Danish(DK)
Open Letter to Everybody involved in the Bhoga case
Friday, 31 December 2010 11:58
There are no translations available.

OPEN LETTER TO EVERYBODY INVOLVED IN THE BHOGA CASE

10 years after the acquisition of Ådyssegård which became Bhoga ashram and the camp facility for Natha Yogacenter – we have decided that Natha will no longer continue the fight for Nathas rightful ownership of the farm. Therefore we will withdraw the appeal and also the tenants will terminate their renting agreement with Kim Schmock and move out by the 1st of February 2011.

 

The background story many of you know or you can click here for further informations about it. http://www.mihaistoian.net/bhoga-ashram-case

In short Natha bought the farm in October 2000. Kim offered his help by signing the property deeds and many of the students of Natha came to do voluntary work in order to build Bhoga into what it has become today. We trusted each other and each others word. Even though it was Kim Schmocks signature on the deed, we also trusted that 2 written agreements signed by Kim Schmock would be suffcient to ensure the integration of the project.

However after 5 years passed Kim wanted to move out and gradually he also became twisted claiming the whole farm as being his – since he had his signature on the contract.

The case was so obvious for Natha, that we filed a case against him in court which we expected to win since we had a clear agreement and since  Natha had paid all the running expenses of the place and was even building there for 5 years. A total of 2.8 millions which Natha has invested  in the place.

After careful consideration we have decided that  it is meaningless to continue fighting for Bhoga, a decision which also includes the advices of Grieg. The case was so clear that if we had had a fair trial we would have won it. Since we did not receive a fair trial to begin with, it would be highly improbable that we would get a fair trial by appealing it, not withstanding the economic risk of continuing to run the trial is great and also it would take energy and ressources from other valuable projects in Natha to run harmoniously.

For further information about the verdict of the Bhoga case trial click here:
http://www.mihaistoian.net/bhoga-case-after-court-verdict#more-6250
http://www.mihaistoian.net/bhoga-ashram-case

With the trial we stood up for Bhoga and the principal of truth and justice showing that it is unacceptable for one man to steal the results of the work of many people and we feel we have made our point. We fought with all the correct principles and methods and since the other side was not doing the same we are free to give them the full responsibility for taking what is not theirs and was obtained with fraudulent methods.  Kim Schmock has clearly stated that he is willing to take the karma of his actions on his shoulders.

With the odds against us it would be wiser for us to concentrate our efforts on finding and building up a new place, this time securing the papers in time and making better sure we never again attract a situation in which a person is tempted beyond his means in the same way Kim Schmock was.

To all of you – members of Natha, former members of Natha, friends of Natha and family members to members of Natha, all of you who have sacrificed your time, energy and ressources believing that you were working for a spiritual cause for the wellbeing of many and not for one persons personal profit  – we deeply appologize for our naivity.

You thought you were doing voluntary work for Natha and instead it became the profit of Kim Schmock which is regrettable for all of us.

We have all learned a lot about human nature and how personal interests can conflict with the general interest and by exposing all these facts in the public domain through the Bhoga case, we hope that in the future we will learn to do it better.

 

We look forward to finding a new and much better place for  Bhoga ashram to fulfil our vision for a spiritual community and retreat center for the common benefit of all.

 

On behalf of the board of Natha and the members of Natha Yogacenter

Amrita Hansen, Elodia Thallon, Florin Hiru, Selena Andersen, Mira Munteanu, Hans Hvass, Mariah Clairere and many others.
 
Courtcase - brief overview
Monday, 03 August 2009 11:47
There are no translations available.

INTRODUCTION TO THE OWNERSHIP CASE - Still running

Through the last past years there has been a conflict between Kim Schmock and Natha Yogacenter concerning the ownership of the property located on Møngevej 11, 3210 Vejby, in daily terminology called Bhoga. Since the acquisition of Bhoga in 2000, Natha yoga center has invested a lot of resources in the place, economic as well as human to build up the place, to run it and to continually improve the facilities so it could be used as Nathas course and retreat center. The formal owner of Bhoga, Kim Schmock had always said that he did not wish anything more than the expenses he had covered in the acquisition. In 2002 he signed a contract about this arrangement. Natha has during the years acted in full trust to the agreement and when Kim Schmock in the autumn of 2005 wishes to move from Bhoga he also sticks to the agreement. Sadly he deviates more and more in a couple of months from the original terms of Nathas taking over the premisis, so that his final sales offer was completely unacceptable for Natha, who had already invested 1,4 million kroner in the place, put in ca 20000 voluntary working hours to improve the buildings and facilities and who had supported the project in all kinds of ways. Therefore there is a courtcase running about the ownership of Bhoga.

We expect a "syn & skøn" (danish meaning "sight & evaluation") of the premesis at the end of 2009 so that the court can assess building work and papers and that the main case proceedings will start in the middle of 2010. Until then we hope you can help us as much as possible by giving us your declarations about how you have contributed to the building up of the place.

FIRST BAILEFF CASE

All of a sudden in the spring 2006, after the negotiations had broken down, Kim Schmock demanded that Natha pay 27000 kr per month in rent according to a contract that had already been terminated at a board meeting in Natha in the spring of 2004, a meeting in which Kim Schmock himself had participated. He demanded that unless Natha payed according to the (terminated) contract he would terminate the contract and throw people on the street. The case ended in the Baileff court, where Kim denied ever having been in Nathas board which is a complete untruth. Kim Schmock proves this himself in an interview with "Den Nye Dialog" from August 2006 which has the headline "Natha leader speaks out"!!! Inumerable witnesses, documentation and money flow etc prove that the renting agreement between Natha and Bhoga ApS was terminated in 2004, and thereafter the inhabitants of Bhoga have run the place and covered all the costs.

SECOND BAILEFF CASE

In February 2007 the baileff court in Helsingør determined whether Kim Schmock as he claimed, rented Bhoga to Natha or to individual renters. The inhabitants of Bhoga won this case as baileff judge Lotte Tvilling assessed that the case was so complicated that it was not for a baileff court to decide whether or not the inhabitants could be kicked out or not. Such a decision should be based on clear renting agreements which obviously cannot exist when the ownership question itself is uncertain