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premchand.p (manager)     12 August 2017

Breach of trust and agreement

Dear forum members

I  started a  business of growing flowers in a partnership with total of four partners including me.Let us say person A,B,C,and D. Owner of land is A and his son is B i am C and last partner is D.Agreement was made wherein A and B will invest their land and all the money and work , involved ,will be done by C and D. The profit was to share between all the four.Unfortunately D could not continue due to personnel reasons and i settled all the money he invested and was let out of the partenrship with a new deed with the same conditions.. now i am the only investor and and i invested around 30 L for growing flowers, exactly at the yeild time A and B started demanding money for their personnel use ( i used to give small amounts up to 1 lakh) but now they demanded 5 L ,i refused to pay and they started putting pressure by creating small and silly problems last year.( don t use this road, do not cut the branches , not to use toilets for workers) i said i cannot continue like this i ll take all i invested. They started threatening me that i should leave everything i put,and walk away.they even threatened not to come near the land . i could not do it, so i approached my senior wellwisher who is also a businessman to talk to them. He talked and said we will clear it out like adults to A. ( the conversations were recorded ). A broke the lock of the gate at the business premises and put his own lock for not allowing me get in. A  went to police station and complained against me that i am planning to grab his land using my friend . Police enquired about the issue and concluded this can be cleared only by court not in police station . After A did so much drama P0lice took in writing that A would see in court and i should reply to him accordingly. Now B started harrassing me about the business that show all the bills and reciepts that i invested in the land. (I have all the bills and vouchers.), i replied him that come with a court order i would oblige accordingly. Now everyday he sends mail to me putting deadlines for all the business activities ( he never asked anything for last two years ). Every month for last two years i would give  A  list of  all the expense and sales and i took acknowledgement from him.

Now the issue is i cannot continue the business because of this pressure from them putting allegations.

I am not able to take the things i put in the agricultural land.

can i sue them for the amount i invested.( agreement was for 18 years and only 3 years passed )

I asked them to settle out of court but they do not want to come for disscussion.

i do not want to simply drag the issue. i am planning to put a case .

 

 



Learning

 9 Replies

Kumar Doab (FIN)     12 August 2017

Dear LCI Querist @ Mr.premchand.p

Hope you shall take it positivley.

You could have bought land for the moeny that you invested and did your own business;Solo...

Partenership also has its own hazards.........

Best is settle out of court.

Kumar Doab (FIN)     12 August 2017

Or approach a local very able senior counsel of unshakable repute and integrity specializing in such matters and having successfully contested such matters and spend some quality time with counsel with all docs,bills,evidences on record.................for a considered opinion...

 

Discuss propspects of injunction on sale of land and interim relief to collect the fragile produce that can perish and to sell..............

premchand.p (manager)     13 August 2017

Dear Mr. Kumar Doab

As you said i could have bought my own land with a little more money.

After all this happening i regret my decision. 

failures aside, first i wanted to settle out of court so i took an influential person to talk to A . He smoothly avoided and went to police station and gave a complain that we both are trying to grab his land. But police after discussion with me and Mr. A , found that he was cooking up stories and said him to see  the issue in court, and took the same in writing. At present Mr. A ' s son B is sending me emails daily , asking for the bills of everything. and he s diverting the topic by saying i am incapable of doing busiess. 

So I contacted a lawyer and he sent a notice reg the issue to A and B , if he wants to settle this ,fine, or else we have to file a case.

the lawyer was talking about injuction of the land too .

I wanted to know on what grounds should i file a case to make it strong?

thank you in advance

 

Kumar Doab (FIN)     13 August 2017

Dear LCI Querist @ Mr. premchand.p,

It is nice to see that you seem to be satisfied with your own local lawyer that is guiding you.

The online discussions have its own limitations  and are not substitute ot in person consulations based on docs on records and facts of the matter and inputs given in person............

Your own local counsel shall build based on agreement and related facts and incidences....

The comodity that you are dealing in person is perishable...

It is felt that the canula's are to be plucked/cut/packed in time to avoid loss.

So try to get way out to tend to the crop and harvest and sell it....



 

premchand.p (manager)     14 August 2017

Dear Kumar Doab

Thank you for your suggestions. Hope my lawyer does a good job. and i ll keep the points reg the perishable items in mind. If u can send me any more points which would be helpful. 

thank you sir

Kumar Doab (FIN)     14 August 2017

In case you have apprehension about current lawyer, obtain second opinion from a local very able senior counsel of unshakable repute and integrity specializing in such matters and having successfully contested such matters……….

 

Otherwise also It has already been posted that online discussions have its own limitations!

Kumar Doab (FIN)     14 August 2017

You can inquire locally and also go thru cases contested successfully and won by local lawyer……

The local courts/HC website might be having option to search by advocates name…..

 

This is one of the best ways to inquire about credentials................

 

Also check on unshakable repute and integrity... 

premchand.p (manager)     04 September 2017

Dear sir

I had sent a lawyers notice to A and B which was returnd back saying DOOR LOCK. At present all the plants are drying up. And my lawyer says to file for recovery charges. And the partners are saying that i left the business reasoning INCAPABLE OF DOING BUSINESS. 

If i have to file for recovery what are the documents to be submitted in original bills (mostly in agriculture we dont have bills eg. bore well , wages etc )  .and if they wanted to prove my incapability how will they prove.

thankyou

 

 

premchand.p (manager)     26 October 2017

Dear sirs

As of now i have filed a recovery case of all the amount spent so far. stating they r not allowing me to do business always pestering for money. so now my doubt is

what all the allegations he might put to break my point

what all the documents to be shown at the time of trial

If he asks for the bills and reciepts i cannot get it all cos its agriculture and generally they don t give valid bills 

if anything else he might put on me to make the case weak please mention

thank you

 

 


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