Mumbai High Court orders arrest of “Aman Azad”
It’s been a while since I wrote on the ongoing Speak Asia case. Long time readers of BehindMLM will know the saga began with our initial review of Speak Asia back in March of 2011.
Speak Asia, credited with being the largest Ponzi scheme in Indian history, was shut down in late May of that same year, with the ongoing investigation into the company continuing to this day.
A major contributing factor to the delays has been the ongoing legal action filed by Speak Asia management and it’s affiliates. Largely aimed at stalling and thwarting investigations into the company and its management, these actions are funded by Speak Asia’s CEO, Manoj Kumar from abroad.
Kumar fled India when Speak Asia was shut down and, despite promising affiliates he would return in mid 2011, hasn’t set foot back into the country since.
Over the years the Economic Offences Wing have made several arrests and, despite being challenged at every corner by the Speak Asia’s ringleaders locally, have progressively worked their way up the management chain.
Yesterday marked a particular milestone for the EOW, with not only the anticipatory bail of ringleader Aman Azad being denied, but also in that the Mumbai High Court ordered the arrest of Vivek Sharma.
Sharma (right), who goes by the pseudonym “Aman Azad” is largely suspected to be the link between Speak Asia’s CEO Manoj Kumar and Kumar’s local defacto management, who run things out of Mumbai from within the All India SpeakAsia Panelists’ Association (AISPA).
Fearing imminent arrest as the EOW closed in on him, Azad had applied for anticipatory bail a few months ago with the bail application only reaching a conclusion yesterday.
The Bombay high court on Friday rejected the anticipatory bail application of Vivek Sharma alias Aman Azad in the SpeakAsia fraud case.
Sharma, who has been maintaining a nick name of Aman Azad, was initially an agent for the firm and later became a big shot in the firms’ dubious business. The court also asked the police to arrest Azad as early as possible.
Possibly seeing the writing on the wall after the EOW presented evidence against him in court, Azad was not present in the courtroom when the verdict was given.
Of particular interest was supplementary information provided by the EOW in the hearing, which revealed Vivek Sharma was pretty much responsible for all of Speak Asia and AISPA’s online activity following the company’s shut down in 2011.
“After the firm’s business was shut down, Azad began handling the internet portal of the firm and lured investors that the police have not made any case against SpeakAsia and that the firm will be re-started again soon.
He was also handling the All India SpekaAsia panelists associations (AISPA) website. We have traced its server and are going through all the people who have contributed their essays, comments and articles on this website,” said an officer.
As noted, such online resources (including Facebook groups Aman Azad was active in and the so-called “Speak Asia Corporate Marketing” blog Sharma too no doubt is behind), have primarily been used to feed Speak Asia panelists a barrage of misinformation and false hopes of the company restarting and duped investors having their money returned voluntarily by the company.
AISPA is a further extension of those efforts, being used to group and utilise affiliates screened to be most sympathetic towards Speak Asia and its management.
As it stands now the arrest of Vivek Sharma is imminent, pending Mumbai authorities tracking him down. Where Azad has fled to is unclear.
Just last week, following the arrest of a “district collector” of money for Speak Asia, the EOW advised that their investigation was being fast-tracked.
SpeakAsia mentors had used accounts of hundreds of people or of their companies to transfer money.
There are some three-star hotels and event management companies whose accounts were used to launder money. We are calling them one by one to find out whether they did it knowingly or unintentionally,” said a police source.
With the probe being fast-tracked, around half a dozen more arrests are imminent.
Stay tuned…
in our judiciary an ABA applicant need not be present in court during hearings unless specifically instructed by the court to be present .in this case there was no such instruction by the court, which is done primarily to protect the applicants rights of approaching a higher court in appeal .
under PCMC banning act all participants are accused and this baton can be wielded against anyone at will of authorities .you can add any other unproved charges like writing a blog or looking after association website, but the charge which allows arrest is PCMC to which charges of cheating are added to bulwark it .
also to be noted in relation to our judicial system is that these kind of arrests are for ‘custodial interrogation ‘, to gather information regarding alleged crimes . in no way can they be construed as arrest for commission of a crime.to get court permission for such interrogation, hard proof is not required ,concern and suspicion are enough .
So where’s our favorite AISPA head Bahirwani in all this, hmmm?
Or is he going to pull a Nanci Jo Fraser on us, claiming he was “shocked” at the deception of Aman Azad, that he had no idea AISPA was taken over by fraudsters working behind his back? 🙂
(For those who do not know about Fraser, search for her name on patrickpretty.com… she’s a pitchwoman for Profitable Sunrise scam)
ummmmm, he lives in Mumbai ? you wanna call ?
eh ?????
These people should be hanged till death, manoj kumar is hiding in singapore with his advisors and enjoying the stay on our hard earned money and planning to launch another speakasia in india…..these bloody criminals should be shot.
@anjali
Blahblahblah, Aman Azad is now a fugitive on the run. You can make all the excuses you want to try and justify that but facts are facts.
Aman Azad has been busted operating pretty much all of Speak Asia’s online presence since the shutdown, misleading and duping panelists under the premise of them getting paid.
I wonder how much Manoj Kumar has been paying him since 2011.
Na-na-naaa-na heyyyyyhoooo, gooooodbyeeeeee.
Here’s to more arrests.
Oz you should check the latest post on speakasia marketing blog. The image there is having transparent background 🙂
Whenever somethings bad happens they hastily update the blog for diversion and makes silly mistakes.
Nothing new there, Sharma has been forging documents and uploading them for over a year now to the Speak Asia Corporate Marketing blog. The photoshopped signature has been the hallmark of Aman Azad forgeries.
It appears speakasia is closing its domains
assets.speakasiaonline.com is down
rm.speakasiaonline.com and similar domains are down
speakasiamarketing.com is down
sevenrings.net is down
@ anjali
Do you relay think that speakasia marketing blog is updated by real officials of speakasia?
For all we know, she’s the one updating them. 😉
Do you relay think that speakasia marketing blog is updated by real officials of speakasia?- andy
YES
the company can file bunches of court cases but cant run a small little blog ?
such allegations require complete suspension of logic ,and can be made only by those who have nothing substantial to say .
For all we know, she’s the one updating them. ;)- chang
extreme creativity chang ! but i think the company is fully capable of looking after it’s business 🙂
Come on now, Aman Azad has been running anything online since Manoj Kumar fled.
AISPA, speak asia corporate marketing blogspot, facebook pages. Kumar pumps $$$ to Azad and Azad flies the flag.
Now he’s on the run…
why ?? kumar and associates dont have internet access ??
what motive can anyone but the company have to run a blog informing panelists about their activities or cases ?
if the company has filed cases , why cant they have a blog ?
any proof anyone else is involved , or just a random allegation ?
YOU could be doing it oz or maybe chang 🙂 who can stop me from saying it ?
AISPA is no secret and neither is facebook . any number of speaksians visit FB pages and talk . it’s free !!
The proof was shown by the EOW to a judge in the Mumbai High Court. The judge subsequently ordered the arrest of Aman Azad, who is now a fugitive in hiding.
Like CEO, like paid stooge.
The proof was shown by the EOW to a judge in the Mumbai High Court.- oz
the only ‘proof ‘ shown in court was FB posts !
Like CEO, like paid stooge.- oz
if you knew azad’s financial condition you would kick yourself for suggesting this .
anyway , no point arguing this as you are not privy to anything that goes on here .all you get is the carefully spoonfed articles of TOI which are as far from the truth as you are from our courts and laws .
we are victims of an ancient act ,and we have to lump it .
so be it .
Belittle it all you want. The proof shown by them to the court was enough to spur the judge on to order Sharma’s immediate arrest.
You can attempt to reduce this evidence to Facebook posts, but it was clearly more than that.
No there isn’t. Facts are facts and you are forever living in a delusional fantasy world.
For 2 years now we’ve been hearing your bullshit of “you know anything” yet the case has progressed as predicted, with those responsible being held accountable – and in their absence a working the way up of the local management chain by the authorities.
The crapfest you have fed affiliates hasn’t worked here, with your attempts at casting misinformation having time and time again being revealed by order’s handed down by the courts.
Speak Asia is dead and buried, if the EOW can’t get to Kumar then it’s looking like they’ll hold the highest ranking management official they can find in India responsible. Whether that’s Bahirwani. Aman Azad or someone else hiding in the shadows remains to be seen.
Seeing as you’ve reduced yourself to dismissing reality on the basis of nothing more than “you are not Indian”, there is indeed no point in arguing this any further with you.
You’re done. Your lies are done. Your reality-suspending explanations are done. Your belief that India will legalise blatant Ponzi schemes are done.
Speak Asia is done. Deal with it.
@ Oz
Useless to say anything dear because inside and outside the court room no one knows what is going on but one thing is clear, that special public prosecutor Mr. Pradip Gharat is playing the key role and has become the key master of all the cases.
Wherever Mr. Gharat presents, becomes the deciding factor for the case. If these so called fraudsters still are enjoying or shouting from the house tops for their victory, it seems there is something fishy.
The court order is displayed on website. Here are some points to be noted
May be speakasia has submitted some business model but Courts know its a ponzi/pyramid scheme.
Jai SpeakAsia?
Panelists should start tacking their own actions instead of following some un-authorized blog posts, Facebook communities or AISPA.
You forgot all the testimony (or interrogation) from all the other sheeple / scapegoats EOW had picked up because the figurehead and the CEO are international fugitives.
Or all the marketing material that was out there, cloned by bazillion panelists… and probably copied by EOW off SpeakAsia servers…
Your prosecutorial conspiracy only works when you ignore the reality.
Ashok Bahirwani and friends must be shitting bricks right about now. The courts clearly are having no more of their and their legal counsel’s nonsense.
Also love how Manoj Kumar’s personal lawyer Abdi was representing Azad, all paid for out of panelist’s money no doubt.
Azad rocked up to court and claimed he was a victim, this argument was demolished in court because he’s profited from the scheme. And now he’s on the run.
Let’s hope the EOW track him down post haste and they can continue to work their way up the defacto management chain. Onwards and upwards to Bahirwani and beyond…
http://bombayhighcourt.nic.in/generatenew.php?path=./data/criminal/2013/&fname=ABA56513190713.pdf&smflag=N
The fraudsters have been waiting for the outcome of the criminal writ petition of 1127/2013 of speak asia. They think it will solve all the problems, as their blogpost.com describes that it is for the direction of the Mumbai EOW to hand over the database of the panelist so that they can execute the exit option at the earliest.
And after paying the money through the exit scheme, they will be free from all the charges and acts and the investigation agency will submit the charge sheet.
And after that they will enjoy the time killing processes of court’s trial as they know how speedy the Indian court trials go. That is the reason they are against the investigation and blowing their trumpet for submitting the charge sheet as earlier as possible. What a joke!
I hope that includes Anjali Bahirwani and her pop. Anjali can then sing/chat in police custody rather than here as I don’t think the cops are going to allow her/he to take their laptop or cell phone with them to jail.
Any news about exit payment….?
I think you can forget the Exit Option completely. It was a bluff all the time, but there was a slight chance they would pay some investors at some points during the case.
Try to get information about your complete upline, who they are and so on. It might potentially lead you to someone who actually have some information of value.
@indian
The exit payments were just manufactured because Manoj Kumar could pay some of his cronies off. That and their lawyers thought it might get their accounts unfrozen so they could transfer some more money overseas.
Like everything else Speak Asia management feed you, any notion of exit payments is just baloney.
There is nothing about exit option or exit payment in the business model which have been presented by their legal counsel and produced through their affidavit in the Bombay high court.
After producing the business model through the affidavit, not a single court order says anything about the exit option or exit payment.
Thus, it is useless making castle in the air in the name of exit option or exit payment. All these are dramatized by Manoj Kumar and projected by his assistants Bahirwani, Azad and their so called fraud association AISPA to get clean chit from PCMC banning act.
Why will the exit option be part of a business model presentation? The exit option is an offer made by the company to it’s panelists only due to suspension of business activities due to ongoing investigation.
Even when WP 383 was disposed in the Supreme Court they SC order safeguarded all rights of the companies which includes their right to litigate and their right to pay.
Further RBI has clearly clearly said they have no objection to the company paying. The only roadblock for exit payments now is the stubbornness of eow in not sharing panelist data.
Towards this end, WP 1127 is filed in Mumbai HC and is awaiting hearing and resolution.
Since investigation has been going on for 2 years with no apparent results and no haste to submit any chargesheet, the court will have to consider the companies offer to repay panelists, pending investigation.
I really hope for a favorable order since no law restrains anyone from repaying anybody and cheating is a compoundable offence.
Payments will DEFINITELY not mean clean chit from PCMC banning act sameer. That investigation may continue by all means and trial held as per law. I am ALL for it.
sameer imagine that you are running a business and have collected public monies for that purpose. an FIR is filed against you and a complaint is sent to RBI.
as a result the eow ties your hands and the rbi takes away your purse .you are now facing charges under the PCMC act and additional charges of cheating.
you approach the supreme court and request it to take your money and distribute it amongst the panelists who feel cheated, since you are unable to do so yourself. the SC comes to the conclusion that
1.the case is criminal so it will not make the payment
2.the numbers of panelists are too great to be handled by the court
3.whilst investigation should continue your rights are protected .
you then approach RBI through a writ in mumbai HC and ask them to return your purse. after 2 months the RBI submits an order to the HC that you are MLM, they have not stopped your banking and you are free to pay whomsoever you wish. in other words RBI returns your purse to you.
now you are standing with your rights protected ,and your purse in your pocket, but your hands are still tied. so you approach the mumbai HC once again, and request not to be untied, but just be given enough slack to deposit the money in panelists accounts.
you sameer are not a hustler, you are willing to be tried under the PCMC banning act, but you are not willing to be framed for charges of cheating.
good job sameer, keep at it, and step by step clear yourself. our judiciary can take time but it will deliver 🙂
The absurd notion that Ponzi schemes be allowed to pay out (read: launder) money whilst under criminal investigation is absurd.
The money isn’t going anywhere, it’s not in anybody’s interest (except Manoj Kumar and friends) to have Speak Asia siphon it off again like they did back in 2011 when the CID dropped the ball.
The money will stay locked until the EOW have finished working their way up the management chain.
Why is that taking so long? You only have to look at Manoj Kumar hiding out in his Dubai fortress for the answer to that.
To pay panelists the company will have to bring money INTO the country not siphon it OUT. The accounts that are lying frozen will remain so till the matter is resolved in its entirety.
Criminal investigations will continue under PCMC act. I dont get what the problem here is!
Manoj Kumar pays his friends, the company is criminally charged and then the regulators get blamed because there’s no money left to pay people out.
Mathematically there’s not enough money to pay out affiliates, Ponzi schemes always run on a defecit.
This is no different to what happens in the US or Brazil as recent examples of when Ponzi schemes get busted. If you want a really recent example, try TelexFree in Brazil – payments suspended and accounts frozen was one of the first things to happen.
(Any crap about India being “unique” will get sent to the spam bin, a Ponzi is a Ponzi due to its business model, now where it is run or based)
anjali, still everything is offer here by Manoj Kumar and all the lackeys of Manoj Kumar are just advertising his sponsored programme after receiving his instructions from him.
If you think that Mr. Gharat is alone the complete Judiciary, you are on the right track anjali after saying that our judiciary can take time but it will deliver. Keep it up with Mr. Gharat.
sameer who is advertising anything here? i am expressing my opinions here just as you are. Anybody who disagrees with you does not become a lackey of manoj kumar.
I couldn’t understand the rest of your post! what does Mr gharat have to do with anything ?and why are you suggesting i should keep it up with him????? i dont even KNOW him, sameer !
Perhaps not, but someone involved with Ashok Bahirwani certainly does.
7500 people signed the petition of AISPA and ashok bahirwani pleading that the company may be allowed to pay. so that’s 7500 lackeys with the same opinion as me!
i’m not that ‘unique’ i guess ?
Signing a petition doesn’t make you personally involved with Ashok Bahirwani. Stop playing games.
And what exactly does that prove? That 1.2 billion Indians don’t agree with you?
just recently there was a huge scam unearthed in west bengal by the name of sharada .within a matter of DAYS the govt set up a system to repay the investors.
Strangely this money was not even taken from the company itself, but the govt opened up it’s own COFFERS out of concern for the poor investors .has investigation into sharada stopped ?no it will continue on course with law.
If repayment to investors is the prime concern of the govt then why not repayment in the alleged scam of speakasia ?in this case money will flow INTO the country.
Are the investors of speakasia lesser citizens than the investors of sharada?
Did the CEO of Sharada transfer large amounts of Ponzi proceeds offshore?
Is the CEO of Sharada hiding overseas?
It appears some lessons were learnt after the garbage Speak Asia pulled in the various courts it filed waste of time and investigation hindering litigation in. Thankfully net losers appear to be paid promptly upon regulatory action taken against the company.
If anything else, at least that’s one positive legacy Speak Asia appears to have left on the Indian regualatory system. As for Speak Asia’s investors, you knowingly participated in the biggest scam your country has ever seen.
Here’s some crocodile tears while you wait for the mess Manoj Kumar created to be sorted out.
In true “Anjali” fashion, she has decided to present only a half truth in defense of her beloved fraud.
The “system” set up by the West Bengali government was a ” Rs 500-crore relief fund for the low income depositors of the Saradha Group” to be funded by a 10% increase in the tax on tobacco products and was NOT as Anjali put it “to be paid out of the government coffers”
Additionally, Saradha Group appears to have large amounts of realizable assets, unlike her beloved Speak Asia.
Since when does the govt on india set up relief funds for the crimes of private companies ?
So sharada scam has low income depositors and speakasia has ‘rich’ depositors ?
Littleroundman did you miss the parts on Wiki about how the govt of Bengal was neck deep in the scam .thus the bleeding heart and ‘relief fund ‘.
Please follow the the tobacco tax earnings of this govt and let us know when the govt recovers this ‘relief fund’ from the public instead of the company. Right now this money is straight from the govt coffers of a very poor underdeveloped state.
Please let us know when the govt is able to recover 40.000 crores from the ‘property’ of the company. Most of the properties will be ‘benammi’ ie listed under various names and NOT traceable to the promoters.
So question to LRM why is the govt saving the sahrada promoters ass? is this the ONLY scam to rock india. what about the investors in the hundreds of other ponzi schemes that fizzled out?
Lesson to take away: wherever it is possible to repay investors, it should be allowed. if a govt is willing to chip in itself on behalf of a private scam, then why not let a scam company pay voluntarily? it will not absolve them of the scam will it? then why not?
Evidently since Sharada.
I dunno about rich, but I did note the abundance of pot bellies everytime someone published a photo on one of the Facebook groups (before they went all hush hush and private).
Sounnds like a pointless task. Money doesn’t just appear out of thin air.
All the more reason to nip scams like Speak Asia in the bud. Before they get out of control.
If they’ve already been identified, it follows that the owners have been traced. Manoj tried to pull a shifty with assets in his wife’s name from memory. That didn’t work out too well.
Ponzi schemes can’t pay out their investors 1:1, that’s why they are unsustainable scams. Somebody has to lose money once the new investment stops, as the company has already paid out >100% to earlier investors.
What was it, 40,000 INR or 60,000 to Ashok Bahirwani’s number 2, Vivek Sharma? Maybe he could pay out some of his fellow investors. It is after all their money he was paid.
Permitting a Ponzi scheme to shift any money prior to the conclusion of a regulatory investigation and/or pending legal action creates the high probability scenario that money will simply disappear, as Speak Asia already demonstrated back in June of 2011.
Once bitten twice shy, you only have Harendar Kaur to blame for nobody taking Speak Asia’s shallow promises seriously.
Hey anjali !
If 7500 people signed the petition of AISPA, How many people signed the power of attorney in the name of Vivek Roopchand Sharma which had been mailed by Bahirwani to the people ?
There is a hot discussion on the issue of power of attorney going on among the people. For what that Power of attorney was? Any idea?
Hey Sameer !
once upon a time long long ago a legal initiative had been started by AISPA to file en masse anticipatory bail applications in the mumbai HC.
As speakasians from across the country could not travel personally to mumbai, considering the costs involved for travel and boarding , POA ‘s[power of attorney] were signed and mailed to AISPA in the name of vivek sharma who is a resident of mumbai and would file the ABA petition on behalf of the speakasians.
At a later date this idea was dropped by the legal team and so it was a wasted effort. i do not know how many people signed and sent the said POA’s, but from memory, i think the numbers were not satisfactory and this was one of the reasons the plan was dropped.
Giving power of attorney to one of Manoj Kumar’s senior cronies was never going to be a smart idea.
Fooled in a Ponzi scheme sure but at least Speak Asia’s panelists had that much sense.
that’s just an oxymoron .if panelists were convinced they were sending POA’s to “one of Manoj Kumar’s senior cronies” , then believe you me , there would have been thousands of POA’s !
Oh please. Everyone knows Aman Azad and Ashok Bahirwani are tied at the nether regions with puppetmaster Manoj Kumar pulling all the strings.
It’s one thing to sign petitions and sing the praises of Kumar in the vague hope you’ll get your money back. Signing your life over to these scamsters however, well that effort had to be abandoned as you said due to a lack of interest.
please don’t descend into stupidity on my time oz.
anybody with a modicum of legal knowhow knows that POA’s are for a specific reason only, nobody signs their life over unless the POA specifically says ‘I am signing my life over via this POA”
So what if the plan was abandoned ? many ideas are discussed and worked upon and they either go ahead or get dumped, that’s normal in legal processes and such like.
It shows that when push comes to shove, all this grandstanding amounts to nothing. Even the affiliates don’t trust Speak Asia or its cronies.
