Tuesday 29 October 2013

EMD on Indian Railways' diesel locomotive factory tender



India a bigger rail engine market than China
Mamuni Das

William P Ainsworth
Using gas rather than diesel-based engines offers customers substantial savings.
Electro-Motive Diesel (EMD), part of the $65-billion capital goods major Caterpillar, is one of the two key American firms competing for a tender to supply diesel locomotives to Indian Railways, the other being GE. William P. Ainsworth, President and CEO of EMD and Progress Rail Services (the Caterpillar-owned subsidiary that acquired EMD in 2010), spoke to Business Line about the key markets for the company’s business and also its attempts to develop gas-based locomotives on the back of high diesel prices.
Edited excerpts:
What is the value of business that EMD gets from India?
The problem is we are not a separate reporting section within Caterpillar and we don’t reveal the business we do with separate customers. In India, we have one customer — Indian Railways — so it would be difficult to share numbers.
Which countries provide you business?
North America is our largest market. After that it is India, Australia and Brazil.
Not China?
We do some business in China, but it is not a large market for us. Several years ago, in 2005, we had a large order to provide 300 locomotives to China…But India is a consistent market for us.
Did this China order incorporate a transfer of technology component (as the Chinese tend to always do)?
It had some. Some technology we transferred, some we didn’t.
Was the transfer of technology agreement with China based on the number of locomotives or the number of years?
Good question, but I don’t know the answer to that question. They (EMD) did that part before we (Progress Rail) acquired them.
What is the nature of customers for Progress Rail — primarily state-owned or private owned? Could you give us a break-up?
North America is primarily private. But if you get outside North America, quite a bit is government-owned. Brazil is privatising rail roads, Australia has privatised rail roads. So, I would say it is more private than government. In India, it is government-owned, and so is the case in some other jurisdictions. But it would be difficult to give specific numbers.
You have the railway systems of so many countries as your customers. Which markets are still seeing good growth in orders in the backdrop of the current overall slowdown?
Even though the market is slowing down, worldwide, people are realising that transporting goods and services by rail is the most economical and environment-friendly way to move. Moving freight by rail is two-to-four times more fuel efficient than moving by truck. And when people move by rail they reduce carbon emissions. So, I would say, on a worldwide basis, people are adding more rail infrastructure and a lot of capacity.
Haven’t you seen the incremental capacity addition slowing down in the last five-six years?
Well, it ebbs and flows depending on where you are. Obviously in 2009, everything was depressed. But overall, there is growth in rail movement.
You discussed rail versus road competition. What about intra-rail – the diesel versus electric debate. With diesel prices going up, how will your customers get more value for money?
Caterpillar is our parent company. We are the largest high-horsepower engine manufacturer in the world. At EMD, we have the best engine technology available to our customers. So, for the customers that burn diesel we are making more fuel efficient engines.
But one of the big initiatives we are working on with our customers is in the area of liquefied natural gas (LNG). We have demos at the end of this year in North America. Using gas rather than diesel-based engines offers customers substantial savings on current prices in the US now. Also, we are also discovering more and more gas (globally). We are definitely looking at alternative fuel plans.
Are you referring here to the BNSF project (a railroad where Warren Buffett is an investor)?
I won’t name any customer. We are working with several customers on gas-based technology.
Indian Railways, too, has been talking about biodiesel- and LNG-based locomotives. Are you currently involved in any discussion in these areas?
Biodiesel, yes. We have told Indian Railways that 5 per cent blend is what we would be perfectly fine with. We are also willing to work with the RDSO (Indian Railway’s Research Design and Standards Organisation) on how high we can go with the blend. We are also doing bio-fuel with vegetable oil.
You are already supplying to Brazil, which does a lot of bio-fuel blending. But we have heard that customers who do bio-diesel blending face warranty issues from loco manufacturers…
Bio-diesel is hydroscopic; it absorbs a lot of moisture. So, you have to be careful about how much you blend.
About your business in China. You got the 300 locomotives order in 2005; why hasn’t that moved forward?
Well, we worked with China Northern Locomotive and had a 300loco order that we sold them. They were 6000 HP locomotives. There are other opportunities in China that we are evaluating currently. But we see other markets in rail...(and they are) the ones that we are putting our resources in.
Is it true that one of the firms you supplied to in China is today competing with you in the Indian Railways’ loco tender now?
(With a laugh): You did say that, I did not. All I can say is we are focussing our resources on specific countries that I talked about earlier.
Have you previously executed public private partnership (PPP) contracts of the kind that you are evaluating now in India (the tender floated by the Railways involves setting up a locomotive project at Madhepura in Bihar through a joint venture)?
PPP is a big word. We have done a lot of deals with governments to provide locomotives and sell them maintenance services. We would not comment about the ongoing tender.
Last time, (in 2008-09), the diesel loco tender got cancelled because EMD did not bid for the project, and Indian Railways was left with just one bidder — GE. You are most likely to be short-listed this time. If short-listed, will you bid?
We have to pre-qualify. We have submitted the documents to pre-qualify. And other than that, when the request for qualification is in process, we don’t comment.
But your qualification is almost certain. So, if you qualify, will you bid financially?
Our company policy is to not comment when the process is on.
All I am trying to know is whether you will submit financial bids this time, given the last experience when you pre-qualified but still did not submit a financial bid?
We are not going to comment on that. We are a publicly traded company.
(This article was published on October 25, 2013)
Printable version | Oct 29, 2013 9:27:41 PM | http://www.thehindubusinessline.com/opinion/india-a-bigger-rail-engine-market-than-china/article5272586.ece © The Hindu Business Line




