The Last Incarnation (Kalki Chronicles)

A break from the past

Turning the wheel of time, Samaira recollects her times. Despite being one of the toppers of the college scoring in first class, she failed to get a campus placement.

She visited an astrologer who predicted very difficult times ahead. The astrologer however, said that a new job is in the offing. "It is in Mumbai where she will find her solace," he exclaimed.

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In Mumbai, her struggle paved way for new experiences. She applied to various law firms in Mumbai and visited them for interviews. One such firm was the reputed Adam & Co. who specialized in domestic and international arbitrations and corporate practices. She was interviewed by a panel of five lawyers in a round table conference at the firm. Pursuant to the interview, she was asked to wait for their response. It was like an exam for which the results were awaited. She reminiscenced how on her way from Churchgate to Dadar Station, the local train stopped at Dadar for sometime where she met with a near death situation. The experience left the worst scar in her memories.

Before she could understand anything, she was pushed out of the train that was waiting for it's passengers. However, no one around her. A gush of air swept through her and she fell down when the train had just started off. By god's grace, she just received some bruises all over her face. Her spectacles broke. She was saved by an inch. Few ladies were horrified to see in such a condition. They took her phone and dialed her my maternal uncle's number. They called him to the station near their home so that he could escort her back home.

Soon before, she received a call from Adam & Co. who asked her to join them as an associate lawyer in their corporate department under Mrs. Jenny Gonsalves, which she readily agreed. She looks at the appointment letter and recollects how she worked with them.

Within few months of joining, she was given the task of managing certain arbitration projects and was promoted to the arbitration department of the Firm. She made many new friends at the office, one of whom advised her to chant Mahamrityunjaya japa, a Vedic hymn that would help her avoid accidents and evils of all sorts in Mumbai. She recollects further how at times, she would see visions of all sorts like that of an aks (demoniac spirit) standing in her neighbourhood hostel. She would often see a figurine wearing a white kurta pyjama across the sheltered window. It would disappear after sometime.

One of the most unfortunate events that occurred towards the end of the year 2008 was the Mumbai attacks. The 2008 Mumbai attacks (also referred to as 26/11) were a series of terrorist attacks that took place in November of 2008. The attacks, which drew widespread global condemnation, began on Wednesday 26 November and lasted until Saturday 29 November 2008. At the time, Samaira sitting at a food joint in the Churchgate subway with her friend, was planning to make a visit to Leopold Cafe. However, they chose to return to their hostel. At the hostel, they heard the news of a series of attacks beginning with Leopold Cafe. Eight of the attacks occurred in South Mumbai at Chhatrapati Shivaji Terminus, Mumbai Chabad House, The Oberoi Trident, The Taj Palace & Tower, Leopold Cafe, Cama Hospital, The Nariman House, the Metro Cinema, and in a lane behind the Times of India building and St. Xavier's College. The Cafe was attacked immediately after they left Churchgate for their hostel. Samaira considered herself fortunate to have reached the hostel before it all began. She was also witness to all the shooting that happened around the Metro Cinema.

In Mumbai, she resorted to alternative methods of earning money and approached a lady by the name of Bharani who ran a coaching Institute at her flat. Through teavhing, she gave her a thankful opportunity to earn a livelihood. Once, she gave Samaira, a pomegranate juice to drink. On being thirsty, Samaira drank some of it while some was kept by her for later use. That night, she developed a severe strain in the muscles of my stomach and couldn't sleep the whole night. She cried in pain and couldn't speak to her mom so that she might get disturbed. The next morning, she found some help through a neighbor who gave her some medicine to chew that helped relieve her pain. Her wealth and health were being seriously affected.

She receives the news in the year 2009, that her grandfather died his natural death at the hospital. Immediately thereupon she cancelled all her appointments at work and rushed to take a leave from the work. Her parents asked her to stay back in Mumbai till the time her uncle wanted.

Slowly things changed at work. Her seniors at the office started showing disrespect to her work. Her clientele got affected. She was not given new projects. The worst area to be afflicted was that of finances. In December 2009, heavy gossiping pressured her to leaving the office.

However, this was not the reason for leaving Mumbai. She had to leave Mumbai and the office because she had to file a case against her uncle who, immediately, took the advantage of my grandfather's death and sent a notice to us through a lawyer for getting the will probated. A 'will' was left behind by my grandfather, which was read in our absence and to our detriment.

Amidst chaos and confusion, she reached Kolkata. She had to leave a lucrative practice of over one and a half year.

To make problems worse for her, her uncle stopped release of their funds from the joint Hindu Undivided Family firm. She recollects how her parents were not happy to see her and wanted her to earn for the family while staying in Mumbai. There was no option left except to fight for the rights. Hence, she joined a firm in Kolkata where she would learn the 'ifs' and 'buts' of commercial litigation so as to enable her to file a case against her uncle. L &P Co. came to help.

At the firm, apart from learning all about commercial and corporate litigation, preparing various legal opinions, drafting pleadings, advising clients, handling and arranging various arbitrations, briefing senior advocates in various cases, Samaira managed to send a notice to her uncle invoking the arbitration clause in the deed of retirement.

