SLV ASSOCIATES

TEAM OF LEGAL EXPERTS

Shweta Leve
ADVOCATE
11, 2nd floor, Priyanka Park, Sanewadi, ITI Road, Aundh, PUNE 411 007
(M) 95035-44422
E-mail: slvassociates.com@gmail.com

_____________________________________________________________________
Ref. No. SLVA/REJ-N/MERC/01/2014

March 27, 2014

REJOINDER NOTICE
(BY REGISTERED A.D.)
Mr. Ojas Deolankar, Advocate
K S LEGAL ADVOCATES & ASSOCIATES
S.No. 1206/18A, Sakar Bungalow, K P Kulkarni
Road, Off J M Road, PUNE 411 004
Ref: Your reply dated March 5, 2014

Sir,
Your reply dated March 5, 2014, Ref. No. Nil, sent by you on
behalf of your client/s Mr. ANAND PALKAR - Director & Dr.
APOORVA PALKAR Advisor (Hereinafter referred to as YOUR
CLIENTS) of MERC INSTITUTE OF MANAGEMENT, having its
Institute Office at:

167, Bhukum, Paud Road, Near Manas

Lake, PUNE 412 115 has been received by us and we have

been instructed by Mr. VENKATESHWAR PADMANABHAN

REJOINDER NOTICE

(Hereinafter referred to as OUR CLIENT) to reply the same as

under:
1)

THAT at the outset, going through the contents of your

reply and based on the facts on records and information
supplied to us by OUR CLIENT, all the statements,
averments and allegations made by your clients, in your
reply under reference, against OUR CLIENT save and
except any fact specifically admitted by OUR CLIENT are
summarily denied, refuted and squashed out being
untrue, false, frivolent, unlawful, away from truth,
baseless, groundless and made with an ulterior motto of
unnecessarily defaming, and made with a view to
unnecessarily harass OUR CLIENT by framing imaginary
case against OUR CLIENT and to obtain wrongful gains
from OUR CLIENT.

2)

THAT your clients are well aware that OUR CLIENT is a

reputed Management Professional from renowned INDIAN
INSTITUTE OF MANAGEMENT, Ahmedabad (IIM-A).

3)

THAT your clients do not appear to have read the

contents of mails sent by the Founder of our firm, Shri
Suraj L Vaswani properly. However, it is clear from your
reply on behalf of your clients that your clients have
presumed Shri Vaswanis emails as Legal Notices and
that has been your clients choice.

4)

THOSE since 2003, your clients, specifically Dr. Apoorva

Palkar and OUR CLIENT were associated with each other
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REJOINDER NOTICE

as colleagues in MUMBAI EDUCATIONAL TRUST (MET),

Bandra, Mumbai.
5)

THAT based on OUR CLIENTs prior association with

your clients specifically Dr. Apoorva Palkar as mentioned
in Point 4 of this REJOINDER NOTICE, OUR CLIENT, in
good faith and trust, got associated with your clients.

6)

THAT initially OUR CLIENT was associated with your

clients

as

Consultant

on

consultation

fee

of

Rs. 56,000/- per month from January 2012 to March

2012 (Please refer Form 16A issued by your clients to
OUR CLIENT).
7)

THAT OUR CLIENT claims that between April 1, 2012

and September 6, 2012, when OUR CLIENT was not
associated with your clients in any form, your clients to
obtain wrongful gains, have utilized OUR CLIENTs name
on

your

clients

web

site

https://webarchive.org/web/20120819190033/http:/
/ www.merc.edu.in/.
8)

THAT your clients appointed OUR CLIENT with your

clients Institute - MERC Institute of Management, as a
Core Faculty and not as a Visiting Faculty as claimed by
your clients, in Point 5 of your said reply, Ref. Nil, dated
March

5,

2014.

(Kindly

refer

http://merc.edu.in/pdf/210312_1_InformationFolder
12.pdf)

and

also

refer

REJOINDER NOTICE

(https://web.archive.org/web/20130328070359/http:
//www.merc.edu.in/).
9)

THAT being a Core Faculty, OUR CLIENT even attended

Faculty Development Program on Revised Curriculum
for Economic Analysis for Business Decision, which
was

held

on

Management

August

14,

Education

2013

Research

at

Institute
and

of

Training

(IMERT), in association with University of Pune (Please

refer to the CERTIFICATE issued to OUR CLIENT by
your clients said Institute MERC Institute of
Management).
10)

THAT from September 7, 2012 to March 17, 2013, OUR

CLIENT was appointed as Dean Academics at a
monthly salary of Rs. 75,000/- per month on the
condition that OUR CLIENT would attend your clients
Institute MERC Institute of Management, three (3)
days per week in a month. As mutually agreed & decided
between OUR CLIENT and your clients, OUR CLIENT
attended your clients above mentioned Institute on the
conditions agreed there upon till March 17, 2013.

