Kaushik has filed multiple claims against Campion including charges of discrimination to the New Hampshire Human Rights Commission in 2010 but all the charges have been dismissed so far, Campion said.
"We'll go through the process as we're required to, and hopefully at the end, I can have him enjoined from any further charges and claims," Campion said.
Campion said he continues to accrue legal costs from the claims, but declined to disclose the amount. If Campion secures an enjoinment, Kaushik would not be able to take further legal action, Campion said.
"The enjoinment would be nice, and it's very frustrating to be continuing to face this," Campion said.
Kaushik who filed his original petition on April 2, 2009 alleged before the Grafton Superior Court that the Lebanon District Court prematurely issued the final order in his original eviction case, according to documents from the New Hampshire Supreme Court trial obtained by The Dartmouth. Kaushik told The Dartmouth that two outstanding hearings should have been held before his original eviction case was ordered closed.
"The defendant does not believe the file can/should be closed when there are hearing waiting to be scheduled [sic]," Nancy Tierney, Kaushik's attorney, wrote in a brief.
The Grafton Superior Court issued a summary judgment in which a judge decides a case without a full trial in favor of Campion, a decision that Kaushik appealed to the New Hamphshire Supreme Court, according to court documents filed on July 23, 2010.
Briefs for each party have been filed with the State Supreme Court since November, although the court has yet to issue a decision or schedule oral arguments.
India Queen was evicted from its South Main Street location after Kaushik failed to pay rent for "many, many months," Campion, the owner of Jaymark Properties, said in a previous interview with The Dartmouth.
Kaushik said he refused to pay rent because Campion piled snow onto the restaurant's patio in the winter, preventing his patrons from using the patio to smoke.
"I have people hanging out outside," Kaushik said. "But in the winter, people want to go out and smoke outside, but he piles more than four feet of snow out there, so we cannot use that place."
Kaushik alleged that the original court documents from his eviction case allowed for at least two hearings to determine cause for Kaushik's abatement of rent. These hearings were never scheduled or held, Kaushik said.
Kaushik also alleged that the judges who presided over his original eviction case Justices Lawrence MacLeod and Albert Cirone were biased against him.
"Judge MacLeod and Judge Cirone have declared this matter closed, and indicated they would not accept any additional pleadings," Kaushik read from the brief, adding that he thought MacLeod discriminated against him because of his race.
Kaushik's wife Savita Kaushik claimed that Campion unlawfully seized her property when India Queen was evicted from its South Main Street location.
"It's a totally specious argument it's silly," Campion said regarding Savita Kaushik's claims.
Frank Olmstead, Campion's lawyer, issued a series of interrogatory questions as well as requests to produce evidence legitimizing Savita Kaushik's claims to her attorney on Jan. 4, according to court documents obtained by The Dartmouth.
Campion previously told The Dartmouth that he allowed Bhavnesh 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 previously told The Dartmouth. 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 withhold rent and also neglected to pay his electricity and other utility bills for the restaurant, Campion previously 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 the attorney's withdrawal and "denied the motion to buy time" before the sheriff took possession of the property, Kaushik said.
Kaushik filed for the original eviction case to be reopened in March 2009, The Dartmouth previously reported.
MacLeod ordered the confiscation of Kaushik's family's passports following an unrelated case in Feb. 2009, Kaushik previously told The Dartmouth. Kaushik also wrote that MacLeod and Cirone presented him as a "TERRORIST who was terrorizing people" in court.
Kaushik said he filed another motion to reopen the case on the grounds of racism last February, but this motion was also denied.
MacLeod and Cirone could not be reached for comment by press time. Tierney, Olmstead and Lebanon District Court Clerk Dianne Carroll declined to comment.
