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By SPEED POST/COURIER

Wednesday, February 22, 2012 To,


1. M/S. PRJ ENTERPRISERS LTD

Authorized Dealer: Bajaj Auto Ltd Regd. Office & Showroom 80, Patpar Ganj, Industrial Area Delhi-110092
2. Mr. R.K.Jain

Director M/S. PRJ ENTERPRISERS LTD Authorized Dealer: Bajaj auto Ltd Regd. Office & Showroom 80, Patpar Ganj, Industrial Area Delhi-110092

REGARDING:

LEGAL DEMAND NOTICE FOR RECOVERY OF Rs. 5,70,000/- AGAINST THE INVESTMENT MADE FOR PURCHASE OF THE VEHICLE AND SUPPLIED UNDER THE AGREEMENT DATED 04.08.2009 ALONG WITH FURTHER INTEREST @ 24% PER ANNUM FROM THE DATE OF AGREEMENT TILL DATE OF PAYMENT AND OTHER LEGAL EXPENSES. MR. AVISHEK MUKHERJEE SON OF ANIMESH MUKHERJEE RESIDENT OF 100, SHIVA KHAND, VISHWAKARMA NAGAR, DELHI-110092

MY CLIENT:

Dear Sir,

We act for, and on behalf of, my above named Client, and are under instructions to serve upon you, the abovenamed Addressee, notice to the following effect, which we hereby do by way of this notice: 1. That my client, Mr. Avishek Mukherjee son of Animesh Mukherjee Resident of 100, Shiva Khand, Vishwakarma Nagar, Delhi-110092 and is having his own business of printing presss. My client is a reputed person and has an established presence in the said business for the past many years. 2. The Addressee no 2 represented to be the director/partner of PRJ ENTERPRISERS LTD Authorized Dealer of Bajaj Auto Ltd is engaged, inter-alia, in the business of trading and sale of Bajaj Auto Three Wheeler having its Regd. Office & Showroom 80, Patpar Ganj, and Industrial Area Delhi-110092. 3. That you the Addressees further represented to my client, that you have entered into contract with the Municipal Corporation of Delhi and is in need of certain BAJAJ AUTO Tippers to cater to the need of the Municipal Corporation of Delhi and also for the purposes of fulfilling its contractual obligations requires more public participation by way private investment. 4. That for the effective implementation and fulfillment of the above alleged contract so entered by you with the Municipal Corporation of Delhi, you Addressees approached my client and impressed upon him to invest and earn higher returns. You addressees further assured my client that his investment will be kept secured, harmless. He will be also compensated and reimbursed for his capital investment. 5. That because of the various assertions and representations made regarding the business opportunity offered by an association with the Addressee my Client was sufficiently impressed with the assertions and representations made by you, the Addressee, agreed to enter into a business relationship with you, the Addressee. 6. That you the addressees entered into an agreement dated

04.08.2009 with my client detailing the terms and conditions of execution of the investment and mode of payment thereto. 7. That in terms of the agreement so executed my client was required to make an investment of Rs. 3,60,000/- (Three Lakhs Sixty Thousand Only) the cost of the Vehicle a Bajaj Pick Up Van in the following terms, Para 3. That the party of the second part has been apprised that amount of investment in providing one vehicle as per required specification shall be Rs 3, 60,000/and the said cost finds concurrence and consent of the Second Party Para 4. That in principal the present contract between the parties is that the Second Party shall invest Rs. 3, 60,000/and procure a vehicle. The said vehicle shall be delivered for being deployed to user at the option in the manner and for the project by the First Party itself for which the Second Party shall get a fixed return from the First Party. Para 6. That the Second Party shall be getting each month a fixed return on the investment so made, as aforesaid, and the said fixed shall be Rs. 14,000/- per month for full month operation from the date of starting of hiring by the MCD. 8. That out of the money invested by my client you addressees purchased a vehicle i.e. BAJAJ PICK UP VAN from your own showroom and got it registered in my clients name vide Registration No. DL1LL-5540. The possession of the said always vehicle remained with you, and in terms of Para 4 of the agreement. 9. That latter on you addressee informed my client, his vehicle was deployed for the purposes of fulfilling the contractual obligation that you addressees had entered with the MCD. You further assured client you will start paying him monthly fixed income of Rs. 14,000/- as per the clause 6 of the agreement. 10. That that it is pertinent to mention here that initially you

addresses had paid some payments towards the fixed monthly returns to client but 09.10.2010 you have stopped making any payment to my client. All the cheques given by you were also returned dishonored due to insufficient funds. 11. That you addressees are liable to pay, my client is entitled to recover followings amount i. Total Arrears of Fixed Returns from 20.10.2010 10,000/ii. Principal Amount 15X14, 000 = 2, 3,60,000/-

