Notice For Adishri trading company.docx
Notice For Adishri trading company.docx
Notice For Adishri trading company.docx
SPEED POST/WHATSAPP
To
REF- Legal Demand Notice for recovery of money along-with interest @18% p.a from
the date of maturity of bills pending for payments till the same is paid by you addressee.
Sir,
We are constrained/concerned to act under the instructions from and on behalf of our
client M/s Little Profit Trading Co. (our “Client”) and to serve you by this notice
(this “Legal Demand Notice”) to which kindly take note of:
1. That our above-mentioned client is a Proprietorship Firm duly registered with MSME and
GST Department having Number 07ADIPJ4654N1Z3 having its registered sales office
mentioned above with Sh. Sonal Jain as its Proprietor. M/s Little Profit Trading Co. is
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dealing in distribution and import of a wide assortment of cosmetic products and other
related items. Our client maintains goodwill and reputation in their business field due to
the high-quality products they deal in.
2. That you addressee approached our client’s office presently working at B-35/3A,
SECOND & THIRD FLOOR G.T. Karnal Road, Industrial Area, Delhi-110033 and after
round of negotiations in our client’s Office in the presence of our client and Ms. Sarita
who is at the designation of Senior Finance Manager and looks after the client accounts,
sales and client network in the firm. There-after being satisfied with the quality and price
you started placing the orders telephonically and the goods were delivered at your
registered office address against acknowledgment on a routine basis as per your orders
given to our sales executive.
3. That you addressee duly acknowledged the delivery of the goods at the time when goods
were delivered at your registered address and assured our client that payments will be
done in routine as agreed as per the terms and conditions mentioned in the invoice signed
by you or by authorized person.
4. That it’s been a shock-and-surprise to our client that such a long period had elapsed and
there is neither any word nor a whisper from your end about the out-standing payment so
our client started following you up regularly.
5. As our client is maintaining your running account as you never cleared the payment of
our client bill to bill basis earlier too your running account was showing a balance of
Rs.3,73,307/- as on date today.
6. That you addressee duly acknowledged the delivery of the goods at the time when goods
were delivered at your address and assured our client that payments will be done in
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routine as agreed as per the terms and conditions agreed mutually and as mentioned on the
invoice signed by you. The outstanding amount of you addressee as on date as per the
ledger maintained by our client is Rs.3,73,307/-. You never followed the payment
schedule agreed at the inception of business. You delay the payments by months
altogether and thereby leading to loss of profit to our client.
7. That Last invoice raised against supply was on 02.07.24 amounting to Rs.2,62,264/-. that
your gross payable amount is Rs. 3,73,307/- along with interest @ 18% p.a. which comes
to RS 30,900/- and your total payable amount as on date is Rs. 4,04,207/-
8. That our client is in the field of the glamour industry where the things get out of fashion
very soon. Every forceful return that you make goes in dead stock as the range becomes
assorted as well as the products turn less effective and some of them get dried up with
passage of time. In nutshell everything you have returned loses its full value and our
client is forced to either sell it in stock-lot or at discounted prices. These acts of delayed
payment coupled with stock return leads to multi-layered losses to our client.
9. That despite doing so many favors by accommodating you, nearly 8 months delay is there
from your end although the amount was payable in 30 Days. As per commercial Courts
Act you addressee are liable to pay interest on a day to day basis for every day’s delay in
the payment of our client. If our client totals your outstanding of Rs.3,73,307/-on reverse
basis then you addressee are presently clearing the invoice of 23.05.24 which is really
shocking.
10.That you the addressee took the GST Input for the goods supplied thereby confirming the
consumption of goods but failed to make payments on time. Your intention from day-one
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was to cheat our client and this act is squarely covered under Section 318(4) BNS also
please take note of this fact.
11.That our client approached you multiple times to pay off the legally recoverable debt of
our client, however all his requests went to deaf ears. To the astonishment of our client
and your audacity, you made one excuse or the other, thereby running away from your
legal and business responsibility to pay off the debt of our client.
12.That you failed to adhere to the payment discipline and thereby failed to make payment
till date and such a long period has elapsed since the date when last payment was received
from you and you always try to postpone the payment on one pretext or the other.
13.That in the above-mentioned circumstances it is crystal clear that you have consumed the
goods that were received by you from time to time but you are not willing to clear the
dues of our client with the malafide intention.
14.That in view of the above, it transpires that your acts of misrepresentation, false
submission, embezzlement and wrongfully be-holding the rightful dues of our client is
bringing wrongful gain to your-self and wrongful loss to our client which is malafide,
arbitrary, wrong, illegal and bad in law. It is informed that our client will not be taking
anything lying down anymore and we are under complete instructions to take all
necessary actions against you for your unprofessional and unethical acts.
15. In these circumstances, our client has instructed us to call upon you which we hereby do,
to immediately and not later than 15 days from the receipt of this notice, release our
client’s rightful payment/dues amounting to Rs.3,73,307/- along-with the interest @18%
per annum resulting in total payable amount of Rs. 4,04,207/- from the date as and when
your invoices fell due, failing which our client shall be constrained to initiate appropriate
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legal proceedings in different Courts of law both under the regime of Criminal
Jurisdiction and under Civil Jurisdiction for the recovery of the said amount. Our client
also reserves his right to initiate criminal proceedings against you as and when advised by
us. Needless to say that the same shall be at your risks, costs and consequences.
16.Further our client is a registered firm under MSME and hence the proceedings initiated
under the said act will lead to payment of interest by you at the rate of 3 times the
prevailing interest rate decided as per RBI guidelines. And in that case interest will be
calculated on the delay as per each invoice raised and not like here in the notice where we
are only demanding interest after the last Invoice raised fell due.You are also liable to pay
a sum of Rs.15,000/- towards the cost of this notice. All amounts payable by Bank
Draft/Pay Order.
We hope that better sense shall prevail at your end and our client will not be forced to
take any unpleasant course of action against you addressee.
Yours truly,
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