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NISHANT SHARMA

ADVOCATE
Office: New-T-Block 58B, First Floor, Uttam Nagar West, New Delhi-110059
Mobile: +91-9953681574, Email: Sharma.nishant91.ns@gmail.com

21.11.2020

SPEED POST / COURIER


To,
Sh. Kapil Gulati
S/o Sh. Charanjit Gulati
R/o B-4/126, First Floor
Paschim Vihar, New Delhi

LEGAL NOTICE
Sir,
Under instructions from, for and on behalf of my client namely Sh.

Shubham Sharma S/o Sh. Jag Parvesh Sharma R/o WZ-48/4D, Street No.08,

Krishna Park Extension, Opposite New Mahavir Nagar, Tilak Nagar, New

Delhi-110018, I hereby serve upon you the addressee following Legal Notice:

1. That my client is the GPA Holder/Owner of the property bearing no.

Shop No. 1 at Property bearing no. WZ-48/4D, Street No.08, Krishna

Park Extension, Opposite New Mahavir Nagar, Tilak Nagar, New Delhi-

110018 (100 Square feet) (hereinafter referred to as “said property”).

2. That you, the addressee approached my client in the last week of May,

2020 and expressed your readiness and willingness to take the above said

shop no.1 at Property bearing no. WZ-48/4D, Street No.08, Krishna Park

Extension, Opposite New Mahavir Nagar, Tilak Nagar, New Delhi-


110018 (100 Square feet), on rent for commercial purposes and my client,

after the request made by your good self, agreed to let out the shop and

after thorough discussion and negotiations, all the terms and conditions

arrived at, which became part and parcel of Rent agreement executed on

02.06.2020 between your good self and my client.

3. That the bare perusal of the rent agreement dated 02.06.2020, will clearly

shows that on your request, my client has agreed to let out the said

property for the monthly rent of Rs 15,000/-(fifteen thousand only) per

month excluding electric charges which was decided to be paid on or

before 1st day of each calendar month.

4. That it is pertinent to mention herein that as per the terms and conditions

stipulated in the rent agreement, on 02.06.2020, you the addressee was

under the obligation to pay the rent on time i.e. first day of every each

calender month and if there is a default in payment of rent, then your

good self shall be liable and penalized to pay the same along with interest

at the rate of 2 percent per month to my client.

That in the last week of October, 2020, your good self along with

family members had tried several times in a well-planned manner to

pressurize, threatening my client and his father and forcing them to forget

the possession of the tenanted premises, again in future and even after

that my client had also warned your good self via whatsapp messages

regarding not adopting illegal activities again in future but all the efforts
of my client were in vein as still you did not stop yourself to cross the

limit for humiliating my client.

5. That on 1st day of November,2020, my client had made asked your good

self on several occasions for the rent of month of November as well as

electricity dues of earlier months but you did not deem it necessary to

discharge your obligations by making the payments but on one pretext or

other, every time you sought time after giving promise to my client that

the all the due amount would be paid as soon as possible.

6. That it is pertinent to mention herein that when your good self-stopped

picking the call of my client, after getting sufficient time to discharge the

payment of rent, then as per the terms and conditions agreed in the rent

agreement, my client presented the cheque bearing 196725 drawn upon

Central Bank of India for an amount of Rs 15,000/- in the bank but it was

dismay and shocked to my client, when the Cheque provided by your

good self in discharge of his liability, has been dishonoured and returned

as unpaid vide Return Memo dated 04.11.2020 with the remarks

“Payment Stopped by Drawer”.

7. That when my client apprised you of the aforesaid dishonor, your good

self, instead of making the payment of due amount, you not only refused

to pay single penny to my client but also threatened my client and his

family members with filthy, abusive and unparliamentary language, to


handover the possession of tenanted premises to goonda elements and

implicate them in a false criminal case.

8. That you were under an obligation that there is sufficient balance in your

account and should not stop the payment of cheque given for discharge of

your liability, so that the cheque given to my client are honored and

cleared on their presentation. However, the said cheque has been returned

as dishonored which shows that your intentions are dishonest and you

have no intention of paying the amount legally due to my client.

9. That despite repeated written reminders on several occasions from my

client you did not deem it necessary to discharge your obligations by

making the payments. However, you refused to pay any heed to the said

requests, which appears that your intention was mala fide as well as

dishonest since the very beginning and you never wanted to repay the

money. You have willfully, knowingly and intentionally cheated my

client by inducing him and giving false representations. You have played

a fraud upon my client who trusted you and believed your representations

regarding timely payment. Hence you have exposed yourself to criminal

prosecution as available under The Indian Penal Code. Additionally, my

client also reserves a right to file a Civil Suit for recovery before the

competent and concerned Civil Court.

In the aforesaid facts and circumstances, I have been instructed to notify

you, which I hereby do and call upon you to pay the amount of Rs 15,000/-
(Fifteen Thousand only) to my client along with interest @ 24% p.a within

15 days of the service of this Notice, failing which my client shall be

constrained to initiate criminal and civil proceedings / litigation against you

as available under law, entirely at your own risks cost, as to consequences,

which please note.

NISHANT SHARMA
ADVOCATE