RAJAN R.

PANDEY
B.com., LL.B., Cyber Law,
ADVOCATE HIGH COURT MUMBAI
=========================================================================
Shop No. 14, Tulsi Tower, Sai Baba Nagar, Near Girnar Tower, Mira - Bhayandar
Road, Mira Road (East), Thane-401107 Mobile: 9920574371
Email: [email protected]

Ref. No. Date: - 03/01/2025

NOTICE REPLY
(BY REGISTERED A.D.)

To,
APEX ADVOCATE & ASSOCIATES
Advocate High Court, Bombay
Having address at Shop No. 12, B-31,
Shri Smriti Shanti Nagar CHSL., Sector No. 10,
Mira Road (East), Dist., Thane - 401107

Sub: - Reply to your Notice dated

20/12/2024

Sir,

With reference to your notice dated

20/12/2024 given by you on behalf of your
Client MRS. SHALU SINGH and MR. MUKESH
SINGH having address at Flat No. 116/B-2,
Rashmi Enclave CHS Ltd., Shanti Park, Mira
Road (East), Dist. Thane401107 to my clients,
MR. KOJARAM SUTAR THOUGH YOU HAVE
 RAJAN R. PANDEY
B.com., LL.B., Cyber Law,
ADVOCATE HIGH COURT MUMBAI
=========================================================================
Shop No. 14, Tulsi Tower, Sai Baba Nagar, Near Girnar Tower, Mira - Bhayandar
Road, Mira Road (East), Thane-401107 Mobile: 9920574371
Email: [email protected]
MENTIONED THE NAME OF MY CLIENT MR.
KAMAL SUTAR which is wrong name,

and residing at Flat No. 216/B- 2, Rashmi

Enclave CHS Ltd., Shanti Park, Mira Road (East),
Dist. Thane 401107 has been placed in my
hands with instruction to reply thereto as follow:
-

1. My clients state that my clients received your

above Notice and has gone through its contents
and in reply my client states and submits that
the contents of the Notice sent by you through
your client is false, vague, vexatious, illegal,
and bad in law and not binding upon my client.

2. At the very out set the contents of your Notice

is not acceptable and the same is based on
false information with ulterior motive to harass
my clients and your client is trying to defame
name of my clients for which your client shall be
liable to face the consequence.

3. At the very outset, the allegations and

averments made in the notice under reply,
unless otherwise specifically traversed and
admitted herein, are strictly denied and refuted.
It is stated that your aforementioned legal
 RAJAN R. PANDEY
B.com., LL.B., Cyber Law,
ADVOCATE HIGH COURT MUMBAI
=========================================================================
Shop No. 14, Tulsi Tower, Sai Baba Nagar, Near Girnar Tower, Mira - Bhayandar
Road, Mira Road (East), Thane-401107 Mobile: 9920574371
Email: [email protected]
notice is without any basis, unfounded and does
not merit any consideration.

4. At the very outset my client is also very much

shocked and surprised after receiving your
above Notice under reference and my clients
submits that your client has not approached
before you with clean hands and or you have no
knowledge about the facts of the case, and
alleging false allegation against my clients.

5. Without prejudice the contents aforesaid my

client is dealt with Para wise, however nothing
shall be deemed to be admitted if not replied
specifically as under: -

6. With reference to Para No. 1-2 of your Notice

under reply my client is not aware that your
client are joint owner of Flat No.116/B-2, Rashmi
Enclave CHS LTD.., Shanti Park, Mira Road (E) ,
Thane-401107 vide an agreement for sale dated
29/11/2019 bearing document no.TNN-10-9427-
2019 Executed between my client and Mr. Cyril
Albuquerque and further not aware that your
client have purchased the Said Flat along with
the adjoining terrace, which was originally
 RAJAN R. PANDEY
B.com., LL.B., Cyber Law,
ADVOCATE HIGH COURT MUMBAI
=========================================================================
Shop No. 14, Tulsi Tower, Sai Baba Nagar, Near Girnar Tower, Mira - Bhayandar
Road, Mira Road (East), Thane-401107 Mobile: 9920574371
Email: [email protected]
allotted to Mr. Cyril Albuquerque from the
builder in the year 1997. The terrace
construction is duly approved by the Rashmi
Enclave B - CHS LTD. Society vide

a letter dated 22/04/2005. Hence my client

denied the whole contents in toto.

