Chi-Minh Sarani, Diamond City (West),
Tower No. 10, 8th Floor, Flat No. 8H, P.O.: Sarsuna, P.S.: Sarsuna,
Kolkata - 700061.
(2) Sri Atul Balduva,
Proprietor of Multi Fin Solutions having
it’s Office at Premises being no. 19, Ho-Chi-Minh Sarani, Diamond City (West),
Tower No. 10, 8th Floor, Flat No. 8H, P.O.: Sarsuna, P.S.: Sarsuna,
Kolkata – 700061.
{ for necessary information } only.
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