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
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
