In the Hon'ble High Court of Delhi at New Delhi
Civil Writ Jurisdiction
Writ Petition No. 1280 of 2012
IN THE MATTER OF:
Seema Sapra …Petitioner
versus
General Electric Company and Others ….Respondents
AFFIDAVIT
1. I, Seema Sapra, daughter of Late Shri A. R. Sapra, aged 43 years, previously resident of G 4, first floor, Jangpura Extension, New Delhi 110014 and rendered homeless on 30 May 2012 (because of and as a result of the whistleblower complaints of corruption, forgery, bribery, fraud and illegal activities made against General Electric, Montek Singh Ahluwalia, Planning Commission, Railway Ministry and Ministry of Finance and as a result of the whistleblower corruption petition (W.P. (C ) 1280/ 2012) and because of my complaints of sexual harassment against Mr Soli J Sorabjee and Mr Raian Karanjawala) in contempt of this Hon'ble Court's order dated May 25, 2012 and presently homeless do hereby solemnly affirm and state as under.
2. I am the Petitioner in the present Petition and am well aware of the facts of the case and am competent to file the present affidavit.
3. This affidavit is being filed to supplement the Petitioner's application dated 21 November 2014 (CM 18969/ 2014) which will be listed before court for hearing for the first time on 1 December 2014. CM 18969/2014 seeks the following relief.
PRAYER It is therefore most respectfully prayed that this Hon'ble Court may be pleased to: (a) Declare that K R Radhakrishnan is not the authorised signatory of General Electric Company (respondent 1); GE India Industrial Private Limited (respondent 6); or GE India Global Sourcing Private Limited (respondent 7); for the purposes of this writ petition and that he cannot represent these respondents in this matter or sign court pleadings and/ or affidavits on behalf of these respondents in this matter; (b) Declare that K R Radhakrishnan has unlawfully impersonated as the authorised signatory of respondents 1 6 and 7 in this matter as part of a criminal conspiracy to defraud this Hon'ble Court with intent to file false and unauthorised affidavits and to cover up the complaints of corruption, fraud, forgery and manipulation of the Railway Madhepura & Marhowra Projects and tenders pending before this court against respondents 1, 6 and 7 and to deny the petitioner/whistleblower/witness her rights for whistleblower protection against respondents 1, 6 and 7; (c) Declare that the three vakalatnamas signed by K Radhakrishnan and filed on December 7, 2012 and refiled on December 11, 2012; and the three vakalatnamas signed by K Radhakrishnan and filed on December 17, 2012; and the vakalatnama allegedly signed by Bradford Berenson on 9 May 2013 and the two vakalatnamas signed by K Radhakrishnan and filed on July 16, 2013 are all invalid, unlawful and defective; (d) Declare that the alleged Power of Attorney executed by Alexander Dimitrief on 4 May 2012 purportedly on behalf of General Electric Company and filed in this court under which K Radhakrishnan claimed to be authorised signatory for General Electric Company (respondent 1) is unlawful, fraudulent and violates the Board Resolution of General Electric Company numbered 10855 adopted by the Board of Directors of General Electric Company in its Board of Directors Meeting on 6 November 2009; (e) Declare that the alleged Power of Attorney executed by Bradford Berenson on 29 April 2013 purportedly on behalf of General Electric Company and filed in this court under which K Radhakrishnan claimed to be authorised signatory for General Electric Company (respondent 1) is unlawful, fraudulent and violates the Board Resolution of General Electric Company numbered 10855 adopted by the Board of Directors of General Electric Company in its Board of Directors Meeting on 6 November 2009; (f) Declare that the alleged copies of the Board Resolutions of respondents 6 and 7 (GE India Industrial Private Limited and GE Global Sourcing India Private Limited) dated 7 May 2012 and dated 17 December 2012 filed in this writ petition and under which K Radhakrishnan claims to be authorised signatory for respondents 6 and 7 are fraudulent, forged, invalid and fabricated documents and these documents do not constitute K R Radhakrishnan as the authorised signatory and representative of respondents 6 and 7 for this writ petition; (g) Declare that Mr Nanju Ganpathy/ AZB & Partners cannot appear in Civil Writ Petition 1280 of 2012 on behalf of respondents 1, 6 and 7 as the vakalatnamas filed by them on December 7, 2012 and refiled on December 11, 2012 and the vakalatnamas filed by them on December 17, 2012 and the vakalatnamas filed by them on 16 July 2013 are all defective and invalid and declare that Mr Nanju Ganpathy/ AZB & Partners have no authority to represent respondents 1, 6 and 7 in these proceedings; (h) Immediately prohibit appearance by Mr Nanju Ganpathy and AZB & Partners on behalf of respondents 1, 6 and 7 in Civil Writ Petition 1280 of 2012 on the ground that vakalatnamas and authority documents placed on record by AZB on behalf of respondents 1, 6 and 7 are defective and invalid; (i) Issue notice of criminal contempt of court to Mr Jeffrey Immelt (GE), Mr Brackett Denniston (GE), Mr Alexander Dimitrief (GE), Mr Bradford Berenson (GE), Mr Jeffrey Eglash (GE), Mr F. Joseph Warin (Gibson Dunn), Mr John Chesley (Gibson Dunn), Ms Zia Mody (AZB), Mr Nanju Ganpathy (AZB), Mr Manpreet Lamba (AZB), Mr Kartik Yadav (previously appearing for AZB), Mr Deepak Adlakha (ex GE-India), Mr Abhishek Tiwari (AZB), Ms Tejal Singh (GE India) and Mr K R Radhakrishnan (GE India) for committing a fraud on this court by using K R Radhakrishnan to impersonate as the authorised signatory for respondents 1, 6 and 7 and using him to file false and unauthorised affidavits, applications, pleadings, and vakalatnamas for respondents 1, 6, and 7 with criminal intent to commit a fraud on this Hon'ble Court, on the Government of India, on General Electric Company and on the Petitioner to facilitate a cover up of the complaints of corruption, forgery, fraud, tender manipulation, and illegal lobbying against respondents 1, 6 and 7 in connivance with the Railway Ministry (respondent 4); (j) Issue notice of criminal contempt of court to Mr Jeffrey Immelt (GE), Mr Brackett Denniston (GE), Mr Alexander Dimitrief (GE), Mr Bradford Berenson (GE), Mr Jeffrey Eglash (GE), Mr F. Joseph Warin (Gibson Dunn), Mr John Chesley (Gibson Dunn), Ms Zia Mody (AZB), Mr Nanju Ganpathy (AZB), Mr Manpreet Lamba (AZB), Mr Kartik Yadav (previously appearing for AZB), Mr Deepak Adlakha (ex GE-India), Mr Abhishek Tiwari (AZB), Ms Tejal Singh (GE India) and Mr K R Radhakrishnan (GE India) for aiding and abetting perjury by enabling the filing of false and unauthorised affidavits by Mr K R Radhakrishnan in Civil Writ Petition 1280 of 2012 with intent to subvert and sabotage the present writ petition; (k) Issue notice of criminal contempt of court to General Electric Company (respondent 1); GE India Industrial Private Limited (respondent 6); and GE