Re: Court Case

[deepak shetty]

Hi All,

Please be aware that the "court case" is applied to all the site owners & not just to president/secretary/teasurer. 

I've sold my site 7-8 years ago & resigned from my responsibily & so has President & Teasurer. 

So naming other site owners in the case will be the natural next step for whoever is fighting this.

I've heard there is a new association also. Not sure.

Also, please note that having a court summons, police cases, visiting police station etc affects all in many ways then we can think. Passport, Visa!!!

I would suggest, follow what Manjunath mentioned in the above emails. Try for an out-of court settlement.

Hire a lawyer,  ask for out-of court settlement, negotiate an amount, collect the same & close the matter.

or all of us have to fight this separately, with each having to pay lawyer, police et. al.

I've handed over all the documents to Roopnath.

Roopnath, sorry to bother you @ this time of your strife, but it'll be helpful to all the site-owners if you'd provide all the documents to Manjunath or somebody.

thanks

Deepak

On Tue, Jun 4, 2019 at 10:34 PM Manjunath E <askacsm...@yahoo.com> wrote:

Hi Deepak,

After you left, within a year I also resigned. The case has been filed by this guy much later but he mentioned all our names in the compliant.

By the way, it’s not our interest/intention to create a mess and bring this issue after 6/7 years of our exit. I cautioned both of you many times to terminate security contract officially as no plot owners are paying the maintenance money and we dried our cash in the bank but somehow, this was not done. 

Now, the situation is critical and we have only way out to go for settlement with the security agency.

Before that we need a signed contract to negotiate with them. Please share it if you have some copy by chance in your mail.

Sent from my iPhone

On 04-Jun-2019, at 9:25 PM, deepak shetty <deepaks...@gmail.com> wrote:

Hi Manjunath, Roopnath,

When I was the secretary I'd cleared all the bills for the security provided & maintained the account up to date.

I have handed over the bills, receipt, bank statement etc to Roopnath when I left. 

When I had left, i'd cancelled my secretaryship with the bank also, with an affidavit.

Provided the account details etc to Roopnath & you.

It's been 7-8 years since I sold the site & came out of the association.

This mess was created after I left, so request you not to drag me into this now.

Thanks

Deepak

On Mon 3 Jun, 2019, 11:14 PM Manjunath E, <askacsm...@yahoo.com> wrote:

Hi All,

No progress. Only Roopnath/Deepak having the agreements and they only knew Ramachandran of Esteem Security. Will have to meet and discuss asap. I am travelling to Switzerland by next week end and please let us know before that. The case may come up by next week end. 

Regards

Manjunath

On 03-Jun-2019, at 8:01 PM, Abhishek Suneja <abhishe...@gmail.com> wrote:

Hi Manjunath,

Any update?

Thanks

Abhishek

On Thu, May 30, 2019, 1:51 PM Abhishek Suneja <abhishe...@gmail.com> wrote:

Hi Manjunath and Roopnath, we are looking forward to both of you for the plan of action and I feel the first step is for all members to be at same level of understanding and hence please share the scan documents as requested in above email.

Also suggest call details or a place midway between electronic City and Whitefield to meet in person and discuss the matter asap.

Thanks

Abhishek

On Thu, May 30, 2019 at 11:00 AM Gaurang Upadhyaya <ugau...@gmail.com> wrote:

Good to see  that Mr. Roopnath and Manjunath had a call.

Can we all have a call and discuss the plan of action?

Can we get the scanned copy of the Summon(s), case, contracts, any other relevant documents & communications etc.?

Thanks.

Gaurang.

On Wed, May 29, 2019 at 8:23 PM Roopnath Banerjee <roopn...@rediffmail.com> wrote:

Spoke to Manjunath today. We can meet Mr Ramachandra and try to settle it out of court.

Roopnath


From: "Priya Ramanujam"priya.r...@gmail.com
Sent:Tue, 28 May 2019 22:15:36 +0530
To: Gaurang Upadhyaya ugau...@gmail.com
Cc: "Manjunath E"askacsm...@yahoo.com,"Roopnath Banerjee"roopn...@rediffmail.com,"deepak shetty"deepaks...@gmail.com,"Abhishek Suneja"abhishe...@gmail.com,sridh...@gmail.com
Subject: Re: Court Case

Manjunath,

Any updates on the plan ? 

