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07.05.2019
By Speed Post / RPAD / E mail

To,
Sr. No. 76 / 2 A, 76/2B, 76/3
Flat No 502, E – Wing
Raviraj Ventures
Near Plant Mall
Pune – 411 017

Also residing at:

2nd Floor, Savitri Apartment

Nehru Nagar Road
Pimpri
Pune – 411 018

Dear Sir:

Under instructions of my clients s (1) Mrs. Suvarna Vitthal

Parab, residing at : 201, Siddhant, Bhaskar Colony,
Naupada, Thane (West) – 400 602 and (2) Mrs. Pallavi Atul
Joshi, residing at : 10, Unntati Society, Shahaji Raje Marg,
Vile Parle (East), Mumbai – 400 057 I have to state as
under :_

1. My clients instruct me to state that both are the

daughters of one Late. Ms. Shakuntala Appaji
Deshpande who was the full and absolute owner of the
residential premises bearing Flat No.8, Sinaar Sankul
CHS Ltd., College Road, Nasik – 422 005 by virtue of a
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registered ‘Sale Deed’ executed by one Mrs. Kunda Rajiv

Deshmukh which came to be registered at Sr. No.
8478 / 2011 on 01.10.2011 which was to have
standard amenities which are normally available in any
such residential flat and facilities connected therewith.

2. My clients also states that after the execution of the

sale deed by Mrs. Kunda Deshkumh in favour of Late.
Shankuntala Appaji Deshmukh and after its reporting
to the society, the name of Late. Shakuntala Apaji
Deshmukh came to be recorded on the Share Certificate
No. D – 1 with five shares of Rs. 50/- total amounting to
Rs. 250/ - bearing distinct numbers 36 to 40 (both
inclusive).

3. That, thereafter my clients’ mother Mrs. Shankuntala

Appaji Deshpande expired on 22.02.2015 leaving
behind her my both clients being her two daughters as
her legal heirs.

4. My clients instructs me to state that on 17.02.2016 the

society in question bering Sinar Sankul CHS Ltd., after
my clients application made to it replaced the name of
their mother from the above mentioned share certificate
with the names of my clients which came to be
incorporated on the same which are still in existence.
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5. My clients also instructs me to state that formerly my

client No. 1 when she was spinster in the year 2007 was
an employee of HDFC Standard Life Insurance &
Finance Ltd at Aurangabad where you used to come in
a group booking of your clients and customers when
you were running a business of transportation logistics.

6. My Client No. 1 instructs me to state that as she was in

operations department over there you and she got in to
contact with each other quite often and that is how you
became personally acquainted with my client No.1.

7. My client No. 1 on 01.06.2009 she got transferred to the

Learning & Development of HDRC Standard Life
Insurance & Finance Ltd. at its N.M. Joshi Marg,
Mumbai premises and hence she got shifted from
Aurangabad to Mumbai due to change of occupational
transfer.

8. My Client No.1 instructs me to state that that in the

month of September,2011 she quit that job which was a
N. M. Joshi Mumbai and thereafter she continued to
reside at Thane only as her husband is professor at
Kalyan college.
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9. My Client No. 1 instructs me to state that even though

she physically left Aurangabad and shifted down to
Mumbai you and she were in occasionally contact with
each other. My client No. 1 also instructs me to state
that from her you came to know that her mother was
suffering from cancer and was recuperating at Nanavati
Hospital, Vile Parle (West), Mumbai and at that time
you were knowing that my cilents’ mother was having a
flat at Nasik.

10. My Client No. 1 also instructs me to state that you

came to know the sad demise of her mother and you
asked my client No 1 of what would now their family
would do as regards the Flat No. 8 which was jointly
owned by my both clients after their mother got expired.

11. My client No. 1 in the process happened to have

told you that her said flat at Nashik flat was available
for sale you only started discussing the possibilities of
the same being sold to you by my clients and my sister
who is a co-owner of it and that is how the negotiations
ensued between you and my clients .

