Updates From AISPA - Ashok Bahirwani (27 Apr. 2012)

Good Evening Speakasians,

While writing my update yesterday I realized that it was my duty to bring forth before the family the way the media works in a most irresponsible, malafide and motivated manner and indulges in malicious reporting.

The media organizations created a smoke screen of propaganda to facilitate the state to act against the company SAOL.

The media indulged in fantasizing the unreal and ventured into the fairy tale land of Alice in wonderland. By their fantasies and imagination, they spun a nightmare, a nightmare for more than 12.5 lakh Speakasians

Since October, 2010, Money Life started a malafide campaign by publishing various news items about SAOL on their website.

This was followed by similar campaign by Times of India and other Electronic News Channels against SAOL, in a very organized and concerted manner which had the effect of crippling its operations.

Money life started defamatory and misinformation complaint against Speak Asia Online Pte. Limited Singapore in the most malicious and malafide manner, which is evident from the contents of the material they placed on the website.

All this material was published at the behest and connivance of the EOW in order to damage the reputation of the said company which proved to be ultimately detrimental to the interest of 15 Lack panelists.

Allow me to demonstrate the malicious ways of the Media herein under:

· October 8, 2010: article published in money life authored by Money life Digital Team. (Build Up of the Malicious Campaign which resulted in Prejudicing the Media, Judiciary and the Authorities in general)

The very caption of the article "Another MLM scam in the happening, this time under the pretext of an online survey" is defamatory per se and stinks with malice and malafide intention.

This article has been written without verifying the contents and is primarily based on presumptions and surmises. The sole aim of the author is to damage the reputation of the company in the eye of public without any cogent evidence to support the claims made therein.

In order to create doubt in the minds of the reader, it is stated that the said company has changed its name 3 times over past 5 years and is blacklisted for non-compliance in Singapore. This statement is false to the knowledge of the author and has been made with malafide intention.

· May 19, 2011: article published in money life authored by Money life Digital Team. (Days before the RBI circulated the circular dated 23^rd May, 2011)

The heading of this article "Although prima facie the Speak Asia case appears to be fit for trial under the Prized Chits and Money Circulation Schemes (Banning) Act, the question is since it is not registered in the country, how and where the proceedings be initiated against the MLM company."

Here in her enthusiasm the author has stepped into the shoes of the prosecutor. This prima facie establishes the nexus and collusion between The EOW and Money Life.

The same article falsely predicts with malafide intent that enforcement directorate and income tax department could initiate proceedings against the company.

· June 2, 2011: article published in money life authored by Money life Digital Team.( Days before the PIL 30/2011 came to be filed in the Bombay High Court)

This article deals with the seminar which was held in Gurgaon sometime in May 2011. It states in bold letters "For the participants, the seminar was an enlightening exercise with super-normal returns that are never paid and attractively marked schemes like 'Speak Asia' that are most likely a repeat of hitherto shattered 'plantation' dreams that vanished without a trace."

This statement is a direct malicious attack on the company.

In another place it states with bold letters "Ms. Dalal spoke how to keep your money safe, which includes avoiding chain schemes like Speak Asia that is currently the rage." This statement shows the venom Mrs. Dalal has been entertaining against the company.

· June 16 and 17, 2011: article published in money life authored by Money life Digital Team.

Both these articles takes credit of exposing the scam relating to the company and reiterates that it hasduped people in general and that business of the company is sham and money circulation only.

In this article the team of authors has crossed all limits of malicious campaign by not only calling operations of the company as shady operation, but suggesting the authorities to inquire into the aspect of money laundering and terrorist funding.

It has also called the promoters of the company as shady. It claims that the company has looted millions of Indians everyday by Ponzi scheme.

· January 2 and 12, 2012: article published in money life authored by Money life Digital Team. (Just before the bail application of Mr. Melwyn Crasto)

In these articles attempt has been made to scare the panelists at large by stating that EOW is keeping strict vigil on several sites that promote and help communication amongst the Panelists.

It is pertinent to note that all the statements made in these articles are in line with the press statements of EOW Particularly with regard to Mister Colibri of Brazil.

All these reports are false and misleading just in order to get cheap publicity.

