Dispute in business with younger brother
Dear Sir,
I need help/ advice.
In May 2013, my younger brother asked me to start CAB business which he would run. I agreed and took a vehicle loan, whole down payment from my pocket. Since the business started, I am only paying EMIs, he told that the business is under loss and will recover soon. He never gave me detail of business (neither average work nor cash inflow or outflow etc.). Whenever, I asked he just skipped. I thought he would take care of business. In May 2014, he told me to take a second CAB which would give profit as he thought he was able to run two CAB. This time also, I agreed. But nothing went right. I still had no data from firm about expenses, profit or loss etc.
I had started taking interset in daily business around september 2014, and observed that business cannot be in such huge loss. During this time CAB were attached to radio taxi (UBER/ OLA etc.). In January-March 2015, I have observed that he is transferring money to trading account etc. When I asked him to give me details of the firm, he is denying. He is not running business, didn't give me past files containing expenses, investments, profit and loss. Still now, payment from OLA and UBER is going to his bank account and he is not paying it back. During a checking, I have also found that he has been misusing credit card (credit card bill is more than the work done by CAB, even diesel expense is more than the total payment from radio taxi).
Now, if I check my balance sheet, I do own around 4.5 Lacs from him. Even he has not paid drivers since last month, the payment he has taken from radio taxi and still getting, as account transfer has not been done (work done through OLA and UBER comes directly to the bank account).
I know, it is a personal issue as I helped my younger brother to become success but he is stealing money from business and losing in trading, partying all the times etc.
Is there anything which can be done legally,so that balance sheet etc. of firm can be prepared; his accounts can be checked, and the money which has come to his account can be recovered.
He is living a life as there is no law to stop such crimes.
I still have EMIs for next 2 years.
I am under tremendous pressure of financial crisis and mentally weak too.
Any help would really be appreciated.
With Regards,
Shiv Kumar Agarwal
Asked 9 years ago in Business Law