Reply To Notice

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RAHUL R. KAPUR c/o. icl advocates

Advocate 102/c, mittal towers
B.S.BA (USA), LL.M, DCL, DSL nariman point
Mumbai 400 021
+91 8082539490
[email protected]
24th April, 2021

To,
Brenntag Ingredients (India) Pvt. Ltd
301, 3rd Floor, Ackruti Centre Point,
MIDC
Andheri (East)
Mumbai 400 093
Ref: Your legal notice dated 23.04.2021
Sir/Madam
My client, Mr. Shashikant Sohoni, has handed over your notice dated 23.04.2021 and
has instructed me to reply of the same as under:
1. At the outset, I have instructions to state that your instructions are not appraised
with correct facts, which has resulted into issuance of this frivolous notice. It
appears that owing to such misrepresentation, the true facts have been
deliberately concealed. It is further stated that averments made against my
client in the subject notice are wrong, frivolous and misconceived, hence they
are denied.
The true facts pertaining to the present matter may be noted.
2. My client states that on 16th August 2018, he was appointed for the job of
Warehouse Manager with Brenntag Ingredients (India) Pvt. Ltd (‘Company’)
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and since then he has been serving his duties to the best of his abilities. My
client states that he has been diligent while performing his duties and the same
was appreciated by the Company from time to time.
3. My client states that from 26th to 30th August 2019, the Brenntag Ingredients
(Thailand) Public Company Limited had organized a “Regional Supply Chain”
meeting at Bangkok for its employees across the globe. My client was invited
for the meeting and the Company assured that his travel, lodging and boarding
and other itineraries shall be taken care of by the Company on behalf of my
client. The Company even further assured that any expenses incurred by my
client shall be immediately reimbursed by the Company upon his return.
4. Subsequently, all the formalities including Air-Tickets, Visa, Lodging and

others were booked on behalf of my client by the Company and during such
process the Company, time and again requested my client to execute and sign
several documents and forms. My client states that he was also informed by the
Company that as per the Company’s policies, the Company would require an
blanket undertaking from my client prior to the attendance to the meeting at
Bangkok and further informed that the Company has drafted and prepared an
Letter of Undertaking on my client’s behalf incorporating its averments and
requirements.
5. My client states that as per the aforesaid Letter of Undertaking, the Company
had obliged him to unconditionally serve the Company for a period of at least
12 months from completion of such meeting and further bound my client to pay
a sum of Rs. 1,50,000/- as reimbursement of costs incurred by the Company
towards the said meeting without any objections whatsoever in this regards at
any point in time, in the event my client. My client states that he requested the
Company to present his format of undertaking however, the Company assured
that this Letter of Undertaking is required only for internal purpose. My client
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states that since the Company had arranged his meeting, he executed such
Letter of Undertaking. It shall be important to note here that the said Letter of
Undertaking expressly mentions for the event of any “training” acquired by
employees in due course of his employment and not for any meetings.
Furthermore the said letter of undertaking is undated, un-registered and not
notarized by my client.
6. Thereafter, my client visited Bangkok and attended the required meeting to for
and on behalf of the Company. During his visit, my client incurred a total
expense of Rs. 26,000/- (Rupees Twenty Six Thousand only) on behalf of the
Company and upon his return he raised vouchers to that effect. The Account
department of the Company assured that the aforesaid Rs. 26,000/- shall be
reimbursed to him.
7. In the month of May 2020, my client was informed that on account of the
Covid-19 Pandemic situation in the Nation, the Company is laying off several
employees from their post including my client. My client was further instructed
that in the event he wishes not to be terminated, he may opt for an option to
voluntary resign from the post as this would have a different impact on his
future employments and also would make him entitled for salary during notice
period.
8. Accordingly on 29.05.2020, my client proposed to resign from his job as a

