India Queen was evicted from its former location after Kaushik failed to pay rent for "many, many months," Jay Campion, the owner of Jaymark Properties, said in an interview.
The restaurant was closed by the Grafton County Sheriff's Department on Nov. 13.
Kaushik filed a motion to reopen the case on March 22, in which he claimed that Campion produced false evidence in the original trial, according to copies of the motion provided by Kaushik. Kaushik told The Dartmouth that the court did not give him an opportunity to pay the outstanding rent balance.
"[Campion] fabricated some papers that [said] I owe him $68,000," Kaushik said.
Kaushik said he was previously unaware of this debt and that he saw the papers for the first time five days before the hearing.
"Exhibits (evidence) were not based on Jaymark Properties' actual accounting records or Tax Returns," Kaushik wrote in the motion. "Most of [the evidence] was fabricated two months after the case was filed."
Campion said he tried to help Kaushik after he did not pay his rent.
"I did my best to try to help him survive, because I like having good tenants who are successful," Campion said.
Kaushik also said in the motion that the judges who presided over his case Lawrence MacLeod and Albert Cirone were biased against him.
MacLeod ordered the confiscation of Kaushik's family's passports following an unrelated case in February 2009, according to Kaushik.
"Judge MacCleod [sic] did not return [my wife's] passport [and] did not give any reason why he took it and under which authority he took it," Kaushik wrote in the motion.
In the motion, Kaushik wrote that MacLeod and Cirone presented him as a "TERRORIST who was terrorizing people" in court.
"It's unfortunate that [Kaushik] feels that he is being persecuted by me, as well as by the court," Campion said. "But really, nothing could be farther from the truth. I wanted nothing more than for [Kaushik] to be successful."
Campion said he allowed Kaushik to continue running his business after he failed to pay $61,000 in rent, but asked for collateral from Kaushik until the debt could be paid.
Kaushik offered Campion a house he owned in Lebanon that he claimed was worth more than $61,000, Campion said. Both he and Kaushik signed an agreement that established the house as collateral.
After Campion agreed to give Kaushik a "clean slate going forward," Kaushik continued to not pay rent, and also neglected to pay his electricity and other utility bills for the dining establishment, Campion said.
MacLeod rejected an initial motion from Kaushik to reopen the case and represent himself on the grounds that Kaushik already had legal counsel, although at the time Kaushik's attorney had withdrawn from the case, according to Kaushik. MacLeod "granted his withdrawal" and "denied the motion to buy time" before the sheriff took possession of the property, Kaushik said.
Kaushik said he filed another motion to reopen the case on the grounds of racism in February, but this motion was also denied.
Kaushik has since encountered health problems that have prevented him from pursuing the case further, he said.
Campion said he believes the courts decided the cases properly.
"I don't think the courts did me any special favors at all," Campion said.
Campion said he sympathizes with Kaushik, but is relieved that he is no longer a tenant on his property.
"I tried really hard to try to help him be successful, and I felt hurt by his actions and about his statements about me," Campion said. "Things did not end in a way that I felt was justified."
