Good Morning Speakasians,
Uff!! What a frantic three days it has been. Even without any activity happening, it has sort of been very tiring, anxiety filled days.
I always keep on telling everybody that people should always keep their minds open and learn from everyday experiences and I for sure have learnt a lot in these three days, I will share my learning’s below.
First and foremost let me attempt to explain the Hon. Supreme Court’s Order dated 14th November, 2011.
Allow me to quote the opening lines of the Hon. Supreme Court’s order as follows
“We have heard the learned counsel for the parties. In our considered view, it is a fit case where a serious attempt should be made for an amicable settlement of the dispute between the parties through the intervention of a learned mediator”.
I draw the collective attention of all the panelists to the above and I infer as follows:
1. The Hon. Supreme Court feels that the SAOL matter is a dispute between the various parties.
2. The parties in the WRIT are:
a) The Panelists
b) Speakasian Online Pte. Ltd
c) Haren Venture publications
d) RBI
e) EOW
f) IT Dept.
3. Please note the Hon. Supreme Court has appointed a mediator and the Hon. Court feels that there is a need to seriously attempt for an amicable settlement. Important to note here is that the Hon Supreme Court has not considered this matter to be investigated in any way and simply feels that the dispute needs to be settled. In my opinion this changes the entire texture of the SAOL matter.
4. The Hon. Supreme Court was pleased to appoint a Hon. Mr. Justice R. C. Lahoti as the mediator in this case and was pleased to direct the parties to appear before the Hon. Mediator on 21st November, 2011.
Please understand friends that this date was fixed by the Supreme Court and is subject to confirmation of the Hon. Mr. Justice Lahoti ji. As per the latest information the confirmation has not been received and in all probabilities the first sitting will not be on the 21st November, 2011. I will inform all the panelists of the date as soon as it is fixed.
Uff!! What a frantic three days it has been. Even without any activity happening, it has sort of been very tiring, anxiety filled days.
I always keep on telling everybody that people should always keep their minds open and learn from everyday experiences and I for sure have learnt a lot in these three days, I will share my learning’s below.
First and foremost let me attempt to explain the Hon. Supreme Court’s Order dated 14th November, 2011.
Allow me to quote the opening lines of the Hon. Supreme Court’s order as follows
“We have heard the learned counsel for the parties. In our considered view, it is a fit case where a serious attempt should be made for an amicable settlement of the dispute between the parties through the intervention of a learned mediator”.
I draw the collective attention of all the panelists to the above and I infer as follows:
1. The Hon. Supreme Court feels that the SAOL matter is a dispute between the various parties.
2. The parties in the WRIT are:
a) The Panelists
b) Speakasian Online Pte. Ltd
c) Haren Venture publications
d) RBI
e) EOW
f) IT Dept.
3. Please note the Hon. Supreme Court has appointed a mediator and the Hon. Court feels that there is a need to seriously attempt for an amicable settlement. Important to note here is that the Hon Supreme Court has not considered this matter to be investigated in any way and simply feels that the dispute needs to be settled. In my opinion this changes the entire texture of the SAOL matter.
4. The Hon. Supreme Court was pleased to appoint a Hon. Mr. Justice R. C. Lahoti as the mediator in this case and was pleased to direct the parties to appear before the Hon. Mediator on 21st November, 2011.
Please understand friends that this date was fixed by the Supreme Court and is subject to confirmation of the Hon. Mr. Justice Lahoti ji. As per the latest information the confirmation has not been received and in all probabilities the first sitting will not be on the 21st November, 2011. I will inform all the panelists of the date as soon as it is fixed.
The Mumbai High Court PIL of AISPA was heard on 16th November, 2011. The company SAOL informed the Hon. High Court of the Supreme Court order. The learned Bench then asked the counsel for AISPA, why don’t you go before the Hon. Mediator now that the Supreme Court has appointed the mediator in your matter and as such the counsel agreed to withdraw the matter herein below is the order passed by the Mumbai High Court
“Allowed to withdraw at the request of the learned counsel for the petitioners, in view of the order dated 14.11.2011 passed by the Supreme Court in Writ Petition (Civil) No.383 of 2011”.
It is in our collective advantage that the entire matter be heard by a single authority under one jurisdiction and this appointment of the mediator under orders of the Hon. Supreme Court is that single platform which will give us a quick relief.
The Criminal PIL is still pending in the Hon. Mumbai High court and is now listed for hearing on the 23rd November, 2011. The Hon. Mumbai High Court was of the opinion that In view of the Supreme Court order nothing survives in the matter and this criminal PIL should also be withdrawn. The advocate wanted to seek instructions from the petitioner and the matter is now adjourned for one week.
I mentioned in my Video update, that I am amazed by the insight of some very cunning people and admire their vision to sense opportunity to make big money at whatever cost.
The matter has only turned corners with the Supreme Court order and these opportunists have sensed that now the Speakasia juggernaut is all set to take off or rather all set to take a rocket like vertical takeoff and you suddenly see these cunning people come out of hibernation and want to take centre stage.
I have received many phone calls and emails requesting me to let them join the committee. Some people wanted me to look at the possibility of being made an office bearer, I am sure these people want to become the president of AISPA. Gentleman we are very happy with our present President Mr. Melwyn Crasto, who bravely stood up against all odds in support and favour of the panelists when the going was tough. I remember when we were putting together the committee Melvyn and myself must have called up at least 50 leaders in Mumbai and all over the country who refused to expose themselves to the gaze of the authorities and wanted to remain safely in the background.
Since the beginning I have been advised by our counsel Mr. Ahmad Abdi sahib not to give updates or discuss the matter on the phone with panelists, he always used to tell me that people may not understand the actual essence of what you say and may spread misinformation which will cause confusion. His words have come true and I point out to my communication with one Mr. Prerak Singh. What I told him and what he understood and what he has written on the open forum is absolutely misrepresented, I do not wish to give any explanation but simply say that starting with immediate effect, I will not discuss the matter with anybody over the phone. I request the Panelists in general please do not waste your valuable time and money in calling me as I am not going to be discussing the SAOL matter on phone.
Once again I reiterate that this appointment of Hon. Mr. Justice R.C. Lahoti ji is a huge step in our favour this will see that all matters related to Speakasia will be heard and mediated on one single platform and suitably settled and reported to the Hon. Supreme Court for further disposal.
Last but not the least I wish to draw the attention of all the panelists that there is no need to appoint any advocate by anybody in this matter let me explain why:
The payments, whenever they start, either arising out of the EXIT OPTION or normal CASH REQUEST will be affected directly in the panelist’s bank account by electronic transfer like it was being done earlier. The Mediation by Hon. Mr. Justice Lahoti ji is for the entire Speakasia matter and not only for a handful of Panelists. The supreme Court will pass a suitable order as they deem fit after due consideration for the entire 20 lakh panelists and not for a select group of panelists and as such there is no requirement what so ever to engage any advocate or make any individual application to the mediator Hon. Mr. Justice Lahoti ji or to the Supreme Court.
I once again urge the Panelists in general do not get confused by the process. In the final analysis the company will surely come out victorious and soon the entire business activity will normalize and these past six months will be history and we will overcome this and forget it is as a bad nightmare.
“Justice is the constant and perpetual will to allot to every man his due”. --Domitus Ulpian
Have Faith, Have Patience, Trust Your Company.
Jai Speakasia,
Proud to be Speakasian
Ashok Bahirwani
Secretary
AISPA