I don’t blame them, Manoj Kumar and said cronies have already stolen their money. Who knows what other shenanigans would follow if POA was signed over.
Already one panelist has complained about his signature being forged on court filed documents by Speak Asia.
The Power of attorney or their so called whirpool of POA has become the albatross around their neck now. IPC acts 406, 420, 120B, 468 and 471 fit proper for that fraud Vivek Roopchand Sharma along with his master Bahirwani.
The New Companies Bill gives more statutory powers to the government’s investigative arm Serious Fraud Investigation Office (SFIO) to tackle corporate fraud.
Participating in the Rajya Sabha debate, Congress leader Mani Shankar Aiyar asked Pilot to guard against bogus business entities.
Supporting the Bill, the BJP said a proper check needs to be there to ensure that unscrupulous people do not take advantage of the one-person company provision.
As speak asia is not a registered company here, we have to see how more this bill will be positive and effective for this company.
Let see what happens in the coming days after the implementation of the bill.
tell the whole story. a manager, fearing arrest , files an ABA , after some days there’s a newspaper report that says he claims he has not signed the WP 3210 , and voila not only does his ABA get withdrawn mysteriously , but he is not arrested either . strange ! such out of court ‘settlements’ are considered very illegal !
7500 signatures on the petition this year , and barely any FIR’s in 2 years , but go ahead and interpret stuff any way you like .
sameer, i cannot respond to your post, because i just cannot understand what you ramble about.
Oh, you mean the story you just made up. Right.
The irony is delicious.
And how many hundreds of thousands of Ponzi victims? It’s clear only the inner circle of net winners (both those who cashed out and were stupid enough to re-invest everything they “earned”) bothered to sign anything.
And out of that pool even less trusted those running the scheme to handle their affairs personally in court. Again, I don’t blame them – Kumar and his cronies have run off with everyone’s money. Now you have Sharma on the run from the authorities too.
Made perfect sense to me. Maybe you can send it off to Kumar and he’ll get his script team to send you back a reply to can parrot off to us here.
well, here are the salient features of the new companies bill which was passed by the upper house a few days ago .it’s a damn good bill and long overdue .but i fail to see any connection with SAOL investigation :
http://www.sify.com/finance/salient-features-of-the-new-companies-bill-with-parliament-okays-new-companies-bill-makes-csr-mandatory-news-national-niitOiejhec.html
this particular report does not mention it, but one of the points of the new company bill is the setting up of SFIO [serious frauds investigating office ] to investigate corporate crimes.
over an year back the speakasia matter had been assigned to SFIO for investigation .several months back a TV news channel [either zee business or CNBC awaaz] had reported that SFIO has concluded it’s investigation into speakasia and submitted it’s report to MOCA [ministry of corporate affairs]. according to the TV channel , the SFIO report had reported three findings :
1]the company was not registered in india
2] it would be difficult to calculate the cost of the e-zine
3]as much as i rack my brain, i cannot recollect the third point but i THINK it quantified the sum total of funds transferred by the company out of the country .
Mr.Pradeep Gharat, Special Public Prosecutor is once again going to be the deciding factor in WP/1127/2013 of speak asia on 20 August 2013 in Bombay high court.
Today afternoon in the proceedings in CrWP/1127/2013 the Hon’ble Bombay High Court has disposed of the writ petition.
EOW had informed the Court that it needed three months more for completing the investigation and filing the charge sheet in my FIR no. 153/11 which was renumbered as CR no. 60/13 by EOW. The Court has recorded that EOW shall file the charge sheet on or before 16th Dec, 2013.
An advocate appeared for Speak Asia and pleaded for the data pertaining to the panelists be provided to it by EOW as it had taken away the servers. The Spl. PP did not accept the allegation that the EOW had taken the servers. The Court declined to pass any favorable orders on the plea of Speak Asia for the data.
The detailed order should be out in a day or two.
Melvyn Crasto, Ashok Bahirwani and about 7/8 other prominent personalities of Speak Asia were present in Court from about 11 am to 4 pm.
Today on 23-August-2013, Bahirwani’s SLP 3130/2013 in Supreme court of India has been granted. The next SLP 6310/2013 of Vivek Roopchand Sharma alias Aman Azad will be granted sure on 16-September-2013 on the ground of parity.
It means, both the fraudsters won their game of fraud and Investigation officer and Investigation agency lost.
The game is finish completely now.
So no arrest, but the EOW still have to file the chargesheet. Wonder what the basis of no arrest was no arrest before a chargesheet is filed)? For the sake of the investigation and chargesheet one would hope the EOW still have interrogation rights.
They appear to be busy of late busting up the Qnet scam from what I’ve read.
Meanwhile I would have thought the Supreme Court might have learnt to deal with Speak Asia’s judicial nonsense after Speak Asia’s lawyer committed purjury and Lahoti Committee debacle, but it appears not.
I imagine in the future we’ll be looking back on this as a judicial blunder, similar to the court lifting the CID injunction that permitted Harendar Kaur to transfer millions out of India.
Ah well, the saga of India’s largest ever Ponzi scheme continues.
As I assumed in the case of speak asia, I was always in the suspicion about the role of Mr.Pradeep Gharat, Special Public Prosecutor for the respondent EOW. His role always created suspense.
His cool and sympathetic attitude always created safe zone for both Bahirwani and Azad and the result is before the people in the victory form of SLP of Bahirwani is granted by the Supreme court of India.
Mr.Pradeep Gharat, Special Public Prosecutor has made the path of victory for both the fraudsters and lastly Bahirwani achieves his goal on 23-August-2013 and Azad is going to achieve his goal on 16-September-2013.
It is nothing but only a Indian Bollywood drama that is going on in the court room. At the end, all will enjoy with one another but the poor panelists won’t be allowed in their party.
It is a known fact that in India law is an ass. Further, advocates can be bought by the opposite party and nothing can be done about it as the advocates are protected under the Indian Advocates Act.
It is for this reason that millions of court cases are pending all over India and only the rich and influential get priority treatment. Millions of Indians are in jail awaiting trail for decades just because they do not have enough money to get themselves out of this dilemma. India is a socialist democracy only on paper.
Speak Asia is an influential and rich party having become rich from the money of gullible Indians. It can have its way with the registrars of courts as compared to EOW and prolong a case until forgotten.
I will not be surprised if the EOW too has been bribed by Speak Asia to play hot and cold with them. The EOW and CID Andhra Pradesh have been handling this case for over two years. Yet they keep asking for more time from courts to bring forth charges.
I also wonder as to why the fraud of Speak Asia is restricted just to the courts of Mumbai and Andhra Pradesh. Why not other States like Uttar Pradesh where too lakhs of members have been cheated?
I think a Amit had in one of his posts given names of agents in Uttar Pradesh who collected the cash and sent it to another distributor in Jabalpur, Madhya Pradesh. But nothing is come of it.
From tamil nadu also lot of panalist was cheated.
get over your obsession with mr gharat. he is the public prosecutor who speaks for the IO of the EOW , in court. he represents maharashtra state in mumbai HC, he does not operate in the SC.
hmmm, so when courts rule against speakasia and it’s panelists, everything is kosher. but if the courts rule in favor, law becomes an ass.
that’s a good argument juta, really intellectual!
in andhra pradesh the CB-CID completed it’s investigation long ago and filed their chargesheet. the TRIAL has commenced in andhra. EOW should rush to the trial, there is no need for further delay.
bahirwani has been granted anticipatory bail, but he can still be called for interrogation .i think he looks forward to it.
problem is, ever since the mumbai HC gave bahirwani permission to record his ‘interrogation’, to prove he is cooperating to the best of his ability, he has not been called for interrogation.
what to do ?
WP 1127 was disposed in 3 hearings plus 1 hearing of WP 3210/3211 which the mumbai HC clubbed along with WP 1127.
We have heard learned Counsel for the Petitioner. Issue notice to the Respondent. Learned APP accepts notice on behalf of the Respondent – State and prays for two weeks time for obtaining necessary instructions.
Let the learned APP take instructions and file an affidavit of the Investigating Officer specifically on the point as to when the investigations would be completed.
This query was raised because we noted that the First Information Report has been registered in the year 2011 and we are nearing September, 2013, but there are no indications of the investigations being concluded or otherwise.
Let an affidavit be filed by the Investigating Officer and it should be his personal affidavit, stating as to why it has taken more than two years for him to conclude the investigations and file a report in the competent Court.
All oral explanations now given across the bar cannot be accepted unless this Investigating Officer is bold enough to state them on affidavit. To enable him to place such an affidavit, stand over for one week.
court accepts the IO’s undertaking to file chargesheet by 16th dec,2013 latest .no order relating to sharing of data was passed.
Though 1127 was about asking the EOW to share data with the company, the court did not discuss this issue at all, but simply went for the jugular ,ie delay in filing of chargesheet which is the root cause of the problem.
Everyone knows that Mr. Gharat is the public prosecutor and he is for the EOW in the court room but it is the bitter truth that due to Mr. Special PP the fraudsters are in the safe zone now.
What EOW has done yet in the case of speak asia? EOW has done nothing but only provided fraudsters the way to flee and supported them to prepare the safe zone.
The EOW, the IO and the Special PP too are not on the opposite side of the fraudsters rather they are with the fraudsters and all are only throwing dust in the eyes of the public. All these happen only for and due to money, money and money and here in this case money is playing the important role.
well sameer ,it’s really nice to see some vitriol directed at the EOW.
better them than us 🙂
Why the investigation has taken so long is easy, the owners of Speak Asia continue to hide overseas and use the millions they stole to hamper investigative efforts in India through a chain of defacto local management.
If IO files as much in their affidavit I wonder if the courts will order Manoj Kumar and Harendar Kaur to return to India for interrogation. It would certainly put Speak Asia in a predicament.
The root problem isn’t the chargesheet delay, that’s merely a symptom. The root problem is the fleecing of millions of dollars from Indians with the owners of the operation hiding outside of the country.
if anyone is hiding overseas, the investigating agencies can and should use all legal weaponry including issuance of red corner notices etc.
as far as siphoning out money is concerned the RBI made it clear in response to a Right to information {RTI} application by a panelist ,that SAOL had not transgressed any FEMA regulations [foreign exchange management act ]. This matter has never come up in any court, whether in AP or in mumbai.
as far as de facto management goes our courts don’t agree with you .you are obviously pointing at bahirwani but look what our SC feels about this.
in our system an alleged crime is investigated ,chargesheet filed and matter resolved at trial .so if a charge sheet is delayed, it means delay of the trial, and who does this help ?
hearsay and circumstantial evidence, thankfully, have no place in courts.
If? Let’s not play games, Manoj Kumar and Harendar Kaur have been hiding from the law and are solely responsible for the delays.
There appears to be a weakness in Indian law when it comes to crime and hiding overseas.
The RBI had nothing to do with Speak Asia lying to judges to have the CID assett freezing injunction lifted. It was re-instated two weeks later after the realisation the lifting of the injunction was a mistake, but not before Harendar Kaur siphoned off millions of dollars out of India.
That was one of the major blunders of the Indian legal system in dealing with Speak Asia. That and the whole Lahoti Committee debarcle. When one looks at how countries like Brazil and the US handle Ponzi schemes, it become painfully obvious how ill-equipped India is to deal with Ponzis the magnitude of Speak Asia.
If you’re responsible for running the largest Ponzi scheme in India, it helps you a great deal.
Courts: file the chargesheet already.
EOW: we can’t, Kumar is hiding overseas and we need to bring him to trial.
Courts: so bring him in then.
EOW: we can’t, our laws aren’t equipped to deal with modern day online Ponzi schemes.
Courts: so what now, we become the laughing stock of the online Ponzi world?
EOW: pretty much.
Manoj Kumar: can I has get out of jail free now?
filing of a charge sheet against a company, has nothing to do with someone being overseas. if this were true, every company in india which commits a ‘crime’, would just send their MD abroad and escape being charged and tried. remember, chargesheet has been filed in andhra pradesh.
you can charge sheet a person who is not available for interrogation ,and after that the law takes it’s own course ie red corner notices etc .
hell, am i GLAD. let’s all take it out on the legal system now !let us NOT be rational and consider for a moment that the company DID NOT violate any law.
If they are charged with money circulation ONLY the EOW have access to the website and know how the company’s business model functioned. They will have enough evidence to prove money circulation so why not just GO to the trial and prove it?
i must make a strict note here oz , that when bail applications are rejected by lower courts you seem to have no problem at all with our legal system. When 383 was disposed by the SC you found it gratifying too. your sudden about turn seems to stem from personal dissatisfaction rather than any weakness of our law.
Speak Asia was a Ponzi scheme by virtue of its business model. End of story.
It brings me no pleasure when scamsters further trash the MLM industry’s reputation with Ponzi schemes and then attempt to justify the running of said scheme via a country’s legal system.
Whether or not India legalizes Ponzi schemes by merit of a ruling later down the track is immaterial in the long run (other than it being a judicial humiliation the country will have to live with), Speak Asia remains a Ponzi scheme – an unsustainable recruitment-driven investment scheme.
That’s the sole extent of my personal interest here within the scope of BehindMLM. Of far greater concern than the Kumars and Bahirwanis of this world however would be a court ruling Ponzi schemes legal in India by virtue of a decision that Speak Asia’s business model was deemed legal.
Phoenix Legal and Manoj Kumar appear to believe this will happen and as such, yourself included, are pushing for a case under the PCMC Act, which I believe is not applicable to modern Ponzi schemes.
I’d naturally have to cover that as it would set a worrying precedent for Indian based scams and those that are based elsewhere but target Indians in the future.
Basically whenever someone asks what the chances are of a scam getting shut down in India the answer would be “India doesn’t shut down Ponzi schemes, they’ve legalised them”.
Those are the stakes here, which I hope the EOW and Indian courts are aware of. Your own personal involvement in Speak Asia and fleecing of your fellow investors is small potatoes.
If the SLP of Vivek Roopchand Sharma alias Aman Azad is granted by the Supreme Court of India it will be a complete failure of the investigation agency, the investigation officer and the.
Then it will be proved later that either the investigation agency and the investigation officer have been bribed and fully satisfied by the fraudsters or they are really bogus in their work.
They had nothing to do against the fraudsters. They had been making false and baseless sand castles in the air and threw dust in the eyes of the people and the judiciary as well.
It’s the high time and totally depends upon the investigation agency and the investigation officer to protest against the SLP of Vivek Roopchand Sharma alias Aman Azad and get it rejected during his hearing in the Supreme Court of India and nail this fraudster, take him into custodial interrogation directly from the Supreme Court of India.
I’m sure, after that all the thugs and fraudsters can be trapped easily and one by one in the hands of the investigation agency.
the Final Order of WP 1127 has been uploaded today on the website of the bombay high court .
for the people who refused to believe that the exit option existed, or that the EOW did not have control over the servers of the company,one tight slap straight from bombay HC.
do do DO note how the HC order leaves all remedies in law available to SAOL, while accepting the IO’s personal sworn undertaking to file the CS by dec 16th,2013.
http://bombayhighcourt.nic.in/generatenew.php?path=./data/criminal/2013/&fname=WP112713200813.pdf&smflag=N
yipee and yahoo !
There is no acknowledgement in that order of either an exit option or data being held by the EOW, only acknowledgement of Speak Asia’s allegations. The court even acknowledges that there are “disputed questions of facts involved” and refuses to pass an order on this basis.
Want to know what the IO’s report is going to contain?
Here:
From the Lahoti Committee (which suspended investigations for how many months?), Speak Asia’s lawyer’s purjuring themselves in court by filing false business models, the bullshit exit option payments and funding of Manoj Kumar’s friends to stall the investigations via the courts, I’ve been saying this all along:
If you want to know why the investigations are delayed, ask Manoj Kumar.
I suspect the EOW’s gameplan now will be to file a chargesheet and escalate things from there. Bahirwani and Azad’s interim bail protection will probably be lifted once the chargesheet is filed as the PP will demand they need to be permitted to continue with their investigation and obtain further evidence against the company.
Ultimately it will come down to Speak Asia answering the awkward question of why their CEO has been hiding overseas for the past two years and doing his best to interfere with police investigations via his various proxies. This includes using the very delay in the investigation that he is responsible for as a platform against the agencies investigating him and his Ponzi scheme.
Either way panelists aren’t getting their money anytime soon, Kumar didn’t go through all this just to refund everyone the money he stole from them. Let’s see how things play out. Three and a half months gives the EOW plenty of time to escalate things if need be before filing anything.
yup , he said SAOL has filed litigations which made investigations slow .and now the IO has given a personal sworn affidavit to file the charge sheet by dec 16th .in our courts people cannot go back on their own sworn affidavits and ask for MORE time.
usually the thumb rule is that investigations are completed in 6 months and in complex cases in one year. here, the EOW has been spoilt silly with regards to time, so it’s timeover for them now.
i’m sure the company has no problem in accepting it has filed litigations. hell, without THIS litigation how would the EOW have been binded over about completing the investigation ?without litigation how could bahirwani or azad get relief from the court?
so we’re really really sorry to have troubled the IO but hey, we’ll file as many cases as we like.
even in this order the HC has allowed to company to pursue all legal relief possible.
umm, oz chargesheet means COMPLETION of investigation and the matter then rests with the trialcourt, and i have a feeling the company looks forward to THAT.
the CEO of SAOL has hired the services of a top law firm phoenix legal to represent himself and his company in the court of law .our judiciary has NO problem with this .did you read the order ? does it say, hey manoj kumar, come back?
Thumb rules don’t apply to the Speak Asia case. Usually the Ponzi operators don’t have hundreds of millions of dollars to waste in court.
This case was no different until that judge lifted the CID injunction on Speak Asia’s bank accounts. Reversing the decision two weeks later was pointless, the money had already been siphoned out of the country.
You represent a Ponzi scheme who believes Ponzi schemes should be legal in India. Of course you will, all the while dangling the carrot of refunding participants meanwhile using their money to fund your cause.
It’s worrisome what Manoj Kumar must be paying you lot.
Well then like I said, it’ll boil down to Speak Asia answering the awkward question of why their CEO has been hiding overseas for two years. Move for mistrial, get Kumar ordered back into India… who knows where it could go.
Trying to argue the $20 AdStation business model would be silly, it’s an obvious Ponzi scheme. Brazil had the same crap going on with TelexFree and their $289 AdCentrals and look how that’s turned out. Same model, different Ponzi front (made up surveys/VOIP they didn’t have a license to sell or operate).
And those publicly running AISPA, and those running AISPA behind the scenes, and those keeping local panelist investors in check. Yes, yes we’re well aware of Kumar’s investigation stalling efforts.
It’s simple, either India legalises Ponzi schemes or Kumar and his cronies go to jail. Whatever happens inbetween is just popcorn fodder.
You and the rest of the Speak Asia villagers (and really, the fact that we have to even discuss the legitimacy of Ponzi schemes in 2013 speaks volumes), who can only see past your own wallets fail to recognise that the lack of a chargesheet isn’t due to unable to prove that Speak Asia is a Ponzi scheme in court, it’s to do with being unable to hold those responsible once the case runs through the court.
What’s the point of bringing down the largest Ponzi scheme in Indian history if the CEO is off hiding in another country. That’s what the investigation
Whether or not Speak Asia is a Ponzi scheme investigation wise was concluded way back in the second half of 2011. I mean what, spend 20 minutes running through the affiliates paying money into the scheme and being paid with new affiliate money and it’s game over.
No, this is about holding people responsible. People like Bahirwani, Sharma and of course Manoj Kumar.
Anyway we’re going around in circles. Speak Asia is a Ponzi scheme and its management are in hiding while they use stolen investor money to try and convince Indian judges to legalise Ponzi schemes.
That’s been the reality of the situation since May 2011 and will be till the next chapter is written in December.
(Ozedit: Yeah got it, you believe Ponzi schemes should be legal. Good luck arguing that out in court.)
Any update regarding speak Asia case….?
Final order in SLP 3130
Posted by Mobi-Club Admin
Whoever posted that can’t seem to speak NORMAL English.
Plain-speak version: “Bahirwani will not be arrested as long as he cooperates with the investigation, the court so orders.”
You need ten paragraphs to explain that? Sheesh. No wonder why SpeakAsia case is dragging on so f***ing long.
He didn’t try to do it either. Most of it was quotes, from a court order and from a legal dictionary.
It’s the type of comment you can expect to find in a forum thread where people have all sorts of misleading interpretations of something, where one of those who have SOME knowledge is trying to post the correct interpretation.
You will clearly see the need for those types of comments if you read ONE single interim Court Order from an Indian Court. The orders are designed to “confuse the enemy” rather than for communication purposes. But that order actually was rather CLEAR.
There has probably been some discussions about the meaning of INTERIM, ABSOLUTE, DISPOSED. Introducing a new “meaning” will only add to the confusion, while introducing a correct and detailed explanation may reduce the confusion.
since most people are not conversant with law and legal interpretation of words, someone has tried to explain the matter in a rather detailed [!] manner.
i think the confusion is because people understand what an ABA [anticipatory bail application] is, but not what an SLP [special leave petition] is.
bahirwani’s ABA was rejected by the bombay High Court and he filed an SLP in the Supreme Court for reviewing this order. the SC first gave him interim protection from arrest ,and on subsequent hearing , made absolute this protection.
the HC order found bahirwani guilty under the PCMC act only [money circulation], but the SC refused to consider this charge, as activities under PCMC are bailable. the SC wanted to see some definitive proof that bahirwani was in any way associated with the running and management of the companys’ business, which the EOW was unable to provide.
charges of running an association AISPA, or writing articles, or being supportive of the company, were not even considered by the court, as these are rights enshrined in our constitution.