12. My Clients instructs me to state that thereafter

the protracted negotiations a price of Rs. 50,00,000/-
(Rupees Fifty Lakhs only only) was arrived at as and by
way of full and final consideration which you had
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shown eagerness to pay the same to my client after

raising the housing loan from the financial institutions.

13. My Clients instructs me to state that after

securing the promise of my clients to sell the said flat to
you, later on you came with an excuse to my clients
that if you were to pay to my clients such a huge
consideration Rs.50 lakhs by cheque then that would be
incurring a huge on amount on GST in the process and
that could be costing and taxing you too much.
14. My clients also instructs me to state that in order
to avoid getting taxed more, you came out with an idea
that if it is incorporated in the agreement that the
aforementioned amount of consideration was being paid
by you to my clients in cash on various dates without
‘actually paying any such money’ on the imaginary
dates, then based on such legal document of ‘Transfer
Deed’ by my clients in your favour, you would be able to
raise housing finance loan from any such financial
institution by making use of the same.

15. My Clients instruct me to state that to gain the

sympathy of my clients you had also told to them that
you would be giving one cheque of Rs. 33,00,000/- (Rs.
Thirty Three Lakhs only) in favour of my client No. 1 i.e.
Mrs. Suvarna Parab on the day of execution of the deed
as and by way of security and when your housing loan
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gets sanctioned, then my client deposit the same in her

account.

16. My clients also instruct me to state that you had

also won the confidence of my clients by telling them
when you they need not give the actual and physical
possession of the said premises to you till the entire
amount of consideration is given by you to them, a
proposal @ suggestion given by you could hardly make
my client to disbelieve so as she was to retain
possession with her till your last rupee is received by
them.

17. My Client No. 1 instructs me to state that you

urged my clients to believe and trust you given the last
six to eight years of your acquaintance with her since
her days with HDFC Life Insurance & Finance at
Aurangabad and he felled into your trap .

18. My Clients instructs me to state that they

conceded to your request as outwardly there was no
harm in signing such kind of agreement as the actual
and physical possession was to be retained by my
clients till she gets full and final consideration from
you.
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19. My Clients instructs me to state that based on

this kind of working arrangement my clients in good
faith had also approached the secretary of Sinaar
Sankul CHS LTD. Nasik for the purpose of obtaining
requisite permissions, sanctions, NOCs, etc. from the
society in your favour and also to facilitate smooth
transition of flat from her to you.

20. My Clients instructs me to state that as such on

14.12.2017 the document purported to be Transfer
Deed was executed between my clients with you in
presence of two witnessed before Sub-Registrar of
Assurances, Nasik-1 on payment of Rs. 3,74,400/-
(Rupees Three Lakhs Seventy Four Hundred only)
towards stamp duty and also another registration
charges of Rs. 43,100/- (Rs. Forty Three Thousand
Hundred only).

21. My Clients instructs me to state that on the date

of execution of the said Transfer Deed Dt. 14.12.2017
you had not at all paid to my either an amount of Rs.
50,00,000/- (Rs. Fifty Lakhs only) or any part thereof
either by way of cash, or cheque, or DD, by Pay Order
or Demand Draft or any such equivalent kind or in
barter. It is further submitted that even as on the Page
No. 8 and 9 of it there are ten different amounts that
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have been shown as having been paid by you to my

clients, no such money was or their parts thereof were
ever tendered by you to my clients at any point of time
prior and even after execution of the such Transfer
Deed on 14.12.2017.

22. My Clients instructs me to state that as per the

understanding between you two no separate or
otherwise independent receipts were executed by my
clients of having received any such amounts which have
been mentioned at ten different occasions in the ‘Said
Transfer Deed’ and the actual and physical possession
of my client is still with my both the clients as both are
having actual and physical control over the same
notwithstanding whatever was written in the Para No. 5
about the possession aspect and not any identical or
duplicate sets of keys of the Flat No. 8 were ever given
by my clients to you nor any one has received the same
on your behalf.

