C8 The bad and the worse

Aastha requests her uncle to continue paying interest regarding the loan amount which was being continued since 2001, pursuant to the minutes of the meeting dated 31st January 2001 or in default, to repay the entire loan amount kept with the firm, of which he was the only remaining partner. Thereafter, she sent a letter dated 26th December 2009 demanding the interest or in default, the principal loan amount to which he replied on 21st January 2010, denying her lawful claim. Despite repeated requests and a series of correspondence, he refused to make payment of the lawful claim, along with the further interest which had/has accrued on the said sum. In view of such non-payment of the requested amount, he was in complete derogation to the material terms of the deed of retirement and in view of the existence of the Arbitration Clause in the said Agreement; the dispute was referred to arbitration. Thereafter, an arbitrator was appointed by the court by an order dated 14th January 2011. The Court specified a time limit within which the arbitrator was directed to conclude the proceedings. The Arbitrator called upon the parties to the said proceedings for a meeting. Parties filed their respective pleadings. Her uncle filed its Statement of Defence in the said matter on 16th May 2011. However, he last appeared in the said proceedings on 20th May 2011 and thereafter, did not appear on the next date despite having notice of the same, or at any point of time thereafter. The arbitrator proceeded in the said matter ex parte and finally on 27th June 2011 passed a reasoned award and communicated to the parties by its letter dated 1st July 2011. In the said award, the Arbitrator had held that the Petitioner (Aastha's father) was entitled to recover Rs. 20, 15, 063/- along with Rs. 3, 42, 561/- towards interest till March 31, 2011 and further interest @ 12% per annum since April 2011 till the realization of the entire awarded sum.

Her uncle challenged the said award dated 27th June 2011 because the award was passed ex parte in his absence at the arbitration meeting. Aastha recollects how she came to know from an astrologer that her uncle had done some black magic so that the whole process of litigation is delayed and they continue to suffer financially, emotionally and psychologically.

She recollects how she had to leave the city alongwith her family to save themselves from complete devastation.

There were other reasons attached to the relocation. One of which was that after the litigation, the lives of the family members were also in danger, as predicted by an astrologer.

She recollects how her sister Harlyn cried before her.

"I don't want to leave. Isn't there any other way out, di?" cried Harlyn.

"We will have to leave. Our uncle has created enough problems for us. Relocating to Ahmedabad is a fresh beginning for all of us. It is a matter of concern for our security as well".

"Security? But why? And from whom?" queried Harlyn

"Security against our uncle's threatened attacks. It could be anything ranging from financial threat to threat of our lives. He could do anything to injure us. We must be careful. Now hurry," saying so, I hurried to the room to pack my bags.

Aastha recollected how she and her family reached Ahmedabad on 1st August 2011 and found temporary accommodation at her maternal aunt's home for fifteen days.

Settling for a small house didn't come easy. While her family was grappling with the ongoing difficulties, she proceeded to Mumbai to find a job. She knew she had by now become a part of the crowd in Mumbai and finding herself there again would be another experience. She joined a law firm near the stock market in Dalal Street. Four hours of travelling every day was a menace, but the thrill of job kept her going. Meanwhile, her parents struggled in Ahmedabad to put things back on track. The stay at Ahmedabad was brief.

On 3rd November 2011, Aastha and her family had to leave for Kolkata to save their property from being forcefully acquired by her uncle. He could go to any extent to cause harm to them. While her parents left for Kolkata from Ahmedabad, she left from Mumbai. All met their fate in Kolkata.

Her family partitioned their property, comprising two flats. They were now ready to give out one flat for rent. This was the only source of income for them. It took them a month to freeze on someone and they allowed a family to stay on their property. They shifted to their small flat next door for 3 years.

She recollects how she bravely secured her family by filing a police complaint against her uncle on the ground that he has committed offences u/s 34/120B/417/418/420/423 of Indian Penal Code and that he must be punished. In the said case, no investigation commenced for a long time and after a few months, it surfaced that her uncle had bribed the officer in charge to delay the case. During the pendency of the complaint, she convinced her parents, particularly her mother so that she may leave for Delhi. She recollects how she was unsure about qualifying for the interview and get the job for which she was being called to Delhi or will have to return to Kolkata empty handed. She took the opportunity and left for Delhi. It was her first visit to Delhi. Her aunt arranged for her accommodation.

At the interview, they asked her to read a brief of the ongoing case which was pending disposal at the High Court. While reading through the brief, she was frank enough to point out the errors in the legal draft. She got the job. Interestingly, the firm had employed associates through references. She recollects how she was the only one who was selected based on merit.

Her work in the firm M/s. Bale and Co. pertained to drafting pleadings and appearing in matters pertaining to consumer and labour laws at various courts throughout Delhi, preparing various legal opinions, drafting agreements and handling matters pertaining to various other civil laws etc. On the social front, she attended and took part in various conferences pertaining to legal issues which were usually attended and addressed by legal luminaries and highly influential people like Judges of High Court and Supreme Court, known lawyers of the country, ministers etc…

Within six months, she was constrained to decide on whether to leave the job or continue with her job. She was prompted by the urge to fulfil her dream of becoming a civil services Officer. Her dream was the sole reason for her to come to Delhi, which she never let out to anyone.

She resigned from the job as she couldn't prepare for the exam properly. However, financial difficulties forced her to join another firm M/s. Ranjan and Associates, which was headed by a senior advocate, Mr. Rajesh Ranjan, where her stay was for 3 months. She appeared before judges for various cases in many courts all over Delhi. However, this was not what she wanted to pursue. It was during this period that many urged her to prepare for Judicial Services Examination. However, she wanted to join a coaching Institute for preparation for civil services. It was her fourth and last attempt for which she needed some guidance.