Tuesday, March 13

Updates From AISPA - Ashok Bahirwani (12 Mar. 2012)

Good Evening Speakasians,

After a long and joyous festive period of almost 10 days the Hon’ble Supreme Court will reopen today.

It is also going to be a much awaited fortnight for us Speakasians as it marks the start of an event filled fortnight that we all have been keenly awaiting.

I list out the upcoming court matters for the Month of March 2012 as below: (in chronological order)

12th March 2012: In the Andhra Pradesh High Court CRLP 10782/2011 will come up for hearing. This is a case filed by Mr. Rajeev Mehrotra and others for quashing of the FIR No. 243/2011. The case is listed for admission.

13th March 2012: Mediation meeting before the Hon. Mediator, this is as informed by the learned PP Mr. Pandurang Pol to the Hon’ble Mumbai High Court.

14th March 2012: WPST 3210 and 3211 of 2011, filed by the company in the Hon’ble Mumbai High Court, for quashing the Raigad and Thane FIR’s. This has been listed at S. No 2 and should come up for sure.

15th March 2012: Hearing in the Mumbai High Court in the AISPA Writ 3611/2011. This is high on the supplementary Board and should come up for hearing in the early hours. Important to note is that an application has been filed in this matter to reinstate AISPA as Petitioner 1.

23rd March 2012: SLP (criminal) 7509 and 7510 of 2011 in the Hon’ble Supreme Court for quashing the Andhra FIR’s. This matter was before the Registrar earlier and will be listed before the Hon’ble court on this date.

Other Matters which may come up in this period:

SL/202/2012 in the Mumbai High Court in the matter of Speakasia V/s Multi Screen Media Pvt. Ltd & others (R.K.Laxman ki duniya matter)

WPL/444/2012 in the Mumbai High Court this is a fresh Writ by AISPA against the State for protecting its right to form and manage an Association.

WP/383/2011 may also come up for a hearing in the Hon’ble Supreme Court if the Hon’ble Mediator prefers to file his report before the Supreme Court.

All in all a busy fortnight ahead and we are all hopeful that we will surely get some break through and relief in some forum or the other.

Many Panelists continue to remain confused regarding the EXIT OPTION. On close perusal of the letter dated 1st March by the corporate team on the company’s BlogSpot, read along with the order of the Hon’ble Supreme Court dated 6th February, you will come to realize that the EXIT OPTION will be executed in the following manner:

The company is presently gathering information from various Panelists who wish to opt for the EXIT OPTION and the company has kept the window of EXIT open till the 31st March, 2012. On gathering the complete information upto 31st March, 2012 the company will assist the Hon’ble Mediator in ascertaining the actual amount due and payable to all the Panelists who wish to EXIT.

It will not be out of place to mention that to the best of my understanding the SAOL Website will surely be operative by then. Once the SAOL website is operational and login permitted all the panelists interested in updating their details etc will be permitted to do so.

The panelists who have earlier applied for the EXIT OPTION will also be given an opportunity to reverse their application if they now feel that they do not want to affect the EXIT.

On the final ascertaining of the total dues of the company in respect to the EXIT OPTION if required the Hon’ble Mediator will ask the company to bring in the additional money, as per the order of 6th February, 2012 the court has allowed the company to bring in such an amount within 15 days of such an ascertainment by the Hon’ble Mediator.

Once the exercise of EXIT OPTION is out of the way the company will surely focus all its energies on restarting the business activities which is the interest of the majority of the Panelists.

To summarise the road ahead allow me to draw out the road map in the following steps:

1) Data Collection of all Panelists wanting to EXIT upto 31st March 2012.

2) Return of the Website for login by the Panelist ASAP, I sincerely hope that the same is done much before 31st March, 2012.

3) Ascertaining the Amount payable by the company, to the EXITING Panelists and to the various Authorities, by the Hon’ble Mediator, should not take more than a week to 10 days.

4) If the outstanding is more than 280 crores (140 crores seized and laying on the shores of the country, an additional approx 90 crores expected as refund and 50 crores deposited by the company on and around 21st February) in all probabilities it is not, but for the sake of assumptions, let us assume that the company is asked to bring in some additional amount the company will have to bring in this money in April itself as per the Hon’ble Supreme Court order dated 6th February, 2012. Important to note here is that this amount of around 280 crores is sufficient to take care of more than 2 lakh 80 thousand EXITING Panelists and we all know that the number of panelists opting for EXIT is far less than the above figure.

5) Payments to Panelists opting for the EXIT OPTION in all probabilities will positively happen immediately after the above step.

6) Considering that all matters relating to quashing of the various FIR’s are slated in this fortnight and if we can have even one matter going in the favor of the company this will see the entire matter having a cascading effect positively in favor of restart of the business activities.

7) As per my best understanding I do not see too much time left for the restart of business and as I have some time back in one of my earlier updates explained how this hot air balloon of deceit and falsehood will spiral out with a simple prick of a favorable decision in the favor of the company.

Since August 2011 when AISPA was formed and Melwyn and I agreed to take up the cudgels on behalf of the 12.5 lakh Speakasians, this journey has been a journey of self realization for me, and I am sure it has been for Melwyn too as it has been for the entire Speakasian family. This may be one of the rare consistent fights put up by such a large group of individuals for their rights and for their livelihood.

The last seven months since AISPA was born, I can feel substantial growth from being a materialistic person to an evolved more spiritually conscious being. I can feel the love and affection of the 12.5 lakh Speakasians every moment, and this only motivates me to go on fighting for our rights and to protect the basic primary fundamental rights of the Speakasian panelists.

This period since August has helped me to awaken my antaratma and I feel so elevated and light, joyous and happy, I feel enveloped by love. Thank you Speakasia, Thank You Speakasians my personal physical effort has never given me such a huge ROI, this indeed is one great INVESTMENT and I am proud of this.

For the first time I end this update with two quotes, please read them together:

“A single event can awaken within us a stranger totally unknown to us.”…Antoine de Saint-Exupery

"What we think we become."… Buddha

It is our attitude that will help us change our destiny; it is our attitude that will help us seek the path to victory. History is witness to the fact that great victories have all been achieved only by the power of the people, this victory will also happen only because of the people who believe in the company. We Speakasians will win our beloved Speakasia back against all odds.

Morya… Bhai Morya.

Jai Speakasia,

Jai Speakasia,

Jai Speakasia.

Ashok Bahirwani
Secretary
AISPA