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“Kabhi Dhoop Kabhi Chaoon”
We all were greeted by the most heartening update from the company through the company official Blog Spot where the company had informed us about the possibility of an early restart of business.
I reproduce herein below the extract of the company update for your ready perusal:
“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”.
I wish to draw your kind attention to the highlighted words. As I have mentioned in my earlier updates we as panelists should be concerned mainly about restart and for this we will have to depend solely on the company’s judgment and capability of making an early come back. History has been witness that the company has been ably advised by an eminent battery of counsels and we should feel secured with our matter in the safe hands of such luminaries.
I have repeatedly urged this wonderful family of Speakasians that we should stop focusing on the various court matters and pay attention to the lines as highlighted above which clearly inform us that the company in its wisdom has announced that they have reasons to believe that they should be able to resolve the current matter soon. The company further goes on to say that all efforts are underway to open a PE in India.
These statements by the company should be making music to our ears but we allow the cacophony of the various court cases to deafen us and not enjoy the music of these simple words.
Once again I strongly request all of you that just keep your focus fixed on business restart which the company has assured us in today morning’s letter. Remember the famous story of the Great Arjun and his focus on the eye of the bird.
Allow me to explain what has happened today in the Hon’ble Supreme Court in both the matters as under:
SLP (Criminal) 7509-7510 of 2011:.
If you remember in the last date of 23rd March, 2012 the Hon’ble Supreme Court has ordered as follows:
“Perused (Read) the letter circulated on behalf of the respondent (CB-CID). In view of the averments made in the letter, four weeks time is granted for filing counter affidavit”.
Simple reading of this order means that CB-CID made some statements which the court asked them to submit in form of an affidavit. CB-CID was to submit this affidavit today in the matter.
Today the Hon’ble Court has passed the following Order:
“Perused (Read) the letter. In view of the request made by learned counsel for the respondents (CB-CID), four weeks' time is granted for filing the counter affidavit”.
Simple reading shows that the counsel for CB-CID asked four more weeks to file the affidavit of their statements made on 23rd March, 2012. We can easily understand why the Counsel needs eight weeks to simply swear what they have stated in their letter. We Speakasians have borne the brunt of such time wasting tactics of the authorities before, haven’t we.
Although this means a delay in this particular case but like I have said earlier we need to zoom out our focus from the maze of Court Cases and concentrate on the restart of business.
WP 383/2011:
This matter was scheduled to be heard on Monday the 30th April, 2012. Now the Supreme Court Web Site is showing the next date as 13th July, 2012.
Allow me to explain what has happened:
Justice Dalveer Bhandari is in Hague to attend the election to fill the casual vacancy for Asia for the post of Judge of the International Court of Justice (ICJ) which was held today i.e. on April 27th 2012. Justice Dalveer Bhandari who is the third most senior judge of the Supreme Court is the nominee from India for this vacancy.
Because of this Justice Bhandari will not be present in the Hon’ble Supreme Court on Monday and naturally all matters which were listed before his lord ship are adjourned to the next date which is generated by the computer.
But the plan of action of the Counsels is that they will await his return to resume his assignment on Tuesday and then press for an urgent listing and hearing in the next week itself. I wish to draw the attention to a similar incident sometime before November when we got to know that the same matter was adjourned for after the Diwali Vacation but our able legal team had at that time also salvaged the situation and had pulled it back to our satisfaction and if I remember correctly it was in that pulled back date that the Hon’ble Supreme Court had appointed the Mediator.
So let us not get too perturbed with this sudden change in the date and let us all wait for Tuesday when we will finally decide what is to be done and if we have to see the past to understand the future then we should feel positive about the whole thing as when the last time the matter was pulled back we got a huge advantage when the mediator was appointed in our matter.
I once again wish to bring to the notice of the family that I have always maintained that legal battles are like roller coaster rides and are meant only for the brave hearts no wonder every roller coaster ride has a statutory warning at the entrance saying “people with weak hearts please avoid the ride” and I am sure all Speakasians are brave hearts and dabang.
So worry not keep happy, isko bhi dekh lenge, this shall also pass.
Have patience, Have faith, trust your company.
WE ARE COMING BACK
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