REGD.

AD

Date:03.05.2024

To,

Mr. Dhruv Deswal

145-Vidya Vihar Apartments,

Sector 9 Rohini,

North west Delhi, 110085

LEGAL NOTICE FOR RECOVERY OF MONEY

SUB: LEGAL NOTICE ON BEHALF OF MR.AJAY SHARMA TO

THE ADDRESSEE FOR NON-PAYMENT OF EQUATED

MONTHLY INSTALLMENTS AND RECOVERY OF MONEY .

Dear Sir

Pursuant to the instructions from and on behalf of my client Mr. Ajay Sharma, I do
hereby serve you with the following legal notice: –

1. That my client is an individual under the name of Mr. Ajay Sharma.

2. That on 10.05.2022 all the past loans that my Client took from his Bank on your
behalf as your CIBIL score was very low and you were not able to pay your EMI
due to this situation all past dues were merged and a single loan of Rs. 4,86,000/-
(Rupees Four Lacs and Eighty-Six Thousand only) was taken on till date. The
total E.M.I was Rs. 11,300/- (Rupees Eleven Thousand and Three Hundred
only), in this EMI your shar was of Rs. 9,000/- (Rupees Nine Thousand only)
3. This EMI of Rs. 9,000/- (Rupees Nine Thousand only) you were unable to pay
which can be seen in bank statement that from 10/05/2022 to 31/12/2022 my
client received Rs. 40,000/- (Rupees Forty Thousand only) in his Paytm
payments bank on 08/09/2022.
4. That my client had send you Rs. 18, 850/- ( Eighteen Thousand and Eight Fifty
only) from his bank account so net amount sent by you to my Client is Rs.
 21,150/- (Twenty-One Thousand only). The EMI amount for period
10/06/2022 to 31/12/2022 is Rs. 63,000/- (Rupees Sixty-Three Thousand
only) . That after deducting Rs. 21,150/- (Twenty-One Thousand only) from
Rs. 63,000/- (Rupees Sixty-Three Thousand only) the balance amount is Rs.
41,850 (Rupees Forty-One Thousand Eight Hundred and Fifty only) which you
are liable to pay to my Client.
5. That between 1/01/2023 to 01/08/2023 my client received Rs. 22,000/-
(Rupees Twenty-Two Thousand only) in his Paytm payments bank. That again
a truncation of Rs. 5,800/- (Rupees Fifty-Eight Hundred only) was sent from
my Client to you. That the total E.M.I payable on your part to my Client for
eight-month will be Rs. 72,000/- (Rupees Seventy-Two Thousand only).
6. That during same year you called my Client at night and said you want some
money as there is some emergency and my client with an good intention for
helping you took two more loan no 1. Rs. 60,900/- (Rupees Sixty Thousand
and Nine Hundred only) @15.49% per year for two years and Second loan of
Rs. 61,500/- (Rupees Sixty-One Thousand and Five Hundred only) @15.49%
for three years E.M.I of which is Rs. 2,142/- (Rupees Two Thousand One
Hundred and Forty-Two only) starting from 07/08/2023 . That total E.M.I that
is payable on your part to my Client is:
6.1 Rs. 9,000/- (Rupees Nine Thousand only), Rs. 2,988/- (Rupees Two
Thousand Nine Hundred and Eighty-Eight only),
6.2 Rs. 2,142/- (Rupees Two Thousand One Hundred and Forty-Two only),
6.3 Rs. 14,130 (Rupees Fourteen Thousand one Hundred and Thirty only).

