LEGAL NOTICE INTIMATING RECORDING OF PRESENCE IN THE OFFICE OF SUB REGISTRAR REGARDING DISPUTE ARISING OUT OF AGREEMENT TO SELL IN RESPECT OF RESIDENTIAL PLOT
LEGAL NOTICE INTIMATING RECORDING OF PRESENCE IN THE OFFICE OF SUB REGISTRAR REGARDING DISPUTE ARISING OUT OF AGREEMENT TO SELL IN RESPECT OF RESIDENTIAL PLOT.
Regd. A.D/Speed Post/ Courier
Dated: …………
1. M/s _______________________________
R/o________________________________.
2. M/s _______________________________
R/o________________________________.
3 Mr. ____________________,
Authorised _________
M/s _______________________________
R/o________________________________.
My Client : M/s __________________. a Company incorporated under the Companies Act, 1956 having its registered office at ________________, being duly represented through its ____________
LEGAL NOTICE
Under instructions from and on behalf of my Client above said, and on the basis of the documents placed before me, I hereby serve upon all of you the following Legal Notice.
That My Client above said had entered into three different agreements to sell in respect of three plots with the Addressee No.1 through its Director Addressee No.3 and My Client had paid to the Addressee No.1, the earnest money by three cheques in respect of three different plots. The details of the same are as follows :-
(a) Agreement to Sell dated ------ in respect of plot bearing No ------------------ and My Client paid to Addressee No. 1 earnest money of Rs-------------------/- vide Ch. No. -------- dated --------- drawn on --------------------------------.
(b) Agreement to Sell dated ---------------- in respect of plot bearing No ---------------------and My Client paid to Addressee No. 1 earnest money of Rs. ------------------) vide Ch. No. ----------- dated ----- Branch, ------------------.
(c) Agreement to Sell dated -------- in respect of plot bearing No ------------- and My Client paid to Addressee No. 1 earnest money of Rs.------------- vide Ch. No. ------ dated ----- drawn on ----------------------------------------.
2. That it also emerges from the records that vide letter dated -------, My Client has been granted time upto ------- for making the balance payment in respect of the above three agreements. Further the balance payment of purchase consideration in respect of above three plots is to be made by My Client on execution and registration of sale deed in his favour in respect of the above mentioned three plots.
3. That later on, however, My Client learnt that you were trying to create third party interest in respect of the above plots despite the above agreements to sell in favour of My Client, therefore in that situation My Client was constrained to file three different civil suits in the Hon’ble High court of ------------ at New ------------ to protect his interest .
The details of the same are as follows :-
CS (OS) No. --------------------
CS (OS) No. ------------------
CS (OS) No. -----------------
4. That these cases came to be listed before the Hon’ble ------------ High Court on --------------- on which date the Hon’ble High Court was pleased to direct the defendants to maintain status quo in respect of the above said three plots. Thereafter in compliance of the orders of the Hon’ble High Court, the summons of the case, order and the complete paper book of the cases was duly served on you.
5. Further after the service of case summons to all of you, the Addressee No.1, through its Director Addressee No.3, approached My Client through its Managing Director------------- I am under specific instructions from My Client to state that a considerable pressure was exerted on him to compromise the matter and withdraw the above cases . And by exerting undue pressure, coercion and undue influence on My Client (duly represented through its Managing Director), you made him to sign a Memorandum of Settlement dated ---------, which was prepared at your instance and he was also made to sign three blank Vakalatnamas, and three Joint Applications under Order 23 Rule 3 read with Section 151 CPC and the supporting affidavits. He was also made to prepare and sign a resolution of Board of Directors of M/s ---------------said to have been passed on -------- wherein it was recorded as under :-
“RESOLUTION OF BOARD OF DIRECTORS OF M/S --------------------------------------- PASSED ON --------------------------
Present : ------------------------ Managing Director
------------------------- Director
The company had filed CS(OS) Nos. ------------------- against M/s --------------------- in the ------------ High Court in respect of three Agreements to Sell all dated --------------, -----------, --------------- in respect of Plot No., ------------------ in the State of -------------, The company has now resolved all its disputes and differences with the Defendants and has executed a Memorandum of Settlement dated ---------------.
RESOLVED that in view of and pursuant to the Memorandum of Settlement dated ----------------- the Company hereby irrevocably authorizes and empowers -------------------------- and/or Mrs. -------------, wife of Mr. ---------- resident of ------------------- to jointly or severally appoint lawyers, file Application, appear and make statements before the Hon’ble ------------ High Court and generally take all other steps as may be necessary to withdraw the above mentioned CS(OS) Nos. --------------------on behalf of the Company and resolves that the powers hereby granted will not be revoked in any manner, till the withdrawal of the abovementioned suits is completed.
