Mr Jeetu |
The High Court Commercial Division ordered the auction of the debtor's
shares last month to recover the money he owed Incar Tanzania.
In his ruling, Judge Robert Makaramba, ordered the sale of the shares
to recover a principal of USD 150,469 plus interest that accumulated to USD
203,888.19 or (326.22m/-).
The shares, 50 and 20,000 of Mr Jeetu in Noble Tanzania and Noble
Azania Investment, respectivelly, were supposed to be auctioned by MEM
Auctioneers and General Brokers on Sunday, May 27, at a public auction.
However, two days before the shares were auctioned, the debtor, through
Kesaria and Company Advocates filed a settlement claim after their client paid
USD 120,000 and said the remaining balance should be paid before last month.
"In the event of the judgment debtor default, failure or neglect
to pay the balance... we shall request your
honourable court to issue another proclamation for the sale of debtor's
shares by public auction," the law firm said.
In March 2010, Mr Patel, alias Jayantkumar Chandubhai Patel, contracted
a loan of USD 150,469 from Incar Tanzania agreeing to settle at 10 per cent
interest rate. The loan tenure was six months.
The agreement stipulates also an appointment of an arbitrator and
imposition of 5 per cent extra interest in case of default. According to the
case proceeding documents, the debtor failed to honour the obligation that
warranted the appointment of an arbitrator.
Mr Ramesh Patel was appointed the sole arbitrator last August and his
service cost 10m/-, slapped on the debtor's case bill. Despite the arbitrator
effort to persuade the loan defaulter to settle the said amount, Mr Patel
failed to pay, forcing the court to rule in favour of the lender.
In 2008, Mr Patel was among 25 suspects implicated in the External
Payments Account (EPA) scandal involving the siphoning of US$133 million (about
212.8bn/-) from the government coffer.
Under EPA cases, all suspects are not allowed to sell or moving their
assets until the completion of the matter before the court. Mr Patel is a
Director at Noble Azania Investments, a holding company of the group.
Source: The Daily News,http://dailynews.co.tz, reported by Abduel Elinaza
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