1] The office bearers of AISPA and Panelists are absolutely honest and with impeccable integrity
Opinion: Thank you so very much for the kind words regarding the Panelists and office bearers of AISPA. We share you view that we all are indeed Law Abiding citizens of India and we are being harassed and victimised by the EOW only because we are fighting for our rights and we have organised ourselves to raise our demands under an Association AISPA.
2] Most of the core Management Players- 1] Harendar Kaur 2] Manoj Kumar 3] Vivek Gautam 4] Narayanan Rajgopalan 5] Sanjeev Mehta 6] Sanjay Dwivedi 7] Pal brothers etc have not submitted themselves to investigation.
Opinion: All the names mentioned by you are not the core members of the Management team. Many names mentioned by you do not find any place in any proceedings in any court. The COO has submitted himself before LAW. The website of the Company, All banking Accounts are under purview of the EOW as of now, all documents pertaining to the Company are with the EOW.
3] The concept of Survey- the story line was not outlawed by the regulators initially
Opinion: Your above point is not clear I do not understand what you want to put through this point. However, I tend to agree that the SURVEY idea has not been till date outlawed by any authority.
Being privy to the SAOL Business Model which was submitted in my ABA in the Bombay High Court, I say with full responsibility that the SURVEY MODEL was a very small part of its Business Model. Without understanding the Business Model, one cannot pick up concepts on piece meal basis and draw on them to draw out a perception. I have in the past agreed to share with you the Business Model so that you can have an insight in the actual working of the Company.
4] Most of the franchisees and panelists against whom the cases have been filed are innocent- as the State did’nt declare this Business illegal initially
Opinion: If the Survey Concept and neither the Business Model per se have been termed illegal as of now, I agree with you that it would be premature to label the franchisees and the Panelists as accused. Thank you for seeing the matter in the correct perspective.
5] In case of Sahara Group vs SEBI, before criminal prosecution, the Company was asked to repay the investors
Opinion: Your above Para, mentions that SAHARA was ordered to pay to its investors even before the criminal investigation was ordered. Nambiarji, such a luxury or opportunity was not accorded to SAOL. SAOL is on record informing us through their BlogSpot that they have written to all authorities including the PMO, RBI and even the EOW to explain their Business Concept and to fully Co-operate with all authorities in any kind of Investigation.
Based on the vicious, negative and motivated media campaign, the company was denied every opportunity to present its case, arrests were made over night, and websites seized resulting in the suspension of the Business activities and stoppage of the Payments. Due to the forced stoppage of Payments the charge of cheating was thrust on the Company.
Pradeepji, here you also need to understand that one cannot compare Apples to Oranges. Sahara is purely an Investment Concept whereas SAOL is in no way related or even close to INVESTMENT.
6] Sahara vs SEBI- Sahara has paid of 19000 crores directly to the people without routing it through SEBI and the matter is comming up for hearing before SC in 2nd week of July
Opinion: To put the SAHARA matter in the right perspective I remember the SC observing against the way which SAHARA has conducted themselves in the matter. Please remember that the SEBI had not taken control of SAHARA’s DATA base and neither of its Accounts. If it was done than I am sure Sahara would not have taken the non judicial route and paid its Investors behind the back of the SEBI.
Pradeepji, I wish to draw for you what has resulted in this matter of payments of 19000 Crores which Sahara paid to its investors without it being routed through SEBI. The SEBI is now NOT willing to acknowledge this payment as it was not done under its supervision. Similarly when SAOL made some EXIT PAYMENTS based on data collected directly from the Panelists the EOW came on television to announce that these were false claims and all payment proofs were forged, also going ahead and slapping the Company with Sections 468 and 471 relating to forgery etc.
So making Payments directly by using any back up DATA Base, without the consent of the Court will not resolve the issue as this will always lack legal sanctity. These kinds of payments will always be contested by EOW.
7] Unless the top management mentioned in point no 2, submit themselves to scrutiny before the enforcement agencies I don’t find that even the Government will be open to the idea of your prayer mentioned in your online petition.
Opinion: Thankfully we, the law enforcing agencies and neither the Judiciary go by your opinion. The moot point is that pending INVESTIGATION there should not be anything which should stop the payments to the Panelists. I once again reiterate that neither the Courts nor the RBI have any problem or any issue with the payments.
Most importantly NO LAW bars the company from making the EXIT PAYMENTS whilst some of the Management personnel are not in India. No court has put this condition on the Company that they cannot make the payment unless and until these people you mention come to India.
You need to understand and appreciate that SAOL is a registered entity in Singapore. Any International company if it falls under the investigating scanner does not warrant for its global management to rush to India. The Indian COO is here and responsible to handle the matters completely.
Most importantly you need to understand and appreciate that the moot point is that even the Hon’ble SC has not resisted the Companies efforts to pay to its Panelists, in fact the SC was facilitating the EXIT. Not a word has been said till date about the Management personnel who are not available.
Another very important point being that in the RBI’s speaking order dated sometime around the third week of September 2012, submitted to the Hon’ble Bombay HC has clearly mentioned that they have NO PROBLEM if the Company brings in money to pay to its Panelists.
From the above it may be clear that neither the Courts nor the RBI has any problem or any issue with the payments. It is only the EOW for reasons best known to them who are derailing the EXIT OPTION and not allowing the payments to the SMALL & MARGINAL INVESTOR much against the LARGER PUBLIC INTEREST.
8] Any company , i certainly believe always has a back up of their existing Data, As in Sahara vs SEBI case where Sahara has paid 19000 crores directly to investors, i do believe that Speakasia can pay the entire amount to the panelists, because the Company definitely has back up of its data and software. I can’t believe it, if the Company says that it does not have back up data.
Opinion: The question of DATA being required by the company to make payments has been discussed and viewed by the SC, when they ordered the EOW to share the DATA with the Mediator. Why would the SC order the EOW to share the data with the Mediator? The EOW could have objected saying that the Company has the DATA and does not require the DATA from the EOW. But instead of this, funnily the EOW has submitted in their sworn Affidavit that the Company should ask the DATA from AISPA. This is how serious EOW has been in this matter.
The company has also filed a Writ in the Bombay HC praying for the DATA. Why would the company file a writ in the Bombay HC? Why would the Court admit such a WRIT if the Company had or was allowed to use the copy of its DATA Base legally.
For a minute let us assume that the Company has the BACKUP DATA, You being an advocate, do you think the company can assess its data base while the matter is under investigation without the implicit consent of the EOW or without the permission of the court, would it not amount to tampering with the Evidence?
Pradeepji it is high time that all of us who are analysing the SAOL matter rise above personal beliefs and perceptions and base our views on HARD FACTS arising out of the court matters.
Warm Regards.

