Team-BHP - Precision Cars to sue Porsche India over dealership rights. EDIT : Arrest warrants!

This was solely based on the Complaints recieved by customers against Precision cars. The complains ranged from duping customers, Taking money and not delivering cars, Delaying deliveries by months. Options chossen not being on cars.

Porsche India waited till their contract expired with Precision cars and they did not reniew it. This was for spare parts, service and importing of cars. This yet did not stop Precision cars to take cars for service even though they did not have permission too. The News Papers carried a Complain by Mr. Vipul Shah whose Porsche Cayenne has been with Precision cars for 4 month for service and no answers given.

As for the dealerships are Concerned Porsche India has retained the Ahemedabad and Bangalore dealers on their performance evaluation. The other dealers they have is Bombay (Aadya Motor Company), Gurgaon and Chandigarh. There would be more dealerships and already existing dealerships that would be evaluated.

The case of sueing Porsche is concerned..Precision cars lost all three cases..that is sessions, High court and supreme court against Porsche. There is a case now pt by Porsche against Precision ars to remove their signages and not to mislead the public by yet claiming to be a Porsche dealer.

Just thought of clarifying the situation (though I am not aware of the specific facts of the Precision v. Porsche case) from a strictly legal point of view. Breif pointers are as under:

1) Dismissal of the Special Leave Petition ('SLP') instituted under Article 136 is not the end of a probably protracted legal battle. An SLP is not your conventional statutory appeal that can be filed as a matter of right. Its admission is strictly at the descrition of the Hon'ble Supreme Court of India (where it is seen if a 'substantial question of law' requires interpretation).

2) It is incorrect to say that the decision of the Sessions Court was upheld by the Hon'ble High Court and then the Hon'ble Supreme Court. A Court of Sessions is essentially a Court where criminal cases are tried and not where Civil causes are adjudicated. A SLP when admitted by the Hon'ble Supreme Court is allocated a specific case number which reflects the nature of question/dispute and determines which bench will it be listed before (civil, criminal, company, constitutional etc..). The SLP is numbered SLP CIVIL _ _ _ / _ _ _ negating a criminal element. This new number allocated after admission of SLP does not contain 'SLP NO ---/----' and becomes a CIVIL APPEAL NO __ /__. Thus, implying that the Hon'ble Supreme Court has NOT ADMITTED the SLP for want of a substantial question of law and NOT REJECTED THE PRAYER/CLAIM ON MERITS.

3) I am not saying a criminal case is not possible, of course, if an aggreived individual (like the gentleman whose car has been illegally retained for 4-5 months) files a complaint with the police, charges of criminal breach of trust, missapropriation of property and (may be) theft can be invoked. But such proceedings will be distict from the civil proceedings. So it could be that Precision has been found guilty in criminal cases as also lost its civil cases (albeit in seperate proceedings).

4) I don't know the exact nature of the Precision's claim, however, a review and/or revision, a second statutory appeal etc. may still be possible (re the CIVIL claim/case). But much will depend on what was prayed by Precision.

I hope this helps you guys to take this constructive discussion further.

Quote:

Originally Posted by Samridh (Post 2902295)

A SLP when admitted by the Hon'ble Supreme Court is allocated a specific case number which reflects the nature of question/dispute and determines which bench will it be listed before (civil, criminal, company, constitutional etc..). The SLP is numbered SLP CIVIL _ _ _ / _ _ _ negating a criminal element. This new number allocated after admission of SLP does not contain 'SLP NO ---/----' and becomes a CIVIL APPEAL NO __ /__. Thus, implying that the Hon'ble Supreme Court has NOT ADMITTED the SLP for want of a substantial question of law and NOT REJECTED THE PRAYER/CLAIM ON MERITS.

Samridh,

Could you elaborate on this point, please? I wasn't able to grasp it entirely. Do you mean that when the SLP is NOT admitted, the number contains CIVIL APPEAL NO __/__ because the Hon'ble Supreme Court has effectively side-lined the SLP and not dismissed / rejected it entirely? Does this mean that the SLP can be granted once the question of law is answered?

Suhaas see when a SLP is filed it will be numbered SLP CIVIL NO ____ / ____. Then it proceeds to the admission stage where it is listed before a bench which on the basis of the pleading forms an opinion that "whether the SLP contains a substantial question of law or not?". As a matter of practice, in most cases the Hon'ble Supreme Court declines most SLP's at the stage of admission for want of a substantial question of law. However, if the Hon'ble Bench is of the view that there IS a substantial question the SLP is admitted. Upon admission the Registry renumbers the SLP and it now reflects a different number like CIVIL APPEAL NO ___ / ___ or CRL APPEAL NO ____ / _____. This ways by looking at number you can straight away opine if the SLP was admitted or not.

The significance of admission is that the question of law is finally decided however rejection will not impair the petitioner from approaching a lower court (i.e. if he has already not exhausted the remedy of statutory appeal/s).

Hope this clarifies the situation.

Cheers

Source: HT & IAB

Quote:

Precision Cars India has filed criminal charges against the iconic German sports car maker which include cheating, extortion, dishonestly inducing delivery of property, criminal breach of trust and criminal conspiracy. Porsche India is yet to comment on the matter.
The unpleasant case was triggered by Porche appointing Volkswagen Group Sales India as its sole importer last year while de-clutching Precision Cars who had been the official importer of Porsches for a period of 8 years.

A spokesperson of Precision Cars India told Hindustan Times that, “We have always made bonafide efforts to sort out the issues with Porsche, but they have…not given any support in resolving these issues. We were left with no choice but to pursue the matter legally.”

I don't remember the background in detail but if Precision Cars have gone ahead with this extent of legal action, am sure they believe they do have a true case against Porsche. Which makes me wonder if most international automakers think that they do not need to make serious efforts to resolve the experiences of Indian Dealers/Suppliers/Other stakeholders. There have been a few where we heard grumbles - Porsche and Renault (or was it Nissan?) come to my mind...Am glued to this case now!

Jaipur court has issued arrest warrants against Mr. Matthias Mueller, global CEO of Porsche and eight other board members in relation to a criminal case filed by Precision Cars India, the former official importer of Porsche sports cars.
Obeying court orders which was dated November 5, 2012, the local police and CBI have reportedly sorted the help of Interpol since the persons concerned were based in Germany and UAE.

More information given in the IAB site: http://indianautosblog.com/2013/01/p...in-india-59306