Date: 28/06/2024

To,
Mr. Dharmendra L. Gupta
Advocate High Court, Mumbai
Office at: 56, Ground Floor,
Anna Sahbe Vartak (B.M.C) Market,
V.P.Road, Opp. Hira Manek CHSL.,
Vile Parle (Wet), Mumbai – 400 056

Ref – Your notice dated 25/01/2025 on behalf of your

client Mrs. Rinku Balmukund Kandu.
Sub – Reply to your Legal notice dated 25/01/2025
Sir,
Your Notice dated 25/01/202 on behalf of your client Mrs. Rinku
Balmukund Kandu has been received by my client Mrs. Madhuri Akash
Davane and same was placed in my hands with an instruction to give you
reply of the said notice as under-
1. My client states that at the very outset, before dealing with the subject
matter of your letter under reference, my client has instructed me to
place on record that my client do not admit any of the contention of
your client in your letter under reference and therefore, deny in toto
each and every false contentions and allegations made by your client in
your letter under reference, and if any of the contention of your notice
has not specifically been denied / dealt with by my client, the same
should not at all be construed as admitted by my client in any manner
whatsoever and howsoever.
2. At the further outset, your letter under reference on behalf of your
client is absolutely false, misconceived, concocted and cooked up
without any truth of whatsoever and is only a paper threatening to

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 knock out unreasonable monies from my client by your client. My
client states that your client has made various false and frivolous
statements to write this vexatious letter under reference, through you.
Therefore and even otherwise, no cause of whatsoever nature as alleged
has been arisen between your client and my client and hence your
client’s entire letter is bad in law and uncalled for and not maintainable,
the same being issued by your client with some ulterior motives
appears with a View of harass my client.
3. At the further outset, further there are no annexure along with your
letter whereby supporting your client’s alleged contentions and
therefore even otherwise my client do not admit any of the contents
thereof and deny the same in toto.
4. At the further outset, it would be suffice to place on record that your
client has deliberately misdirected and misguided you while giving
instructions in the above subject and has knowing dishonestly
suppressed the vital facts from you while instructing you and therefore
my client sincerely feels that had all the true an correct facts been
appraised and known to you, certainly you would not have addressed
the present letter to my client. As such, your client having approached
you as well as to my client with the unclean hands, your client doesn’t
deserve any reply, much less an appropriate proceeding shall be
initiated against your client for not only the suppression of vital facts.
5. Without prejudice to what is stated hereinabove, it is apparent and
manifest that your client has deliberately suppressed the vital facts and
admitted records from you and the contents thereof are contrary to the
contents of your above referred letter and even otherwise either your

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 client has deliberately suppressed the said aspect from you or you have
conveniently chosen not to site the details and the particulars about the
same for the reason best known to you. However, my Client shall
certainly demonstrate the aforesaid conducts of your client at the
appropriate stage and the appropriate time as the circumstances
warrants. In any event your client has also suppressed with ulterior
motives and the mischievous designs.
6. Without prejudice to what is stated hereinabove and more particularly
before dealing with all that contentions of your client as stated in your
client, I am instructed to place on record that your client have
deliberately, intentionally and mischievously with the dishonest intent
and ulterior motive misled you to address the letter under reference.
7. Now my client shall deal with the para wise reply of your letter which
shall be without prejudice to my client’s rights and remedies as under –
a) With reference to para 1 to 4 of your notice, my client states that the
contents of the said para are partly true to the extent that my client is
an owner of Room No. 15, Jay Ambe Nagar, Galli No. 1, Opp.
Sagar Bekary, Opp. Railway Station, Bhayander (West), Dist.
Thane and rest of the contents are false and denied by my client. it is
submitted by my client that my client had let out the portion of the
abovesaid room to you and your husband on a fixed heavy deposit
of Rs. 4,00,000/- but here it is pertinent to note that the said room is
consisting of ground + 1 upper floor. At the ground floor there is
one room which has been occupied by my client. There are 3 rooms
on first floor out of which one room was already let out by my client
to one party and rest two rooms were let out to you on fixed heavy

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 security deposit of Rs. 4,00,000/-. My client further submits that
while letting out the portion of the said rooms to you, my client had
given the said disputed cheque to you as a security cheque. The said
cheque was undated and only an amount was mentioned. It was
agreed between my client and you that you shall return the said
cheque upon receiving Rs. 4,00,000/- from my client and vacating
the said room. However, even after refunding whole amount in
several instalments, you failed to return the said disputed cheque
and misused the same by depositing in your bank and got it
dishonoured.
b) With reference to para 5 to 10 of your notice, my client states that
the contents of the said para are totally false, frivolous, baseless and
concocted. Hence, denied by my client. In reply to the contents of
the said para, my client states that after refunding of entire security
deposit amount, a several request made by my client, her husband
and her sister-in-law, you and your husband for returning the said
disputed cheque. However, you gave false assurance and promises
but did not return the said cheque and later on deposited the same
and got it dishonoured. My client states that he had never issued
any cheques to your client towards discharge of his liability and
same was issued as a security cheque. Your client misused cheques
of my client given as a security cheques thereby your client has
committed serious offence of cheating and breach of trust.
Under the abovesaid circumstances, I on behalf of my client call
upon your client to withdraw the said notice and return the said
disputed cheque to my client within 7 days of the receipt of the said

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notice failing which my client shall take appropriate legal action
against your client before appropriate civil and criminal court and in
said circumstances your client shall be responsible for all cost and
consequences.

Adv. Hiren P. Mehta

(For H.P.Mehta &
Associates)