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Cocealment Of Material Fact Leads To Business Diputes?

Powerful words of INDIRA GANDHI, "YOU CAN’T SHAKE HANDS WITH A CLENCHED FIST", no doubt would be considered so accurate in terms of Business dispute. Sometimes transparency is the key to overcome and avoid any dispute in a business.

A shoe company owned by Ms Alisha, hired an agent Ms. Tanya as Ms. Alisha resided in Mexico. MS. Tanya who worked for her Principle Debtor  (Ms. Alisha) started making customers for the shoe company. Later when Ms. Tanya observed that the company was making huge profits in very short span of time. Ms. Tanya being in need of sum of amount Rs. 25 lacs for her mother's surgery tried contacting Ms. Alisha but Ms. Alisha was out of reach due to some technical glitch. Ms. Tanya being in urgent need of money thought of filling her pockets with the higher rate of profit  Such thought crossed her mind as the commission received by the Principal debtor to her was relatively low as per the hard work and time she invested to lift the company.

She started grabbing the higher rate of profit into her pocket than usual amount she earned without informing the owner (Ms. Alisha). 

The company started facing huge losses and faced monetary deficit. Ms. Alisha after discovering about the losses her company was facing in India was traumatised and reached India to look into the matter. Ms. Alisha was depressed and did not realise that her behaviour with the employees was rude. Ms. Tanya noticing such rude behaviour of Ms. Alisha did not gather the courage to explain the need she altered the profit ratio.

Ms. Alisha when came to know about the scam done by Ms. Tanya, became mad at her. As the company was already facing huge losses and was drowning already, she didn't want to undergo any Court proceedings. She thought of firing Ms. Tanya but somehow she knew Tanya was the one agent who knew every hook and corner of the company's customer making tactics and on the other hand Ms. Tanya was in an urgent need of this job as her mother was unwell and needed monetary support for her check-up.

Ms. Alisha being on egoistic terms and demanded Ms. Tanya to pay off the amount she took through unfair means. Tanya wasn't in the stable position in terms of financial status to pay off the debts.

One of the employees who was on friendly terms with both Ms. Alisha and Ms. Tanya requested them to once seek help and aid from the Privatecourt to resolve the dispute. After so much discussion and arguments both of them agreed.

Privatecourt after hearing from both the parties tried fixing the issue. Privatecourt arranged meeting for them where both the parties were asked to speak and listen to each other. After deep discussion they were asked to enter into the contract where, Ms. Tanya was liable to fetch customers as many as possible and the repayment of the amount (Rs. 25 lacs) would be done accordingly. It was all because of privatecourt that such dispute was resolved in a calm way and the directions and aid thus, provided by the privatecourt was commendable. The resolution of the dispute was only possible with the support and help of the privatecourt.

By Saima Firdous

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