Judgment: GAJARAWALA, HEMANT vs. KURRE, SOMAIAH

• 
• 
• 
• 

						
                                
Preview
                                Cause No.

                  HEMANT GAJARAWALA, Individually                                              IN THE DISTRICT COURT OF

                           Plaintiff,

                  DEVSJ CONCRETE, LLC, derivatively on behalf
                  Of Texas Concrete Enterprise IV, LLC                                             HARRIS COUNTY, TEXAS
                           Intervenor Plaintiff

                  vs.

                  SOMAIAH KURRE

                           Defendant                                                                    JUDICIAL DISTRICT


                                                               FINAL JUDGMENT


                           The   Court   called  this case   to trial on  February    19,  2018.    All parties   announced     ready.

                  The   Court   and  counsel    conducted    voir  dire  examination     of  the venire   and   empanelled     a Jury.

                  Plaintiff  and  Intervenor    Plaintiff  presented   their  case     chief  and  rested.    Defendant    presented

                  his  case     chief  and   rested.   The   Jury  returned   a  unanimous     verdict  on   February   23,  2018    in

                  favor   of Hemant     Gajarawala     and   DEVSJ     Concrete,    LLC.     The   Court   determined     that  it had

                  jurisdiction   over   the  subject   matter   and   the  parties,  adopted    the  Jury’s   verdict,  and   renders

                  judgment as follows:

                           The Court hereby:

                           ORDERS,       ADJUDGES         AND    DECREES        that  Plaintiff  Hemant     Gajarawala    shall  have

                  and recover from, and that judgment be entered against,Defendant Somaiah Kurrefor

                           (1)      the sum of $                 for Somaiah Kurre’s       breach of the agreement that, if Mr.

                                    Gajarawala     personally    guaranteed     two   loans   from   Allegiance     Bank    to  Texas

                                    Concrete    Enterprise,   then   Mr.   Kurre   would    work   to  ensure   that  the  Kendleton

                                    Plant would be operational and profitable in a timely manner
                                                                      Page of
                           (2)      plus the sum of $300,000           for Somaiah Kurre’s       breach of Company Agreement

                                    of Texas Concrete Enterprise dated October 14, 2014

                           (3)      plus  the  sum   of  $97,000.00     in  reasonable    attorneys’   fees  for  services  rendered

                                    through the date hereof;

                                    plus   additional   reasonable    attorneys’    fees  in  the  amount     of  $5,000.00    if  an

                                    appeal   of this  Judgment     or any Judgment      upon   any bill   of review   or  motion    for

                                    new trial based upon this Judgment is taken to the Court of Appeals;

                                    plus  additional    reasonable    attorney’s   fees   in the  amount     of  $5,000.00    in  the

                                    event an petition for review          this Judgment or any judgment entered upon a bill

                                    of review or motion for new trial based upon this Judgment is filed with the Texas

                                    Supreme Court;

                                    plus  additional    reasonable    attorney’s   fees  of  $              at  the  merits  briefing

                                    stage in the Supreme Court of Texas

                           (7)      plus additional reasonable attorney’s fees of $5,000.00              through oral argument at

                                    the completion of proceeding in the Supreme court of Texas;

                                    plus costs of court;

                                    plus postjudgment interest on the total of all of the foregoing amounts at the rate

                                    of 5.00% per annum beginning on the date hereof and ending on the date all of the

                                    foregoing amounts are paid in full;

                                    as  to  the   attorneys’    fees  awarded     for   appeals   to  the   Court    of  Appeals    or

                                    applications    for petition   for review    to the  Texas    Supreme    Court,   such   amounts

                                    and   the  postjudgment     interest  thereon   are  recoverable    by   Plaintiff  only  if  such




                                                                      Page of
                                    appeal   or  filing is  successfully    prosecuted    or defended     by  Plaintiff  at that  or  a

                                    higher level

                           The Court further

                           ORDERS,        ADJUDGES          AND     DECREES         that   Plaintiff   Hemant      Gajarawala      and

                  Intervenor    Plaintiff  DEVSJ     Concrete,    LLC   are  entitled  to  a declaratory    judgment,    pursuant    to

                  Tex. Civ. Prac. & Rem. Code Ch. 37, and thus DECLARES as follows

                                        Defendant     Somaiah      Kurre   willfully   violated    provisions    of  the   Company

                                        Agreement of Texas Concrete Enterprise dated October 14, 2014

                                        Defendant     Somaiah     Kurre   engaged     in wrongful     conduct    that  aversely   and

                                        materially affects the business or operation of Texas            oncrete Enterprise; and

                                        Hemant     Gajarawala     and  DEVSJ      Concrete,    LLC    are  allowed   to  proceed,    if

                                        they   so  chose,   to  expel   Defendant      Somaiah     Kurre   from    Texas    Concrete

                                        Enterprise    IV,  LLC    pursuant    to  the  terms   of  the  Company      Agreement      of

                                        Texas Concrete Enterprise IV, LLC dated October 14, 2014

                           The Court further:

                           ORDERS,       ADJUDGES         AND      DECREES        that  Defendant     Somaiah     Kurre    shall  take

                  nothing   on  any claims     asserted  against   Plaintiff  Hemant    Gajarawala     and/or   Intervenor   Plaintiff

                  DEVSJ Concrete, LLC

                           Plaintiff  Hemant    Gajarawala     and   Intervenor   Plaintiff  DEVSJ     Concrete,    LLC    shall have

                  all writs and other processes available to enforce this Final Judgment.




                                                                      Page of
                           All relief not expressly granted herein is denied.           This is a final judgment appealable as

                  allowed by law.      All claims against all parties in this matter have been adjudicated in full.


                           Signed this ___________ day of __________________, 201




                                                                                 JUDGE PRESIDING




                                                                      Page of