Challenging the Trustee of the Committee

May 14, 2013

Challenging the Trustee of the Committee
Our client was a member of a committee. It is like a scheme where members of the committee appoint a trustee to collect weekly or monthly instalments for the collection of pot. The committee select a trustee who will then ensure that the collection and repayment of monthly instalments to each member of the committee on turn every week or month. This committee is common in the Bangladesh, Indian and Pakistani Community.

The dispute arouse when a trustee of this committee decided that they will not pay one of its members nearly half of the pot. The member phoned the advisor when the advisor was about to open the Ramadan fast. The member informed the advisor that the police is outside their house to arrest them as the trustee has made a false complaint in relation to the committee. We spoke to police officers directly and explained to them that this is a civil matter and they should not get involved at all. Police left after a telephone discussion with our advisor.

Our client was then advised to file a civil claim to recover the debt. There were several inaccuracies in the defence filed by the trustee. Their advisers had no idea how to argue set-off. Their defence was that they were claiming set-off in relation to the jewellery was well out of time. During cross examination the judge came to a conclusion due to our extreme accurate skills of cross examination that there was a register maintained by the trustee which is a sort of contract between the members that was missing from the court’s bundle. The angle we took to prove our client’s case without the benefit of written documents shows that how good we are, obviously, it’s a God gifted skills to find the truth and accuracy.

Our cross examination and legal submission skills was emphatic which disclosed that the evidence presented by the trustee was concocted, inconclusive and unreliable. After trial was concluded, District Judge has literally quoted our legal and factual submissions in their judgement. Finally, we sent an email to the other side solicitor to inform them that our client has won the case because we were flabbergasted when they were wrongly arguing in their legal and factual submissions that the burden is on our client to show that they are entitled to recover the outstanding debt. However, District Judge clarified in their judgement that the trustee has to discharge the burden in order to successfully argue set-off.

We have once again crushed our opponents by the grace of almighty; and if you need our assistance to argue such outstanding debts then please call us today.

Client’s comment:

Javed has dealt with my case in a professional manner by reading and understanding such a complex case. Most importantly, he presented and executed it before the court. He made the District Judge follow each event in a sequential order. It was an amazing experience to watch him in action, the zeal and tenacity he carries when he fight for justice. He is indeed a fearless litigator. I have always won the cases when he acts for me.

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