23. My Clients instructs me to state that at the time

of execution of the said Transfer Deed you had given to
my client No. 1 a cheque bearing No. 003504 Dt.
15.01.2018 drawn on Union Bank of India, Wagholi
Branch, Pune of Rs. 33,00,000/- (Rs. Thirty Three
Lakhs only) in the name of my Client No. 1 i.e. ‘Suvarna
Parab’ on 14.12.2018 with an instruction to my client
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No. 1 that she should deposit the same only when his
loan proposal with any of the bankers gets fructified to
which my client No. 1 believing on you relied upon.

24. My clients also instructs me to state that before

the ‘Transfer Deed’ could be drafted and typed so, you
had asked my clients to put @ mention your i.e.
Purchasers address as : Mr. Raju Bharadwaj the
resident of 2nd Floor, Savitri Apartment, Nehru Nagar
Road, Pimpri, Pune – 411 018 even as in the past you
had conveyed to her your address as : Rajesh Sharma,
Sharma International , 2nd Floor, Esteem Tower,
Bombay – Pune Road, Pimpri, Pune – 411 018 with Cell
No. 84120 6626.

25. My client also instructs me to state that vide your

SMS communication to my client on 15.04.2017 you
had conveyed to my client your e mail ID being:
silpunee@gmail.com which is presumed to be valid one
as couple of e mails sent by my client No. 1 to you have
not bounced back to land up in my client’s in box.

26. My Clients instructs me to state after getting

Transfer Deed on 14.12.2017 at Nasik you were
roaming around India to attend your business activities,
however when the date of the cheque given by you dated
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15.01.2018 became due you were not available on the

mobile too and became accessible.

27. That, after lots of trials and attempts you became

accessible to my client and conveyed to her that you
had met with an accident at one of your construction
site at Hyderabad and subsequently you happened to
have been transferred to Bengaluru for the treatment
which my client blindly believed.

28. That, since January 2018 my clients have been

trying to get hold of you by dialling your all available
numbers but to no avail. However, you happened to
have sent typical stereo type messages to my client No.
1 on her mobile from your Mobile No. 84120 62626
through which you used to give very cryptic replies to
my client No.1 and you were totally non-committal and
did not answer any of the query in response to my
client.

29. That, it is my clients contention that at that time

you had no cash at your disposal on the various dates
which are mentioned on ten different instances in the
‘Transfer Deed’ Dt. 14. 12.2017 no such various cash
amounts were with you or were at your disposal so as to
pay to my clients on those dates mentioned therein and
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any such agreement in which the consideration is not

passed to the vendor is the agreement void ab initio.

30. That in the given instance even as the ‘Transfer

Deed’ happened to have been executed and registered
by my clients and you at Sr. No. 8818 Dt. 14.12.2017
the same cannot have any legal sanctity for want of
passing of consideration of Rs. 50,00,000/- (Rs. Fifty
Lakhs only) or any part thereof to my cilents as the said
deed was procured by you by playing a huge fraud on
my cilents by gaining their confidence on the basis of
your past acquaintance with my client No. 1 Mrs.
Suvarna Parab ten years ago or so.

31. Suffice to say that as the ‘Transfer Deed’ Dt.

14.12.2017 is null and void ab initio my clients have not
conferred any such rights in respect of the Flat No .8
situated at Sinar Sankul CHS Ltd., College Road, Nasik
– 422 005 in your favour and therefore no right, title,
interest of any nature has been passed from my clients
to you till this date.

32. My Client no. 1 (Suvarna Parab) instructs me to

state that she could not pursue her deal with you after
the execution of the transfer deed on 14.12.2017 as her
husband met with brain stroke on 26.04.2018 when he
was teaching in his Agarwal College, Kalyan, District
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Thane and thereafter she had to spend substantial time

on his treatment and betterment.

33. My client also instructs me to state that thereafter

on 07.12.2018 both my client No. 1 and her husband
Prof. Vitthal Vishnu Parab when both were riding on
their Kinetic Activa bearing No. MH – 05 – CF – 6029
when they going past Nirmal Life Signal at Mulund
(West) Mumbai and her husband was kept in hospital
being Kelshikar Hospital, Khopat, Thane my client No. 1
received wounds on her face.

34. My client No.1 also instructs me to state that her

husband’s left should arm was in plaster for nearly forty
days and it came to be removed in February 2019 and
thereafter he was having 40 days physiotherapy
sessions which were going on till April end.

