Date 5" December 2019 To Mr. 0 P Jhunjhunwala Khaitan & Co. Emerald House 1B Old Post Office Street Kolkata 700 001 India REGARDING CANCELLATION OF YOUR UNIT IN EMAMI CITY - INVOCATION OF ARBITRATION Dear Mr. Jhunjhunwala, Kindly refer to the emails sent by Emami City and my reply thereof (copy of all which is attached). Kindly also refer to my letter dated 18" November 2019 requesting for appointment, however there ‘was no reply from your end. kindly note | had received the copy of the agreement from Emami City in respect of unit B4-704 purchased along with Basement parking and Servant berth and in this regard you were appointed as the person to resolve any dispute & hence | invoke the proposed clause of Arbitration. Request you to kindly let me know how to move ahead in the matter. Looking forwards for a positive response. Warm Regards bog Sumit Bajaj 134, Block— A, Bangur Avenue Opposite Reliance Fresh 31 Floor Kolkata- 700055Sumit Baj Fro Sumit Bajaj wrote: Date- 4"December 2019 Mr Sumit Bajaj 134,Block-A, 3" Floor Bangur Avenue Kolkata-700055 Sub-Your Unit no B4-706 Dear In reply to your mail dated 03.12 2019, we would like to reiterate that several correspondences and reminders vide our letters/mails dated 24th July & 26" November 2018, 26th June, 30" September, 24", 28 & 31°" : vOctober, 1, 16'" & 21" November and 3“ December 2019, wherein we have been requesting you from the month of June 2019 to take the possession of your unit upon payment of your unit and complete the documentation process but you have not responded on that, rather you were stuck on various allegations and claims in your various replies as mentioned in your undemoted letters. Apart from these mails and letters, we have verbally requested also to you on several occasions to take the possession of your unit, knowing the fact that more than 350 flat owners have already taken possession of their flat upon making their outstanding payment. But you are still declining to take the possession, the reason behind these are best known to you. That the agreement for sub lease was sent to you for years ago but you were avoiding to sign that, not only avoiding but also creating the conflict between our cordial relations. However to end all those conflicts between us, you are once again requested to please take the possession of your desired flat upon payment of the balance payment and complete the documentation procedure within 7 ays as mentioned in our last letter dated 30" November 2019 failing which we will be compelled to adopt suitable steps as deemed fit and proper assuming that you are no longer interested to take possession of your flat. Thanking you ‘Yours Faithfully BP SINGH ROY From: Sumit Bajaj {mailto:sumitbajaj2000 @gmail.com| Sent: 03 December 2019 21:01 |ALES.EC; mohan@emamigroup.com; rsgoenka@emamigroup.com; rsagarwal@emamigroup.com; Nitesh Kumar inkit Sharma; secy-hira-wb@gov. in; g.choudhary@emamirealty.com; R K Agrawal; om. jhunjhunwala@khaitanco.com; kolkata@khaitanco.com; N H Bhansali Subject: Re: REGARDING CANCELLATION OF YOUR UNIT IN EMAMI CITY - INVOCATION OF ARBITRATION Dear Mohan ji/Goenka Sir, Agarwal sir, Please refer to the below mail I have received today from Sales team of Emami Realty. XeIt is highly surprising to receive a letter which is in the nature of threat to aggrieved home buyer like me. I really feel sad that this could be coming from a reputed Emami Group which believes in honesty, transparency and equality among all its customers. Last 2-3 months I have been following up for possession of my flat. For the same I have been requesting to execute the Agreement to Sub-lease and have been secking information & queries on my purported dream home which I think I am entitled to given I am a small home buyer without any bargaining power nor economic power. However, instead of replying to the queries & executing the Agreement, I have received this mail which is threatening me to either pay all interest amount along with INR 10.4 lakh final demand or else you will cancel the flat. The following letters and emails were being sent so as to ensure that I can ask my banker to make the payment etc however, they remained unanswered & no response were provided: 1. My Various emails dated August 21 2019, August 28" 2019, September 23” 2019, October 12" 2019, October 16" 2019, October 17" 2019, October 18" 2019, October 20" 2019, October 22% 2019, October 25" 2019, October 30" 2019 and all the emails sent prior to August 2019 remains unanswered. 