Friday 25 October 2013

Update to Message from General Electric whistleblower in Writ Petition (Civil) 1280/ 2012 – in the matter of Seema Sapra v. General Electric Company and Others in the Delhi High Court

On 11 October 2013, I had sent the email reproduced below. I also reproduce below an exchange of mobile text messages between me and Delhi High Court Additional Solicitor General Rajiv Mehra.

As will be clear, my conversation mentioned in the email dated 11 October 2013, took place between me and ASG Rajiv Mehra in the Delhi High Court parking lot.

We spoke for a long time.

That day (11 October 2013) in the morning I was sitting in the Delhi High Court cafeteria. Mr Manpreet Lamba, an associate from AZB & Partners purporting to represent General Electric in WP Civil 1280/ 2012 was also present. Mr Rajiv Mehra walked through the cafeteria. He did not see me. I heard him call across to Manpreet Lamba, “aaj kya laga diya usne”. Rajiv Mehra was referring to the application filed by me which was listed that day in court seeking recusal by Justice P K Bhasin and by Justice Siddhartha Mridul.

There is clear evidence of corrupt collusion between counsel appearing for the State respondents in this matter (including Mr Rajiv Mehra) and General Electric and Montek Singh Ahluwalia.

That evening after Justice P K Bhasin and Justice Siddhartha Mridul dismissed the application seeking recusal and early hearing, I told several lawyers including Rajiv Mehra that I would now pursue this matter in the Supreme Court of India. (I still intend to do this at the appropriate time).  I also accused Rajiv Mehra of being corrupt in front of several lawyers. I also stated that a lawyer had told me that her client had once mentioned that he had managed to bribe Rajiv Mehra who was appearing for his opponent Bank in a matter before the Debt
Recovery Tribunal.

It was after this conversation, that Rajiv Mehra and I started talking outside in the parking lot after another lawyer attempted to soothe over the acrimonious exchange from earlier.

Rajiv Mehra started the conversation by telling me that he did not intend me any harm and that he was a well-wisher etc.

I started talking about my experience at GE and how I ended up with that job. At one point I stated that I intended to sue GE for compensation. I then noticed Rajiv Mehra withdraw his mobile from his pocket and press a button. I suspect that he was recording our conversation.

I then clearly told him that I was going to record the gist of our conversation on a public email message to GE.

Rajiv Mehra attempted to dissuade me from sending a public email and suggested that I needed to get the message across to GE somehow through an intermediary. I stated that I would not interact with an intermediary and that GE lawyers needed to sit across the table from me.

I told Rajiv Mehra to communicate our entire conversation to anyone that he wanted and stated that in any case, almost every conversation that I had with any lawyer was being reported back to GE’s lawyers and to Mr A S Chandhiok. Rajiv Mehra told me that he would not communicate our entire conversation because he did not want to transmit the message about my “fear”.

For the record, I am not afraid of anything or anyone.

Rajiv Mehra kept asking me if he could convey my message about the financial compensation part and wanted my authorization to do this.  I stated again that he was free to communicate the entire conversation and that I was not authorizing him to do anything on my behalf.

During this conversation, I had also stated that my claiming financial compensation for the severe harm caused to me on account of GE could not be construed as asking for a bribe (and that neither would GE offer me a bribe) but that I intended to file a lawsuit to enforce my
legal right to compensation against GE.

I had also stated that I would not fall into a trap attempting to falsely suggest that I was blackmailing GE.

Towards the end, when I was talking about the four possible scenarios and my attempts to save my life, I told Rajiv Mehra that I would talk to anyone if necessary, including Chandhiok or Montek Ahluwalia.

This is the context for the text messages that were exchanged later.

Rajiv Mehra was clearly recording this conversation and was trying to create a scenario to suggest that my motives were malafide. He was trying to trap me into saying something that could later be used against me.

Incidentally, during this conversation, he admitted that the false affidavits targeting me filed in the matter by the Police, by the Railway Ministry and by GE ought not to have been filed.

He also agreed with me when I suggested that the 2010 tenders were cancelled because once I moved the applications to implead Siemens AG, the government  (Montek Ahluwalia and his associates) and GE realised the ongoing attempted cover-up of the corruption complaints would not be possible once Siemens AG was also present before court. Otherwise, Montek Ahluwalia and the PMO had fully intended to proceed with the impugned tenders.