· February 1, 2012: article published in money life authored by Money life Digital Team. (Just before the February 6^th Matter in the Hon’ble Supreme Court)

Through these articles the authors has tried to create doubts about the intentions of the company in its effort to refund the money to the public through the process of mediation started by Hon'ble Supreme Court of India which is not only misleading and defamatory but contemptuous in nature since, the Hon'ble Supreme Court is seized of the entire matter and in its wisdom in has appointed former chief justice, Mr. R.C. Lahoti as mediator to resolve the entire dispute amicably.

Aispa’s message for the media borrowed from Jonathan Mayhew:

“Let us prize our freedom; but not use our liberty for a cloak of maliciousness”.

To be continued….

Have patience, Have faith, Trust your company

WE ARE COMING BACK

Morya…. Bhai Morya.

Jai Speakasia,

Jai Speakasia,

Jai Speakasia.

Ashok Bahirwani
Secretary
AISPA

Update from Corporate Marketing Team (26 Apr. 2012)

Dear Panellists,

As you are all aware that the company has been actively engaged in solving the current crises that it faces for the last eleven months. This journey has been long and tough and has brought out the best effort from all of us in combating the situation. We now do have reasons to believe that we should be able to resolve the current impasse soon.

As mentioned earlier, efforts are underway to open a permanent establishment of the company in India, so that it is able to re-start the business as a local entity in India, in accordance with the prevalent local laws.

In order to have a smooth and Hassel free re-start, we request you to kindly have the following documents ready as they will be required upon re-start of the business.

        a)    Name

        b)    Proof of Residential Address

        c)    Bank Account Details including Swift Code and IFSC Codes

Please do note that this only a preparatory exercise in anticipation of our business re-starts.  Once we get all the permissions from the concerned authorities, we will communicate with you for the next set of actions to be taken.

We once again thank you for your support to the company during this difficult period 

Warm Regards,

SpeakAsia Corporate Marketing Team

http://speakasiaonlinemarketing.blogspot.in/

Updates From AISPA - Ashok Bahirwani (25 Apr. 2012)

Good Evening Speakasians,

As we eagerly await the return of SAOL and restart of business we are also at the same time confused about various legal matters and most of us spend the entire day trying to analyze various court matters which only throw up more questions leading to further confusion and disillusionment. I attempt to bring to your attention a few court matters and the reality of Business Restart which in the final analysis is what majority of Speakasians are actually waiting for.

In the Andhra Pradesh High Court at Hyderabad the hearing in CRLP/10782 did not happen yesterday as the Hon’ble Judge was busy dictating a marathon Judgment and as such the hearing in this matter has been adjourned to Thursday the 26^th April, 2012. Earlier this matter was by mistake listed under the section FOR DISMISSAL. This clerical mistake has since been rectified.

I can sense that many Panelists who call me from all over the country are looking at the next date in WP 383/2011 with too much hope and are looking at the hearing of the 30^th to give them full relief and news of business restart etc; These Panelists call it the FINAL HEARING.

The most that should be expected is that the matter will move in our favor a couple of steps this in itself will be a huge achievement. These positive steps will help the process of EXIT OPTION to start.

We have seen in the past that the some sections of the media, be it the Print Media or the Electronic Media, gets into action on the day of an important Court matter or a few days before the date of an important hearing. Is this done with a clear malafide intention to prejudice the minds of the judiciary and the society at large against the company and against the business model of the company?

BE YOUR OWN JUDGE.

That this is an act of the highest form of contempt of court is quite evident from the stand taken by the Supreme Court in an unrelated matter of Sahara V/s SEBI matter, where the Supreme Court is in the process of setting up guidelines and standards for reporting on matters which are under investigation and sub judice.

I wish to forewarn this wonderful family of Speakasians that pay no heed to motivated news reports which may appear over the next few days. By now we have learnt to ignore such reports.

Our collective focus should be and I am sure is towards early business restart, I want to remind all of you the dialogue from the Shahrukh khan film Om Shanti OM “Agar aap kisi bhi cheez kho shiddat se chahte hai to poori kayanat aapko usse milane me lag jati hai”

We are too involved in trying to understand these Court Cases and we have completely forgotten the company official communication of the 3^rd April the company has informed us that they are moving towards a quick business restart and we should expect some positive news from the company sooner than later.

I once again wish to remind this entire family of Speakasians that the company is extremely keen to restart the business activities at the earliest.

