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From, Date: 20/04/2021
Md Ashraf S/O Md Zafir
Polo Bags
13/25, Nainiappan street, Mannady
Chennai, Tamil Nadu- 600001
To,
The Inspector of Police
N3 Police station, Muthialpet
Mannady, Chennai-600001
Sub: Regarding property and business dispute of suitcase and bag manufacturing company since 2004 with my elder brother Md Hasarat as a joint family
Respected Madam,
I am Md Ashraf living in company premises 13/25 Nainiappan street, Mannady and doing business with my elder brother since 2004. The nature of the business is manufacturing and supplying suite case, trolley bags, college bags, school bags, compliments trolley and bags etc. There are my Mother, one sister who got married and my younger brother Md Akbar, My family is joint family and we use to do all the works and activities together and combined since our childhood.
I and Md Hasrat started a small manufacturing company in 2004 in which we all shared the needed basic capital amount a sum of Thirty thousand. I was working in my Mama company Nasir Ali from 10 month so he gave me 20 thousand and I invested this amount for establishing company, Elder brother had saved 10 thousand from his earning Hence we started company together.I and Hasrat did hard work to overcome the financial crises of the family. We struggled so much in first year, our company was about to die but at that time my mother’s brother namely Sajid Hussain, Nasir Ali, Md Basheer and Jakir Hussain my elder uncle’s son Taukir Alam and Md Arman as well as my mother’s sister’s son Tanveer Alam supported financially and physically as per their capability to make us stable in business because of my mother’s relation.
In 2005 we purchased mobile and we activated two SIM Card on my elder brother’s voter ID CARD because I was minor and was not having any document. Both the same card are still in use 9840922002 Md Hasrat using and 9840110892 I was using till 30th may 2019 but on that day my brother Hasrat stolen SIM CARD from my mobile when I was about to depart to hometown to take our mother to Bihar because she had got gallbladder surgery in Chennai few months back and she wanted to stay in hometown.
Our company in 2004 firstly was rented in seven wells nearby Murugan theatre then next year we moved to # 5/3 Amman Pakoda Lane, Seven Wells, Chennai 600001 with the name of H I P Style. In 2009 we opened another new company for manufacturing School bags, college bags Laptop bags namely company name Polo Bag rented in Appu Maistry street, Maskanchavadi, Mannady. Our all business work and activities was unregistered and mostly hidden from Govt. Tax Department.
By doing hard work and struggle we purchased one property in Old Washermenpet in Parthasarathy 5th street in 2012 in the sum of Fifty eight lakhs (58,000,00). At that time my younger brother Md Akbar was doing his schooling and he was minor. During summer holidays and free time he also use to get involve in work activity. At the time of registration we asked Md Hasrat to put my name and younger brother name Md Akbar then Hasrat said us that you do not have any bank account and any document like PAN card, Voter ID CARD you just turned 18 years so now we will make your document and open bank account and Akbar is minor and he also do not have any bank account. Further he said that we are buying this property a part of property value on loan so we will not be able to register this property with all three brothers. When you both get documents and bank account then we can add yours name. We use to trust Hasrat from our core because he is our elder brother and we use to believe in his word.
After 2014 we planned to move our suite case, trolley bag which was located #5/3 Amman Pakoda lane, Seven wells at the newly rented # 13/25, Nainiappan street, Mannady, Chennai- 600001. After few month we rented another portion of building and taken our bag company also here at the same time we started bag supply business from Mumbai also. As a result of mega business success we got an opportunity to buy another one more property as a free ground located Maduraivasal lane, Seven wells , Chennai in 2017, a sum of value Eighty lakh ( 80,000,00). This ground is now ready to stay ground floor and first floor building constructed by Bismi Builder, Mannady. Meanwhile we applied for GSTIN number and we tried to put all 3 brother name in GST but he said we will put our father name and my name but we insisted to put my anme as well as Akbar name but he convinced us and putted name as Jafir Mohamadhasarat registered on 01/07/2017 and got GST number 33BDDPM1016P1ZN. Before this property registration Hasrat said us that we will register this property on your name and Akbar name. We were doing our best in business, After few weeks when we asked that when we are planning for registration then he was silent and he was hiding something. At that time Akbar got angry we tried to clam down him but he repeatedly asked to Hasrat tell me when we will go to registrar office for registration then Hasrat said in fear to us that in fact before few weeks you had gone to Pondicherry for collection and Akbar was in hometown on that day seller party came to Chennai and they called me to do registration on the same day so I putted my name and my wife name in this property but don’t mind I am planning to sale Old washermenpet building and we will buy some another property or we will start business from China because buyer party are giving 80 lakhs but we want to sale it in 90 lakh. This amount will be enough for import business from China. If we buy new property then in that both of yours name will do register. After this incident Akbar said that I will not come back in this business till you sale that property or start business from China. Akbar started his own job and he use to be less active in this business. After this our mother got gall baladder stone and she went through laproscopic surgery in 2019 starting then eye operation. In the month of may she said that I want to go hometown because in june Eid festival is coming and I want to do Eid in Bihar.