This evening (22 October 2013), I told Mr Jatan Singh (Standing Counsel for the Union of India in the Delhi High Court) that Rajiv Mehra had been trying to trap me. I told Mr Jatan Singh that I would expose Rajiv Mehra. Mr Jatan Singh  asked me not to do that because in his words “woh toh sharif admi hai”. I told Mr Jatan Singh that Rajiv Mehra was not a “sharif admi” and that he had participated in destroying me. Rajiv Mehra was made ASG by Montek Ahluwalia, the PMO and A S Chandhiok (his mentor) to help subvert this matter and cover up the corruption complaints against GE and Montek Ahluwalia.

I ask Mr Jatan Singh if he has ever asked Rajiv Mehra to stop my ongoing destruction?

Seema Sapra


Text messages exchanged between me and ASG Rajiv Mehra




------ SMS ------

To: +919810014739

Sent: Oct 12, 2013 07:52

Subject: Rajiv,

Rajiv, You must have read my email from last night. I don't however want to talk to Chandhiok. He is the wrong person for me to talk to.
Seema Sapra


------ SMS ------

From: +919810014739

Received: Oct 12, 2013 10:18

Subject: Understood...

Understood...then you would need to suggest someone else



------ SMS ------

To: +919810014739

Sent: Oct 12, 2013 10:42

Subject: Rajiv,

Rajiv, I have sent my message to GE publicly on email. Now they can contact me directly if they want. Pls see my email sent last evening at 21.31 pm. Seema Sapra



------ SMS ------

To: +919810014739

Sent: Oct 12, 2013 20:11

Subject: All,

All, Tonight I have again parked my car in rabindra ngr.  I will be sleeping in it. Delhi High Court orders in WP Civil 1280/ 2012 direct the police to protect my life and property. The Delhi Police has failed to provide me with any security/ protection. CP Bassi, kindly comply with the courts directions and provide me with Z+ security. There is an enhanced  threat to my life at this time from General Electric, Montek Ahluwalia and A S Chandhiok because of my
whistleblower complaints in WP Civil 1280/ 2012.  My car is parked close to the gate of D 47, the residence of  Spl CP Dharmendra Kumar. I repeat that delhi police officers are colluding in targeting me. I am being harassed every night in rabindra ngr with police participation. Seema Sapra



------ SMS ------

To: +919810014739

Sent: Oct 12, 2013 20:44

Subject: After I sent my message,

After I sent my message, a vehicle/ person went by and some pesticide was sprayed near my car. It made me cough. Seema Sapra



------ SMS ------

From: +919810014739

Received: Oct 12, 2013 21:36

Subject: Which sort of idiot would do...

Which sort of idiot would do somthing like that



------ SMS ------

From: +919810014739

Received: Oct 12, 2013 21:40

Subject: I have read your message this...

I have read your message this morning and last nite..let's hope some positive response comes in....



------ SMS ------

To: +919810014739

Sent: Oct 13, 2013 10:57

Subject: Rajiv,

Rajiv, I am not expecting a response. I sent the email because of our conversation. You people (GE, Montek etc)  want to and intend to destroy me to cover up my complaints. Seema Sapra



------ SMS ------

From: +919810014739

Received: Oct 13, 2013 11:06

Subject: Please avoid "you" if referring to...

Please avoid "you" if referring to me ..I had nor have nor will ever have any such intentions



------ SMS ------

To: +919810014739

Sent: Oct 13, 2013 11:10

Subject: Rajiv - Let's leave it - You have...

Rajiv - Let's leave it - You have been part of this team attacking me and you have done nothing to stop it.



