The attached application has been filed by me in WP Civil 1280/ 2012. The matter is listed
on 10 December 2014.
The applications and annexures are attached. The
relief sought in the application is reproduced below.
Seema Sapra
PRAYER
It is therefore most respectfully prayed that this
Hon'ble Court may be pleased to:
(a)
Declare that the alleged Board Resolutions of respondent 6 (GE India
Industrial Private Limited) dated 7 May 2012 and dated 17 December 2012 copies
of which have been filed in this writ petition and under which K Radhakrishnan
claims to be authorised signatory for respondent 6 are fraudulent, forged, invalid and
fabricated documents and these documents do not constitute K R Radhakrishnan as
the authorised signatory and
representative of respondent 6 for this
writ petition for any other purpose or proceeding;
(b)
Declare that K R Radhakrishnan is not the authorised signatory of GE
India Industrial Private Limited (respondent 6) for the purposes of this writ
petition or for any other purpose in connection with the Petitioner and that he
cannot represent respondent 6 in this matter or in any other matter in
connection with the Petitioner or sign court pleadings and/ or affidavits on
behalf of this respondent in this matter or in any other matter in connection
with the Petitioner;
(c)
Direct that K Radhakrishnan be criminally prosecuted for impersonation,
fraud, perjury and forgery for falsely holding himself out as the authorised
signatory of respondent 6 (GE India Industrial Private Limited) under
fabricated and forged board resolutions dated 7 May 2012 and 17 December 2012
in this matter and in the illegal, unauthorised and fraudulent arbitration
proceedings initiated before Mr Deepak Verma, retired Judge of the Supreme
Court of India;
(d)
Issuenotice to Mr Deepak Verma, retired Judge of the Supreme Court of
India (resident of B-4, Geetanjali Enclave, (G.F.) Main Shivalik Road, New
Delhi 110017) and implead him in this writ petition;
(e)
Pass orders for an immediate stay of the alleged arbitration proceedings
against the Petitioner before Mr Deepak Verma, retired Judge of the Supreme
Court of India;
(f)
Issue a permanent injunction restraining Mr Deepak Verma, retired Judge
of the Supreme Court of India from proceeding with any arbitration proceedings
against the Petitioner instituted by the impersonator (KRadhakrishnan) or by GE
India Industrial Private Limited or by any other person/ entity and from
issuing any award/ orders/ directions against the Petitioner in such
proceedings which interferes with or in any manner affects or restricts the
constitutional and legal duties/ obligations / rights of the petitioner as
complainant, witness, whistleblower, writ petitionerin WP Civil 1280/ 2012 and
as an Indian citizen in respect of her complaints (and connected matters) against
General Electric Company, the Rail Ministry, Montek Singh Ahluwalia and their
co-conspirators/ collaborators about corruption, fraud, forgery, bribery,
unlawful lobbying, tender manipulation, FCPA violations, obstruction of justice
(in connection with the Rail Projects and tenders for the proposed locomotive
factories at Marhowraand Madhepura), and in respect of her complaints about the
threat to her life, and about past and ongoing conspiracy and attempts to
murder/ eliminate her and her complaints of targeting, retaliation,
intimidation, torture, poisoning, destruction of limbetc;
(g)
Issue notice of criminal contempt of court to Mr Deepak Verma (retired
Judge of the Supreme Court of India), Mr K R Radhakrishnan (GE India), Mr
NanjuGanpathy (AZB), Mr ManpreetLamba (AZB), Mr Deepak Adlakha (dismissed GE
India employee), Mr Jeffrey Immelt (GE), Mr John Flannery (GE), Mr
BanmaliAgrawala (GE India), and Tejal Singh (GE India) for interfering with the
administration of justice in this writ petition by the institution/
entertaining of the unauthorised, illegal and fraudulent arbitration
proceedings which seek to silence/ gag/ intimidate and threaten the petitioner-
complainant-witness-whistleblower before this Court;
(h)
Direct that Mr Deepak Verma, K Radhakriahnan, NanjuGanpathy (AZB) and
ManpreetLamba(AZB) be criminally prosecuted for the offence of furnishing false
information under Section 177 IPC; the offence of furnishing false statement on
oath to a public servant under Section 181 IPC; the offence of furnishing false
information, with intent to cause a public servant to use his lawful power to
the injury of another person under Section 182 IPC; the offence of threatening
the Petitioner with injury to induce her from refraining from applying for
protection to public servant under Section 190 IPC; the offence of giving false
evidence under section 191 IPC; the offence of fabricating false evidence under
Section 192 and 193 IPC; the offence of threatening the Petitioner to give
false evidence under Section 195A IPC; the offence of using evidence known to
be false under Section 196 IPC; the offence of making false statements made in