Global Sourcing India Private Limited (respondent 7) for failing to appear before this Hon'ble Court despite issue and service of notice and summons dated 7 March 2012; (l) Direct the criminal prosecution of K R Radhakrishnan for criminal impersonation, fraud, cheating, forgery, and perjury in respect of the complaints set out in the present application; (m) Issue direct notice on the writ petition once again to respondents 1, 6 and 7 by dasti email and directing these respondents to appear in this matter through properly authorised counsel/advocates and to file their response to the pleadings through a duly authorised signatory duly empowered to sign court pleadings on behalf of these respondents; (n) Direct the court registry to return the defective vakalatnamas filed on December 7, 2012 and refiled on December 11, 2012 and to also return the defective vakalatnamas filed on December 17, 2012 and July 16, 2013 by Nanju Ganpathy/ AZB & Partners in compliance with the Supreme Court's decision in Uday Shankar Triyar v. Ram Kalewar Prasad Singh [(2006) 1 SCC 75]; (o) Clarify that notice on the writ petition to respondents 8, 9, 10 and 11 as issued by this court on November 19, 2012, can be served dasti by email and courier only and not by all permissible modes of service; (p) Direct AZB & Partners, Nanju Ganapathy, and K R Radhakrishnan to produce the original records of the minutes of the board meetings/ resolutions of respondents 6 and 7 for the board resolutions dated 7 May 2012 and 17 December 2012, allegedly issued by respondents 5 and 6; (q) Pass such other and further orders as this Hon'ble Court may deem fit and proper. |
4. I further point out that the unlawful and invalid Power of Attorney allegedly executed by Mr Alexander Dimitrief under which K Radhakrishnan first purported to unlawfully hold himself out as the authorised signatory of General Electric Company (respondent 1) in this matter expired by efflux of time on 4 May 2013. Therefore any alleged vakalatnama signed under the alleged authorization of this POA dated 4 May 2012 also expired on 4 May 2013.
5. The second alleged authority document relied upon by the impersonator K Radhakrishnan is an alleged Power of Attorney dated 29 April 2013 allegedly executed by Mr Bradford Berenson. This unlawful and invalid POA was filed in this matter by AZB on 16 July 2013. This alleged POA dated 29 April 2013 also expired by efflux of time on 29 April 2014. Therefore any alleged vakalatnama signed under the alleged authorization of this POA dated 29April 2013 also expired on 29 April 2014.
6. There is therefore no valid and existing authority document on record or otherwise which appoints K Radhakrishnan as the authorised signatory of General Electric Company for the purpose of this writ petition (where court notice and summons were issued to General Electric Company as respondent 1) or for any other purpose in connection with the Petitioner (Seema Sapra).
7. There is also no valid and existing authority document on record or otherwise which appoints K Radhakrishnan as the authorised signatory of GE India Industrial Private Limited or GE Global Sourcing India Private Limited for the purpose of this writ petition (where court notice and summons were issued to GE India Industrial Private Limited and to GE Global Sourcing India Private Limited as respondents 6 and 7 respectively) or for any other purpose in connection with the Petitioner (Seema Sapra).
8. The unlawful, invalid, forged and fabricated authority documents and vakalatnamas mentioned in and annexed to CM 18969/ 2014 have been used by K Radhakrishnan to unlawfully impersonate as the authorised signatory of General Electric Company, GE India Industrial Private Limited, and GE Global Sourcing India Private Limited in this matter where K Radhakrishnan has filed several false and unauthorised affidavits and applications targeting and retaliating against the Petitioner-whistleblower-witness, which fraudulent pleadings are being used in an attempt to cover up the petitioner's complaints and evidence against General Electric Company and its two Indian subsidiaries of corruption, fraud, bribery, FCPA violations, illegal lobbying, tender manipulation and to cover up and facilitate the conspiracy and multiple attempts to eliminate and destroy the petitioner.
9. As a publicly traded company in the United States, General Electric Company is obligated to disclose material litigation against it like the present writ to t petition in filings and disclosures (specifically in Form 10-K under the title "Legal Proceedings" to the United States Securities and Exchange Commission. Another motive to use K Radhakrishnan to illegally impersonate General Electric Company in these proceedings, is that senior legal in-house counsel of General Electric Company have violated SEC rules requiring that this writ petition pending against General Electric Company since February 2012 be disclosed in its SEC filings. This writ petition has not been reported by General Electric Company in its filings/ disclosures to the SEC and this violates United States law and SEC rules.
10. The unlawful, invalid, forged and fabricated authority documents and vakalatnamas mentioned in CM 18969/ 2014 have also been used by K Radhakrishnan to unlawfully impersonate as the authorised signatory of General Electric Company and GE India Industrial Private Limited and to initiate illegal and unauthorised proceedings against the petitioner in other fora with intent to silence the petitioner-whistleblower and to retaliate against her. These proceedings include OMP 647/ 2012 pending in the Delhi High Court since July 2012; an arbitration complaint made before alleged sole arbitrator Mr Deepak Verma (a former judge of the Supreme Court of India); and a complaint against the Petitioner made to the Bar Council of Delhi (apparently numbered as Complaint 09/2013) all filed through impersonator K Radhakrishnan using false, invalid, forged and fabricated authority documents that were first filed in this writ petition and which have been exposed as fraudulent by the Petitioner in several applications (all pending and still awaiting hearing) in this writ petition, the most recent being CM 18969/ 2014 filed on 21 November 2014 and which will be listed for hearing for the first time before this Court on 1 December 2014.
11. Despite this issue having been repeatedly raised by the Petitioner in applications and during court hearings, Nanju Ganpathy and Manpreet Lamba from AZB & Partners have continued to appear in this matter all through 2012, 2013 and now 2014 falsely claiming to represent General Electric Company, GE India Industrial Private Limited, and GE Global Sourcing India Private Limited (respondents 1, 6 and 7 respectively).
12. It is time that this Hon'ble Court takes up and decides CM 18969/ 2014 and puts an end to this charade being played by K Radhakrishnan and by Nanju Ganpathy and Manpreet Lamba of AZB & Partners that they represent respondents 1, 6 and 7.