-----Original Message-----
From: Seema Sapra [mailto:seema.sapra@googlemail.com]
Sent: 11 October 2013 21:31
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Keating; jtabacco@bermandevalerio.com; bhart@lowey.com; rharwood@hfesq.com; Joseph Guglielmo; drscott@scott-scott.com; ombudsperson@corporate.ge.com; Directors@corporate.ge.com; Siemens Ombudsman COM; Sunder.Venkat@aero.bombardier.com; compliance.office@bombardier.com; nilesh.pattanayak@aero.bombardier.com; pierre.beaudoin@bombardier.com; djohnson@mccarthy.ca; douglas.oberhelman@caterpilllar.com; william.ainsworth@caterpillar.com; CATshareservices@cat.com; BusinessPractices@cat.com; patrick.kron@alstom.com; keith.carr@alstom.com; Jean-David.barnea@usdoj.gov; reed.brodsky@usdoj.gov; andrew.michaelson@usdoj.gov; ellen.davis@usdoj.gov; eric.glover@usdoj.gov; paul.murphy@usdoj.gov; sandra.glover@usdoj.gov; robert.spector@usdoj.gov; christopher.connolly@usdoj.gov; joseph.cordaro@usdoj.gov; david.jones6@usdoj.gov; daniel.filor@usdoj.gov; amy.barcelo@usdoj.gov; christopher.harwood@usdoj.gov; michael.byars@usdoj.gov; benjamin.torrance@usdoj.gov; sarah.normand@usdoj.gov; elizabeth.shapiro@usdoj.gov; alicia.simmons@usdoj.gov; joyce.vance@usdoj.gov; kenyen.brown@usdoj.gov; karen.loeffler@usdoj.gov; andre.birotte@usdoj.gov; melinda.haag@usdoj.gov; laura.duffy@usdoj.gov; john.walsh@usdoj.gov; david.weiss@usdoj.gov; ronald.machen@usdoj.gov; robert.o'neill@usdoj.gov; pamela.marsh@usdoj.gov; wifredo.ferrer@usdoj.gov; michael.moore@usdoj.gov; sally yates; edward.tarver@usdoj.gov; alicia.limtiaco@usdoj.gov; florence.nakakuni@usdoj.gov; wendy.olson@usdoj.gov; james.lewis@usdoj.gov; patrick.fitzgerald@usdoj.gov; stephen.wigginton@usdoj.gov; david.capp@usdoj.gov; joseph.hogsett@usdoj.gov; stephanie.rose@usdoj.gov; nick.klinefeldt@usdoj.gov; kerry.harvey@usdoj.gov; david.hale@usdoj.gov; stephanie.finley@usdoj.gov; rod.rosenstein@usdoj.gov; carmen.ortiz@usdoj.gov; barbara.mcquade@usdoj.gov; b.todd.jones@usdoj.gov; william.martin@usdoj.gov; richard.callahan@usdoj.gov; beth.phillips@usdoj.gov; michael.cotter@usdoj.gov; deborah.gilg@usdoj.gov; daniel.bogden@usdoj.gov; john.kacavas@usdoj.gov; paul.fishman@usdoj.gov; kenneth.gonzales@usdoj.gov; loretta.lynch@usdoj.gov; richard.hartunian@usdoj.gov; william.hochul@usdoj.gov; john.stone@usdoj.gov; anne.tompkins@usdoj.gov; tim.purdon@usdoj.gov; steve.dettelbach@usdoj.gov; carter.stewart@usdoj.gov; sandy.coats@usdoj.gov; zane.memeger@usdoj.gov; peter.smith@usdoj.gov; david.hickton@usdoj.gov; peter.neronha@usdoj.gov; bill.nettles@usdoj.gov; william.killian@usdoj.gov; jerry.martin@usdoj.gov; edward.stanton@usdoj.gov; jose.moreno@usdoj.gov; carlie.christensen@usdoj.gov; tristram.coffin@usdoj.gov; ronald.sharpe@usdoj.gov; neil.macbride@usdoj.gov; timothy.heaphy@usdoj.gov; bill.ihlenfeld@usdoj.gov; booth.goodwin@usdoj.gov; james.santelle@usdoj.gov; john.vaudreuil@usdoj.gov; christopher.crofts@usdoj.gov; bprao@bhel.in; opb@bhel.in; akhatua@bhel.in; csverma@bhel.in; vpandhi@bhel.in; Atul Saraya; ajay.sinha@emdiesels.com; singhadvocate@hotmail.com; najmiwaziri@hotmail.com; Rajeeve Mehra; mehralaw@yahoo.co.in; lajita.rajesh@alstom.com; francois.carpentier@alstom.com; armin.bruck@siemens.com; sunil.mathur@siemens.com; benoit.martel@bombardier.com; luis.ramos@bombardier.com; harsh.dhingra@bombardier.com; glen.lehman@caterpillar.com; john.newman@caterpillar.com; peter.solmssen@siemens.com; roland.busch@siemens.com; michael.suess@siemens.com; klaus.helmrich@siemens.com; daniel.desjardins@bombardier.com; james.buda@caterpillar.com; adam.smith@emdiesels.com; glen.lehman@progressrail.com; duane.cantrell@progressrail.com; craig.johnson@caterpillar.com; alert.procedure@alstom.com; harjeetsinghsachdeva@gmail.com; Zia Mody (zia.mody@azbpartners.com); Warin, F. 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Cc: Seema Sapra; Seema Sapra
Subject: Message from General Electric whistleblower in Writ Petition (Civil) 1280/ 2012 – in the matter of Seema Sapra v. General Electric Company and Others in the Delhi High Court

All,



Justice P K Bhasin and Justice Siddhartha Mridul have dismissed the attached application (seeking their recusal) today terming it frivolous and vexatious. This application is neither frivolous nor vexatious and on the contrary made out a clear case for recusal by these judges.

Nevertheless I was expecting such an adverse order particularly as Justice P K Bhasin had attempted to sabotage this petition in May 2012.

Today, I asked the Bench that I be provided a dasti copy of the order under signature of the court master to enable me to appeal against the order to the Supreme Court of India. The High Court is shut from October 12 until 19 October. Shockingly Justice P K Bhasin and Justice
Siddhartha Mridul refused to direct this saying that I should wait until the vacations get over. I point out that the Supreme Court opens from 17 October 2013 so Justice P K Bhasin and Justice Siddhartha Mridul have maliciously denied me the ability to lodge an appeal in the Supreme Court on 17 October 2013. This is a perverse denial of my legal rights by these judges and again establishes that I am being targeted by these judges.

