M.S.

OBEROI

M.S.OBEROI
LL.M.
Advocates & Legal

&ASSOCIATESB.Com.(H),
Consultants

Advocate

Chamber No. 817, Lawyers Chambers,

Dwarka Courts, New Delhi -75

Mobile No. 9899402401,9990011586 __________________________________________________________________

Ref.No.: STK/7/13

Dated:23.07.2013

SPEED POST/COURIER

To, Mr.Priyam Malhotra Priyam Malhotra Photography New Delhi

Sir, LEGAL NOTICE

MY

CLIENT

Parminder Shop

Singh

Pahwa Westend

c/oStudio Mall,

Kelly

Photography,

No.G-20,

District

Centre, Janak Puri, New Delhi-110058.

My client above named has retained me with instructions to serve you, as the above mentioned address, with notice to the following effect, which I hereby do by way of this legal notice as follows:

1.That my client is a professional photographer and is running his office with the name and style of STUDIO KELLY PHOTOGRAPHY at the above mentioned address.

2.That on 10.07.2013, my above named client has engaged a web developer/designer for designing/making a

website for his work profile, however, inadvertently, he added some photographs taken from Google website and placed it on the website of my client without the knowledge of my and client my about the source his of that

photographs

client

circulated

website

address on 11.07.2013.

3.That you noticee met my client on a wedding ceremony and took the contact details of my client for further business communication since you both belongs to same work field i.e. photography. when you noticee seen those photographs on the website of my client, you apprised my client that those photographs were

clicked/ shot by you as your company/firm is also engaged in the and same business/profession those photographs of are

photography

furthermore

under copyright of yours.

4.That my above named client got the knowledge of the said act done by his web designer when you Noticee sent an e-mail to my client on 22.07.2013 mentioning the said fact to him and moreover stating him to remove the said pictures from his website immediately and beware my client of severe consequences in the event of my client not removing those photographs.

5.That my client immediately on receiving the mail from your side and believing on the fact that the said photographs are your art and are copyright by you, replied to you by an apology mail mentioning you the fact that the said negligence was on the part of his web designer and not been done by him intentionally and further it is pertinent to mention herein that my client immediately gave instructions to his web

designer to remove the said photographs which clearly shows his bonafide.

6.That it is pertinent to mention herein that you took the apology and sincerity of my above named client as granted and placed/posted the said apology mail on

social networking sites with the malafide intention to defame the repute, goodwill and name of my client which he has earned in so many years in his field of photography work and art despite of the fact that the said mistake was on the part of the web designer of my client and not my client and my client has already felt apology for the same.

7.That

my

client

is

highly

respected

and

known

figure. My client is/was very successful and dutiful citizen of the country and has been regularly paying taxes and other dues to the society. It is needless to mention that public A my client in is highly reputed a and

respected social

figure large

Delhi

having of

large from

circle.

circle

people

different walks of life have high respect and regard for my client.

8.That you noticee being malafidely inclined towards the repute earned by my client by performing good creative work in the field of professional

photography , made up your

mind to defame and malign

my client so as to tarnish the image of him. Thus, with an ulterior agenda to defame the repute of my

clients spreading public

name

and

to

come

in

the

competition to the

by

misleading

information near

general friends,

which

includes

relatives,

business clients and other interested persons, you Noticee made defamatory, false and baseless

allegations against my client.

The allegations were

totally false, incorrect and rose mischievously and malafidely with sole purpose of defaming my client and maligning his reputation.

9.That such conduct on your part clearly shows that you with the hard feeling of competition and jealous with my client disrepute his name by intentionally posting the bonafide mistake of my client, making huge loss to the name and fame of my client, psychologically as well as monetarywhich he has earned through the

passage of time through hard work by burning and dedicating the considerable period of his life to his work.

10. That now when my client has reached a milestone in his work/profession field, you noticee dragged my

client downwards and placed him at the same stage where he wasat the initial stage of his professionand

ruined his name completelyand thereby caused gross, malicious and deliberate defamation of my client by a wholly false, unjustifiable and scandalous attack on the reputation of him publically.

11. That the allegations, imputation and acquisition made by you Noticee against my client are untrue. allegations and imputations stated in the The post

against my client are clearly false.

The same have

clearly the effect of defaming my client and lowering their reputation and esteem in the eyes of the nears and dears of my client. The allegations and false averments made by you Noticee were circulated/posted to expose my client to hatred, contempt, ridicule and to injure him in his capacity as a widely respected professional in photography art field.

12. That

the

said

false

allegations

and

claims

have

caused incalculable damage to the name and reputation of my client and have defamed him in the eyes of the public and right thinking people of the Society.

13. That it is moreover pertinent to mention herein that due to your malafide and ill-act of placing the

misconceived post on social website and giving him a new face by interpreting it in a wrong way with the ill-intention to damage the repute, fame and goodwill of my client, my client has lost all the recent

bookings and has become a matter of laughter in his friends and professional circle, due which has

suffered huge business loss from which it is very hard for him to recover in near future.

That against

as my

the client

allegations have

made my

by

you

Noticee immense

caused

client

mental agony, anguish and considerable embarrassment and annoyance and moreover the damage caused by you Noticee to my clients and name and reputation you are have under

incalculable committed

immense of

irreparable,

offence

defamation

punishable

section 499/500 of the Indian Penal Code and are liable for prosecution and conviction and also liable for compensation of damages caused to my client due to your defamatory post, I call upon you through this legal Notice to apologize publically to my clients and thereby on announcing the social publically/and sites declaring by posting your

apology

that

defamatory post (subject matter of the present legal notice) as false, fake and an illegal tactics to defame my client in in my the eyes of the interested and to pay

parties/persons

clients

group,

damages to the tune of Rs. 50,00,000/-(Rupees Fifty Lacs only), forthwith, else I have strict

instructions from my client to prosecute you under section 500 IPC and other provisions of law of land in appropriate courts of law entirely at your risks, costs and consequences. Copy kept for reference and action.

S/D (M.S. OBEROI) Advocate