13. This is a fraud being committed not only on the Petitioner which endangers her life and facilitates her ongoing targeting and poisoning, but it is also a serious fraud against this Court, against the Government of India, and against the three respondents (1, 6, and 7) themselves who being corporate juristic entities are incapable of the offence of fraud and this fraud therefore amounts to a fraud against General Electric Company, GE India Global Sourcing Private Limited and GE Global Sourcing Private Limited which is being aided, abetted and facilitated by General Electric's executives and lawyers who are desperately trying to cover up the complaints of corruption, fraud, forgery, bribery, FCPA violations, tender manipulation and illegal lobbying in which they are complicit with intent to avoid employment consequences and criminal investigation and prosecution by both Indian and United States' authorities.
DEPONENT
VERIFICATION
Verified at New Delhi on this th day of November 2014 that the contents of the above affidavit are true and correct to my knowledge and that nothing material has been concealed therefrom.
DEPONENT
In the Hon'ble High Court of Delhi at New Delhi
Civil Writ Jurisdiction
Writ Petition No. 1280 of 2012
IN THE MATTER OF:
Seema Sapra …Petitioner
versus
General Electric Company and Others ….Respondents
INDEX
No. | Particulars | Page |
1 | Affidavit of Petitioner supplementing Petitioner's application dated 21 November 2014 (CM 18969/ 2014) on the issue of illegal impersonation by K Radhakrishnan of respondents 1, 6 and 7 (General Electric Company, GE India Industrial Private Limited and GE Global Sourcing India Private Limited respectively) before this court using unlawful, invalid, forged and fabricated authority documents | 1-7 |
Place: New Delhi Petitioner in Person
November 2014 Seema Sapra
Rendered homeless since May 30, 2012 as a result of corruption complaints against General Electric and as a result of this whistleblower corruption petition (W.P. (C) 1280/ 2012) and presently homeless
9582716748
Note: All 17 respondents have been served with an advance copy of this affidavit by email dated November 2014
In the Hon'ble High Court of Delhi at New Delhi
Civil Writ Jurisdiction
Writ Petition No. 1280 of 2012
IN THE MATTER OF:
Seema Sapra …Petitioner
versus
General Electric Company and Others ….Respondents
AFFIDAVIT
1. I, Seema Sapra, daughter of Late Shri A. R. Sapra, aged 43 years, previously resident of G 4, first floor, Jangpura Extension, New Delhi 110014 and rendered homeless on 30 May 2012 (because of and as a result of the whistleblower complaints of corruption, forgery, bribery, fraud and illegal activities made against General Electric, Montek Singh Ahluwalia, Planning Commission, Railway Ministry and Ministry of Finance and as a result of the whistleblower corruption petition (W.P. (C ) 1280/ 2012) and because of my complaints of sexual harassment against Mr Soli J Sorabjee and Mr Raian Karanjawala) in contempt of this Hon'ble Court's order dated May 25, 2012 and presently homeless do hereby solemnly affirm and state as under.
2. I am the Petitioner in the present Petition and am well aware of the facts of the case and am competent to file the present affidavit.
3. This affidavit is being filed to supplement the Petitioner's application (filing diary no. 234826/ 2014) on the issue of Mr Suresh Prabhu's dubious appointment as Rail Minister under influence from General Electric Company in this writ petition which is coming up for hearing before Court for the first time on 1 December 2014.
4. In this application the Petitioner has stated that on 9 November 2014, Mr Sadanand Gowda who was opposed to the Madhepura and Marhowra proposed locomotive factory Projects and tenders because these Projects and tenders were tainted with corrupt dealings was unceremoniously replaced as Railway Minister with Mr Suresh Prabhu by Prime Minister Narendra Modi under pressure from General Electric Company, respondent 1 in this whistleblower corruption case.
5. The relief sought by the Petitioner in her application on the Suresh Prabhu issue is reproduced below.
PRAYER
It is therefore most respectfully prayed that this Hon'ble Court may be pleased to: (a) Direct the Government of India through the PMO (respondent 5 herein) to ascertain and declare the conflict of interest if any regarding Suresh Prabhu and this writ petition and/ or the Madhepura and Marhowra Projects and tenders; to ascertain and declare any dealings (financial or otherwise) between Suresh Prabhu, his son or their companies and General Electric Company and/or its affiliates; and to ascertain and declare whether Mr Suresh Prabhu has been made aware of this writ petition and of the full evidence of corruption, fraud, forgery, bribery and illegal lobbying concerning the tenders for the Madhepura and Marhowra Projects; (b) Direct the Government of India through the PMO (respondent 5 herein) to ensure that Suresh Prabhu as Railway Minister does not act unlawfully in connection with the Marhowra and Madhepura locomotive factory Projects and that no attempt is made to cover up the complaints of corruption, fraud, forgery, bribery, FCPA violations, tender manipulation, and illegal lobbying that are pending against General Electric Company in connection with the Projects and tenders for the proposed diesel and electric locomotive factories at Marhowra and Madhepura; (c) Direct Advocate Om Prakash to disclose who instructed him to oppose the Petitioner's representations to the President and Prime Minister against Suresh Prabhu's appointment as Rail Minister; (d) Issue notice of criminal contempt to Advocate Om Prakash for obstruction of court proceedings on 20 November 2014 when he prevented the petitioner from addressing the court by shouting at her and by shouting her down with the specific intent to prevent her from addressing the court and to prevent her from responding to his invalid objections; (e) Direct the Railway Ministry to replace advocate Om Prakash with a lawyer who will not facilitate the cover-up of the corruption complaints against General Electric and who will not collude with General Electric Company's alleged lawyers to sabotage this writ petition; (f) Direct that ASG Sanjay Jain who has been instructed to appear in this matter for respondents 4 and 5 (Railway Ministry and the PMO) start assisting the Hon'ble Court and not skip court hearings; |
6. Mr Suresh Prabhu has a history of covering up General Electric corruption and protecting General Electric interests while foregoing legitimate interests and rights of the Government of India which he exhibited while he was Power Minister in the Vajpayee Cabinet and dealing with the Enron-GE-Bechtel consortium's Dabhol Project.
7. Mr Suresh Prabhu was rewarded for protecting General Electric Company's interests and for covering up the corruption in the Dabhol Project and subsequently became an entrepreneur cum self-professed policy-czar in the power, renewable energy, water, and infrastructure space. General Electric Company is one of the largest companies in these spaces especially in the area of renewable energy and it helped Suresh Prabhu set up as an entrepreneur and self-professed policy expert.
