Monthly Archives: March 2012

yiwu: Indian traders told they must ‘honour’ compensation

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Chinese officials on Thursday said the two Indian traders rendered homeless in Shanghai while awaiting a judgment cannot leave the country unless their case was resolved and they “honoured their compensations”.

Deepak Raheja and Shyamsunder Agarwal have been accused by Chinese traders of owing more than 10 million RMB ($1.58 million) after the Yemeni owner of their trading firm in the southern hub of Yiwu fled abroad leaving dues unpaid. The two traders were held hostage in Yiwu for two weeks in December. They were allowed by a local court to leave for Shanghai after surrendering their passports while prosecutors investigated the case.

The two were forced to spend the last two nights on the streets of Shanghai after being thrown out of their hotel because they could not pay their bills. The Indian Consulate in the city had been covering their expenses but said it did not have the approval to go beyond the 45,000 RMB ($7,142) it had already spent on the two men.

While the traders have told the Indian media they will go on a hunger strike until they are allowed to leave China, such a prospect remains unlikely until the legal procedures run their course.

Chinese officials also stress that the traders still have to answer the charges of suppliers who lost millions on account of the trading firm where they worked. “As far as we know, the local court has tried to mediate the case and handle it according to law,” said Foreign Ministry spokesperson Hong Lei.

“Since the two Indian businessmen up to now have not honoured their compensation commitment, the relevant court has ordered them not to leave. This order is still in effect. We hope the businessmen will respond to the demand of the relevant Chinese businessmen so that the issue can be properly handled.”

Mr. Raheja and Mr. Agarwal have said they were only employees in the firm and it was the Yemeni owner who was responsible for the payments. However, Chinese traders have produced in court documents and receipts with the signatures of the Indian traders acknowledging the dues. The Indian traders said the documents were signed under duress.

Hearings began in an Intermediate court in Jinhua, near Shanghai, on March 1.

According to one legal expert familiar with the workings of the Chinese system, even the best outcome for the traders would possibly be deportation without jail time but would likely also entail a heavy fine, one which Mr. Raheja says he will be unable to pay. “Even if the owner is Yemeni, if he cannot be found it is very hard to imagine the authorities letting foreign nationals leave scot free when there are angry Chinese traders still owed money by the same firm,” said the expert.

With the trading firm’s Yemeni owner still untraceable, Mr. Raheja told The Hindu he was in a “dire” financial situation, having already paid 900,000 RMB ($143,000) out of his own personal savings while he was being held captive. He has also demanded compensation for his money and for the trauma he faced while being illegally detained by Chinese suppliers.

Indian officials have asked Chinese authorities to speed up investigations and announce a verdict. With three weeks having passed after the hearing, an official said the “situation cannot go on forever”.

Yiwu: India Takes Up Traders’ Case With China Again | news.outlookindia.com

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India today asked China to allow two Indian traders facing legal proceedings in this country to return home pending resolution of their case, but Beijing said they cannot leave without paying dues to local businessmen.

The issue of Deepak Raheja and Syam Sunder Agrawal, who had threatened to commit suicide if they were not sent home, was taken up by External Affairs Minister S M Krishna with his Chinese counterpart Yang Jiechi on the sidelines of the BRICS summit in New Delhi.

This was the third time in the last two months that Krishna took up the traders’ issue with Yang, Indian embassy sources here told PTI.

Indian officials said they have been urging the Chinese Foreign Ministry to permit the duo to go back home as they can return whenever the court wants them.

Foreign Ministry spokesman Hong Lei, however, told a media briefing here today that the two should comply with the court order to pay compensation to the Chinese businessmen.

As a country under rule of law, China “protects the legitimate rights and interests of people concerned,” he said replying to a question on the traders.

“As far as we know (a) local court has tried to mediate the case and handled it according to law. Since the two Indian businessmen up to now have not honoured their compensations commitment relevant court has ordered these two not to leave.

“This order is still in effect. Hope the businessmen will truly respond to the demand of relevant Chinese businessmen so that the issue can be properly handled,” he said.

