CHIEF EXECUTIVE
ARY PROPERTIES
ARY RESIDENTIA

ROOM NO. 105 SIDDIQUE
TRADE CENTRE, MAIN
BOULEVARD GULBERG
LAHORE.

Dear Sir,
Being so desired by Mr. Asghar Hamid Bhutta S/o Late Dr. Nawab-ud-din resident of 7 friends Colony Bhutta House Multan Road Lahore (hereinafter referred to as Our Client) we hereby serve you with the legal notice to the following effect:-

1. That in the year 2004 you advertised through various means of media about the launching of a project of multistory buildings, consisting of studio one and two bed apartments, influenced by Spanish architect with the name of ARY Residentia in the midst of Spanish neighbor hood at the International City Dubai UAE. Your widely publicized broachers contained the details of the building alongwith an offer to guarantee by you the annual rental income if the management of the purchased property be entrusted to you.

2. That being allured by such an attractive offer many people, including our client in Pakistan visited your fully furnished westernized office administered by well dressed youngsters for early booking of the flats and shops etc. as you had offered the bargain on the principle of first come first served.

3. That the booking form which was handed over to our client contained a special clause as to whether the booked flat shall be through self management or ARY Properties Management Agreement .Our client booked two flats on 02-07-04 by payment of Rs. 3, 62,250/- for each flat totaling Rs. 7,24,500/- and accepted the management of the flats through you. Booking of the flats was made through one of your authorized Sales Executive Mr. Faheem who at the time of booking explained the details of the sale price and mode of payments by giving the schedule of payments to be made by mentioning the booking price. It was specifically stipulated and agreed that at the time of booking our client shall deposit Rs. 3, 62,250/- for each flat and thereafter the payment 30% of the balance price shall be made through 11 monthly installments of Rs. 98,370/-each. Remaining 70% of the sale price was to be invested by you entitling you to manage the flats i.e. to receive rentals and make payments of the 70% of the balance sale price from such rent proceeds.

4. That after payment of Rs. 7, 24,500/- against cheque No. 11947617 and 11947618 Drawn on The Bank of Punjab two flats Nos. RB5-209-T5-217 &. RB5-208-T5-219 on second floor of ARY Residentia Dubai UAE were allotted to our client vide allotment letters dated 21-07-04.

5. That after receipt of allotment letters dated 21-07-04 from you our client offered payment of 1st monthly installment through cheques to you giving therein all the details but surprisingly your Accounts Department refused to accept the cheques on the pretext that much details had been given in the cheques i.e. Ary Properties and details of flats booked by our client. Our client protested and requested the immediate refund of the monies already received by you which you refused therefore our client was obliged to take up the matter with your Mr. Islam Ellahi, Mr. Shaukat Quraishi( Karachi) and Mr. Iqbal (London) The Chief executive ARY Properties . The reasons for non acceptance of the cheque as explained by all above concerned was that the cheques were in the name of ARY Properties whereas your company was maintaining the accounts in the personal name of Mr. Abdul Raza Yaqoob (ARY) therefore the name of ARY Properties be changed to ARY only.

6. That since our client had already invested huge amounts at the time of booking therefore he had no other option except to score out the word Properties written in the cheque which was accepted under the written requested letter dated 07-02-2004 by your company which was received on the orders of Mr. Shaukat Quraishi who happened to be a Banker and Advisor of your company. Copy of the letter dated 07-02-04 is annexed.

7. That the above scenario created in the mind of our client therefore once again he showed his fears and doubts to Mr. Iqbal Yaqoob telephonically in London being the incharge of ARY Properties. Our client pointed out that such like arrangement i.e. the receipt of Pak Rupees from the prospective buyers in Pakistan and shifting of the same to Dubai for on ward payment to the constructors of the flats amounts to Money Laundering or siphoning of money from Pakistan. Mr. Iqbal assured our client that he had already a meeting with Prime Minister of Pakistan and explained him all the arrangements to which he had agreed on the pretext that the rents so received by the ARY Properties Management in Pakistan shall be repatriated to Pakistan in foreign exchange thus the arrangements were in the best interest of the country and there was nothing illegal or illegitimate to be feared of.

8. That on such assurance our client regularly paid the balance amount by eleven monthly installments in terms of the agreement dated 02-07-04. on completion of the terms of the contract you on 20-09-05 again demanded a sum of Rs. 1, 30,070/- as registration fee etc. for each flat and also handed over draft of certain documents i.e. Special Power of Attorney for execution by our client in favor of Mr. Abdul Razaq Yaqoob and Mr. M. Iqbal Yaqoob for the management of the flats booked and purchased by our client. Our client seriously objected to such an irregular and illegal arrangement. However you again turned a deaf ear to the objection of our client and in order to save the previously invested amount our client was forced to sign the same on fictitious and blank stamp papers under un due influence, being in the capacity of having bargaining power.

9. That despite fulfillment of all your un called for formalities instead of issuance of a formal possession letter; to the utter surprise of our client you in utter violation of the agreement with our client sent a letter dated 26-07-06 along with some illegitimate agreement entered in to between yourself and NAB and called upon for payment of balance amount of 70% according to the schedule given therein. This letter of yours was a real shock for our client as he never knew that NAB Authorities had taken cognizance of the matter either Suo Moto or upon some reference and your Chief Executive had entered in to some agreement which on the face of it appears to be fake one as the identity of some of the signatories is un identifiable.

10. That our client seriously protested with you, resultantly Mr. Yaqoob Iqbal S/o Mr. Muhammad Iqbal Yaqoob had a telephonic conversation with our client from his mobile number 03008219738 requesting him to visit Karachi and settle the matter, which our client declined. On refusal by our client to visit Karachi Mr. Yaqoob Iqbal came over to Lahore and had a detailed discussion on a dinner hosted by our client. Mr. Yaqoob Iqbal assured our client that within three months either our client shall be reimbursed double the amount of 30% advance already received by you out of the total price of the flats alongwith the registration charges etc. or alternatively our client shall be paying 70% of the booked price within a month from the date of the offer for the possession of the flat , but till today neither our client has received any money from you as promised nor the possession letter alongwith the request letter calling upon our client to make the balance payment of 70% of the total price of the flat as suggested by Mr. Yaqoob Iqbal & agreed by our client.

11. That recently our client has been reported by some of his clients and also the allotee of the flats that in utter violation of the agreement between you and our client you have advertised through the electronic media that if the Allotees failed to deposit balance 70% price without possession of the flat you shall unilaterally cancel the allotted flats as per some new compromise arrived between NAB and ARY Properties of which neither our client is a party nor he has got any knowledge about the same.

In view of the above circumstances we call upon you that you may kindly intimate our client to take over the possession of the flat within 15 days from the receipt of the balance amount of each flat otherwise we have got definite instruction to proceed against you for redress of all or any of grievances of our client from court of law having the jurisdiction where the agreement of sale was signed by both the parties which is admittedly Lahore.

A copy of this notice has been retained in our chamber for further necessary action.

Thanking you
Yours faith fully

For

A.H BHUTTA & CO.
Advocates & Consultants

C.C : Mr. Asghar Hamid Bhutta Advocate Supreme Court of Pakistan 7 friends Colony Bhutta House Multan Road Bhulla Stop Lahore.