E A K I P L E V A I P L .: Mployees OF UTO Ashyap Ndia VT TD Mployees OF Olvo UTO Ndia VT TD
E A K I P L E V A I P L .: Mployees OF UTO Ashyap Ndia VT TD Mployees OF Olvo UTO Ndia VT TD
To,
Mr. Akshay Singh Sengar
Associate,
Argus Partners,
New Delhi
Respected Sir,
Following are the work done under your guidance. Kindly let me know if anything more is needed
to add or change apart from the Highlighted portions.
EMPLOYEES OF AUTO KASHYAP INDIA PVT LTD EMPLOYEES OF VOLVO AUTO INDIA PVT LTD.
Volume III
6.   Copy of Email dated 14-12-2016 sent   From: Anand Kashyap     With relation to the
     by Claimant to the Respondent         To: Rajeev Chauhan      meeting between the
     Pg. No: 480                           Cc: Tom Von             VAIPL and Auto
                                           Bonsdroff               Kashyap, held on 29th
                                           Rajeev chauhan          Nov 2016 , 9 more points
                                           Jyoti Malhotra          needed to be added to
                                           Shaji Mathew            the MoM. Also, Auto
                                           Prakash Mishra          Kashyap has never
                                           Nalin Jain              agreed to any decisions
                                                                   made by VAI on the
                                                                   matter of rejection of
                                                                   proposed sites and the
                                                                   reasons given for the
                                                                   termination of our dealer
                                                                   agreement.
7.   Copy of notice for termination of     From: Nalin Jain        The notice of
     Dealership agreement dated            (CFO) of VAIPL           termination is served by
     28.12.2016                                                     the VAIPL which
     Pg. No.: 481                          To: Anand                supersedes all prior
                                           Kashyap(director) of     communications
                                           Auto Kashyap India       through all means
                                           Private Ltd.             between the parties. All
                                                                    the duties, liabilities,
                                                                    rights including
                                                                    outstanding dues shall
                                                                    be dealt according to the
                                                                    terms and conditions of
                                                                    the agreement. This
                                                                    section also attached
                                                                    annexure of Rules in
                                                                    relation to the period
                                                                    and consequences of the
                                                                    terminations.
8.   Email dated 21.01.2017 sent by the    From: Anand Kashyap      Rumor has been spread
     petitioner to Respondent no.1         To: Tom Von              about the closing
     Pg. No. 485                           Bonsdroff                down/already closed
                                           Cc: Parkash Mishra,      down of Auto Kashyap
                                           Jyoti Mishra, Rajeev     and same is being
                                           Chauhan                  tolerated and allowed by
                                           [21-01-2017]             the VAIPL. The request
                                                                    to take actions against it
                                                                    asap has been made by
                                                                    the Auto Kashyap.
     Reply to the said mail dated 23-01-   From: Tom Von            The allegations are
     2017 sent by the respondent no.1 to   Bonsdroff                untrue and testimony of
     the Petitioner                        To: Anand Kashyap        the same is the
     Pg. no.: 486                          Cc: Parkash Mishra,      advertisement of VAIPL
                                           Jyoti Malhotra, Rajeev   mentionaing Auto
                                           Chauhan                  Kashyap in the dealer
                                           [23-01-2017]             panel.
     The mail dated 24-01-2017 sent by     From: Anand Kashyap      The major issues of Auto
     respondent no.1 to the petitioner     To: Tom Von              Kashyap are that how
     along with attachments .              Bonsdroff                does Swede Auto know
     Pg. no.: 487                          Cc: Parkash Mishra,      the details of the
                                           Jyoti Malhotra, Rajeev   dealership agreement
                                           Chauhan                  between the VAIPL and
                                           [24-01-2017]             Auto Kashyap. The same
                                                                    should be between the
                                                                    two parties with no third
                                                                    member intervention.
                                                                    The second issue was
                                                                    service manager of
                                                                    SWEDE AUTO has
                                                                   informed the customer
                                                                   of Auto Kashyap that the
                                                                   latter has been closed
                                                                   down and attached the
                                                                   whatsapp chats of the
                                                                   same is attached.
