SAMANVAYA LAW & PARTNERS
17TH FLOOR, SPACES MAX TOWERS, SECTOR-16B, NOIDA-201301
Tel: +91-120-6870799 Mobile: +91-9311579975 E-mail: office@samanvayalaw.com
www.samanvayalaw.com
BY EMAIL/SPEED POST/REGD AD
(WITHOUT PREJUDICE)
To Dated: 04.04.2023
M/S. Glair Industries
Ref No. SLP/GI/001/2023
Through its Partner(s)
1. Mr. Vipin Kapoor
2. Mr. Sanil Kumar Kunwar
Having its Principal address at:
A-29, Ghazipur Village,Delhi-
110096, NCT of Delhi, India.
Email address:
kapoor0977@gmail.com
PAN No: AAVFG3111F
GSTIN: 07AAVFG3111F1ZJ
MobileNo.: +91-9811164650, and
8383817559
LEGAL NOTICE FOR THE RECOVERY OF THE AMOUNT
INR20,64,828/-(INDIAN RUPEES TWENTY LAKH SIXTY-FOUR
THOUSAND EIGHT HUNDRED AND TWENTY-EIGHT
ONLY)ALONG WITH INTEREST @ 18% PER
Page 1 of 9
SAMANVAYA LAW & PARTNERS
17TH FLOOR, SPACES MAX TOWERS, SECTOR-16B, NOIDA-201301
Tel: +91-120-6870799 Mobile: +91-9311579975 E-mail: office@samanvayalaw.com
www.samanvayalaw.com
ANNUMCALCULATED FROM 20.08.2022 TILL REALIZATION
OF THE COMPLETE PAYMENT
Dear Sir(s),
Under the specific instructions from and on behalf of our client, Mr.
Niranjan Gupta sole Proprietor of M/s. Vikash Steel, and Tubes, having his
office at 164 Prakash Industrial Estate, Sahibabad, Chikamberpur,
Ghaziabad-201005, Uttar Pradesh, India, we, do hereby serve upon you
with the following legal notice:
1. That our client is a business owner in the area of express distribution
of various high-grade quality of Steel Pipes, M.S., G.I.G.P, Square
and Rectangular Pipes and other allied products. They have earned a
lot of name and repute in the business being one of the strong players
in their sector of business.
2. That you the abovenamed addressee namely M/S. Glair Industries
through its partner(s) allegedly involved in the work of iron metals
and construction.
Page 2 of 9
SAMANVAYA LAW & PARTNERS
17TH FLOOR, SPACES MAX TOWERS, SECTOR-16B, NOIDA-201301
Tel: +91-120-6870799 Mobile: +91-9311579975 E-mail: office@samanvayalaw.com
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3. That you the abovenamed addressee approached in the month of
July, 2022 with the ulterior intentions to cheat and defraud our client
and placed the order for the supply of steel pipes. On your request,
our client supplied the goods to you the abovenamed addressee from
15.07.2022 to 20.08.2022 and raised the invoices worth of INR
69,83,709/- (Indian Rupees Sixty-Nine Lakh Eighty-Three Thousand
Seven Hundred and Nine Only) between15.07.2022 to 20.08.2022 as
follows:
SI. Invoice no. & Date Invoice Amount
No. (INR)
1. Invoice no. GZB/22-23/842 18,14,108/-
Dated:15.07.2022
2. Invoice no. GZB/22-23/973 9,45,251/-
Dated:30.07.2022
3. Invoice no. GZB/22-23/980 17,59,522/-
Dated:31.07.2022
4. Invoice no. GZB/22-23/1074 10,14,086/-
Dated:10.08.2022
5. Invoice no. GZB/22-23/1164 14,50,742/-
Dated:20.08.2022
Total 69,83,709/-
4. It is pertinent to mention that you the abovenamed addressee on
every ask of your order were supplied the best quality of goods and
you duly accepted the same along with invoices without any dispute
and objection.
Page 3 of 9
SAMANVAYA LAW & PARTNERS
17TH FLOOR, SPACES MAX TOWERS, SECTOR-16B, NOIDA-201301
Tel: +91-120-6870799 Mobile: +91-9311579975 E-mail: office@samanvayalaw.com
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5. However, when the payment was requested, you the abovenamed
addressee expressed your inability to pay the due amount but made a
promise that you will make the complete payment of the amount and
gave a cheque bearing no. 000110 dated 14.08.2022 for the amount
INR 14,51,287/- (Indian Rupees Fourteen Lakh Fifty-One Thousand
Two Hundred and Eighty-Seven Only)drawn on ICICI Bank in
favour of our client (M/s. Vikash Steel, and Tubes) to gain the trust
of our client.
6. It is pertinent to mention that you the abovenamed addressee
requested to our client not to present the said cheque as you will
transfer the amount vide Real Time Gross Settlement (for short,
“RTGS”). Our client believing on your words and to maintain
healthy commercial relations did not present the same and continued
to supply the goods afterwards. As requested, our client further
supplied the goods to you and raised the invoice no. GZB/22-
23/1164 dated: 20.08.2022 for the amount INR 14,50,742/-.