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Roopnath sir,

I know you did your best to settle things with the Security agency when the problem popped up - did we have any success then ? 

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On Mon, May 27, 2019 at 8:58 AM Gaurang Upadhyaya <ugau...@gmail.com> wrote:

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Yes, this is very unfortunate. We initiated the association on good faith that the site owners will pay money to maintain the layout, but couldn't collect enough to retain even a single service of security agency!

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Manjunath, can you please share the copy of the summon?

Can we get more guidance from an expert advocate?

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I am not sure who is where at this point of time, but can we at least have a web call and talk about it?

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Thanks.

Gaurang

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On Mon, May 27, 2019 at 5:58 PM Priya Ramanujam <priya.r...@gmail.com> wrote:

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This is unfortunate !! 

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I know all of us in the association gave our best  and did not want any of this to happen. 

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As you suggested, we can talk to the security agency and look out for other options.

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I'm abroad and so cannot make it to meetings in person.  Pls let me know what the plans are. 

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Regards,

Priya

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On Mon, May 27, 2019, 2:52 AM Manjunath E <askacsm...@yahoo.com> wrote:

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Dear All, 

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Hope you remember me! Unfortunately, we are all served summons by the Mayo Hall Court in Bangalore for non-payment of security charges to M/s Esteem Security Agency by the Celebrity Lake view Residents Associations. 

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Status of the Case : Court issued the summons to all EC Members who is in the committee during the time of default to the Esteem Security Agency for non-payment of security charges for more than two years. Esteem Security claiming around 2.8 lacs + interest + court fee etc. Court has all our details including phone numbers, email address and resident address etc. But as of now, they issued all the summons to the address of the Celebrity Lake view Association which is happened to be my old rented house at Electronic City. The Police visited my old rented house asking for all EC members for delivering the court summons but my old landlord rejected them and in turn, he immediately called me and given the phone to the Police. I took time to respond to the police as of now. 

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My role as a President during that time when we had a healthy association:

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=> Took only high level decisions and never interfered in the treasury activities though I had a signing power. Only Deepak and Priya use to sign the cheques. I might have also signed few cheques during Priya's absence. 

=> I had given full authority to Secretary i.e Deepak to decide and issue the payments upon dues and collect the payments from the residents etc. I used to support Deepak on few residents collections.  

=> This agency M/s Esteem Security Agency is never known to me. Mr Roopnath only referred this guy and we all took the decision to appoint them. Only Deepak and Roopnath met them initially and they informed me that they will be going ahead to appoint them and even I agreed to do so. 

=> I remember Myself and Deepak signed the Contract with this Agency for the Security Services for the layout.     

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=> By the time I resigned from the post of President, the dues to the Agency is only around Rs 30000/- or less than Rs 50000/-. - I resigned somewhere in 2010 or 2011. 

 

I really thank all the EC members who supported each other during that time to keep association functions very professional and committed way. But somehow, we got into this issue now and I really thought that the future association might have resolved this issue amicably since amount was very small when I left the association. I surprised when I came to know the court case etc.  

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I really don't want to go into the deep and as of now,  we are getting into the critical phase of the legal battle. Unless we all take the anticipatory bails, likely there will be a arrests by the Police.  I just spoke to of one of my lawyer friend and the options available for us as follows...

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1. Go for the amicable settlement with the Esteem Security Agency. I don't know this guy personally. Only Roopnath knows them. We all need to meet him and convince for some amount and close the case.

2. Appoint a lawyer and fight the case. To do this, we need to take the anticipatory bails first and go for an appeal. Till we close the case, the costs for the lawyer and like bails etc may cost one or two lakhs. 

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My lawyer friend suggesting me that option 1 is the best since option 2 is really a waste of money and time for all of us.  

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Please let me know your views and feedback. In my opinion, we all should meet somewhere and decide the next course of action. As per summons, we all need to present the in the court somewhere during 8/9th June. Before that, please let me know your views. 

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@Deepak/Roopnath, I need the signed copy of the agreement executed with Esteem Agency. Can you please share it?

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Regards

Manjunath

9900000872

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[Priya Ramanujam]

We're we able to get in touch with the Security agency ? Does anybody have any updates ?