11)

THAT OUR CLIENT claims that OUR CLIENT has not

been issued his appointment letter by your clients.

12)

THAT OUR CLIENT even not having been issued his

appointment letter, continued being associated with your
clients in good faith, trusting your clients would never
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REJOINDER NOTICE

take undue advantage of OUR CLIENT of not having his

appointment letter.
13)

THAT

OUR

Professional

CLIENT
from

being

reputed

INDIAN

Management

INSTITUTE

OF

MANAGEMENT, AHMEDABAD, your clients has taken

full advantage of OUR CLIENTs repute to build brand
visibility of your clients Institute MERC Institute of
Management.
14)

THAT on March 12, 2013, your clients called upon OUR

CLIENT urgently to discontinue OUR CLIENTs other
consulting, training & teaching assignments with other
Management

Institutions,

to

attend

your

clients

Management Institute MERC Institute of Management

on a full-time basis at a salary of Rs. 1, 50,000/- per
month for Institution Building, which has been in line
with OUR CLIENTs last salary drawn.
15)

THAT with persistently having good faith and trust, OUR

CLIENT discontinued his consulting, training & teaching
assignments with other Management Institutions and
started attending your clients Institute - MERC Institute
of Management on a full-time basis, i.e. six (6) days a
week based on your clients promise, assurance and
commitment.

16)

THAT from March 18, 2013 to November 30, 2013,

OUR CLIENT continued to be associated with your clients

REJOINDER NOTICE

and played the role of Dean Academics, though your

clients printed OUR CLIENTs visiting card as Dean
Public Relations (Please refer Visiting Cards issued by
your clients to OUR CLIENT).
17)

THAT when OUR CLIENT objected the difference between

his role being played as Dean Academics and his
visiting cards being printed as Dean-Public Relations,
your clients convinced OUR CLIENT stating that it is not
the designation which is important and printed on the
visiting cards, important is the role which OUR CLIENT
played at your clients Institute - MERC Institute of
Management.

18)

THAT when being asked by OUR CLIENT to your clients

of

OUR

CLIENT

not

being

paid

at

salary

of

Rs. 1, 50,000/- per month as per your clients promise,

assurance and commitment between March 18, 2013
and September 7, 2013, your clients again committed to
pay OUR CLIENT retrospectively from March 18, 2013
once your clients would receive fees from its students in
the month of June 2013. [Kindly refer your clients
specifically

Dr.

Apoorva

Palkars

mail

dated

December 28, 2013 at 6:16 hrs., wherein Dr. Apoorva

Palkar has clearly mentioned in her mail to OUR
CLIENT,

from

her

official

email

ID,

i.e.

apoorva.palkar@esakal.com that I was very clear in

my communication about 150000 that you asked for
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REJOINDER NOTICE

post July. So dues post July will be handled].

19)

THAT OUR CLIENT persistently having good faith &

trust, agreed the above Point No 18 of this REJOINDER
NOTICE and continued his association with the said
Institute till November 30, 2013, when your clients asked
OUR CLIENT to disassociate from the said Institute
without providing a proper NOTICE PERIOD to OUR
CLIENT, as your clients stated that your clients could not
afford to pay OUR CLIENTs salary.

20)

THAT OUR CLIENT did not receive the above mentioned

salary of Rs. 1, 50,000/- mentioned in Point 18 of this
REJOINDER

NOTICE

as

promised,

assured

and

committed by your clients and by not paying OUR

CLIENT the promised salary of Rs. 1, 50,000/- per
month, your clients have cheated and committed a
breach of trust to OUR CLIENT (Please refer to salary
slips issued by your clients to OUR CLIENT from
February 2013 to July 2013).
21)

THAT with respect to Point 7 of your reply, Ref. No. Nil,

dated March 5, 2014, OUR CLIENT claims that OUR
CLIENTs marketing efforts resulted in admission of 23
students from Goa for the Institutes PGDM course at your
clients Institute MERC Institute of Management.

22)

THAT the above said 23 students mentioned in Point 21

of this REJOINDER NOTICE were willing to pay fees only
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REJOINDER NOTICE

if they were convinced that OUR CLIENT was a full-time

faculty and Dean of the Institute, which your clients also
confirmed the same to its students.
23)

THAT OUR CLIENT further claims that if OUR CLIENT

had not been to Goa three (3) times to address the said
students along with other faculty and also not been
present at the Institute on March 12, 2013, the said 23
students would have returned to Goa without obtaining
admission at your clients Institute MERC Institute of
Management and as a result of which, your clients would
have suffered huge loss financially and in terms of its
repute, which OUR CLIENT safeguarded your clients
interests.