I took mother to Bihar but unfortunately she was continuously facing health issue so my brother Hasrat said me to stay few months with mother then my Akbar brother said to look for getting marry because I was 29 years old and mom was in the need of some lady who can help her and take care of her. At that time I asked Hasrat if his wife can stay in hometown in Bihar with mother but he did not show his willing. Then we planned to build new home in hometown because I did not want to marry in old house so my brothers said me to start building house. In starting days Hasrat sent company money for house but he stopped and was sending very slowly so Akbar gave him a total sum of five lakh in cash time by time to send money for home construction. But he was delaying in sending money after that COVID-19 Started then I was stuck in Hometown and house was also incomplete. Akbar pushed me to complete home soon and he started looking for my marriage proposal because elder brother did not show interest for my marriage and when Akbar asked him to do his responsibility to get me marry then Hasrat abused him. Finally Akbar finalized my marriage proposal and I got married on 10th December 2020. In my marriage Akbar came on 26th November 2020 to do work and invite people for this occasion but elder brother did not came for marriage nor he sent money required for marriage spending. Finally I came back to Chennai on 28th of January 2021 in company premises 13/25 Nainiappan street, Mannady. When I saw the condition of the company I was totally upset because he had sold out more than 25 machines. Number of worker was only 5 and Godown at 3rd floor was totally vacant which was fully occupied approx value of the products was 90 lakhs which I had maintained in diary in the moth of may 2020.
On 29th January when I asked Hasrat to give my drivery license which was in godrej table in godown and I asked my activa then he started abusing me and bited by his mouth on my chest and hand thumb and beated me, He broke my eyeglass as well as tore my shirt. He thrown my bag outside and he said to get out of the company, I was shocked and I got angry then I asked better you divide our property and company as well as market then he abused me and said you there is nothing for you. I called to Akbar then he took me Stanley Hospital to get TT injection and got medicine. Stanley hospital made note of my injury and asked us to complain the same in nearby Police station. I gave one written complaint in N3 Police station with the subject of human bite, beating, and threat of murder if I ask my share from the property and business which we earned since 2004 as a partnership. Mr. Saravanan Sub- Inspector of police had investigated the matter and concluded saying that do not dare to beat Ashraf and Akbar and try to solve the property and business share division with your relatives mama and local businessman who is known. We tried our best to solve this problem with peace and respect because Hasrat is our brother and he is elder one.
We called a meeting with more than 25 people on 30th January 2021 but he did not came in meeting to solve the issue and he switched off his both mobile number from 2pm to 9pm. All 25 people had to go back after waiting more than 2 hours expecting that he will switch on mobile but he did not. We called meeting again on 31st of Janury 2021 and attended by more than 25 people. In meeting he revealed that Ashraf was as a worker in my company and I use to give him his salary sometimes once in 3 month and sometimes in 5 month but it was totally false because I am not as a worker but as an owner and trusting Hasrat because he is elder brother. All people said him that take one or two days and think he said I will think and tell you in next meeting. After this he did not respond properly when they called for what he thaught in 3 days.