What I understand from the company communication of 3^rd April is that the company is looking at the entire matter with the view of immediate restart of business and we are still stuck in debating amongst ourselves the various court cases.

Get up tighten your seat belts get ready for the kill, as per the company communication the company should be making the necessary announcement soon. DON’T MISS OUT ON THAT.

The company has left the court matters in the hands of a very eminent legal team and it has got involved on various other government forums trying to find ways and means of getting to restart the business which I am sure is the main interest of the majority of the panelists.

Zoom out your attention from the court cases, let that be handled by the eminent counsels who are doing the job very efficiently and we all should start reconnecting with our teams and start getting the teams together, once again remember “early bird gets the worm”.

AISPA is working towards providing you that platform where you can start meeting and connecting with everybody in a big way. Stay tuned and we will share with you the details of the event as it unfolds.

For starters let me give you a small hint. On 12^th May, 2012 AISPA is organizing an ALL INDIA MOVEMENT along with a noble social cause in association with an internationally renowned organization. Get yourself updated through your up lines and leaders. Like Melwyn ji says TAKE CHARGE.

Get ready to come forward and join hands in our march towards the return of SAOL and for restart of Business activity together we can and together we will I take this opportunity to once again share these famous words.

“We are bound to WIN… and we will definitely WIN”.

Have Patience, Have faith, Trust Your Company.

Proud to be a Speakasian.

Jai Speakasia,

Jai speakasia,

Jai Speakasia.

Ashok Bahirwani
Secretary
AISPA

Speakasia management behind the screen

SAOL Management has taken various steps from day one for the benefit of the panelists and kept speak asian family well informed about all progress.

May 2011 : Speak Asia did a press conference to explain their business model.

June 2011 : Wrote to ministries and RBI for business model presentation.

July 20011 : Given presentation to RBI.

August 2011 : Announced exit option.

September 2011 : Won the WRIT filed against RBI to change the circular which has taken speak asia name.

November 2011 : Filed an affidavit in supreme court of its intention to pay its panelists opting for exit option and for business restart.

January 2012 : Given an affidavit to Mr. Lahoti committee appointed by supreme court as mediator an affidavit to clear all dues of panelists and government agencies.

February 2012 : Deposited Rs. 50 crores with supreme court registry as surety with an affidavit to bring in more funds if required to pay dues.

March 2012 : Requested for website to ascertain dues and start payment process.

April 2012 : SAOL management is approaching to various agencies like ROC, MCA and all legal formalities are in process for PE in background.

Few points I like to convey you all my fellow Speak Asians :

1. Company will not go anywhere now that is confirm , so be confident and faithful towards our esteem company SpeakAsia Online (refer to last two updates of company on its marketing blog in speakasiamarketing.blogspot.com)

2. SC proceedings will give direction to the further cases of SAOL i.e; Mumbai & AP accordingly

3. Be United & respectful to every one who are working in our speak asians favour all over India.

PROUD TO BE A SPEAKASIAN.

Updates From AISPA - Ashok Bahirwani (15 Apr. 2012)

Good Evening Speakasians,

My days have suddenly become very hectic and surprisingly short. Coordinating with such a large team, of 31 committee and media committee members is a huge task, but I am enjoying it to the fullest.

Since my last update nothing much of any importance has happened to be reported but like they say “ afwaawo ka bazaar garam hogaya hai” loosely translated into English this means that “Rumors are spreading like wild fire”.

Some of our family members, in their quest to be hailed as the person who shared particular news first throw caution to the wind and share news which is not completely factual. What is the logic behind this, I don’t understand. We have seen News channels doing this for TRP, but why we panelists have to do this, amuses me.

These Rumor mongers fail to understand the ground reality. Their baseless rumors first raise the hopes of the panelists and when the announced events or dates do not materialize the hopes of the panelists are crashed resulting in their feeling disillusioned, angry and hopeless, in this state they start blaming the company and their up lines etc. The authors of such rumors get busy in searching for the next date, least bothered about the emotions of the panelists and they forget to even look at the damage they have caused or are causing.

We the panelists are normal people and most of us don’t understand law but all of us have started assuming that we are masters of law and based on hear say have even started discussing legal matters amongst ourselves like lawyers.

