Saurabh Bhelsewale Office- 34-A, New Shanti Nagar,

Nitin Verma Nai Sadak, Lashkar, Gwalior (M.P.)

Advocates, B.A. LL.B., LL.M. Mob- 7869306820

[email protected]

LEGAL NOTICE

To,
EDAC Engineering Limited
Address- 2x500, MW Neyveli New Tharmal Power
Project, Nayveli, Chennai, Tamilnadu

Pursuant to the instructions from and on behalf of

my client, Mr. M.K. Shukla S/o Shri Udaybhan
Shukla Managing Director of Rakhi Enterprises,
Office Address- Urmila Vihar Shindi Colony, Tilak
Nagar Campo, Gwalior- 474001 (M.P.), I do hereby
serve you with following legal notice:-

1. That, my client is engaged in the business of

providing the services and in pursuance of the same,
you noticee had met with my client and asked for
outsourcing specialized workers/ skilled labors for
your business operations.
2. That, in pursuance of the aforesaid, you, noticee was
agreed for the consideration in lieu of the services of
my client and in furtherance to the same, my client
had provided you noticee, skilled labors from June
2018 and till 30th September 2019, you noticee had
utilized the workers of my client and his services.
3. That, you noticee was not regular in making the
payments of my client and my client has time to time
given expenses invoices but the same was not given
 by you noticee accurately/regularly. The details of
the dates and amount of the Tax Invoice sent by my
client are mentioned as under:-

Dates Amount
31/08/2018 59,565/-
25/09/2018 7,06,237/-
22/10/2018 11,74,629/-
22/10/2018 5,19,658/-
10/11/2018 7,61,256/-
10/11/2018 11,71,483/-
10/12/2018 7,24,175/-
10/12/2018 10,62,234/-
14/01/2019 6,26,087/-
14/01/2019 10,01,598/-
12/02/2019 12,14,635/-
12/03/2019 9,35,162/-
11/03/2019 4,12,621/-
04/04/2019 4,75,570/-
04/04/2019 7,40,025/-
Total 1,15,84,935/-

4. That, against the aforesaid Tax Invoices, you noticee

had sent the payment bills to my client in which also
less amount was sanctioned. The details of dates and
amount of sanctioned payment bills sent to my client,
are mentioned as under:-

Dates Amount
 31/08/2018 58,555/-
30/09/2018 6,94,267/-
30/09/2018 6,94,267/-
22/10/2018 5,10,850/-
22/10/2018 11,54,720/-
22/10/2018 5,10,850/-
10/11/2018 7,48,353/-
10/11/2018 11,51,627/-
10/11/2018 7,48,353/-
10/12/2018 7,11,901/-
10/12/2018 10,44,230/-
Total 80,27,973/-

5. That, you noticee had not paid the entire indebted

amount and always transected the lesser amount
then the sanctioned amount which shows that you
noticee is playing hide and seek with your customer
and giving wrong account of dues payable towards
my client. The details of Bank Statements showing
the transection in the account of my client is
mentioned as below:-

Dates Amount received in

Bank Account
20/09/2018 50,000/-
10/10/2018 2,69,975/-
12/10/2018 1,00,000/-
16/10/2018 50,000/-
01/11/2018 4,99,900/-
 02/11/2018 2,99,965/-
06/12/2018 2,99,965/-
04/01/2019 4,99,900/-
07/01/2019 1,99,980/-
14/01/2019 5,99,900/-
28/01/2019 1,49,985/-
11/02/2019 3,49,965/-
12/02/2019 1,49,985/-
13/02/2019 1,99,982.30/-
13/02/2019 1,96,946.30/-
15/02/2019 1,74,982.30/-
15/02/2019 1,74,982.30/-