Sd/- --------------------------- Managing Director
Sd/- -------------------------- Director
6. Also further you took away from him the above three Agreements to Sell dated -----------, in original, along with certified copy of resolution of Board of Directors dated -------------- of M/s. ----------------- in respect of the above three plots, along with original letter dated --------------- whereby the time for execution and registration of sale deed by you in favour of My Client as well as for making the balance payment had been extended upto -------------. At the same time, you handed over to My Client three Managers’ cheques bearing No.---- dated ---------- for Rs.------------/- drawn on ---------- and you also gave him a cash amount of Rs. ----------------- in respect of Agreement to Sell.
7. That it also emerges from the records that the aforesaid three Managers’ cheques which were given to My Client at the time of signing of the said MOU dated ------------- and the application under Order 23 Rule 3 read with Section 151 CPC, were not even made in correct name of My Client and therefore these cheques even otherwise could not be encashed by My Client on presentation in the Bank. In this regard, letter dated ------------ given by ------------, ------------ and letter dated ------------- given by the ------------ to My Client, clearly spell out that the three Managers’ cheques, being not in correct names, could not be encashed in the account of My Client above said.
8. As you are now aware, My Client has already filed three applications, all dated ------------- under Section 151 CPC wherein he has prayed that no lawful, valid, binding or enforceable agreement or compromise is now existing between the parties and Memorandum of Settlement dated ---------------- is thus rendered infructuous, void ab-initio, and unenforceable, invalid and not binding on My Client. All the above said three applications will be listed before the Hon’ble High Court in due course and My Client shall be making his statement before the Hon’ble High Court of ------------.
9. That ever since My Client has made such applications in the Hon’ble High Court of ------------, there have been numerous attempts to again pressurise him to compromise the matter in his own interest. My Client is very clearly being harassed and there is lot of pressure which is being exerted upon him through various channels so as to execute the compromise deed in furtherance of the MOU dated ----------------- and that being so, My Client is under tremendous mental pressure and rather he fears for his life and property.
Kindly be informed that no one has a right to take law in his own hands. Therefore, in the intervening circumstances I call upon you the Addressees through this Notice to First of all Immediately stop exerting undue influence/coercion or extending any pressure in whatever form on My Client to enter into a compromise and secondly you Addressee No.1 through Addressee No.3 are also called upon to return all the original Agreement to Sell dated ----------, respectively, with three original certified copy of Board Resolutions dated ------, of M/s. -------- as well as letter dated ---------- to My Client as very clearly My Client does not wish to bow under any pressure and compromise the matter with you. I am also enclosing the cheque bearing No.------- dated------ for Rs.---------/- drawn on ---------- that you had handed over to My Client when you had obtained his signatures and I am also enclosing three Pay Order bearing No.------- dated------ for Rs.---------/- drawn on ----------, that My Client is returning to you in lieu of the cash amount of ------------------ that you had handed over to him .
Please note that in case the threats being extended to My Client do not stop even despite the service of this notice to you the Addressees and the original documents referred above are not returned to My Client within ------- days, then in that event My Client shall be constrained to initiate appropriate legal action, either civil or criminal or both in nature against you to protect its interest.
Take notice accordingly.
(-----------------------)
Advocate --------------Court
Encl- As Above
1. Three Managers’ cheques bearing No.__________ dated ______ for Rs.______/- (Rupees ___________ only), No._______ dated ______ for Rs._________/- (Rupees ________ only) and No.______ dated _______ for Rs.__________/- (Rupees ________ only), all drawn on ________Bank
2. Three Pay Orders bearing No._________ dated ________ for Rs.______/- drawn on ___________Bank, No._________ dated ________ for Rs.________/- drawn on ___________Bank and No._______ dated ________ for Rs.________/- drawn on ___________Bank, totalling to Rs._____/- (Rupees ___________ only), all three Pay Orders have been drawn in favour of M/s _____________.
CC. Mrs. _________, wife of Mr. ___________, resident of ____________ with a clear notice to her that my client has revoked, withdrawn and cancelled the authorities and powers granted to her vide Board Resolution dated ___ ______, _____, and the letter dated ________ in this regard already stands served on her and so she is being called upon to not to act in furtherance of the said resolution in her favour .
NOTE .1. A copy of this legal notice has been retained in my office for records and necessary action, if need be.
NOTE.2 Enclosures as stated in para ___ and ____ above i.e. the original __ Managers’ cheques and original _____ Pay Orders are being sent through Courier.
(_____________)
Advocate _________ Court
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