We reach conclusions and get confused and in this confused state of mind we go and put posts or comment on various forums, further confusing the readers on these forums. I wish to advice the family members that look at the positives, the company is communicating with us, instead of taking positives from the company communication we are living our lives surrounded by negative or baseless rumors.

The company in its communication dated 3^rd April, 2012 informed us that the company is taking many steps for resuming business and various steps have been initiated to establish the PE. The rumor mongers got into action and in their over fertile minds cooked up a fairy tale and started to spread rumors saying that the PE permission is ready and the letter will come by such an such date, they even went on to say that the office will come up in so and so location. Some of the panelists who are on their last nerves get hyper and when nothing happens then they get more depressed and spread negativity.

Someone using the ID Navniit Kkhosla has become active again in his new avatar as “A man of God”. This person has started to misguide our panelists. Please understand that this questionable ID Navniit Kkhosla is not a public spirited person and he is doing all this only to make money out of this entire exercise. There is no procedure for a common man to plead or “appear in person” for and on behalf of another person in the Supreme Court based on the strength of a Power of Attorney. The time limit of 20 days that he is professing is an example of how he is mischievously misguiding the panelists.

I wish to draw the attention of the panelists that the matter of payments under the EXIT OPTION is being looked after by the Hon’ble Mediator under the guidance of the Hon’ble Supreme Court and there cannot be a better or safer caretaker of our money.

On 11^th April, 2012, in the Bombay High Court the company WP 3210 and 3211 were supposed to be heard but was low on board at S.No 79. The board was discharged and the next date in this matter is now fixed for 10^th May. The courts discharge the board when they realize that they will not be able to hear all the matters so that it saves the time of the advocates and parties, such discharge of board is normal in our judicial process.

Let me summarise for the family the various matters that are pending in the courts as below:

Company Matters:

Andhra Pradesh High Court: CRLP 10782 / 2011 in this case the petitioners are Mr. Rajeev Mehrotra, Mr. Tarak Bajpai and 3 others, matter is scheduled to come up for hearing on 17^th April, 2012.

The main prayer as shown in the High Court site is “to quash the crime in F.I.R No.243/2011 on the file of the 1st respondent police”

Supreme Court: SLP (Criminal) 7509 and 7510/2011 is now posted for 27^th April, 2012.

This SLP (Special Leave Petition) was filed in the Supreme Court against the order of The Hyderabad High Court in the matter of FIR 30 of Vijayawada, which was subsequently transferred to CB-CID Hyderabad.

Bombay High Court: The writ pending in the Bombay High Court vide WP 3210 and 3211 of 2011 are for quashing of the Thane and Raigad FIR’s. This matter is now posted for 10^th May, 2012.

Panelists Initiated Matters:

Bombay High Court: WP/3611 of 2011 filed by AISPA for quashing of FIR 60/2011 of EOW filed under the complaint of Navniit Kkhosla, the investigations of EOW in the FIR is stayed under this Writ. The matter is now posted for 3^rd May, 2012.

Supreme Court: WP/383/2011 is scheduled to be heard on 30^th April, 2012. This Writ deals with the payment for the EXIT OPTION and the Hon’ble Supreme Court has appointed Hon’ble Mr. Justice R.C. Lahoti ji as a mediator in this matter.

Mediation Process: The Hon’ble Supreme Court vide an order dated 14^th November, 2011 had appointed Mr. Justice R.C.Lahoti ji as a Mediator in this matter. The court has asked the Mediator to ascertain the entire dues of the panelists wanting to EXIT and the Tax liabilities of the company.

Before the Mediator could ascertain the entire dues the company on its own accord has deposited with the SC registry an amount of USD 10 Million (Approx Rs. 50 Crores)

AISPA had conducted a question and answer session with our Adv. Ahmad Abdi Sahab and Abdi Sahab has reminded us in the end of the video that the speed of the SAOL matter is creating history of sorts and it is rarely seen that the matter reaches such an advanced stage in such a short time frame.

Some panelists have mistaken Abdi Sahab’s contention, and have assumed that the Web Site is with the Mediator. Mr. Abdi Sahab has in fact said that “the matter” related to Web site is before the Mediator and will be resolved by the Supreme Court.

All in all the entire matter is moving in the favor of the panelists and the resolve of the company to return back soon is amply evident by the letter dated 3^rd April, 2012.