8. Mr Sharad Pawar also has a long history of dealings with General Electric Company involving corrupt deals at the expense of the Indian exchequer. Some examples are again the Dabhol Project and the Air-India aircraft purchase orders from Boeing fitted with General Electric engines. The corruption inherent in what is now known as the Air India scam which has ended up bankrupting and destroying the national air carrier (a matter that of national shame that calls for introspection) has been the subject of a CAG report and involved then Civil Aviation Minister Praful Patel, appointed to the Manmohan Singh Cabinet as a nominee of Mr Sharad Pawar's party (NCP) and close to Mr Sharad Pawar.
9. The recent legislative assembly elections in Maharashtra and the failure of the BJP to secure a complete majority and its resultant dependence on either the NCP (Mr Sharad Pawar's party) or the Shiv Sena afforded an opportunity for General Electric Company to again pressurise the BJP led Government of India.
10. As part of the machinations involving government formation in Maharashtra, General Electric Company used Mr Sharad Pawar to pressurise Prime Minister Modi to induct Suresh Prabhu into his Cabinet as Rail Minister.
11. The Petitioner has already raised serious concerns based upon facts and evidence about Mr Suresh Prabhu's suitability for appointment as Rail Minister in her application which will be listed on 1 December 2014.
12. The Petitioner's concerns that General Electric Company is behind Mr Suresh Prabhu's appointment as Rail Minister and that Suresh Prabhu has been brought in to cover up corruption by General Electric Company in the Madhepura and Marhowra Projects and tenders is further buttressed by an interview given by Mr John Rice, Vice Chairman of General Electric Company to an Indian media outlet on 19 November 2014 which is reproduced below. Through this interview cleverly moulded using pre-set questions with the help of the interviewing journalist, Mr John Rice acknowledges that Suresh Prabhu is amenable to General Electric's position, and Mr John Rice further lobbies for award of the Marhowra Project by stating: "I have been in talks with the government on rail modernization probably for the last 17-18 years. Some of my earliest trips to India involved rail modernization. We are ready, willing and able to go and we are quite hopeful that the new minister will move the tendering process forward."
Nov 19, 2014, 01.08 PM IST | Source: CNBC-TV18 New gas price at low end of expectation: GE On rail modernization, John Rice of GE says he has been in talks with the government for the last 17-18 years. He is hopeful that the new minister will move the tendering process.
Read more at: http://www.moneycontrol.com/news/business/new-gas-price-at-low-endexpectation-ge_1232489.html?utm_source=ref_article
New gas price at low end of expectation: GE John Rice, vice-chairman of GE believes the new gas price is at the low end of expectation. He is not sure whether it will be enough to create all the investments needed to push supply to meet demand in India.
On rail modernization, he says he has been in talks with the government for the last 17-18 years. He is hopeful that the new minister will move the tendering process.
Below is the verbatim transcript of John Rice's interview with CNBC-TV18's Malvika Jain
Q: Gas pricing has been a matter of concern for GE and now that the government has fixed it at USD 5.6 per mmbtu, what do you think about it? Is that something in line with expectations, what does it mean for GE?
A: From everything I can tell, it is at the low end of expectations and whether it is enough to facilitate all the investment that needs to be made to create the gas supplies that this country needs, I don't know. I think most people would say it needs to be a little bit higher than it is but it is a start and so we are happy about that.
Q: In India we have a new railways minister and FDI in rail is also permitted, are you in talks with the government to develop some sort of a network and invest into India?
A: I have been in talks with the government on rail modernization probably for the last 17-18 years. Some of my earliest trips to India involved rail modernization. We are ready, willing and able to go and we are quite hopeful that the new minister will move the tendering process forward. We will invest, we know other companies who are willing to invest and it is something that the country needs.
Q: How much are you willing to invest into rail modernization in India, is there a specific number that you can give to me?
A: The last time when the tendering process took place, we were prepared to invest several hundred million dollars and bring in our most current locomotive technology and obviously we would have to look at the conditions and the circumstances the next time around but certainly something of that magnitude, we would be prepared to do.
Q: Prime Minister Modi has been making the Make in India call. What does it mean for a foreign investor like you if it was for railway modernization, can we expect you to be setting up plants for manufacturing in India and also for other infrastructure projects?
A: Absolutely. We understand clearly, not just in India that jobs have become the real global currency. It is not the US dollar, it is jobs. Job creation is important everywhere. You cannot have sustainable inclusive growth if you are not creating jobs. So the Indian government, Prime Minister Modi, clearly understands that and he is starting to take the steps necessary to create an environment for investors where companies like ours and others will create the jobs that need to fuel this economic growth. |
13. Contrast Mr John Rice's (General Electric Company) interview with that of Mr William P Ainsworth, President and CEO of Electro-Motive Diesel (EMD) and Progress Rail Services (the Caterpillar-owned subsidiary that acquired EMD in 2010) to a different Indian media outlet published on 27 November 2013, also reproduced below. EMD is the other interested bidder in the Marhowra Project and tenders and is the only rival to General Electric Company for this Project due to tailored eligibility criteria intended to keep all other potential bidders out. When Mr William P Ainsworth is asked to comment on the live Marhowra tender, he replies "when the request for qualification is in process, we don't comment."
'India a bigger rail engine market than China'
Mamuni Das 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 | Nov 27, 2014 10:07:55 AM | http://www.thehindubusinessline.com/opinion/india-a-bigger-rail-engine-market-than-china/article5272586.ece © The Hindu Business Line
|
DEPONENT
VERIFICATION
Verified at New Delhi on this th day of November 2014 that the contents of the above affidavit are true and correct to my knowledge and that nothing material has been concealed therefrom.