Hong was referring to a lower court’s order in Yiwu. But since early this month, the case has been taken up by a higher court in Jinhua, which reserved its order on the duo’s plea that they were only employees of a company which owed dues to the tune of over a million RMB (USD 1.58 lakh) to the local businessmen.

Raheja said that though they were earlier accused of owing 10 million RMB, the court document only says over a million RMB.

The Indian consulate in Shanghai said they had to arrange a lawyer with the great difficulty as no advocate in the city was willing to take up the duo’s case.

Besides funding their lodging, food and medical expenses for a month, the consulate sent its officials to be present in the court.

A diplomat, S Balachandran, was manhandled when he tried to seek their release in Yiwu court in January.

Indian officials here also met the Chinese Foreign Ministry officials and appealed to them to permit the two to go home as they can return any time the court wants them.

So far the consulate has spent 43600 RMB (about USD 7000) on the case and now stopped the payment saying that they have no provision to continue to pay their expenses. They want USD 128 per day for maintenance.

Meanwhile, the two are on hunger strike since yesterday, a day after they were thrown out of the hotel where they were staying due to pending bills, and sent e-mails to media threatening to commit suicide one after another in a week if they were not sent back home.

The Indian consulate today arranged to get their passports back from the hotel and send them to Yiwu to renew their visas, sources at the embassy here said.

The court has put a travel ban on them.

The Indian embassy and consulate are doing what they can do, an embassy official said. “We have arranged their train tickets for Yiwu and gave some pocket money.”

He said rules permitted Indian missions to provide financial assistance to stranded Indians only for 15 days, whereas in this case the expenses of the duo have been paid for a month.

 

Yiwu Indian Traders Sleeping On Streets of Shanghai

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Beijing, March 29: Two Indian traders who are awaiting judgment from a Chinese court over a bitter dispute with businessmen in the southern trading hub of Yiwu were forced to spend Tuesday night sleeping on the streets of Shanghai because they have run out of money, The Hindu reported. 

Deepak Raheja and Shyamsunder Agarwal stand accused of owing 10 million RMB ($1.58 million) to Chinese traders after the Yemeni owner of their trading firm fled abroad leaving unpaid dues.

The two traders were held hostage in Yiwu for over two weeks in December by Chinese suppliers. They were subsequently allowed to leave for Shanghai following a court hearing, and were being looked after by the Indian Consulate in the city while awaiting the verdict.

     

The Consulate had so far spent around 45,000 RMB ($7,142) on their hotel bills and living expenses, but had to stop payments as they did not have the approval from New Delhi for further funds, an official said.

“We were thrown out of the hotel because we could not pay the bills, and had to spend Tuesday night sleeping on the street,” Raheja said in a telephone interview.

The two traders have written to the Ministry of External Affairs in New Delhi seeking financial assistance of $128 a day until the verdict is announced.

While thanking the Consulate for its support over the past weeks, Raheja said he is in a “dire” financial situation after paying 900,000 RMB ($143,000) out of his own personal savings to suppliers while he was being held captive. Both traders do not have access to any other funds, he said.

      

The traders have also asked to be allowed to return to India, though there is little likelihood of that until the case is resolved. Chinese prosecutors and dozens of suppliers hold them accountable for a vast sum of money, while court authorities are in possession of their passports.

Hearings on the case began on March 1 at an Intermediate court in Jinhua, near Shanghai. Suppliers accused the two Indian traders of being liable for the dues, and have produced documents and receipts, with the traders’ signatures, to prove their case.

Raheja is arguing that the signatures were made under duress. He said he was only an employee in the firm, which he claimed was owned by a Yemeni national who has absconded. He has also filed a case against the suppliers for kidnapping and torture, and demanded the return of his money.

       

Indian officials have asked Chinese authorities to speed up investigations and announce a verdict soon to resolve the matter. External Affairs Minister S.M. Krishna raised the issue with his counterpart Yang Jiechi during a visit here last month, when he also met the two traders. “It has already been three weeks since the hearing,” an official said. “This situation cannot go on forever.”

2 Indian traders in Yiwu: Kidnapped, assaulted & now abandoned?-

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Kidnapped, assaulted & now abandoned?