“Rumors are like the leaves in fall, an attention getting brief entrance but they are destined to rot on the ground” ….M. D. MACGREGOR, A Trail of Envy

Let us all concentrate on positivity and leave the false rumors to rot on the ground.

Have Patience, have faith, trust the company.

Jai Speakasia,

Jai Speakasia,

Jai Speakasia.

Ashok Bahirwani
Secretary
AISPA

Update from Corporate Marketing Team (06 Apr. 2012)

Dear Speakasians,

It has been brought to our notice that information is being sought under the guise of our company on the following website:

http://www.customercarenumber.net.in/other-services/speakasia/

Please note that the company has not initiated this action and actively discourages the use of this website. We also request all our Speakasian members not to follow such mis-guided and motivated attempts to tamper with our prestige and reputation.

Warm regards,

SpeakAsia Corporate Marketing Team

http://speakasiaonlinemarketing.blogspot.in/

Updates From AISPA - Ashok Bahirwani (06 Apr. 2012)

Good Afternoon Speakasians,

The AGM held on the 31^st March was an eye opener for all of us and it was heartwarming to see that panelists from all over the country came in large numbers to show their love and support for AISPA.

A particular comment by a panelist caught my imagination and it dawned on me that in the days to come the responsibilities of AISPA were huge. This Panelist drew my attention that immediately after restart of business, which was our first goal, AISPA should lobby with government bodies to ensure that some sort of a regulatory body is constituted for the direct sales industry so that this industry which has the capacity to generate income for a huge mass of people is provided with the necessary guidelines, regulation and legality.

The hall that we booked had a capacity of only 300 persons but by the response of the panelists and from the confirmations received from all over India on the Email aispa.confirmation@gmail.com we were forewarned and we prepared ourselves for the eventuality of having a large turnout. This was in spite of us requesting the panelists from all over not to come in large numbers.

AISPA is proud to announce that we stood up to the occasion and most of the attendees were happy with the arrangements.

The entire details of the AGM will be uploaded on the web site www.aispa.co.in in a couple of days thru a fresh link somewhere next to the download membership form link on the home page.

I am pleased to announce here the Committee Members and the Media Committee Members and the Office Bearers of the Association as below:

Office Bearers:

Melwyn Crasto Mumbai President

Amit Sabhlok MP Vice President

Ashok Bahirwani Mumbai Secretary

Gurdeep Singh Punjab Joint Secretary

Nimi Kamboj Mumbai Treasurer

P. Arunachalam TN Joint Treasurer

Committee Members:
(In alphabetic order)

Abhishek Mishra UP

Damod Haran TN

Hemant Surryavanshi Maharashtra

Kishor Meswani Mumbai

Milind Dhaneshwar MP

Raj Shekar Naik Karnataka

Ravi Kadam Gujrat

Shemeer P.C Kerala

Sukesh Anand Rajasthan

Media Committee Members:
Melwyn Crasto (President) Mumbai Roshni Arora (Coordinator) Mumbai

Anand Prasad UP Saikat Majumdar Tripura

Deepanshu Varshney UP Sandeep Gupta UP

Dilip Chhatwani MP Sanjeev Khanna New Delhi

Hari Krishnan TN Sayed Yassin Karnataka

Kamlesh Patel Gujrat Vidya Mandvekar Mumbai

Priyal Verma Chatiisgarh Victor Mcfarlane Assam

Rahul Dhekle Mumbai Vikas Mahajan Punjab

Vineet Tiwari UP

3^rd April, 2012 was the hearing in the session’s court for my Anticipatory Bail and Mr. Melwyn Crasto’s relaxation of bail conditions.

My Anticipatory Bail application was adjourned to 3^rd May, 2012 and the learned Special PP under instructions of the Investigating Officer has given an undertaking to the court that the EOW will not arrest me until 3^rd May, 2012.

In Mr. Melwyn Crasto’s relaxation application the learned Special PP seeked time for filing the reply and this matter has been adjourned to 21^st April, 2012.

4^th April, 2012 in the Bombay High Court the hearing in WP 3611/2011 has been adjourned to 3^rd May, 2012 as the Hon’ble High Court is already on record stating as follows in the order dated 21^st March, 2012:

“Since the propriety demands that when the matter is pending before the Apex Court, this Court should refrain itself from passing any order”.

