By
Registered Post / Speed Post / Ordinary Post
WITHOUT
PREJUDICE
Ref.:
SS / N&DKG / 3108-9283 / 25 Dated : 2nd day of May’ 2025
To,
1.
M/s.
ABS Land Development & Construction Private Limited, a Private Limited
Company incorporated under the Companies Act, 1956, having its Registered
Office at Premises being no. 13/B, Jatin Das Road, Police Station – Tollygunge,
Kolkata – 700029, West Bengal.
2.
Sri
Tapan Ghosh, Son of Late P.L. Ghosh, residing at Premises being no. 13/B, Jatin
Das Road, Police Station – Tollygunge, Kolkata – 700029, West Bengal.
3.
Sri
Tapan Ghosh, Director of M/s. ABS Land Development & Construction Private
Limited, a Private Limited Company incorporated under the Companies Act, 1956,
having its Registered Office at Premises being no. 13/B, Jatin Das Road, Police
Station – Tollygunge, Kolkata – 700029, West Bengal.
4.
Sri
Abhijit Chowdhury, Son of Chitta Ranjan Chowdhury, residing at Premises being
no. G 108, Baghajatin, Police Station – Patuli, Kolkata – 700086, District
South 24 Parganas.
5.
Sri
Abhijit Chowdhury, Director of M/s. ABS Land Development & Construction
Private Limited, a Private Limited Company incorporated under the Companies
Act, 1956, having its Registered Office at Premises being no. 13/B, Jatin Das
Road, Police Station – Tollygunge, Kolkata – 700029, West Bengal.
Ref.:
Acknowledgment of receipt of a sum of Rs. 1,05,00,000/- (Rupees One Crore and
Five Lakhs) only, by M/s. ABS Land Development & Construction Private
Limited;
My
Client : Smt. Nilima Giri, & Sri Dhiraj Kumar Giri, residing at Premises
being no. 162, Banamali Ghosal Lane, Post Office & Police Station Behala,
Kolkata – 700034, District South 24 Parganas.
Demand
Notice for a sum of Rs. 1,05,00,000/- (Rupees One Crore and Five Lakhs) only, along
with applicable interest thereon, till realization.
Dear Sir/s,
Under instructions of
my Clients Smt. Nilima Giri, & Sri Dhiraj Kumar Giri, residing at Premises
being no. 162, Banamali Ghosal Lane, Post Office & Police Station Behala,
Kolkata – 700034, District South 24 Parganas, do hereby states as follows;
1.
That
my clients have paid to you a total sum of Rs. 1,05,00,000/- (Rupees One Crore and Five Lakhs Only) between
the year 2006 to December 2014,
in several installments, against your assurance of selling a total area of 3 (Three) Bighas and 6 (Six) Cottahas
of land, more or less, situated at Mouzas
– Bhasa and Bagi, under Dag Nos.
629, 277, and 278, within your so-called “Pailan City Project”.
2.
That
you have duly acknowledged the receipt of the said payments under your seal and
signature and assured my clients of your sincere intent to execute and register
the Deed of Conveyance in respect of the said land in their favour.
3.
That
from time to time you requested my clients to wait, citing temporary
inconvenience, and assured them repeatedly that the registration of the said
land would be completed at the earliest.
4.
That
despite your repeated assurances, you failed,
neglected and avoided executing and registering the said Deed of Conveyance within the
committed period of November 2015,
and continue to delay the same without just or lawful cause.
5.
That
my clients, having waited patiently for over a decade, now demand that you refund the entire sum of Rs. 1,05,00,000/-
(Rupees One Crore and Five Lakhs Only) along with prevailing banking interest from the date of last
payment till full realization, within 15 (Fifteen) days from the date of receipt of this notice.
6.
TAKE NOTICE, that unless you make payment of the
aforesaid amount being Rs. 1,05,00,000/- (Rupees One Crore and Five Lakhs)
only, along with interest within the stipulated period, my clients shall be
constrained to take appropriate civil
and criminal legal action against all of you jointly and severally,
including but not limited to filing of suit
for recovery, proceedings under
the Consumer Protection Act, and initiation of criminal proceedings for cheating and criminal breach of trust,
entirely at your risk, cost and consequences.
7. This is your final opportunity to amicably resolve
the matter and avoid the rigors of protracted litigation.
8. This notice is issued without prejudice
to my Clients’ rights and remedies, available under law and in equity.
Thanking you,
Yours faithfully,
Sanjib Saha
Advocate
High Court Calcutta
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