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Apr 2, 20239 min read

Pleasure of “The Trial”: a letter to PCHFL’s Legal Advocates

Posted on 03/04/2023 (IST 00:35 hrs)

Updated on 22/04/2023 (GMT 08:20 hrs)

सत्यमेव जयते नानृतं सत्येन पन्था विततो देवयानः। येनाक्रमंत्यृषयो ह्याप्तकामो यत्र तत्सत्यस्य परमं निधानम्॥

Please view the following documents before going through the present one:


BJP and Piramal are afraid: suppression of OBMA’s online activism!


Loud Voices Made the Deaf Hear: Piramal CHFL’s legal action against the cyber-dissenters

“Someone must have slandered Josef K., for one morning, without having done anything truly wrong, he was arrested.”Franz Kafka, The Trial (1925)

This letter is being dedicated to

Shaheed-e-Azam Bhagat Singh,

the internationalist socialist revolutionary,

by remembering his trial and death

Dear DSK Legal,

I am happy to view your INTERIM APPLICATION (L) NO. 1231 OF 2023 IN SUIT (L) NO. 1227 OF 2023 on behalf of Piramal Capital And Housing Finance Limited & Anr. The DHFL victims have got much publicity regarding the DHFL case for your application in the HIGH COURT OF JUDICATURE AT BOMBAY (ORDINARY ORIGINAL CIVIL JURISDICTION) on the 6th of January, 2023. I am proud to be a defendant in this matter though I do not have the ability to pay a part of One Hundred Crores (with 18% interest) as a compensation for the “losses” suffered by Piramal CHFL due to the web-based non-violent civil disobedience movement.

PAGE 267, VOL. 19 [SUIT (L) NO. 1227 OF 2023]

As me and my family have lost a huge amount (according to the perception of an ordinary middle class citizen of India) of our hard-earned life-savings due to Piramal’s takeover of the DHFL, it is impossible for me and other defendants who have been enlisted in the case to pay that astronomical figure in the form of compensation.

However, you may add more defendants along with Facebook, Twitter and Linkedin, viz., the other sites where we (me and my family) have spread the news of the “hostile” takeover of DHFL by Piramal CHFL.

Apart from these three platforms, we have used WordPress, Wikipedia, Tumblr, Academia.edu, Researchgate, Blogspot, Youtube, Instagram, Pinterest, Quora, Hello Peter, Mouthshut etc. Hence, you may increase the compensation amount.

Me and my family are submitting more evidences/proofs of “defaming” your “spotless” client, a “parama vaisnava” (devotee of Radhanath Swami, an alleged person with legal conflicts⤡), who, according to you, has a “global reputation of being ethical, reliable and trustworthy”, though he is an alleged insider trader!⤡

Page 3, Order on INTERIM APPLICATION (L) NO. 1231 OF 2023 IN SUIT (L) NO. 1227 OF 2023, dated 01.03.2023

I would like you to view the following documents for your kind perusal and to strengthen your defamation case:

AJAY PIRAMAL @Wikipedia VIEW HERE ⤡ (Controversies, Personal Life, Talk)

PIRAMAL REALTY @Wikipedia VIEW HERE ⤡ (Controversies, External Links)

Piramal Capital and Housing Finance Limited @Wikipedia VIEW HERE ⤡ (References, History, Financial irregularities and probes against DHFL, external links, TALK)

Moreover, we are emphasizing on the Hon’ble NCLAT’s order on 27/01/2022, and citing some of the following observations from the said order in this very context, which might appear to be “defamatory” to your Plaintiffs No. 1 and 2 since Mr. Ajay Piramal rushed to the Hon’ble Supreme Court of India to get the following order stayed. Why was it the case, really?

Our Protection of Life and Personal Liberty (especially the Right to Live with Human Dignity and the Right to Livelihood) as guaranteed by the Indian Constitution (Article 21, which also covers the Right to social justice and economic empowerment, as noted by the Hon’ble Supreme Court of India) has already been curtailed through the Resolution Process under the guidance of the RBI-appointed CoC for the DHFL, which has “deliberately” committed a financial abuse (or infringement of business-related human rights as guaranteed United Nations Guiding Principles on Business and Human Rights ⤡ ) on the FD and NCD Holders of the DHFL. We also can cite Article 32 of the Indian Constitution that gives the right to us, the Indian citizens, to move to the Hon’ble Supreme Court to seek justice when we might feel that our right has been ‘unduly deprived’ and seek a legal enforcement of the same through due judicial process. Article 39(b) of the Constitution of India further states that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; and (c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment. The DHFL takeover by Piramal CHFL might be a violation of all these provisions since it involves the private accumulation of wealth by a corporate minority by depriving thousands of small investors, hinting towards a concentration of wealth within the framework of crony and monopoly capitalism to the common detriment or impoverishment of the common masses. This is in contravention to the “Socialist” clause added to the Preamble of the Indian Constitution as well as the clause of “JUSTICE, social, economic and political”.

Me and my family are ready to be convicted if and only if (“iff”: in terms of material equivalence or ‘≡’, where the truth values of the two component truth-functional propositions are the same) we are proved guilty. However, we cannot afford to hire a legal advisor for fighting to preserve our basic human rights due to our grave financial impediments. Therefore, we had appealed for legalizing active euthanasia⤡ after viewing the wounded Indian civilization⤡.

If upholding our economic rights means “defamation” for the politically-aided corporate tycoons, we are ready to fight for the consolidation of distributive justice for the small investors of India, even on the international forum since we are already guarded by the UN-OHCHR’s safeguards.

We are again thanking you for making it easy for us to spread your appeal in the public domain. We are really enjoying (jouissance/surplus pleasure or āhlāda arising from hlādinī Śakti) such case of defamation against us.

