Further Notice in continuation of the Legal Notice

 

 

By Registered Post / Speed Post / Ordinary Post / Email

 

WITHOUT PREJUDICE

 

To

(1) M/s. Ideal Real Estates Private Limited
Having its Registered & Corporate Office at
Premises No. 50, Jawaharlal Nehru Road,
11th Floor, Kolkata – 700071, West Bengal.
Phone: +91 33 2282 1548 / 0513 / 5410
Email: idealrocfilings@gmail.com

 

(2) Mr. Nakul Himatsingka
DIN: 00114503, Director,
M/s. Ideal Real Estates Private Limited
Having its Registered & Corporate Office at
Premises No. 50, Jawaharlal Nehru Road,
11th Floor, Kolkata – 700071, West Bengal.
Phone: +91 33 2282 1548 / 0513 / 5410
Email: idealrocfilings@gmail.com

 

(3) Mr. Anuj Tulsyan
DIN: 00114550, Director,
M/s. Ideal Real Estates Private Limited
Having its Registered & Corporate Office at
Premises No. 50, Jawaharlal Nehru Road,
11th Floor, Kolkata – 700071, West Bengal.
Phone: +91 33 2282 1548 / 0513 / 5410
Email: idealrocfilings@gmail.com

 

Sub: Further Notice in continuation of the Legal Notice dated 3rd August, 2026 concerning Flat No. 5A, Block-D, “Ideal Exotica”, situated at Premises No. 21, Parmartha Chowdhury Sarani, Ward No. 81, Police Station New Alipore, Kolkata – 700053

 

 

Sir/s,

 

Under instructions and on behalf of my client, M/s. Signatures Advertising Private Limited, a company incorporated under the provisions of the Companies Act and having its registered office at Premises No. 174/1, Raja Ram Mohan Roy Road, Kolkata – 700008, represented by its Director, Mr. Barun Kumar Ghosh, son of Late Sujit Kumar Ghosh, residing at Premises No. 693, Kasta Danha Road, Sarsuna, South 24 Parganas, Kolkata – 700061, I hereby address you as follows;

 

1. That, under instructions from my client, I had caused a detailed Legal Notice dated 3rd August, 2026 to be issued and served upon all of you, calling upon you, inter alia, to hand over peaceful, vacant and physical possession of Flat No. 5A, Block-D, on the 5th Floor of the residential complex known as “Ideal Exotica”, together with two open car parking spaces, and to execute and register the appropriate Deed of Conveyance in favour of my client with clear, marketable and unencumbered title.

 

2. That, by the aforesaid Legal Notice, you were also called upon to disclose and clarify the complete factual and legal position concerning the mortgage, charge, lien, security interest or other encumbrance reportedly created in favour of YES Bank Limited and/or any other Bank or Financial Institution, and to furnish all relevant documents establishing that the apartment agreed to be sold to my client was free from every encumbrance.

 

3. That the said Legal Notice further called upon you, in the alternative, to refund the entire sum of ₹2,20,56,000/- (Rupees Two Crore Twenty Lakhs Fifty-Six Thousand only) received from my client, together with applicable interest, compensation, damages, legal costs and incidental expenses, in the event of your inability to deliver possession and convey clear, marketable and unencumbered title.

 

4. That you have duly received the aforesaid Legal Notice and are fully aware of its contents, demands, consequences and the legal rights and remedies expressly reserved by my client.

 

5. That subsequent to the receipt of the said Legal Notice, Mr. Nakul Himatsingka, Director of M/s. Ideal Real Estates Private Limited, contacted my client and represented and assured my client that the matters raised in the Legal Notice would be resolved at the earliest and, in any event, on or before 30th September, 2026.

 

6. That, while seeking such time, Mr. Nakul Himatsingka requested my client not to initiate or proceed with any legal action before any Court of law, Tribunal, Consumer Commission, Regulatory Authority or other competent forum until the expiry of the aforesaid period. The said request was made upon the express assurance that the obligations and demands contained in the Legal Notice would be duly addressed and complied with within the promised period.

 

7. That, relying upon the aforesaid assurance and apparent willingness on your part to resolve the matter and comply with the Legal Notice, my client has, as a matter of indulgence and without prejudice to its rights and contentions, decided to defer the proposed legal proceedings until 30th September, 2026.

 

8.   You are, therefore, hereby called upon to honour the assurance given by your Director and to fully and effectively comply with all the demands contained in the Legal Notice dated 3rd August, 2026 on or before 30th September, 2026, including by;

 

a. furnishing complete particulars and supporting documents concerning every mortgage, charge, lien, security interest or encumbrance affecting the said apartment or project;

 

b. obtaining and furnishing all necessary No Objection Certificates, release letters, deeds of release, redemption documents and other papers establishing that the said apartment is free from all encumbrances;

 

c. handing over peaceful, vacant and physical possession of Flat No. 5A, Block-D, together with the two open car parking spaces;

d. executing and registering the proper Deed of Conveyance in favour of my client with clear, absolute, marketable and unencumbered title; and

 

e. in the alternative, if clear and unencumbered title cannot lawfully be conveyed, refunding the entire amount received from my client together with interest, compensation, damages, legal costs and all other amounts claimed in the original Legal Notice.

 

9. It is expressly clarified that the time granted until 30th September, 2026 is solely pursuant to your request and assurance. The temporary deferment of legal proceedings shall not be construed as any waiver, abandonment, relinquishment, variation, novation or compromise of any right, demand, claim, cause of action or remedy available to my client under the Agreement for Sale, the Legal Notice dated 3rd August, 2026 or the applicable law.

 

10. Nothing contained in this Further Notice shall be treated as replacing, modifying or diluting the demands made in the original Legal Notice. The Legal Notice dated 3rd August, 2026 shall continue to remain valid, subsisting and binding in its entirety, and this Further Notice shall be read as an integral continuation thereof.

 

11. You are hereby put to final notice that, should you fail or neglect to fully perform your obligations and honour the assurance given to my client on or before 30th September, 2026, my client shall, immediately upon expiry of the said period, be at liberty to initiate all appropriate civil, consumer, regulatory, criminal and other legal proceedings against all persons responsible before the competent Courts, Tribunals, Consumer Commissions, Regulatory Authorities and other forums, entirely at your risks as to costs and consequences.

 

12. Upon such default, no further notice, reminder, demand or opportunity shall be given to you. My client shall proceed to seek all appropriate interim and final reliefs, including specific performance, delivery of possession, execution and registration of the Deed of Conveyance, declaration, injunction, refund with interest, compensation, damages, attachment and costs, together with such other reliefs as may be available in law.

 

13. Any loss, damage, prejudice, escalation of liability or additional expense suffered by my client by reason of its reliance upon your assurance and consequent deferment of legal proceedings shall also be claimed from you in the appropriate proceedings.

 

This Further Notice is issued without prejudice to all the rights, remedies, claims and contentions of my client, each of which is expressly reserved.

 

You are advised to take due notice hereof, honour the assurance given by you and govern yourselves accordingly.

 

A copy of this Further Notice is retained in my office for future reference and necessary action.

 

Yours faithfully,

 

 

Sanjib Saha

Advocate

High Court Calcutta