Now a new Criminal Writ Petition no. 3089/2013 has been filed by Amanciana Melwyn Crasto on 23.08.2013 for relief u/s 482, 226, 227, 166, 167, 342, 506 PART I, R/W 34, 120B and is now listed for hearing on 07.10.2013.
It seems this CrWP was ready for filing and was filed immediately after the orders of the Supreme Court on 23.08.2013 in Bahirwani’s Cr. SLP 3130/13.
@Navniit
Well I suppose that’s the sort of legal representation hundreds of millions of dollars in Ponzi scheme proceeds gets you.
The battle for the legalization of Ponzi schemes in India continues.
see , even you have interpreted it wrongly , and then you poke fun at speakasians, who mostly are unable to figure court orders.
the protection to bahirwani ,from arrest in FIR 60, under investigation by mumbai EOW ,is ABSOLUTE and the SLP is DISPOSED . there can be no running back to the SC by the EOW under ANY pretext .
IF at ALL they invite him for interrogation, and IF at ALL they feel he is non cooperative, they will freshly have to submit this to a lower court in mumbai .but since the high court has already recorded on order, that EOW are not willing to record his investigations, to prove or disprove cooperation this route is now closed to them .
We seem to have been down this path before. It wasn’t all that long ago that that Manoj Kumar’s Ponzi crew were running around telling everyone that Writ 383 and the Lahoti committee were “final”.
As has previously happened, at some point Kumar and Bahirwani’s bullshit will unravel and what is “final” is all of a sudden “not final”. At which point Bahirwani crawls back into his hole and disappears again.
To any Speak Asia panelists wondering what is going on, allow me to simplify:
Manoj Kumar stole your money. Now collectively Kumar and friends, of which Ashok Bahirwani is one, are using your money to do their best to hamper investigations into the company. This is evidenced by Kumar’s continued absense.
That’s pretty much it and, most likely due to India’s woefully inadequate laws against Ponzi schemes of this magnitude (of which Speak Asia was the first), the case will drag on for some time.
As is the case right from the initial closure back in May 2011, your money is gone. Kumar and Bahirwani are not giving it back. Forget the promises, forget the lies, forget the silly legal dictionary updates. They’re just stringing you along and have been for over two years now.
There is nothing unique about Speak Asia, it’s Ponzi business model or the fact that it targeted India. It’s the same old “admin runs off with everybody’s money” Ponzi story that has been told countless times before. Only this time it’s playing out in slow motion because the owner ultimately wishes to return to India.
But only under condition of him not having to pay out the money he stole and face responsibility for orchestrating a collosal sized Ponzi scheme.
Personally I’m not entirely sure what he’s worried about. Dunno how many thousands of dollars Kumar has spent of your money keeping his cronies out of jail but it appears staying out of jail is as simple as dodging the law, waiting for it to catch up with you and then running off to court to dodge it some more.
Just make sure you register your Indian Ponzi scheme offshore first.
It’s not the matter of dodging the law. It’s the matter of HANDS IN GLOVE with the law.
As much as you can spend in the Indian courts and on the law, you can rule with unjust and power in India well.
Manoj Kumar, Ashok Bahirwani and the law master ABDI know how to use people’s stolen money inside the court campus.
@anjali
Tell me one thing AISPA has done for the panelists in three years.
Speakasia has many chances to prove its authenticity against RBI, Lahoti committee and various HC and SC cases. Please give only one instance where government authorities said Speakasia was not a scam or doesn’t appear to be one or Speakasia proved it’s business was real.
andy ,where should the company go to prove that it’s business is REAL and it is not a scam ?
which authority is ‘authorized’ to give such a certificate ?
the court cannot give a final decision pending trial , and finally only the law will hold ,not irresponsible comments of politicians or the media.
If your business model is that of a Ponzi scheme no court, no authority, no official body, no amount of investor-funded legal representation can absolve you.
The fact remains, Speak Asia took money from new affiliates and redistributed amongst existing affiliate investors per a set weekly ROI payment. The company also directly paid out a commission on the recruitment of new investors.
Whatever is decided in the Indian judicial system does nothing to negate Speak Asia’s compensation plan and business model. They alone will ensure the company goes down as one of the biggest investment scams in Indian history.
The failure to recognise Speak Asia for what it is by a court does not negate the Ponzi investment nature of the business model. All it means is India legally accepts the Ponzi scheme business model and is proud to have its citizens repeatedly scammed by the likes of Manoj Kumar and friends.
turns out Criminal Writ Petition no. 3089/2013 is not a new case at all but has been in the lower courts for over an year now.
it seems mrs crasto has filed a case against the illegal detention and arrest of her husband mr melwyn crasto in late 2011.
this case has nothing to do with SAOL , it’s about violations of the provisions of CrPC [criminal procedure code]and is more important as a case for ensuring the police adhere strictly to CrPC rules and regulations.
law-wise it could be a precedent setting case , but SAOL -wise it’s not important.
…
hello oz, it got racked up to the high court NOW in 2013.
before this is was being heard in the lower courts ie magistrates court and sessions court in mumbai .
cases just become ‘visible’ at high court level because everyhings on the net thereon.
in the lower courts it must have been numbered as XXXX/2012.
Company doesn’t need to go anywhere.
Though registration of the company and obtaining different licenses is a necessary condition it is not sufficient.
The only way to check whether a company is doing a real business or not can be done by looking at the accounting reports and balance sheet of the company.
It appears my questions are still unanswered:
(1) Tell me one thing AISPA has done for the panelists in three years.
(2) Show us only one instance where Speakasia proved it’s business was real.
you are aware aren’t you andy, that the company has shown all its balance sheets , accounting reports et all to the RBI ?
pursuant to that banking of the company has resumed and RBI has not said ANYTHING against the company in it’s order to the bombay high court .however the RBI clarified that it does not have the AUTHORITY to comment on whether the company can be classified as money circulation.
ONLY EOW can INVESTIGATE a company under PCMC, NO other Govt Dept is authorized to comment on this, and that is whole bloody PROBLEM!we need a central agency to decide on this, and then turn over cases to the EOW ,if they find the company fraudulent .
so i will repeat to you ,which govt agency or dept ,should the company go to, and show it’s balance sheet etc .fix the date and time and inform phoenix law and i’m sure the company will be only too happy .
according to LAW only EOW can investigate, and then ONLY at trial can it be proved, whether a company is guilty under PCMC or NOT. so the company has no choice but to struggle through the courts, and have a media trial run alongside .
are you AWARE andy, that LUCKILY the trial has started in andhra pradesh and the company has been informing this to the bombay high court repeatedly , to please send the EOW there .why the delay ? now finally the bombay HC has asked for CS to be filed by dec,2013, and then things will move to trial.
AISPA has kept the panelists united and informed about the progress of various cases.a few months back around 17 press conferences were held in various parts of the country, and approx 40 regional papers reported the SAOL matter from the panelists perspective .
last year a petition with 4500 signatures was sent to various ministries and departments and this year a petition with 7500 signatures has been sent.AISPA is the united voice saying ‘let the company pay ‘and it will continue till the exit payments become a reality .
show me one place the company can go and explain it’s business model and show its accounts and get a clean chit .from what i am given to understand every govt dept says, -‘ it is not in our purview . let EOW do it -they are the only authority on this subject ‘
so it has to go to trial , and the only way to speeden that up is for the EOW to speeden up . why delay ?
PS: my answers can reach you only if ozzie darling chooses to post my comments 🙂
K. Chang has interpreted it correctly. The “absolute” is related to the first part, the one about interim order. The interim order has now been made absolute (no room for appeal). Then it has some conditions, and Chang interpreted it correctly.
Bahirwani must meet to interrogations following normal rules, and the police can’t use “unwillingness to cooperate” as a reason to arrest him. “Unwillingness to cooperate” isn’t a valid reason in itself to arrest anyone. Most people actually are rather unwilling to cooperate with the police when they are involved in the case themselves. 🙂
I haven’t read the 12.04.2013 order, but I’ll guess it was about a temporarily protection against being arrested without valid reasons (in this case). That order has now been made final and absolute, it’s no longer temporary.
But the protection will only apply to unjustified arrests, or poorly justified in something that isn’t illegal in itself.
SECTION 438 (2) (about bail)
Section 437 (3)
The Supreme Court has noticed his “conspiratory attitude” or something, since they needed to specify that in the conditions?
you may be surprised to hear this , but in our courts , investigating agencies use the bogey of “unwillingness to cooperate” very very freely ,and arrests are freely allowed on these grounds. this is why bahirwani asked the court for permission to record his interrogations ,at his own cost ,to call the EOW out on their bluff .
he has never been called for interrogations after this ,and naturally this cant be used against him again .this permission from the HC was a precedent in our criminal justice system and i hope more people will avail of this order if they are unduly harassed
if the SC noticed any “conspiratory attitude” , they would not be shy to say so in their order. while investigations are going on in a particular case, and the court awards protection from arrest, certain bail conditions always apply. this is the ‘norm’ and nothing special to this case.
in this case Section 437(3)is not applicable because offences under the PCMC act have a maximum punishment of 3 years .
They HAD read the case documents, and the conditions looked like they were specially designed for Bahirwani (except they missed that 7 year exception).
* not influence witnesses
* not leave India
* not participate in conspiracies
That simply IS Bahirwani himself, the very core of him.
(Ozedit: Please do not just copy and paste random comments from other websites and paste them here with no additional contribution of your own)
Is that the strength of AISPA or is it that all members are not participating in giving signatures or is that the maximum number of members who are entitled to exit payments out of lakhs of members who lost their hard earned money in the ponzi scheme of Speakasia?
none of the above.
‘A petition is a request to do something, most commonly addressed to a government official or public entity’.
the signatories are panelists of speakasia , and that is only requirement for a petition of this nature.
if you have followed the company’s blogspot, you will know that approx 94,000 people applied for the exit option, who’s hardearned money will be returned to them, when the company is ALLOWED to pay .
No it won’t. Manoj Kumar’s been too busy spending it all on hookers and blow in Dubai.
Ponzi scheme admins don’t refund their victims.
ugly oz ,really UGLY ,now you’re OVERDOING the vitriol 🙂
if you’re alive say 6 months from today, we can talk about this OK ?
What about the many lakhs of members who recovered part of their initial investment via payback for surveys done or commission of getting new members in the “embrace” (sic)of Speak Asia, but did not recover their full initial investment as members?
I am sure they do not form part of this 94,000 “people”. My two family members lost net 17k of initial investment of 11k each excluding the unpaid points for surveys done amounting to another 17k since joining in March 2011.
Again, who is stopping the company to pay? You have all the details of each of the members bank accounts and their residential addresses and mobile nos at the so called “server farm” in Singapore.
So pay directly into our accounts. RBI does not have any objections to that. Or contact us from the database that you have and we will provide you with Paypal accounts to which transfers can be made for onward remittance by us to our Indian banks. How about it?
what juta ? have you read the exit option properly or not ?if you have paid IN more money than you have received ,then you’re entitled to the balance via the exit option .
in the beginning it was the RBI and the EOW .the problem with the RBI has been resolved and the problem with the EOW investigation is moving towards resolution .
as long as the CONTROL of the data of the company is with the EOW for their ‘investigation’,the company is not legally entitled to use this data without court permission or the investigation coming to a close.
the Supreme Court allowed the EOW to continue it’s investigation in 2012 and now Bombay HC has told the EOW to end it’s investigations in 2013 .once the investigation ends the company will be legally entitled to take back control of it’s data and do whatever it likes with it , which is when exit payments are expected to be made.
Lol, “the company’s blogspot”. You mean Aman Azad’s blogspot right?
Ever since the photoshopped signatures were catalogued, what a joke that farce was.
yup !
and when the company takes it’s data back, azad will pay everyone .right ?
after ALL, he is the brother [in law] of manoj kumar according to your inhouse sleuth service .right ?
ROFL
Of course not. He’s simply a paid stooge.
Panelists money is long gone. This is how Ponzi schemes play out the world over.
Nope. That is not the terms of the “exit option”. It states that if income from the surveys or/and commission from getting additional members to Speak Asia is less than amount invested then only the balance will be paid via the Exit Option.
It, thereby, suits only new entrants who did not do any surveys due to clamp down in May 2011.
In the case of my two family members the net investment loss of 17k is equivalent to (unpaid) survey income of 17k or more, therefore, they do not come under the terms of the so called exit option.
EoW Mumbai has no say in Singapore. Thus, Speak Asia has its database intact at its server farms in Singapore.
I am unable to understand as to what other database, unless duplicate to that in Singapore, is controlled by EoW that is preventing Speak Asia from remitting payments to members. RBI has not put any such restrictions for inward remittances.
For the fact at a time with Rupee falling against the dollar, RBI would welcome foreign inward remittances maybe not outwards.
Hi Ozedit I am not a speak Asia supporter. Me also one of the panalist and I too lost around 150k. Me applied exit option, still now I am not earned single Pisa from speak asia. Still I am waiting for exit payment.
Now our Indian economy was so bad condition even thought why Indian government not doing anything to get back Indian money from Singapore.
the EOW has control over the website and data of SAOL for the purpose of investigation .it does NOT have PHYSICAL control over the servers of the company .
to use the data without court permission would be tantamount to interference with the investigation and hence illegal.
to use the data without court permission , would mean the payment is not ‘recognized’ by the court or the investigating agency and hence would do nothing to dilute the charge of cheating on the company .
example: the company made two rounds of trial exit payments through various banks across the country .the EOW came on TV and announced that these payments are fake and no payments have been received by the panelists .in other words any such attempts would not be recognized, and deemed fake and charges of cheating will continue to stand.
once the company legally takes back it’s data from the court after the charge sheet is filed, the EOW will not have any authority left to claim the payments are fake .get ??
lol.. wat a joke these people are. It amazes me to come back here and see that some people are still misleading the innocent panelists from India.
1) The payments which were sent, were test payments to ensure that the banking channels were working after the discussion with RBI, those were not exit payments as claimed by fraud AISPA.
So, the EOW were right. No one would come in front of TV to say open lies, its common sense.
I see that the people from AISPA are more interested in the exit option than the pending dues of people or in the business of the company. Oh I can guess why. After all if exit is done, they would do away with investigation and fly away with the loots. Nice try…..well….
The money paid to me was also without any Court permission!
It was recognized by the Court and the EOW!
the money paid to mr khosla was a private deal between himself and members of AISPA , who were apprehending arrest under his FIR, because he offered to withdraw his complaint and further help in quashing the FIR.
Mr khosla himself brought this deal to the notice of the bombay HC by way of affidavit , the court or EOW cannot interfere with his personal decisions.
AISPA is not under investigation, and does not need permission of the court or EOW to make any payment it chooses. AISPA did not need access to any data under control of EOW to make this payment, it just accepted the figure provided by mr khosla at face value.
@Navniit
Yeah but that was back when Kumar and Bahirwani thought paying you off = get out of jail free.
At the present time there’s no need to pay off panelists, the promise and “EOW has our data” BS is enough. If their top investors turned on them they’d probably pay a few out (or run off completely).
Your claim was Civil in nature, while the case was Criminal. You could settle your own claim, but you couldn’t settle anything else.
Civil claims are typically about money, and typically “person vs. other persons” and similar types of claims.
Criminal cases are typically about “authority vs. person or entity”, about fines and jail sentences and similar types of punishment.
You could settle your own civil claim, but you couldn’t settle the criminal part of the case, e.g. “Since I now have received my money, the EOW should drop further investigation”. That isn’t up to you to decide, it’s up to the Public Prosecutor and the Court.
Even if you have settled the civil claim, you can still have duties as a witness or “first informant”. But you don’t need to PERSONALLY defend the FIR in Court, since you have no direct interest in the case itself. “Direct interest” is typically about monetary claims rather than about what we FEEL about something.
Fraud speak Asia return Indian panelist money and get lost from India
Why were people of AISPA apprehending their arrest?
The real FIR of Kkhosla was registered under 153/2011. You mean to say that the people who were made accused under this real FIR were the people of AISPA and after renumbering of the FIR by EOW under 60/11 the company officials like were added.
It means the real FIR of Kkhosla 153/11 was not against the company officials it was against the people of AISPA.
I think this is the real story behind the FIR 153/11 and FIR 60/11.
If someone becomes a regular ‘sarkari gawah’ (prime witness), gives evidence in favor of police investigation or the investigation agency and provides evidence against the real culprits in routine cases then it is the duty of the investigation agency or the investigation officer to provide some privileges and try to put him in safe zone.
Up to the some extent, the interim protection or interim relief is the primary privilege. Thus the ‘sarkari gawah’ (prime witness) is provided such the privilege/benefit from the investigation agency.
Kkhosla’s FIR was against his immediate upline in Mumbai, leading directly up to the top. It led to the arrest of several of the key people (6 or 7), and to 3 of Manoj Kumar’s companies involved in money laundering.
Navniit Kkhosla has posted most of his story here, and it has been covered in one or two articles, or in a comment following rather immediately after an article, sometimes between March 2012 and May 2012, sometimes around his Intervention Application to the Supreme Court.
SpeakAsia was hit where it was most vulnerable, in a part leading directly up to the main organizers rather than to local ones. It led to the people and the system organizing money collecting around in other districts, and to the system and people sending money out of the country.
I don’t think Bahirwani / Crasto are “prime witnesses”. I believe they simply are “annoyances”, the most visible parts of the SpeakAsia system (seen from EOW Mumbai viewpoint).
“Bail is the rule rather than the exception”. That has already been stated by Mumbai High Court (or AP HC)earlier in the case, people have been released on bail when there’s no legal reason to keep them in jail. 6 out of 7 of the people initially arrested was released on bail, following that rule.
CRLP 10782 – MEHROTRA was the only one NOT released on bail. He was the main “architect” behind some of the marketing methods, if I remember it correctly. It should potentially be possible to find some information and links here leading to that case, and to most other court cases related to FIR 60/2011. I linked directly to court cases each time they were updated between February and May 2012, and I also linked to some old ones.
mehrotra was arrested just a day after tarak bajpai was arrested and both were released on bail at the same time .in fact they spent the least amount of time in jail compared to later arrests .no one is presently in jail in the SAOL matter.
some of the upline panelists of khosla got anticipatory bail at the very outset of the case and some were never arrested but only questioned.
Why don’t you think about Bahirwani and Crasto for being the Prime witness ?
The present scenario is saying and advocating such the situation and if it’s possible, do you think they will tell such the thing to the people.
Everything is possible here if any one tries to get benefit and make himself safe. Suppose, if they are provided something better for that why not they will opt to be the Prime witness.
because events speak for themselves.
for instance tejas bhatt , a company manager ,made a deal with the EOW and gave an affidavit saying he had not signed the WP 3210/3211.in return he was not arrested and his ABA was withdrawn. this was brought to the notice of bombay HC and the court did not like it ONE BIT .
crasto refused to give a statement against the company and was arrested ,the same treatment was intended for bahirwani , but luckily he was given 72 hours protection from arrest in WP 3611, by the bombay HC, and could file an ABA .if he was a prime witness, the case would not go up to the SC .he was awarded protection from arrest on the MERITS of the case ,by law .
neither crasto , bahirwani or azad gave statements against the company , as they were encouraged to do, and today we have crasto going to court to object against his illegal arrest .azad’s bail hearing is on monday the 16th in the SC.
as a side note let me inform you that the EOW has not filed a reply in the SC in azad’s case, because beyond saying that he participated in the company’s business activities, and posted some stuff on FaceBook they have nothing ELSE against him.
any lawyer can tell you that these are not actions of prime witnesses .
when the charge sheet is filed the accused and the witnesses are named separately ,and this will further clarify any doubts that persist in your mind ,surya.
This is not the story which I told and you are trying to tell. The story is something different from you.
In a criminal matter only accused persons can be a prime witnesses. When many accused are there, one intelligent and clever man may think to be a prime witness leaving behind all his co accused , when he find no escape.
The fight is not between the company and judiciary or govt. agencies. It is the fight between the company and cheaters.
When govt. agencies do not find any catptive proof against all these cheaters, it look at one of all the accused persons who may know the whole story of conspiracy, and that is not a new story to be happen, it is a normal option available to investigating agencies.
so who is this intelligent and clever man , pray tell .
crasto is out on bail and fighting the violation of his civil rights
bahirwani got protection from the supreme court
azad hopefully should get protection from the supreme court
are you talking about tejas bhatt ? well he was smart and avoided arrest but it has not affected the company’s case in any way, but just shown the EOW in a bad light in court .needless to say he wont be getting his job back 🙂
Speak Asia is fighting itself now?
and both Bahirwani and Vivek Sharma will be appointed the next CEO and COO of the speak asia ” because they are the great fighters of the speak asia ” hahahahahaha
wouldn’t that be lovely !! would you mind ??
It is hard to believe that tejas bhatt is that clever and intelegent man. For tejas bhatt, he is not only the smart, but also a honest man. In this conspiracy, there is no scare of intelegent , clever and smart man.
This is notable that, Mr. Ponda, cpmpany advocate, had fought for tejas bhatt, and how U missed it?
It seems that U are living in dark over the matter or U are not going through the court matters thoroughly
while tejas bhatts ABA was in court ,the company was naturally morally bound to fight for him, through their appointed advocate Mr Ponda. thereon tejas bhatt withdrew his ABA, and required no further help.
it is entirely possible i am living in the dark and look forward to be guided by you 🙂
Speak asia is fighting itself after realising the whole conspiracy after few weeks of it has started.
In begining, it fought for all accused persons, but after few weeks when company realised the persons involved in the conspiracy against the company, company left them all on his own and there after, company is fighting only for persons dedicated to company in all respects.
