SCRIPT FOR CLIENT COUNSELLING ASSIGNMENT OF MCI

CHARACTERS:

Advocate – Garima Sharma

Client 1 – Sambhav Purohit

Client 2 – Prateek Upadhyay

CASE DETAILS:

Prateek and Sambhav are 4th year students at Alliance University, Bengaluru, staying at VBHC
apartments. They started an event management partnership 6 months ago to organize fests and
concerts locally, registered under the Partnership Act.

Sambhav handled finances and Prateek managed operations. Sambhav recently discovered Prateek
had fraudulently pocketed extra payments by inflating vendor invoices. When confronted, Prateek
refused to settle accounts transparently. Sambhav now wants to exit the partnership with his fair
share of profits.

SCRIPT:

Garima: Hi! I'm Advocate Garima Sharma. You're Sambhav, right? I had a brief phone conversation
with you earlier. Please come in and have a seat.

Sambhav: Yes! I'm Sambhav Purohit and I have come from Anekal. And he's my business partner
Prateek.

Garima: Good to meet you, Prateek. So, what brings you both here today? How can I assist you?

Sambhav: Actually, we run an event management company together and have some ongoing
partnership issues. I was hoping you could advise.

Garima: Okay, I see. Please elaborate from the beginning so I can understand and try to help you
accordingly.

Prateek: Well as Sambhav mentioned, we run this small event company jointly. I look after the
operational planning and logistics while Sambhav handles the finances and account management.
Sambhav: Yes, that's right. Though we have had some differences, things have been progressing
decently so far. However, I recently found he has been hiding revenues by over-invoicing vendors.
He refused to give full accounts despite confronting him.

Prateek: That’s an outright lie! Sambhav just wants more profits for himself. He's always been
jealous that I bring more business. The vendors were overcharging, so I negotiated fair rates for
efficiency. Stop making baseless allegations!

Sambhav tries to interject (saying something like but he did…) but Prateek talks over him
(saying something like Sambhav has no proof also) …

Garima: Okay! let us all stay calm and understand the situation properly. Over-invoicing would be
considered a breach of trust as per partnership laws. Prateek, can you share the details of these
vendor invoices with profit statements?

Prateek: I don’t have all those right now... anyway, some vendors are friends, they may have
charged less officially. This is common business practice!

Garima: I understand both of your perspectives. However, accounting transparency is vital in any
partnership. Prateek, withholding revenue details and vendor invoices can be seen as a breach of
trust.

Prateek: I have not hidden anything! Some clients require discretion, so I keep vendor details
confidential. I contribute more to running this company while Sambhav handles only finances.

Sambhav: That's incorrect! I bring in most sales and clients too.

[Sambhav to Prateek: Stop blaming vendors and show me clear accounts. I deserve profits from all
our revenues.]

Garima: Sir, this argument is just becoming counterproductive. Let's not be unreasonable. No doubt
profits matter, but ethical practices brace the partnerships too. Instead of directly sending legal
notices, I suggest first trying mediation.

Prateek: No need! If Sambhav does not trust me after years of working together, then I see no point
in continuing this partnership. Let him go his way, I will carry on solo!

Garima: In my experience, court battles turn out to be more bitter than fruitful, ultimately. So,
before taking that last resort, I earnestly advise reconciling your disputes first in good faith.
Mediation can often resolve account conflicts effectively if both partners participate openly.
Sambhav: I don’t so there’s any scope, I’ve tried enough times asking him about the accounts and
he doesn’t seems interested in stating anything truthfully. Sending legal notice is fine with me. Just
settle my capital contribution and pay me my fair share of profits accrued so far, according to my
40% partnership share. I can’t work with someone so deceitful!

Prateek: How many times should I tell, vendors have only charged extra, they only told their
original costs have also increased, but if they show it on papers then it costs them also for taxes. And
that’s how market works. I can’t keep on explaining all this again and again! I do not want to keep
coming to the court again & again for your validation in this process of mediation. He doesn’t
believe me now, what will change there also. You go with case only, I’ll also find an advocate.

Garima: So, it seems you both wish to dissolve this partnership and go separate ways. Legally doing
this requires certain steps...

First, I will issue a formal notice on Sambhav’s behalf asking you Prateek to transparently settle
accounts and assets as per Sambhav’s capital contribution.

What was the total capital amount invested as per your partnership agreement? We need documents
pertaining to registration, accounts, and profits. Please gather those to proceed...

Providing the documents you each possess will help ascertain fair shares. Once I have them, I can
issue the dissolution notice and we can initiate settlement of accounts between you two as per
Partnership Act clauses.

Sambhav: Sure ma'am. Just wanted to check- apart from these documents, what would be the
approximate legal expenses for this dissolution process? Your professional fees plus any court fees
etc?

Garima: Ya actually. My professional fees would be around Rs 20,000 for the legal notice, follow-
ups, negotiations etc. That’s all for everything until the judgment arrives. And like now we have to
approach the court, additional court fees would apply as per case evaluation and procedures.

I will take care of all documentation and process needed. You would only need to provide me with
the company details and statements as discussed.

If anything, else, please feel free to check with me as we progress if you have any cost-related
queries.

Sambhav: Clear enough! Please go ahead with the next steps, I’ll send you all the documents on the
WhatsApp.
Garima: Please try to arrange the paperwork and get me all the related documents by next week
itself, so accordingly I can assess your assets and start working on the dissolution notice.

Sambhav: Sure! Thank you!

Garima: And still if any of you think of going for mediation, please feel free to discuss. We can
formally make an effort either for rebuilding broken trust or separating cordially – Afterall both
options should be given a fair chance.

Sambhav and Prateek: Sure, thank you for your time!