35. My client No. 1 instructs me to state that she was

required to go to State Bank of India, Old Agra Road,
Nasik Branch for the purpose of closing her Locker No
512 which was standing in her mother’s name and
Client No. 1 and being un-operative she was receiving
the calls from the said SBI Branch and on 11.04.2019
my said Client no. 1 went over there with letter to close
her locker which was already empty and on that day
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she surrendered the keys of the same to the said bank

under acknowledgment.

36. My client No .1 instructs me to state that after

completing the SBI work she went to her Flat No. 8
Sinar Sankul CHS Ltd., only go get shell shocked that a
‘Possession Notice’ having been pasted on the outer
door of the same duly signed and sealed by an
authorised officer of ‘L & T Financial Services Ltd’.,
showing an outstanding loan amount together with the
interest of Rs. Rs. 43,48,346.94/- (Rs. Forty Three
Lakhs Forty Eight Thousand Three Hundred Forty Six &
Paise Ninety Four only) being total outstanding as on
04.12.2018 on you being the borrower, Gemtek Logistic
as Co-Borrower and one Preeti Kiran Tyagi as a
Guarantor to repay that amount.

37. That the said notice pasted on the outdoor of the

Flat No. 8 of my clients was under the ‘Rule (10 Security
Interest(Enforcement Rules) 2002’.

38. My Clients instructs me to state that she was

shell shocked to come across such kind of pasting of
notice by ‘L & T Financial Services Ltd’ on her flat when
she have had no privity of contract at any point of time.
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39. My Clients instructs me to state that the notice

pasted by ‘L & T Financial Services Ltd’ on the Flat No.
8 reveals that you have mischievously and fraudulently
used all those papers acquired from my clients by
inducing them to enter into ‘Transfer Deed’ with you in
respect of their Flat No. 8 by getting it executed and
registered without paying a single rupee to them and
also obtaining all major society related papers, etc. from
that Sinar Sankul CHS Ltd., Nasik and used the same
for availing the financial assistance from ‘L & T
Financial Services Ltd’.at Pune.

40. My cilents instructs me to state that since the

‘Transfer Deed’ Dt. 14.12.2017 between my clients and
you is illegal, bad in law, mischievous, malafide,
fraudulent, unenforceable, and the is not having any
binding effect and the same cannot and could not
convey any such right, title, interest, etc. in favour of
you and you in turn cannot pass on any such right, title
and interest in respect of the said premises in favour of
‘L & T Financial Services Ltd’ and even if the same is
passed on so to the latter as the very right, title, interest
that is appeared to have passed on to you from my
clients is nullity and hence the ‘L & T Financial Services
Ltd’ too can’t derive any such right, title, or interest
from you to them on the basis of the ‘Transfer Deed’ Dt.
14.12.2017 which itself is defective.
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41. My client No. 1 instructs me to state that it took

lot of time to come out of the mental shock which she
suffered in the wake of her visit to Nasik on 11.04.2019,
finally she along with her husband Prof. Vitthal Parab
went to Pimpri on Sunday 28.04.2019 by train and
returned by train to get further shell shocked that you
were no longer concerned with 2nd Floor, Savitri
Apartment, Narmada Nagar Floor, Nehru Nagar Road,
Pimpri, Pune-411 018 even on the date of ‘Transfer
Deed’ Dt. 14.12.2017 as you have vacated the said
premises three to four years prior to that.

42. My client No. 1 and husband also visited 2 nd and

3rd floors of Esteem Tower where they learnt that you
had vacated this premises many years back meaning
thereby you had intention to cheat and mislead my
client when you communicated a false address of
Esteem Tower through an SMS on the date mentioned
above.

43. My client No. 1 also visited ‘L & T Financial

Services Ltd’ at Shivaji Nagar, Pune – 411 004 on
Tuesday 30.04.2019 only to get further shocked that
you have duped that financial institute by making use
of ‘Transfer Deed’ Dt. 14.12.2017 executed by my client
and had created an ‘equitable mortgage’ on the Flat No.
8 Sinar Sankul CHS Ltd, Nasik flat and have not repaid
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your dues to that financial concern as well

compounding it to Rs. 43,483,46.94 /-.