MS. ASHA GOPALAN NAIR again represents herself as respondent’s advocate in the Azad’s SLP/(Criminal)/6310/2013 on September 14, 2013 in the Supreme Court of India.
It means Azad too will get the interim protection or his bail may be granted.
Its very strange, either the EOW has knelt down before the fraudsters and accepted their acknowledged defeat or the discussion which was going on the issue of the Prime witness is true.
Both Bahirwani and Azad have become the prime witnesses and EOW is in the mood to protect both of them and supporting them directly or indirectly through the interim protection right from the beginning from the sessions court to supreme court.
A situation of great peril for both the EOW and the common people. If these two fraudsters escape easily, none of the mastermind of this big loot will be trapped and nailed and after that all the looted money of the common people will go in vain.
Me is not here to guide any one , but rathar here to restrict the missconception spreading here. It is our short sight to see the ABA withdrawel act of tejas bhatt, in which Ponda was his advocate, as a move against the company.
It is rathar the act aligning with the strategy of company,and that is to confess the wrong act performed by U, otherwise be ready to bear with the coming adversery time. It is not a matter, who get turn around, matter is why? It is also a matter, who are those people who kept the pace with company and then diverted to the transverse direction.
When in initial stage, company fought for few accused, then It becomes also a matter, then why these same few accused are fighting their legal battle themself now? These all are tiny matter, but it becomes now THE MATTER to see the whole issue in its right perspective from the right angle.
It happens, men involved in the matter are at different angle, so naturally all have different snap shots, and different shades.
Sajal, your observation for Prime witnesses regarding both Bahirwani and Aman Azad is wrong.
Only Bahirwani got interim protection as you told right from the beginning from the Sessions Court to Supreme Court. Aman Azad got it only in the Sessions Court not in the Bombay High Court.
His lawyer ABDI requested for his interim protection but the lady Justice rejected even the plea of interim protection for Aman Azad. So you can’t say Aman Azad got regular and continued interim protection.
Bahirwani is lucky and fortunate that he got the regular and continued interim protection from the judiciary and the EOW never opposed strongly for that. Thus, the view regarding Bahirwani for the Prime witness is fit and suitable here.
I would like to laugh at U, Surya!!
A more strong candidate for a prime witness is already there, forget about Aman alias Vivek and Ashok !
As it was fixed and pre-planned game between both the parties, Azad got success in his interim protection till the further orders in his SLP (Criminal)6310/2013 from Supreme Court on September 16, 2013.
All is well because all is pre-planned and will be pre-planned between both the party means between both the Petitioner and the respondent.
I can’t forget Mr. Gharat for his great deeds for both Bahirwani and Azad from sessions court to supreme court.
Mr. Gharat, God bless you and May you live long.
aww sajal this is just a continuation of interim protection ,wait for his protection to become absolute in the next hearing then you can blow an artery or two 🙂
look at this positively , if you ever get in trouble ,azad can help you out, since he now has wide ranging influence over indian courts including the Supreme Court of India [no shit !] . he’s the IT man bro!
psssst. you FORGOT asha gopalan nair , justice dattu ,justice iqbal .gharat did not even go to the SC ! he just made his MINIONS do the job for him !
all hail aman azad! the greatest power broker of india inc !!
It is the power of money dear anjali and you too know it better don’t make Azad a hero. He is just like an orderly of the mastermind whose name is ?????????? I think you know this mastermind very well, don’t you know
EOW has not filed an affidavit in reply in the Supreme Court in Bahirwani’s case – SLP Cr 3130/13 as well as Aman Azad’s case – SLP Cr 6310/13. There was nothing in the case file to rebut the claims of the petitioners – Ashok Bahirwani and Aman Azad.
Hence the results are there for all to see!
It is not the power of money, it is the mind game !!! It is very hard to step in the OZONE created by company, and difficuilt to guess anything beyond!
The Game is not merely an idle amusement; several very valuable qualities of the mind, useful in the course of legal fight, are to be acquired and strengthened by it, so as to become habits ready on all occasions; for this battle is a kind of mind game, in which we have often ups to gain, and competitors or adversaries to contend with, and in which there is a vast variety of good and ill events, that are, in some degree, the effect of prudence, or the want of it.
By playing at legal battle, we may learn: 1st, Foresight, which looks a little into futurity, and considers the consequences that may attend an action … 2nd, Circumspection, which surveys the whole battle field, or scene of action: – the relation of the several individuals, and their situations; … 3rd, Caution, not to make our moves too hastily.
if it’s the power of money dear sameer, why does it work so selectively ? do you think the ‘mastermind’ would only use the power of his money to free his ‘orderly’ azad, that too at SC level ?he would have used the power of his money to solve the problem faced by his company loooong back, and this drama would not have dragged on for 2 years .
azad is a hero whether you like it or not .and you’re not him, ie you don’t get to be a hero . you only get to cookup allegations dipped in furious seething envy .
Azad is a hero for a company which fooled panelist by first claiming they are going to get Survey Income and thousand of crores are being spent by companies in India by Vodafone, ICICI, etc.
And now the company suddenly disappeared and their big clients in India like all those company names given in seminars are left helpless and going to courts to get speakasia out so that they can give speakasia Rs 500 per survey. LOL
No where now anyone says they are fighting to get survey income. Lol
Survey Income after the fraud came to light disappeared, why dont you put some light on this Anjali and ask Bahirwani and Aman Azad to post on facebook that they will fight till they succeed in getting out survey incomes?
Will they guarantee this to all panelist?
Or like Manoj Kumar they will also say you get points only. LOL
sameer , i and many others have always understood the business model of the company differently.
(Ozedit: Rest of the comment spam removed.
Speak Asia was by definition a Ponzi/pyramid hybrid. The business model presented in the Supreme Court was never implemented and the lawyer who committed perjury presenting it was never heard from again.
The survey side of the business was a complete sham with every company named by Speak Asia as a client publicly denying any business relationship with the company. One of Manoj Kumar’s friends just made up surveys using Wikipedia to front the Ponzi/pyramid scheme and confessed as much. Get over it.)
OK oz, just let the part about AISPA asking for exit payments and not survey income, stand.
since AISPA is a legally constituted body it can make only legal demands and not demands that are out of their purview. demanding notional survey income while the business of the company is at a standstill would not be entertained by a court of law or a govt agency.
the exit option clarified the company’s stand vis a vis these payments, and courts cannot direct a business house on how to run it’s business scheme.
but sameer, i am surprised that you still hanker for survey income from a scam company .as oz suggests ,get over it 🙂
one more beatific order from the bombay High court !
the writ petitions 3210/3210 were allowed to be withdrawn by the court with permission to file fresh writs. this was due to the claim of tejas bhatt that he had not signed for these writs. however there was NO delay in the above matters as parallel writs had been filed by ravi khanna, an employee of tulsient tech, for quashing of the same FIR’s of thane and raigard districts of maharashtra.
the court was informed of the circumstances surrounding tejas bhatts claims, the court was informed about the unexplained delay in filing of chargesheet in these two FIR’s ,upon which the court pronounced :
http://bombayhighcourt.nic.in/generatenew.php?path=./data/criminal/2013/&fname=WP104113060913.pdf&smflag=N
sameer, now i am certain you will never forget Mr Gharat !!
You should aslo read this:-
I am of the opinion that Eoweee.. has never had so much hard work to do like nailing the eluding “arabpati” ponzi scheme of Speakasia. Eoweee… just wants to pack off and back off from this Speakasia matter.
For this very reason they are not filing any replies to the various writs coming up in court to let criminals go scot-free. Or is it that they are preparing for their last ditch effort to do or be vanquished by filing their reply that they need to do in court by Dec 16, 2013?
And what is the State and Central Govt doing about it or maybe they are more interested and concentrated on the State and Central elections than to think of a lost cause of some suckers who have lost crores by getting into a scam?
By the way how is the money coming into India to pay off the advocates and pay court charges defending Speakasia/AISPA? Must be via some hawala route.
Manoj knows that he will win in the end because money talks in a corrupt India unless maybe NaMo becomes the PM of India.
Win or lose in court, Speak Asia still goes down as one of the biggest Ponzi schemes in Indian history.
Losing what should be a slam-dunk court case against such an obvious Ponzi would be a rather large embarrassment for Indian regulators. Not to mention the message it sends to other would-be scammers like Kumar.
of course i read it surya, and since you have just posted it without any context, allow me to tell you what it means:
the petitioner ie SAOL had two submissions
1]no chargesheet has been filed in the two FIR’s of thane/raigard even after two years
2]there is established case law that one alleged crime can attract only one FIR, and hence any other FIR should be quashed.
seeing the delay in the matter, the court found the solution to the problem faced by the petitioner, in the first submission itself, ie CS should be filed promptly under supervision of the IG of police.
regarding the second submission of the petitioner, the court did not wish to go into the argument of what is settled law on the question of multiple FIR’s, and reserved it’s opinion on this for a future date, if the case requires it at all.
they clarified they have left this point of law, in abeyance, and not given any opinion on it. here i would remind you that there is some confusion in our courts regarding the question of multiple FIR’s in the same crime, and different judges rule differently.
as for the case status of WP 1042/2013 showing a date of 6th oct for a hearing i am inclined to think it is a clerical mistake, as this order which deals with both writs 1041/1042, is proclaimed as disposed.
the court has issued orders for the IG of Konkan region to expedite filing of CS and disposed of the matter, there is no matter left in these writs, and neither has the court invited the IG to present any further argument in this matter.
@Anjali We have waited for more than 2 years and still CS not submitted. If after submission of CS. If suppose its against company and if they have proved some proof against company. That time if it possible to file new FIR regarding exist option money and survay income against company….?
of course chargesheet will be against the company, after all it lists the charges against the company which have emerged from the investigation
if EOW have any proof, they have to submit it to the trial court .trial court requires strong documentary evidence to back any charge, merely allegations , as they have made through the media, will not hold good .
when the company restarts, i feel they will strictly follow new norms that are expected for the MLM industry .the draft regulations are available with market players and everyone is readying for them .so unless those rules are violated there is no cause for further FIR’s.
regd survey income , the company should make it’s announcements after restart, i am not privy to them, but i expect a fair deal and a healthy income plan. i think the exit option will be running feature of the business plan, since new regulations will have mandatory repayment rules, for those participants who want out.
Sorry to say, the WP/1042/2013 is still showing but not for 6 October 2013. The actual date that has been uploaded for hearing is 9 October 2013.
It’s for your kind attention regarding Case Details of WP/1042/2013:-
Bench: Division, Status: Pre-Admission, Category: WP-For Direction, Stage: For Admission and the Coram: According to sitting list/According to sitting list, Next date: 09/10/2013
WP/1042/2013 is related with F.I.R. RAIGARH
So far as I know, on 28th July 2011, Navniit Kkhosla lodged report/F.I.R. under Crime No. 153/2011 which came to be registered at Nirmal Nagar Police Station.
On 10 August 2011, Imran Shabbir Basharat lodged report/F.I.R. under Crime No. 13/2011 which came to be registered at Mhasala Police Station, District Raigad.
Both the dates 28th July 2011 and 10 August 2011 have been mentioned in the court order of WP/1041/2013 dated: 6-9-2013 that can be seen in the fifth paragraph.
Sorry, it may not be the clerical mistake of the court web site.
It’s your mistake.
in my opinion the cases WP 1041/1042 have been disposed, the order of the high court says so, not me.
if there IS a further hearing on 9th Oct as you presume, then let there be a hearing by all means, i will not stop the courts 🙂
the order mentions the date of filing of khosla FIR in para 5, it should have mentioned the date of filing of the thane FIR instead. i think bombay HC requires new clerical staff urgently 🙂
The strategy of company can not be demoralised by expressing the change in subject matter as a clericle mistake.
It is not a mistake at all, but it is incapabilty to follow the inherent strength of mind.
Crapping on about “if the EOW have proof” is silly. Speak Asia’s business model and compensation plan was proof enough the company was a Ponzi scheme.
If India’s current backwater laws aren’t enough to convict them on that then that’s another matter entirely. Regardless, Speak Asia goes down as one of the biggest Ponzi schemes in India to date.
Oz, unfortunately, I differ on this view with you.
Business model has been viewed by court in two different way. It was a working plan for the company in which panels were working for company as the business associates and company was working for its business associates on behalf of which company was collecting the consumer’s choice for the for different products.
It is the ponzi scheme for all accused who transformed this working plan into the currency machine and never look at the core theme of model and let never allowed panels. And it has been clearly clarified by BHC in its order of WP/222/2013, a follow up case of ABA/1083.
It is as simple as a new brand car without petrol can not move on the road!
The whole products angle was a sham. Speak Asia tried to present some hokey pokey “consumer empowerment” model to the court but the model was never deployed so it was fraud.
The lawyer who presented the model was never heard from again.
Money wise affiliates paid Speak Asia money and were paid with new affiliate investor money. Everything else built around that core mechanic was a lie.
surya it seems the mention of bombay investigation in this order has confused you somewhat .
the story behind this, is that ,it was the contention of the police of thane/raigard that they had been unable to file their chargesheet for 2 years [!], as the website of the company is with EOW mumbai, and they did not have access to certain information they required from it.
needless to say , the court exploded at this silly unacceptable excuse, and said that since the police officers were unable to perform such a simple task of sharing info with each other, for 2 years now, maybe the IG of police should personally supervise them !! 🙂
it is NOT normal for an IG to be pulled into routine matters such as filing of CS in small complaints.i am sure many people are going to be pulled up for dereliction of duty .
this is why bombay is mentioned in the order because IG has to intervene, if the officers still find it hard to collect whatever information they require from bombay EOW.
If Tejas Bhatt is telling the truth that he is not aware of any such petitions signed by his name and adds further that he has not filed these petitions before the Bombay High Court, we have to consider he is telling such the things in his full sense because he has submitted his affidavit regarding this before the Justice.
It means he also knows the good or bad impact and pros and cons of his saying.
Now, the advocate and the legal team (Phoenix legal, Mumbai) who filed the petitions may be questioned. The advocate who attested such a bogus petition has to explain before the court as who is its author.
The final beneficiary (of the petitions) is the main accused in the Speak Asia fraud and therefore it is important as for whose benefit the offence is committed, if really it is committed. As the petitioner of those petitions 3210-3211/2011 was Speak Asia Online Pte Ltd, it also describes a story of conspiracy of the company for those bogus and fake writs.
SpeakAsia didn’t have any CLIENTS paying for the surveys. It used money coming in from new investors to pay the old ones, just like any other Ponzi scheme.
You may be able to find one or two clients paying something, but not the full price. The surveys were fake, and were made by “Ram Surveys” or a related company. The details were posted in Mumbai Mirror around October 2011.
the court has not ordered any such inquiry .it simply allowed the company to withdraw the writs with permission to file fresh ones.
tejas bhatt had signed upwards of 200 documents relating to WP3210/3211 . for two years he did not have any problem with the case being heard in the courts. then EOW visits his home, and he files an ABA, and then we all know what happened.
the court understood the circumstances surrounding tejas bhatts affidavit were suspicious . thre is no question of bogus or false writs because the writ is by the entity SAOL under signature of tejas bhatt.
SAOL is the petitioner, not tejas bhatt, and the company is saying it is very much their writ .and now those writs are disposed in favor of the company so yahoo .
norway !! you need a refresher course in the speakasia matter! Ramsurveys was a fly by night company, which came and went in a few states of india, in a matter of a few months. it has nothing to do with SAOL.
Speak Asia made up its own surveys. Manoj Kumar used his buddies to doctor them up from Wikipedia and then distribute them through shell companies to panelists.
I added “or related company”. It was actually one person making most of them, and he was named in Mumbai Mirror around October 1 2011, but the link I had didn’t work when I tried to check it. The link looks like this:
mumbaimirror.com/article/2/2011100120111001020731998a655a9f8/Speak-Asia-didn%E2%80%99t-have-clientssurveys-were-fake.html
It has probably been moved to an archive.
The main point wasn’t about WHO made them, but about that they were false. I don’t think you remember his name either. 🙂
SpeakAsia may have had a few real surveys too, but none of them can have been sold for a profit.
I can’t store the information in memory forever. I don’t memorize each and every detail using advanced mnemo techniques or anything like that. I don’t think anyone (other than you) are expecting me to do so either.
I doubt any of the surveys were real. Kumar publicly got his shill to name some of the companies and they all denied a business relationship with the company.
Apparently some list was handed over to the courts but it’s pretty obvious it was populated with more shill companies set up or owned by Kumar.
Its all mix up. few survey were made on contractual agreement and few were made on basis of reay reckoner data base for sale.
In the market there are two type of traders, one work on zero stock bassis, and purchase the goods against the confirmed sales and others keep the stock as per his sale volume.
And when NDA made by EoW for company client list in HC, and till today none of govt. agencies point out over its this client list, we should consider this list genuine. Few clients in India were also confirmed by few entities.
Contracted by whom?
Speak Asia released a list of company names but didn’t count on the media verifying the list. When every company named at that convention they held denied a business relationship with Speak Asia, the company management was caught out lying.
I remember them trying to salvage themselves by harping on about Bhata shoes, claiming that supplied coupons proved a business relationship, but from memory these were later exposed to be printed off a discount website and available to the general public.
I have no doubt a list was submitted in court, my hypothesis is that, in light of the fraud exposed previously, is Manoj Kumar simply populated the list with shell companies he and Harendar Kaur set up.
Companies like “Wikipedia Television History.html Inc.” and “Consumer information about microwaves sourced from some generic website PTY LTD” etc.
Lord knows the level of subterfuge evidenced by how many companies Kumar funnelled the surveys and money through showed he had plenty of shell companies to use lying around. The whole AdMatrix disaster no doubt left even more shell companies at his disposal to popualate the list with.
These guys launder money throughout the world through Seven Rings… coming up with a bogus list that nobody can independently verify would have been easy.
yes, I agreed with . But such type of issues shall have to be under strict obsercation of BHC, and it kept as court matter to be look in.
After inquiry concluded on the plea of real petitioner , court take action, till then it is too early to say anything. But it is damn sure, if it is so, either of two will not take it lightly. Court will fix the most beneficiary in doing so and then it will come on the board.
I regret to say that I did not executed any NDA for such a list, and so I am not well aware of its client names . And, yes you are right, the client name declared in press conference by Vivek Gautam, CMO , in may 2011 was a big blunder, but when EoW had the client list through NDA, there is no any adverse statement made till the date.
And also after scrutising whole details over the business model 1st of all by Hon’ble Lahoti ji ,Retd. Chief justice of SC, (and then also by BHC), and after going through his report submitted in SC, any of BHC judge never expressed his doubts over business model . So I have no option to believe that client list genuine.
That’s the thing about NDA’s, you don’t get to discuss them publicly.
Meanwhile the EOW did release a statement when Manoj Kumar’s friend confessed he just made up each and every survey, based on what Wikipedia articles Kumar told him to read.
The Lahoti Committee was a sham from the get-go and rightfully led nowhere when it was acknowledged as such by the Supreme Court that it should never have been formed.
The committee was established on the foundation of lies, primarily that being the submission of a business model that was never used by Speak Asia.
Furthermore Lahoti wasn’t there to verify any alleged client lists, he was there to negotiate a settlement between the involved parties and submit his recommendation to the court.
Mind you, this was back when Kumar thought he could weasel his way out of things behind his puppets Solomon James and co. After that fell through he’s been trying to do with with Bahirwani and co., so it’s a bit of a moot issue to discuss beyond the acknowledgement of the fraud that took place.
yes , in a way that’s true. seven rings international was responsible for the ezine and surveys , HVP distributed the Ezine and SAOL provided the surveys to it’s panelists to gather information about their preferences about various products and their preferred price points.
this phase was to last approx a year and came to an end with the announcements in Goa of the product line and various income opportunities
the first phase was like ‘prelaunch’ operation to gather enough people in order to be able to provide a heavy margin of discounts on the products on offer. during this phase the allegation is that the company violated the PCMC banning act.
however on closer observation it becomes apparent that, the company came close, BUT DID NOT violate the law, technically or legally. the trial court can decide on this ,so there is no reason to fret or worry.
NO client list has EVER been provided to ANY court. NO NDA has been signed by EOW or anyone. what utter nonsense.
admatrix has only been associated with SAOL by the press .having no basis ,and not a single thread of evidence in this direction , this has never been mentioned in ANY court of law.nothing but fluff and nonsense. to quote you oz, mere waffle 🙂
regarding the arrest of nayan khandoor who PURPORTEDLY created the surveys this was the response of the company on it’s blogspot dated oct 2nd,2011 :
(Ozedit: Please don’t regurgitate Aman Azad’s bullshit “updates” here and try to pass them off as fact)
what are you SAYING ?? no one has kept it under observation and no on will keep it under observation .the court has accepted the company’s version of events and asked for a fresh writs to be filed .no inquiry will be held -not now ,not ever.
can you see the EOW traipsing over to mr ponda’s office for statements regarding ‘bogus’ writs ? HA!
@anjali
What a load of horseshit. Panelists were still investing in Speak Asia past the Goa conference and up until the day they were shut down.
Whatever you want to call it, it was a Ponzi/pyramid hybrid. Whether these are determined legal in India is neither here nor there. At the end of the day those who invest last will lose out, with this group only increasing in size over time.
Seven Rings International. Manoj Kumar’s Ponzi ventures were documented here well-before any mention was made in the press.
well, good for behindmlm .it appears the company has no interest in hiding any association it has with SRI , as this is well documented in their business papers.SRI is in no trouble in india , and anyone can associate with anybody .
And this is why I mark most of your comments as spam. You just spout out mountains of bullshit until someone calls you out on it. Then we get complete waffle and backtracking like your comment above.
