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Jun 17, 202310 min read

Who is to be Defamed: Piramal CHFL or the DHFL Victims?

Posted on 17/06/2023 (GMT 18:44 hrs)

THE FOLLOWING DOCUMENT IS THE INTERIM APPLICATION FILED BY MR. AJAY PIRAMAL THROUGH HIS LEGAL FIRM DSK LEGAL AGAINST SOME DHFL VICTIMS:

THE LETTER WRITTEN BY ONCE IN A BLUE MOON ACADEMIA (OBMA)’S MEMBER IN REACTION TO THE ABOVE IS BEING GIVEN AS FOLLOWS:

To

The DSK Legal Team

Sub: A DHFL Victim’s Response to DSK Legal’s Interim Appeal For A Defamation Case

Dear DSK Legal Team representing Mr. Ajay G. Piramal,

I am again thankful to you and also grateful for publicizing my so-called “false, baseless, mala fide” (from your gaze) “threats” and “allegations” against your plaintiff(s). We are happy enough to get such unexpected mileage. We are really honoured to be a part of aggravated persons, who can malign a billionaire like paramavaiṣṇava Piramal. Before going discuss other issues, are re-remembering our open (transparency must be maintained) letters (through hyperlinks) to you and your plaintiff(s), where you will certainly found that there is no “threat” (point no. 7 of you interim appeal) posed against you and your client(s) in the context of the DHFL scam⤡ ⤡.

Yes, I want to be a defendant of a defamation case so I can use the courtroom as our stage for performing agit-prop following Bhagat Singh, Sukhdev, Rajguru et al.’s trial in the Second Lahore Conspiracy Case (1929-30). We are not following “Veer” (?) Savarkar’s “dedication” to the nation’s “freedom”.

As you repeatedly used the word “malicious intent” or “motive”, I am ready to reveal my sole motive since in any legal case in a court of law, the motive of an action plays the central role in determining the guilt of the offender.

I, as an FD Holder of the DHFL, have only one motive: Getting our money back from the old promoter (who assured full payment to the FD and the NCD holders. Wadhawan brothers are absentees in the COC meetings! Why is it so? ⤡) your plaintiff(s), who cunningly owned a company (by paying only a rupee for 45k Cr worth of profitable assets! It is also observed that he did the same thing in the case of Hon. Union Minister Piyush Goyal’s company in the Fishnet Scam earlier) by ignoring and skipping several legal steps/gatekeepers (à la Franz Kafka: The Trial). Therefore, the business-related human rights of the thousands of ailing DHFL victims are infringed in this case of financial abuse as per the United Nations’ Guiding Principles.

In fact, there are many communication gaps that create epistemological obstacles in understanding my perspectivities on the basis of my phenomenological field or spectrum of context-sensitive situatedness. The DHFL victims including me have become paupers due to paramavaiṣṇava Ajay Piramal’s paradoxically violent actions.

From the consequentialist standpoint, the results of actions determine the moral worth of any action. In this case, the consequence or given “end” (telos) of Mr. Piramal’s actions has led to the unending suffering and misery of thousands of victims. It is totally unexpected from a follower of the vaiṣṇava cum Ramakrishna-Vivekananda traditions of thought. Therefore, as mentioned by you, I, on behalf of Once in a Blue Moon Academia (OBMA), have used the term “mask” (persona: dramaturgical role-playing), i.e., his “face-work” (à la Goffman) that hides his underlying selfhood or atman.

From the deontological standpoint, the moral worth of an action follows from the initial moral standing on the basis of the moral agent (as a member of the moral community as opposed to immoral and amoral/non-moral belongings)’s intentional ethico-legal blueprint or motive of the action. In this case, Mr. Piramal’s motive was to amplify his monopoly capitalist enterprise with crony aid of the present Saffron Fascist ruling party.

From the perspective of virtue ethics as well, Mr. Piramal’s action in the context of DHFL scam does not correspond to a morally pious or virtuous character as per the Aristotelian connotation, since Mr. Piramal has not contributed to the “eudaemonia” (flourishing/prosperity/happiness) of the DHFL Victims. The Utilitarians may also allege that the Utility Principle, i.e., “the greatest happiness for the greatest number” (altruistic pursuit) is also being curtailed due to Mr. Piramal’s forcible or hostile “takeover”⤡ (?) or adverse possession of the said company.

