EOW Mumbai resume Speak Asia criminal case
With various courts being on holidays and what not it’s been pretty quiet on the ongoing legal battles surrounding Speak Asia.
As it stands now
- the Supreme Court had set a date of August 8th to settle the issue of payment to the 115 petitioners of writ 383
- the defamation case against Multiscreen Media is back in court on the 18th June (Speak Asia added SMS Satellite (Singapore) Pte Ltd. as defendant #6 on the 7th May)
- the defamation case against Star News seems to have been quietly dropped (unless I’m missing something?)
- Speak Asia trying to stop police investigations in the districts of Raigad and Thane are set for a decision on the 26th June
- The Andhra Pradesh court continues to give Tarak Bajpai’s case to quash a FIR against Speak Asia a low priority, with the latest hearing having been continuously pushed back for around two weeks now
- Speak Asia trying to stop the CID from investigating them in the Supreme Court is next due back in court on the 5th of July
and of course finally there’s the All India SpeakAsia Panelist Association’s (AISPA) writ 3611, which seeks to ultimately prohibit Mumbai’s EOW from investigating Speak Asia and its defacto management over at AISPA.
Under the pretense that the Supreme Court was going to address any legal matters both civil and criminal surrounding Speak Asia, AISPA managed to convince the Mumbai High Court to put a stay on the investigation and arrests in the case they were then in the middle of.
The stay was to remain in effect until clarification was obtained by the EOW from the Supreme Court as to whether or not writ 383 would have any effect on the criminal case the EOW were conducting.
Subsequently the EOW approached the Supreme Court and got their answer on May 10th:
(the) pendency of this matter (writ 383) either before the Mediator or before this Court will not hamper with the investigation.
Not surprising at all, considering the Supreme Court had never mentioned anything regarding criminal investigations or arrests under the Solomon James writ 383 hearings, a fact the EOW had maintained since March.
Although they didn’t have to, to clarify the matter with the Mumbai High Court the EOW filed an application to vacate the stay on their investigation on the 30th of May.
This application was heard three days ago on the 13th of June and resulted in the Mumbai High Court clarifying that
it has been observed that the investigation should not be hampered in any manner, which presupposes that the Supreme Court has permitted the investigating agency to continue with the investigation.
As such, if the above was true then ‘the question of vacating the stay order, granted by this Court, does not arise‘, meaning the EOW were free to carry on their investigation and had been since the Supreme Court clarified its position and made the May 10th order.
Not too happy about this and no doubt fearing the restart of the EOW’s investigation, AISPA’s counsel objected stating
that no such liberty has been given by the Apex Court and the investigation cannot be continued in the light of the stay order passed by this Court.
How AISPA’s counsel are asserting this when the Supreme Court clearly stated on May 10th that writ 383 ‘will not hamper with the (EOW’s) investigation‘ remains a mystery.
In any case, the High Court asked AISPA’s counsel to submit their asserting via affidavit and placed on the record and placed for hearing on the 18th June, this coming Monday.
Had there of been no objection on AISPA’s behalf the petition would have been disposed of last Wednesday, as the EOW’s stay vacation petition was deemed “unwarranted” by the High Court. This is due to the matter of the Supreme Court case affecting the criminal investigation being wholly clarified by the court itself, meaning there’s no stay on the investigation.
As unnecessary as it appears to be for the EOW to have approached the High Court with a stay vacation petition, one can imagine Ashok Bahirwani and the rest of AISPA management would have been parading down to the High Court wavings flags and banners proclaiming the EOW were in contempt of the previous court order had they not have filed the petition and simply resumed their investigation, so it appears to have been a bit of a lose-lose situation for the EOW. Better to be safe than sorry I suppose.
Writ 3611 is still slated for its next hearing on the 28th June so it’s unclear whether or not Monday’s criminal application hearing will officially count as the next hearing in the writ 3611 matter or if the two will be treated as separate cases (I doubt they will, seeing as the application seems to have been filed within the writ petition 3611 case itself).
In any case the EOW are satisfied the Supreme Court have given them their blessing with Additional Commissioner of the EOW, Rajvardhan Sinha announcing yesterday that “we have started our investigation again“.
Along with this announcement some other interesting fact pertaining to Speak Asia’s operations were also made public:
“We have found that the company tried selling its product under the banner of ‘Yug’ in Goa in 2010. Our probe found out that home appliances such as washing machines, refrigerators, televisions and other items did not belong to Yug but to other companies.
Some panelists had pasted the Yug sticker on the companies’ brand names, which is again cheating,” said Sinha.
Prior to this it has been widely put forth by Speak Asia’s management and it’s panelists that Yug was a German brand, despite nobody ever having heard of them.
Additionally,
the rented office of SpeakAsia in Andheri has been shut down and the police have seized two hard disks from there.
Although I’m not sure if that took place recently or not as it’s unclear exactly how long ago the EOW restarted their investigation, although one would assume it was shortly after the June 13th High Court hearing.
With the Supreme Court squashing AISPA’s position that they were going to sort out all criminal matters the EOW were investigating, as I see it there’s not much of a recourse left for them.
Back in April, through writ petition 666/2012, AISPA had attempted to restrain the EOW from ‘interfering in the affairs of petitioner No.1 (AISPA), in any manner whatsoever‘.
The Mumbai High Court however rejected this petition, citing that they were
reluctant to grant a general direction restraining the respondents (EOW) from interfering in the affairs and functioning of petitioner No.1 (AISPA).
The High Court also emphasised that the EOW were ‘always at liberty to carry out investigations and for the said purpose to seek information in accordance with law‘.
At the time AISPA were worried about the EOW looking into ‘the petitioners’ investments and mode of running petitioner No.1 (AISPA)‘. I believe the petitioners in this case included Ashok Bahirwani and other AISPA committee members, along with AISPA in general.
What the EOW were uncovering isn’t clear but keep in mind that this petition was filed on the 14th of March, before the EOW’s investigation was stayed by the court on the 21st of March and right around the time the EOW issued AISPA Secretary Ashok Bahirwani a notice of pending arrest (as required by the Mumbai High Court). I believe the notice to arrest Bahirwani was delivered by the EOW around March 17th (give or take).
With the EOW now free to resume their investigation it’ll be interesting to see whether or not they continue where they left off in March. At the forefront of the EOW restarting their investigation is of course the arrest of Ashok Bahirwani for his involvement in the scam.
Either way, whatever the EOW end up doing at the time of publication no affidavit has been recorded as submitted in the case of stay vacation (300/2012) under ‘Office Information’. This could however very well be due to the fact that the court records won’t be updated until Monday itself.
If indeed an affidavit has been submitted though, it’s going to be amusing to watch AISPA’s counsel present to the High Court on Monday that the Supreme Court are still handling criminal matters through writ 383, despite them clearly stating their case has nothing to do with the investigation(s) in plain English.
Between that and any news resulting from the restart of the EOW’s criminal investigation, it might turn out to be quite the interesting week in the ongoing Speak Asia saga.
Maybe we’ll even see another silly list of demands from AISPA trotted out that again never winds up being submitted to the authorities…
Stay tuned.
Update 19th June, 2012 – It appears two affidavits were filed on the 16th July and the next hearing has been set for the 3rd July, along with writ 3611.
Update: 2 affidavits filed on the 16th and a new hearing date set for the 3rd July along with writ 3611.
Speak Asia seems to be a dead issue now as corroborated by the following facts.
1. No body seems to be now interested in posting comments on developments regarding Speak Asia.
2. Effective June 01, 2012, Speak Asia has cut its Indian employee strength by 50%.
3. There is no direct communication from Speak Asia top management since last 6 months.
4. Fearing approaching dead end for Speak Asia and his imminent arrest by EOW, Ashok Bahirwani is now telling the panelists to look at alternative ‘legal’ MLM schemes.
5. Anjali Bahirwani has disappeared from the scene on fear of being arrested along with her husband.
so I think this delaying will continue for a year and company will be successful in making people forget their investment . May be that’s why agents are saying the company will be successful.
@Observer
You’re probably right, SAOL seems rather dead. But the low activity on this site is related to that we have very little NEW to write about. The topic will probably become active again if Manoj Kumar pops up in Mumbai. 🙂
Other than that, I can of course spread some rumours, copied from speakasiaonline.mobi today. I call it “rumours” because I didn’t find anything when I searched Bombay High Court:
Bahirwani & Crasto seems to be very eager in getting some court practice? I’m sure the training will become handy for later use, sometimes in the future.
Or they might of course use the practice for some “drama queen” competition or something. It’s often hard to see the difference when AISPA is involved.
I’ll still try and keep up with what’s going on, although it seems most people have moved on from the scam.
Anjali still tries to publish comments here but after her last tirade of abuse a few months ago I put her in the permanent spam bin. ‘The media are lying, everybody is lying, the courts are lying, Manoj Kumar is going to run for Indian President…’ that’s pretty much the gist of it and always has been.
This AISPA case, if legit, probably won’t go anywhere. To date anything involving defamation and Speak Asia has just flopped around. Their much publicised case against Star News has dropped off the face of planet and the case against Multiscreen hasn’t gone anywhere substantial in months.
I’m looking at it as AISPA just upset someone else is publishing information on what is happening in court and keeping people updated, without the Ashok Bahirwani ‘Jai Speak Asia’ spin.
More power to the TOI, one of the few publications still keeping with the story. Must be infuriating for AISPA after their press conferences that the only press organisation still bothering to report on the cases surrounding Speak Asia didn’t swallow their PR.
Here’s Bahirwani’s interpretation of the Supreme Court order, which is in plain English.
Irrelevant. AISPA argued that the Supreme Court were dealing with the matters the EOW were investigating. The High Court told the EOW to go seek clarification from the Supreme Court on this and the Supreme Court responded by saying their work had nothing to do with the investigation.
AISPA convinced the court to order a stay by misleading them with bullshit claims that the SC were handling the criminal matters the EOW were investigating when they weren’t. With the Supreme Court clarying this is not the case the EOW are free to resume their investigation, as per the Mumbai HC itself (“there is no need for a vacating stay application”).
Irrelevant. See above.
Irrelevant. See above.
Except that it does. It’s the apex court, as AISPA and Bahirwani likes to so frequently point out. The Mumbai HC has clearly stated there’s no need for a stay application if the SC case has no effect on the EOW’s investigation.
The SC has said it doesn’t so they’re free to resume investigating, as per the Mumbai HC itself. The EOW have publicly declared their restarting of the case and the Mumbai High Court has made no order against this or questioned the EOW on it, as they very well could have last Monday.
But anyway, put out a bullshit update, rally the villagers and file silly lawsuits funded by Speak Asia’s panelist money (if anyone thinks AISPA are bankrolling these lawsuits themselves they’re kidding themselves).
Jai AISPA, Jai horseshit, Jai Speak Asia etc. etc.
One more court order related to WRIT 3611/2011:
“List on Tuesday 3. July” (instead of 28. June)
Bahirwani is playing word games, trying to claim that each court is preempting the other. He first claimed that HC stayed the order because SC is investigating. When SC say “that had nothing to do with the investigation”, he claimed that HC did so NOT because of SC.
I think most SAOLers realized by now Bahirwani needs to have a colon cleansing.
