PROBLEMS FOR NEGOTIATION

1. Mr. Zakir is a huge art enthusiast. He loves collecting very famous and old antiques
and sculptures of historical importance. He always invests most of his profits from his
shares in buying and collecting such artifacts. One day, his agent Mr. John calls him
to inform that he has found the original artifact- Ash of Warriors from China. This
artifact is a vase which has intricate carvings and miniscule details of the story of one
great Warrior- Qu Cho Ming from the 14th century B.C. in China and was thought to
have been lost. The only way to find the original piece was that in the bottom of the
vase, there was a secret draw which contains the ashes of Warrior Qu Cho Ming. The
said artifact had the secret bottom with ashes hence proving to be invaluable artifacts
of all the times. He decided to buy it and goes to meet the person who has the
possession of the same, one Mr. Firenze. Mr. Firenzes late father being an
archeologist had collected this piece from Indonesia years back when he had gone for
an expedition and since then preserved it. Now, Mr. Firenze wants to settle in UK
with his family and hence decided to sell these artifacts. He agrees to sell the same to
Mr. Zakir. They have decided to negotiate upon the same.

2. Mr. Kisan is the Karta of a very big joint family which is settled in Lucknow and
consisting of his wife, both of his paternal grandparents, Father, Mother and two
daughters and a son and their families. In April, 2015 he goes to UK with his wife for
a medical treatment and is staying hitherto for the treatment. His son, Mr. Jeevan
meanwhile manages their family business in India. During a business crisis, the son
decides to sell 15 cents of land along with a 2-storey building which was in the main
area of the city for Rs. 50 lakh including the associated charges for registration and
legal formalities. He enters into a contract with Mr. Panikar, Managing partner of
Panikar Bros. Assoicates, a very reputed law firm, for the above sale and signs the
documents on behalf of Mr. Kisan as the Karta on 25.10.2017. Mr. Panikar and his
legal associates start occupying the building from 27.10.2017 itself and converted it
into their main office as its in the heart of the city and quite convenient for their
clients to approach their offices as well as close to the Courts and register offices.
On 30.11.2017, Mr. Jeevan comes up with a request to Mr. Panikar saying that
he wants his property back. Mr. Panikar is pretty shocked at this request and bluntly
rejects the same. Mr. Jeevan gets disappointed but does not lose hope and keeps on
requesting for a meeting to discuss the same. It is Mr. Jeevans claim that the property
he sold to Mr. Panikar is an ancestral property which he came to know very recently
when his fathers relatives had filed an action against him for the recovery of the
same. If the suit of his relatives progressed without the surrender of the disputed
property, there is chance that he might end up incurring heavy damages which at
present he cannot afford. Finally, on 23.11.2017, Mr. Panikar agrees to hear out Mr.
Jeevan and has asked a Negotiation for their difference in opinion along with their
legal counsels. Negotiate for the parties and draft a settlement deed.

3. Mr. Mahesh enters into a contract of sale with Mr. Arun for buying 100 kg of Copra
after the payment of Rs.8000 as first payment on 14.08.2016. On the due date, Mr.
Arun, receives an Electronic Cheque for Rs.8000 from Mr. Mahesh and hence, he
 sends the first 40 kg of copra in his private lorry for delivery. He doesnt encash the
cheque since he had to leave the country for personal reason for 3 months. After he
comes back, he decides to encash the cheque. But by 02.11.2016 the time for next set
of delivery neared as per as the sale contract, so he decided to postpone the
encashment along with the next set of payment. Thus, on 02.11.2016, upon receiving
another Electronic cheque for Rs. 4000, Mr. Arun sends across the next set of 20 kgs
of Copra. Meantime, Mr. Mahesh calls up Mr. Arun with a personal request to send
across the final set of 40 kgs of copra for an immediate and urgent delivery. Pursuant
to the same, without receiving the cheque or money for the last set of goods, Mr. Arun
decides to send across the final set of Copra on 09.11.2016. But on 8.11.2016, he
approaches the bank for encashment of the previous cheques but comes to know that
the cheques given to him has bounced and not payable due to insufficiency in fund.
He gets furious and calls Mr. Mahesh to inform about the default in payment and
informs him he is going to retain the 20 kgs of copra unless the payment is made. Mr.
Mahesh requests him not to do so as he is in dire need of the Copra for his final export
to a foreign buyer within 15.12.2016. Mr. Arun strongly objects the delivery of goods.
Mr. Mahesh again persuades Mr. Arun to negotiate the terms for the last delivery of
goods such a way that he will get the goods within 15.12.2016. Hence, on 23.11.2016,
both the parties along with their legal counsel have met to negotiate the same and
enter into a settlement deed.

