ADV.

SANDHYA YADAV, BLS LLB

BOMBAY HIGH COURT
ADDRESS :- 102, AGNAYE CHSL, PLOT NO. 37/38, SECTOR 28, VASHI NAVI MUMBAI 400703
PH :- 9594703975 EMAIL ID :- [email protected]

LEGAL NOTICE
REGD POST A.D.
Date :- 5th June 2024
To,

1. M/S ________________________
________________________
Managing Director of the Company

All having registered address at

________________________

Subject – Legal Notice for non-payment of outstanding amount of Rs.

________________________ due on your behalf with respect to the services
provided by my Client and invoices raised from ________________________.

Sir,

Under the instructions and authority from and on behalf of my Client, SEASHELL
LOGISTICS PVT. LTD. (“Seashell Logistics” or “my Client”) incorporated and registered
under the Companies Act, 2013 bearing CIN No. U63030MH2007PTC174296 and having its
registered address at 211/212, Monarch Plaza, Plot no. 56, Sector 11, CBD Belapur, Navi
Mumbai - 400614, Maharashtra, India who have instructed me to write you as under:-

1. It is stated that My Client M/s. Seashell Logistics Pvt. Ltd. is in the business of logistics,
governed under the Companies Act, 2013 and has emerged as one of the leading single
window services provider for various services in Shipping, Logistics, Supply Chain
managements, etc. and having registered address as above-mentioned and other branch
offices all over India.
 ADV. SANDHYA YADAV, BLS LLB
BOMBAY HIGH COURT
ADDRESS :- 102, AGNAYE CHSL, PLOT NO. 37/38, SECTOR 28, VASHI NAVI MUMBAI 400703
PH :- 9594703975 EMAIL ID :- [email protected]

2. M/s ________________________ is ________________________having registered

address at the above-mentioned address.

3. It is stated that ________________________have been in engaged in business

transaction with Seashell Logistics Pvt. Ltd. i.e. my Client since ________ and
invoices were raised for the same by my Client for the services which you had availed.
It is stated that the services provided by my Client was availed by you without any
dispute in respect of rate, quality and quantity thereof.

4. It is further states that my Client has issued various invoices from time to time and you
have accepted the same without any dispute and claims of any nature and but only
have initiated part payments without specifying any reason as to why some part of the
amount was withheld by you.

5. The details of shipping services provided by my Client with respect to the invoices
raised to ________ address are as follows :-

TOTAL OVER
TOTAL CREDIT Interest NET
INVOICE NO JOB NO INVOICE DUES
BALANCE DAYS @2% PAYABLE
AMOUNT DAYS
SL/VKP/ VKP/VKP/SE/ 215,08 10,354.2
2694/1920 2021/1920 0.00 9,880.00 1572 0 4 20,234.24
SL/VKP/ VKP/VKP/SE/ 40,12 40 37,258.1
2694/1920 2021/1920 0.00 ,120.00 1393 0 1 77,378.11

255,200.00 50,000.00 47,612.35 97,612.35

6. It is hereby stated that from the total pending amount from the part payments is
________ and the interest accrued @ 2% up to the date of ________ is
________resulting into a sum total of ________ due to non-payment of which my
Client has suffered not only financial loss but also has hindered the trust which was
built by business through many years.
 ADV. SANDHYA YADAV, BLS LLB
BOMBAY HIGH COURT
ADDRESS :- 102, AGNAYE CHSL, PLOT NO. 37/38, SECTOR 28, VASHI NAVI MUMBAI 400703
PH :- 9594703975 EMAIL ID :- [email protected]

7. Further my Client states that being aggrieved by the situation of non-payment of dues
depicting your malicious intention due to which my through their representatives
repeatedly followed up through mails, calls and other means of communication with
the representative of your organization but to no use. Further many attempts were
made by my Client to maintain a professional approach with you but there is failure to
co-operate with the said communications at your end.

8. Hence, it is evident from your conduct that you have been deliberately trying to avoid
making payment. Many requests were made and a lot of time was provided to you by
my Client for payment, but all the efforts fell on deaf ears. And hence, as it is
abundantly clear that ________ is having malicious intention of not processing the
part payment dues to my Client and further that are mischievously and intentionally
avoiding the part payment to cause financial stress to my Client.

9. As there is delay of more than ________ years i.e. ________ days. Hence, I
immediately call upon you to initiate the pending part payments which is due to my
Client i.e. ________ along with the legal charges incurred by my Client. Your actions
have caused wrongful loss to my Client and constitute an offence under Section 406
and 420 of the Indian Penal Code, 1860 amounting to cheating and breach of trust.