Step 1: Convince Mumbai High Court that the Supreme Court is already handing the scope of the EOW’s criminal investigation.
Step 2: Get investigation stayed and the High Court to order the EOW to “obtain clarification” from the Supreme Court.
Step 3: Wait for the EOW to get clarification, stating that their case “will not hamper the (EOW’s) investigation”, meaning it has nothing to do with it, and then claim that this was just some random co-incidental remark that had nothing to do with the EOW or the stay on the investigation.
Also claim that regardless of what the Supreme Court says, they can’t “circumvent” the High Court’s stay. Despite the fact that the High Court only ever ordered a stay because you told them the Supreme Court was “handling” the criminal aspects being investigated… when they weren’t.
Round and round we go…
The AISPA case against TOI can be an advantage for EOW.
TOI was publishing news related with Speakasia not about AISPA. Whatever TOI published is called daily reporting of activity of police, they are merely stating EOWs investigation.
Speakasia is trying to delay the investigation against it and misguiding SC and HC using puppet like Bahirwani.
Wat i do understand is that this investigation might never be over because the main 2 people Manoj Kumar and Haren Kaur are absconding or in hiding and till they are available for questioning by EOW.
Haren Kaur it seems was only a puppet used to register SpeakAsia in Singapore as she is a Singapore national to make SAOL look like a international company run by foreign national.
Everything else was being run by Seven Rings and Melwyn Crasto was on board in Seven Rings so he must be one of those first panelist who has made crores and is now making himself look like a innocent panelist.
Bahirwani‘s link to Manoj Kumar and Seven Rings is there as lawyer Abidi of Seven Rings is same as AISPA‘s.
What i dont understand is why does the EOW get a order from court for arrest of Manoj Kumar or state him as absconder.
I hope the court allows the investigation to continue.
The Ministry of Corporate Affairs on MLM scams in India:
The full article can be viewed at: http://www.moneylife.in/article/set-up-inter-departmental-group-to-curb-mlms-says-eas-sarma/26555.html
Meanwhile, in Brazil:
http://www.otempo.com.br/noticias/ultimas/?IdNoticia=205000,OTE&busca=colibri&pagina=1
http://www.otempo.com.br/noticias/ultimas/?IdNoticia=206158,OTE&busca=colibri&pagina=1 (both links in Portuguese)
(OzEdit: Note that Google translate doesn’t work with the two links so you’ll have to use Google Chrome to translate or something else)
Thanks for the updates guys. Reading up on Mister Colibri is like having an extreme episode of Speak Asia dejavu.
No advertisers, paying weekly returns with new member money… from Indai to Dubai to Singapore and Brazil, Seven Rings must truly think the world is gullibly stupid.
So Mister Colibri has changed the business model, paying out virtual points instead of cash?
People will still have to pay money IN, and the system itself doesn’t have any external sources for revenue, like real advertisers paying for the ads people have to watch. So the main part of the business is meaningless, the same as it was in SpeakAsia with the fake surveys.
It will also mean that people who joined the business early have had better conditions than people who joins it now. They were able to cash out the money they earned for a long period of time, but people who joins it now will have to accept loyalty points.
So the business model has become less attractive for people to join, unless they are heavily focused on recruitment and are able to attract a downline.
This should also be of interest for SpeakAsians? The recruitment of new participants to Mister Colibri has seriously slowed down when they tried SpeakAsia’s new business model in Brazil.
The estimated number of members in December 2011 / January 2012 was around 60,000. Six months later they have doubled that number, which means an average member only have managed to recruit ONE new member in six months. You don’t earn much binary commission if you only recruit 2 new members per year.
This business model didn’t look very attractive to me as an income opportunity. Most participants will have to pay more money IN than they can get OUT.
Mister Colibri is basically a clone of Ad Surf Daily in the US, shut down in 2008: Watch ads and be rich… yeah right. You need to “buy ad units” first. JUST LIKE ASD.
One of the reasons why I don’t consider this to be an attractive income opportunity is because of the tax rules in Norway. Salary received as products will also be taxable.
It looks like Mister Colibri tries to use SpeakAsia’s new business model, where they pay out 20% in cash and the rest in “points” that later can be redeemed as products.
In Norway, I would have to pay income tax for the products too. So it wouldn’t be OK for me to receive payment in products.
So if they had paid me $50 per week for watching video ads, where only $10 could be withdrawn as cash, and $40 had been paid as “loyalty points”, at the end of the year I would have had a taxable income of $2600, where only $520 was paid in cash and $2080 was paid in products. And my initial investment would probably have been more than the $520 they pay me in cash.
Mister Colibri has clearly become less popular in Brazil. They were growing rapidly when I checked in December 2011, but in the following 6 months people have hardly been able to recruit anyone at all. The top recruiters have probably made money, but most participants haven’t.
…so time for Seven Rings to hire Phoenix Legal Brazil and start suing the government then?
Why wait for the authorities to start their investigations before you sue them and try to stop the cases… just save time and take them to court now before they’ve even started.
Thought this was so embarrsingly reflective of those still refusing to believe the Kumar and Kaur haven’t run off with their money that it was worth preserving:
Loonie tunes mobile to aisle 3 please…
Source: http://speakasiaonline.mobi/2012/07/01/i-am-only-here-to-win/ (it’s so embrassing that Speak Asia Mobi have set the entry to “private” so it doesn’t appear on their main website).
Will company restart its business after 8th aug.
In all likelihood, no.
@Bharat Pradhan
We don’t know what will happen on the 8th of August, but it’s scheduled to be the final hearing in the Supreme Court.
The mediation in the Lahoti Committee was only about payment, for the 115 petitioners in the “Solomon James & Others” OR for “all the other panelists”.
I don’t BELIEVE we will see a restart, but I’m not sure. We have too little information from the Lahoti Committee meetings to be sure about anything.
When it comes to business restart, the new business model doesn’t seem to be very successful as an income source. It looks like Mister Colibri in Brazil have tried this business model partially (paying in points, but they haven’t got the products in place yet). And Mister Colibri seems to completely have lost its momentum, and slowed down in the last 6 months.
It’s difficult to attract new members when they get paid in products instead of money, so the new business model isn’t very attractive for most people. And the old business model was an obvious scam. So I would have preferred to get my money back, even if they only had offered me a part of the money.
It’s something from some “Self empowerment” or from a poem/”mantra”, heavily modified to become a SpeakAsia version.
This line clearly comes from some “self development mantra”:
Here’s something similar found on the internet:
Part of it seems to derive from a poem rather than from some self motivation mantra. Usually it makes some “meanings” for the person who writes it.
“Living an epic adventure” 🙂
It seems that there was no progress in the Bombay High Court on 03.07.2012 as the main Criminal Writ Petition 3611/11 was not listed. It will be heard on 18.07.2012.
Hence:
Crimnial Application – 118/12 – for impleadment of AISPA in its modified form was posted for hearing on 18.07.2012
Crimnial Application – 300/12 – for vacation of stay was posted for hearing on 18.07.2012
Crimnial Application – 322/12 – for contempt proceedings against various parties including Police officers was also posted for hearing on 18.07.2012
It seems that Criminal Writ Petition 3611/11 may not last very long.
I have not received a copy of Crimnial Application – 322/12 – for contempt proceedings against various parties including Police officers. However it will be interesting to watch the proceedings in this application. It may throw up a landmark judgement.
Thanks for the update Navniit. Looks to be more time wasting by Bahirwani and friends as he tries to put off being dragged in by the EOW.
Seems to be that the High Court isn’t going to clarify their personal stance one way or another until July 18th now, and the EOW seem content to sit back and let that date roll around rather than risk pre-empting their response, despite the Supreme Court’s obvious clarification.
I suppose time is on their side so we’ll see what happens. The Supreme Court Speak Asia vs. CID case is back in court tommorow so that could be interesting considering the CID investigation is the one with the most far reaching implications (Interpol, tax, fraud etc. etc.)
The Supreme Court has given the CID an additional (final) four week to reply an affidavit reply to something.
New date: 9th August 2012.
Let me start with an interesting question – “Is it possible to arrest Mrs. Renu Sharma wife of Manoj Kumar?”
Why not?
When sometimes ago she was arrested at the airport some people made so much fuss about it. It appears now that she was working with these (see below) people actively in their business (scams). As per the MCA record she was also a director in Tulsient Information Systems Pvt. Ltd.
It looks like this gang of cheaters is working together from/before the year 2003.
Gerard J. Wessil, Monique Françoise, Ram Niwas Pal, Manoj Kumar, Rajah P Jain, Renu Sharma, Rajiv Mehrotra were listed as board member for Mango Business (India) Pvt. Ltd Operated between 2003-2006. Their legal advisors were Mr. Ahmed Adbi, Mr. Kedar Goel.
These names can be verified on government record CERTIFICATE OF INCORPORATION U 29301 MH 2003 PTC 143206
websites: http://WWW.MANGOUNIVERSE.COM, http://WWW.MANGOCOMMUNITY.COM, http://WWW.MANGOCONSUMER.COM
No wonder if address and phone numbers in following matches with other scams and fraudsters.
Following details can be found on the MCA (Ministry of Corporate Affairs) list.
One more company may be involved with these scams VIDEO TECHNICA PVT LTD, Bangalore.
I have posted so many names of people and business entities that can be linked with speakasia scams on Behind MLM. (If someone can use it)
http://web.archive.org/web/20051220001743im_/http://www.mangoconsumer.com/images/Certificate.gif
http://www.tulsient.com/distributorinformation/application-form.doc (This link can be deleted by these people after some time)
http://www.tulsient.com/Mangocasestudynew.pdf (This link can be deleted by these people after some time)
Hi Oz, Chang Andy, Observer..
This silence about SAOL is deafening. I mean no news at all on any front. Just bits and pieces on speakasia-mobi or so. I am most surprised to see that EOW has not moved a bit on nailing the culprits.
I have been reading behindmlm for a long time now and this is the longest duration of silence on SAOL activities here. Seems like the devious plans of Manoj Kumar etc.. has succeeded. The Bhairwanis have finally managed to silence the Panelists to a whimper.. and they too are very tired and MOVING ON..
These guys will have their cake and eat it too. Somebody ought to take EOW to task and hold people on accountability and RTI etc…
Hands of justice often moves slowly… esp. when slowed by the people it is trying to protect. But when it moves… it really shakes things up.
So have patience. You need faith in your GOVERNMENT, not in some random scam.
I hear you loud and clear Mr Y. I’m still following the court cases but until something substantial happens there’s not much to write about.
Ponzi schemes are still illegal in India, Bahirwani is running around telling everyone it’s going to be ok, no idea what the police are doing (other than rocking up to court as required) Mand anoj Kumar and Harendar Kaur are sitting on a beach somewhere drinking martinis and enjoying their panelist funded retirement.
The CID might finally play their hand on August 8th in the Supreme Court. Other than that between now and then it’s all up in the air.
By looking at the scale these scams are executed I think EOW don’t have enough resources and authority to handle the case (entirely). May be CID can do something about it.
I want to add one more country to the list. Monique Françoise & Elia De Prisco were active in Netherlands. I was unable to get any information due to language problem (Dutch I guess).