After the matter, Mr Manish Lamba from AZB & Partners was smiling.

I have told several lawyers in the Delhi High Court including Mr Manish Lamba and Mr Deepak Adlakha and the ASG Mr Rajiv Mehra that I will be filing a writ petition in the Supreme Court on 17 October 2013. Thereafter I will also file appeals in the Supreme Court and a transfer petition seeking transfer of this matter to the Supreme Court of India, as the history of this petition establishes that the Delhi High Court is not able to hear this corruption matter against a powerful entity like General Electric Company.

I also want to publicise a conversation that I had with someone today this evening who I will not name.

The essence of this conversation was that it is my legal position that General Electric will have to compensate me for the harm that has been caused to me as a result of this matter. I intend to file a civil suit for damages against General Electric where I will also seek a public apology. General Electric will also have to rehabiliate me.

I see four scenarios as far as the outcome of this matter is concerned.

A court hears this writ petition in accordance with law and passes orders to protect me.
General Electric and Montek Singh Ahluwalia have me eliminated in one of several ways and then use the police, the court, and other third parties to cover up this crime and explain away my murder/ elimination as suicide, memtal illness, physical illness, etc as has been and is being attempted. The corruption complaints are then covered up in my absence.
This present situation keeps dragging on while I continue to fight for my life to the best of my ability and with my limited resources.
General Electric provides me with an exit by sparing my life and then deals with its legal problems on its own.

As far as I am concerned I do not control the outcome of this matter. The ball and the steering wheel are in the court of the powerful interests opposing me.

I would like an exit so that I can get my life back and live the rest of my life in peace. I also want to be monetarily compensated for the harm that has been caused to me. I want an apology and I want to be rehabilitated.

My expressing my preference for an exit and my claim to monetary compensation should not be viewed or described as blackmail or as wanting a bribe.

I only want my life back and I want these powerful interests to stop trying to eliminate me.

I don’t do blackmail and have put all material against General Electric in the public domain.

However, if my life is spared I do not intend to pursue anyone.

I also state that I do not trust anyone and no one can speak on my behalf.

If General Electric wants to talk to me it should approach me for settlement talks.  I have a right to monetary compensation and to an apology.

Also, I am not weak and will not give up fighting as long as I am under attack. I am strong enough to handle mind games and physical and mental torture. I will also not accept living life on the margins of society. I want my life back. I will continue to fight this to the end until my life is spared.

I am not afraid of death and if General Electric or Montek Singh Ahluwalia want to eliminate me then there is nothing stopping them from doing this any time.

But I will never give up and will continue to fight for my life.

This writ petition and public knowledge of my situation are the only things that prevent my powerful enemies from eliminating me.

I will also not step into a trap.

Also, I put no credence in empty words any longer. I will see how I am actually treated.

Meanwhile the battle from my side is on. I will be focusing on fighting for my rights in the Supreme Court of India.

Seema Sapra



Complaint regarding fraud in Railway Board affidavit from General Electric whistleblower in Writ Petition (Civil) 1280/ 2012 – in the matter of Seema Sapra v. General Electric Company and Others in the Delhi High Court

I produce below 4 documents that establish the fraud being committed on the Delhi High Court by the Railway Ministry in the captioned matter as part of the collusion between Government counsel, General Electric and Montek Ahluwalia.

All four documents were filed on record in WP Civil 1280/ 2012 and are annexed to an affidavit dated 14 January 2013 filed on behalf of the Railway Ministry (placed in volume 13 of the court record).


The first is a letter allegedly written by G K Gupta from the Railway Board to the Chairman of RITES Ltd on 27 December 2012. This letter does not disclose the exact nature of the complaint in the writ petition regarding Vinod Sharma. A copy of the writ petition is not supplied to RITES and instead RITES is misled that "The contents of Writ Petition are posted on website of Delhi High Court".

This letter is not on the usual letterhead of the railway board (see the specimen letterhead attached). This document appears to have been fabricated and may not exist in the Railway Board files.

RITES then sends a reply citing irrelevant documents and misrepresenting the facts concerning Vinod Sharma's role in the Marhowra locomotive factory project.

The RITES letter is then used to file a false affidavit in court to mislead the court on this issue.

This fraudulent strategy was devised by Mr A S Chandhiok, Mr Rajiv Mehra, Mr P K Sharma (CBI counsel), all government counsel acting in collusion with the counsel purporting to represent GE without proper authority documents.