Once again the learned PP tried to misguide the court saying that they had verbally informed the Hon’ble Supreme Court about the matter and that they had filed an application in the Supreme Court.

To this our counsel informed the court that nothing of this sort had happened and the Hon’ble Supreme Court had adjourned the matter for three weeks on the request of the counsel for Income Tax so the issue of the EOW informing the SC, about the matter does not arise.

Moreover the affidavit filed by the EOW on the 29^th March deals with the Mediation Proceedings and does not mention the Bombay High Court matter at all.

The Hon’ble Judge informed the learned PP that he (the Judge) hopes that they will get the required clarification on the next date.

The Matter is now adjourned to 3^rd May, 2012 to be placed on the Supplementary Board meaning it will be heard in the morning session itself.

I can sense that the Panelists are getting anxious and are worried about the continuous adjournments and with the upcoming summer vacations they feel that the matter may get further delayed beyond June 2012.

I say there is no need to be worried about this, and please think positively if something happens in our favour on the 30^th April, 14^th May will look a long way off.

The company communicated through the official Blog spot on 3^rd April and started 4 Email Id’s for communicating with the Panelists. This is a huge movement and I am sure the panelists must have taken it very positively.

In this communication the company also informed us as below:

“The company has also initiated various steps for the resumption of our business. Dialogue with various departments and authorities is underway with regard to PE formation, statutory clearances etc. We would like to assure all our SpeakAsian Family members that we wish to quickly resume business once all the legal requirements are fulfilled”.

This statement by the company shows the resolve and the clear intention of the company to immediately work towards the restart of Operations, which I am sure, is the main objective and aim of majority of the panelists.

“Like stones rolling down hills, fair ideas reach their objectives despite all obstacles and barriers. It may be possible to speed or hinder them, but impossible to stop them” …Jose Marti

Have Patience, Have faith, trust your company.

Proud to be a Speakasian.

Jai Speakasia,
Jai Speakasia,
Jai Speakasia.

Ashok Bahirwani
Secretary
AISPA

Update from Corporate Marketing Team (03 Apr. 2012)

Dear SpeakAsians

Since the last update, there are several issues we would like to address and clarify with our valued panelists. It is important that you understand our position and the actions we are taking.

1. Media Reports

The Times of India reported recently that we have sister companies that have been investigated for fraud.  There is no truth in this and we categorically deny that SpeakAsia has anything to do with either of these companies.  The companies mentioned are Red Carpet and Index AdMatrix. As for Seven Rings International, they were the publisher of the E-Zine magazine which was distributed by HVP.  SpeakAsia has no interest, commercial or otherwise, in any of their operations.  The reports in the Times of India are false and seem to be motivated by certain vested interests.  We have, on more than one occasion, offered to clarify our positions regarding the various issues with the Times of India, but unfortunately, our offer was not accepted.

2. Exit Policy

As you are aware, we have submitted a list of all those members who have opted to exit to the learned mediator.  The Mediator, accordingly had instructed the EOW and Mumbai Police (which still had in possession our company’s data and server) to return the database of our members to the Mediator for the disbursement process to commence.  However, the EOW and Mumbai Police have filed an affidavit in the Supreme Court refusing to submit the data to the Mediator.  We have also filed an appeal against this action.  Once this issue is resolved, we will resume the process of implementing the exit policy

3. Resumption of Business

The company has also initiated various steps for the resumption of our business.  Dialogue with various departments and authorities is underway with regard to PE formation, statutory clearances etc.  We would like to assure all our SpeakAsian Family members that we wish to quickly resume business once all the legal requirements are fulfilled.

4. Contact with the company and officials

As you know, we welcome your feedback.  Because of the overwhelming amount of emails we received on our present email address, our responses to you have been far from ideal.  To remedy the situation, we have created exclusively for India more email addresses according to the regions.  They are:-

a.       India.north@speakasiamarketing.com

b.      India.east@speakasiamarketing.com

c.       India.south@speakasiamarketing.com

d.      India.west@speakasiamarketing.com

Please do note that when you are communicating with the company, kindly mention your full name, address, current contact number, your login id and the name of your immediate upline. This will help us in verifying your credentials.  Please also note that if these details are not given in your email, no reply will be sent to you.