Half the time it’s topics and discussion we’ve already covered, resurrected solely in your hope that everyone has forgotten what happened over the past two years and you get the chance to rewrite history.
I don’t have time for it and it adds nothing to the discussion. Pending any further developments in the case there’s really no point engaging your rubbish.
Have you considered the possibility that the business model had NOTHING to do with the merits of the case, which is basically a contractual dispute?
I believe you remember it incorrectly?
Manoj Kumar used NDA as an excuse for NOT revealing any company names in his client list, and after that he disappeared to Dubai (and has been MIA since then).
Shortly after that, SpeakAsia changed its explanation to having “panel exchange agreements” with other survey companies rather than clients, something that more easily can be faked.
It’s time to stop this discussion. You’re simply repeating SpeakAsia’s own version. Here’s a link to another article from October 1st 2011, naming the one who produced the surveys.
dnaindia.com/mumbai/1593611/report-speakasia-got-e-surveys-done-right-in-mumbai
I gave you the DATE it was published, the name of the online newspaper, the headline of the article. You could easily have found similar articles on the internet by googling for some keywords. Yet you decided to repeat the company’s own misleading story.
Try to google “speakasia surveys were fake” yourself?
The Supreme Court doesn’t have the correct jurisdiction for reviewing or scrutinizing any business plan, and neither have any of the other courts.
A fake business plan that never has been used was simply part of the material used to back up WRIT 383 (for some reason, it doesn’t act as evidence, and the Supreme Court didn’t handle that part of the case).
The Lahoti Committee was about payment, the RIGHT to payment for the 100+ petitioners. It was NOT about business restart or Exit option. That was included in the WRIT indirectly, but it’s outside the jurisdiction of the Supreme Court.
You will find comments here somewhere where I both have analysed the Supreme Court’s jurisdiction and analysed the case itself.
Business restart has never been mentioned anywhere after the intial petition, and the SC and Lahoti does neither have the competence nor the jurisdiction to decide about anything like that (certainly not Lahoti, a retired Chief Judge, he doesn’t have any jurisdiction at all).
Tejas Bhatt is right. He didn’t say anything wrong.
If there is any inquiry, it will be decided and fixed by the Judiciary through the court vigilance department not through the EOW or any one of the govt. investigation agency.
And who has briefed you that court has accepted the company’s version of events in WP/3210-3211/2011 and therefore asked for a fresh writs to be filed.
You mean to say the statements of Tejas Bhatt are useless and nonsense, the affidavit of Tejas Bhatt will go in vain or The Justice completely overlooked Tejas Bhatt and threw his affidavit in the dust bin.
anjali, you can fight here with your useless, species and colorful statements with any one , but not in courts and before the Justice.
What you all people have achieved is only the looted money of the common panelists, didn’t get anything favorable from the court till the date.
So, wait for the inquiry of the court’s vigilance team in the matter of Tejas Bhatt and also wait for the court’s direction in the WP/1042/2013 in Ravi Khanna’s Raigarh F.I.R.
Yes, you can wait for the fresh writ which is going to be filed by the company because according to you ‘the court has accepted the company’s version of events and asked for that’.
What make so disturbed you under effect of which U lost the control over your anger, Anjali?
Your excitement over the NDA issue exposed the other side of your intention that You are being expressing here since long back. Let the issue of NDA be ended here as of now, proof will be strike with your smooth words with more smoothness !
The issue of tejas bhat’s fake sign over one of the document submitted so far , and if it is right, then it has to be look after court itself 1st of all, and if it required then only , may order to EoW to look in. As it has not been mentioned in any order, let it be there as it is. But if it had happened, I had a good clue in which document it might have been signed !!
hmmm, lets see, people who were PRESENT in court for the hearing?
hmmm, and who has ordered such an inquiry ?the court hasn’t. ravi khannas writs for quashing the FIR”s are disposed and 3210/3211 are withdrawn [with permission to file fresh writs]. BUT since the job of 3210/3211 was accomplished by ravi khanna’s writs, there isn’t any need for filing fresh writs .get ??
i wouldn’t say the affidavit of tejas bhatt was useless, it apparently saved his ass from arrest. BUT it did not affect the company’s case in any way. AND it did not help the EOW .
sure boss, be sure to share all the details OK?
i agree. NO client list has been provided by the company, to ANY court and NO NDA has been entered into by EOW or anyone else.this is pure fiction and a result of your overactive imagination, perhaps ?
surya, here is the final order in WP3210/3211:
http://bombayhighcourt.nic.in/generatenew.php?path=./data/criminal/2013/&fname=WP321011040913.pdf&smflag=N
there is no mention in this order about tejas bhatts affidavit, or the need for any judicial inquiry. so, when there is a judicial inquiry in your parallel universe, do share !
No need to see final order dear. Nothing is final here. The endless game is still going on. Leave it. But now, there is something different for you. I think, you would like to say something in your own style (hahahahaha)
so far as I remember, there is one Mr. Mahesh Jethmalani who was appointed as a Counsel for the Petitioner in WP/3210-3211/2011.
We last see Mr. Mahesh Jethmalani through the court order of 20 December 2012 in WP/3210-3211/2011. From 5 February 2013 to 4 September 2013 (till the end of the 3210/2011) Mr. A.H.H. Ponda took the charge as the Counsel of the Petitioner.
Would you like to focus or throw some light on Mr. Mahesh Jethmalani. Why did Mr. Mahesh Jethmalani leave this case? or the petitioner has removed Mr. Mahesh Jethmalani from this case.
As start from the beginning Mr. Mahesh Jethmalani was pleading in these writs and all of a sudden Mr. Ponda enters as a Counsel in these writs. What’s wrong with Mr. Mahesh Jethmalani. Any problem with Mr. Mahesh Jethmalani, anjali?
anjali, throw some light on this issue.
It is very obvious that no advocate is being out without any reason, let it be personnel even. After a certain time, non appearance of mahesh jethmalani in the case again, and replaced by Mr. Ponda upto the disposal is looking something fishy.
A complaint dated 10.11.2011 was submitted by Vivek Raghunath Shinde in Police Station Nehru Nagar, Mumbai in the matter of an investment of Rs. 4,63,000/- in the fraudulent survey scheme of Speak Asia Online Pte. Ltd.
In his complaint Vivek Raghunath Shinde had alleged that Mrs. Vaishali Sonavane as well as Mr. Vykar of Brahmanath Enterprises, Navi Mumbai had cheated him in criminal conspiracy along with others, etc. According to Shinde he has learnt that Mrs. Vaishali Sonavane has a long downline and Vykar of Brahmanand Enterprises, Navi Mumbai is a distributor.
No FIR was registered by Police Station Nehru Nagar, Mumbai. More than 80 letters were submitted to the Police Officers of Police Station Nehru Nagar, Mumbai and the supervisory IPS officers of Mumbai Police right up to the Jt. Commissioner of Police, Law & Order, Mumbai Police but the FIR was not registered.
In between came a media expose alleging a bribe scandal / money collection and lapses in duty wherein around 35 Police Officers and subordinate staff of Police Station Nehru Nagar had either been videographed or were alleged to be in guilty of being part of the illegal acts and I believe some action was taken against all these 35 persons.
This complaint was lodged by a man who was harassed into paying bribes in the matter of some wall, etc. Even then the complaint of Vivek Shinde was not registered as a FIR.
On 27.03.13 Police Station Nehru Nagar finally registered FIR no. 66/2013 in the matter of the complaint of Vivek Shinde dated 10.11.2011 wherein Mrs. Vaishali Sonavane as well as Vykar of Brahmanand Enterprises, Navi Mumbai, amongst others are the accused in the matter of an investment of Rs. 4,63,000/- in the fraudulent survey scheme of Speak Asia Online Pte. Ltd.
Surprisingly PSI Arun Kirtawade, who was the Investigating Officer in FIR no. 66/13 recorded the statement of Vaishali Sonavane and after recording her statement he let her go. No recovery of the money invested in the fraudulent survey scheme of Speak Asia Online Pte. Ltd. was effected.
Thereafter nothing effective happened in this matter till 17.09.13 despite the best efforts of Shinde. I also visited PS Nehru Nagar to assist Shinde recover his investment in the fraudulent survey scheme of Speak Asia Online Pte. Ltd.
On 17.09.13 PSI Arun Kirtawade, the IO in FIR no. 66/13 arrested Vaishali Sonavane from her residence and produced her in the Magistrate’s Court in Vikhroli, Mumbai who remanded her to Police custody for two days.
Today Vaishali was produced in Court and I have learnt from Shinde that she has been sent to judicial custody for 14 days up to 03.10.13.
Vivek Shinde has submitted a CD to PSI Arun Kirtawade, the IO in FIR no. 66/13 in which he claims that Vaishali Sonavane has been recorded while admitting that she has received the investment of Vivek Shinde. I have received a copy but not seen the contents.
On 18.09.13 I received a phone call from an acquaintance who informed me that she and the mother of the accused Vaishali Sonavane were members of the Nationalist Congress Party and informed me that the mother wanted to know why I was with Vivek Shinde in the Police Station on 17.09.13.
I was also informed that the mother wanted to know what my interest was in the complaint of Vivek Shinde. This was done to intimidate and scare me. Vivek Shinde has complained of this to the Police.
Criminal Writ Petition no. 2145/2013 was filed in the Bombay High Court on 14.06.13 for quashing the FIR of Vivek Shinde bearing no. 66/13. It was heard by the Court and on 16.09.13 by the Registrar of the High Court and is now to be heard on 15.10.13 after some missing pages have been submitted. The case status does not show the next date on the High Court website.
…and people wonder why the Speak Asia case has been dragging out for 2 years.
I hope if anything that even if Kumar gets away with it and Ponzi schemes are legalised, that it serves as a wakeup call to India demonstrating just how outdated their laws and regulatory procedures are in handling online fraud cases.
what makes you think he left? why not think the company decided to have all cases under the able hands of phoenix law? it’s would be easier, don’t you think, to have all matters handled by a single firm, who have an overview of all related matters. such a stupid question surya, i expected better from you!
we have two lines of thought in india ,regarding multiple FIR’s in a single crime/conspiracy.
some sections of the judiciary believe that there can be any number of FIR’s in a single crime, on an individual case to case basis
other sections of the judiciary believe that a single FIR is sufficient to address a crime in it’s entirety,and especially so in the same geography and jurisdiction, ie in the same state or city. there are orders of the SC to this effect, and if i find them i will post a link.
IMHO the nehru nagar police station must have resisted filing an FIR, because the case is being investigated ‘in detail’, covering the ‘entire conspiracy’ by the economic offences wing of bombay within the which nehru nagar police station also falls.
what we are observing as panelists,is that, in other states and cities, in the few cases of complaints, the local police are taking the statements of the parties involved, but not initiating a full fledged investigation as this is being done by bombay EOW.
the local police barely have enough officers and resources to tackle crime, and they are not interested in spearheading multiple investigations into the same offence, and common sense would dictate this too.
the company had filed WP 2145 for quashing of this FIR. yesterday the matter was mentioned for urgent hearing in the bombay high court, and is slated for hearing on tuesday the 24th of sept/2013. i hope the court will make some sense of it.
in my view , filing FIRs ,on a street to street basis ,may be useful for extracting vengeance , but does little in the interests of justice.
ms vaishali sonawane, is a young mother,and was a participant in the business scheme of SAOL ,just as much as mr khosla or mr shinde were ,albeit an older participant .
if there is a crime, it rests solely on the management of the company ,not on ms sonawane, and throwing her in jail ,does not resolve the problem, or the crime.
if anything it is mean spirited and vengeful,and i fervently hope the bombay high court ,will use wisdom and dispense justice.
Ponda IN & Mahesh Jethmalani OUT from 3210 (Raigarh)/3211 (Thane) !!! It’s mysterious, really very mysterious.
What is this ? What does it indicate?
It proves the Conspiracy and Nexus of all the fraudsters with Indian BLACK COAT LAW ABIDING PEOPLE. Bahirwani and both the Sharmas (Manoj Kumar and Vivek Roopchand) will be grateful to Indian BLACK COAT LAW ABIDING PEOPLE for ever, till their last breath of life.
OK, if you insist.
BUT your post is mysterious? ponda IN jethmalani OUT – how is this indicative of mystery, conspiracy, nexus and gratefulness, all rolled into one?
TELL US MORE !!
@anjali
Manoj Kumar is free to return to India to face his crimes at any time. In the interim those high up in the Speak Asia food chain will be investigated, wherever that trail leads and whomever is found to be on it.
Ringleaders in Ponzi schemes are not innocent. As for Ponzi scheme owners like Kumar who leave “young mothers” to take the fall while he’s off banging Harendar Kaur in a Dubai hotel somewhere… well, what do you expect.
Okay, your company decided to have all cases under the able hands of phoenix law or phoenix legal.
Now tell me, Are Mr. Mahesh Jethmalani and Mr. A.H.H.Ponda directly from phoenix law or phoenix legal? Are both of them the member Advocates of phoenix law or phoenix legal?
I’m of opinion, both are independent Advocates and may be hired by any legal firms after paying their desired fees.
Mr. Mahesh Jethmalani (Senior Advocate) and Mr. A.H.H.Ponda both the Advocates fight their cases independently not under the banner of any legal firm. If someone hires them, they fight their cases and get paid but you can’t say they are the member of those legal firms.
For you and for your company, ‘PHOENIX LEGAL’ is the Legal advisory team who is fighting in Bombay High Court.
okay, so both are independent, and at some point ,phoenix legal decided to stick with mr ponda and retire mr jethmalani. SO?
how is this indicative of anything ? tomorrow the company may not see eye to eye with phoenix legal and bring in some other law firm. SO?
did i say phoenix ‘law’ ? shit !this changes EVERYTHING !
It’s not my problem and not my duty as well to tell you how indicative this is. You yourself have to search it dear anjali.
People are just watching all cases of your fighter company under the ABLE HANDS of your phoenix law/legal(hahahahaha). Those HANDS are really very ABLE in bringing other law firms under their banner as COUNSELS.
For your kind information, your beloved company has already announced that there are their three legal firms in India and the ‘ABLE HANDS of PHOENIX LEGAL’is one of them.
Let see, who is going to be the next ABLE HANDS of your company in coming future for this endless game. (hahahaha)
then whyever did you bring it up??
could you watch quietly, if you have nothing of substance to say ? merely a request 🙂
Attention Pot, kettle calling on line #3
One can give us a hint, and can not teach us!! Then it becomes our job to complete the picture.
There are many hints thrown here in these 200 comments. Looking at your silly taunts ad cheap cuts, it says, who ever briefing you, hided many facts from you.
I am sure, you will not accpet the truth, but atlast you have to accept this truth.
CrWP 2145/13 has been listed in the main list for hearing by the Bombay High Court on 24.09.13 at serial no. 2 for quashing of FIR no. 66/13 registered by Police Station Nehru Nagar wherein Vaishali Sonavane was arrested.
I think , its not appearently for saving his ass, but definately to bang the ass of cheaters and looters!!!!!!
perheps !!!!!!
the affidavit was in WP’s 3210/3211 which are disposed ie finis. the life of this affidavit is also finito.
i am not aware of the ‘orientation’ of this affidavit but it definitely will NOT be banging any asses now or ever .
I wish it may happen as you said!!But some times some solidity should be there instead of over perseverance.
Confidence is the good to have, but sometimes it bang back us with tremendous force!!
ms vaishali sonawane who was arrested under the FIR 66/2013 of vivek shinde, by nehru nagar police, bombay, was released on bail on saturday 21st, sept, 2013.
neither the police, nor the magistrates court were very eager to keep her incarcerated, on a flimsy complaint, in a matter which is being duly investigated by the bombay EOW.
even while she was held by the nehru nagar police she was housed in the quarters for policewomen, and i think everyone felt she was being unfairly targeted.
well, now she’s home with her kids, and everything’s allright with the world.
Any new about 24-09-2013 case hearing…..?
WP 2145 was filed by the company SAOL for quashing of the FIR of mr vivek shinde registered with the nehrunagar police station,bombay .this writ was to be heard yesterday by the bombay High Court,but due to unavailability of the PP, was heard today ie 25th,sept,2013
mr khosla was representing mr vivek shinde in court today ,but found himself between a rock and a hard place.the court , the petitioner[SAOL], and the respondent[state PP],each had a grouse against him .
the petitioners advocate mr ponda informed the court that mr khosla was a blackmailer who was trying to extort money from the company
the state through it’s PP, informed the court that mr khosla had received his money ,and had informed the HC ,that he was turning over to the side of the accused, and had wanted to take back his complaint in FIR 60.
mr khosla tried to tell the court, that he had once again turned over to the side of the prosecution , but by that point the court had lost interest in his statements, and asked him to stand back and be silent.
the court has asked the state to file an affidavit stating why the affidavit may not be quashed.
mr ponda presented several SC orders which held that secondary FIR’s are not required, unless they are throwing up a new set of evidence.
the court will decide the fate of this FIR on 3rd ,oct,2013, before which the state has to file it’s affidavit.
if not quashing , i hope the court will at least see it fit to club this FIR with FIR 60 of EOW in which the exhaustive investigations have been going on for the last 2 years.
CrWP 2145 of 2013 has been adjourned to 03.10.13. State of Maharashtra opposed the Writ Petition – both quashing and transfer to EOW, Mumabi and will file an affidavit in this matter.
PP produced Vaishali Sonavane’s detailed downline of investors and said it needs to be investigated.
Detailed order will be posted soon as the next date of hearing is already showing on the website.
here is one of the orders of the supreme court relating to secondary FIR’s in the same offence :
http://www.indiankanoon.org/doc/161365352/
Obvious new evidence is obvious?
bombay EOW has repeatedly said via affidavits in courts, that they are investigating the entire SAOL matter pertaining to 20 lac panelists under the FIR 60.
ms vaishali sonawane and her upline /downline are part of this panelist family of SAOL, who engaged in the exact same business opportunity.the details of ms sonawane and her team, have been in possession of EOW for the last two years, what is the new evidence in this?
oz, EOW has collected some 200 complaints of panelists against their uplines over the last two years .this does not mean they have to interrogate or arrest all 200 uplines. the story is the same, whichever lines you travel up or down .
You can try to water it down and explain it away all you like. Fact remains, obvious new evidence is obvious.
Especially if new evidence leads the EOW further up the Indian defacto management chain, which is the direction they’ve been slowly progressing in.
What rubbish and senseless you are narrating over clubing of 2 FIR? Are you mad?
see this link, and read the para 8 in the order of ABA/1083/2013 dtd-9-1-2013.
http://bombayhighcourt.nic.in/generatenew.php?path=./data/criminal/2013/&fname=ABA108312090113.pdf&smflag=N
no, because i was leaning on the LATEST SC order [april,2013], which pertains to the question of multiple FIR’s in the same alleged crime/conspiracy.
the order you have quoted is an HC order, predates this SC order, and most IMPORTANTLY , was the OPINION of a judge in a wholly unrelated matter of an ABA .it is an opinion in an order, and NOT an order on the specific question about the merits of multiple FIR’s.
when this question was raised in bombay HC , the PP , mr gharat himself disagreed with the judge ,’The learned Special PP submits that Section 223 of the Cr.P.C. permits joint trial if several acts of cheating or misappropriation are committed in the course of the same transaction.’
i have said before ,and i will repeat, that there are two lines of thought in the indian judiciary regarding multiple FIR’s ,and this has lead to a situation of great confusion in the courts.
however the latest SC order espouses the belief that a second FIR is not required if ‘the offence covered by the Second FIR is part of the same conspiracy and culminated into the same series of acts forming part of the same transaction in which the offence alleged in the first FIR was committed.’
if you can show me an SC order which is later than april,2013 , allowing multiple FIR’s in the same alleged crime, i would be grateful for the information .
Amazing ! Mr. Gharat himself disagreed with the judge.(hahahaha).
It means Mr. Gharat follows Ponda inside and outside the court room. Whatever Ponda says Mr. Gharat likes those statements and agrees them.
It proves their case study on speak asia is only for saving the fraudsters and the masterminds.
Long live Mr. Gharat, God bless you. You should always oppose the Judge and follow Ponda. It is the POWER OF MONEY (hahahaha)
yup! imagine that ! and mr ponda wasnt even in court ! this was during the ABA of bahirwani who was reprsented by abdi&co.
so you are wrong when you say mr gharat follows mr ponda inside and outside the court . actually he follows mr abdi inside and outside the court.and ms asha nair and justice dattu follow mr gharat inside and outside the court – so we have a rather long procession of people following each other around courthouses, and i’m afraid you’ll run out of blessings.
the position of the bombay EOW has always been that they are investigating the ENTIRE SAOL matter which involves ‘several acts of alleged cheating’.
their investigation was not limited to the complaint of mr khosla but included all the ‘possible’complaints in this matter .hence mr gharat respectfully disagreed with the judge ,and many others in our judicial system also have varying views on this subject.
bombay HC order of the hearing on 25th,sept,of the WP 2145 for quashing mr vivek shinde’s FIR is now available :
http://bombayhighcourt.nic.in/generatenew.php?path=./data/criminal/2013/&fname=WP214513250913.pdf&smflag=N
You are confused between a matter of multiple FIR matter and clubbing of FIR. In law matter, every word is to be interpreted! If we missed a single turn, collision is sure!
I see from long back, you are stretching your law knowledge very cleverly, for them who know the law least. Most of your law analysis is ignorant, receptacleless and anyone hardly find you to use any intellect. You are good in jest. you know only to cripple the matter and ignorant smile!
Your knowledge in law is best for deaf and dumb, but it is below the minimum knowledge you required to dicuss in forum having capable and intelegent persons to narrate over the law matter.