7. With reference to Para No. 3 of your Notice

under reply my client is not aware that your
client has been regularly paying maintenance
charges towards the said flat and terrace and
are the regular payer and non-defaulter
members of the Society.

8. With reference to Para No. 4 of your Notice

under reply my client have rightly alleged, that
the shed
constructed over by your clients, terrace is
causing my client inconvenience and my client
have not made accused to any other residents
of throwing garbage as mentioned in your
notice for causing my client trouble towards
except your client. My client further state that
your client will never accept that due to
construction of shed and terrace my client is
suffering therefore my client has not alleged
 RAJAN R. PANDEY
B.com., LL.B., Cyber Law,
ADVOCATE HIGH COURT MUMBAI
=========================================================================
Shop No. 14, Tulsi Tower, Sai Baba Nagar, Near Girnar Tower, Mira - Bhayandar
Road, Mira Road (East), Thane-401107 Mobile: 9920574371
Email: [email protected]
allegation against your client baseless and it is
true that garbage is accumulating near my
client window and my client is feeling
inconvenience being caused by your client as
due to garbage near the window of my client
my client and his family members are suffering
from viral fever and other decease. Hence

my client has rightly shown his grievance to

your client and in the Society.

9. With reference to Para No. 5 of your Notice

under reply my client have never issued any
repeated threats to your client, as stated by you
in your present para and neither my client have
starting that my client will damage your client
terrace shed if they are not removed and if my
client have not given any threats to your client
then then the question does not arise for any
accepting and or are unaccepting and have
caused immense mental harassment to your
clients. On the contrary my client have very
politely requested to your client that due to
shed and terrace the other members of the
building who are residing on upper floor some
time thrown out dust and other material like
foods, grans house which comes on your client
shed which very closed to my client windows
 RAJAN R. PANDEY
B.com., LL.B., Cyber Law,
ADVOCATE HIGH COURT MUMBAI
=========================================================================
Shop No. 14, Tulsi Tower, Sai Baba Nagar, Near Girnar Tower, Mira - Bhayandar
Road, Mira Road (East), Thane-401107 Mobile: 9920574371
Email: [email protected]
and many times the pigeon come over there to
eat the foods and grins and sometime the
pigeon have died and bad smell come in to my
client flat, for which my client have requested to
your client to remove the shed but your client
have never paid any heeds on the request of
my client. Hence my client denied the allegation
as alleged by your

client in the present para of your notice and put

your client to strict proof thereof.

10. With reference to Para No. 6-7 of your Notice

under reply my client denied that my client has
made any extension of the flat, therefore the
allegation as alleged by your client in the
present para is vehemently denied by my client.
My client has not carried out any work then no
question arise for your client is to promptly
intervened and stopped the work. Apart from
that my client is not aware that your client has
lodged a formal complaint letter served to the
society on 08/05/2024, requesting the removal
of iron rods/angles kept on their terrace shed.
My client further denied that the society had
also wanted my client previously on 09/01/2024
through the society WhatsApp group to cease
 RAJAN R. PANDEY
B.com., LL.B., Cyber Law,
ADVOCATE HIGH COURT MUMBAI
=========================================================================
Shop No. 14, Tulsi Tower, Sai Baba Nagar, Near Girnar Tower, Mira - Bhayandar
Road, Mira Road (East), Thane-401107 Mobile: 9920574371
Email: [email protected]
such illegal construction and remove the iron
rods which were lying on their terrace shed of
my clients. My client denied the whole contents
of the present para in toto and put your client to
strict proof thereof.

11. With reference to Para No. 8 of your Notice

under reply my client denied the whole
allegation as alleged by your client in toto and
put your client to

strict proof thereof. My client further submitted

that the documents which your client has given
to various authority is only with malafide
intention to misguide all authorities, therefore
the contents of all documents which your client
has annexed is denied by my client and also not
binding upon my client.