Warm Regards,

SpeakAsia Corporate Marketing Team

 http://speakasiaonlinemarketing.blogspot.in/

Updates From AISPA - Ashok Bahirwani (02 Apr. 2012)

Good Evening Speakasians,

I was scheduled to update this family about the AGM held on the 31st March but due to the unexpected adjournment of the WP/383/2011 I am forced to take up this matter today, I will report on the AGM later.

The Writ 383/2011 came up for hearing today and was adjourned for three weeks on the request of the CBDT (IT Department), I wish to draw your attention to the order passed by the Hon’ble Supreme Court on 23rd February, 2012; the Hon’ble Supreme Court had ordered as below (reproduced herein below is the relevant part)

“Learned Additional Solicitor General undertakes to file an affidavit.. She may do so within a period of two weeks”. 

The Additional Solicitor General seeked more time to file the reply.

It also came to light that the “AFFIDAVIT IN REPLY” filed by EOW on 13th March, 2012 was pending in the registry for objections which they ought to have removed by now but failed to do so. Hence the affidavit in reply was not on record.

Any document filed in the court is subject to scrutiny and is checked for various parameters like content, format, Proforma, numbering etc. Whenever a document is seen to have any kinds of fault or shortcomings they are kept pending with the objections noted. The party then has to remove the objections meaning they have to make good the faults or short comings, once this happens the document is taken on record.

It has further come to our knowledge that the EOW has filed an unsigned Vakalatnama, for appointment of their counsel, showing the callous approach of the EOW thereby exposing their malafide intentions in delaying the matter.

It has further come to light that as per the orders of the Hon’ble Mumbai High Court dated 21st March, 2012 the EOW has not filed any application for seeking clarification from the Hon’ble Supreme Court.

I draw the attention of the family on the appropriate part of the order

“The learned Public Prosecutor can obtain clarification from the Apex Court”

I do not know what action the learned Public prosecutor has taken till date to obtain such a clarification.

Although it is a delay which is disturbing at the moment, keeping in view our immediate objective of EXIT. But our long term objective of business restart has actually got a positive moment today by the EOW’s stand and we will have to wait and see how the Mumbai High Court reacts to this delaying tactics of the EOW.

Our legal team has advised us to bring to the attention of the family that it will harm our unity and strength of the family if wrong dates are given out which have the danger of raising the hopes of the panelist and when these dates do not deliver the promised relief on that date it creates a atmosphere of mistrust and despair amongst the panelist family.

The problem is that once the hopes of the panelists are raised to a level of frenzy any further delay shatters their hopes and gives them a feeling of being victims of delay and they start blaming the judicial process or worse still the company and the intentions of the company. This is very dangerous for our unity.

We Speakasians have explicit faith in our judiciary and the judicial process. We should be proud of our judiciary; our judicial system is very vibrant and fair. I am sure that in the final analysis we will get justice and truth will always prevail.

I once again urge all panelists not to be swayed by emotions and please refrain from giving out updates based on emotional understanding of the law and the events. I also request all panelists to pay heed only to authenticated updates and not get swayed by rumors and falsehoods.

Speakasians allow me to draw your attention to a few basic issues. We have all been united together for a period of over 10 months now and we have seen how we have always got positive response from our courts. It would not be out of places to mention here that no court or no authority has as of date charged anything against the company.

I wish to draw your attention that the business of Speakasia has been stopped only due to circumstances and not because any authority has actually ordered the stoppage of work. The business has come to a standstill only because the website is not operational due the delaying tactics of the EOW. The EOW will not be able to delay the matter endlessly and the website will be given back to the company sooner than later.

History is witness that people only win with patience. The bigger the enemy more patient you have to be. Patience is a virtue which will help you tide over all difficulties.

“There are three secrets to managing yourself.

The first secret is to have patience.

The second is to be patient.

And the third most important secret is patience”

Dear Speakasians most of us are awaiting for the business to restart and to that end this delay of three weeks is of no significance. Let our vision be larger than the challenge on hand, it is only with positive thoughts that we will be able to win over this battle for our livelihood.

Have patience, have faith, trust your company.

Morya… Bhai Morya.

Jai Speakasia,

Jai Speakasia,

Jai Speakasia

Ashok Bahirwani,
Secretary
AISPA