HOW ???
is mr ponda also confused ?
is justice dharmadhikari also confused when he says in his order “This order is passed to enable her to take instructions and file affidavit essentially to meet the argument of the Petitioner that a second F.I.R. at the instance of another investor is impermissible in law because it is in relation to the same incident and occurrence.”
in one matter, if there is a second unnecessary FIR what should the court do with it? they can either quash it or club it with the first FIR.
instead of writing essays on my intellect why don’t you explain this matter from your own exalted viewpoint?
instead of giving tiresome lectures why don’t you explain the law once and for all, without missing a turn, and avoiding collision at all costs?
No, Mr. Ponda is not confused, Justice Dhrmadhikari is not confused, Justice Patel is also not confused and me is also not confused!!!
But only you are confused, and even frustrated too, perheps!!!!
Consult any leading advocate, and 1st of all look into the order of Amit Shah, and say me, how does this order support the demand of Mr. ponda?
I am not hear to explain or to give any law knowledge, utmost I can give the way to keep the WALK on!!!
@ anjali
Which official post Sawarna Bajpai Wo. Tarak Bajpai is holding in speakasia?
@ anjali
Simple question: if Anne Wessel (Ram Pal) come up with a good product based MLM/network marketing plan will you join it? Yes/No
Why?
mr ponda read from a few SC orders pertaining to the question of multiple FIR’s in the bombay HC. he found this order relevant. the court found this order relevant .if you do not understand it’s relevance i suggest you take it up with mr ponda.
mr ponda and the court, both found this order relevant to the particular circumstances of FIR 66/2013, then HOW can you say that mr ponda and the court are NOT confused but only i am? HOW would you explain this conclusion of yours? did you mean it or did you just say it, to say it?
then WHY are you here? i see you are unable to provide any answers or any rationale to back up your allegations .you make allegations but cannot back it up with any substance.
calling me stupid or confused is not a response. it may be an enjoyable pass time for you but brings nothing to this discussion and is BORING.
no idea whatsoever.
yes. why not? i don’t know these people, but as you say, if the plan is good, why not?
but andy, just for your reference, i am not an MLMer, and haven’t been associated with any MLM kind of business EVER, before SAOL. i have no idea if i would be successful in MLM 🙂
this fight for SAOL, just happens to be around me, and it is interesting and an education in itself, and i feel the company has been treated unfairly. our systems are wrong and our laws need upgrading and the company should get a fair chance.
so, this participation of mine in this issue, is not personality based [ who is tarak/who is his wife/ who is pal], but based on the particular set of circumstances involving SAOL, and how our system has reacted to it.
@ Mr. Andy
Sawarna Bajpai is the Home Minister (wife) of COO Tarak Bajpai. Obviously, she holds the post of Home Minister in Mr. Tarak Bajpai’s home company speak asia. Both are busy in their home made company.
and for anjali, she won’t join the company as a member or a panelist. If she gets opportunity, she also likes and holds the post of Home Minister. She never invests money rather she promotes people to invest in such MLM/Network marketing plan. She likes churned BUTTER, not the useless MILK.
if you do not have an argument, give it up. posting baseless cretinous baloney, is only a reflection of your poor intellect. shame on you, sameer.
It is hard to believe that AISPA has no idea about Sawarna Bajpai is signing official letters for speakasia. www(.)speakasiaonline(.)mobi/2013/09/25/signature-collection/
After knowing that Anne Wessel ran away after executing a swindle – theadmatrix before? This is the reason why people loose money in MLM or other scams. Blindness.
You have said before that speakasia is not an MLM.
May be. But if you are living in a country and doing business then there are no excuse, you have to follow the law of that country. Its that simple. Yo have a choice to go somewhere else or ask the proper authority to change the system. But you can’t challenge it.
It is hard to believe that AISPA has no idea about Sawarna Bajpai is signing official letters for speakasia. – andy
this is merely an accusation. oz alleges aman azad is writing the blog .i allege the management of SAOL is responsible for the blog. neither of us can be proved right or wrong in a court of law.
so the solution is simple. if you believe in it, follow the blog, or else ignore it. the company is not legally required to maintain a blog, so whether it does or not, or whether we consider it suspect, is our own personal preference and not connected to the legality of SAOL in any way. arguing about it is a waste of time.
you asked a hypothetical question and i gave you a hypothetical answer.what we do with our OWN money is nobody’s business.
then allow me to repair my previous statement, and say SAOL will fall in the general category of MLM type business. we are still waiting to see how our govt will define MLM business, and SAOL will have to follow those rules moving on .
precisely my point, and this will bring us right back to the question of WHICH INDIAN law has the company broken.
the RBI has confirmed the company has not transgressed any banking laws.
inspite of several invitations , the tax dept did not file any reply n the SC to clarify if the company owes any taxes.
the enforcement directorate asked some preliminary questions to the company but nothing appears to have crystallized from that in over 2 years.
the SFIO has given a report to MOCA which appears potentially harmless
only EOW investigation into charges of money circulation are pending, and no one has the authority to pin this on the company except the trial court. seeing that the company is continuously inviting the EOW to engage in the trial with them in AP, i believe they are confident of beating these charges.
till that decision comes from the court, no one has any business prejudging any culpability of the company, including the EOW. the EOW is an investigating authority, it is not a court of law.
the company cannot be expected to follow laws which do not exist.
It is not a question to be answered, why am I here?, and also not a matter. And I should tell, one should not step out of his limit circle around.
when I asked, how does Amit Shah’s order support the demand of Mr. ponda?, you now started to talk over few other orders!!!! Great!!!! just great!!!!!
You just refer here, which are those other orders which support the demand of Ponda except this Amit Shah’s order? and also, what does the output and contents therein the order of Amit Shah indicates?, and how it afeect prayer in this 2145 matter?
It is now your will to answer this or not.
Keep holding that “India will legalise Ponzi schemes” torch…
LIKE THIS :
Merely because two separate complaints had been lodged, did not mean that they could not be clubbed together and one charge sheet could not be filed.
It is also pointed out by learned senior counsel for the petitioner- Amit Shah, that the above said prayer is based upon CBI’s own finding that the offence covered by the Second FIR is part of the same conspiracy and culminated into the same series of acts forming part of the same transaction in which the offence alleged in the first FIR was committed.
a few other orders were also read, but i do not know which ones .if you want a detailed report of court events from me how about paying me ? 🙂
the rest of your glop is not worth answering.
PS andy ; some grapevine talk coming in ,says that a gentleman named swaran singh in singapore, is the signatory of the company blog .cant confirm this either, so we can add it to the list of alleged signatories.
It is worth to see , what Amit shah demanded, and what decree has been issued by SC ?
In social media , the goluptious matter are being left in punnet to see and treacherous are smiling ! when questions are raised, these treacerous get busy to refute the facts. Teeming with eternal lies seems lightsome, but it ruffle the surrounds .
Anyway,let the court vouch over the matter, and then we will see through it foulard, till then one may continue to be a robin!
Today CrWP 2145 of 2013 was listed for hearing in the Bombay High Court but the Board has been discharged and the next date of hearing will be displayed on the court website in due course.
14.10.13 is the next date of hearing in CrWP 2145 of 2013 in the Bombay High Court
Shri Vykar of Brahmanand Enterprises, Navi Mumbai has been arrested today morning by the IO of Police Station Nehru Nagar, Mumbai and has been remanded to Police custody till 08.10.13.
He was a distributor of Speak Asia and had received money through banking channels from Vivek Shinde at the behest of Vaishali who had induced him to invest in the fraudulent online survey scheme of Speak Asia.
He has been arrested in FIR no. 66 of 2013 lodged by Vivek Shinde in PS Nehru Nagar.
Since FIR no. 66 of 2013 was registered on 27.03.13 both Vaishali Sonavane and Vykar had ample time and opportunity to pay of the investment of Vivek Shinde. But no one wants to repay the money collected by them from the down line investors in Speak Asia. So this is the only route left for the Police.
I believe Vykar had received very large sums of money from the investors of Speak Asia. Let us see what happens next.
Cue Anjali arriving with a long and largely irrelevant explanation of how this latest news doesn’t effect Speak Asia in:
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during the investigations, under FIR 60, of the mumbai EOW, mr vykar along with all the franchisees [around 125] were called to the EOW office. their statements were recorded, their bank accounts freezed, BUT they were not arrested.
franchisees were collecting money, but forwarding it to the collecting agent of haren ventures. haren ventures and SAOL have repeatedly said in court ,that they are willing to reimburse panelists who are eligible, and have applied for the exit option.
so it is not the case, that the company has run away or is not accepting liability , and the franchisees have to pay. in fact it is the unending investigation under FIR 60 which has led to the delay in exit payments.
as mr vykar has been interrogated, and not arrested in the investigation in it’s entirety, i find it silly that he is arrested under an individual complaint of non payment. the writ for quashing this wholly unnecessary FIR 66 is to be heard on 14th oct, and i hope the court will put an end to this harassment.
what are you, a psychic ?? 10/10 for your clairvoyance !!
as for irrelevance , the only investigation which has any relevance or affects the SAOL matter, is the one in FIR 60. the rest is just peripheral nonsense which can disturb and distract, but not much more.
And there it is.
Yay?
The sun also rises in the east and sets in the west. I like jelly beans.
The exit option is a load of horseshit. Dollar for dollar Speak Asia cannot pay out affiliate investors what is owed. A company acting as its own Receiver is ridiculous, especially on the premise of “we’re not a Ponzi scheme if you let us pay off people”.
Where have I heard this rhetoric before?
Oh right, back when writ 383 was “the only thing that mattered”. Then it was the Lahoti committee… then it was AISPA…
Let wait till 16th Dec,2013 When d Last date of Chargesheet will be file by d EOW Mumbai.Then let d High Court Judge decide whether, Speakasia can continue business in India.
Since after this date, no more investigation will continue. Than what. People who set negative taught before hand in they mind, r often negative. Our Politician r grt scammer, pot them behind bar.
He can use many types of defense …
1. “In pari delicto” = “we are both part of the same, we both had similar intentions”. People who joined SpeakAsia are not necessarily more “innocent victims of a crime” than he is. “In pari delicto” can be translated to “at equal guilt” = the degree of guilt isn’t important in itself.
That defense argument has successfully been used in several Ponzi scheme cases, where parties are suing each other for damages they feel the other party is responsible for. If you lose one case you lose them all.
The court system is simply not set up to resolve disputes like that. It can handle criminal claims against the defendant, but it can’t handle civil claims from a party of the same class. “Recruitee vs recruiter” is only about degrees of the same thing (they are either BOTH victims or BOTH guilty). “Recruitee vs organizer” is about two different classes.
You will find that the “in pari delicto” was used as a defense argument in the Bernie Madoff case, when parties involved in the scam sued each others. The court had to deny claims like that. You will probably find some information if you google “Ponzi clawback”.
2. “Wrong party” = the same logic as above. Manoj Kumar Sharma was the main organizer who collected most of the money. You can’t reasonably blame all the people who fell for the fraud.
3. “Equality before the Law” = the court can’t protect the interests of one party at the expense of other parties with similar rights. It will need to identify ALL the parties affected first and offer them similar rights. That argument can be backed up by the final order in WRIT 383, point #9.
An argument like that will tell the court that it can’t handle individual civil claims without violating collective rights. It can neither rule in favour of the plaintiff nor the defendant, it’s simply the wrong type of case before the wrong type of court. The criminal case can be resolved, but not the civil one.
LEGAL STRATEGY
You should ask someone qualified enough about a neutral opinion. “Qualified enough” can be someone (but not anyone) from a law student to a lawyer, or some “Free legal advice” institutions. Most courts have them listed or link to them as a public service.
You will need to give them enough and correct information about all important aspects of the case. You can’t filter away some information or hide it in any way. Your own presentation will need to reflect the truth rather than how you see it yourself. A “quick overview” should normally do the job.
And then you will need to ask the correct questions, allowing for their professional opinion rather than focusing on something you want to hear. That will probably point you in the right direction, but it won’t resolve more than that.
“The court system can only deliver JUSTICE, not the philosophical type of justice but the type a court system can deliver, not justice as WE see it but as the court system itself sees it”. Our own ideas will typically not be the same set of ideas.
There’s no logical reason for avoiding to use qualified advisors if you can find some inexpensive ones. “Qualified” = the ones who can point you in the right direction and add the type of understanding you will need to succeed.
no court has said speakasia cannot do business in india, and no court permission is required by the company, to resume it’s business.
It suddenly decided, all by itself, to stop doing business in India in May 2011, “to cool it down a little”? 🙂
And Manoj Kumar Sharma is simply “on a long needed vacation, to recharge his batteries before launching SpeakAsia v. 2.0”?
If SpeakAsia COULD have resumed business operation, it probably WOULD have done it long time ago. Something is holding them back.
BTW, some people can probably be interested in the defense arguments I listed. I’m not a lawyer, so I can’t guarantee the quality.
The arguments have all been found on the internet, e.g. when I searched for information about Ponzi scheme clawbacks in the ZeekRewards case. They were typically picked up from Ponzi scheme lawyers, while one was picked up from WRIT 383 final order.
Arrest of Mr. Vykar is just a sprout ready to burst out since long. One may find many fritter around this sprout. Wait untill this sprout quatrefoil. Let them clear all the squalor and foul. Its only a fraction, let it be a sizable.
After the great media exposure of 11.05.2011 and thereafter Speak Asia has admitted that there was a communication error and readily admitted that Bata India, ICICI Bank, ING Vysya Bank, Airtel & _____ (I think the fifth company was Nestle) were not really their customers for the surveys filled by the investors online.
Hence to my mind there was no survey scheme. It was a only a fraudulent money rolling scheme and hence all the persons who invested money were financial investors.
There is no thing as a panelist who has paid Rs 1,000/- to get himself registered so that he can then pay for subscribing to e-zines. This is hogwash. The whole scheme was to defraud the investors who unwittingly or with full knowledge invested money to earn the survey income which amounted to 10% ROI per week and which was later proved to be fraudulent.
There have been great battles in various Courts there after. In the Supreme Court CWP 383/11 fizzled out immediately after I appeared and submitted to the Court on 10.05.12 that the civil matter was being misused by SAOL to get stays in criminal matters in the High Courts, etc.
The Supreme Court put an end to this fraudulent posturing and the High Courts and the Police got going thereafter. There has been some progress but it is simply not enough.
FIRs should be liberally registered by the Police on receipt of a complaint and the Vaishalis and Vykars as well as those above them should be picked up and money recovered for the complainants down line. Their property – movable and immovable – can also be attached, if necessary for the recovery of the invested money.
Appropriate sections of the MPID Act – Maharashtra Protection of Investors & Depositors Act – is the correct law to be applied while filing the charge sheet in my CR no. 60 of 2011.
Filing of the charge sheet by 16.12.13 may not happen if there is further investigation to be done and permission of the High Court can be obtained by the EOW for this.
In such a scenario maybe the ringleaders of Speak Asia including Haren Kaur, Manoj Sharma and the Pal Brothers will collectively, if not individually, beat the record sentencing of the Bernard Maddoff who ran the world’s largest Ponzi scheme.
whats up oz? why not my opinions? you are publishing other opinions ?
(Ozedit: because of spam like this:)
(Ozedit: Stop spamming up the article with thousand word essays full of unsubstantiated
opinionsspam like the above. Speak Asia, by virtue of its business model and compensaton plan was a Ponzi/pyramid hybrid.The company collected investments from affiliates and guaranteed a $20 a week ROI for each investment made. End of story.)
should i shorten it ? would that make you happy ??
the question of multiple FIR’s in a single alleged crime, is a debated issue, we are awaiting the bombay High Court decision in WP 2145 for quashing of the secondary FIR 66.
the accounts of the collecting agent of the company, and the franchisees of the company are freezed. if downline payments are to be made, then these funds have to be utilized first. you cannot first freeze the accounts of a person and then say, we will not use that money for pay back, but will take your property instead. that would make no sense in any court of law.
secondly till mr khosla and mr vivek shinde were recieving their payments from the company, they were not aware of any fraud being perpetrated on them. when their payments stopped, they they came to realize they had been defrauded.
similarly it could be the contention of Ms vaishali and mr vykar that they too were unwitting participants of an alleged fraud. no court will allow them to go around freezing the properties of every upline member of SAOL. even the suggestion is beyond ridiculous.
Much better. Do not make unsubstantiated statements and then proceed to write an essay on said statements because I’ll just mark it off as spam.
As an aside, lol @ “collecting agents”. Manoj Kumar’s bumchums = Speak Asia’s bank accounts. Love that psuedo compliance BS…
Accounts of the company were frozen by court order via the CID ages back. Unfortunately that was after Harendar Kaur pulled a fast one in court and managed to have the freeze temporarily lifted, whereupon she siphoned off millions of dollars into her offshore retirement fund.
^^^^[CLEARLY AN OPINION]
MY OPINION: this statement may be read with special emphasis on the IF.
the bombay HC did not impose a unilateral time frame on EOW to complete it’s investigation by dec 16th. the court asked the EOW to submit how much time they required, and granted them a month more than they asked for.
EOW will need some new earth shattering evidence, if they want more time. there seems to be no cause for such a situation, as all material relating to the company has been in their possession for 2 years now.
thanks 🙂
What abject nonsense.
SpeakAsia was a fraudulent operation from day 1.
That means EVERY transaction, “innocent” or not was part of that fraud.
One of the unfortunate outcomes of this type of fraud is that otherwise “innocent” persons become involved through no fault of their own.
One only has to look at recent history in the Madoff case to see how many “innocent” persons became subject to clawback provisions, despite the fact they were acting in good faith when they invested.
you are jumping the gun here. speakasia is merely under investigation .no court had ordered any repayment or clawbacks. the police cannot force people to pay under threat of arrest, as is happening in this case.
the police cannot attach properties without court permission. the court cannot give such permission as no such law is applicable in the SAOL matter, including MPID.
just because you have reached a conclusion about SAOL, doesn’t mean our courts agree with you.
somebody comes and mentions an inapplicable MPID act ,and everybody falls for it .
As it is said that Writ Petition (Criminal) 2145/2013 is against the quashing the F.I.R. 66/2013 of Vivek Shinde where respondents are The State of Maharashtra, EOW Mumbai and Vivek Shinde and the Petitioner is Speak Asia Online Pte. Ltd. Phoenix Legal is the Advocate of the petitioner.
Which Writ was or is directly filed against quashing the F.I.R. of 60/2011 of Navniit Kkhosla by the Speak Asia Online Pte. Ltd.? Can anyone tell?
Had or Has Speak Asia Online Pte. Ltd. filed any Writ against F.I.R. 60/2011 for quashing the F.I.R. ever?
NO. this was the first FIR in the SAOL matter and the company had no locus to ask for it’s quashing. the company filed writs for quashing of subsequent FIR’s in thane, raigard and nehru nagar on the grounds of duplicity of complaints in the same matter.
WP 3211 was filed by AISPA for quashing this FIR. the illegal arrest of crasto, the president of AISPA, gave sufficient grounds, for filing a writ fore quashing FIR 60.AISPA members paid mr khosla and the investigation under FIR 60 was stayed.
however disposal of WP 383 in the SC, and recall of the mediation proceedings, caused investigations under FIR 60 to restart.
after allowing sufficient time for the investigation to be completed, the company stepped in with WP 1127, asking for data to make payments pending investigation, as the investigation seemed unending. this resulted in the bombay HC ordering the EOW to complte it’s investigation in FIR 60 by 16th dec, 2013.
What the Indian courts do or don’t agree with is irrelevant to the fact that, by merit of its compensation plan and business model, Speak Asia is a pyramid/Ponzi hybrid. And as littleroundman points out, it rightly has been since day 1.
Whatever Kumar manages or doesn’t manage to get out of in court is a reflection of how India deals with Ponzi schemes going forward, not whether or not businesses are infact Ponzi schemes – which is only determinable by their business model.
Both the FIR 60 /2011 of Navneet Khosla and FIR 66 of Vivek Shinde are important for the company, but in different way.
The importance for the company of FIR 60 is in a squint way, and so company never filed any writ to quash it, while FIR 66 is also equall important, but in straight way, and so why it filed WP/2145/2013!!!!!
It is interesting to know, a writ wp/3611/2011 was filed by a person to quash FIR 60 whose name was not even mentioned in it!!!!!
imagine that!!
melwyn crasto’s was also NOT named in FIR 60, but he was still arrested!!
other similarly placed persons, by virtue of their activities in AISPA were also clearly targets!
so both in a squint way and straight way, persons not even named in the FIR, had grounds to file WP 3611 for quashing the FIR.
and Guess What? the bombay HC allowed it!!!!
A knife is being used to stab by criminal and is also used to cut the greens by housewies.
Similarly, the business model was being used by criminals as pyramid/Ponzi hybrid, which was not made to do so by company itself.
You can refer, how judge described this model differently for company and cheaters in order of APPP/222/2013 .
see the link, http://bombayhighcourt.nic.in/generatenewauth.php?auth=cGF0aD0uL2RhdGEvY3JpbWluYWwvMjAxMy8mZm5hbWU9QVBQUDIyMjEzMjQwNDEzLnBkZiZzbWZsYWc9Tg==
and also look into the referred para of ABA/1083/2012
Your all doubts will get cleared, and certainly it will do clear.
@Explorer
Speak Asia’s business model is a Ponzi/pyramid hybrid. It is not the case of a legit model being used for nefarious purposes.
Furthermore they are certainly not the first to attach an irrelevant facade product to try and mask their Ponzi investment scheme. Nor are they the first to come up with a bunch of marketing buzzwords to dupe the masses either.