6. That, you noticee has not released the entire

sanctioned amount in favor of my client and
siphoned of huge amount from the sanctioned
amount in favor of my client and played fraud with
my client and your customer and given wrong details
of the credited and debited amount because you
noticee has sent the payment bills to my client which
is tentatively around 80,27,973/- Rs. Though, the
fact remains that the entire aforesaid sanctioned
amount has not been credited into the account of my
client which can easily be seen from the Bank
Statements of my client which shows the credited
amount to be approximately around 45,41,393 and
there is complete misappropriation of the sanctioned
amount of Rs. 34,86,580/- which has not been
credited into the account of my client despite being
sanctioned in favor of my client which shows that you
 noticee has made huge embezzlement in making the
payment of dues and played fraud with your
customer and my client.
7. That, you noticee is well aware about the Invoice of
my client which has been given my client to you
noticee time to time and the total of the amount
incurred to you noticee, is of around 1,15,84,935/-
(One Crore Fifteen Lacs Eighty Four Thousand Nine
Hundred and Thirty Five Rs.) but in lieu of the same
you noticee, has got the amount sanctioned of
around 80,27,973/- (Eighty Lacs Twenty Seven
Thousand Nine Hundred & Seventy Three Rs.) in
favor of my client and therefore the amount of Rs.
35,56,965/- (Thirty Five Lacs Fifty Six Thousand
Nine Hundred & Sixty Five Rs.) is still required to be
sanctioned in favor of my client as no bill has been
received to my client in respect of aforesaid amount
incurred upon you noticee.
8. That, you noticee has not paid huge amount to my
client as 34,86,580/- (Thirty Four Lacs Eighty
Thousand Five Hundred & Eighty Rs.) towards the
remaining Sanctioned amount in favor of my client
as per your Payment bills because the aforesaid
amount has not been credited into the account of my
client and the same is remained unpaid. And the
amount of Rs. 35,56,965 (Thirty Five Lacs Fifty Six
Thousand Nine Hundred & Sixty Five Rs.) is still
required to be sanctioned in favor of my client as per
the payment Invoices given by my client to you notice.
Therefore, in toto 70,43,545/- (Seventy Lacs Forty
 Three Thousand Five Hundred & Forty Five Rs.) is
still payable to my client.
9. That, you noticee has made huge default in making
payments to my client because you noticee has
cheated my client and embezzled the due amount in
favor of my client from different heads because, firstly
you noticee had got the amount sanctioned in favor
of my client which is an admission on your part till
the extent of that amount shown in your payment
bills despite that entire amount has not been
transected in the bank account of my client till today
which can clearly be seen by the bank statement of
my client and the remaining amount which is due in
favor of my client as per the bills of you noticee, is of
around 34,86,580/- Rs. Secondly; my client had sent
his payment Invoices time to time to you noticee
which had been acknowledged by you noticee and
never objected the amount mentioned therein and
still 35,56,965/- is remained to be sanctioned as per
the bills sent by my client to you noticee but till
today, the said amount has not been got sanctioned
which shows that you noticee has siphoned of the
amount due in favor of my client and
misappropriated the amount for your own with the
deliberate intention.
10. That, against your valid and confirmed Order, my
client did your job work from time to time on credit
basis and outsourced skilled labors for you noticee
and also got his job done time to time.
11. That, my client raised bills for each and every work
performed for payment, although you have
acknowledged the Receipt of such bills raised by my
client and never objected the same nor sent any
notice or Application for non-payment of the same or
raised any dispute regarding the exorbitance and
propriety of bills.
12. That, in spite of acknowledging the liability for the
payment of principal balance amount of Rs.
70,43,545/- (Seventy Lacs Forty Three Thousand
Five Hundred & Forty five Rs.), you have miserably
failed to make payment of the said amount due to my
client from you, deliberately with an intent hence,
you are liable to pay the said principle balance
amount of Rs. 70,43,545/- along with the Interest @
12% per Annum from the due date till actual
realization of the said sum and 18% GST as is
generally and customarily prevailing in the trade
usages which comes to 91,56,608.5/-.
13. That, you noticee was having intention to deceive my
client from the very inception and thus not made the
entire payments of bills given by my client and
caused wrongful loss to my client for your unjust
enrichment therefore, you noticee has defrauded my
client with the deliberate intent and also defrauded
your costumer by giving him false payment accounts.
14. That, therefore, you noticee is liable to pay the total
amount of Rs. 91,56,608.5/- to my above named
client and my above named client is entitled to
recover the same from you.
 15. That, my client requested you several times through
telephonic massage and by sending personal
messenger to your officer for release of the said
outstanding payment, but you have always delaying
the same on one pretext or the other and not paid a
single penny from the said outstanding amount due
to you notice.
I, therefore, through this notice finally call upon
you to pay to my client total amount of Rs.
91,56,608.5/- along with Future Interest @ 12% from
the date of notice till actual realization of the said
amount, together with notice fee of Rs. 30,000/- to
my client either in cash or by demand draft or
cheque, whichever mode suits you better within a
clear thirty days from the date of receipt of this
notice, failing which my client has given me clear
instructions to file civil as well as Criminal lawsuit for
recovery and other miscellaneous proceedings
against you in the competent court of law and in that
event you shall be fully responsible for the same.

Date Sincerely

Saurabh Bhelsewale
Nitin Verma
Advocate