DEPONENT
In the Hon'ble High Court of Delhi at New Delhi
Civil Writ Jurisdiction
Writ Petition No. 1280 of 2012
IN THE MATTER OF:
Seema Sapra …Petitioner
versus
General Electric Co. and Others ….Respondents
INDEX
No. | Particulars | Page |
1 | Petitioner's affidavit to supplement Petitioner's application (filing no. 234826/2014) on the issue of Mr Suresh Prabhu's appointment as Rail Minister under influence from General Electric Company | 1-10 |
Place: New Delhi Petitioner in Person
November 2014 Seema Sapra
Rendered homeless since May 30, 2012 as a result of corruption complaints against General Electric and as a result of this whistleblower corruption petition (W.P. (C) 1280/ 2012) and presently homeless
9582716748
Note: All 17 respondents have been served with an advance copy of this affidavit by email dated November 2014
From: Seema Sapra <seema.sapra@googlemail.com>
Date: Thu, Nov 27, 2014 at 2:05 PM
Subject: Two new affidavits filed by General Electric whistleblower - Seema Sapra, General Electric whistle-blower - WP Civil 1280 of 2012, a corruption whistle-blower petition in the Delhi High Court (Seema Sapra v General Electric Company and Others)
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Cc: Seema Sapra <seema.sapra@gmail.com>, Seema Sapra <seemasapra@hotmail.com>
In the Hon'ble High Court of Delhi at New Delhi
Civil Writ Jurisdiction
Writ Petition No. 1280 of 2012
IN THE MATTER OF:
Seema Sapra …Petitioner
versus
General Electric Company and Others ….Respondents
AFFIDAVIT
1. I, Seema Sapra, daughter of Late Shri A. R. Sapra, aged 43 years, previously resident of G 4, first floor, Jangpura Extension, New Delhi 110014 and rendered homeless on 30 May 2012 (because of and as a result of the whistleblower complaints of corruption, forgery, bribery, fraud and illegal activities made against General Electric, Montek Singh Ahluwalia, Planning Commission, Railway Ministry and Ministry of Finance and as a result of the whistleblower corruption petition (W.P. (C ) 1280/ 2012) and because of my complaints of sexual harassment against Mr Soli J Sorabjee and Mr Raian Karanjawala) in contempt of this Hon'ble Court's order dated May 25, 2012 and presently homeless do hereby solemnly affirm and state as under.
2. I am the Petitioner in the present Petition and am well aware of the facts of the case and am competent to file the present affidavit.
3. This affidavit is being filed to supplement the Petitioner's application dated 21 November 2014 (CM 18969/ 2014) which will be listed before court for hearing for the first time on 1 December 2014. CM 18969/2014 seeks the following relief.
| PRAYER It is therefore most respectfully prayed that this Hon'ble Court may be pleased to: (a) Declare that K R Radhakrishnan is not the authorised signatory of General Electric Company (respondent 1); GE India Industrial Private Limited (respondent 6); or GE India Global Sourcing Private Limited (respondent 7); for the purposes of this writ petition and that he cannot represent these respondents in this matter or sign court pleadings and/ or affidavits on behalf of these respondents in this matter; (b) Declare that K R Radhakrishnan has unlawfully impersonated as the authorised signatory of respondents 1 6 and 7 in this matter as part of a criminal conspiracy to defraud this Hon'ble Court with intent to file false and unauthorised affidavits and to cover up the complaints of corruption, fraud, forgery and manipulation of the Railway Madhepura & Marhowra Projects and tenders pending before this court against respondents 1, 6 and 7 and to deny the petitioner/whistleblower/witness her rights for whistleblower protection against respondents 1, 6 and 7; (c) Declare that the three vakalatnamas signed by K Radhakrishnan and filed on December 7, 2012 and refiled on December 11, 2012; and the three vakalatnamas signed by K Radhakrishnan and filed on December 17, 2012; and the vakalatnama allegedly signed by Bradford Berenson on 9 May 2013 and the two vakalatnamas signed by K Radhakrishnan and filed on July 16, 2013 are all invalid, unlawful and defective; (d) Declare that the alleged Power of Attorney executed by Alexander Dimitrief on 4 May 2012 purportedly on behalf of General Electric Company and filed in this court under which K Radhakrishnan claimed to be authorised signatory for General Electric Company (respondent 1) is unlawful, fraudulent and violates the Board Resolution of General Electric Company numbered 10855 adopted by the Board of Directors of General Electric Company in its Board of Directors Meeting on 6 November 2009; (e) Declare that the alleged Power of Attorney executed by Bradford Berenson on 29 April 2013 purportedly on behalf of General Electric Company and filed in this court under which K Radhakrishnan claimed to be authorised signatory for General Electric Company (respondent 1) is unlawful, fraudulent and violates the Board Resolution of General Electric Company numbered 10855 adopted by the Board of Directors of General Electric Company in its Board of Directors Meeting on 6 November 2009; (f) Declare that the alleged copies of the Board Resolutions of respondents 6 and 7 (GE India Industrial Private Limited and GE Global Sourcing India Private Limited) dated 7 May 2012 and dated 17 December 2012 filed in this writ petition and under which K Radhakrishnan claims to be authorised signatory for respondents 6 and 7 are fraudulent, forged, invalid and fabricated documents and these documents do not constitute K R Radhakrishnan as the authorised signatory and representative of respondents 6 and 7 for this writ petition; (g) Declare that Mr Nanju Ganpathy/ AZB & Partners cannot appear in Civil Writ Petition 1280 of 2012 on behalf of respondents 1, 6 and 7 as the vakalatnamas filed by them on December 7, 2012 and refiled on December 11, 2012 and the vakalatnamas filed by them on December 17, 2012 and the vakalatnamas filed by them on 16 July 2013 are all defective and invalid and declare that Mr Nanju Ganpathy/ AZB & Partners have no authority to represent respondents 1, 6 and 7 in these proceedings; (h) Immediately prohibit appearance by Mr Nanju Ganpathy and AZB & Partners on behalf of respondents 1, 6 and 7 in Civil Writ Petition 1280 of 2012 on the ground that vakalatnamas and authority documents placed on record by AZB on behalf of respondents 1, 6 and 7 are defective and invalid; (i) Issue notice of criminal contempt of court to Mr Jeffrey Immelt (GE), Mr Brackett Denniston (GE), Mr Alexander Dimitrief (GE), Mr Bradford Berenson (GE), Mr Jeffrey Eglash (GE), Mr F. Joseph Warin (Gibson Dunn), Mr John Chesley (Gibson Dunn), Ms Zia Mody (AZB), Mr Nanju Ganpathy (AZB), Mr Manpreet Lamba (AZB), Mr Kartik Yadav (previously appearing for AZB), Mr Deepak Adlakha (ex GE-India), Mr Abhishek Tiwari (AZB), Ms Tejal Singh (GE India) and Mr K R Radhakrishnan (GE India) for committing a fraud on this court by using K R Radhakrishnan to impersonate as the authorised signatory for respondents 1, 6 and 7 and using him to file false and unauthorised affidavits, applications, pleadings, and vakalatnamas for respondents 1, 6, and 7 with criminal intent to commit a fraud on this Hon'ble Court, on the Government of India, on General Electric Company and on the Petitioner to facilitate a cover up of the complaints of corruption, forgery, fraud, tender manipulation, and illegal lobbying against respondents 1, 6 and 7 in connivance with the Railway Ministry (respondent 4); (j) Issue notice of criminal contempt of court to Mr Jeffrey Immelt (GE), Mr