Thursday 24 October 2013

Latest developments concerning corrupt Marhowra locomotive factory project tailor-made for General Electric

Rlys won’t relax criteria for Chinese cos in loco projects
Rajat Arora Posted online: Thursday, Oct 24, 2013 at 0000 hrs
Financial ExpressNew DelhiChina might be rolling out the red carpet for Prime Minister Manmohan Singh in Beijing, but India seems to be in no mood to return the favour. The railways has disqualified Chinese companies in the fray for contracts of locomotive factories, refusing to relax the eligibility criteria for the Rs 3,500-crore project.
Two Chinese companies, CSR Corporation and CNR Corp, had applied for the Madhepura electric loco project (Rs 1,300 crore) and Marhowra diesel locomotive project (Rs 1,200 crore) of Indian Railways, which are to be come up through public-private partnership.
“The Chinese companies had written to us seeking relaxation in conditions of RFQ as they did not have requisite qualification for the project, but we have told them there won't be no relaxations as these conditions have Cabinet approval,” Railway Board chairman Arunendra Kumar said.
CSR Corp had asked Railway Board to relax the condition of experience of operations in three countries as it had experience of supplying locomotives to just two. “We would have considered their request if there was no response, but several multinational giants have applied for the project,” Kumar said.
During the current visit of the Indian PM to China, the two countries signed nine agreements, including on strengthening cooperation on trans-border rivers and in road sector. China has shown eagerness to invest in India's railway sector and is keen on fueling its high-speed railway network dream. However, the Railway Board has refused to extend the olive branch to Chinese companies that want to invest in the loco factory projects.
CSR, in a letter to the railway board, had complained about "unnecessary conditions" in the RFQ. “It is unfair on us to be prevented to participate in the project from the RFQ stage,” it said. The letter had criticised the railway board's condition that a company applying for the project should have worked in at least three countries in similar line of operations.
But the railway board had denied any bias, saying the condition was included to get the best of technology into India.




Printed from
Railways denies Chinese firms’ locomotive manufacturing projects for non-compliance
Mahendra Singh, TNN | Oct 24, 2013, 03.35 AM IST
NEW DELHI: Citing stringent norms, Indian Railways has rejected Chinese firms’ plea to relax the rules for the Rs 2,500 crore locomotive manufacturing plants in Bihar.

Two Chinese companies — CSR Corporation and CNR Corporation — had submitted bid for the Rs 1,300 crore electric locomotive project at Madhepura and Rs 1,200 crore diesel locomotive plant at Marhowra diesel locomotive project that are to be set up on public private partnership (PPP) model.

The firms, which were eyeing contracts valued at about Rs 35,000 crore over 10-11 years, had urged the Railway Board to relax the norms that stipulated the companies to have experience of operating in at least three countries. However, the Chinese companies have supplied locomotives to only two countries.

“We have told them (Chinese companies) that there would be no relaxation as the Cabinet has approved these conditions of the request for quotation (RFQ) in 2010,” Railway Board chairman Arunendra Kumar said.

He added, “Their request would have been considered if there was poor response, but several multinational companies have also shown interest. The response has been fairly good.”

The rejection comes at a time when Chinese companies created a flutter by bidding for a share of the Railways’ locomotive market, which is traditionally dominated by big-ticket American and European players. There was keen interest whether Chinese firms can make the technical grade to submit financial bids for the projects as that could have set the stage for more competitive bids.

Apart from the Chinese firms, the bidders for the proposed electric loco factory include US firm GE Global and European companies like Bombardier, Siemens and Alstom. Similarly, for the diesel loco factory, bidders include American firms GE and EMD.

CSR, in a letter to the Railway Board, had said unnecessary conditions in RFQ were restricting the project from being uncompetitive.

“It is unfair for us to be prevented to participate in the project from the RFQ stage,” it says. The letter criticized the condition that a company applying for the project should have worked in at least three countries in similar line of operations.

However, Railway Board denied any bias, saying the condition was included to avail of the best of global technology. 
 

Copyright © 2013 Bennett, Coleman & Co. Ltd. All rights reserved. For reprint rights: Times Syndication Service



