To

S.S. RANA & Co.

317, Lawyers Chambers,
High Court of Delhi,
New Delhi-110003
[email protected] DATE-19-01-2022

SUB- REPLY ON BEHALF OF MY CLIENT M/S PRAVEEN TYRES, THROUGH ITS AUTHORISED REP-
RESENTATIVE MR. SUNNY UPPAL FOR YOUR LEGAL NOTICE DATED 07-12-2021 RECIEVED ON
07.01.2022 AND 13.01.2022 SENT BY YOU ON BEHALF OF YOUR CLIENT GOOD YEAR INDIA
PVT LTD ALONGWITH DEMAND NOTICE FOR AN AMOUNT OF RS. 6,00,000/- TO BE PAID BY
YOUR CLIENT TO MY CLIENT.

Sir,
The captioned notice dated 07.12.2021 which was recieved over email on 07.01.2022 and
through post on 13.01.2022 purported to be issued under the instructions of your client,
M/s Good Year Pvt. Ltd. has been placed in our hands by M/s Praveen Tyres Through its
Authorised Signatory Sh. Sunny Uppal “Our Client” on dated 15.01.2022 with instruc-
tions to reply to the same as under:

PRELIMINARY OBJECTCIONS AND SUBMISSIONS :-

That at the outset, we state that the captioned demand notice under reply is totally un-
founded and based on wrong and false instructions of your Client. At the outset, each and
every averment made in the said notice is blatantly denied save and except what has been
admitted specifically herein under. Before traversing paragraph-wise the allegations and /
or contentions stated in the captioned legal notice served by your goodself on our client,
it is pertinent to note that from a mere perusal of the said legal notice, it appears that your
client has withheld relevant material information and has only briefed you qua his alleged
grievance without revealing the illegal and unlawful acts so committed by them and their
employees for which my client shall initiate Criminal and Civil Proceedings.
Additionally, your client has misrepresented and has falsely stated certain facts thereby
getting you to draft the captioned notice whereas our clients have documents to prove
contrary to the allegations so made by your client in the demand notice under response.

1. That your client has deliberately concealed that present notice has issued as a counter
blast to the claims of my client who has already informed your client about the mis-
management and illegal acts of the employees of your client who has generated Invoice
Dt. 29.1.2020 for an amount of Rs. 5,23,232/- illegally and fraudulently by the em-
ployees of your client who did not deliver the goods of such Invoices to my client and
instead fraudulently got the said Invoices issued in the name of my client.
2. That the said illegal acts of the employees of your client was intimated by my client
vide email Dt. 9.7.2020. to your clients and my clients further also requested for the re-
fund of the amount for the warranty and replacements for the goods delivered and were
found to be defective and the customers were provided with the replacement of the
same and your clients were time and again informed about the said replacement
amounting to Rs. 1,50,000/- which has till date not been refunded to my client and
therefore we reserve our right to file a counter claim against your client for the said
amount alongwith costs, pendentalite and interest for the same alongwith the charges
incurred as monthly rent of Rs. 25,000/- for the storage of the said defective goods.
3. That when my client demanded the adjustment of the said Invoice of which goods were
not delivered and brought to light the illegal and malafide acts of your clients employ-
ees, your client instead of resorting to the said issue at hand, forcefully terminated the
said employees named Mr. Shakti and Mr. Vivek who was the Sales Manager and who
did the said illegal acts and thereafter started harassing and threatening the Senior Citi-
zen proprietor of my Client for the payment of the dues.
4. That your client has deliberately concealed that the said amount of Rs. 5,23,232/- and
refund of Rs.1,50,000/- is due and pending towards my client and is liable to be ad-
justed in the said Invoices and if the same is not considered by your clients , my client
shall be constrained to initiate civil recovery proceedings against your client for recov-
 ery of the same alongwith costs, pendentalite and interest for the same alongwith the
charges incurred as monthly rent of Rs. 25,000/- for the storage of the said defective
goods.