4. Tamil Nadu Government has taken a decision to make Teacher Eligibility Test (TET)
to be mandatory for all teachers in schools from 2010. Therefore, the Director of
School Education (DSE) makes a direction stating interalia that the minimum
eligibility for teachers will be that they should pass TET exam. The relevant part of
the direction is reproduced below-

This is challenged by the Teachers so far appointed as permanent members that this is
an added qualification and it would be a grave injustice if they were now removed
from their service based upon this qualification. So, the teachers want to negotiate
with the Government that rather than TET being a compulsory qualification, the
existing permanent teachers could be excluded from the application of this provisions
and rather given refresher courses and assured with their permanent job. However,
Government wants to include TET as a medium to screen the best minds to teach the
students at school level and wants to continue with TET. However, Government
 agreed to hold a negotiation with all the Teachers Association upon the matter and
arrive at a successful settlement.

5. Mr. Thamban hails from Kazhinjarapuzha, a place in Kerala and is a traditional

farmer. Four years back, he had attended a class on the importance of organic farming
and since then he has been interested in it and uses only organic fertilizers. For the
same he had almost spend 2 and half years in bringing back the fertility of his land so
that through organic farming itself, he can have more production. Meanwhile, Mr.
Murugan who holds the nearby plot to Thamban does the cultivation of cash crops
and wants to raise the crop production immensely. Henceforth, he ends up using a lot
of chemical fertilizers. In between both the plot there is a small canal by the
government whereby both the parties fetch water for their crops. In the month of
June- July, when monsoons season starts, due to heavy rains the water from Mr.
Murugans plot runs to Mr. Thambans plot ruining the fertility of the land as well as
the organic farming. Mr. Thamban requested Mr. Murugan to stop using the chemical
fertilizers or do something else like constructing a bund near the canal over his land
so as to protect Mr. Thambans land from damaging due to chemical fertilizers. The
request was however ignored and rejected by Mr. Murugan. Finally, Mr. Thamban
decided to file a complaint in police station about the nuisance the water and
fertilizers created. Upon enquiry of the same by Police, Mr. Murugan has sought for a
peacful negotiation from Mr. Thamban to sort their differences and arrive at an
settlement.

6. Mr. Nagesh, Mr. Jacob and Mr. Ameer are partners of the firm, NAJ Associates,
which approached the State Bank of India (SBI), Chandigarh for a loan of 50 crores
for importing new surgical instruments from Dubai. They have entered into a
hypothecation bond for the same and kept another guarantee of their firms asset
worth 20 crores. The time period for repayment starts after 6 months with an interest
rate of 20% p.a. The agreement for the same was entered in 18.03.2017. In October,
2017 when the bank gives notice of repayment, it comes to know that firm has gone
into insolvency. Henceforth, the NAJ Associates refuses the repayment. This matter
has now come for negotiation between Mr. Nagesh and Ms. Swathi, chief Manager,
SBI, Chandigarh branch along with their respective legal advisors to reach a
settlement.

7. Navjyothi Coal Corp. Ltd (NCCL), is a Government company which was involved in
coal mining and distribution situated in Karnataka. The Government of Karnataka in
order to acquire more profits and private investment decide to forgo its 50 % share in
the NCCL and called for private parties in its shares. This is opposed by all of the
existing employees claiming that 50 % disinvestment would totally insecure their
employment, pension schemes as well as the service rules. All the employees went on
an indefinite strike. Sensing the gravity in the situation, Government proposed to hear
out the grievances of NCCL employees before finalizing its terms and conditions with
respect to the disinvestment though it has decided to move forward with the plan of
disinvestment and retain the current employees.