Criminal Writ Petition no. 3611 of 2011 was listed for hearing at no. 56 on the Daily Board and came up for hearing when the Court was ready to rise for the day – about 5.00 pm.
Owing to a lack of time the case could not be taken up properly by the Bombay High Court. However the Court declined to accept AISPA’s counsel’s plea to adjourn the matter to a date after 8th August, 2012. Civil Writ Petition no. 383 of 2011 is to be heard by the Supreme Court on 8th August, 2012. The Court adjourned the matter to 3rd August, 2012.
I have learnt that the Criminal Writ Petition, the Application for removing the stay on the investigations in view of the Supreme Court as well as the Contempt Petition against the Addl. Commissioner of Police, EOW, Mumbai Police, the Investigating Officer and Mateen Hafeez of the Times of India, amongst others, have all been adjourned to 3rd August, 2012.
Gee, AISPA trying to delay hearing dates… who’da thunkit?
Cheers for the updates Navniit.
This is all what is being spread on facebook pages
SpeakAsia PIL adjourned:The Bombay HC on Wednesday asked A-G Darius Khambata to list other complaints against SpeakAsia and adjourned a petition seeking quashing of the probe to August 3.
Seems everything pushed to August.
Given the state of Indian courts adjournment do seem to be the norm instead of an exception, but then I haven’t observed it long enough to form a definite conclusion.
MoneyLife has come out with this article
“SpeakAsia and AdMatrix: The gang of MLM operators”
http://moneylife.in/article/speakasia-and-admatrix-the-gang-of-mlm-operators/27075.html
They have taken help from above mentioned information on behindmlm.
By seeking adjournment of Criminal Writ Petition no. 3611 of 2011 after Civil Writ Petition no. 383 of 2011 to be heard by the Supreme Court on 8th August, 2012, AISPA is following Speak Asia’s strategy of dragging on the Court cases as much as possible.
The High Court has cleverly adjourned the matter to 3rd August, 2012 so than any query raised by the High Court will have to be referred to the Supreme Court on 8th August, 2012.
It appears that the Courts are getting fed up with Speak Asia / AISPA’s tricks of filing frivolous cases to keep the matter entangled in lengthy legal procedures.
What happened to “swift justice so we can restart this thing” rhetoric? 😉
Yeah it’s pretty obvious they’re just wasting time now.
I read Bahirwani’s latest update and AISPA are still telling the High Court that the Supreme Court are going to address everything and superceede the criminal investigations.
They’re now going to waste the Supreme Courts time with this:
No doubt they won’t be impressed that their clear statement on writ 383 having no bearing on the EOW’s criminal investigation needs to be re-explained to AISPA.
What happened to all the passionate defense of the online survey business model of Speak Asia. We are approaching the first anniversary of the registering of FIR no. 153/11 later renumbered as CR no. 60/11.
After the admin of behindmlm published that Anju was related to Ashok Bhairwani there has been a decline in the number of the participants as well as intensity of the debate and now it seems to have gone into coma.
@Navniit
Anju’s comments just get sent to the spam bin now after she spat the dummy and kept trying to publish abusive comments over and over again. That she hasn’t tried to leave a comment for a few weeks.
Everybody else seems to have just quietly got back on with life. As time goes on there’s only so long you can live without an income.
Meanwhile Speak Asia continue to plough who knows how much panelist money into trying to make Ponzi scheme’s legal in India and Manoj Kumar and Harendar Kaur are sitting on an island somewhere living it up.
Who knows how or when this will end.
Here is the latest update from mobi-club
I don’t even want to know what’s their next step is.
I suppose if suing the EOW doesn’t work AISPA could always try sending them another charter of demands:
‘Make Ponzi schemes legal OR THE PUPPIES WE ADOPTED GET IT!‘
If no one is here to debate, what would we comment on. We are still pursuing the case with the same zest but a lot has already been written on this, hence this silence. Let the action begin on pending court cases and you will see action on this site as well.
I don’t think there’s much to debate really. The absurdity of pushing court cases to try and legalise an obvious Ponzi scheme speaks for itself.
Action wise if something of relevance ever goes down in court then I guess we’ll have something to discuss.
Till then…
Sanjeev, do you think SpeakAsia will give survey income?
They changed their business model long time back after it was reported that they dont have survey clients which means they were ponzi scheme rolling money of new comers to old ones but now that has all changed to RPs. Even Manoj Kumar before absconding last year told media they dont guarantee x payment when someone enrolls.
Forget this do you still beleive Manoj Kumar who was also in Mango Universe before they shut and the money dissappeared?
Dont you realise Sanjeev this is a gang of Mlm leaders like Manoj Kumar, Pal Brothers etc behind Admatrix and same guys behind SpeakAsia and Manoj Kumar infact is also part of Mister Colibiri which quickly changed their business plans after it was reported they too dont hv clients which they claimed BMW, Coke etc were their clients.
They also are not giving cash anymore for watching advts as they were earlier & now people hv to buy cheap chinese goods with 80% cash & 20% RPs.
Even after knowing history of Manoj Kumar you still believe you will get survey income?
Haren Kaur was a front end to speakasia just to register a company in Singapore as she was a singapore national. After SAOL was exposed she has never been in picture it is all Manoj Kumar and his lawyers Abidi, remember he was also in Mango Universe?
And since they have lots of Money this time they hired a bigger legal firm Phoenix Legal.
If you still beleive in Manoj Kumar then no one can help you in believing you have been conned.
@Sameer
Sanjeev is a member of some committee in AISPA. Most of the AISPA members (we know names) are senior panelists. I have traced some guys from AISPA involved with other scams. So no use to talk with him until he post some information instead of acting as a proxy for Anju.
Andy – first of all please define what is a Senior Panelist and then we can debate further.
Why not Sameer? If the company had to run away it would have run away. We have only one solace that till the time company is alive and fighting court cases we can always wait for the judiciary to give decisions in panelist’s favour.
And your style of questioning impressed me. At least you are now sure that company is coming back?
The business model change was already on the cards and the same had been shared with many panelists during Torch Bearer Meets and GenX much before the media brought this case into limelight. Hence this question of yours is not relevant.
Lol, business model.
SpeakAsia had a banner on the website which stated Asia‘s biggest online survey company, which was removed after it was shown on news they dont have any survey clients.
So it means you knew it was all fraud as you are claiming it was reported to many panelist, were this the same senior panelist who were involved in the fraud and earned crores like Melwn Crasto who is on management of seven rings and is now claiming himself as innocent panelist?
Andy is right about senior panelist, there were around 160 such who spread this fraud by saying tata, icici etc were their clients.
Fighting a case does not mean they will pay Rs 2400 Crore survey income that business model of survey income is all gone and new bisiness model states panelist get RPs not cash and your own boss Manoj Kumar stated during TV interview news we dont guarantee any X payments or you will earn 52k a year when someone enrolls after paying 11k.
Completely different statement from a very old joinee ie panelist who approached me in Mumbai and explained about surveys and recruitment and said had earned 3 million indian rupees in past 5 months and the guy switched off his cell ever since May 2011 and his nos were all changed as both his cell nos were switched off.
So according to you Manoj Kumar is a hero and a conman of Mango Universe, Seven Rings International involved in frauds of Admatrix and Mister Colibiri.
U be happy in your dreams that speakasia will restart and pay everyones survey income that too without having any survey clients to pay hefty 80 to 100 crore per survey.
No you tell me how many AISPA members are also speakasia franchise.
These franchises and top leaders are trying to stop the investigation using AISPA in the name of the panelists. Who will be benefited if investigations stops?
Following is the real picture
On the quote of my comment, now there’s a Step 4.
Step 4. When steps 1, 2 and 3 fail, tell the Mumbai High Court you want to go get clarification from the Supreme Court yourself because you didn’t like the clear and consise answer they gave the EOW.
Thus wasting even more time, because the Supreme Court is going to tell you the exact same thing they told the EOW:
Crystal clear, unless your AISPA or Speak Asia management and are deterimined to waste time. Maybe after they get their reply, AISPA can sue the Supreme Court too…
Speakasia original income plan is still visible
http://test.speakasiaonline.com/compensation.aspx
http://test.speakasiaonline.com/faq.aspx
We already know this but here are some interesting stuff.
Products? Subscription?
Not doing any business in Bangladesh? Huh…
Recruitment…
The following is the record of the proceedings in the Supreme
Court of India in Civil Writ Petition No. 383 of 2011:
ITEM NO.MM-1 COURT NO.12 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
WRIT PETITION (CIVIL) NO(s). 383 OF 2011
SOLOMON JEMES & ORS. Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(With appln(s) for impleadment, directions, intervention, stay,
impleadment,permission to file rejoinder affidavit)
Date: 27/07/2012 This Petition was called on for mentioning today.
CORAM :
HON’BLE MR. JUSTICE K.S. RADHAKRISHNAN
HON’BLE MR. JUSTICE DIPAK MISRA
Mentioned by the Applicant: Mr. P.S.Patwalia,Sr.Adv.
Mr. Anil Kumar Tandale,Adv.
For Petitioner(s) Mr. Sushil K.Tekriwal,Adv.
Dr. Mamta Tekriwal,Adv.
Ms. K.V.Bharathi Upadhyaya,Adv.
Mr. Rajeev R.Raj,Adv.
Mr. Jitendra Mohan Sharma ,Adv
Mr. Amit Anand Tiwari,Adv.
For Respondent(s)
Mr. Vikas Mehta,Adv.
Mrs Anil Katiyar,Adv.
Mr. H.S. Parihar,Adv.
Ms. Asha Gopalan Nair,Adv.
UPON hearing counsel the Court made the following
O R D E R
List on 8.8.2012.
[SUMAN WADHWA] [RENUKA SADANA]
COURT MASTER COURT MASTER
I have learnt that in the hearing in the Bombay High Court on
18.07.12 the Court declined to accept the plea of the AISPA
/ that the Court should wait for a clarification from the
Supreme Court and hence adjourn the matter to after
08.08.2012.
Now the Supreme Court has reaffirmed that it will not take up
any matter before the hearing fixed on 08.08.2012.
I am sure that both the High Court and the Supreme Court will
pass appropriate orders in the facts and circumstances of the
case.
“Never ask a court for clarification”. 🙂
But he’s basically saying “It will be up to the lower court to decide whether the stay should be lifted or not. This court will not interfere with that decision”.
1. The stay was ordered because of statements from AISPA, about that the Supreme Court and the mediation process was handling the total SpeakAsia case, both criminal parts and other parts.
2. The order from the Supreme Court then stated “We will not hamper with the investigation of a criminal case”, telling the lower court that using SC as an argument for a stay didn’t hold water.
3. AISPA then asked for further clarification from the Supreme Court, when the stay was about to be lifted. I haven’t read that order, but I’m assuming it from the current order.
4. The Supreme Court then reaffirmed (now) “It will be up to the lower court to decide, and we will not interfere with that decision (it’s not a part of the case we are handling)”.
So the stay will probably be lifted in the next hearing in the High Court, if I have interpreted it correctly?
Speak Asia / AISPA’s strategy to create confusion by playing one Court against another has backfired miserably as both Bombay High Court and Supreme Court have refused to postpone / prepone the respective next hearing dates to suit Speak Asia / AISPA’s objective of delaying the legal process.
