As
land hassles stem the flow of NRI investment in Punjab, the Government
takes steps to ease the legal woes of expatriates.
WEB
ONLY FEATURES
The
rampant misuse of the Dalit Act in Uttar Pradesh has a larger malaise behind
it, writes India Today's Subhash Mishra UNDUE
ADVANTAGE
INDIA
TODAY CONCLAVE
The
Conclave concludes on a high note. Al Gore, Stanley Fischer and other world
leaders listen and are heard. Catch up on the highlights. Take
me to Conclave now
CARE
TODAY
INDIA
TODAY HINDI
CURRENT
ISSUE APRIL 21, 2003
SPORTS: CRICKET
Bad Form
Tendulkar is caught in a messy legal
battle with his former tax adviser over unsettled bills
By Sheela Raval
Cricket's
biggest and richest star Sachin Tendulkar is padding up for a new battle,
this time outside the cricket pitch. Aided by a team consisting of brother
Ajit, wife Anjali and a battery of legal personnel, he faces his former
tax adviser, Mumbai-based Madhav S. Bhatkhande, and his firm MSB &
Co. The new series is being played in three different battlefields.
The current innings is on at the Institute of
Chartered Accountants of India (ICAI), where Tendulkar had filed a complaint
against Bhatkhande in August 1999. Tendulkar had also lodged a separate
plea before the National Consumer Redressal of Disputes Commission (NCRDC)
in December 1999 for the refund of a loan he gave Bhatkhande and sought
punitive damages.
The legal battle was initiated in May 1999 when
MSB & Co-which handled Tendulkar's tax account from 1989 to 1997-moved
the Bombay High Court claiming that the cricketer owed it Rs 15.5 lakh
in unpaid bills, peanuts compared to the crores of rupees Tendulkar makes
each year.
For six years MSB & Co had advised Tendulkar
on his commercial ventures, vetted endorsement proposals and negotiated
with advertisers. Relations soured around 1995 when Tendulkar was in very
high demand for endorsements for the World Cup 1996. The CA firm says
it helped finalise Tendulkar's contracts with Philips and MRF as well
as the Rs 100-crore deal with WorldTel's Main Stream Holdings during a
15-month period extending till March 1996. Legal notices issued to Tendulkar
indicate that the firm had fixed a fee of Rs 42.5 lakh for consultancy
and drafting work but no bill was issued. Instead, Tendulkar gave a loan
of Rs 27 lakh in February 1996 to Bhatkhande's wife and an associate Sirish
Sohni. He paid another Rs 5 lakh in June 1996 while the CA firm repaid
Rs 5 lakh of the loan amount. The consultancy contract with the firm was
terminated in March 1997. A final bill for Rs 42.5 lakh, however, remained
unsettled. After several reminders and failed meetings to settle the balance
of Rs 15.5 lakh, MSB & Co filed a suit to recover its fees.
BLAME GAME
In 1996, MSB & Co fixes a Rs 42.5 lakh fee but
doesn't issue a bill to Tendulkar. Instead it takes a Rs 27-lakh loan.
In 1999 it sues him for not paying Rs 15.5 lakh for its services.
Tendulkar denies any such fee, says only Rs 5 lakh
of the loan repaid, seeks refund of the rest.
Tendulkar retaliated by approaching the ICAI and
charging Bhatkhande with "unprofessional conduct". In a seven-page
complaint, he alleged that he had given Rs 27 lakh as a loan to bail out
the CA who was in dire straits. On the WorldTel contract, the cricketer
held that Bhatkhande worked for just three months against his claim of
15 months and that he raised a huge bill of Rs 42.5 lakh to get out of
the liability of repaying the remaining loan of Rs 22 lakh. Bhatkhande,
on his part, argues that if there were unpaid loans against his name,
Tendulkar would not have paid him Rs 5 lakh after the dispute began. Most
of the drafting work was done by a solicitor, Vivek Shirolkar, appointed
by MSB & Co. He was paid Rs 1.5 lakh separately.
In his complaint to the ncrdc, Tendulkar sought
the remaining Rs 22 lakh of the loan amount with 24 per cent interest
per annum and demanded that the firm raise "realistic bills".
He also sought punitive damages of Rs 5 lakh from the CA. "Sachin
feels a sense of betrayal," says Tendulkar's lawyer Haresh Jagtiani.
"The fight is not for money but for principles."
In July 1997, Bhatkhande and Tendulkar had approached
G.G. Desai, a partner in the solicitor's firm Little & Co, to arbitrate
in the matter. Desai said the bills were "reasonable" considering
that the CA had spent close to 1,700 hours doing Tendulkar's accounts.
Interestingly, the bill includes consultation charges for advice on which
computer to instal and what car to buy.
Conceding that the cricketer had had a long innings
with the CA, Jagtiani says the Tendulkars feel there was a "misuse
of a relationship" by Bhatkhande. The CA counters by saying, "We
have done nothing wrong." The way the messy battle is shaping up,
Tendulkar might prefer facing Brett Lee or Glenn McGrath.