10. It is further stated that delay in payment of the above-mentioned amount to my Client
hereinafter would result into invoking his legal rights under different laws but not
limited. Therefore I call upon you to pay total amount of ________ to my Client
within 15 days from the date of receipt of this notice. Failure to comply will result in
my Client initiating legal proceedings under Sections 406, 415, 417, 418, 420, 120(B)
r/w 34 of Indian Penal Code 1860 and would also file COMS, Summary Suit
under Order 37 of the Civil Procedure Code 1908 and the Commercial Courts
Act, 2015 against you Noticee to recover the above said outstanding amount along
with the interest, legal cost and penalty.
 ADV. SANDHYA YADAV, BLS LLB
BOMBAY HIGH COURT
ADDRESS :- 102, AGNAYE CHSL, PLOT NO. 37/38, SECTOR 28, VASHI NAVI MUMBAI 400703
PH :- 9594703975 EMAIL ID :- [email protected]

11. Furthermore, the non-payment of outstanding dues are of beyond ________ days,
clearly proves your intention to commit and perpetuate fraud on my Client and
indulging in cheating, conspiracy, criminal breach of trust and criminal
misappropriation. These conduct of yours attract the following provisions defined
under Indian Penal Code –

a. 405. Criminal breach of trust.—Whoever, being in any manner entrusted with

property, or with any dominion over property, dishonestly misappropriates or
converts to his own use that property, or dishonestly uses or disposes of that
property in violation of any direction of law prescribing the mode in which such
trust is to be discharged, or of any legal contract, express or implied, which he has
made touching the discharge of such trust, or wilfully suffers any other person so
to do, commits “criminal breach of trust”.

b. 406. Punishment for criminal breach of trust.—Whoever commits criminal

breach of trust shall be punished with imprisonment of either description for a
term which may extend to three years, or with fine, or with both.

c. 415. Cheating.—Whoever, by deceiving any person, fraudulently or dishonestly

induces the person so deceived to deliver any property to any person, or to
consent that any person shall retain any property, or intentionally induces the
person so deceived to do or omit to do anything which he would not do or omit if
he were not so deceived, and which act or omission causes or is likely to cause
damage or harm to that person in body, mind, reputation or property, is said to
“cheat”.

d. 417. Punishment for cheating.—Whoever cheats shall be punished with

imprisonment of either description for a term which may extend to one year, or
 ADV. SANDHYA YADAV, BLS LLB
BOMBAY HIGH COURT
ADDRESS :- 102, AGNAYE CHSL, PLOT NO. 37/38, SECTOR 28, VASHI NAVI MUMBAI 400703
PH :- 9594703975 EMAIL ID :- [email protected]

with fine, or with both.

e. 418. Cheating with knowledge that wrongful loss may ensue to person whose
interest offender is bound to protect.—Whoever cheats with the knowledge that
he is likely thereby to cause wrongful loss to a person whose interest in the
transaction to which the cheating relates, he was bound, either by law, or by a
legal contract, to protect, shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine, or with both.

f. 420. Cheating and dishonestly inducing delivery of property.—Whoever

cheats and thereby dishonestly induces the person deceived to deliver any
property to any person, or to make, alter or destroy the whole or any part of a
valuable security, or anything which is signed or sealed, and which is capable of
being converted into a valuable security, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be
liable to fine.

12. Morever, my Client may lodge the F.I.R. in the concerned Police Station and/or file a
criminal complaint before Magistrate, as per the provisions of the Criminal Procedure
Code, against you Noticee for committed offence, Breach of trust, criminal conspiracy,
cheating and fraud which is punishable under provisions of Indian Penal Code and for
all the costs and consequences arising thereof, you Noticee all will be liable and
responsible, take the note seriously for the said subject.

13. In view of the aforesaid circumstances, I do hereby call upon you to initiate payment
of ________. Failing which I have peremptory instructions from my Client to initiate
legal proceedings, civil and criminal in the appropriate court of law. Needless to
mention that any proceedings filed against you for claim will be entirely at your risk,
cost and consequences.
 ADV. SANDHYA YADAV, BLS LLB
BOMBAY HIGH COURT
ADDRESS :- 102, AGNAYE CHSL, PLOT NO. 37/38, SECTOR 28, VASHI NAVI MUMBAI 400703
PH :- 9594703975 EMAIL ID :- [email protected]

14. A copy of this notice is retained for record and future necessary action. Kindly
preserve a copy for your records as well, as it may be required in the court of law.

Adv. Sandhya Yadav

Bombay High Court
For Seashell Logistics Private Limited

Sunil Purohit
C.F.O.