7. That after deducting three months advance E.M.I you were unable to pay so
both parties agreed to continue the E.M.I . for the period of six months from
June 2023 to December 2023 E.M.I of new loans E.M.I amount which is payable
to my client is Rs. 17,394/- (Rupees Seventy Thousand Three Hundred and
Ninety-Four only).
8. That the Second loan of Rs. 61,500/- (Rupees Sixty-One Thousand Five
Hundred only) @15.49% for three years EMI of Rs. 2,142/- (Rupees Two
Thousand One Hundred and Forty-Two only) starting from 07/08/2023. The
total E.M.I amount that is payable to my Client is Rs. 14,130/- (Rupees Fourteen
Thousand One Hundred and Thirty only). The amount transferred by my client
to you was Rs. 45,000/- (Rupees Forty-Five Thousand only) sent on
13/07/2023.
9. That for the period of 1/1/2023 to 31/1/2023 total EMI amount owed by you
was 12x Rs. 9,000 i.e Rs. 1,08,000 ,Rs. 2,988x6 i.e. 17,928 , Rs. 2,142 x 4 i.e.
Rs. 8,568 total amount 1,34,496.
10. That during the same period of time the total amount sent by my client excluding
the two loan amount of yours is Rs. 12,100/- (Rupees Twelve Thousand and
Hundred only), the amount received from you is Rs. 66,800/- (Rupees Sixty-
Six Thousand and Eight Hundred only), the total deficit of Rs. 67,696/- (Rupees
Sixty-Seven Thousand Six Hundred and Ninety-Six only), the total deficit from
year 2022 is Rs. 41,850/- (Rupees Forty-One Thousand and Eight Hundred and
Fifty only) and deficit from January 2023 to October 2023 is Rs. 49,696/-
(Rupees Forty-Nine Thousand Six Hundred and Ninty-Six only) total deficit of
E.M.I Rs. 91,546/- (Rupees Ninety-One Thousand Five Hundred and Forty-Six
only) was refinance by taking a new loan of 750000 .
11. My client took new loan of 7,50,000/- (Rupees Seven Lacs and Fifty Thousand
only) with your consent on date 22.08.2023 due to this loan your E.M.I of Rs.
9,000/- (Rupees Nine Thousand only) was same but loan tenure was extended.
But due to some unknown reasons, you were paying those E.M.I after the due
date according to my which can be seen in my Client Bank Statement.
12. In total you were paying Rs. 14,000/- (Rupees Fourteen Thousand only) for all
those loans after the due date but my client somehow managed to pay E.M.I but
from March 2024 you have stopped paying your share of EMI
13. That my Client tried to contact you regarding the non-payment of the E.M.I were
you directly told my Client that you would not pay any E.M.I from now onwards
and that you have not taken any loan from my client.
14. That my Client tried to contact you several times regarding the payment of E.M.I
, but you were continuously denying to pay the outstanding amount that you are
entitled to pay to my client.
15. Loan tenure
15.1 Loan one Rs. 75,0000/- (Rupees Seventy-Five Thousand only), EMI Rs.
17,800/- (Rupees Seventeen Thousand Eight Hundred only) your share
Rs. 9000/- (Rupees Nine Thousand only) EMI left 53 months left total
amount Rs. 4,77,000/- (Rupees Four Lacs Seventy-Seven Thousand
only) to be paid till last emi , present total principal due stands Rs.
3,50,000/- (Rupees Three Lacs Fifty Thousand only) from April 2024
15.2 Loan two Rs. 60,900/- (Rupees Sixty Thousand Nine Hundred only),
EMI Rs. 2,988/- (Rupees Two Thousand Nine Hundred and Eighty-
 Eight only) EMI left 11 months Rs. 32,868/- (Rupees Thirty-Two
Thousand Eight Hundred and Sixty-Eight only) to be paid till last EMI
from April 2024
15.3 Loan three Rs. 61,500/- (Rupees Sixty-One Thousand Five Hundred
only) EMI Rs. 2,142/- (Rupees Two Thousand One Hundred and Forty-
Two only) EMI left 27 months Rs. 57,834/- (Rupees Fifty-Seven
Thousand Eight Hundred and Thirty Four only) to be paid till last EMI
from April 2024
16. That it is brought to your notice that till this dispute is solved you are liable to
pay all the EMI’s that are outstanding on your part which amounts to Rs.
14,000/- (Rupees Fourteen Thousand only). That you have to pay the amount
for the month of April 2024 and May 2024 which amounts to Rs. 28,000/-
(Rupees Twenty Thousand only) on or before 10.05.2024.
17. That as such there was no written agreement signed between you and my client
but there was an oral agreement entered by you and my client that my Client will
lend you the money and you would pay the E.M.I. that amount every month to
my client. Therefore, in Nanak Builders and Investors Pvt. Ltd. vs. Vinod
Kumar Alag the Hon’ble High Court held that , it is not essential that a
contract must be in writing, unless specified by law or the parties
themselves contemplate the reduction of terms of agreement to writing."
Thus, we can see that oral agreements, though difficult to prove, are valid.
18. That you are instructed to pay all the future EMI’s that are liable on your part
before the due date as you were paying to my Client previously.
19. That it is brought to your notice that if you continue to default in paying the
EMI’s then all the future proceedings regarding to the case will be notified on
your permanent address which is 145-Vidya Vihar Apartments, Sector 9
Rohini, North west Delhi, 110085.
20. That it is further brought to your notice that my Client told me that you are an
aspirant and preparing for Civil Services exam. That if you continues to default
in pay then a criminal case will be registered against you which will automatically
Debard you from giving any Government Exams.
21. That you have committed crime under section 420, 409, of IPC and other
sections as applicable according to the case. That you have caused a great mental
distress to my Client.
22. That my Client is ready to co-operate as long as you pay all your dues that you
are liable to pay to my Client on timely basis.
23. That my client requested you several times through telephonic messages and by
sending a personal messenger to your office for the release of the said
outstanding payment, but you have always been delaying the same on one pretext
or the other and so far have not paid even a single paisa out of the said
outstanding undisputed amount.
24. That it has been made to your notice that the outstanding amount is not paid
within the stipulated timeframe, I will be compelled to pursue legal action to
recover the debt owed to me. This may involve initiating civil proceedings against
you, which could result in additional legal costs and consequences.
25. That furthermore, if there is failure to respond to this notice or to comply with
its terms will leave me with no choice but to explore all available legal remedies
to enforce my rights and recover the outstanding debt without any further notice
or warning.
26. I urge you to treat this matter with the seriousness it deserves and to take
immediate steps to rectify the situation by fulfilling your financial obligations as
agreed upon. Your prompt attention to this matter is appreciated. Should you
have any questions or require clarification regarding the contents of this notice,
please do not hesitate to contact me at your earliest convenience.

Adv. Devjeet Brahmand