Prior to filing of the notice, she requested her uncle to continue paying interest in respect of the loan amount which was being continued since 2001, pursuant to the minutes of the meeting dated 31st January 2001 or in default, to repay the entire loan amount kept with the firm, of which he was the only remaining partner. Thereafter, a letter dated 26th December 2009 was sent to him demanding the interest or in default, the principal sum of the said loan amount to which he replied on 21st January 2010, denying her lawful claim. Despite repeated requests and a series of correspondence, he continued with his refusal to make payment of the lawful claim, along with the further interest which had/has accrued on the said sum. In view of such non payment of the requested amount, he was in complete derogation to the material terms of the deed of retirement and in view of the existence of the Arbitration Clause in the said Agreement, the dispute was referred to arbitration. An arbitrator was appointed and a response to the nomination was sought within 30 days from the date of receiving the said notice. He didn’t reply to the notice. Perturbed at the state of things, Samaira filed an application for appointment of an Arbitrator under section 11 of the Arbitration and Conciliation Act, 1996. By an order dated 14th January 2011, His Lordship Hon’ble Justice Designate of the Hon'ble High Court appointed Learned Arbitrator for deciding on the dispute. His Lordship also specified the time limit and directed the Learned Arbitrator to conclude the proceedings within that time. The Learned Arbitrator called upon the parties to the said proceedings for a meeting. The parties filed their respective pleadings. Her uncle filed its Statement of Defence in the said matter on 16th May 2011. However, he last appeared in the said proceedings on 20th May 2011 and thereafter, did not appear on the next date despite having notice of the same, or at any point of time thereafter. The Learned Arbitrator proceeded in the said matter ex parte and finally on 27th June 2011 passed a reasoned award and communicated to the parties by its letter dated 1st July 2011. In the said award, the Learned Arbitrator had held that the Petitioner (Samaira’s father) was entitled to recover Rs. 20, 15, 063/- along with Rs. 3, 42, 561/- towards interest till March 31, 2011 and further interest @ 12% per annum since April 2011 till the realization of the entire awarded sum.

The said award dated 27th June 2011 was however challenged by her uncle on the ground that the award was passed ex parte in his absence at the arbitration meeting. Samaira recollects how she came to know from an astrologer that her uncle had done some black magic so that the whole process of litigation is delayed and we continue to suffer financially, emotionally and psychologically.

She recollects how she had to leave the city alongwith her family so as to save ourselves from complete devastation.

There were other reasons attached to the relocation. One of which was that after the litigation, the lives of the family members were also in danger, as predicted by an astrologer.

She recollects how her sister Harlyn cried before her.

"I don't want to leave. Isn't there any other way out, di?" cried Harlyn.

"We will have to leave. Our uncle has created enough problems for us. Relocating to Ahmedabad is a fresh start for all of us. It is a matter of concern for our security as well".

"Security? But why? And from whom?" queried Harlyn

"Security against our uncle's threatened attacks. It could be anything ranging from financial threat to threat of our lives. He could do anything to injure us. We must be careful. Now hurry up", saying so, I hurried to the room to pack my bags.

Samaira recollected how she and her family reached Ahmedabad on 1st August 2011 and found a temporary accommodation at her maternal aunt’s home for fifteen days.

Settling for a small house didn't come easy. While her family was grappling with the ongoing difficulties, she proceeded to Mumbai to find a job. She knew she had by now become a part of the crowd in Amchi Mumbai and finding herself there again would be another experience. She joined a law firm near the stock market in Dalal Street. Four hours of travelling everyday was a menace but the thrill of job kept her going. On the other hand, her parents struggled in Ahmedabad to put things back on track. The stay at Ahmedabad was brief.

On 3rd November 2011, Samaira and her family had to leave for Kolkata to save their property from being forcefully acquired by her uncle. He could go to any extent to cause harm to them. While her parents left for Kolkata from Ahmedabad, she left from Mumbai. All met their fate in Kolkata.

Her family decided to divide their property comprising of two flats. They were now ready to give out one flat for rent. This was the only source of income for them. It took them a month to freeze on someone and they allowed a family to stay on their property. They shifted to their small flat next door for a period of 3 years.

She recollects how she bravely secured her family by filing a police complaint against her uncle on the ground that he has committed offences u/s 34/120B/417/418/420/423 of Indian Penal Code and that he must be punished. In the said case, no investigation commenced for a long time to come and after few months, it later surfaced that her uncle had bribed the officer in charge so as to delay the case. During the pendency of the complaint, she convinced my parents, particularly my mother so that she may be able to leave for Delhi. Her mother was left with no option than to accede to her request. She recollects how she was unsure as to whether she would qualify for the interview and get the job for which she was being called to Delhi or will have to return back to Kolkata empty handed. She took the opportunity and left for Delhi. It was her first visit to Delhi. Her aunt arranged for her accommodation.

At the interview, she was asked to read a brief of the ongoing case which was pending disposal at the High Court. While reading through the brief she was frank enough to point out the errors in the legal draft. Accordingly, she got the job. Interestingly, the firm was known to have employed associates through references. She recollects how she was the only one who was selected on the basis of merit.

Her work in the firm M/s. Bale and Co. pertained to drafting pleadings and appearing in matters pertaining to consumer and labour laws at various courts throughout Delhi, preparing various legal opinions, drafting agreements and handling matters pertaining to various other civil laws etc. On the social front, she attended and participated in various conferences pertaining to legal issues which were usually attended and addressed by legal luminaries and highly influential people like Judges of High Court and Supreme Court, known lawyers of the country, ministers etc…

After six months, she was constrained to decide as to whether she should leave the job or continue with her job. She was prompted by the urge to fulfil her dream of becoming a civil services Officer. Her dream was the sole reason for her to come to Delhi which she never confided to anyone.

She resigned from the job as she couldn't prepare for the exam properly. However, financial difficulties forced her to join another firm M/s. Ranjan and Associates which was headed by a senior advocate, Mr. Rajesh Ranjan, where her stay was for a brief period of 3 months. She appeared before judges for various cases in many courts all over Delhi. However, this was not what she wanted to pursue. It was during this period that many urged her to prepare for Judicial Services Examination. However, she wanted to join a coaching institute for preparation of civil services. It was her last attempt for which she needed some guidance and which brought her to Mukherjee Nagar.