24)

THAT OUR CLIENT also claims that OUR CLIENT single

handedly took over and successfully completed the
responsibility

of

designing

&

preparing

the

PGDM

brochures, student handout, PGDM Program Structure,

PGDM Detailed Execution Plan, Induction Program of the
new admits and preparing curriculum calendar for the
next two (2) academic years (Please refer to the PGDM
Brochure, Induction Program, PGDM 2012-14 detailed
plan,

PGDM

Program

Structure

and

Curriculum

Calendar prepared by OUR CLIENT for your clients for

further two academic years that are retained by your
clients).
25)

THAT OUR CLIENT currently pursuing his PhD in

REJOINDER NOTICE

Outbound Training having already conducted twelve (12)

OBT programs so far, also conducted two (2) Outbound
Training Programs for MERCs PGDM

2012-14 (On

January 3, 2013) and 2013-15 batches during his tenure

with your clients said Institute MERC Institute of
Management.
26)

THAT OUR CLIENT also coordinated with the external

faculty for which OUR CLIENT even attended your clients
Institute MERC Institute of Management on two (2)
Sundays.

One of the Sundays, OUR CLIENT had even

traveled to Nasik straight from your clients said Institute

to address one of the marketing activities of your clients.
27)

THAT OUR CLIENT further claims that on October 26,

2013, OUR CLIENT organized a National Marketing
Seminar titled Futuristic Marketing Practices wherein
OUR CLIENT single handedly contributed by inviting
keynote speakers of OUR CLIENTs batchmates like Mr.
Shankar Jadhav and Mr. Krishna V Iyer along with OUR
CLIENTs junior of IIM-A, like Mr. Nageshwar Leela
(IIMA-2008 batch) for the said Marketing Event.

28)

THAT apart from the above contributions, OUR CLIENT

also helped your clients build & improve brand visibility
of

your

clients

Institute

MERC

Institute

of

Management by regularly organizing weekly Saturday

Guest Speaker Events, inviting Guest Speakers like Mr. V
P Raghunathan, CEO, Agile Labs, Dr. Gopal Krishnan,
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REJOINDER NOTICE

Ex-Dean, LPU, Mr. Vivekanand Kulkarni, Ex Dean LPU

and Founder Member Deutche Bank, Col. Prem Anand,
Chairman, Nagar Road Industries Association and Mr.
D K Mohan, nationally well-known Telecom Expert and
Ex-Head of Application Services Division of Reliance
Infocomm.

To continue build & improve brand

visibility of your clients said Institute, OUR CLIENT also

invited keynote speaker Mr. Alok Kumar, CEO, Sears
Holdings India for your clients said institutes HR
Summit, titled BOUNDARYLESS HR.

29)

THAT OUR CLIENT also organized your clients said

Institutes PGDM Induction & Orientation Program, by
inviting Ms. Parija Bhise, Ex HR Manager, GOOGLE,
Singapore, Mr. Santhosh Kulthe, Head HR, Chemtall
Rai, Mr. Gejo Srinivasan, Founder Elyon Education
and Ms. Anuradha Bhatkar, Manager DBS & Founder
YUVAMAARGADARSHAK.

30)

THAT considering your clients stating to OUR CLIENT,

that

your

clients

said

Institute

is

facing

financial

problems, wherein your clients regularly delayed staff

salaries month after month and even resorted to bank
overdrafts and loans, OUR CLIENT suggested your clients
specifically Dr. Apoorva Palkar during Dr. Apoorva
Palkar & OUR CLIENTs meeting once at Dr. Apoorva
Palkars Sakaal Office in June 2013 and later at

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REJOINDER NOTICE

Barista, Law College Road, in July 2013 that OUR

CLIENT would resort to attending your clients said
Institute three (3) days per week in a month, to help your
clients, cut costs in the interests of the said Institute.
However, your clients specifically Dr. Apoorva Palkar
requested OUR CLIENT not to do so as Dr. Apoorva
Palkar would help OUR

CLIENT obtain Outbound

Training Programs (Hereinafter referred to as OBT) for

Sakaal employees.

The details of the said meeting

between OUR CLIENT and Dr. Apoorva Palkar were well

corroborated to Mr. Anand Palkar, Director, MERC
INSTITUTE OF MANAGEMENT.
31)

THAT your clients specifically Dr. Apoorva Palkar did

organize two OBTs for which OUR CLIENT conducted one
OBT program for Sakaal employees at Khadakvasla and
the other for Sakaal Nagar employees at Panchgani.
SAKAAL issued a cheque for Rs. 20,000/- to OUR
CLIENT

for

conducting

the

said

OBTs

at

Rs. 10,000/- per OBT.