Brackett Denniston (GE), Mr Alexander Dimitrief (GE), Mr Bradford Berenson (GE), Mr Jeffrey Eglash (GE), Mr F. Joseph Warin (Gibson Dunn), Mr John Chesley (Gibson Dunn), Ms Zia Mody (AZB), Mr Nanju Ganpathy (AZB), Mr Manpreet Lamba (AZB), Mr Kartik Yadav (previously appearing for AZB), Mr Deepak Adlakha (ex GE-India), Mr Abhishek Tiwari (AZB), Ms Tejal Singh (GE India) and Mr K R Radhakrishnan (GE India) for aiding and abetting perjury by enabling the filing of false and unauthorised affidavits by Mr K R Radhakrishnan in Civil Writ Petition 1280 of 2012 with intent to subvert and sabotage the present writ petition; (k) Issue notice of criminal contempt of court to General Electric Company (respondent 1); GE India Industrial Private Limited (respondent 6); and GE Global Sourcing India Private Limited (respondent 7) for failing to appear before this Hon'ble Court despite issue and service of notice and summons dated 7 March 2012; (l) Direct the criminal prosecution of K R Radhakrishnan for criminal impersonation, fraud, cheating, forgery, and perjury in respect of the complaints set out in the present application; (m) Issue direct notice on the writ petition once again to respondents 1, 6 and 7 by dasti email and directing these respondents to appear in this matter through properly authorised counsel/advocates and to file their response to the pleadings through a duly authorised signatory duly empowered to sign court pleadings on behalf of these respondents; (n) Direct the court registry to return the defective vakalatnamas filed on December 7, 2012 and refiled on December 11, 2012 and to also return the defective vakalatnamas filed on December 17, 2012 and July 16, 2013 by Nanju Ganpathy/ AZB & Partners in compliance with the Supreme Court's decision in Uday Shankar Triyar v. Ram Kalewar Prasad Singh [(2006) 1 SCC 75]; (o) Clarify that notice on the writ petition to respondents 8, 9, 10 and 11 as issued by this court on November 19, 2012, can be served dasti by email and courier only and not by all permissible modes of service; (p) Direct AZB & Partners, Nanju Ganapathy, and K R Radhakrishnan to produce the original records of the minutes of the board meetings/ resolutions of respondents 6 and 7 for the board resolutions dated 7 May 2012 and 17 December 2012, allegedly issued by respondents 5 and 6; (q) Pass such other and further orders as this Hon'ble Court may deem fit and proper. |
4. I further point out that the unlawful and invalid Power of Attorney allegedly executed by Mr Alexander Dimitrief under which K Radhakrishnan first purported to unlawfully hold himself out as the authorised signatory of General Electric Company (respondent 1) in this matter expired by efflux of time on 4 May 2013. Therefore any alleged vakalatnama signed under the alleged authorization of this POA dated 4 May 2012 also expired on 4 May 2013.
5. The second alleged authority document relied upon by the impersonator K Radhakrishnan is an alleged Power of Attorney dated 29 April 2013 allegedly executed by Mr Bradford Berenson. This unlawful and invalid POA was filed in this matter by AZB on 16 July 2013. This alleged POA dated 29 April 2013 also expired by efflux of time on 29 April 2014. Therefore any alleged vakalatnama signed under the alleged authorization of this POA dated 29April 2013 also expired on 29 April 2014.
6. There is therefore no valid and existing authority document on record or otherwise which appoints K Radhakrishnan as the authorised signatory of General Electric Company for the purpose of this writ petition (where court notice and summons were issued to General Electric Company as respondent 1) or for any other purpose in connection with the Petitioner (Seema Sapra).
7. There is also no valid and existing authority document on record or otherwise which appoints K Radhakrishnan as the authorised signatory of GE India Industrial Private Limited or GE Global Sourcing India Private Limited for the purpose of this writ petition (where court notice and summons were issued to GE India Industrial Private Limited and to GE Global Sourcing India Private Limited as respondents 6 and 7 respectively) or for any other purpose in connection with the Petitioner (Seema Sapra).
8. The unlawful, invalid, forged and fabricated authority documents and vakalatnamas mentioned in and annexed to CM 18969/ 2014 have been used by K Radhakrishnan to unlawfully impersonate as the authorised signatory of General Electric Company, GE India Industrial Private Limited, and GE Global Sourcing India Private Limited in this matter where K Radhakrishnan has filed several false and unauthorised affidavits and applications targeting and retaliating against the Petitioner-whistleblower-witness, which fraudulent pleadings are being used in an attempt to cover up the petitioner's complaints and evidence against General Electric Company and its two Indian subsidiaries of corruption, fraud, bribery, FCPA violations, illegal lobbying, tender manipulation and to cover up and facilitate the conspiracy and multiple attempts to eliminate and destroy the petitioner.
9. As a publicly traded company in the United States, General Electric Company is obligated to disclose material litigation against it like the present writ to t petition in filings and disclosures (specifically in Form 10-K under the title "Legal Proceedings" to the United States Securities and Exchange Commission. Another motive to use K Radhakrishnan to illegally impersonate General Electric Company in these proceedings, is that senior legal in-house counsel of General Electric Company have violated SEC rules requiring that this writ petition pending against General Electric Company since February 2012 be disclosed in its SEC filings. This writ petition has not been reported by General Electric Company in its filings/ disclosures to the SEC and this violates United States law and SEC rules.
10. The unlawful, invalid, forged and fabricated authority documents and vakalatnamas mentioned in CM 18969/ 2014 have also been used by K Radhakrishnan to unlawfully impersonate as the authorised signatory of General Electric Company and GE India Industrial Private Limited and to initiate illegal and unauthorised proceedings against the petitioner in other fora with intent to silence the petitioner-whistleblower and to retaliate against her. These proceedings include OMP 647/ 2012 pending in the Delhi High Court since July 2012; an arbitration complaint made before alleged sole arbitrator Mr Deepak Verma (a former judge of the Supreme Court of India); and a complaint against the Petitioner made to the Bar Council of Delhi (apparently numbered as Complaint 09/2013) all filed through impersonator K Radhakrishnan using false, invalid, forged and fabricated authority documents that were first filed in this writ petition and which have been exposed as fraudulent by the Petitioner in several applications (all pending and still awaiting hearing) in this writ petition, the most recent being CM 18969/ 2014 filed on 21 November 2014 and which will be listed for hearing for the first time before this Court on 1 December 2014.
11. Despite this issue having been repeatedly raised by the Petitioner in applications and during court hearings, Nanju Ganpathy and Manpreet Lamba from AZB & Partners have continued to appear in this matter all through 2012, 2013 and now 2014 falsely claiming to represent General Electric Company, GE India Industrial Private Limited, and GE Global Sourcing India Private Limited (respondents 1, 6 and 7 respectively).
