Durban businesswoman Rosanne Narandas’s long-time business partner has turned on her and is suing her for unpaid rentals at two clothing boutiques.
Marco Accolla has brought two applications in the Durban High Court asking it to order Calvi Trading cc, which he says is affiliated to Narandas, to vacate two shops at the Gateway and Musgrave centres and pay the outstanding rent.
The cases came before Judge Kate Pillay on Monday, but they were adjourned indefinitely.
In papers, Accolla said that his company, Noella Rosario cc, had negotiated new leases on behalf of Narandas’s shops, Ooh La La Boutique at the Gateway centre and X-Factor at Musgrave, with the centres’ management in 2011.
He had done this because the shopping centres were not willing to negotiate with Narandas as she had not fulfilled all her lessee obligations.
He said that in terms of an agreement he reached with Narandas, he was to pay the rentals and other costs each month to the shopping centres and then invoice her for these amounts.
Narandas had failed to pay him for the rentals for February, March, amounting to more than R400 000 for both shops, he said.
“The continued breach by the respondent of its obligations to pay rental places the relationship between the applicant (Noella Rosario cc) and the landlord in jeopardy, and the applicant is obliged to continue making payment of rentals and other costs.”
In her replying affidavit, Narandas said she was the sole owner of the shops and denied that Calvi Trading, which was solely owned by her son, Rikesh, operated or owned the stores. Rikesh confirmed in an affidavit that his company did not own the shops and that any litigation should have been brought against Narandas, as she was the owner of the shops.
Narandas said Accolla had negotiated the leases on her behalf because she was involved with continuing litigation with Old Mutual, which owned Musgrave and Gateway.
She explained she had been a member of Noella Rosario cc, but had resigned to allow Accolla to obtain the lease agreements from the centres.
She said that despite her resignation, she remained a 50 percent shareholder in the company. She was engaged in a dispute with Accolla regarding the business and jointly owned assets. She said Accolla had control over R900 000, which was due to her.
“I have asked Accolla to pay the rentals from these monies due to me, but… he has refused to do so.
“I have also offered to pay the rental directly to the landlord.”