Next two weeks may be decisive to turn the tide conclusively against the scamsters.
What I find ludicrous is that of Bombay High Court unable to interpret what has been stated by the Supreme Court.
If the Bombay High Court had interpreted it clearly it would rubbish the argument put forth by the defense of AISPA and got on with providing its judgment instead of postponing the matter to another date.
No wonder Courts in India have millions of criminals and civil suits piled up.
@Sanjeev Khanna
Sanjeev can you explain this levels
1- Kohei 2- Senpei 3- Sensei 4- Seihan 5- Henchi 6- Yokozuna 7- Samurai
This is what speakasia has to say about the levels.
See how many members of AISPA are team leaders. Melwyn Crasto is also mentioned as AM.
This Team BizBasket indicates that TBB, AISPA, franchises and speakasia team all are working independently. Who knows?
indiafranchisees(dot)blogspot(dot)in – Franchise details covering all the franchise
We’ve been saying it all along and now here’s some proof, AISPA’s lawyer Abdi working for Speak Asia (Manoj Kumar).
Speak Asia filed a notice of motion against the RBI (CHSWL/209/2012) on the 24th July using AISPA’s lawyers Abdi and Co. AISPA are not a party in the case and have nothing to do with it (officially anyway… despite the fact they’ve been running Speak Asia in India for months now).
Guess it’s easier if they just all use the same lawyers to file lawsuit after lawsuit. Either that or Kumar doesn’t want to spent his loot on Phoenix Legal anymore…
All that’s left is for someone to find a photo of Bahirwani, Kumar and Bajpai in bed together. Anyone?
Here is another proof that Melwn Crasto was area manager of SpeakAsia meaning a senior panelist who must have enrolled a huge downline and made lakhs of Rupees if not crores and does not want investigations of EOW to proceed as the EOW is aware that this survey income fraud has involvement of 150+ senior panelist who knew this was a recruitment scam.
harsh-speakasia.blogspot.in/2011/05/this-numbers-will-helpful-if-speakasia.html
Melwn Crasto‘s and Abhishek name appears there. They started AISPA to save themselves by claiming they are innocent panelists and not for the benefits of those panelists who lost their money in this recruitment scam.
I haven’t noticed that.
So it proves what we are saying from a long time
I hope EOW start it’s action by arresting these con-mans. If you want to bring back Manoj first arrest his wife #28(if she’s still in India). If Manoj kumar is arrested then it will be easy to solve the case.
Here is the first post in April 2012
Abdi & co. was also working for Mango business. See above comments.
Yesterday there was hearing of speakasia vs RBI and this is what is being posted by various groups and forums.
@Oz
The AISPA is filing intervetion application in matter against RBI.
Of course they are, Phoenix Legal are alredy tied up and cost too much. Abdi would be considerably cheaper I’d imagine.
There’s only so many millions of dollars in panelist money you can throw at court cases trying to get Ponzi schemes legalized.
Let’s see how today’s hearing goes, Speak Asia vs. RBI.
There is a claim of the investigation agencies that the management of Speak Asia has transferred about Rs. 750 crore from India to overseas accounts. There is a claim of investigation agencies that the senior panelists have received about Rs. 1050 crore and this money is mostly in India. This adds up to a tidy sum of Rs. 1800 crore.
Assuming, for the sake of argument, that both these claims are correct then the interest from this sum @ just 6% per year means that from 12th May 2011 to 11th May 2012 the management of Speak Asia and the senior panelists have together earned Rs 108 crore as interest on their booty from the online survey scheme of Speak Asia. Wow!
This means that this team has received an interest income of Rs. 9 crore each month while they fight the cases. So I disagree with the observation of Oz:
“Of course they are, Phoenix Legal are alredy tied up and cost too much. Abdi would be considerably cheaper I’d imagine.”
The joint team team of the senior panelists and the management of Speak Asia have all the money to pay Phoenix Legal, Abdi & Co. and all the senior advocates who charge at least Rs. 4.0 lakh plus for each hearing in a Court. They have all the money in the world to manage the environment with the interest income alone without touching the principal sum.
This assumed monthly income of Rs. 9 crore would also be sufficient to bribe any Government Officer or Advocate to do that which will prolong the proceedings in the Courts even if it means paying them at par with the senior advocates on a per hearing basis.
The proceedings in the Bombay High Court tomorrow are for removal of stay of investigations in my FIR. On 10.05.2012 I have got the Hon’ble Supreme Court to give clear instructions that the Civil proceedings in the Supreme Court and before the Lahoti Committee will not hamper the investigations in my FIR.
I have received my money and I tried thrice in May / June, 2012 to get the Vacation Bench of the Bombay High Court to take this judgement on record but this did not happen as I received no support from the State of Maharashtra and the EOW despite me serving them my application on each hearing.
Now let us see what happens!
Todays hearing of SAOL vs Reserve Bank of India was heard and RBI was represented by Mr. Dariuss Khambata, The Attorney General who requested Court that RBI needs sometime to come to a conclusion.
The court has granted 8 weeks time to RBI.
Well we kind of already know their stance don’t we.
Last year they issued a cautionary against doing business with scams, the banks took notice and refused to business with Speak Asia. This cautionary was never retracted.
The RBI also never concluded their investigation, no doubt the legal action started by Speak Asia and friends against the EOW and CID stalling their investigations didn’t help.
Maybe the RBI are hoping for a conclusion to the legal action against the EOW and CID over the next 2 months so they can formally conclue their own investigation relying on those two agencies investigation findings thus far.
This is supported by the fact that the RBI have already stated Speak Asia falls outside of their jurisdiction:
Guess well have to wait and see. Meanwhile how silly do the clowns who were going on about writ 383 deciding everything look now. Nothing was ever going to happen until all these investigations ran their course, for better or worse.
Speak Asia and AISPA can drag whoever they want off to court, as long as management are in hiding the courts aren’t going to absolve the largest Ponzi scheme in history until the investigations are done.
Have been watching this comment for last 2 months but it looks like.. whoever updating comment on this topics are against speak asia panalist..
I am the penalist and want to get the money back.. Why you people are always talking about individual of speak asia company..
Instead just help panalist to get their money back..
Regards
mc
BehindMLM isn’t an advocacy movement, the business itself is what’s discussed and analysed here.
That said you might find information here that assists you recovering your invested money, however you’d do well to understand you getting your money back isn’t the basis of the discussion and analysis here.
Dear MC
If u want ur money back then you need to file a complaint with EOW just like Mr Navnit Khosla did and maybe AISPA will pay back your entire investment just like they did with Navnit Khosla.
Remember AISPA was formed by AM/RM and franchisees who made lots of money by recruiting people like you and when they realised EOW knew they were involved in this scam quickly formed aispa and shouted they are innocent panelist who have been robbed of their income.
They fear they will be arrested if there is any complaint against speakasia and you can go ahead and give your complaint to EOW and very soon you will see Bahirwani and Melwn Crastos at your door with your money.
By the way if you think AISPA will get your money back if at all speakasia restarts then i suggest think again.
AISPA or Ashok Bahirwani has never said that SpeakAsia is going to pay the Survey Income, all Bahirwani has said all along is about restart of business but you already know speakasia had changed their business by saying they dont pay any cash only RPs.
So restart does not mean cash it means a complete fraud to those who invested thinking this was a survey company and they will get survey income.
Please forget survey income and think of recovering your money either by pressurizing your upline or complain to EOW.
I asked Sanjeev about the levels of membership in speakasia (#60) and as usual he didn’t replied. Here is some information I have found on net. Many speakasians also asked the same questions at various places but no authentic answers are available.
There is no information mentioned on speakasia or it’s supporters site about the level of membership in speakasia.
“Franchises” is missing from this list.
No information is available in details about skills, marketing, product, approval authority etc.
So these certificates are given for recruitment only. Depending on the number of members you have recruited you are awarded with the certificate. You may call it training but the eligibility criteria is certainly on recruitment numbers only.
So you have to pay $200 for Kohei training. How much is the cost of other training? Even the conferences are paid. You have to pay $20 to attend the conference.
And as we already know speakasia charged for the train fare for Goa bash.
It appears everything speakasia management did was directly paid by it’s members. Apart from collecting money as membership fees speakasia charged everything they can from the proud speakasians. After that AISPA also collected 120 INR as membership fees.
Criminal Writ Petition 3611 of 2011 has been adjourned to 16.08.2012.
Senior Counsel for Speak Asia informed the Court that the Hon’ble Supreme Court had adjourned their application on 27.07.2012 to 08.08.2012 and hence it was pending.
The High Court accepted this and adjourned the main Writ Petition along with the three applications to 16.08.2012.
How to get your money back? Ask very simple question:
Which is more likely to give you your money back:
a) the government
b) your upline / sponsor
c) AISPA
or
d) SAOL itself?
Let us analyze the choices.
a) Government have to convict SAOL and arrest all the top leaders, AND forfeit all the assets, then it can proceed to pay all the members. And that’s what EOW is doing
b) Your sponsor probably has no money, unless he is very rich, and he probably will not give you money as he is trying to point fingers at SAOL.
c) AISPA will not pay you, unless you sued SAOL like Khoosla . And even then AISPA will only raise money from other AISPA members to pay you.
d) SAOL will not pay you unless they have to. They rather spend money paying lawyers and solicitors and delay for as long as they can, while perpetrators live abroad.
So, tell me, which choice do you think is the most realistic of getting your money back?
It has been handled from the panelists viewpoints in other threads. But I have mostly ignored the solution where SpeakAsia will have to restart, and then continue as before with a new business model.
It means I have handled it from one specific viewpoint, where I have considered a refund of money to be the best solution, much better than any restart.
I have assumed that “get my money back” should be the primary goal for any average panelist, and especially for the ones who were recruited in the last 3 months and the ones without huge downlines. The later they have joined, the less interested they should be in a restart (compared to getting their money back).
So it HAS been handled, and in details too, but spread around in different threads over several months.
The best chance to get your money back will probably be to sue Manoj Kumar (as a group of panelists), the main organizer of the SpeakAsia scheme.
The main problem in this case is WRIT 383/2011 “Solomon James & Others”, since it has caused a stay in the investigation. Another problem is that Manoj Kumar haven’t been arrested yet. The criminal investigation will have to be finished before anyone can file civil lawsuits here.
There’s several other problems, too. The huge number of people involved is a big problem, and so is all the different viewpoints they have, and the lack of flexibility in the individual viewpoints.
People will probably have to accept a loss to be able to get SOME of their money back. They will need to DO something with their own viewpoints to make their goal become more realistic and achievable.
When it comes to “SpeakAsia will rise again”, I decided to wreck that alternative as an acceptable option for most panelists, especially for the ones who joined late.
Initially, they joined an attractive income opportunity that promised to pay them in cash each week, and the changes in the business model makes it become a “buying club” rather than an income opportunity.
I have also checked how the new business model have worked in Brazil, in Mister Colibri. It seems to have lost most of its momentum when they started to pay out in “rebate-points” related to buying products.
Most of the panelists fighting for “SpeakAsia will rise again” seems to believe in “dreams” and “promises” rather than reality, and I am NOT supporting people’s dreams on the expense of reality.