44. My client also instructs me to state that ‘L & T

Financial Services Ltd’ have also published notice in
Free Press Journal and Marathi newspaper ‘Navshakti’
Dt. 12.04.2019 of auction sale.

45. My clients instructs me to state that you have

committed half a dozen crimes as contemplated under
the provisions of Indian Penal Code of cheating,
criminal breach of trust, forgery, making use of forged
documents for your benefit, etc. and you have made
yourself liable for the criminal action.

46. My clients under such circumstances hereby state

and intimate to you that ‘Transfer Deed’ Dt. 14.12.2017
executed by my both clients with you in respect of Flat
No. 8, Sinar Sankul CHS Ltd., standing on S. No. 725 /
1/ 11, Final Plot No. 482, Yeolekar Mala, Nashik, - 422
005 stands rescinded, annulled, cancelled, repudiated
and the same has become unenforceable and not
binding on my client.

47. My client also hereby calls upon you to surrender

to her the original ‘Transfer Deed’ Dt. 14.12.2017
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together with all the nine sets of papers (1) 7/12

Extract,(2) N. A. Order,(3) N. A. Tax Receipt,(4) Building
Plan,(5) Commencement Certificate & Completion
Certificate, (6) Original Agreement to Sale along with
Registration Receipt, (7) Original Transfer Deed along
with Registration Receipt, (8) Copy of Society
Registration Certificate and (9) Original Share
Certificate

48. procured by you from my client which have been

enumerated on the Page No. 7 & 8 of the same within
one week from the date of communication of this notice
earliest by any mode, including the electronic i.e. E mail
one, failure of which my client shall be constrained to
file appropriate legal proceedings against you including
an FIR against you in at the concerned police station
the consequences of which you will have to bear with
the same of which take a serious note.

49. You are also hereby called upon to pay to my client

Rs. 25,000/- towards the cost of this notice and
Rs._______/- over the mental loss caused to my client.

Thanking you,

Yours faithfully,
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Ganesh Sovani
Advocate – Bombay High Court

Re - check and delete

- You had also represented to my clients that at the time

of execution of such transfer deed you will be requiring
the original documents such as:
which you would be requiring to generate the
housing loan form the NBFCs.

- The Transfer Deed between you and my clients has

no force or value since my clients has not received
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any single rupee at the time of execution of the

same even as the deed itself saying you having paid
to my clients s Rs. 50,00,000/- (Rupees Fifty Lakh
Only) by cash in ten different instalments.

- My clients s also instruct me to state that you wanted to

utilise only my clients s’ original documents only for
attaining the purpose of defrauding my clients s by
making use of the original documents of hers while
applying for the housing loan.

- My clients s also instruct me to state that without

getting the custody of those original eight documents
you could have not even applied for housing loan.

- My clients instructs me to state that to win over the

confidence of my clients s you had given my clients’
cheque of Rs. 33,00,000/- (Rupees Thirty Three Lakh
only) Dt. 15.01.2018 in favour of my clients No.1 with
an instruction to deposit the same whenever you
officially direct her to deposit so.

- My clients instruct me to state that you have told my

Clients No. 2 that you will be parting with her cheque
of balance amount of consideration only when the
cheque given by you to client’s No. 1 gets encased. My
both clients s relied upon your assurance and executed
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abovementioned transfer deed by having a complete

faith in your series of representation made to them from
time to time.

- My clients s also instruct me to state that you have

played the dirtiest game of its kind which full of deceit
and fraud perfectly articulated by you upon my clients s
to usurp the money by availing the bank finance on the
basis of the documents.

- That thereafter you and my clients executed an

agreement Dt. 24.12.2017

- The typicality of his sms replies:

- are very cryptic in nature
- avoiding in nature
- giving uniform excuse of being busy
- you on your own never contacted to my clients

- My clients s also instruct me to state that they have

every reason to believe that your accident theory was of
cock and bull nature
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