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In the matter of –
M/S Maahi Agro Foods through its proprietor Nasim Qureshi S/o Mohd.
Hanif Qureshi R/o Aman Enclave Opp. Hartman College Bareilly 243122.
(Client)
vs
1 – Abbas Fida Ali Tarawala S/o (unknown) R/o Flat No. 1803 Orchid
Enclave, B Wing, E Bellasis Road, Opp. BEST Bus Depot, Mumbai Central
( East ) - 40008
(Noticee)
To
1 – Abbas Fida Ali Tarawala Tarawala S/o (unknon) R/o Flat No. 1803
Orchid Enclave, B Wing, E Bellasis Road, Opp. BEST Bus Depot, Mumbai
Central ( East ) - 40008
Res. Sir,
Pursuant to the instructions from and on behalf of my above mentioned
client, I do hereby serve you with the following Legal Notice.
1 – That you noticee is owner of a residential premises addressed as Flat No. 4103
Orchid Enclave, B Wing, E Bellasis Road, Opp. BEST Bus Depot, Mumbai
Central ( East ) – 40008 admeasuring 959 sq.ft carpet area on 41st floor.
2 – That my above mentioned client from some common sources came to know
that you noticee is willing to sale your above mentioned residential premises. My
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above mentioned client contacted you through a broker and gave you token money
of Rs. 9,99,976.40/-
3 – That as per discussion with you noticee my above mentioned client booked
your above mentioned residential premises with a token money of Rs.
9,99,976.40/- ( Nine Lack Ninety Nine Thousand Nine Hundred Seventy Six and
Fourty paisa only ) out of which 4,99,976.40/- was paid through RTGS UTR No.
SBINR52022081199000606 dated 11/08/2022 and rest 5,00,000/- was paid
through cheque no. 644674 State Bank of India cleared
5 – That after paying you the token money my client started arranging rest of the
amount through loan from bank and other sources as discussed.
6 – That when my client was ready with his arrangements through bank
and other sources to pay you the remaining amount and get the
residential premises registered in his name. He came to know that you
are out of country. My client tried to contact you many times but your
phone was either not reachable or was out of service. Once when you
picked up the phone you told my client that you have sold the flat to
someone else.
7 – That you noticee without informing my client sold the flat to someone else.
This gave a grievous shock to my client because he had paid a huge file charges for
the bank loan and even sold some of his properties to arrange the money for
buying above mentioned flat form you. My client even requested you to not to do
so. But you deliberately did not pay any heed towards my client’s request instead
you assured my client that you will return the token money soon.
8 – That you noticee on 19/05/2023 through NEFT paid my client Rs. 10/-
reference no. CEN6309003 and on 20/05/2023 through RTGS Rs. 4,99,990/-
reference no. CEO6573303.
9 – That when my client again tried to contact you for the remaining amount he
was told by you noticee that he has to do nothing with my client and you noticee
asked my client to contact the broker and do not disturb you again. When My client
asked you Sir I have given money to you in your account why should I contact the
broker then you noticee disconnected my clients call and blocked him.
10 - That it seems that you noticee in order to cheat my client with prior malafide
intention and with premediated planning has obtain some favour from my client.
So by this way you have committed an offence of criminal nature apart.
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11- That by this notice I the under signee is informing you that you are liable to
pay the remaining amount of Rs 5,00,000/- along with the amount my client paid
for the file charge for loan i.e. Rs 50,000/- and also to bear a load of the legal
expenses i.e Rs 15,000/-
So you are now requested to make the payment of the above-said
amount within fifteen days after receiving of this notice, failing which criminal
proceedings will be initiated against you as contemplated along with any other
sections of appropriate legislation.
This is without prejudice to all other legal rights and remedies available to our
client for the above-stated purpose.
Kindly take notice and save it for future. A copy of this notice is preserve with me
for further action.
Dated 10th Day of July 2023 Sincerely
(Amjad Saleem advocate)
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