7. When our client requested you the abovenamed addressee for the
previous overdue along with the latest due, it was assured by you that
the payment of complete due amount INR 69,83,709/-(Indian Rupees
Sixty-Nine Lakh Eighty-Three Thousand Seven Hundred and Nine
Page 4 of 9
SAMANVAYA LAW & PARTNERS
17TH FLOOR, SPACES MAX TOWERS, SECTOR-16B, NOIDA-201301
Tel: +91-120-6870799 Mobile: +91-9311579975 E-mail: office@samanvayalaw.com
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Only)shall be made within 15 (Fifteen) days. Moreover, to win the
trust and deceive our client you the abovenamed addressee gave the
postdated cheques, drawn on ICICI Bank in favour of our client
(M/s. Vikash Steel, and Tubes)to discharge your part liability and
due amount, the details of them are mentioned as below:
SI. Cheque no. Cheque date Cheque amount
No. (INR)
1. 000121 31.08.2022 7,56,200/-
2. 000122 31.08.2022 14,07,617/-
3. 000124 10.09.2022 10,14,086
4. 000125 20.09.2022 14,50,742/-
5. 000126 31.08.2022 1,03,777/-
Total 47,32,422/-
8. It is stated that when our client requested for the payment you the
abovenamed addressee made a promise that all the cheques shall
be cleared on the presentation. As promised, our client presented
the following cheques to his banker but to his utter surprise all the
below mentioned cheques were dishonoured on the ground of
“FUNDS INSUFFICIENT”:
SI. Cheque no. Cheque date Cheque amount
No. (INR)
1. 000110 14.08.2022 14,51,287/-
2. 000122 31.08.2022 14,07,617/-
Page 5 of 9
SAMANVAYA LAW & PARTNERS
17TH FLOOR, SPACES MAX TOWERS, SECTOR-16B, NOIDA-201301
Tel: +91-120-6870799 Mobile: +91-9311579975 E-mail: office@samanvayalaw.com
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3. 000121 31.08.2022 7,56,200/-
4. 000126 31.08.2022 1,03,777/-
5. 000125 20.09.2022 1,45,742/-
6. 000124 10.09.2022 10,14,086/-
9. When our client informed about the said cheques, you the
abovenamed addressee promised to clear the pending amount by
November, 2022 and requested not to initiate any legal proceedings.
By March , 2023, you made the following payment to our client’s
different business concern namely Vikash Steel Tube Private Limited
[CIN No. U51909DL2019PTC353945] having different GST
Number and PAN details:
SI. No. Date Amount
(INR)
1. 14.09.2022 10,00,000/-
2. 17.09.2022 14,07,617/-
3. 04.11.2022 13,11,264/-
4 29/03/2023 4,00,000/-
Total 41,18,881/-
10. It is stated that though the said payment was made to the different
business concern namely Vikash Steel Tube Private Limited [CIN
No. U51909DL2019PTC353945] having different GST Number and
PAN details, yet our client adjusted against his account at his own
coat and expense.
Page 6 of 9
SAMANVAYA LAW & PARTNERS
17TH FLOOR, SPACES MAX TOWERS, SECTOR-16B, NOIDA-201301
Tel: +91-120-6870799 Mobile: +91-9311579975 E-mail: office@samanvayalaw.com
www.samanvayalaw.com
11. When our client enquired about the remaining payment of INR
20,64,828/-, you the abovenamed addressee promised that the
dishonoured cheques can be presented again and the same shall be
cleared. However, the cheques were dishonoured again.
12. That again our client informed about the dishonoring of cheques and
again you the abovenamed addressee assured to clear the said
amount by February, 2023.Moreover, you issued the postdated
cheque bearing no. 000143 dated 20.03.2023 for the amount INR
5,00,000/- (Indian Rupees Five Lakh Only) drawn on ICICI Bank in
favour of our client (M/s. Vikash Steel, and Tubes) which also
dishonoured on the ground of “FUNDS INSUFFICIENT”.
13. It is important to point out that our client on your assurances of the
payment has timely deposited the Goods and Service Tax (GST)
against the invoices raised between15.07.2022 to 20.08.2022 of the
amount INR 69,83,709/- (Indian Rupees Sixty-Nine Lakh Eighty-
Three Thousand Seven Hundred and Nine Only), but you the
abovenamed addressee has not credited the due and remaining
payment of INR 20,64,828/-till date.
Page 7 of 9
SAMANVAYA LAW & PARTNERS
17TH FLOOR, SPACES MAX TOWERS, SECTOR-16B, NOIDA-201301
Tel: +91-120-6870799 Mobile: +91-9311579975 E-mail: office@samanvayalaw.com
www.samanvayalaw.com
14. It is stated that our client always tried to explain his problems
because of your non-payment of the said due amount and the losses
suffered in vain but you the abovenamed addressee never fulfilled
your assurance of paying the due amount.
15. It is stated that the said intentional and illegal acts and wrongful
conduct rendered you the abovenamed addressee not only liable to
pay the overdue amount of INR 20,64,828/- (Indian Rupees Twenty
Lakh Sixty-Four Thousand Eight Hundred and Twenty-Eight Only)
along with interest @ 18% per annum calculated from 20.08.2022 till
realization of the complete payment but also to the offences of
cheating and fraud.
16. In case, our client does not receive the overdue amount INR
20,64,828/- (Indian Rupees Twenty Lakh Sixty-Four Thousand Eight
Hundred and Twenty-Eight Only) along with interest @ 18% per
annum calculated from 20.08.2022 till realization of the complete
paymentwithin 15 (Fifteen) days from the date of receipt of the
present notice, our client shall be constrained to take legal action
against you the abovenamed addressee under the Commercial Act
and also under other provisions of the Indian Penal Code along with
Page 8 of 9
SAMANVAYA LAW & PARTNERS
17TH FLOOR, SPACES MAX TOWERS, SECTOR-16B, NOIDA-201301
Tel: +91-120-6870799 Mobile: +91-9311579975 E-mail: office@samanvayalaw.com
www.samanvayalaw.com
other appropriate legal provisions before a competent court of law at
your own risks, costs, and consequences.
17. A copy of this Legal Notice is retained in our office for further
reference.
FOR SAMANVAYA LAW & PARTNERS
SHIKHAR GARG
[Advocate]
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