It is alleged that I have been sending emails/posts to the “advocates of the appellants/plaintiffs with defamatory and malicious threats”. It is ridiculous to declare that I, an insignificant pauper, have threatened a billionaire. I do not have so much money for advertising our campaigns. I personally believe in non-violent polylogues, not in the court of law but in a Habermasian space of dialogue-constitutive universals, where plural intersubjective exchanges are possible without systematic distorted communication of manipulation. Therefore, it may be entailed that there is a hermeneutic gap between a professional’s understanding and perception as the professional is buying or selling “justice” as a commodified entity, which we have already explained in one of our letters to you by quoting a briefless barrister’s (who was legally trained at the Inner Temple, London) enunciation on lawyers in his masterpiece “Hind Swaraj” (1915). We have instantiated this earlier to you with a scene from “Lage Raho Munna Bhai”.

One cannot play with fame and defame (as a binary) again and again by knocking the legal doors. There are many shades of fragmented identities (as stated by Amartya Sen) from the standpoint of situational/positional objectivity.

I simply wonder how my tweets as part of a non-violent web-based civil disobedience movement on a larger spectrum to challenge the polymorphous power-structure of the contemporary Indian autocratic state are stamped as “defamatory” since all of my posts are based on the reports of noted media-houses (thus these are merely reported speech, à la Volosinov and Bakhtin) and fact-checking initiatives carried out by the fifth pillar of democracy in the age of cyber-explosion. In the posts that you have mentioned, we have simply presented what others have reported with explanatory adequacy.

When we filed an RTI on the ALLEGED Dawood-Mirchi-RKW Developers (Dheeraj Realty)-BJP-DHFL collusion ⤡ (following Adam Smith’s connotation) and got answers with ambiguity from the authorities⤡, viz., The Ministries of Economic Affairs and Home Affairs (as RTI is dead⤡ in the contemporary scenario of the Indian politics⤡), we asked BJP’s president as well as the RSS Chief for filing a defamation case⤡ against the media-houses that initially reported this alleged unholy nexus related to the DHFL on 29.08.2022. No action has been taken as of yet. Why? Moreover, I have found a different angle⤡ in this case , when Rs. 200 cr was allotted for Taliban ruled Afghanistan in the Indian budget 2023.

That being the case, we have repeatedly used the word “alleged” to report these information instead of saying that these are conclusively or definitively proved. No truth-claim is made by me in the context of post-truth society.

Evidently enough, there is no freedom of speech and expression (Article 19a) ⤡ in plutocratic India⤡! Our India is wounded⤡ by the regime of religious extremism and market fundamentalism.

Amidst the surveillance state of India with the Data Privacy/Protection Bill, when the governed subjects are brought within the codification, appropriation process of bio-political intervention, it is redundant to ask for “Basic Subscriber Information” since all the information are accessible by the Big Brother’s Panopticon!

Moreover, you have alleged that “each and every post” on the Once in a Blue Moon Academia platform concern your plaintiff(s) and there is “no other activity” [Point III.(ii) in your application] other than that, where as in actuality, our website focuses on the issues of anthropogenic glocal heating, religious extremism/fundamentalism and the collapsing politico-economic superstructure within a larger discursive formation or universe of discourses. Why are you presupposing that we are only concerned with your quite unpopular (although CBE) billionaire when we have a far greater socio-political commitment against the established order of things?

You have stated in the application that your plaintiff(s) enjoy a “spotless reputation/record”, where as we can clearly see that he has been held accountable for doing many allegedly illegal deeds, a few examples are given as follows:

  1. Buying Piyush Goyal’s company at 1000 times its face value and then selling it within months. The Wire suffered a similar fate when they were accused of “defamation” by Mr. Piramal after publishing the report on this illegal transaction.

2. Allegedly violating Insider Trading Regulations as charged by the SEBI.

Piramal Enterprises fined Rs.6 lakh for insider trading VIEW HERE ⤡ (As reported on 5th October, 2016 ©The News Bytes)

3. Accusations at the Telangana National Green Tribunal for violating Environmental guidelines in Digwal.

NGT refuses blanket stay on EC to be paid by Piramal VIEW HERE ⤡(As reported on March 26, 2021 ©The Times of India)

4. Fishy zones in Piramal Realty’s real-estate business as reported by Mr. Krishnaraj Rao⤡.

5. Ignoring NCLT’s order in the DHFL case when it directed the CoC to reconsider Wadhawan’s full repayment offer but CoC and Mr. Piramal hurried to the NCLAT without answering the NCLT within the stipulated time period. Was it not a contempt of court? Is it really a false accusation on our part, as you have stated in page 14 [Point III. (vii)] of your appeal?