declarations which are by law receivable as evidence under Section 199 IPC; the
offence of causing disappearance of evidence of offence, or giving false
information to screen offender under Section 201 IPC; the offence of giving
false information respecting an offence committed under Section 203 IPC; the
offence of false personation for purpose of act or proceeding in suit or
prosecution under Section 205 IPC; the offence under Section 209 IPC for
dishonestly making false claim in Court; the offence of forgery under Sections
463. 464. 465. 466 IPC; the offence of criminal intimidation under Section 503
IPC; the offences of criminal conspiracy under Sections 120A and 120B IPC; the
offence of concealing design to commit offence punishable with imprisonment
under Section 120 IPC; the offence of abetment under Sections 107, 108, 108A
and 109 IPC;
(i) Restrain Mr Deepak Verma, retired
Judge of the Supreme Court of India from committing further contempt of this
Hon'ble Court as a result of his having entertained the fraudulent,
unauthorised and illegal arbitration claim made against the Petitioner by the
impersonator, K Radhakrishnan;
(j)
Issue notice and non-bailable warrants in this matter for the personal
appearance before this court of the Impersonator K Radhakrushnan;
(k)
Direct the impersonator K Radhakrishnan to produce before this court the
complete records of the unauthorised, fraudulent and illegal arbitration claim
and proceedings instituted against the Petitioner;
(l)
Pass such other and further orders as this Hon'ble Court may deem fit and
proper.
The application
is reproduced below:
In the Hon’ble High Court of Delhi at New Delhi
Civil Writ Jurisdiction
C.M. Appl. No.
of 2014
In
Writ Petition No. 1280 of 2012
IN THE MATTER OF:
Seema Sapra
…Petitioner
Versus
General Electric Co. and Others
….Respondents
An application under Section 151 CPC seeking
directions/ orders for impleadment and issuance of notice to Mr Deepak Verma,
retired Judge of the Supreme Court of India (resident of B-4, Geetanjali
Enclave, (G.F.) Main Shivalik Road, New Delhi 110017) in connection with
certain illegal, unauthorised and fraudulent arbitration proceedings where he
is acting as sole arbitrator which have been instituted against the Petitioner
by K Radhakrishnan who is impersonating as the authorised signatory of GE India
Industrial Private Limited, and seeking an immediate stay of the said
arbitration proceedings and a permanent injunction to Mr Deepak Verma to
refrain from proceeding with the said unauthorised, illegal and fraudulent
arbitration proceedings and from passing any orders against the Petitioner as
this arbitration and any order therein will interfere with the administration
of justice in this pending corruption whistle-blower petition, will amount to
contempt of court, and will amount to intimidation, retaliation against and
silencing of a witness-complainant in complaints of corruption, fraud, forgery,
bribery, illegal lobbying, tender manipulation and FCPA violationsand seeking
certain other connected directions/ orders
The Petitioner above named
Most Respectfully Showeth:
1.
This application is being filed by the Petitioner-witness-whistleblower
seeking directions/ orders for impleadment and issuance of notice to Mr Deepak
Verma, retired Judge of the Supreme Court of India (resident of B-4, Geetanjali
Enclave, (G.F.) Main Shivalik Road, New Delhi 110017)in connection with certain
illegal, unauthorised and fraudulent arbitration proceedings where he is acting
as sole arbitrator which have been instituted against the Petitioner by K
Radhakrishnan who is impersonating as the authorised signatory of GE India
Industrial Private Limited. Through these alleged arbitration proceedings filed
through an impersonator (K Radhakrishnan) , lawyers and executives of
respondents 1, 6 and 7 involved in the corruption, fraud, forgery, bribery,
illegal lobbying, tender manipulation and FCPA violations that the petitioner
has exposed in connection with the Madhepura and Marhowra Projects and tenders
are targeting and retaliating against the petitioner and are seeking to
silence/ gag her and to prevent her from giving evidence and taking her
complaints of criminal offences to the authorities. The orders sought in these
arbitration proceedings are against public policy and the law. This application
interaliaseeks an immediate stay of the said arbitration proceedings and a
permanent injunction to Mr Deepak Verma to refrain from proceeding with the
said unauthorised, illegal and fraudulent arbitration proceedings and from
passing any orders against the Petitioner as this arbitration and any order
therein will interfere with the administration of justice in this pending
corruption whistle-blower petition, will amount to contempt of court, will be
against law and public policy, and will amount to intimidation, retaliation
against and silencing of a witness-complainant in complaints of corruption,
fraud, forgery, bribery, illegal lobbying, tender manipulation and FCPA
violations.