Warehouse Manager in the Company and addressed an email dated 29.05.2020
to the Company. The said resignation was duly accepted by the Company on
the same day i.e. 29.05.2020 and my client was informed that the HR
department shall communicated with him for the formalities. As per the
Company’s policies, my client was required to serve notice period for ____
months/days and pursuant thereto full and final settlement shall be paid to my
client including any dues and balance leaves, if pending. My client states that
as on 29.05.020, the total outstanding payable by the Company to him was
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amounting to Rs. 49,606/- (Rupees Forty Nine Thousand Six Hundred and Six
Only)
9. On 03.06.2020, my client was completely shocked and utterly surprised to

learn that instead of paying the aforesaid dues of Rs. 49,606/- the Company
demanded a recovery of amount of Rs. 1,00,394/- on the basis of the
abovementioned Letter of Undertaking. The Company further instructed my
client to credit Rs. 1,00,394/- to his avail letter of experience. The Company
unilaterally adjusted and set off the outstanding dues from my client to the
bond amount and arrived at such unreasonable amount.
10. On 05.07.2020, my client addressed an email to Murzello Elliot thereby stating

that the Company while computing the full and final settlement amount failed
to take into consideration (1) notice period salary and (2) pending leaves
encashment. On 06.07.2020, my client was categorically informed by an email
from Ms. Nidhi Verma thereby expressly stating that waiving off/adjusting
leave against notice is at the Company’s discretion. My client states that it was
now clear to him that instead of terminating, the Company lured him into
resigning in order to evade from their liabilities. My client raised his grievances
with the Company heads and requested not to combine and set off dues as he is
facing financial difficulties, however all his efforts were in vain as the
Company completely went deaf ears to his requests. My client repeatedly and
regularly addressed the Company to clear off his outstanding as he had incurred
expenses on behalf of the Company. Despite his requests, the Company failed
to consider the same.
11. On 23.04.2021, my client received a legal notice to recover the outstanding

dues of Rs. 1,00,394/- on the basis of letter of undertaking.
12. At the outset, it is pertinent to mention here that the Company HR department
has concealed the abovementioned material facts for getting this false and
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frivolous notice issued against my client. Moreover, my client also, at the

outset, denies each and every averment made by your client in the notice under
reply save and except what has been specifically admitted herein below.
13. With respect to the un-numbered paragraphs in the legal notice the entire
contents of the said notice are denied in toto unless expressly admitted. It is
important to note here that my client had attended a “Regional Supply Chain”
meeting at Bangkok on behalf of the Company. Thus, my client was acting in
the course of his employment and under instructions of the Company. Any
expenses incurred by my client on behalf of the Company has to be reimbursed
as the same is guided by the “Principal – Agent” relationship. Furthermore, the
letter of undertaking is in respect of any training or skill acquired by my client,
since my client had only attended meeting and not any training programme, the
said letter of undertaking is not applicable to him. It shall also be important to
note here that the letter of undertaking was drafted, prepared and printed out by
the Company and my client was instructed to sign it without any modification.
Upon perusal it can be observed very evidently that the same is undated, un-
registered and not notorized thus, the same is not admissible under any law.
14. In the light of the aforesaid facts and circumstances, it is abundantly clear that
the Company had firstly lured my client into resigning from his job rather than
terminating him in order to avoid its liabilities and secondly in the guise of
impugned letter of undertaking the Company is evading from its liabilities due
and payable to my client to the tune of Rs. 49,606/- (Rupees Forty Nine
Thousand Six Hundred and Six Only). My client has faced immense trouble
and harassment from the Company due to such dishonest approach for which
the Company is solely responsible.
15. Therefore, you are, requested to call upon the HR Department who instructed
you to issue legal notice against my client to immediately withdraw the above
said notice against my client. You are further called upon to immediately pay a
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sum of Rs. 49,606/- (Rupees Forty Nine Thousand Six Hundred and Six Only)
to my client failing which my client shall be constrained to initiate the
appropriate legal proceedings as he may be advised from time to time and also
to defend if need arises at the cost and consequences of your client.
Sincerely
Rahul R. KapurAdvocate

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1

RAHUL R. KAPUR c/o. icl advocates

24th April, 2021

Ref: Your legal notice dated 23.04.2021

The true facts pertaining to the present matter may be noted.

4. Subsequently, all the formalities including Air-Tickets, Visa, Lodging and

8. Accordingly on 29.05.2020, my client proposed to resign from his job as a

9. On 03.06.2020, my client was completely shocked and utterly surprised to

10. On 05.07.2020, my client addressed an email to Murzello Elliot thereby stating

11. On 23.04.2021, my client received a legal notice to recover the outstanding

frivolous notice issued against my client. Moreover, my client also, at the

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