12. It is time that this Hon'ble Court takes up and decides CM 18969/ 2014 and puts an end to this charade being played by K Radhakrishnan and by Nanju Ganpathy and Manpreet Lamba of AZB & Partners that they represent respondents 1, 6 and 7.
13. This is a fraud being committed not only on the Petitioner which endangers her life and facilitates her ongoing targeting and poisoning, but it is also a serious fraud against this Court, against the Government of India, and against the three respondents (1, 6, and 7) themselves who being corporate juristic entities are incapable of the offence of fraud and this fraud therefore amounts to a fraud against General Electric Company, GE India Global Sourcing Private Limited and GE Global Sourcing Private Limited which is being aided, abetted and facilitated by General Electric's executives and lawyers who are desperately trying to cover up the complaints of corruption, fraud, forgery, bribery, FCPA violations, tender manipulation and illegal lobbying in which they are complicit with intent to avoid employment consequences and criminal investigation and prosecution by both Indian and United States' authorities.
DEPONENT
VERIFICATION
Verified at New Delhi on this th day of November 2014 that the contents of the above affidavit are true and correct to my knowledge and that nothing material has been concealed therefrom.
DEPONENT
In the Hon'ble High Court of Delhi at New Delhi
Civil Writ Jurisdiction
Writ Petition No. 1280 of 2012
IN THE MATTER OF:
Seema Sapra …Petitioner
versus
General Electric Company and Others ….Respondents
INDEX
| No. | Particulars | Page |
| 1 | Affidavit of Petitioner supplementing Petitioner's application dated 21 November 2014 (CM 18969/ 2014) on the issue of illegal impersonation by K Radhakrishnan of respondents 1, 6 and 7 (General Electric Company, GE India Industrial Private Limited and GE Global Sourcing India Private Limited respectively) before this court using unlawful, invalid, forged and fabricated authority documents | 1-7 |
Place: New Delhi Petitioner in Person
November 2014 Seema Sapra
Rendered homeless since May 30, 2012 as a result of corruption complaints against General Electric and as a result of this whistleblower corruption petition (W.P. (C) 1280/ 2012) and presently homeless
9582716748
Note: All 17 respondents have been served with an advance copy of this affidavit by email dated November 2014
In the Hon'ble High Court of Delhi at New Delhi
Civil Writ Jurisdiction
Writ Petition No. 1280 of 2012
IN THE MATTER OF:
Seema Sapra …Petitioner
versus
General Electric Company and Others ….Respondents
AFFIDAVIT
1. I, Seema Sapra, daughter of Late Shri A. R. Sapra, aged 43 years, previously resident of G 4, first floor, Jangpura Extension, New Delhi 110014 and rendered homeless on 30 May 2012 (because of and as a result of the whistleblower complaints of corruption, forgery, bribery, fraud and illegal activities made against General Electric, Montek Singh Ahluwalia, Planning Commission, Railway Ministry and Ministry of Finance and as a result of the whistleblower corruption petition (W.P. (C ) 1280/ 2012) and because of my complaints of sexual harassment against Mr Soli J Sorabjee and Mr Raian Karanjawala) in contempt of this Hon'ble Court's order dated May 25, 2012 and presently homeless do hereby solemnly affirm and state as under.
2. I am the Petitioner in the present Petition and am well aware of the facts of the case and am competent to file the present affidavit.
3. This affidavit is being filed to supplement the Petitioner's application (filing diary no. 234826/ 2014) on the issue of Mr Suresh Prabhu's dubious appointment as Rail Minister under influence from General Electric Company in this writ petition which is coming up for hearing before Court for the first time on 1 December 2014.
4. In this application the Petitioner has stated that on 9 November 2014, Mr Sadanand Gowda who was opposed to the Madhepura and Marhowra proposed locomotive factory Projects and tenders because these Projects and tenders were tainted with corrupt dealings was unceremoniously replaced as Railway Minister with Mr Suresh Prabhu by Prime Minister Narendra Modi under pressure from General Electric Company, respondent 1 in this whistleblower corruption case.
5. The relief sought by the Petitioner in her application on the Suresh Prabhu issue is reproduced below.
| PRAYER
It is therefore most respectfully prayed that this Hon'ble Court may be pleased to: (a) Direct the Government of India through the PMO (respondent 5 herein) to ascertain and declare the conflict of interest if any regarding Suresh Prabhu and this writ petition and/ or the Madhepura and Marhowra Projects and tenders; to ascertain and declare any dealings (financial or otherwise) between Suresh Prabhu, his son or their companies and General Electric Company and/or its affiliates; and to ascertain and declare whether Mr Suresh Prabhu has been made aware of this writ petition and of the full evidence of corruption, fraud, forgery, bribery and illegal lobbying concerning the tenders for the Madhepura and Marhowra Projects; (b) Direct the Government of India through the PMO (respondent 5 herein) to ensure that Suresh Prabhu as Railway Minister does not act unlawfully in connection with the Marhowra and Madhepura locomotive factory Projects and that no attempt is made to cover up the complaints of corruption, fraud, forgery, bribery, FCPA violations, tender manipulation, and illegal lobbying that are pending against General Electric Company in connection with the Projects and tenders for the proposed diesel and electric locomotive factories at Marhowra and Madhepura; (c) Direct Advocate Om Prakash to disclose who instructed him to oppose the Petitioner's representations to the President and Prime Minister against Suresh Prabhu's appointment as Rail Minister; (d) Issue notice of criminal contempt to Advocate Om Prakash for obstruction of court proceedings on 20 November 2014 when he prevented the petitioner from addressing the court by shouting at her and by shouting her down with the specific intent to prevent her from addressing the court and to prevent her from responding to his invalid objections; (e) Direct the Railway Ministry to replace advocate Om Prakash with a lawyer who will not facilitate the cover-up of the corruption complaints against General Electric and who will not collude with General Electric Company's alleged lawyers to sabotage this writ petition; (f) Direct that ASG Sanjay Jain who has been instructed to appear in this matter for respondents 4 and 5 (Railway Ministry and the PMO) start assisting the Hon'ble Court and not skip court hearings; |
6. Mr Suresh Prabhu has a history of covering up General Electric corruption and protecting General Electric interests while foregoing legitimate interests and rights of the Government of India which he exhibited while he was Power Minister in the Vajpayee Cabinet and dealing with the Enron-GE-Bechtel consortium's Dabhol Project.
7. Mr Suresh Prabhu was rewarded for protecting General Electric Company's interests and for covering up the corruption in the Dabhol Project and subsequently became an entrepreneur cum self-professed policy-czar in the power, renewable energy, water, and infrastructure space. General Electric Company is one of the largest companies in these spaces especially in the area of renewable energy and it helped Suresh Prabhu set up as an entrepreneur and self-professed policy expert.