9.    Copy of the legal notice dated 08-   From: Sh.Y.N            The legal notice contains
      02-2017 sent by Sh. Y.N Bhardwaj     (Bhardwaj counsel for   the endeavors of Auto
      counsel for the petitioner to the    the petitioner)         Kashyap dealers towards
      Respondent No.1 challenging the                              the market of the Volvo
      notice of termination dated 28-12-   To: Nalin Jain (Chief   since the dealer
      2016.                                Financial Officer of    agreement dated Oct 1,
      Pg . no.: 492                        Volvo Auto India        2009 has been signed.
                                           Private Limited)        The legal notice also
                                                                   mentions that
                                                                   termination of the dealer
                                                                   agreement is not based
                                                                   upon the valid reasons.
                                                                   The client has already
                                                                   shown his willingness to
                                                                   sign the lease agreement
                                                                   with the property but the
                                                                   Respondent intentionally
                                                                   delayed so that the
                                                                   deadline is crossed.
                                                                   Therefore, the
                                                                   termination letter dated
                                                                   28-12-2016 should be
                                                                   revoked and status quo
                                                                   should be maintained.
10.   Emails dated 11-02-2017 and 28-02-   From: Anand Kashyap     The Auto kashyap wants
      2017 sent by Petitioner to           To: Rajeev Chauhan      to maintain the status
      respondent no. 1 in relation to a    Cc: Jyoti Malhotra,     quo with VAIPL and
      request for a comfort letter for     Nalin Jain, Tom Von     requested not to appoint
      banks.                               Bonsdroff , Shaji       any dealer till 27th Dec
      Pg. no.: 500                         Mathew, Atul Arora      2017 and the Volvo
                                           [11-02-2017]            should keep discharging
                                                                   their obligations towards
                                                                   them as envisages in the
                                                                   dealer agreement.
11.   Email correspondence in relation to     From: Jyoti Malhotra    The meetings discussion
      invoicing of cars sold by petitioners   To: Anand Kashyap       will also include invoice
      to final customers                      Cc: Rajesh Bansal,      of the customer car.
      Pg. no: 503                             Ramesh Chanana,
                                              Rajeev Prakash
                                              Mishra.
                                              [19-04-2017]
24.   Copy of the order dated 02.08.2017 in   Auto Kashyap India     The parties have
      O.M.O.(I) (COMM) 252/2017 titled as     Pvt Ltd.               settled in terms of
      Auto Kashyap India Pvt Ltd v. Volvo     &                      clause A to D of the
      Auto India Pvt ltd & Ors                Volvo Auto India Pvt   minutes of the
      Pg No. : 635                            Ltd & Ors              meeting dated 28-07-
                                                                     2017 read with
                                                                     minutes of meetings
                                                                     dated 17-07-2017 and
                                                                     18-07-2017
                                                                     17-07-2017:
                                                                     i) VAI will provide a
                                                                     letter of comfort to
                                                                     Auto Kashyap
                                                                     ii) VAI clarified that
                                                                     marketing support
                                                                     was given to Auto
                                                                     Kashyap for Q1 of 2017
                                                                     but not in Q2 of 2017.
                                                                     iii) VAI as a consistent
                                                                     policy to all the
                                                                     dealers does not
                                                                     invoice cars on cash
                                                                     and carry which is
                                                                     against customer
                                                                     service.
                                                                     iv) next meeting on
                                                                     18-07-2017
                                                                     18-07-2017:
                                                                     Mutual agreements
                                                                     were made between
                                                                     the parties in order to
                                                                     initiate the business
                                                                     till the termination
                                                                     date of 27th Dec, 2017.
28-07-2017:
Clause A:
i)Revised Sales plan by
Auto Kashyap.
ii) overdue on account
of Demo Cars will be
cleared by Auto
Kashyap by 10/08/2017
Clause B:
i) VAI website will
include auto
Kashyap’s name as
Dealer till 27th Dec
2017
ii) Prorata Budget for
marketing Activity
will be allocated to
Auto Kashyap
iii) advertisement of
VAI will include Auto
Kashyap details.
Clause C:
Volvo may make
appropriate
instruction to the
SCANDIA MOTORS
in case allegations
proved true.
Clause D:
VAI and Auto Kashyap
will adjust their
mutual rights and
obligations according
to the Dealer
Agreement up to
December 27, 2017.