Chinese firms join race to supply locos to Railways
Mamuni Das

Bid for two tenders worth Rs 35,000 crore over 11-year period
New Delhi, Oct. 6:  
Two Chinese firms — CSR Corporation and CNR Corporation — have created a flutter by bidding for a share of the Indian Railways’ locomotive market.
Both these have bid for setting up two locomotive factories — electric and diesel — in India to supply about 1,800 locomotives to the Railways over 11 years. These two tenders are valued at about Rs 35,000 crore over a 10-11-year period, according to industry estimates.
Now, all eyes are on whether the Chinese firms qualify technically to submit financial bids for the project, as that may set the stage for a more competitive price bids, say sector experts.
Traditionally, American and European firms have been key suppliers of high-tech products in locomotives for the Indian Railways. For the proposed electric locomotive factory to be set up at Madhepura, Bihar, apart from the two Chinese firms, bidders include American firm GE Global, and European firms Bombardier, Siemens and Alstom. Similarly, for the diesel locomotive factory in Marhowra, Bihar, bidders include American firms GE, EMD, apart from CSR and CNR.
Indian Railways is one of the largest markets globally. For EMD, India is one of the top markets after North America, William P Ainsworth, President and CEO, Electro-Motive Diesel and Progress Rail Services, told Business Line.
“Traditionally, European firms have been key suppliers in electric-traction-based rail technology while American firms have had strength in diesel-traction.
“They developed such strength based on the geographical requirement. Europe has a high-speed passenger network, which runs on electric traction. The US, Canada have large rail freight networks, used for heavy cargo movement that use diesel,” said Niraj Kumar, former Director-General, Indian Railways.
That said, the Chinese firms have also become large players by virtue of a large domestic market in China and are looking for business in other markets. “The rail equipment localisation plan of Chinese Railways was linked to the number of locomotives bought from the Western loco suppliers,” said Kumar.
“CNR has 28 per cent share in electric locomotive and 13 per cent in diesel locomotive globally, according to data of German consulting firm SCI. We have supplied diesel locomotives to countries such as New Zealand, Malaysia, Nigeria, Tanzania, Angola and Cuba,” Yang Xiongjing, Division Chief-Comprehensive Department, CNR Import and Export Corporation, told Business Line.
Now, for the two loco factory tenders, even though the Railways has not yet short-listed the firms, experts agree that the Chinese participation will lead to strong pricing pressure.
“There will surely be greater pricing competition if the Chinese firms were to participate. Though the company that wins the project will have to operate in India with Indian workers, the back-office costs of Chinese firms are bound to be lower,” said Kumar.
mamuni.das@thehindu.co.in
(This article was published on October 6, 2013)



logoimg
iconimg Thursday, October 24, 2013 
Srinand Jha, Hindustan Times
New Delhi, September 26, 2013
First Published: 23:30 IST(26/9/2013)
Last Updated: 23:32 IST(26/9/2013) Print

Changed criteria for Madhepura loco unit

Days before the list of short-listed firms for building the Rs. 1,293 crore electric locomotive factory at Madhepura in Bihar will be made public, representations alleging that the qualifying criteria in the project Request for Qualification (RFQ) were altered to block new entrants and to promote cartelisation have been received by railways minister Mallikarjun Kharge. 
Big players including Bombardier, Siemens, Alstom and General Electric (GE) have pitched in with bids for the PPP project, besides the CSR Corporation and the CNR Corporation of China.
The two Chinese firms are likely to be eliminated in the short-listing process, as they do not fulfill the criteria of having exported Insular Gate Bipolar Transistor (IGBT) locomotives to three countries in the last five years.
“This clause is unnecessary and unfair”, a CSR Corporation representative said.
In his June 20 letter to the railways minister, Lok Sabha MP Om Prakash Yadav alleged that “the RFQ clauses would restrict participation in favour of certain companies and by-passing the process of fair competition. This will cause a loss of thousands of crores to the exchequer of our poor nation”.
Sources said that “Kharge was considering these complaints.” 
http://www.hindustantimes.com/StoryPage/Print/1127650.aspx
© Copyright © 2013 HT Media Limited. All Rights Reserved.


Saturday 19 October 2013

Deepak Nayyar in an Outlook interview

"Shifting tracks, what is your view on Raghuram Rajan’s statement on recasting norms for allowing international banks to buy Indian ones?
My view is clear. I am opposed to it. I would wish to exercise strategic control in the banking sector as it has a critical strategic importance in countries that are latecomers to industrialization. Evidence available for the past ten years, which reveals a significant decline in the share of manufacturing in GDP and in employment, suggests that there is a danger of de-industrialization in India. I would argue that the time has come for India to think of strategic industrial, trade and technology policies. There is no country that has industrialized without strategic forms of intervention. The fetishism about liberalization is overdone. It is a means of increasing the degree of competition in the economy. But its pace and sequence must be calibrated. We cannot lose sight of the ends. Industrialization is an imperative because that is our potential comparative advantage." 

Thursday 17 October 2013

Forged Power of Attorney for General Electric Company with apparently forged signatures of Alexander Dimitrief filed in Delhi High Court in WP Civil 1280/ 2012

I attach below signatures from two documents. The first is from a letter dated 3 Feb 2011 sent to me by General Electric and signed by Alexander Dimitrief.

The second is from an alleged power of attorney dated 4 May 2012 allegedly signed by Alexander Dimitrief. This is in volume 10 of the court file in WP Civil 1280/ 2012 in the Delhi High Court.

The signatures of Alexander Dimitrief in the two attached documents do not match. The signature of Alexander Dimitrief on the Power of Attorney dated 4 May 2012 is forged. This forged document has been filed by Mr Nanju Ganpathy/ AZB & Partners in the Delhi High Court in W P Civil 1280/ 2012.


Tuesday 15 October 2013

In August 2011, doctors at Max Saket hospital attempted to falsely diagnose Seema Sapra, General Electric whistle-blower with thyroid cancer

See below a report dated 19 August 2011 on a neck ultrasound procedure ostensibly advised to examine a swollen lymph node but misused to attempt a false diagnosis of thyroid cancer. Below that is another report dated 20 February 2012 for an ultrasound procedure that I underwent at Fortis hospital using an assumed name to establish that the earlier report was falsified. My right thyroid lobe in the second report is smaller in size than the alleged solitary nodule in the first report.

