styled as M/s Vivaan Fashion Pvt. Ltd.(VFPL). The FIR has been lodged by Sachin Malhotra describing himself as proprietor of M/s Balaji Traders doing business from premises in Krishna Nagar, Delhi. It is his allegation that in December, 2012 he was contacted by one Mr. Mihir Somaiya, senior official of VFPL and thereafter, through him, by Mr. Rakesh Modi, CEO and the petitioners herein. It is alleged by him that he was told that VFPL deals in garments under the brand name of "SEPIA". It is alleged by him that he was induced to join retail business of the said garments under the brand name of SEPIA as a franchisee of the company VFPL, by the said official Mr. Mihir Somaiya and CEO Mr. Rakesh Modi, the petitioners later introduced having also given assurances in the context of such franchisee being lucrative business. Formal business arrangement between VFPL and the complainant is stated to have been entered upon through execution of franchisee agreement and pursuant to the said contract, the complainant claims to have deposited Rs. 8 lakhs with the company. It is alleged that there was shortage of supply of items by VFPL and when he asked for more stocks he was told that the same could be provided if some liquid funds were made available and pursuant to this he had given Rs. 25 lakhs in cash without any documentation. The prime grievance raised in the FIR is that the company VFPL had failed to honour its promise of assured return of Rs. 2.85 lakhs per month, the first cheque of assured liability towards the complainant having been given in the sum of Rs. 7.83 lakhs only after protests. It is alleged by him that in September, 2013 when he visited the office of VFPL in Mumbai, the petitioners herein used abusive and threatening language and had given to him a documenf in the nature of BAIL APPLN. 125-26/2018 page 2 of 4 ^
