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Date: 10.04.2019

Bharat Raghunath Bhoir,
Add: Near Krushna Dham, Bhoir House,
Mahagiri Koliwada, Thane (W)-400 601,


Under instructions from and on behalf of my client State Bank

of India, through its Branch Manager Mrs. Chandrika Pathai, having

branch office at: Wadia Building Branch, 125, N.M. Wadia, Charities

Bldg., M.G.Road, Fort, Mumbai-400 023, I have to address you as under:

1. My client state that it’s a Corporate Body constituted under the

State Bank of India, 1955 (Act No.XXIII of 1955) having its

Corporate Centre at Madame Cama Road, Mumbai. It is a body

with perpetual succession and it can sue and be sued in its own

name. It is engaged in business of banking and finance. It has

various local head offices and service and commercial branches

including one of its branches at the address mentioned

hereinabove. That the abovesaid branch manager is fully

conversant with the facts of the notice/case on the basis of

record maintained by my client in normal course of business


and therefore, she is in a position to depose about correctness

thereof. Even otherwise she is competent and authorised to

sign and verify the notices, pleadings, complaint, Vakalatnama,

affidavit, applications and executions, etc. and to do all such

acts as are necessary.

2. My client states that erstwhile subsidiary state bank of

Travancore is merged with my client with effect from 1st April,

2017 (hereinafter referred to as the effective date). On and from

the effective date, the undertaking of the state bank of

Travancore as it stood immediately before the effective date

shall, without any further act, instrument or deed, stand

transferred to, and vest in, the State Bank of India. My client

states that pursuant to aforesaid merger, the said erstwhile

subsidiary State Bank of Travancore’s Wadia branch, Fort,

Mumbai also got transferred with State Bank of India, Wadia

Building branch, Fort, Mumbai.

3. My client states that you approached the erstwhile State Bank

of Travancore, Wadia Branch, Mumbai for the purpose of

availing cash credit facility under Pradhan Manthri Mudra Loan


for Rs.10,00,000/-(Rs. Ten Lakh only) and submitted

application form in the month of 17th March 2016 and same was

sanctioned to you. After sanction the documentation was done

as per prescribed procedure of the Bank as under :

i) Loan Application form

ii) Interview cum appraisal form

iii) Bio Data Form

iv) Hypothecation Cum Working capital Agreement etc.

After documentation the loan was disbursed on 18.03.2016

4. My client states that you have withdrawn an amount of

Rs.9,95,000/-(Nine Lakh Ninety Five Thousand only) out of

total loan amount of Rs.10,00,000/-(Rs. Ten Lakh only) on

18/03/2016 in cash.

5. My client further states you have withdrawn the said loan

amount in cash for the purpose of purchase of stock but you

failed to provide any proof to substantiate that the stock was

purchased by you out of the withdrawn/loan amount. My client

further states that the said loan amount is diverted by you for

your personal and lavish purpose other than the purpose for

which it was availed.

6. My client states that you were supposed to create assets out of

the funds/loan availed and repay the loan amount by routing

all the business transactions through the said loan account so

that the interest is serviced regularly but you failed

intentionally and deliberately to misappropriate the loan

amount. My client further states that you were also required to

submit monthly stock statements to continue the limit so

granted under the aforesaid scheme but you failed to submit

the same.

My client states that as you also failed to maintain the

abovesaid cash credit account and as such the said cash credit

account has become irregular and there is total outstanding of

Rs.9,94,987.75 as on 31/03/2019 and the said loan account is

also classified as Non-Performing Asset on 17/04/2018 by my


7. My client states that the said loan was taken by you for

business however there is no such business in your name and

you have also not established any new business and as such no

sale proceeds credited by you in the loan account. My client

states that you have also misrepresented and played fraud

upon the bank while availing cash credit facility to the tune of

Rs.10,00,000/-(Rs. Ten Lakh only).

8. In the aforementioned circumstances, and under the

instructions from my client I call upon you to pay the said

outstanding of Rs. 9,94,987.75 (Rs Nine Lakhs Ninety Four

Thousand Nine Hundred and Eighty Seven and Seventy Five

Paisa only) to my client within 7(seven) days from receipt of this

notice at following address: SBI, Wadia Building Branch, 125,

N.M. Wadia, Charities Bldg., M.G.Road, Fort, Mumbai-400 023,

failing which my client will have no other option but to initiate

appropriate civil & or criminal legal action against you, for the

redressal of the grievances of my client, at your entire risks, as

to its costs and consequences.


The costs of this notice Rs. 5000/- is also kept on your


Yours truly,


Advcocate, High Court, Mumbai