Incidentally I had gone to Max Saket hospital with a complaint of poisoning which was covered up.

The radiologist at Max Saket hospital also attempted to irradiate my neck as part of a chest Xray. The hospital was trying to cause thyroid cancer by irradiating my neck. I have made complaints to the Medical Council of India and to the Medical Council of Delhi in this regard. This conspiracy and attempt to murder me is part of CM 5008/ 2013 lying unheard by the Delhi High Court in WP Civil 1280/ 2012 since 26 April 2013.



Friday 11 October 2013

Message from General Electric whistleblower in Writ Petition (Civil) 1280/ 2012 – in the matter of Seema Sapra v. General Electric Company and Others in the Delhi High Court

-----Original Message-----
From: Seema Sapra [mailto:seema.sapra@googlemail.com]
Sent: 11 October 2013 21:31
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Cc: Seema Sapra; Seema Sapra
Subject: Message from General Electric whistleblower in Writ Petition (Civil) 1280/ 2012 – in the matter of Seema Sapra v. General Electric Company and Others in the Delhi High Court

All,



Justice P K Bhasin and Justice Siddhartha Mridul have dismissed the attached application (seeking their recusal) today terming it frivolous and vexatious. This application is neither frivolous nor vexatious and on the contrary made out a clear case for recusal by these judges.

Nevertheless I was expecting such an adverse order particularly as Justice P K Bhasin had attempted to sabotage this petition in May 2012.

Today, I asked the Bench that I be provided a dasti copy of the order under signature of the court master to enable me to appeal against the order to the Supreme Court of India. The High Court is shut from October 12 until 19 October. Shockingly Justice P K Bhasin and Justice
Siddhartha Mridul refused to direct this saying that I should wait until the vacations get over. I point out that the Supreme Court opens from 17 October 2013 so Justice P K Bhasin and Justice Siddhartha Mridul have maliciously denied me the ability to lodge an appeal in the Supreme Court on 17 October 2013. This is a perverse denial of my legal rights by these judges and again establishes that I am being targeted by these judges.

After the matter, Mr Manish Lamba from AZB & Partners was smiling.

I have told several lawyers in the Delhi High Court including Mr Manish Lamba and Mr Deepak Adlakha and the ASG Mr Rajiv Mehra that I will be filing a writ petition in the Supreme Court on 17 October 2013. Thereafter I will also file appeals in the Supreme Court and a transfer petition seeking transfer of this matter to the Supreme Court of India, as the history of this petition establishes that the Delhi High Court is not able to hear this corruption matter against a powerful entity like General Electric Company.

I also want to publicise a conversation that I had with someone today this evening who I will not name.

The essence of this conversation was that it is my legal position that General Electric will have to compensate me for the harm that has been caused to me as a result of this matter. I intend to file a civil suit for damages against General Electric where I will also seek a public apology. General Electric will also have to rehabiliate me.

I see four scenarios as far as the outcome of this matter is concerned.

A court hears this writ petition in accordance with law and passes orders to protect me.
General Electric and Montek Singh Ahluwalia have me eliminated in one of several ways and then use the police, the court, and other third parties to cover up this crime and explain away my murder/ elimination as suicide, memtal illness, physical illness, etc as has been and is being attempted. The corruption complaints are then covered up in my absence.
This present situation keeps dragging on while I continue to fight for my life to the best of my ability and with my limited resources.
General Electric provides me with an exit by sparing my life and then deals with its legal problems on its own.

As far as I am concerned I do not control the outcome of this matter. The ball and the steering wheel are in the court of the powerful interests opposing me.

I would like an exit so that I can get my life back and live the rest of my life in peace. I also want to be monetarily compensated for the harm that has been caused to me. I want an apology and I want to be rehabilitated.

My expressing my preference for an exit and my claim to monetary compensation should not be viewed or described as blackmail or as wanting a bribe.

I only want my life back and I want these powerful interests to stop trying to eliminate me.

I don’t do blackmail and have put all material against General Electric in the public domain.

However, if my life is spared I do not intend to pursue anyone.

I also state that I do not trust anyone and no one can speak on my behalf.

If General Electric wants to talk to me it should approach me for settlement talks.  I have a right to monetary compensation and to an apology.

Also, I am not weak and will not give up fighting as long as I am under attack. I am strong enough to handle mind games and physical and mental torture. I will also not accept living life on the margins of society. I want my life back. I will continue to fight this to the end until my life is spared.

I am not afraid of death and if General Electric or Montek Singh Ahluwalia want to eliminate me then there is nothing stopping them from doing this any time.

But I will never give up and will continue to fight for my life.

This writ petition and public knowledge of my situation are the only things that prevent my powerful enemies from eliminating me.

I will also not step into a trap.

Also, I put no credence in empty words any longer. I will see how I am actually treated.

Meanwhile the battle from my side is on. I will be focusing on fighting for my rights in the Supreme Court of India.

Seema Sapra