Demand Notice - Titan Industries v. V G Enterprises

By Registered Post Acknowledgement Due and Contemporaneous
Courier
October [.]
2019
1) M/s V G Enterprises
M M Square, Plot No. 85,
Acrot Road, Brindahavan Garden,
Valsaravakkam,
Chennai – 600 087.
Tamil Nadu State.
2) Ms.G Vijitha,
C/o Ganamohan,
Bouganvilla Apartment, Door No.110,
Srinivasapuram, Gajalakshmi nagar,
Iyyapanthangal,
Chennai - 600 056.
Tamil Nadu State
Dear Ma’am,
Sub: Demand Notice
Ref: Legal Notice of Termination dated December 11, 2018
We write to you for and on behalf of our Client, M/s. Titan

Industries Limited, a Company incorporated under the Companies
Act 1956, having its registered office at No. 3, SIPCOT Industrial
Complex, Hosur - 635 126, Tamil Nadu State and corporate office
at Golden Enclave, Tower – A, H.A.L Airport Road, Bangalore – 560
017 (our “Client”). Pursuant to instructions from our Client we
hereby notify you as follows:
1. At the outset please be notified that the instant notice is

being issued without prejudice to the rights of our Client in
law.
2. As you are aware, our Client manufactures and sells
sunglasses, including prescription eye-wear and its allied
products and services. As you are aware, our Client markets
and sells the same throughout the country and for this
purpose, appoints franchisees. As you are aware, vide
Franchise Agreement dated April 25, 2011 (the
“Agreement”) our Client entered into a franchise
arrangement with V G Enterprises, a proprietorship concern
of Ms. G. Vijitha (“VG Enterprises”), for purposes elaborated
upon in the Agreement.
3. As you are aware, due to several defaults and breaches by V

G Enterprises as regards the Agreement, our Client
terminated the Agreement vide Legal Notice dated June 15,
2017 (the “Termination Notice”) and requested V G
Enterprises to and make good the amount due and hand over
the assets belonging to our Client on or before the June 27,
2017. As you are aware, on February 02, 2018 V G
Enterprises replied to the Termination Notice and sought
forty (40) days time to finalize the accounts and settle the
amount due to our Client. As you are aware however, on June
09, 2018 upon lapse of the forty (40) day period requested by
you to finalize the accounts and settle the amount due to our
Client, V G Enterprises issued an e-mail seeking another forty
five (45) days time to finalize the accounts and settle the
amount due to our Client. Please be notified that, despite our
Client’s bona fide act of granting V G Enterprises plentiful
time to settle the amount due, V G Enterprises has not settled
the same until date.
4. As you aware, as a final act of bona fide our Client issued a
detailed Legal Notice dated December 11, 2018 once again
calling upon V G Enterprises to repay the legally due amount
of Rs. 13,16,104/- (Rupees Thirteen Lakh Sixteen Thousand
One Hundred and Four only). Please be notified that, not only
has V G Enterprises failed to discharge its promises and
obligations as under law, but it has also consecutively
mislead our Client with fraudulent assurances of making
good the amount due. Please be notified that, since June 27,
2017 V G Enterprises has been cheating and dfraudulently
misleading our Client to believe that it would repay the
amount due to our Client, however it is clear at this juncture
that these assurances are mala fide tactics deployed by V G
Enterprises to waste our Client’s time and resources. Please
be notified that as such, the actions of V G Enterprises
amount to several offences under the Indian Penal Code,
1860.
5. Please be notified that, in view of the foregoing, the actions

and/or omissions of V G Enterprises have denied our Client
its valid entitlements. As such, you are liable to disburse to
our Client an amount to the tune Rs. 13,16,104/- (Rupees
Thirteen Lakh Sixteen Thousand One Hundred and Four only)
with an interest of 18% per annum starting from June 27,
2017 till the date of payment. Please be notified that in the
event of your failure to comply with the valid and legitimate
demands of our Client within 7 (seven) days from the date of
receipt of this notice, our Client will be constrained to initiate
legal action, both civil and criminal, against you, holding you
responsible for all the costs and consequences thereof.
Please be notified as above.
JSM Law Partners

Advocates
Joseph Anthony

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By Registered Post Acknowledgement Due and Contemporaneous

Sub: Demand Notice

Ref: Legal Notice of Termination dated December 11, 2018

We write to you for and on behalf of our Client, M/s. Titan

1. At the outset please be notified that the instant notice is

3. As you are aware, due to several defaults and breaches by V

5. Please be notified that, in view of the foregoing, the actions

JSM Law Partners

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