29 Mar 2012, 0848 hrs IST

Indian trader Deepak Raheja was freed from the illegal custody of the Chinese just three months ago but now Raheja and his colleague Shyamsundar Agarwal again in deep trouble with no money and Indian embassy stopping financial help they are fending for themselves on the streets of Shanghai. Deepak Raheja, Indian trader, said, “We are sleeping on the footpaths of China. Indian Government is saying that we do not have funds. We cannot leave the country because of the own going case.”

Raheja and Shyamsundar were held hostage in the Chinese trade hub of Yiwu in December after their owner fled leaving behind massive dues. Shyamsundar Agarwal, Indian trader, said, “The consulate in our embassy keeps on saying that they will do something and that we should wait for a day. But we are in very poor condition, neither do we have anything to eat nor do we have any shelter.” The Indian Government is promising action. The fate of these Indian traders now hangs in balance but with the Chinese President Hu Jintao scheduled to arrive in New Delhi today for the BRICS Summit some hope for their return.

via Kidnapped, assaulted & now abandoned?- TIMESNOW.tv – Latest Breaking News, Big News Stories, News Videos.

Yiwu:Indian traders in Shanghai told to ‘honour’ their commitments

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Chinese officials on Thursday said the two Indian traders who have been rendered homeless in Shanghai while awaiting judgement from a Chinese court cannot leave the country unless their case was resolved and they “honoured their compensations”.

Deepak Raheja and Shyamsunder Agarwal have been accused by Chinese traders of owing more than 10 million RMB ($ 1.58 million) after the Yemeni owner of their trading firm in the southern hub of Yiwu fled abroad leaving dues unpaid. The two traders were held hostage in Yiwu for two weeks in December, but allowed by a local court to leave to Shanghai after surrendering their passports while prosecutors investigate the case.

The two traders have been forced to spend the last two nights on the streets of Shanghai after being thrown out of their hotel because they could not pay their bills. The Indian Consulate in the city had so far been covering their expenses, but said it did not have the approval to go beyond the 45,000 RMB ($7,142) it has already spent on the two men.

While the traders have told the Indian media they will go on “a hunger strike” until they are allowed to leave China, such a prospect remains unlikely until the legal procedures run their course.

Chinese officials also stress that the traders still have to answer the charges of suppliers who have lost millions on account of the trading firm where they worked. The firm owes their customers in Yiwu at least 10 million RMB ($ 1.58 million).

“As far as we know, the local court has tried to mediate the case and handle it according to law,” said Foreign Ministry spokesperson Hong Lei.

“Since the two Indian businessmen up to now have not honoured their compensation commitment, the relevant court has ordered them not to leave. This order is still in effect. We hope the businessmen will respond to the demand of the relevant Chinese businessmen so that the issue can be properly handled.”

Mr. Raheja and Mr. Agarwal have said they were only employees in the firm and it was the Yemeni owner who was responsible for the payments.

However, Chinese traders have produced documents and receipts in court, with the signatures of the Indian traders, acknowledging the dues. The Indian traders said the documents were signed under duress.

Hearings began in an Intermediate court in Jinhua, near Shanghai, on March 1.

According to one legal expert familiar with the workings of the Chinese system, even the best outcome for the traders would possibly be deportation without jail time but would likely also entail a heavy fine, one which Mr. Raheja says he will be unable to pay. “Even if the owner is Yemeni, if he cannot be found, it is very hard to imagine the authorities letting foreign nationals leave scot free when there are angry Chinese traders still owed money by the same firm,” the expert said.

With the trading firm’s Yemeni owner still untraceable, Mr. Raheja told The Hindu he is in a “dire” financial situation, having already paid 900,000 RMB ($143,000) out of his own personal savings while he was being held captive. He has also demanded compensation for his money and for the trauma he faced while being illegally detained by Chinese suppliers.

Indian officials have asked Chinese authorities to speed up investigations and announce a verdict. With three weeks having passed after the hearing, an official said the “situation cannot go on forever.”

via The Hindu : News / International : Indian traders in Shanghai told to ‘honour’ their commitments.