You’ll have to respect that we have a different viewpoint than AISPA/Bahirwani and other “loyal supporters” of SpeakAsia and its management. From my viewpoint, they are only fighting for the management’s interests, and they are mostly causing trouble for the panelists who only wants their money back ASAP.
@mc
To speed up the process, you can try to solve some of the problems?
Your own viewpoint can be a problem, so make sure it isn’t. If you can CLEARLY identify your own interests (in your own mind) it will improve some of your chances.
“My primary interest is to get my money back as best as I can and as soon as possible, even if I will have to accept a loss”. Combine it with “I’m pissed off by all the waiting. If the fact that Manoj Kumar is missing is a major part of the problem, I will personally start to look for him in my part of India, and solve that problem if he is here”. 🙂
The part about looking for Manoj Kumar was a joke, but the idea about solving the problems that are within your own range wasn’t.
I have CLEARLY identified that I consider “SpeakAsia will rise again” to be based on “false dreams” and “misleading promises”. I can accept people having that idea and following that idea, but I won’t accept the idea itself as something I can recommend for an average panelist.
Being CLEAR in your own viewpoints is absolutely needed if you want to do something, or want to communicate something to others.
There will be no hearing in CWP no. 383 of 2011 in the Supreme Court on 08.08.2012. The Hon’ble Justice Shri Dipak Misra will is to be part of a constitution bench on 08.08.2012 and hence he was unavailable for 08.08.2012 in Court no. 12.
The Hon’ble Justice Shri K. S. Radhakrishnan is unwell and did not come to Court on 07.08.2012. He is not coming to Court on 08.08.2012 and hence Court no. 12 of the Supreme Court would not be functioning.
Solomon Jemes & Ors. is being heard by Court no. 12 and hence the matter would be adjourned and the new date of hearing would be posted on the Supreme Court website tomorrow as it has not been posted till 10.30 pm today.
The cause list for 08.08.2012 was uploaded after 6.00 pm which is unusually late owing to the hearing by the constitution bench of the Supreme Court.
Thanks for the update Navniit.
Not sure what the timeline is but it seems the SFIO investigation from late last year is still ongoing:
How long before Speak Asia and AISPA start launching lawsuits against the MCA?
In other news the order for Speak Asia and AISPA vs. the RBI (WP 1695/2012) is in and states
Had a look in the archives and I’m not entirely sure what the decision is that has to made is. In anycase if I’m reading it correctly a decision by the RBI on “the representation of the petitioner (Speak Asia?)” is to be made by the RBI within 8 days of the order.
The order is dated 2nd August and with today being the 8th, that puts us at 6 days. No word from AISPA or Speak Asia on whether or not they’ve yet received this decision regarding this representation.
WP3611 (Crasto vs. the EOW) was delayed after AISPA told the the High Court they’d approach the Supreme Court for clarification on the previous statement by the Supreme Court that WP383 will not affect the EOW’s investigation”.
With WP383 in the Supreme Court being delayed today, no doubt the Mumbai High Court WP3611’s next hearing currently set for the 16th August will also be postponed. That is I guess unless wp383 gets a new date between now and the 16th.
No word on whether or not tomorrows Speak Asia vs CID Supreme Court hearing is going ahead or not.
I think there is some mistake there in RBI case. It is not 8 days but 8 weeks that was what granted to RBI, same was conveyed by AISPA.
EOW investigations till now have established that Speak Asia, Singapore is merely a front company meant for money laundering and all business operations were done/managed from India by Indian scamsters like Manoj Kumar, Pal Brothers (Ram Sumiran and Ram Nivas Pal) operating a Ponzi pyramid scheme with the help of their associates and employees in India.
With vast experience gained in shady Ponzy pyramid schemes in India over a decade, they figured out that a foreign registered company (Speak Asia Online Pte Ltd) having all operations in and managed from India will be able to elude investigative agencies in India. To be doubly sure, they appointed Singapore based figure head Harender Kaur labelled as Chairperson and Global CEO.
After collapse of the scheme in May 2011, the scamsters have cleverly disappeared in the background. The expensive proxy war is being fought for them by advocates, AISPA and operators of some blogs to respond to court cases while also keeping 2 million panelists under false hope of revival of Speak Asia’s operations.
The SAOL scamsters have made clean profit of more than Rs 1050 crore. They have enough money power to manage to sabotage/sidetrack investigations against them.
MCA bureaucrats and/or SFIO officials are either too naive or too cunning and greedy.
Latest update from speakasiamobi:
Thanks for the update Navniit. November hey… wonder what AISPA are going to do on the 16th in the Mumbai HC.
Will the HC accept their stalling and set a new date after the 7th of Nov? Given the plain English of the Supreme Court’s directive to the EOW in regards to the case and the EOW’s investigation, why the Mumbai HC is even entertaining AISPA’s “we can get a different answer!” nonsense is beyond me.
AP CID case was heard today in SC and this is the news being spread in forums
The court order does not show what exactly AP CID presented in court. Here is court order link
http://courtnic.nic.in/supremecourt/temp/7509-751020112982012p.txt
The order doesn’t really tell us much. I hope the CID know what they’re doing.
Also I wonder why the judge hearing this case is now suddenly interested in all the other matters Speak Asia are involved in? I wonder what angle the CID are playing and what the matter was they’ve decided it’s north worth filing an affidavit in response to.
We need some flies on the wall.
On 10.05.2012 the Supreme Court order also had the following as part of its order:
It seems that the Police in Andhra Pradesh had taken advantage of this part of the order and quickly filed a charge sheet in the lower Court. As a result the relevant proceedings in the Hyderabad High Court as well as in the Supreme Court lost some relevance.
Hence the observation by the Supreme Court in the matter of SLP/7509, 7510/2011 :
It seems that the Supreme Court was not very happy that the State had sought adjournments earlier in SLP/7509, 7510/2011 and then filed the charge sheet in the lower Court. The effect of this filing of a charge sheet now needs to be analysed by the prosecuting agencies.
It may mean that some thing illegal has been pinned on Speak Asia and / or its senior management as well as senior panelists in India. It may also effect the refund of the investments of the investor panelists in Speak Asia. Is it ever likely that the survey income of the investors will be refunded? Poor souls!
“To cut steel you need special steel.”
EOW Mumbai did not support my efforts in May / June in the Bombay High Court to get the Supreme Court order of 10.05.2012 taken on record and for suitable orders to be passed thereafter.
Now they are out on a limb with a prayer on their lips to save themselves.
The recording of the FIRs in July 2011 onwards in Mumbai, Hyderabad, etc. was a game changer in the ongoing saga of Speak Asia.
Likewise the recording of the first charge sheet after due investigation will be a game changer. Will it result in Speak Asia and its senior management / senior panelists scrambling for cover?
Only time will tell! But it will certainly be a damper for the ongoing nach gana of “Jai Speak Asia” and “We will overcome”
So CID AP have filed a chargesheet? Are these publicly available for review?
Sounds like EOW Mumbai need to get in contact with AP CID, or maybe they already have.
From memory the CID announced they were going to get in contact with interpol and get those red notices out on Kumar and Kaur, right before Speak Asia launched it’s SC case against them.
Navneet do you have any news regarding the latest happening in speak asia case’s, what is the truth???
Today there was the hearing in Mumbai High Court regarding 3611 case ie the stay on EOW investigation and this update was posted on speakasia mobi website.
Strange as it may sound the update comes from admin of mobi and the message conveyed seems to be bitter truth which Bahirwani keeps hiding. Seems he attended the court hearing.
Wonder what update Bahirwani will post after this. I have curtailed the update to a small para related to case and not the we are winning be positive which followed after this.
I am trying to get link to the order of today and if i get it will post.
So this will be the third clarification from the Supreme Court?
* the first one was around May 10th
“Neither the Supreme Court nor the mediation will hamper with any ongoing investigation”
* the second one was around July 17th
“Now the Supreme Court has reaffirmed that it will not take up any matter before the hearing fixed on 08.08.2012. I am sure that both the High Court and the Supreme Court will pass appropriate orders in the facts and circumstances of the case.”
* the third one will probably come before September 6th
This starts becoming funny. 🙂
I gave it my best shot and tried to interpret the second clarification when it was published, assuming it was something meaningful hidden inside the cryptic message. But I was completely wrong, it wasn’t meaningful at all.
The second clarification was a clarification about “We will NOT clarify anything before 08.08.2012”, or something similar. 🙂
From a communication technically viewpoint, the second clarification is close to being a crime. The Supreme Court has a higher rank than the lower court, and should respond with a clarification on the issue itself, not a clarification about their own role.
It’s like asking your boss about “Can you clarify this?”, and receive an answer like “I’m the boss here, and I won’t clarify anything before 3 weeks from today” (focusing on his own role as a boss, rather than what he has been asked about).
If I have interpreted it correctly, the second clarification was absolutely meaningless, other than that it clarified the rank order between the two courts (something no one really had questioned).
CWP 383/11 was mentioned in the Supreme Court today and it shall be listed for hearing on 24th August, 2012.
I have received this information from EOW, Mumbai
So AISPA have now set themselves the impossible task of getting the Supreme Court to clarify that “will not affect the investigation” actually means “will affect the investigation”.
Upon which failing, the High Court will finally vacate the stay.
Bring on the 6th September then!
This update form Speakasia (un)official marketing team after wp/3622 hearing
indicates this is just a diversion and is surely not by any official person. According to Manoj (promoter of Mister Colibri) Speakasia never worked in BD.
From AISPA update it looks like Ashok Bahirwani is planning to flee again.
The order of the Bombay High Court dated 16.08.12 states in para 3:
The Hon’ble Supreme Court had clearly directed on 10.05.12 that:
In view of the above the EOW had restarted the investigations immediately thereafter.
On 16.08.12 the Hon’ble Bombay High Court has stated in para 3:
That the EOW must have received written advise from their senior advocates in the Supreme Court, Bombay High Court as well as from the Advocate General of Maharashtra after the order of the supreme Court dated 10.05.12 that they were now free to resume investigations. And EOW did exactly that!
In view of this there is no further clarification that AISPA will get from the Supreme Court despite all the Senior Counsels representing them.
In any case filing of contempt petitions is all bunkum and only pressure tactics.
Andy, i just read the AISPA Bahirwani update and this statement is a shocker.
Now if entire payment of all panelist is not done after SC decision i assume Bahirwani will try to come clean putting some blame on the decision.
As it is Bahirwani himself never ever said that he is fighting for the survey income of all panelists and now that above statement means he has now put payment issue on the 100+ panelist who are party in that case.
Everybody is not aware that the Advocate General of Maharashtra appeared in the proceedings in CrWP 3611 in the Bombay High Court to defend the EOW’s restart of investigations in view of the orders of the Supreme Court dated 10.05.12.
Obviously he must have either advised EOW or agreed with the advise EOW got from other legal authorities to restart investigations after the order of the Supreme Court dated 10.05.12.
A miscellaneous guy has posted a comment on mobi about the lies of bahirwani, i know it will be deleted by morning thus i have pasted here.