12. With reference to Para No. 9 of your Notice

under reply my client denied that, despite
repeated complaints and warnings my client
have continued carried out illegal activities and
harassment towards your clients, which clearly
indicates non-adherence of society rules and
regulation, my client further denied the
allegation that my client have carried out any
illegal act for which any society rule and
 RAJAN R. PANDEY
B.com., LL.B., Cyber Law,
ADVOCATE HIGH COURT MUMBAI
=========================================================================
Shop No. 14, Tulsi Tower, Sai Baba Nagar, Near Girnar Tower, Mira - Bhayandar
Road, Mira Road (East), Thane-401107 Mobile: 9920574371
Email: [email protected]
regulation has been breached out by my client.
My client has not given any threats or illegal
actions to your client therefore the allegation
which has been alleged by your client is
baseless and the intention of your client is only
to defame the name of my client in the society
though my client is law abiding and peace-
loving person. Hence my client denied all
allegation as alleged by your client and my
client put your client to strict proof thereof.

13. With reference to Para No. 10 of your Notice

under reply my client is not aware that your
client has also reports this matter to the
Kanakia Police Station, Registrar of the Co-
Operative societies and as well as to the society
concerning the safety of my clients and their
family. My client submitted that your client with
malafide intention to harass my client is lodging
complaint everywhere though my client have
not done any illegal work as mentioned in your
notice on behalf of your client and if your client
not stopped allegation against my client then
certainly my client will be constrained to adopt
legal action against your client.
 RAJAN R. PANDEY
B.com., LL.B., Cyber Law,
ADVOCATE HIGH COURT MUMBAI
=========================================================================
Shop No. 14, Tulsi Tower, Sai Baba Nagar, Near Girnar Tower, Mira - Bhayandar
Road, Mira Road (East), Thane-401107 Mobile: 9920574371
Email: [email protected]
14. With reference to Para No. 11 of your Notice
under reply my client denied all allegation and
instruction which has been given by your client
under para no.11 (a) to (e) and the same is not
binding upon my client and such instruction is
totally illegal and bad in law. My client further
submitted that the shed which has been
constructed by your client is itself illegal against
the provision of MOFA, and BMC rule and
guideline also, apart from that in the MAP of the
building construction there is no such provision
of construction of the shed on the terrace as the

terrace is common place which is open for all

the members of the building therefore your
client cannot use the area of the terrace.

15. My client further submits that my client has also

submits complaint against your client in the
Society by giving letter in writing. My client
further submitted that previously the society
has already given one notice to one Mr. Shalu
Mukesh Singh & Jt bearing flat no B2/116
regarding terrace roof shed problems and the
copy of the same notice was given to others
members of the society wherein the society has
strictly given directions to all those persons who
have putted shed on the terrace therefore the
 RAJAN R. PANDEY
B.com., LL.B., Cyber Law,
ADVOCATE HIGH COURT MUMBAI
=========================================================================
Shop No. 14, Tulsi Tower, Sai Baba Nagar, Near Girnar Tower, Mira - Bhayandar
Road, Mira Road (East), Thane-401107 Mobile: 9920574371
Email: [email protected]
same the rules and regulations applied to your
client also. Your client is very much aware about
the said notice given to Mr. Shalu Mukesh Singh
& Mrs. Shalu therefore you also advice to your
client to avoid any kind of litigation and
disputes to remove their sheds from the terrace
without any kind of creating problem, because
previously one Mr. Sajeesh Swaminathan the
owner of Flat no. B1/211 had given one
complain in writing on 23/10/2023 regarding
nuisance created by flat no B1/111 on the top of
the shed in this way it can be considered that
whoever have putted shed on the terrace have

created nuisance in the society wherein your

client is also one of them.

16. My client further submit that your client has no

cause to take any legal action against my
clients, and if, despite all these facts, your client
choose to do so, and if they shall be doing so at
his responsibility as to costs and consequences,
and in that event your client shall have to thank
none but for his own illegal action, which please
you ask your client to further note. You are also
like prudent man be kindly advise your client to
withdraw his notice against my client and my
 RAJAN R. PANDEY
B.com., LL.B., Cyber Law,
ADVOCATE HIGH COURT MUMBAI
=========================================================================
Shop No. 14, Tulsi Tower, Sai Baba Nagar, Near Girnar Tower, Mira - Bhayandar
Road, Mira Road (East), Thane-401107 Mobile: 9920574371
Email: [email protected]
clients are ready to face the consequence for
the same.
Thanking you,

Place: Mumbai.
Date: 5.01.2025
Rajan R. Pandey
(Advocate)
MAH/2452/2023
Mo.: 9920574371

Counter signature of my clients.

CC to- Rashmi Enclave CHS Ltd., Shanti Park,

Mira Road (East), Dist. Thane401107