Yours sincerely,

Dr. Debaprasad Bandyopadhyay

Professor (honoris causa), LA FILOLÓGICA POR LA CAUSA (USA/MEXICO)

Former Faculty, Linguistic Research Unit, Indian Statistical Institute

A Victimized Family of Bewildered, Beleaguered, Perplexed, Anguished, Anxious, Hapless, Helpless and Ailing DHFL FD Holders

ON BEHALF OF ALL ANGUISHED, AILING DHFL FD, NCD AND SHAREHOLDERS [USUAL DISCLAIMERS APPLY]

बहुजनहिताय बहुजनसुखाय च॥

(“For the happiness of the many, for the welfare of the many”)

SEE ALSO:

UPDATE:

I have sent the above letter to the DSK Legal Mail ID with a covering letter on 03.04.2023, which is given as follows:

To

The DSK Legal Team

Sub: Welcoming the DSK Legal Team to join the Web-based Non-Violent Civil Disobedience Movement against the Oligarchy

Dear DSK Legal,

In response to your mail, it is my pleasure to submit my humble open letter to you and your Plaintiffs:

Pleasure of “The Trial”: a letter to PCHFL’s Legal Advocates VIEW HERE ⤡ Keeping aside the professional relationship, I would earnestly request you to join our web-based non-violent civil disobedience movement against the plutocracy to rescue the victims of manufactured financial abuse. I would like to cite none other than our beloved Bapu in this context: “I have no desire to convince you that they (lawyers) have never done a single good thing…That the Congress owes the lawyers something is believable. Lawyers are also men, and there is something good in every man. Whenever instances of lawyers having done good can be brought forward, it will be found that the good is due to them as men rather than as lawyers. All I am concerned with is to show you that the profession teaches immorality; it is exposed to temptation from which few are saved. The Hindus and the Mahomedans have quarreled. An ordinary man will ask them to forget all about it; he will tell them that both must be more or less at fault, and will advise them no longer to quarrel. But they go to lawyers. The latter’s duty is to side with their clients and to find out ways and arguments in favour of the clients to which they (the clients) are often strangers. If they do not do so they will be considered to have degraded their profession. The lawyers, therefore, will, as a rule, advance quarrels instead of repressing them. Moreover, men take up that profession, not in order to help others out of their miseries, but to enrich themselves. It is one of the avenues of becoming wealthy and their interest exists in multiplying disputes. It is within my knowledge that they are glad when men have disputes. Petty pleaders actually manufacture them. Their touts, like so many leeches, suck the blood of the poor people. Lawyers are men who have little to do. Lazy people, in order to indulge in luxuries, take up such professions. This is a true statement. Any other argument is a mere pretension. It is the lawyers who have discovered that theirs is an honourable profession. They frame laws as they frame their own praises. They decide what fees they will charge and they put on so much side that poor people almost consider them to be heaven-born. Why do they want more fees than common labourers? Why are their requirements greater? In what way are they more profitable to the country than the labourers? Are those who do good entitled to greater payment? And, if they have done anything for the country for the sake of money, how shall it be counted as good? ….Those who want to perpetuate their power do so through the courts. If people were to settle their own quarrels, a third party would not be able to exercise any authority over them. Truly, men were less unmanly when they settled their disputes either by fighting or by asking their relatives to decide for them. They became more unmanly and cowardly when they resorted to the courts of law. It was certainly a sign of savagery when they settled their disputes by fighting. Is it any the less so, if I ask a third party to decide between you and me? Surely, the decision of a third party is not always right. The parties alone know who is right. We, in our simplicity and ignorance, imagine that a stranger, by taking our money, gives us justice.” — M. K. Gandhi, Hind Swaraj (1915) I do not wish to add anything more after such a radical enunciation. For taking a relief, one may look into a movie’s (Lage Raho Munna Bhai) clipping for elaborating the above enunciation of Mahatma Gandhi: मुन्ना भाई ने वकीलों में कराया झगड़ा VIEW HERE ⤡


Yours Sincerely,

Dr. Debaprasad Bandyopadhyay

Former Faculty, Linguistic Research Unit, Indian Statistical Institute Honorary Member, International Human Rights Bureau

UPDATE:

It is to be noted that the Karnataka High Court on 04/04/2023 has observed in a 100 crore defamation case the following:

UPDATE:

ON 19/04/2023, THE ADVOCATES WROTE THE FOLLOWING LETTER TO US:

BY EMAIL

SDS/2023

April 19, 2023

We are concerned for Our Clients, the Plaintiffs in the captioned proceedings and have been instructed to address you as under:

  1. As you are aware, Our Clients have initiated the captioned Suit proceedings against you, the Unknown Defendant Nos. 1 to 6 for reliefs more particularly mentioned therein.

  2. Vide our email dated March 31, 2023 we have already served you with a copy of the Suit proceedings and further intimated you of passing of Order dated March 1, 2023. Clause 14 (iii) of the said order directs, “Defendant Nos. 1 to 6 are injuncted from uploading defamatory posts which are of like nature to the defamatory posts annexed at Exh. E to L to the Plaint and Exh. A to F of the additional Affidavit.” Additionally, we also requested you to provide us with your full address for communication and to implead the same in the captioned matter.

  3. Despite the aforesaid, we have received no further communication and/or any details from your end. It is in this regard that You, Unknown Defendant Nos. 1 to 6 are once again called upon to duly provide to us details (full name and communication address) within 3 (three) days from receipt of the present e-mail, failing which Our Client shall be constrained to inform the Hon’ble Court and take appropriate steps.

  4. Please note that same is issued without prejudice to the rights and contentions of Our Clients and Our Clients reserve their rights and remedies in law and equity.

The reply to the same was provided through the following letter:


Attack and Counter-attack: a letter to PCHFL’s Legal Team

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