It looks like Mister Colibri is going to launch its e-commerce next Sunday http://www.orkut.com/Main#CommMsgs?cmm=5142501&tid=5675667348960305124&na=2&npn=9&nid= . Let’s see what happens
Hi Oz
Just wanted to ask you something. This SpeakAsia Marketing blogspot site
http://speakasiaonlinemarketing.blogspot.in
The blogspot is in a domain .in, which means someone from India created a account on blogspot and automatically the site using the IP Address of the user who created the blogspot assigned it to the domain .in
Doesnt it mean this blog of marketing which itself and Bahirwani too calls official company blogspot is being operated and managed by someone in India and not Singapore?
Which means some upliner has created this too fool the panelists that company is updating?
I tried opening speakasiaonlinemarketing.blogspot.com using a VPN to US Server so that i can see whether the blog with .com opens using a US IP but it isnt opening anything from there.
It’s impossible to tell where the blog was created, unless you’re Google. A few months back Google started using localised domains for Blogger, depending on where the reader is based, not the author.
The “.in” domain works for me if I click it, but if I access the blog via a search engine I don’t get a .in domain because I’m not in India.
Todays hearing in Supreme Court is over and this is the update on a facebook page.
Seems AISPA is playing games in SC to stop or delay investigations. Now on 6 Sep Mumbai HC will postpone the case and wait for HC.
If Navnit Khosla ji was there in SC, he might be able to give a clearer update.
Wow, if that’s what happened I wonder what BS they fed to the SC to get that decision.
Or are they continuing to play the courts against eachother and waste time (now the SC has requested AISPA to get some clarification from the HC that is already crystal clear)…?
Guess we’ll have to wait for the order (or Kkhosla if he was there).
You will be surprised with the orders of the Supreme Court as and when they are posted!
Have patience!
Or read speakasiaonline.mobi! Ha! Ha! Ha!
This is today’s posting after the hearing:
Source : Speakasian powers
Navneet ji what is the actual report on SC hearing on 383
Here is the order made by SC Can anyone explain me this
I dont see anything in that order which is either positive or negative, just a next date with permission granted for file counter / rejoinder affidavit.
So it is clear that the posting on speakasiaonline.mobi is different from the actual order of the Supreme Court dated 24.08.12 that ajex has posted.
The mind of the Court can not be read from the above order and hence the direction that the hearing will take on 19.09.12 can not be guessed.
Looks tame enough. Certainly not the ‘omg the court loves us’ crap panelists were pushing.
AISPA continues to delay things refusing to accept the SC’s obvious prior clarification on the impact (or lack thereof) 383 has on the EOW’s investigation.
3611 is due back in the Mumbai HC on the 6th September, before the 19th. Wonder what they’ll do given all AISPA has done is stall for more time.
The order of the Bombay High Court dated 16.08.12 states in para 3:
The Hon’ble Supreme Court had clearly directed on 10.05.12 that:
In view of the above the EOW had restarted the investigations immediately thereafter.
On 16.08.12 the Hon’ble Bombay High Court has stated in para 3:
That the EOW must have received written advise from their senior advocates in the Supreme Court, Bombay High Court as well as from the Advocate General of Maharashtra after the order of the supreme Court dated 10.05.12 that they were now free to resume investigations. And EOW did exactly that!
In view of this there is no further clarification that AISPA will get from the Supreme Court despite all the Senior Counsels representing them.
Now on 24.08.12 the Supreme Court has not given any relief to Speak Asia and all its “management group”. There is no mention in the order that the criminal investigation by EOW and other investigation agencies can not continue. So in one way the mind of the Supreme Court is very clear.
On 06.09.12 the High Court is also unlikely to stop the investigation in the matter of the money invested by 2 million or so investors in the fraudulent survey scheme of Speak Asia.
My payment has been refunded to me and I have recorded this in an affidavit but the EOW has to look at the other investors also whose complaints are pending with them.
@Navniit Kkhosla
We probably have a similar case in the U.S. now, a “Zeek Rewards will rise again” case, with class action lawsuits against the government for shutting it down as a Ponzi scheme. 🙂
behindmlm.com/companies/zeek-rewards/ceo-paul-burks-admits-zeek-rewards-a-ponzi-scheme/#comment-89965
The problem they have is that they don’t have a ton of money to throw in.
@Navniit Kkhosla
A similar system like they have in the U.S. could have been useful in India too — a receiver to take care of the interests of victims when a Ponzi scheme collapses (or is being shut down).
ZeekRewards had some similarities to SpeakAsia, e.g. the huge number of people involved. I have picked up some of the articles from Forbes Magazine about ZeekRewards.
http://www.forbes.com/sites/jordanmaglich/2012/08/27/zeek-receiver-holds-press-conference-with-media-up-to-two-million-victims-herculean-effort-ahead/
Other articles found there (links disabled, to slip through moderation queue):
Some of the logics — “methods of thinking” — can be relatively useful when people are dealing with cases like that.
* Ponzi schemes don’t PAY money (salary, etc.), they DISTRIBUTE other people’s money among the participants.
* “Profit” earned through a Ponzi scheme belongs to the group of investors, not to the person who “earned” it. The only money you rightfully can “earn” through a Ponzi scheme is your own principal investment.
This was just a couple of examples. But the same methods of thinking will usually be universal, the same principles can be applied as “winning arguments” in any Supreme Court around the world.
@Navniit Kkhosla
Is it possible to have my complaint of being swindled by SpeakAsia of 22k (for two premium IDs) and accumulated RPs included with those that EoW Mumbai has?
The investigation action is centered in Hyderabad and Mumbai. I am from Lucknow, Uttar Pradesh. Here the police deptt is pure crap being not interested in taking in a FIR unless you would know as to anyone having filed one in Lucknow.
Thanks
Criminal Writ Petition no. 3611 of 2011 has been adjourned to 26.09.2012 after it was taken up by the Hon’ble Court on the initiative of the Senior Advocate Mr. Patwalia and the instructing Advocate Mr. Midha and Advocate Abdi all appearing for the Speak Asia Panellists Association and Mr. Bahirwani as well as Mr. Crasto.
What is their game plan?
I do not understand!
Order Updated on Supreme Court Website on SLP 7509 Matter
So with no hope of quashing the CID investigation now that a charge sheet has been finally filed, this winds up being just another giant legal waste of time orchestrated by Speak Asia that they’ve now had to withdraw?
Best of luck stopping the other investigations guys. You wasted how many thousands of panelist dollars trying to stop the CID from investigating them for almost an entire year?
Here’s hoping the CID finally nail Speak Asia in court and we can then finally put the story of India’s largest ever Ponzi scheme to rest.
DEAR Oz,
If the company is genuine, they would have submitted their documents to prove that, their business is legal. There are many ways to submit documents to government. They can even sent it by courier or postal services.
The panel leaders know this but no body wants to talk on this.
dear gspal,
very first complaint against the company was filed by the Lucknow panelist in May-11 and that was settled by the local franchise with the help of legal team of speak asia.
The WP was also filed in Lucknow high court. You can get the details on the Hon’ble court’s website.
@chawla
They have already admitted they have no corporate survey clients so they just ran a ponzi / pyramid scheme hybrid for a year and a half.
All this talk of “future plans” and lying to courts presenting business models they never used is just prolonging the inevitable.
And fighting the mere investigation of the company in court… well, over a year a later you can see how that’s working out for them.
@Chawla
Thanks. I would appreciate more details of the case (if you have them) and the WP number of May 2011 in Lucknow bench of Allahabad High Court. There is no such court called Lucknow High Court.
I am yet awaiting Navniit’s response too to my earlier post.
Civil Writ Petition no. 383 of 2011 has been dismissed as withdrawn about 3.15 pm today in the Hon’ble Supreme Court of India.
The Counsels for the petitioners withdrew the petition as they obviously felt that the orders of the Hon’ble Court were likely to be more harmful then withdrawing the petition. And harmful for whom?
The petitioners? Or the persons who have paid for the fees in the Supreme Court? Who has paid the fees is the next question? And why?
And what will happen in the Hon’ble Bombay High Court in the hearing in Criminal Writ Petition no. 3611 of 2011 on 26.09.2012.
I hope the Rs. 50 crore deposited with the Supreme Court is not sent back and is retained to pay the investors!
finally writ 383 is being disposed off today ,now rest of the things to be done by the HC and the RBI .
GOOD LUCK .
How can you say that, r u present at the SC when the hearing was going on????
Navneet ji do you have any details about today case, and is it true that 383 is disposed off as said by @baijju
@ Navniit Kkhosla
When the WRIT 383 has been withdrawn, AISPA and SpeakAsia don’t have any Fundamental Rights to fight for, either. So what are they fighting for now?
Fundamental Rights are about the government violating rights of the people. In the SpeakAsia case, it was about livelihood (payment and work), where some of it had some “substance” while other parts were more questionable.
A possible motive for withdrawing that case can be if the expected outcome of the case goes in the petitioners’ disfavour in some important points — e.g. where they can “win” something of little importance in exchange for losing something very important. A case like that will be meaningless to fight.
So WRIT 383 hasn’t been about payment for the 115 petitioners, payment was only used as an excuse for something else. They would probably have “won” the payment part partially, forcing their “opponent” to refund money.
The main purpose of WRIT 383 has probably been about an attempt to “legalise” SpeakAsia’s activity, free it from civil claims and criminal investigation. So victims can probably start to focus on their civil claims now, the part that has been almost impossible to solve when the WRIT 383 was active in court. And the authorities can focus on the criminal parts.
CIVIL CLAIMS
People will need to get an overview over the case, to make them become able to identify some important points.
The 2,200 crore INR is a misleadingly LOW amount, and it needs to be corrected.
The focus on SpeakAsia and Haren Ventures was misleading. Most of the money was siphoned out via other companies (e.g. Seven Rings and other of Manoj Kumar’s companies). These companies will need to be included in claims.
People will have to be realistic and willing to accept losses, in order to protect the areas where they have a chance to win.
So far the case has been very confusing, so I’ll believe the best strategy now will be to create some order to it — focusing on factual information and on identifying the steps needed to file civil claims on behalf of the whole group.
I have linked to a few parts of the ZeekRewards case earlier in this thread, and in particular to the work of the Receiver. In ZeekRewards, the court made the parent company (RVG) and its’ owner (Paul Ray Burks) become defendants, and the ownership of the company was transferred to a Receivership — as a temporarily solution for the civil parts of the case.
You can’t use the same solutions for SpeakAsia, but some of the PRINCIPLES can probably be used.
People will probably have a fair chance of recovering some of their money if they have some realistic ideas, and are able to act on behalf of a group rather than on behalf of themselves / their own interests. THAT has always been the problem here, all the different sets of motives and the onesided focus on personal interests. People are often reducing their own chances rather than increasing them.
A strategy for directing people’s attention towards their own civil claims should probably include a summary for “What has happened so far”, presented in main points rather in details – but with lots of factual info as a foundation.
If people want to direct their focus towards their own civil claims, then I can probably identify some of the steps needed to make people talk about the same things (be more “on the same wavelength”).
A normal communication process goes something like this, in situations where your main objective is to restore some order to a chaotic situation, and where the next steps will require some decisions to be made by people themselves:
* “What has happened so far”, in identifiable main points.
* “Where are we now”, the current and updated status.
* “Where do we go from here”
The dismissal of WRIT 383 is probably important. That case has been a PITA for most other parts of the case, and created lots of disinformation and false hopes.