32)

THAT considering your clients statement of poor financial

standings of your clients said Institute MERC Institute
of Management in good faith and trust, OUR CLIENT did
not consider adding Rs. 20,000/- to its outstanding dues
of Rs. 4, 12,700/- as mentioned in Point 31 of this
REJOINDER NOTICE.

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REJOINDER NOTICE

33)

THAT in September 2013, Mr. Anand Palkar, Director,

MERC INSTITUTE OF MANAGEMENT, stated to OUR
CLIENT that your clients said Institute were continuously
facing financial problems and in view of the same, Mr.
Anand Palkar requested OUR CLIENT to attend the said
Institute three (3) days per week in a month, which OUR
CLIENT agreed and attended the said Institute for three
(3) days per week in a month, till November 30, 2013.

34)

THAT on November 20, 2013, your clients requested

OUR CLIENT to disassociate from the said Institute by
November 30, 2013 after close of office hours, without
providing any NOTICE PERIOD to OUR CLIENT, due to
your clients stating its inability to continue to pay OUR
CLIENTs salary.

OUR CLIENT explicitly asked your

clients of the outstanding payment to be paid to OUR

CLIENT between March 18, 2013 and September 7,
2013 at Rs. 1, 50,000/- per month basis, wherein OUR
CLIENT was paid only Rs. 75,000/- per month basis, as
OUR CLIENT attended the said Institute on full-time
basis during the above said period.
35)

THAT with reference to Point 34 of this REJOINDER

NOTICE, once again, your clients promised & committed
to OUR CLIENT that your clients would pay OUR CLIENT
the entire said outstanding payment, once your clients
receive fees from its students.

36)

THAT OUR CLIENT further makes it clear, comprehensive

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REJOINDER NOTICE

and apparent that all the contentions and statements

made by OUR CLIENT in this REJOINDER NOTICE
through us shall be treated completely intact and integral
part of all further legal proceedings in the matter.
37)

THAT OUR CLIENT does hereby wish and is willing to

settle his concern amicably subject to your clients
clearing

OUR

CLIENTs

outstanding

dues

of

Rs. 4, 12, 700/- along with interest at the rate of 18% till
the date of outstanding payment dues made to OUR
CLIENT. Hence, if your clients agree with OUR CLIENTs
contentions to reach to the appropriate resolution in the
interest of all the concerned, OUR CLIENT hereby shows
his concern and willingness to meet in person with your
clients in the presence of Shri Vaswani, so that needful
decision could be arrived at in mutual interests.
38)

THAT it is with such Bonafide intentions that OUR

CLIENT hereby gives an opportunity to your clients to
resolve OUR CLIENTs concerns amicably., and if your
clients still wish to provoke OUR CLIENT to initiate any
legal proceedings, we have been instructed by OUR
CLIENT to do so, at your clients own risks as to the costs
and consequences thereof, and in that event, your clients
shall have to thank none; however, themselves for their
own illegal actions which, please ask your clients to note.

39) THAT in the event, if your clients did not settle OUR
CLIENTs outstanding dues of Rs. 4, 12,700/- along with

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REJOINDER NOTICE

18% interest till the last date of payment made to OUR

CLIENT, OUR CLIENT, would have no choice left; however,
be constrained to approach appropriate statutory authorities
related

to

the

Management

Institutions

and

register

complaint against your clients which your clients please take

note of the same.
40) THAT in view of the above, OUR CLIENT demands an
apology in writing from your clients for defaming OUR
CLIENT to defraud and extraditing monies from your clients
which is not true & incorrect, and with malafide intentions,
has been sent to us on behalf of your clients in your Notice,
Ref. Nil, dated March 5, 2014.
41) THAT your clients are hereby called upon to repay the above
said entire outstanding amount along with interest at 18%
till the last day of payment made to OUR CLIENT within 15
days from the date of receipt of this REJOINDER NOTICE.
42) THAT your clients early compliance to do so, will resolve the
issues amicably and would avoid litigation, failing which, we
have peremptory instructions from OUR CLIENT to proceed
against your clients as per Law filing Criminal Litigations
against your clients for seeking appropriate reliefs under
Section 120B read with 34 of Indian Penal Code (IPC),
U/s.

415,

420

and

499

before

the

Competent

Authorities/Courts of Law.
43) THAT charges of this REJOINDER NOTICE of Rs. 20, 000/shall solely rest upon your clients, which please note.
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REJOINDER NOTICE

Sincerely

ADVOCATE

PUNE

CC:
1)

Mr. Anand Palkar, Director

MERC Institute of Management
PUNE

2)

Dr. Apoorva Palkar, Advisor

MERC Institute of Management
PUNE

3)

The Commissioner of Police

Commissioners Office
PUNE

4)

The Sr. Police Inspector

Mulshi, Dist. PUNE

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