Speak Asia took investments from affiliates and pay out a $20 weekly guaranteed ROI, paid out from newly invested affiliate money in true Ponzi scheme fashion. They also paid affiliates to recruit new affiliates, adding the pyramid scheme hybrid element to the model.
Slapped on top of this was a facade survey scheme, within which the company doctored up pointless surveys from Wikipedia and had panelists complete them under the guise of “working for their ROI”. No different to the “publish ads on websites to get your ROI” that fuelled the recent Ponzi points explosion in the industry.
@anjali
Why are you supporting these fraudsters while such fraudsters are being arrested and will be arrested in coming future sure.
Why don’t you support ASHA RAM BAPU who is very highlighted in Indian media these days. Some people are supporting this rascal fraud ASHA RAM BAPU on media channels and on roads as same as you are supporting the looters, frauds of Indian innocent people.
I think, you will get a good break and may be a celebrity. ASHA RAM BAPU is in a very big trouble and in search of a male/female spokesperson or promoter like you. Would you like to contact ASHA RAM BAPU anjali?
I’m telling you because your big boss Mr. Bahirwani is very busy in the service of some SADGURU these days. If possible, you can choose ASHA RAM BAPU.
anjali, choice is yours. Either ASHA RAM BAPU or SADGURU.
no?
neither ?
can i chose ranbir kapoor instead?? please?
@Anjali
Secondly till mr khosla and mr vivek shinde were recieving their payments from the company, they were not aware of any fraud being perpetrated on them. when their payments stopped, they they came to realize they had been defrauded.
Anjali please keep me out of this for the time being. I would like to clarify after the charge sheet is filed. For the record I never made any one invest in the fraudulent investment scheme of Speak Asia – I will no longer refer to it as a fraudulent survey scheme because there were no surveys – it was only a sham.
Again for the record Vivek Shinde has alleged that he has never received any payments from the company – never – not a single rupee. For the record Vivek Shinde has never made any one invest in the fraudulent money investment scheme of Speak Asia – he also has decided to stop calling it a fraudulent survey scheme.
Since it was a money investment scheme pure and simple with an assured payback of 10% ROI per week payable after the first 30 days.
I totally agree with Oz that Speak Asia’s business model is a Ponzi/pyramid hybrid in its working but was a money investment scheme with assured returns every week payable after the first 30 days.
In my opinion appropriate sections of the MPID Act – Maharashtra Protection of Investors & Depositors Act – is the correct law to be applied while filing the charge sheet in my CR no. 60 of 2011 as well as CR no. 66 of 2013.
Do the other investors support my opinion?
Perhaps it is now time to stop referring to some theoretical “business model” and concentrate on what was done, not what SpeakAsia and its’ apologists “said” was being done.
Who cares whether it was a “ponzi” or a “pyramid” or a “survey company” ??
It was fraud on a large scale.
since you did not care to explain, again, let me do so.
the company filed App 222 in ABA 1083, protesting the courts understanding of it’s business model.
the court via this order has clarified that it’s observations were
1] prima facie
2] restricted for the purpose of this particular ABA ie cannot be used in any other case.
there is no connection with any imaginary cheaters and looters, this is regarding the company’s business model.
mr khosla i have not invited you here , you are here of your own volition. my posts are not addressed to you, but i can share my opinion on the opinions you present here, correct? please rest assured that my posts are not addressed to you.
It was a fraudulent investment opportunity, plus a chain recruitment system = a Ponzi/pyramid hybrid. It was disguised behind a “Work from Home” income opportunity, but it was primarily about investments (the work was fake).
Facts in a case is about realities, not about constructed theories. You can’t base a case on “shopping some laws” that will best fit your own needs, CORRECTNESS has a much higher rank than your own needs and wants.
Calling it something else will typically mislead you rather than guide you into the right path. Justice isn’t about people’s needs and wants, but about legal justice in the way the court sees it (different from our own ideas). If it had been about the way people see it, then WRIT 383 would have worked in all parts.
http://bombayhighcourt.nic.in/generatenewauth.php?auth=cGF0aD0uL2RhdGEvY3JpbWluYWwvMjAxMy8mZm5hbWU9QUJBMTA4MzEyMDcwMzEzLnBkZiZzbWZsYWc9Tg==
Mr. Explorer, would you like to explain it? Is it a SQUINT way or a STRAIGHT way?
‘Mr.A.H.H.Ponda a/w. Ms Jyoti Singh & Ms Sri Sobari Rajan i/b. M/s. Phoenix Legal, Advocate, for the Intervener’
Why Mr. Ponda, Ms Joyti Singh, Mr. Sobari rajan (Phoenix Legal) is standing here as Advocates for the Intervener who is Vivek Raghunath Shinde?
@anjali, I didn’t get it. Would you like to say about Advocates for the Intervener Vivek Raghunath Shindhe? What is this?
WHAT DO YOU MEAN by who cares ??
the LAW cares. by all means burn the company and it’s proponents at the stake , but PROVE the crime FIRST, in a court of law .
and until you do that , all you have are allegations and accusations and opinions and those are FREE, so who cares about that ???
that is a good suggestion, but to do that, you have to prove in the trial court, the difference between what SAOL was ‘doing’, and it’s ‘theoretical’ business model, which it has provided in court. let it all hang out, i say.
but first, people should be ready to take the case to trial. from where i stand, i see the EOW dragging it’s feet about filing charges, and i see people trying to delay the trial with unnecessary FIR’s. people appear more interested in vengeance than justice.
@anjali
You badly need a explanation from a learned advocate over the order of 222 and order of 1083 comprising the views over business model of respective judges .
I really shocked to see your 4 line explanation, but it shows how lightly you took this order which invariably decide the the diversion of two types of entity involved in the matter!
Wish you a better try again, from within or outside !!!!!!!!!!
@anjali
You don’t “prove a crime” in court.
You present evidence that a crime was committed, with enough damning evidence resulting in a guilty sentence and sentencing.
A country can legalise Ponzi schemes, yet that doesn’t take away the fact that a business running a Ponzi scheme business model is still an unsustainable scam.
I’ll say it again: Irrespective of what Indian courts decide, Speak Asia was/is a fraudulent Ponzi scheme based on a Ponzi/hybrid business model.
This was ultimately confirmed the second Manoj Kumar admitted there were no third-party companies commissioning surveys, as well as the later admission that some guy in a danky room doctored the surveys based on Wikipedia information on survey topics Kumar provided him with.
All that remained was a business model that charged affiliates to participate, and paid them out with new affiliate investor money.
Manoj Kumar and friends getting away with it in Indian courts will only highlight the embarrassingly woeful inadequacy with which India is ill-equipped to deal with professional scam outfits like Seven Rings International.
The recent swift closure of similar Ponzi schemes in Brazil only draws emphasis on India’s lack of regulatory infrastructure in place to deal with Ponzi schemes like Speak Asia.
thing is, i DID get this explanation from an eminent lawyer. if you can come over to the bombay HC and meet someone from phoenix legal, i’m sure they’ll give you the same explanation as i got.
but continue to construct your imaginary scenarios, it doesn’t matter, as you wont be representing either the company or AISPA in court.
Then why speak Asia employees most of the people resigned the job……?
Because Kumar stopped paying them. He only needs to pay the lawyers and AISPA plebs to keep the ball rolling. Ultimate goal is to return to India and not have to pay anyone out.
Kind of makes you wonder what those still in support of such a blatant Ponzi scheme that ripped off thousands of investors have been promised…
No doubt the monopoly money returns Kumar promised them through Speak Asia and then some.
1] to feed their families
2] to avoid arrest
3] who knows how many will unresign , when the time is right ?
…..a good income opportunity , because the govt cant provide either jobs or free food for everybody .
Why speak Asia played exit payment drama do u able to prove exit payment was done for 1st and 2nd test batch….?
There’s no such thing as a “good Ponzi scheme”. Only those that rip off the majority of participants when they inevitably collapse.
This is also one of the crime made by speak asia right…..
The exit payments were a farce. Kumar just sent some money to those running things for him in India and tried to pass it off as paying off investors.
Fact of the matter is Ponzi schemes can’t pay out more than they take in so there isn’t enough money to pay every one out.
@Surya
What is there to explain?
Someone has to represent Mr.Vivek Shindey, and here Phoenix legal team might be free, and represented him. What else explanation can be there?
@OZ are u speak Asia panelist….?
You need to be a panelist to understand how Ponzi schemes work now?
This might all be new to Indians but it’s been going on the world over for donkey’s years. Kumar has played you and continues to play you all for naive fools.
Of course he’ll bankroll the legal representation required for anyone who might thwart regulatory action against him… the laughing irony of it being it’s the victim’s money he’s pissing away to get away with stealing from said victims in the first place.
@OZ sorry to ask u this one. I am seeing your comments for past 1 year. Have u given or raised any complaints or FIR against speak Asia…..?
I have no vested interest in Speak Asia one way or another. Like all companies I write about I only observe and offer analysis and commentary.
You will find I first began covering Speak Asia back in 2011 when I reviewed the business opportunity.
duh , i know that . i was talking about selling some discounted good quality products ,and many more avenues of income.
AISPA had published several exit proofs on it’s website.
looney tunes anyone ?
manoj kumar has every right to represent his case before the law. the last time i checked ,we were still living under the rule of our constitution and laws.
Well we’re discussing Speak Asia here, not fantasies. Stay on topic.
That he does. The use of Speak Asia lawyers funded by stolen panelist money to represent all and sundry who are being used on the promise of monopoly money returns however, is abhorrent.
Kumar will do whatever it takes to get away with running his great big Ponzi scheme and ripping off thousands.
Anjali @ Who is aspa why they have to published exit payment proof. Exit payment done by speak Asia then why the proof not shown in speak Asia online marketing site and mover the proof shown by aspa seems fake without account no, no trancation id.
Still same thing happen to Bangladesh also. Then why Manoj hidden some were….?
AISPA is the speakasia panelist association of india. panelists who received exit paymnets forwarded the details to AISPA, which was published on their website.
since exit payments are the main thrust of AISPA, naturally they will follow this matter judiciously. if anyone says the exit proofs on AISPA were fake, they can go to court and prove their point.
who said he’s hiding . he’s just not in india .
@Anjali have u checked speak Asia marketing site we can’t able to post any comments have u checked and tried exit option site…?
Panelist should get the conformation mail on same day after enrolled exit option right….? Then there no exact date month or year for balance people and speak Asia mail I’d also not working and still there no support mail I’d or site….?
the exit option is not available now.
whatever problems you’re having, wait for the payments to begin and i’m sure the company will have some redressal system ongoing at that point.
Haren ventures has become Haram Ventures as per the verdict of the people of India other than maybe Anjali/Anju Bahirwani, etc. etc.
The Court has no authority to give permission to anyone to run a virtual business in India. That is the prerogative of the Govt of India.
There is nor was any exit option filed in the courts. The only exit option available for cheating is to arrest all connected to promoting this virtual Speakasia and throwing them into jail.
Can members apprise me as to what happened to the Interpol Alert for arresting Haram Kaur and Manoj Kumar filed by the CID of Andhra Pradesh?
when and where did you run this referendum of yours to reach this ‘verdict of the people of india ? or are YOU the ‘people of india’?
no one is asking the court for permission to run any business. the govt has the prerogative to interfere only when laws are broken. the govt can make new laws and it will be binding on all companies to function under them.
were you absent from the SC and bombay HC whenever exit payments were discussed ?have you read the reports of justice lahoti? did you hear the arguments in 1127? are you talking through your ass?
what interpol notice?? never heard any whisper of any such thing. do you have a newspaper article or something about this? who told you?
The Exit option has never been mentioned in any court documents. It’s not a part of the initial WRIT 383 / 2011. It’s outside the jurisdiction / qualifications of the Supreme Court. Point #9 in the final order for WRIT 383 indirectly contradicts that an Exit option ever has been a part of the case.
The final order for WRIT 383 didn’t contain anything about it, or about business restart. It simply wasn’t a part of the case. As far as I remember, WRIT 383 had to be amended / adjusted to fit within the Supreme Court’s jurisdiction and qualifications, but AISPA and you continued to present it in a misleading way.
I’m not familiar with 1127. Please link to the correct case so we can identify it properly, if you want to use it as an argument for the existence of the Exit option as a part of that case.
WP 383 was filed by the panelists of speakasia…
(Ozedit: cutting you short as WP383 and Lahoti committee were thrown out of court for being a complete waste of time. The case had no bearing on anything, let alone mythical exit payments)
regarding restart, the matters in the SC had not reached that stage at all. we were stuck at getting the EOW to cooperate with exit payments. the issues surrounding restart, would have probably been discussed after justice lahoti…
(Ozedit: See previous edit. Presenting hyptotheticals that didn’t happen is irrelevant)
psst ; i will write about 1127 in a separate post otherwise oz will spam my ass out of here 🙂
writ 383, and there is no gentle way to say this, failed. the saving grace was no strictures were passed against the company and their rights were protected.
investigations under FIR 60 resumed under mumbai EOW, and everybody just sat back to allow the investigation to carry on wherever it was going. the company whiled away the time checking it’s banking and attempting some trial exit payments. the panelists enjoyed facebook birthday parties. time passed.
after allowing sufficient time for investigations [approx 6 months] the company filed WP 1127 in bombay HC asking for data of exiting panelists from the EOW. the delay in payments, due to delay in investigations, could cause panelists to become restless, and file FIR’s, and the company brought this to the notice of the court.
the court latched on to the delay in the investigations, and demanded immediate explanations from the EOW. the EOW whined that the litigation by the company had slowed their investigation. they promised the court they would file their chargesheet by dec 16, 2013, and that was that.
after the CS is filed the company can approach the magistrates court, and take back possession of their data, and they are free to make any payments without any permission or objection of anybody.
this links to the final order of 1127, and exit payments are mentioned in the very first para:
http://bombayhighcourt.nic.in/generatenewauth.php?auth=cGF0aD0uL2RhdGEvY3JpbWluYWwvMjAxMy8mZm5hbWU9V1AxMTI3MTMyMDA4MTMucGRmJnNtZmxhZz1O
The final order can be found here:
https://behindmlm.com/companies/speak-asia-online/the-particulars-of-the-solomon-james-writ-383/#comment-104414
The final order was about the 117 petitioners, i.e. the $10 million was for them alone and not for panelists in general.
The initial petition contained indirectly something about other panaelists, e.g. in the “Right to Livelihood” section.
The case was primarily dismissed (“voluntarily withdrawn”) because of jurisdiction issues = the Supreme Court had been misled to accept the case on false premises / incorrect presentation of the case. All orders had to be recalled / reversed, restoring the case to its status quo before the case was filed.
The Judge also specified some points (without making them binding) about how the Supreme Court sees it, e.g. it can’t be resolved by a mediation (“voluntarily resolution”), the case is criminal in nature and will need to find its own path through the court system, small group claims is not a proper way (if the case ever reaches the Supreme Court again, it will identify claims as “collective” rather than as “small groups with individual claims”).
If the Exit Option ever has been a part of the case, that part is hidden within the Lahoti mediation. It can have been “discussed” or “mentioned” there, but it doesn’t seem to have been part of any conclusion (that would have been reflected in the orders after the report was delivered, e.g. $10 million doesn’t reflect a huge number of creditors).
Most of WRIT 383 reflects illegal practices rather than legal ones, “a criminal mindset” rather than someone trying to resolve a case.
Whether or not the Exit option was a part of WRIT 383 / Lahoti Committee isn’t really important. It could have been important if it had been part of a valid case, but that case was never that. That case was primarily about misleading people, including the Supreme Court. You can’t use a case like that as an argument to support claims.
After the arrests of Vaishali Sonawane and Machhindra Waykar, innocent and duped people are waiting for some arrests like Amit Sablok (vice president of AISPA and a top looter), Pal brothers (master minds), Sanjeev sood (top looter of Indore), Gurdeep Singh (Joint secretary of AISPA and a petitioner of 383 of 2011, top looter of Punjab), Roshni Arora (Coordinator of AISPA and right hand of Bahirwani), Milind Dhaneshwar (directly connected with management of speak asia), Hemant Suryavanshi (a local political leader of Mumbai who is the back bone of Bahirwani) etc.
There are some more others and the list may be more big. But these some can play the key role in nailing the masterminds who are behind the curtain and directing this long endless fraud game. Govt. agencies must arrest these so called fraudsters before arresting Bahirwani and Vivek Sharma as soon as possible.
All these fraudsters and looters are the back bone of the greatest looter Manoj Kumar Sharma the master mind of speak asia and the owner of Tulsiant Tek.
– this was the ABA of bahirwani who was represented by abdi&co.
– SAOL was the first intervener, for explaining its business model, and was represented by phoenix legal ie mr ponda.
– vivek shinde was the second itervener via his POA holder mr khosla.
i was answering norways query about exit payments being a part of 383 ,and was not discussing the merits of 383
why dont you edit questions you dont want any response to ?
What did I say about making baseless statements and then launching into “wall of text” discussions about them? Writ383 is completely irrelevant and has nothing to do with the mythical exit payments.
Hypothesising on what Lahoti might or might not have done/submitted is a waste of time. The committee was a sham because it was set up after an explanation of a business model that was never used was given.
That order also showed some interesting facts. It isn’t about SpeakAsia’s servers in Singapore, but about the servers of Tulsient Information System Private Ltd. in India.
The Exit option is mentioned in a slightly different context than the “voluntarily solution” you and others have claimed was intended.
I only find something about “verifying the data”. The Exit option is not a claim or complaint in itself, it’s a company initiated solution for something that initially was meant to be verified by a court, but where the case has been withdrawn / reversed.
Release of data has now been denied by the Bombay HC, as “not a proper action when the case is under investigation and a charge sheet can be expected on or before December 16 2013, and there’s also disputed questions of facts”.
The order clearly identifies the case to be a criminal case, i.e. it points out Criminal Court specifically among “available remedies”.
From my viewpoint, it looks like SpeakAsia tried to cheat and mislead a court once again. The company claim they have a need for the data to be able to verify something in relation to individual complaints. The Court would normally have used other descriptions if there had been a type of “voluntarily repayment solution” involved in the request.
The Exit option is “mentioned”, but not in the same context as it has been presented to panelists. It was presented as a solution ORDERED or ACCEPTED by the Supreme Court / the Lahoti Committee back in March 2012.
In WP 1127, the Court is referring to old orders and current request as “panelists MAY FILE individual complaints”. That should typically be about individual complaints before a court, not about a voluntarily payment solution.
OF COURSE the exit option is a company initiative .it was announced by the company way back in aug,2011.it was not meant to be ‘verified’ by any court but ‘facilitated’.the case in which this facilitation was going on ie 383 , was disposed, unfortunately.
in WP 383 the SC set up mediation to facilitate exit payments, and this is well documented in justice lahoti’s reports.
no , the company has asked for data to verify the details of those who have applied for the exit option , so as to avoid individual complaints ,in the form of FIR’s which may arise due to delay.
our court orders, sometimes, in an effort for brevity ,miss some ‘details’. not only the servers of tulsient but also the website and backend data is under control and investigation of the EOW.
since this oversight makes no difference to the end result of the case, lawyers usually don’t go back to ask for corrections.the final order of 383 also had technical mistakes, the order in ABA 1083 also had technical mistakes. we have learned to live with these these things.
The Exit option is “mentioned”, but not in the same context as it has been presented to panelists. It was presented as a solution ORDERED or ACCEPTED by the Supreme Court / the Lahoti Committee back in March 2012.
i would NOT say ordered , but it was a solution very much accepted by the SC , and was under process in the lahoti committee.
i do not understand what you mean by ‘context as it has been presented to panelists’.
-it was presented as a payment being processed by the SC under the lahoti committee , and this was true right up to day the case was suddenly disposed.
-it was presented as a matter before the bombay HC for sharing of panelist data and this is true as the order itself reflects.
The order clearly identifies the case to be a criminal case, i.e. it points out Criminal Court specifically among “available remedies”. – norway
it was a criminal writ petition norway ! taking the data from the magistrates criminal court after the CS is filed is the ‘available remedy’
the company said give us data, so that we can make exit payments, as investigation is taking too long
the court said we wont give you the data, but we will get the investigation to end, so that you can avail the remedy of taking back your data from the magistrates court.
whats to lose ?
well, everybody has a viewpoint, and thankfully our court dint share yours. the court could have said investigations are on, we can do nothing for you. INSTEAD the court said be done with the investigation, so that these good people can take back their data 🙂
What a EFFICIENT and equally EMINENT lawyer you have got, who used to make others a maim, mentally!! He must have issued a talisman to U, go and sway it in the air, every talon will be removed!
Every gad will be happy with your funny explanation! He just tame a harlequin and leave it to to serve a haricot to men around!!!! He must be a outstanding EMINENT LAWYER, who is regularly briefing you!!!
Leave it, and be happy with your imaginary world of understanding!!!!!
This short para does say the whole story in a very few text.It help to evaluate many puzzles which becomes the mystery now a days! It enlight all those rifts, how , why and who?
How nicely SAOL described all the shit left by enimies within!!!
I checked “BPO services”, the type of service mentioned in the WP 1127 order. It’s about Business Process Outsourcing. SpeakAsia was in reality operated from India by Manoj Kumar Sharma’s company Tulsient Information Systems Pte. Ltd., while SpeakAsia in Singapore probably was completely empty.
http://en.wikipedia.org/wiki/Business_process_outsourcing
Anyone potentially wanting to file claims against SpeakAsia (or Manoj Kumar Sharma) should collect that information (store a copy of it, make a note about where to find it, other methods). That’s the only strategy I know that really works = “Improve your own knowledge whenever you have a chance”.