PARAWISE REPLY.
At the outset all 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 afore-
mentioned legal notice is without any basis, unfounded does not merit any consideration, in this
connection my client wishes to draw your attention to the following facts-
1. That the contents of the paragraph 1 of your legal notice are matter of record and needs
no reply.
2. That the contents of the paragraph 2 of your legal notice are matter of record and need no
reply.
3. That the contents of the paragraph 3 of your legal notice is admitted to the extent that my
client was empanelled as a Direct Dealer. However it is further submitted that my client
was always regular and made timely payments for the Invoices so issued and there was
no complaint ever raised by your client for the payment of the dues. However my client
did not receive the goods of Invoice Dt. 29.1.2020 and the same was intimated by my
client to your clients. However the said Invoice amount was due to be adjusted in the
other Invoices which was not adjusted by your clients.
4. That the contents of the paragraph 4 of your legal notice are wrong and denied and your
client may be put to strict proof of the same. That my clients have always adhered to
make timely payments and no payments stand due against my client, instead your clients
are liable to make payments to my client for an amount of Rs. 1,50,000/- for the warranty
goods exchanged to the customers due to the warranty assured by your clients and further
my client is entitled to the adjustment of Rs. 5,23,232/- in the Invoices the goods for
which were not delivered to my client and the same was duly intimated to your clients.
5. That the contents of the paragraph 5 of your legal notice are partly correct and partly false
and thus wrong are denied. My client has made several complaints of the quality of the
products supplied to my client to which you have recognised your mistake and have acted
to improve the quality of the goods and further my client had also time and again in-
 formed about the goods so provided under warranty which were exchanged by my clients
for the customers and you clients assured my client that my client needs to store the said
defective tyres and the same will be picked up by your clients and instead the payments
for the same will be released but your clients have deliberately not released the said pay-
ments and instead constrained my client to take a premises on rent for the storage of the
said defective tyres and my client is incurring rent of Rs. 25,000/- per month etc. etc. for
the storage of the said defective goods of your client and incurring a total expenses of Rs.
4,50,000/- till date.
6. That the contents of the paragraph 6 of your legal notice are wrong and denied and the
said Invoices are fraudulent and illegal as the said goods were never delivered to my
client and the same was also duly informed by my client to your clients over email and
therefore my client is not liable for the payment of the same.
7. That the contents of the paragraph 7 of your legal notice are wrong and denied. It is fur-
ther submitted that the said credit note is admitted and was liable to be adjusted. Further-
more My client is not liable to make the payment for the said Invoice and instead the
your client are liable to make the necessary adjustments of the warranty exchange amount
of Rs. 1,50,000/- and Invoice of Rs. 5,23,232/- and reimburse the expenses of Rs.
4,50,000/- incurred towards rent.
8. That the contents of the paragraph 8 of your legal notice are wrong and denied since My
client always pays the amount outstanding in regular period of time so giving some days
to clear amount does not arises, and yes there are good relations between my client and
your client due to which my client tried to get the issues resolve amicably and is still will-
ing to explore the possibility of settlement after necessary adjustments of the due amount
in the claim of my client.
9. That the contents of the paragraph 9 of your legal notice are false, wrong and denied. My
client never received any letter from your client, and as a generosity from our client my
client approached your client to pay the remaining arrears after adjustments.
10. That the contents of the paragraph 10 & 11 of your legal notice are false, wrong and de-
nied. There is no liability of my client to make payment of any such amount of Rs.
3,82,981.33, and the mentioned facts and circumstances are false and my client have
done no offence. All the allegations imputed by you are false, concocted, frivolous and
 baseless. It is in fact your client who are liable to make payment of Rs. 6,00,000/- to my
client which are already been acknowledged by the employees of your client for the de-
fective goods so delivered to my client.
11. I therefore though this reply and demand notice call upon your client to make the pay-
ment of Rs. 6,00,000/- to my client and make adjustments of the said amount of Rs.
5,32,232/- for the non delivery of such goods and also release the payment of Rs.
6,00,000/- keeping in mind the business situation due to covid-19, pandemic.only.. In
case, your client fails to clear the dues of my client within 15 days from the date of this
notice my client will fight this case legally and will counter claim for the clearance of the
outstanding dues from your client in the reasonable time after necessary adjustments .
However, if your client decides to press ahead with the urgent legal action, then your
client will be responsible for all cost and consequences. Your client are also responsible
for payment of Rs. 11,000/- being the cost of this reply.

Under the circumstances, my client further makes it clear that:

A. My client is ready to settle the dispute, if any, in any mode or manner
with your client and talk peacefully in case your client wishes to amica-
bly resolves the said dispute at hand and in failure to do the same;
I have been instructions to pursue all possible legal actions against the said
your clients and its employees, civil as well as criminal, in the appropriate
courts of law, which shall be solely at her own risks if they does not abstain
themselves.
Therefore in light of the facts as enumerated hereinabove, we on behalf of our
client call upon you to advise your client to unconditionally withdraw the cap-
tioned notice at the earliest.

Copy retained for record and further action.

Yours Faithfully,
New Delhi
Dated : 19.01.2022

(MEENAKSHI KALRA)
Advocate on Record
Supreme Court of India.