- Answered by Mr. Ashok Bahirwani

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Source :

- Anand prasad in SpeakAsian Powers

As the Writ which has been filed by Company’s Legal team to claim the Server or Admin rights to disburse the Exit payments is now expected to happen on 25th June…I hope that this Writ will be an eye opener for many …We need to see the reaction of Indian Judiciary as what will be there decision or outcome on the concerned Writ…

Signature camp is going on ….Let me make all of you aware that when the matter is in Judiciary / Litigation even the President or Prime Minister cannot do anything here….but still lets try our best and see if something happens through this movement or not…

For faster progressive results the only solution is Settlement/compromising…Holding your horses i would indeed say that we need to wait for the result in Writ 1127 as that order will really help us to understand the things better and hopefully help us to clear some doubts and questions or misconceptions about Indian Management , Singapore management or any other management…Lets await for the result of 1127

Thanks and Regards
SpeakAsian Support group

We are wishing you to Many Many happy returns of the day
Tarak Bajpai…

Please read, sign & share this online petition if you wish. Regards.

http://www.change.org/petitions/12-5-lacs-speakasians-demand-justice?share_id=oPJxodwirI&utm_campaign=friend_inviter_chat&utm_medium=facebook&utm_source=share_petition&utm_term=permissions_dialog_true