8. Mr Sharad Pawar also has a long history of dealings with General Electric Company involving corrupt deals at the expense of the Indian exchequer. Some examples are again the Dabhol Project and the Air-India aircraft purchase orders from Boeing fitted with General Electric engines. The corruption inherent in what is now known as the Air India scam which has ended up bankrupting and destroying the national air carrier (a matter that of national shame that calls for introspection) has been the subject of a CAG report and involved then Civil Aviation Minister Praful Patel, appointed to the Manmohan Singh Cabinet as a nominee of Mr Sharad Pawar's party (NCP) and close to Mr Sharad Pawar.
9. The recent legislative assembly elections in Maharashtra and the failure of the BJP to secure a complete majority and its resultant dependence on either the NCP (Mr Sharad Pawar's party) or the Shiv Sena afforded an opportunity for General Electric Company to again pressurise the BJP led Government of India.
10. As part of the machinations involving government formation in Maharashtra, General Electric Company used Mr Sharad Pawar to pressurise Prime Minister Modi to induct Suresh Prabhu into his Cabinet as Rail Minister.
11. The Petitioner has already raised serious concerns based upon facts and evidence about Mr Suresh Prabhu's suitability for appointment as Rail Minister in her application which will be listed on 1 December 2014.
12. The Petitioner's concerns that General Electric Company is behind Mr Suresh Prabhu's appointment as Rail Minister and that Suresh Prabhu has been brought in to cover up corruption by General Electric Company in the Madhepura and Marhowra Projects and tenders is further buttressed by an interview given by Mr John Rice, Vice Chairman of General Electric Company to an Indian media outlet on 19 November 2014 which is reproduced below. Through this interview cleverly moulded using pre-set questions with the help of the interviewing journalist, Mr John Rice acknowledges that Suresh Prabhu is amenable to General Electric's position, and Mr John Rice further lobbies for award of the Marhowra Project by stating: "I have been in talks with the government on rail modernization probably for the last 17-18 years. Some of my earliest trips to India involved rail modernization. We are ready, willing and able to go and we are quite hopeful that the new minister will move the tendering process forward."
| Nov 19, 2014, 01.08 PM IST | Source: CNBC-TV18 New gas price at low end of expectation: GE On rail modernization, John Rice of GE says he has been in talks with the government for the last 17-18 years. He is hopeful that the new minister will move the tendering process.
Read more at: http://www.moneycontrol.com/news/business/new-gas-price-at-low-endexpectation-ge_1232489.html?utm_source=ref_article
New gas price at low end of expectation: GE John Rice, vice-chairman of GE believes the new gas price is at the low end of expectation. He is not sure whether it will be enough to create all the investments needed to push supply to meet demand in India.
On rail modernization, he says he has been in talks with the government for the last 17-18 years. He is hopeful that the new minister will move the tendering process.
Below is the verbatim transcript of John Rice's interview with CNBC-TV18's Malvika Jain
Q: Gas pricing has been a matter of concern for GE and now that the government has fixed it at USD 5.6 per mmbtu, what do you think about it? Is that something in line with expectations, what does it mean for GE?
A: From everything I can tell, it is at the low end of expectations and whether it is enough to facilitate all the investment that needs to be made to create the gas supplies that this country needs, I don't know. I think most people would say it needs to be a little bit higher than it is but it is a start and so we are happy about that.
Q: In India we have a new railways minister and FDI in rail is also permitted, are you in talks with the government to develop some sort of a network and invest into India?
A: I have been in talks with the government on rail modernization probably for the last 17-18 years. Some of my earliest trips to India involved rail modernization. We are ready, willing and able to go and we are quite hopeful that the new minister will move the tendering process forward. We will invest, we know other companies who are willing to invest and it is something that the country needs.
Q: How much are you willing to invest into rail modernization in India, is there a specific number that you can give to me?
A: The last time when the tendering process took place, we were prepared to invest several hundred million dollars and bring in our most current locomotive technology and obviously we would have to look at the conditions and the circumstances the next time around but certainly something of that magnitude, we would be prepared to do.
Q: Prime Minister Modi has been making the Make in India call. What does it mean for a foreign investor like you if it was for railway modernization, can we expect you to be setting up plants for manufacturing in India and also for other infrastructure projects?
A: Absolutely. We understand clearly, not just in India that jobs have become the real global currency. It is not the US dollar, it is jobs. Job creation is important everywhere. You cannot have sustainable inclusive growth if you are not creating jobs. So the Indian government, Prime Minister Modi, clearly understands that and he is starting to take the steps necessary to create an environment for investors where companies like ours and others will create the jobs that need to fuel this economic growth. |
13. Contrast Mr John Rice's (General Electric Company) interview with that of Mr William P Ainsworth, President and CEO of Electro-Motive Diesel (EMD) and Progress Rail Services (the Caterpillar-owned subsidiary that acquired EMD in 2010) to a different Indian media outlet published on 27 November 2013, also reproduced below. EMD is the other interested bidder in the Marhowra Project and tenders and is the only rival to General Electric Company for this Project due to tailored eligibility criteria intended to keep all other potential bidders out. When Mr William P Ainsworth is asked to comment on the live Marhowra tender, he replies "when the request for qualification is in process, we don't comment."
| 'India a bigger rail engine market than China'
Mamuni Das 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 | Nov 27, 2014 10:07:55 AM | http://www.thehindubusinessline.com/opinion/india-a-bigger-rail-engine-market-than-china/article5272586.ece © The Hindu Business Line
|
DEPONENT
VERIFICATION
Verified at New Delhi on this th day of November 2014 that the contents of the above affidavit are true and correct to my knowledge and that nothing material has been concealed therefrom.
DEPONENT
In the Hon'ble High Court of Delhi at New Delhi
Civil Writ Jurisdiction
Writ Petition No. 1280 of 2012
IN THE MATTER OF:
Seema Sapra …Petitioner
versus
General Electric Co. and Others ….Respondents
INDEX
| No. | Particulars | Page |
| 1 | Petitioner's affidavit to supplement Petitioner's application (filing no. 234826/2014) on the issue of Mr Suresh Prabhu's appointment as Rail Minister under influence from General Electric Company | 1-10 |
Place: New Delhi Petitioner in Person
November 2014 Seema Sapra
Rendered homeless since May 30, 2012 as a result of corruption complaints against General Electric and as a result of this whistleblower corruption petition (W.P. (C) 1280/ 2012) and presently homeless
9582716748
Note: All 17 respondents have been served with an advance copy of this affidavit by email dated November 2014
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