6. NCLAT’s 27th January’s 2022 verdict on the DHFL scam that stated that the allocation of the resolution amount as well as the entire resolution process of the DHFL is “contrary to law” and “full of material irregularities”, hence void. I have no idea why you and your plaintiff(s) are completely ignoring this event-turning verdict.

Hence, on the basis of the above premises constituting the rational ground of our argumentative mechanism, I have reached to the conclusion that I have not merely engaged in “mud-slinging” since Mr. Piramal’s face behind the pretentious mask is already full of spots due to papa karma (this is not a value-loaded defamatory characterization since I am simply stating a declared paramavaiṣṇava’s deviation from the path of hita-karma).

In this context, I must mention that our activities are not only concentrated on a few social media platforms but include research platforms or academic repositories such as ResearchGate and Academia.edu, where we have discussed the crony and monopoly capitalism, sometimes with reference to the paramavaiṣṇava’s hostile takeover of the DHFL.

You have again requested for a global blocking of our posts, which is a sheer impossibility at the age of the VPN servers and other protective mechanisms from where all such posts can be viewed by hook or by crook. Geo-blocking cannot be conceived at all. For example, BBC’s documentary “India: the Modi Question”, though “banned” in India, is publicly available on countless open platforms and proxy sites. So, your action does not make any sense in the MNC-controlled world with Artificial Intelligence techne.

Moreover, your investigation seems to be too poor since you have been able to mention merely 43 posts where as our website contains 231 posts on diverse topics (71 posts in 2022 alone)! Please carry out a detailed professional enquiry before advancing your plaintiff(s) accusations.

For your convenience, I am citing all our posts related to Piramal CHFL aka Piramal Finance in the following:

h. DEAR MR. AJAY PIRAMAL, WANNA BECOME WILFUL DEFAULTERS FOLLOWING THE PATH OF 50+ SUPER-RICH BUSINESS BARONS VIEW HERE ⤡ (You have mentioned this very post and took it as a defamation of your client. Not at all! The frequency of occurrences of such dacoit-like behaviours of fugitive wilful defaulters are increasing rapidly⤡ under the Modi Government. As your plaintiff is closely related to Modi-Shah duo, whose party is helping those fugitives, through your plaintiff’s secondary kin, Mr. Mukesh Ambani, I, as a desiring machine, anxiously deduce such conclusion, when Mr. Ambani (he gets Z+ security for his family as well as his secondary kins. Why there are so much adoes about nothing?) bought a a estate cum palace in the Great Britain.

We have also cited “Raktakarabi” (The Red Oleanders) of Rabindranath Tagore for emphasizing on the collapse of the hierarchical polymorphous power-structure when the king himself destroyed his own sceptre. He himself joined the anti-establishment movement. In a like manner, we are again requesting you to kindly sign the following petition for the benefit of the greatest number (Sarvajana hitāya ca sarva kalyāṇakāraka rājadharma ityuccate; lokasaya upakāroti vyāsane; cf. Arthasastra, Kautilya) and keeping in mind the future of your progeny.

I, or better to say, “We” (Ubuntu): all the DHFL victims, have nothing to lose after massive haircut in their lifetime savings in the DHFL resolution process and resolution plan. Therefore, on behalf of all the DHFL FD and NCD Holders, please choose me as a sacrificial goat or homo sacer for this defamation case. I alone will bear the cross for the sake of the welfare of the many. I am ready to be sacrificed!

Lastly, we must reiterate the secular śāntimantra from the Vṛhadāraṇyaka Upaniṣad:

ॐ सर्वे भवन्तु सुखिनः

सर्वे सन्तु निरामयाः।

सर्वे भद्राणि पश्यन्तु मा कश्चिद्दुःखभाग्भवेत।

ॐ शान्तिः शान्तिः शान्तिः॥

May all sentient beings be at peace,

May no one suffer from illness,

May all see what is auspicious,

May I not be a cause of others’ suffering.

Om peace, peace, peace.

Listen to the meditative chanting to soothe your nerves below:


Listen to Tagore’s plea for universal peace:


Yours Most Obediently,

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