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With a heavy heart todays’s hearing did not took place as the bench was discharged after the lunch. However today we were expecting whom the admin rights or server would have been given or not to the authorized person…
Tomorrow 9th May we have another the first hearing is expected to happen in AP…Just to alert that all the negative remarks about our company have been disposed off in this case and tomorrow lets see what does the legal team put forward in Trial to get minor relief in our matter…

Regards

Mr. Anslem Thomas

SpeakAsian support group

I am an enrolled member (Panelist) of an online survey company Speakasia Online Pte Ltd. The said Company had fulfilled all its commitments till May 2011. In May 2011 , after the company celebrated a Mega event in Goa, the Electronic Media indulged in a very negative campaign against the said Company which resulted in two things -
a) RBI issued a circular to all banks to adhere to KYC norms in May 2011.The banks on basis of this circular stopped the payments coming from the Company to the panelists .
b ) In August 2011 in pursuant to its investigation process the EOW Mumbai was handed over the website by the company for necessary investigations .

The Company moved the Mumbai High Court through WP/1396/2011 against the RBI for its erratic circular in July 2011 and The Hon’ble High Court ordered RBI to give representation to the Company and take the legal course of action.
Company again moved Mumbai High Court in July. 2012 through WP/1523/2012 after it got no response from RBI after many meetings in the process . On 2nd Aug. 2012 the Hon’ble High Court then ordered RBI to give speaking order which was complied by RBI and the banking channel again became operational.

The Company on 1st August, 2011,had announced Exit Option to those members who in the absence of the website were unable to participate in the activities of the business model and wished to leave the Company getting back their money . Around 94,000 members opted for the same.

As 115 panelists had moved the Supreme Court through WP 383/2011 seeking refuge under Article 32 of the Constitution of India enshrining right to livelihood and The Hon’ble Judges deemed it to be a case fit for mediation. Justice R. C. Lahoti, Ex Chief Justice of India, was appointed as Mediator and the Company on its own deposited USD 10 Million with the registry of Supreme Court to fulfill its obligations pending the final ascertaining of the dues by the hon’ble Mediator. The Hon’ble SC decided to end the writ on technical grounds on 19/09/2012 and ordered that the money deposited be returned to Company with interest. This shows that the Hon’ble Judge of SC had faith on the Company .
Meanwhile the investigating agency , EOW Mumbai in continuance of their investigation arrested a number of person and on date all arrested persons have been released on bail and their bail conditions are being reduced continuously .

The Company in its endeavour to pay the persons who had opted for exit has payed many members since Nov 2012 and proofs of the same is readily available.
The company in its communication has cited that in the absence of its website and Data that is control of EOW mumbai is unable to effect fast refund payment to exitors and has moved Bombay High Court through Writ Petition WP/1127/2013, the next hearing in this is scheduled for 8th MAy, 2013 , to reclaim its website for sole purpose of faster and authentic payment to the members who have opted for exit .
The swift action taken by the Company in its availing all legal resources available has been the basis of the support it enjoys amongst its members and the dilly dally and delaying tactics of EOW has resulted in our doubting its intention .
Even Hon’ble Judge of Bombay High Court has commented on the intent of EOW in delaying the Chargesheet in his order.
I appeal to all not to believe me but to verify all facts and support my endeaour of ending this impasse and ensure that the earning option of some 12 Lakh person and their families is restored as soon as possible .
Regards
Speakasian

- Mr. Anand Prasad in Speakasian powers

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You know that Speakasians are fighting for justice for last 2 years. AISPA, the Govt. registered association of the Speakasian Panelists is taking lead of this struggle. Fight is still going on at different legal forums.

Panelists are asking for justice from judiciary, their hardly earned money & job back. To continue its fight AISPA is seeking your support. Speakasians please respond and give a support mail to aispa.protest@gmail.com. If you want to know more about Speakasia’s legal battle & recent happenings kindly visit www.aispa.co.in

Courtesy: Victor McFarlane :