We called another meeting but he did not came, On 7th February there were one meeting in that meeting conclusion came that to put my name in Seven wells building for its half value claim. In starting he was not agreeing but finally he agreed. Also give reasonable amount, machine and worker arrangement to start separate business, Finally It was agreed that my company will give me new 5 machine, 5 experienced worker, all the accessories used in manufacturing company and raw material for 200 set including different 7 size a total number of product can be ready is 1400. But he started lying and delaying in giving money for doing business. Meanwhile suddenly he said that I am going to hometown for mama’s daughter marriage. He went to Bihar dated 22nd February 2021. All people suggested to me and Akbar that to go hometown and try to sort out this issue, because it can be resolved in hometown Gram panchayat. Hasrat did not go to my own village but he stayed in wife’s village. My mother was severely suffering from foot thumb wound and also backpen because she fallen on ground from bed. Hasrat did not even came to visit our own mother in my hometown. We went to the village where he was staying to do meeting and had meeting with Gram head and with other people they said him to go own village and sort out share division in property and business with the help of all uncle’s mother and relatives but he did not followed their words. My village Gram panchayat sarpanch also called him many times by meeting and phone but he did not came to my village. He came back to Chennai on 23rd march 2021 but we came late because mother is not well and she needs to be taken care. On 14TH April I said to give my share otherwise I will not allow any product go out of the company then his wife beated me with chappal in the company street 13/25 Nainiappan street, Mannady in the presence of Hasrat but I did not wanted to fight with a lady. I gave written complaint on the same date in N3 Police station. On 15th April we went to police station and respected Madam P Malliga Inspector of Police looked in the complaint in detail and tried to bring a reasonable solution but Hasrat was ready to give fifty thousand out of more than 6 crore property then Inspector madam suggested me to go for legal process to claim full share in the whole property and business.
During my business since first day of the company I did not get any amount in the nature of salary even in one month because we were like business partner and my brother also use to tell the same. I did not gave a dress to my mother from my hand because we were having joint family and all the family financial affairs was in Hasarat hand, since he is my elder brother we use to treat him like guardian and trusted fully. I use to go for collecting due amount in the market and use to give full collected amount with count in the hand of Hasarat and I use to maintain one register for that as well which is with Hasarat now. I only use to take my pocket expenses like 100, 200 rs. as per the requirement and weekly 200- 300 amount to give for my food expenses in the canteen. Apart from pocket expenses and canteen fee I use to take some money from which 2-3 dress I use to buy annually. For your kind information I would like to bring it to you that whenever my uncle and panchayat people in meeting demanded to Hasarat that why you are not giving him his share or atleast you take 60 % and give to Ashraf 40% itself then he is telling that Ashraf was as a worker in my company then they asked question do you have any written paper that Ashraf was as a worker then Hasarat was silent because he is lying, then panchayat people and my relaties said him that infact your efforts in the company is not even 25% and Ashraf’s efforts, hard works are more than 75% with sincerity. Further more my question to Hasarat was that if I was a worker then I challenge you to bring any resister in which we use to maintain my debit/ credit amount then his dirty and cheating intention got exposed because there are not any register because we were like partnership but it was in word only that was because of my faith and trust in Hasarat but now he got exposed and he is not a trustworthy person. For your kind information, company premises rental agreement is made in the month of December 2015 and we know that rental agreement is mean to be valid for 11 month duration only otherwise it’s no more valid. Also, We came to know that Hasarat did not gave rent to building owner from last 2 years which reveals that his cheating and fraud character remains same with all surrounding people in his family and business circle. Now there are only 1500 product on-going production in the company premises and few machine are left out of 22 machine, I am staying in company premises as usual because I do not have any alternate place to stay since 2004 nor I have money to afford staying anywhere so I left it on the hand of court, Also, I am not allowing any product to move out because I am sure and having strong faith in our Judicial system that out of these current product and machine I will get half as my share but if he takes out then he will shut this current address company and it will also erase the proof of my involvement and partnership in the business because all the neighbor of my company knows the truth and also my company premises owner knows that I am as a partner to my brother in our Polo Bags company. As of now I am going to civil court for fighting and claiming my 50% share in our company and property. My legal advocate M. L Joseph is doing our legal process and he is going to claim 60% of the property and business as well as liquid cash from my company as my share. I kindly request you to co-operate in the process of legal fight for getting my rights.
Yours faithfully
Md Ashraf
13/25 2nd floor, Nainiappan street, Mannady, Chennai 600001
हम मकिया गांव और उसके आस पास घटित घटना को दिखाते हैं।