Knowledgee about the case itself (more than your own part of it) is necessary to be able to ask the right questions, communicate it, understand the case, find the right solutions, and so on and so forth.
SAOL is registered in singapore , has an office there, has staff there.
SAOL operations in india ,were naturally all handled in india itself . they dint import any staff from singapore. as for BPO services, india provides BPO services to innumerable companies across the world. so, if an old company of kumar is providing BPO services to SAOL what is illegal in that ?
tulsient, it appears ,has been around since 1995, but SAOL was established in 2010. so it cannot be your case that a shill company has been created to manage BPO services to SAOL.
@anjali
I give you the total listing dates of ABA/1083/2012. There are total 13 hearings on the web site of Bombay High Court and here as well.
CASE Stamp No.: – ABA/1083/2012 & Reg. No.: – ABA/1083/2012
05/11/2012, 19/11/2012, 29/11/2012, 03/12/2012, 07/12/2012, 17/12/2012, 09//01/2013, 23/01/2013, 06/02/2013, 13/02/2013, 28/02/2013, 07/03/2013, 19/03/2013 (Disposed)
Total No. of Listings: – 13
I don’t get SAOL as the first intervener or even as an intervener if I see all the 13 court orders of ABA/1083/2012.
anjali, how do you say SAOL was the first intervener, for explaining its business model through the ABA/1083/2012? Have you ever seen such any intervention of SAOL in ABA/1083/2012 through any of its court orders?
If yes, tell me any one of the order of ABA/1083/2012. I would like to apologize for my mistake to you.
SAOL was not ever intervened rather Bahirwani had given the notice to the SAOL and SAOL voluntarily comes forward to make submissions on certain relevant aspects, on the basis of notice given by Bahirwani. So you can’t say that SAOL itself came and intervened and got the chance to be the first intervener in the anticipatory bail application of Bahirwani.
There was only one intervener and he was Vivek Raghunath Shinde through ‘CRIMINAL APPLICATION NO.111 OF 2013’ in ABA/1083/2012 of Bahirwani.
Really, I’m very surprised for your efficient and equally eminent lawyers whom you have got and who do not brief you honestly.
Be updated anjali, be updated !
Google it. Panelists and non-panelists at various blogs/websites want all the management and franchisees arrested for cheating.
The only blogs that you may be reading are those of the management or franchisees, that is the goons of speakasia.
The GOI gives no permission to run Ponzi scheme.
http://articles.timesofindia.indiatimes.com/2011-08-03/mumbai/29845960_1_red-corner-notice-global-head-police-custody
http://networkingeye.com/category/speak-asia/page/2/
http://www.complaints-india.com/complaints/25363/Speak-Asia-Banned-in-AP_-LATEST-NEWS_-Interpol-Searching-For-SPEAK-ASIA-PROMOTERS-CHEATERS.html
Would u still say that writ 383 was filed by panelists of speakasia when 94 of them did not even know what their signatures were taken for?
Now, Anjali/Anju “Morya” Bahirwani are YOU talking from your arse (it is arse not ass)?
List of 115 petitioners of SC writ 383/2011 is stated at http://speak-asia-fraud.blogspot.in/2012/01/writ-petition-civil-383-of-2011.html:
Keep searching Google and u will see the “referendum” Anjali/Anju/Arsetongue…“Morya” Bahirwani
@anjali
You’ve got it the wrong way around…
Tulsient has been Kumar’s platform to run his Seven Rings scams in India for years.
intervention/ intervenor: “A procedure used in a lawsuit by which the court allows a third person who was not originally a party to the suit to become a party, by joining with either the plaintiff or the defendant”
in the ABA 1083 , bahirwani was the petitioner, the state was the respondent .
by invitation, SAOL became the first intervenor
without invitation, vivek shinde became the second intervenor.
what’s not to get ,surya , you could invest some time reading up?
what referendum is to be found in the list of names of petitioners of 383 ?? do you know what a referendum is ?
the relation between SAOL , tulsient , sevenrings, HVP, is no secret. it’s all documented .unless they are doing something illegal, the courts do not care who’s sleeping with whom. you can keep bad mouthing these companies, but the court needs evidence of any illegality in the relations between these companies, which you may find difficult to prove.
@anjali
Speak Asia, Tulsient, Seven Rings and Harendar Ventures have orchestrated one of the biggest Ponzi schemes in Indian history. This is evidenced by merit of Speak Asia’s business model and the relationship between the various shill companies Manoj Kumar set up to conduct business operations through it.
Whether or not they are prosecuted under Indian law does not change the nature of the business model. It would only highlight the embarrassing inadequacy with which India is ill-equipped to deal with high-profile Ponzi schemes.
Whereas you might be used to bullshitting Indian nationals with your rhetoric, the audience is here is global. A Ponzi scheme is a Ponzi scheme the world over, as defined by their business model. It somthing you can hijack and change the definition of.
the merit of speakasia’s business model needs to be decided by an indian trial court.
whether the companies involved, are ‘shill companies’ or established registered companies, following the law of the land, is also a question for the court to decide.
whether the audience is global or localized ,the basic requirement of evidentiary proof is required by all societies governed by law.
Courts do not use some magical process to ascertain whether or not a business is a Ponzi scheme. Prosecutors present the business model used and it’s game over.
On that count Speak Asia and Manoj Kumar’s other companies unquestionably fail. The company had no retailable products or services, took investments from affiliates under the guise of a fraudulent survey operation and guaranteed a weekly ROI, paid out of newly invested affiliate money.
Coupled with this was incentives to recruit new affiliate investors, also paid out of newly invested affiliate money.
Whether or not this attracts a legal penalty in India is irrelevant to the fact that Speak Asia is a Ponzi scheme. You only care because criminal liability carries with it a personal cost.
The discussion here extends well beyond the scope of your personal life, which is neither here nor there as far as analysis of Speak Asia’s business model is concerned.
It makes a difference for where the creditors will need to direct their claims. SAOL was only a facade, while most of the money was collected and ended up in Manoj Kumar Sharma’s many pockets.
You don’t need to prove anything illegal in a civil case. You will need to identify the FACTS in the case (what the case is about, plaintiffs, defendants, witnesses), and the judicial foundation for why it should and can be resolved in court).
The more clearly you can identify Manoj Kumar Sharma to be the main organizer the better it is (I’m not talking about it from his viewpoint now). He can clearly be identified to be the last person involved in the transactions, if you follow the trail of money from new participants via local organizers right up to the top.
Filing a collective claim against him personlly and the businesses he owns will probably be the best solution. It has to be a collective lawsuit, or a bankruptcy filing where all creditors are given equal rights. Individual lawsuits will not be the correct solution to it (you can’t pay individual creditors at the expense of other creditors with similar rights).
CrWP 2145 of 2013 for the quashing of the Nehru Nagar FIR no. 66/13 has been posted for hearing on 20.11.13 instead of the earlier hearing date of 14.10.13 as per the Board of the Bombay High Court.
mr vykar has been granted bail on tuesday 15th oct, 2013.
let us see how many more panelists are needlessly harassed, in the futile hope that the company will cough up large sums of money in this blackmail bid.
the reason people do not want to take this matter to trial, is that the investigative phase is a fertile ground for police excesses and blackmail. fear is a potent weapon. trial gives the accused a fair chance to prove their innocence, why give them that?
juta , your post no 306 was not visible in it’s entirety before , but now that it is ,allow me to answer an allegation you have raised.
this is a false allegation which the SC compiled verbatim, from the affidavit submitted by the EOW to the SC in WP 383.
during the ABA 1083 of bahirwani, AISPA counsel had provided the court with signed documents, from a MAJORITY of the plaintiffs in 383, which said that they had never been contacted by the EOW, and that they were completely aware of their petition 383 and had done so of their own volition.
it seems the EOW called up two panelists in the south, the phone was answered by two women who were not conversant in either hindi or english and who said they did not understand what was being said. this ruse was used by the EOW to state in their affidavit that the plaintiffs were saying they were asked to sign in three places and they would get their money back .
WP 383 was disposed so this was not challenged in the SC. this matter was however raised during the hearings of the ABA of bahirwani, to show the court the misrepresentation by the EOW in the courts.
as on date there are are no interpol or red corner notices .things reported in the press are mostly scandalous and TRP generating, but rarely true. in fact, they are mostly veiled threats.
we also read about an ED case, and 100 properties of manoj kumar being confiscated, open threats that panelists would be arrested if they supported the company etc. how much proved true as of today?
Any news about case on 20 th
the SLP 6310/2013 , of aman azad aka vivek sharma , was heard today in the supreme court of india .
the EOW did not file any reply to this SLP, but counsel for the EOW tried to raise a verbal stink in court .the judge was not receptive to their pleas and said – i cannot allow arrest , you can call him for interrogation if you like .
since azad has not been called for interrogation ,for over 6 months now, it is obvious that no information is required from him to assist in the investigation , but custody was being sought just to ‘teach’ him a lesson .courts do not allow police to ‘teach’ anyone lessons , because they understand the difference between state police and mafia.
azads SLP has been granted by the SC ,his protection from arrest in FIR 60 is now absolute.
as azad was an active participant in the business scheme of SAOL ,this protection will extend to other panelists too, and they cannot be harassed or arrested for posting supportive comments about the company, even if they were net earners.
there was absolutely NO allegation in court that azad is running any company blog .he was being held accountable only for FB posts .
Sounds like they’ve already gotten what they need then.
From memory the EOW didn’t bother responding to 383 either until the cronies got sand in their vaginas about it. And even then it turned out to be a complete waste of time.
I’m guessing today’s showing was probably more out obligation than anything. Six months without interrogation indicates they’ve moved up the Manoj Kumar foodchain. And I imagine we’ll see less fake updates from Azad on the company blog.
Going off how badly he photoshopped those signatures onto his updates, and how far up his arse Bahirwani’s hand is, it probably didn’t take too long to confirm muppet status.
I suppose it’ll all come out in the wash when that chargesheet is filed.
the SC order in SLP 6310/2013 is now available :
http://courtnic.nic.in/supremecourt/temp/sr%20631013p.txt
On going through the report and papers, I am of the considered view that it is too early to comment whose the brain behind the entire episode and that too when investigation is in progress.
It appears from the record that present applicant was engaged by Kritanj Management and Allied Services. The copy of appointment letter to that effect is also placed on record indicating what work was to be discharged by this applicant in the capacity as a Financial Advisor and Tax Consultant.
The applicant is allegedly connected with Speakasia Pte. Ltd. Company. However, there is no prima-facie material to connect this applicant with Speakasia Pte. Ltd. There are 2 companies namely Kritanj Management and Allied Services and Haren Ventures Pte. Ltd. whereby applicant is attempted to be roped in.
Ld.SPP for the State Mr.Gharat invited my attention to one letter dated 03.06.2011 issued by Chief Executive Officer of Haren Ventures Pte. Ltd. addressed to Crime Branch, Mumbai Police. He took me through the said letter and pointed out that present applicant is also a collection representative.
Present applicant and M/s.Kritanj Management and Allied Services represented by Mansoor Patel have collected amounts from the investors and the same transferred to their personal accounts and the applicant is a direct beneficiary.
By way of reply, ld.Counsel Mr.Ponda invited my attention to another letter issued by Haren Ventures Pte. Ltd. dated 05.11.2011 addressed to Phoenix Legal, Nariman Point, Mumbai. He submitted that initially they thought it as a case of embezzlement of money, so sometime on or about 03.06.2011 they intended to write a letter to Crime Branch, Mumbai police complaining about the same.
However, thereafter it came to their knowledge in a meeting around 06.06.2011 with Mr.__________, who had brought in Kritanj Management and Allied Services as collection representative with Mr.Manoj Kumar Sharma, that it was merely an accommodation entry and Mr.Mansoor Patel agreed to return money to the company.
It was for this reason that the letter drafted was never submitted to Crime Branch, Mumbai and it was kept in the office of Tulsiyat Tek Private Ltd., one of their collecting representatives in India and it was seized by the E.O.W., Mumbai.
By taking aid of said letter, ld.Counsel for the applicant submitted that Mr.Mansoor Patel and Manoj Kumar Sharma are allegedly involved and present applicant is nowhere in picture. Even the said letter indicates some how different picture. At this juncture, it is difficult to accept such position. The E.O.W. may look into this aspect and proceed with the nvestigation.
^^^^^^
huh? copy pasted from WHERE ? whats this about ?
if i’m not mistaken i think this is from the bail orders of dandona who was arrested in the early days of the investigation .he had said he was hired only as an financial advisor and had parted ways with SAOL before the problems cropped up .cannot understand the context or why copy pasting part of the order is of any importance.
what your point explorer?
By taking aid of said letter (1. letter issued by Haren Ventures Pte. Ltd. dated 05.11.2011 addressed to Phoenix Legal, Nariman Point, 2. the letter dated 03.06.2011 through which Haren Ventures Pte. Ltd. intended to write to Crime Branch, Mumbai police complaining about the same i.e. case of embezzlement of money ), ld.Counsel Mr. Ponda for the applicant submitted that Mr.Mansoor Patel and Manoj Kumar Sharma are allegedly involved and present applicant is nowhere in picture.
Even the said letter indicates some how different picture. At this juncture, it is difficult to accept such position. The E.O.W. may look into this aspect and proceed with the investigation.
Mr. Ponda clearly stated during the hearing of Bail order of Dandona that Mr. Mansoor Patel and Manoj Kumar Sharma are allegedly involved in this case of embezzlement of money and no one should deny for that now because this is the statement of the learned counsel Mr. Ponda.
Mr. Ponda himself is sure and confident about both the fraudsters Mansoor Patel and Manoj Kumar Sharma that both are allegedly involved in all the mesh ups and embezzlement of money of Speak Asia.
Govt. agencies should focus on the statement of learned counsel Mr. Ponda and arrest both the fraudsters as earlier as possible.
ridiculous. are you aware that mr ponda represents SAOL[ manoj kumar], in court ? and you’re saying mr ponda is himself saying manoj kumar has embezzled funds. is your head screwed on right?
during investigations, EOW found a letter, in the offices of tulsient tech of manoj kumar, from HVP addressed to crime branch, which said that kritanj management under mr mansoor khan, had allegedly embezzled funds, as some money had been transferred unexplainedly to his personal accounts.
however on further meetings between kumar and khan, the matter was resolved, and khan promised to return the money, hence the letter was not forwarded to the crime branch.
this undelivered letter was used by dandona, to show the court that he was not the owner of kritang, as his name was not mentioned in the letter and only mansoor khan’s name was mentioned as owner of kritang .beyond this, the letter is of no importance as it was never sent anywhere.
the court, found the letter showed a different picture, ie it showed that dandona was not the owner of kritang, and this was one of the reasons dandona got bail .
if anything, this letter just goes to show that kritang is not a shill company of kumar and HVP, as they had serious differences at one point.
My head is on the right place. I think your head and both the eyes are out of order or you have become mentally sick after posting so many ridiculous and baseless comments here and there with so many fake IDs.
Here is the link of Mr.Sanjeev Sarvanath Dandona’s Bail Order. Go and see it with you jaundiced eyes and also apply your rotten mind then open your garbage full of mouth before the people.
http://court.mah.nic.in/courtweb/orders/citycriminal/orders/203601018692011_1.pdf
Page No. 10 , line numbers 20, 21 and 22.
Don’t try to teach me the BLACK STORY OF SAOL.
Wow. Is witchcraft allowed on this blog?
‘by taking aid of said letter, id.counsel for the applicant [dandona] submitted that mr mansoor patel and manoj kumar are allegedly involved [in speakasia matters] and the present applicant [dandona] is nowhere in the picture [as he was only a tax consultant].’
learn to read and understand court orders .
the undelivered letter from HVP to the crime branch, was found in the office of tulsiyat tech[manoj kumar] , who were probably going to pursue the matter with the crime branch , on behalf of HVP .
nobody cares what you think about SAOL, or whether you find it’s story black . you are not well informed, and that is not SAOL’s problem .
Just turn around, then look back at your learned and eminent lawyer over from your shoulders , if he may wish, on your kind urge, will teach you something about this in detail. I am not here to enhence your knowledge, but to enlight those facts about which you all kept the panelists non conversants.
The knowledge which you have is crooked which create the colic. You have a good quality of ignorant smiles, but it reflects all your treachery from all direction .
Haren Ventures Pte. Ltd. intended to write to Crime Branch, Mumbai police complaining about the case of embezzlement of money and wrote a letter dated 03.06.2011.
On 06.06.2011 it has been revealed that Manoj Kumar Sharma brought Dandona in Kritanj Management and Allied Services as collection representative of the company and transferred the money of panelists from the bank account of Kritanj Management and Allied Services to his own personal undeclared bank accounts.
Tarak Bajpai arrested on 29 July 2011.
Manoj Kumar Sharma’s office had been sealed on 02 August 2011 where the letter dated 03.06.2011 of Haren Ventures Pte. Ltd. was found by the investigation team.
Nothing had been done regarding that letter dated 03.06.11 by Manoj Kumar Sharma. In the mean time (from 03.06.11 to 02.08.11) he was just busy in misguiding the people by his massages, videos and pop ups. Manoj Kumar Sharma flew away and hided himself in Dubai and from the airport of Dubai he gave massage through his video and fooled people.
ld.Counsel Mr.Ponda also revealed that Haren Ventures Pte. Ltd. issued another letter to Phoenix Legal, Nariman Point, Mumbai dated 05.11.2011.
WHY DID MANOJ KUMAR SHARMA NOT PRODUCE THE LETTER DATED 03.06.11 TO THE CRIME BRANCH, MUMBAI POLICE? WHAT WAS THE INTENTION OF MANOJ KUMAR SHARMA BEHIND THAT?
WHY DID MANOJ KUMAR SHARMA HIMSELF ANNOUNCE AS A CEO OF THE COMPANY WHILE NO ONE KNEW HIM BEFORE MAY 2011? WHAT WAS THE GAME PLAN BEHIND THAT?
SAOL is still an unregistered entity in India.
Unregistered company and Unauthorized MANAGEMENT TEAM who were busy in making fools regularly to innocent people by their false promises. Still busy by their so called business promoters like Bahirwani, Azad, Anjali, Satya Bachan etc.
Company this, company that. They were all money laundering operations set up Manoj Kumar and friends to launder their Speak Asia Ponzi money out of India.
Let’s just leave it at that.
@Surya
So Manoj Kumar duped Haram Khor? Great! What is she going to do about it? Please comment Anjali Bahirwani.
huh ? where’d you get that from ??
learn to read.
so, wheres the ED money laundering case?
to the best of my information, the ED had initially asked some questions of the company ,and spoken to a few franchisees , and that was the end of that . i do not think they found any case to pursue from the money laundering angle.
No idea, you’d have to ask them.
All I know is that, by virtue of its business model and compensation plan Speak Asia was a multi-million dollar Ponzi and pyramid scheme hybrid.
The company laundered off affiliate funds out of India and has been using them for two years to try and legalise Ponzi schemes in India. The company’s owners have been fugitives on the run and hiding outside of India for now nearly two and a half years, with Indian authorities thus far unable to bring them to justice and hold them accountable.
That pretty much sums up the current situation, low-level drama from local management and Kumar’s cronies aside.
We are all illiterates here as per opinion of Anjali teacher. No doubt. That is why we got suckered into the virtual ponzi scheme of Haram Khor/Manoj Kumar.
Now, Anjali teacher pl tell us all where you can be reached for lessons on learning to read and keeping our heads screwed right, etc.? Do post here your contact address and contact # so that we can take tuitions.
Here is something interesting from Speakasiaonline FAQ. Speakasia was not working in India.
@ juta
Anjali cheater (teacher) herself taking classes of law from ‘Phoenix Legal MIDNIGHT HOT LAW CLASSES’.
Learned Advocates of Phoenix Legal are very busy now-a-days with Anjali cheater(teacher)in ‘MIDNIGHT HOT LAW CLASSES’ giving her all the needful from all the corners.
Good going anjali, good going. Keep it up. You’ll break all the records of lawyers, advocates and counsels of India very soon.(hahahahahahahahaha)
@Oz – Why have you removed my previous comment?
Some information about Podium International Limited
Name: Aizhen Wei
Title: Chairman
Address:
P.O. Box 957, Kingston Chambers,
Road Town, Tortola, British Virgin Islands
To show off with company is a pretext . A sholay style . Amitabh favour Dharmendra in all possible way, but only to disfavor him .
These type of treachers are ignorant themself, trying to prove themself well aware of everything, to create an aura of being in touch with VIP, but after few convesations over a issue, it gives out a dull sound when strucked !
They boastin a matter, slip down mentally and then start to utter irrelevent speech. They are with some one untill their illicit intention seems to be fullfilled.
Here is also something interesting from Speakasiaonline FAQ.
A complete DRY DAY DREAM of Manoj Kumar Sharma for poor Indians. Assuring people that ‘There are many more options for LOOT in future’. So stay tuned with SHARMA and his looter gang if something is remained to be looted, he is coming with his some fantastic other new business options, THE DRY DAY DREAM BUSINESS OPTIONS for poor Indians.
So, stay tuned with SHARMA and his looter gang.
(hahahahaha)
@Andy
As far as I could see that company had nothing to do with Speak Asia. If you’re requesting a separate review of it that can be done via email or the “About” page.
The company I had mentioned is operated by Narayanan Rajgopalanan. One of the person from speakasia management. It is also operated from Singapore.
Andy’s previous comment of Oct 30, 2013, that came into my email box is as follows:
“Author: Andy
Comment:
Hey speakasia panelists, in case you were not able to earn from speakasia here is a new scam form speakasia management. Go ahead and join – www(.)enisadya(.)com”