People’s attention has been directed AWAY from real solutions. And now it’s probably time to restore some of the order.
Hi
I just read a post in Hindi language about someome who was present in the court, i will try and translate it in english.
The Honorable judge seems to have studied the entire case and came with a prepared mindset. He did not hear anything and said that in your case (ie Solomon James writ 383) the decision to undertake mediation was wrong. And while the honorable judge had the applications papers in his hand he was not liking it seeing it again and again.
He just said as per article 32 the mediation in this case is a wrong decision apologized (I dont know what article 32 is) and asked the them to withdraw the case.
When the lawyers requested the judge that one year will go waste, the judge interrupted and warned that if i dismiss the case you wont have a choice and further a fine will be imposed.
Hearing this Solomon James and his lawyers withdrew the writ.
This is written on facebook page by someone who attended the hearing.
All communication from the leaders will be stopped now because nothing is left on their side. If you can observe Speakadia leaders have closed all their groups for open discussion.
Andy
There was someone who had spread this information that the case is going to be disposed off some 2/3 days back. After that Aman Azad made a long post that there are rumors that the case is going to be disposed off but not all part of it will be disposed off maybe some of it and their lawyers will try and get positive order or something.
But everything has gone opposite. The judge did observe as someone has said in a post on facebook that it seems the management and some panelist are hand in glove in this case.
Also it seems the Power Group page of speakasia controlled by AISPA had got hint what was going to happen and they had closed the group. LOL as if it was some very highly secret information they were going to hide by closing that group.
Now Bahirwani will come up with some positive update which will be all in the air and in the end he will write, Hail Speakasia, LOL.
Already lots of panelist are calling Bahirwani a person who earned money using AISPA and fooled them and because of his intervention again and again in 383 the judge realized something was fishy and disposed off the case.
I dont know whether it was the news that came 4/5 days back that the Serious Fraud Investigation Agency has sought opinion of Ministry of Corporate Affairs, India or the chargesheet filed by the Andhra CID which has nailed them.
Also not known is whether EOW will now start arresting these Franchisee and Senior panelists associated with AISPA who were trying to misled panelist after earning lot of money by joining huge downlines.
They said that about EVERY case that came along, except the cases they launched themselves, like suing the TV station and news and so on.
@Andy
I don’t think the communication will stop completely, but there may be a change in style there. They have managed to delay the case for a year, and that’s some sort of “winning” in itself for some of them.
They have lost their main carrot, the “SpeakAsia will rise again”. They still have some payment carrots they can use for a while, to delay it even more. Or they may have some “Plan B” I don’t know about. 🙂
@Sameer
The Judge was actually right. They have wasted a year on something more similar to a fake case than a real one. I pointed that out in December 2011 or something, that the parties had too similar interests to make it become meaningful.
The mediation cannot have been very meaningful, since both of the main parties had the point about restart as a main point, something that technically is outside the jurisdiction of the Supreme Court. And I’ll guess that point failed when a chargesheet was filed, making the case become criminal rather than Fundamental.
The strategy was “If we both agree on something, then the court will have to rule in favour of one of us, and then the outcome should be clear”. I pointed out the flaw in that logic, in that the court doesn’t have to rule in favour of any parties at all, they will usually rule in favour of their own judging skills rather in favour of a party.
But the courts surely have used a very long time to come to that decision. 🙂
I’m waiting to see the court order but I’m not at all surprised the judges finally woke up. 383 has been a waste of time and I’ve been writing as such since it was announced roughly a year ago.
Now 3611 (AISPA vs. the EOW) will be the one to watch on the 26th September. With 383 withdrawn, AISPA’s ‘the supreme court will handle everything’ bullshit goes out the window.
I imagine the stay will finally be lifted and with any luck, the entire case dismissed.
Perhaps now, finally after over a year of wasting everybody’s time the authorities can get back to investigating unhindered and we can soon put the case of the largest Ponzi scheme in Indian history to rest.
(Ozedit: if you’re going to make silly claims about Speak Asia “coming back” at least back them up with a source)
NO OZ i am not making any silly claims, i also hate this dirty politics played by speak asia and aispa. 383 was just a delay tactics played by Speak Asia, but the news i got not from any senior panelist or any AM or RM but it is from high official of some investigating department which is involved in this case.
sooner or later indian govt will allow speak asia to restart their work on very strict norms, truth will be reviled soon..
After close to 18 months of this kind of bullshit from Speak Asia, senior panelists, AISPA and Bahirwani and friends…. you’re really going to trot the same crap out?
First it was Lahoti is going to bring the company back via mediation, then it was 383, then it was all the court cases against government agencies will squash the criminal investigations, then it was “don’t pay attention to the court cases, just have faith”, then it was “the RBI is going to sign off on our Ponzi business model” and now with it all unravelling it’s just more of the same “have faith, the truth will be reviled (sic) soon” nonsense.
Wake up son. Your baseless “news” is the same as the garbage updates that have been put out on Facebook for nearly a year and a half.
Either back up your claims with factual and verified sources, or keep the Speak Asia spam on Facebook where it belongs.
Oh, it already is mate, it already is.
Has been ever since EOW sycophants began defending their scam on BehindMLM
Almost everyone here knew this will happen in WP383 and the meetings with the mediator.
You can never change the fact that Speakasia was a scam!
@Sanjeev Khanna
So you guys are proving how stupid you are?
If you read this please reply why Speakasia, AISPA and now Solomon & Others – you people first file a case drag it to a year and then voluntarily withdraw it?
(ah! I miss the tall claims made by anju bahirwani)
This is one update on speakasiaonline.mobi dated 19.09.2012.
No update can be provided because of “Bharat Bandh”!
Ha! Ha! Ha!
Restart of business? What business? And pay? From Virgin Island bank accounts – it is a tax haven and no details can be obtained!
Sure honey sure! We believe everything!
Another posting on speakasiaonline.mobi
The only thing missing is
Jai Speak Aasia!
Anju where are you?
Miss your long winded arguments!
This site has back to life!
I wouldn’t be surprised if Bahirwani pulls another disappearing trick following the disposal. 3611 and a stay vacation is wide open now.
Truth always prevails. Writ petition No. 383/11 has gone.
The fate of other petitions filed by Speak Asia/it’s so called authorized persons were based on 383/11, will be decided on coming dates by the Hon’ble courts. A wise person can off course understand it.
Good luck to all!
I doubt he will disappear, unless he has a method to disappear for a very long time. He has a court order in his favour, requiring the EOW Mumbai to give him 3 days notice before they can arrest him. That order will be ruined if he disappears.
He will also ruin his chances for being released on bail, in case he’s being arrested.
Last time he disappeared, he had something to win on that behaviour. It made it possible for him to put up a defence. But this time he will probably ruin his own defence if he don’t obey the court order himself.
update as mentioned on mobi which was a copy pate from facebook
Navneet ji did you have something to say on it..
Oh….. Sorry to say that, ajex might be a very poor guy. he even doesn’t know that, before the apex court only counsels are making arguements.
Soloman jemes was a puppet (very poor even as compare to AB) badly misused by SpeakAsiaonline.
@ajex
The main purpose of WRIT 383 was an attempt to LEGALIZE SpeakAsia’s actions, to avoid criminal charges and civil claims against its management.
Payment was less important, but was a necessary part of the case to make it become possible to file before the Supreme Court — making it become a case about Fundamental Rights (about the right to livelihood). Payment was needed as part of the case to show the livelihood part.
WRIT 383 has been handled in the Supreme Court until just recently, but with no clear conclusions. A conclusion came when CID filed a chargesheet in one of the related cases.
The chargesheet is the only “new” that has happened in the case, at least what I know about. I haven’t followed the case since May.
The conclusion in SC was “This should never have been sent to mediation”. That means payment to the petitioners wasn’t negotiable in the first place (other rules have a higher rank), and other parts of the case (business restart) isn’t about Fundamental Rights.
The chargesheet have probably identified the case as a criminal case, and the payment issue as a civil case. Both are outside the jurisdiction of the Supreme Court.
It means the theory about government agencies violating Fundamental Rights have been dismissed as a case, when “Solomon James & Others” were recommended to withdraw it voluntarily.
Seriously, that is NOT positive for SpeakAsia’s management. The Supreme Court has dismissed the Fundamental Rights case, sending it downwards in the court system to become a criminal case rather than a Fundamental.
The Supreme Court is basically telling you that SpeakAsia is a criminal case, and it has to be handled in the lower court system rather than in the Supreme Court.
They are also indirectly telling you that the income source was illegal in itself, and it is not protected by any Fundamental Rights.
The SpeakAsia case has now become:
1. a criminal case, about violations of criminal laws.
2. a potential civil case, about the panelists’ money.
Writ 383 is a civil action, and as mentioned all along has nothing to do with the criminal side of things.
26th September is the 3611 case and AISPA don’t have a leg to stand on now with the whole ‘writ 383 will cover any criminal investigation’ crap they’ve been delaying the EOW’s investigation with.
Pretty much all Speak Asia/AISPA’s claims that writ 383 should eclipse any criminal investigations have been destroyed with the judge effectively cancelling the civil case by pushing for a withdrawal (hopefully exactly what happened is mentioned in the order).
Writ 383 was never about whether “the company is genuine” or not, it was about signed petitioners getting their money back, which won’t happen yet because criminal investigations are ongoing (and have been massively delayed by Speak Asia and AISPA).
The case status for CWP 383/11 on the Supreme Court website has been updated and now reads:
Last Listed on 19/09/2012
Hopefully the order will be out today!
The USD 10 million should not be sent out of the country!
I hope EOW, Mumbai takes appropriate action in this matter.
Musings # 1:
Anju where are you?
Miss your long winded arguments!
This site is back to life!
Anju things are not going by plan A or plan B or even plan C for SAOL or its promoters and the senior most panelists / recruiters.
Ashok may have to go for a holiday if the EOW seeks his august and distinguished company. I am sure you will be a supportive wife and dutifully wait for him to come back. Unless there is a plan B even for this! My best wishes to both of you!
The whole operation which was operationalized on 17.02.2010 was meticulously planned. Post the exposure on 11.05.2011 the interest income from the money taken out of the country as well as in the country may have come in handy to ‘buy time’ and influence.
Senior advocates have also helped in suggesting to the judiciary that there is merit in the naked money rolling scheme of Speak Asia started under the garb of an online survey scheme!
I wonder about the total amount of money paid to senior advocates and how? Cash or cheques! This the EOW must check!
And the USD 10 million should not be allowed to go out of India! It is the money of the simple Indian folks who have been taken for a ride!
I have learnt that about 3,50,000 investors have invested in the fraudulent online survey scheme of Speak Asia in Maharashtra.
Civil Writ Petition no. 383 of 2011 has been dismissed as withdrawn by the Supreme Court. Now it is possible to recover the investments in the fraudulent online survey scheme of Speak Asia if an investor from Maharashtra is determined.
Not all investors are eligible for refund of investments. I am willing to help the investors eligible for payment of the sum invested with Speak Asia.
Criminal Writ Petition no. 3611 of 2011 is to be heard by the Hon’ble Bombay High Court on 26.09.2012. It would help if the investor is represented in the High Court on 26.09.2012.