2. Letter dated Nov 13th 2019 sent on apprising on Delay from Emami City & compensation arising therefrom. 3. Letter dated Nov 13th 2019 sent seeking important details on the project. 4, Letter dated Nov 16th 2019 requesting for execution of Agreement to Sub-lease so that I can ask my lender bank to make the payment. 5. Letter dated Nov 20th 2019 requesting again to executed the agreement. 6, Letter dated Nov 22nd 2019 reminder for above letters and emails 7. Letter dated Nov 24th 2019 seeking clarification on FMC ete. 8. Letter dated Nov 26th 2019 seeking clarification again on Project. 9. Letter dated Nov 29th 2019 again requesting to respond to all the above letters. Thad been following up long for execution of agreement and I have been seeking information on the project and also requested for inspection of the Parking & Servant quarter allotted to me which was denied from your sales team due to absence of relevant staff. However, instead of getting a reply on the above written communication made as above, the team of Emami Realty has sent this email threatening to cancel my flat in case amount along with interest is not paid within 7 days. I make it very clear that i am 100% interested in acquiring and taking the flat which is my hard earned property. ' &Although Emami Realty haven't agreed to sign on the agreement to Sub -lease, nor I have ever signed the Agreement to Sub-lease, I INVOKE THE ARBITRATION CLAUSE and request you to kindly hold this action in abeyance. Kindly consider this email as an Invocation of the Arbitration and requesting the Arbitrators to kindly let me know how to move ahead. Last and foremost I would like to put on record my severe disappointment with the actions and steps taken by Emami group . Regards Sumit On Tue, 3 Dec 2019 at 19:53, SALES.EC wrote: BY SPEED POST WITH A/D To Mr. Sumit Bajaj 134, Block-A , Bangur Avenue , 3rd Floor , Opp Reliance Fresh, Kolkata~-700055 Dear Sir/Madam, Sub: Unit no.B4-704 at Emami City, Kolkata By an Agreement dated 29.01.18 you have agreed to acquire the sub-lease in respect of the above flat in the Housing Project at Emami City then in course of construction, for the consideration and on the terms and conditions contained and recorded in the said Agreement (Sub-Lease Agreement). By and under the said Sub-Lease Agreement, it has been expressly agreed that you shall be regularly and punctually making payment of the amount agreed to be paid by you in terms of the said Sub-lease Agreement and time in this regard shall be treated as the essence of the contract. The said Agreement provides that in the event of failing to make payment, you shall be liable to pay interest as per Sub- lease Agreement. ° AeIn pursuance of the said sub-lease agreement, you have an outstanding payment of Rs 1041112 (plus applicable interest) and you have failed and neglected and/or avoided in making payment of the balance amount becoming due in terms of the said sub-lease agreement. Thus, you have continued to remain liable for payment of the interest of the balance amount. Several verbal and physical reminders have been given to you time to time and despite these reminders, you have failed and neglected to make the balance payment and this is quite obvious that you are not interested to continue in acquiring the said flat. We once again request you to kindly pay all your outstanding amount with interest within a period of 7 days from the date of this letter. If any outstanding amount with interest remains unpaid within this period then in that event of default on your part and in exercise of power and authority as contained in Clause No.viii of the said sub-lease agreement, we are constrained to terminate the said agreement with immediate effect and without prejudice to our rights and contentions thereon after deducting therefrom the delayed payment of interest @ 5% of the total consideration amount, if there is any balance, the same will be paid to you. In view of the termination of the said Agreement, you have ceased to have any right under the said Agreement in respect of the said flat. We are thus at liberty to transfer the said flat to any other person on such terms and conditions as we shall deem fit and proper. This is without prejudice to our other rights and contentions in the matter. - Yours faithfully, A wn ‘Sumit Bajaj Contact: +91-98300-84593 Sumit Bajaj Contact: +91-98300-84593