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India issues advisory as traders in china face fresh charges by efwegbe erergeer





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India issues advisory as traders in china face fresh charges by
Article Posted: 11/18/2013
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Articles Written: 1575
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India issues advisory as traders in china face fresh charges


 
The Indian Embassy in Beijing on Monday issued a second advisorywarning, of the dangers of doing business in the southern Chinesetrading hub of Yiwu, after two Indian traders, who have beenfighting a six-month-long legal battle, were hit by fresh chargesin an escalating dispute with local suppliers. The advisory said there was "a high possibility of freshcases being lodged in order to exert additional pressure on Indianbusinessmen," who could face pressures to sign documentsunder duress, which "could be used against them in a court oflaw". The warning came after two new cases were filed in a Yiwu courtagainst Deepak Raheja and Shyamsunder Agarwal, who were heldhostage in the city in December, facing accusations from Chinesesuppliers of owing 10 million RMB ($ 1.58 million), after theYemeni owner of their trading firm fled, leaving dues unpaid.Chinese traders say the Indians, who were employed by the firm, areliable for the dues, and have signed documents that prove theirclaims. The Indian traders argued at a court hearing last month that theywere only employees of the firm, whose owners were a Yemeni andanother Indian national, who remain untraceable.



They said thedocuments were signed under duress, while they were illegally beingheld captive by suppliers. An Indian official said the advisory was issued because the Embassywas "frustrated" by the local authorities' handling ofthe case. "We thought we were heading to a resolution afterthe hearings, but now the new charges have again stretched theprocess," the official said. A legal notice on the new charges was filed in Yiwu on January 20,and the summons date was fixed on May 2.



The traders will againhave to appear before a local court on June 27. With no progress being made towards tracing the owners of the firm,Chinese authorities are reluctant to let the two Indians leave,with millions still owed to local businesses. The two traders, whoare now staying at a hotel in Shanghai, have been under financialstrain, and have relied on financial support from the Embassy andShanghai Consulate for their daily living expenses, while theyawait a verdict. The traders were, at one point, forced to spend several nights onthe streets of Shanghai, and sell their jewellery when they ran outof funds.



The advisory warned that court disputes could require businessmento stay on "for extended periods of time, hence requiringsubstantial funds for boarding and lodging," in a message tothe rest of the businessmen that the Indian government couldn't beexpected to similarly bail them out if another such case occurred. Mr. Raheja told The Hindu on Monday that he believed the two caseswere filed by suppliers because hearings on the initial charge,held last month at a higher level court at Jinghua, appeared toboost the Indians' arguments. He said he had already given 900,000RMB (Rs.



78.1 lakh) of his personal savings to the suppliers, afterhe was beaten while being held captive by them in December. Heclaimed the 10 million RMB dues that have been alleged hadn't beenproven, and only 1.1 million RMB was owed. The suppliers and localprosecutors couldn't be reached to verify his claims. According to the new charges, a further 400,000 RMB (Rs. 34.7 lakh)is being demanded from him, and 1.2 million RMB (Rs.



1.04 crore)from Mr. Agarwal. "We cannot pay this money," Mr.Raheja said. "We are already out of funds, our families arein distress, and now even our lawyer is telling us to go and startbegging on the streets of Shanghai." There is a possibility of fresh cases being lodged to exertadditional pressure on Indian businessmen.



The new charges have stretched the legal process, detaining thebusinessmen.

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