---------------------------------------------------------------------------------------------------Total Amount 5, 70,000/Hence you are liable to pay the above said amount of Rs. 5, 70,000/- alongwith interest @ 24% p.a. from the date of due till actual realization of the said sum as is generally and customarily prevailing in the trade usages. 12. Despite specific understanding and agreement, there was considerable delay on your part in making payment in respect of various demand made by my Client. Even after the acceptance of such delayed payment by my Client, there was continuous default on your part in timely payment towards the dues. You, the Addressee, promised to make the payment of stipulated interest on delayed payments but never kept its promise. Constrained by such attitude my client decided to end business relation with you and demanded back his money and asked you to return his vehicle. 13. However, you the addressee assured my client to keep the vehicle with you, by giving solemn undertaking that there shall not be any delay in payment in future, not even for a single day over the due date. But to utter dismay of my client, has and received a single penny since 09.10.2010 and his dues again fell in arrears as the same was not made by you the addressee on or before 20th of day of each calendar month as per agreed terms.

14. When you the addressee were contacted by my client in this respect, you started avoiding my client and stopped picking their calls. My client was constrained to issue you various reminders which remained unanswered for the reasons best known to you. My client paid several visits at your office but you started avoiding them and resorted to implausible excuses to avoid and delay the payment. On several occasions you sought grace of one or two days to clear the outstanding, but that turned out to be mere delay tactics as the payment was not forthcoming and you continued to remain in belligerent default. 15. From the aforesaid conduct of yours it appears that all your promises/representations were mere ruse to make my client believe about your alleged honesty and thereby depart with the valuable money without there being any intention on your part to make the payment against the same as has been specifically agreed by you. You, the Addressee have fraudulently and dishonestly induced my Client by giving a false impression of your genuineness, to enter into the aforesaid understanding and investment of money, causing thereby a wrongful loss to my client and wrongful gain to yourself. 16. All these defaults and acts on the part of you, the Addressee, calls for a penal action for the offence of cheating under Section 417, 418, 420, 422 of the Indian Penal Code, 1860 besides action under the relevant provisions of Civil Law. 17. In view of the above mentioned facts and circumstances, under instructions of and on behalf of my Client, you, the Addressee, are called upon to make a payment of Rs. 2, 10,000/- (Two Lakhs Ten Thousand only) against the Fixed Monthly Return and the Principal investment amount of Rs. 3,60,000/- (Three Lakhs Sixty Thousand Only) under the agreement dated 04.08.2009 alongwith interest @ 24% per annum for delayed payment from the date of agreement till the date of actual payment, immediately within a period of 3 (Three) days from the date of receipt of this notice. 18. That you are further called upon to release to client his vehicle BAJAJ AUTO PICK UP VAN R. C. No. DL1LL-5540 forthwith which is in your lying under your possession.

19. You, the addressee are also called upon to pay a further sum of Rs. 21,000/- (Twenty One Thousand only) towards the cost of this legal Notice and other misc. legal expenses over and above the demand made in Para 16 of this notice. 20. Take further notice that in case the above stated payment is not made within 3(Three) days from the date of receipt of this notice and in any case by 26th Day February of, 2012, then we have clear and specific instructions to pursue all or any available legal remedy in the nature of criminal and/or civil proceedings on behalf of my aforesaid client, without any further reference to you. Needless to mention that the same shall be at your risk, cost and consequences. 21. It is my sincere hope that better sense would prevail on you, the Addressee, and the matter would be resolved amicably without any avoidable unpleasantness. 22. We are also instructed to further inform you that the action initiated by my Client in this regard would be without prejudice to any other cause of action which may have accrued, or may in future accrue, to my Client against you, the Addressee. Yours sincerely,

Kalyan Dutt Advocate. Enrl. No. D-940/2001 Note: A copy of this is kept in my office for future correspondence and action.

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