So if you want advise on how to recover your investment then
contact me on speakasiainvestors@gmail.com with all the details of your investment.
Nope, WRIT 383 was about Fundamental Rights. The law used was the Constitution of India.
* A civil case would have been about payment.
* A Constitutional case is about the RIGHT to payment — the RIGHT rather than the actual payment.
* A civil case is about two or more civil parties.
* A Constitutional case is about civil parties against the government (not against any civil party).
Section 32, the rule WRIT 383 was based upon:
Our normal set of thinking doesn’t work very well in this case, if we consider “normal thinking” to be to separate between civil and criminal parts of a case. Fundamental Rights is a third type of cases, with a higher rank than the two others.
You’ll have to extend your normal way of thinking, so it also can include the third type. To understand the third type of cases, you will first have to ignore your normal logic (it doesn’t work very well on the third type).
WRIT 383 failed probably because of doubt about correct jurisdiction, i.e. the Supreme Court no longer had a clear jurisdiction in the case.
One of the duties of a court is to identify its own jurisdiction. A case can be within its jurisdiction as long as the information available doesn’t contradict it, but new information can make the case become outside its jurisdiction.
That is probably what happened here, when CID filed a chargesheet about Ponzi or pyramid scheme.
I’m not familiar with that type of cases, but the investors’ money will probably be a civil case?
Your case was a special one, in that you made a deal with the other party (Bahirwani/Crasto). They were highly motivated to make a deal in order to keep you out of the Supreme Court.
Or to be more precise, to prevent you from using a potential right to insight into the case documents in WRIT 383.
They don’t have the same motives anymore, so I can’t imagine any willingness to make similar deals.
Bahirwani hasn’t exactly been in the right mood lately. It was much easier to make a deal with him when he was in contact with his inner soul and felt the love and affection from his Speakasian family. 🙂
The type of information that is needed now is the content of the chargesheet filed by CID in one of the cases. Factual information is always important.
Other type of information that is needed will be about normal procedure for civil claims in a case like this, e.g. whether it’s being fixed automatically by “the system” or what people have to do to file their claims.
FIR 60’s primary function was about criminal charges. The civil claim was a secondary function, and that part was solved through the deal in WRIT 3611, on March 15. 2012. So people joining it won’t exactly support your own case?
The best result for you is if the case is dismissed, “the court do not agree on quashing FIR 60, case closed”. Having the case open without a final order involves a risk for you, e.g. a risk for getting the deal reversed.
Thanks for the correction. Don’t think it’s worth extending my way of thinking into the illogical as the judge pretty much threw it out of court/strongly indicated Speak Asia and friends withdraw the writ.
Logic prevailed!
I’m waiting on the Supreme Court hearing to come out before I pen anyting. I note that whoever is running the Speak Asia Corporate blog has stated their lawyers are scrambling to make sense construe something positive from the withdrawal of 383.
AISPA too have bought themselves some time by stating they won’t put anything up till the official order is out (despite knowing full well what went down as they always do via their “inhouse” senior panelists).
@ M_Norway
Firstly I would like to clarify that all investments made by the panelists in the fraudulent online survey scheme of Speak Asia is fully refundable by Speak Asia and Haren Ventures, severally and jointly.
Secondly I am of the opinion that Speak Asia and Haren Ventures, severally and jointly, must also pay the survey income in the e-wallets of each and every investors for the work done by them by filling the surveys sent online.
That above two are a matter to be decided by the Courts in India. I expect that Speak Asia may appeal each judgement right up to the Supreme Court with the money of the investors. This will take a long time, maybe even years.
The route that I feel would work is different and hence I have stated that:
“Not all investors are eligible for refund of investments. I am willing to help the investors eligible for payment of the sum invested with Speak Asia.”
It would be easier for investors to work with the investors who have invested at least Rs. 1,00,000/-.
Also the local investors in Mumbai would find it easier to co-ordinate with me.
I can be contacted on speakasiainvestors@gmail.com but do send the details of your investment, proof of identity and address as well as proof of investment.
But you ARE illogical when you don’t include the third type of cases? It’s better to say “That is currently unknown territory to me, but I have heard about it” than to ignore a casetype completely. 🙂
The logic goes like this:
1.
WRIT 383 was based on the assumption that SpeakAsia offered real work and real payments, and that assumption was NOT contradicted by any criminal chargesheets (against the company itself). The Supreme Court had jurisdiction over the case as a Constitutional case until just recently.
Real work + real payment for that work is covered by the Fundamental Right to livelihood. It’s also clearly withing the jurisdiction of the Supreme Court. It’s about RIGHTS rather than about the actual payment.
2.
Someone (CID) has filed a chargesheet contradicting the “real work, real payment for the work” part. That type of “work/payment” is not covered by the Fundamental Right to livelihood, so the WRIT 383 is no longer a valid Constitutional case, and not within the jurisdiction of the Supreme Court.
The small differences in logics are important. WRIT 383 clearly had the power to interfere heavily with all the other related cases for a long time, causing stay in investigation and other trouble.
BTW, Supreme Courts do usually NOT handle civil cases or criminal cases first hand, so WRIT 383 was neither a criminal case nor a civil one.
I seriously doubt that. “Fully refundable” means ALL investors that qualifies for refund can expect to receive it in full if they file a claim.
You probably mean “claimable” rather than “refundable”? The investors have claims against the companies, but they will probably have to accept a dividend rather than a full refund, “some pennies on the dollar”.
Your payment came from Bahirwani/Crasto, as a voluntarily deal in WRIT 3611. They don’t have the same motives anymore. Basically, their main motive for paying you was to keep you away from WRIT 383.
As far as I can see, WRIT 3611 isn’t about payment anymore, and it hasn’t been about payment either. The case is about quashing FIR 60. Your standing in that case was to defend it against quashing, not about payment. And a FIR is about criminal offences, not about civil claims.
As far as I can see, WRIT 3611 is NOT the correct case or place to file civil claims. It’s outside the scope of that case.
Other investors joining that case will have a similar standing as you had = defending FIR 60 against being quashed. That may be important in itself, but it’s not about payment or refunds.
You have still interests in WRIT 3611, but your primary interest should be to get the deal confirmed by the court, and get your part of the case “closed”. The case can still cost you 6 Lakh INR ($12,000) as long as it is “open”.
I disagree with you on some of the points /issues raised by you. I have given below something for you to read and realize that I do not need a confirmation from the Bombay High Court:
RELEVANT PART OF THE JUDGEMENT & ORDER OF BOMBAY HIGH COURT IN Cr.WP 3611 of 2011
15.03.2012
21.03.2012
@Navniit Kkhosla
Original Complainant (Respondent no. 3) is you? The court has registered the deal, but I can’t see any order where the result of the deal is ordered?
The deal seems to have been “stayed”.
If the deal is accepted by the court, they will pass an order about it, and you will no longer have any standing in the case. Your original complaint will also be withdrawn.
As far as I can see, there’s still a risk of getting the deal rejected by the court. The court has the authority to decide, so the deal is rather worthless if you can’t get the court to accept it and pass an order about that.
I believe you should try to post a description of your case in the newest ZeekRewards thread. Or I can do it for you, or I can try to “move” some of the readers there over to this thread. Some of them are much more experienced than I am in court-issues.
@M_Norway
In India section 420 Indian Penal Code is compoundable and after the parties reach a settlement this fact is submitted to the Court as a post defacto event.
The High Court is not a trial Court and hence it has not gone into the details of the payment but accepted my affidavit regarding payment of dues and stayed the proceedings.
Hence I am of the opinion that there is absolutely no way that the payment may have to be returned. The stay granted by the High Court was pursuant to the acceptance of the payment of dues. I am not worried despite your doomsday predictions.
In any case the matter is sub judice and hence I would not like to elaborate further in this matter.
Other investors can also recover their investments in the fraudulent online survey of Speak Asia. Not by internet chatting and postings but by picking their butts and taking action!
Supreme Court’s order of dismissal of Civil Writ Petition 383/2011 has uploaded:
@Navniit Kkhosla
As the Supreme Court has ordered the refund of US$ 10 mn deposited by Speak Asia, please urgently request EOW to move application for attachment of this deposit amount alongwith accrued interest.
That disposal order clearly states that this was a Money Rolling Ponzi Scheme.
I think after 26th Sept EOW will start the investigation and arrests will be made.
“It is so ordered.”
The Supreme Court no longer has a valid case to connect the money to. The deposit of $10 million was a part of the mediation in the Lahoti Committee, and it can’t be seized for other purposes than what was decided there.
I’m a bit worried about part of the order. EOW Mumbai seems to trust its own investigation, where 2,276 crore INR is the total amount. That’s not true, a major part of the money was never sent to SpeakAsia.
Manoj Kumar seems to have skimmed off most of the money before it was sent to SpeakAsia’s account (or Haren Venture’s account).
@ M_Norway
Out of Rs 2276 crore illegally collected by Speak Asia in India, amounts aggregating Rs 750 crore were illegally remitted to Singapore. Out of these remittances, Speak Asia got a draft for US$ 10 mn issued by SBI Singapore Branch, which was deposited with UCO Bank, Supreme Court Branch as per instructions of the Supreme Court.
Just like EOW got Rs 141 crore lying in Speak Asia’s franchisees’ bank accounts frozen, EOW should also get the US$ 10 mn deposit with UCO Bank frozen with court orders.
Few observations from Latest Supreme court order
That means Mediator calculated only $10 million.
Petitioner No.3 Gurdeep Singh – Punjab
Respondent No.3 and Respondent No.4 Speak Asia Online Private Limited and Haren Ventures Private Limited
“Self explained.”
Here are the names of Petitioner Nos. 1, 3 and 102 to 115. This may not be accurate.
1. Solomon James – Noida
3. Gurdeep Singh – Punjab
102. Sushil Sharma – Uttarakhand
103. Ramakan Rudola – Uttarakhand
104. Yogesh Ghandhi – Uttarakhand
105. Harish Chandra – Uttarakhand
106. Rajesh Singh – Uttarakhand
107. Ashwini Kumar – Bihar
108. Mukul Dev Sharma- Uttarakhand
109. Champa Devi – Uttarakhand
110. Meenakshi Bisht – Uttarakhand
111. Mahendra Singh – Uttarakhand
112. Sunil Kumar – Uttarakhand
113. Anil Kumar – Uttarakhand
114. Sudhir Singh Bisht- Uttarakhand
115. Amit Rana – Uttarakhand
This indicates that news reports stating ED registered a case under MLA were right. (also many other reports stating other government agencies.)
Many people here already have written this a hundred times on BehindMLM.
Oz already told this that the mediation process is useless. And we also told that WP 383 is only for 115 not for all the panelists of Speakasia. Most importantly if SC allow Speakasia to continue its operation than other scam operator will also repeat the same.
Regular readers of this blog will notice that most of the issues addressed by Supreme Court and observations made by Supreme Court are already discussed on BehindMLM in depth.
I personally don’t believe in any MLM scheme or any other scheme where you can earn/receive even one $ without any effort. My advice is not to believe in any scheme which gives you anything free. Nothing in the world is free but air.
when eow will file the chargesheet please tell if anybody know.
@sachin
You may find some answers in a newer article …
https://behindmlm.com/category/companies/speak-asia-online/