2.
The petitioner refers to and relies upon her application dated 21
November 2014 (CM 18969/ 2014) in this matter which 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 NanjuGanpathy/ 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 NanjuGanpathy/ AZB & Partners
have no authority to represent respondents 1, 6 and 7 in these proceedings;
(h) Immediately
prohibit appearance by Mr NanjuGanpathy 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 NanjuGanpathy (AZB), Mr ManpreetLamba
(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
NanjuGanpathy (AZB), Mr ManpreetLamba (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
NanjuGanpathy/ 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, NanjuGanapathy, 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.
3.
CM 18969/ 2014 seeks directions in connection with the fraud on the
court as one K Radhakrishan (assisted by lawyers NanjuGanpathy and
ManpreetLamba of AZB and by Deepak Adlakha, a lawyer who was fired by General
Electric Company after this writ petition was filed) is impersonating
respondents 1, 6 and 7 (General Electric Company and two Indian subsidiaries)
before the Court using fraudulent and fabricated authority documents.CM 18969/
2014 has been filed seeking court directions in connection with the
unauthorised and fraudulent representation of General Electric Company by K
Radhakrishnan and by AZB & Partners before the Delhi High Court in Writ
Petition (Civil) 1280/ 2012 – in the matter of Seema Sapra v. General Electric
Company and Others.
4.
General Electric Company, an American company is respondent 1 in this
petition and was issued notice by the Delhi High Court on 7 March 2012.
5.
GE India Industrial Private Limited and GE Global Sourcing India Private
Limited are two Indian subsidiaries of General Electric Company and have been
issued notice in this writ petition as respondents 6 and 7 on 7 March 2012.
6.
As the facts set out hereinafter describe, General Electric Company, GE
India Industrial Private Limited and GE Global Sourcing India Private Limited
are not present before this Court but their lawyers/ business executives have
conspired to commit a fraud on this Court and one K Radhakrishnan is
impersonating as the authorised signatory of General Electric Company, GE India
Industrial Private Limited and GE Global Sourcing India Private Limited before
this Court using unauthorised, fraudulent, illegal, invalid, false, forged and
fabricated “authority documents”. The said K Radhakrishnan has also signed
alleged vakalatnamas in favour of NanjuGanpathy and other lawyers from AZB
& Partners to represent respondents 1, 6 and 7 before this court in this
writ petition. These vakalatnamas are invalid as K Radhakrishnan has no
authority to sign these vakalatnamas for respondents 1, 6 and 7and therefore Mr
NanjuGanpathy, Mr ManpreetLambaetc have no authority to represent General
Electric Company, GE India Industrial Private Limited or GE Global Sourcing
India Private Limited in this writ petition.
7.
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, or 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 these three companies as respondents 1, 6 & 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, and misleading the Court as to
the correct facts in connection with the Petitioner’s corruption and forgery
complaints, 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 (in connection with the Rail Projects and
tenders for proposed diesel and electric locomotive factories at Marhowra and
Madhepura respectively) and to cover up and facilitate the conspiracy and
multiple attempts to eliminate and destroy the
petitioner-witness-whistleblower.
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 in filings and disclosures
(specifically in Form 10-K under the title “Legal Proceedings”) to the United
States Securities and Exchange Commission (the SEC). 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 Form 10-K 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,
unauthorised and fraudulent 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 alleged arbitration complaint made before alleged sole
arbitrator Mr Deepak Verma (a former judge of the Supreme Court of India); and
an alleged 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 before this
Court on 10 December 2014.
11.
The Petitioner has not appeared in the said arbitration proceedings
before Mr Deepak Verma. She is being poisoned and targeted viciously and is
being prevented from effectively defending herself against these illegal,
unauthorised and fraudulent proceedings initiated against her by the
impersonator K Radhakrishnan.
12.
Despite this issue of lack of authority having been repeatedly raised by
the Petitioner in applications and during court hearings, NanjuGanpathy and
ManpreetLamba 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). The petitioner’s
applications on this issue pending in this matter have not been taken up for
hearing.
13.
It is time that this Hon’ble Court takes up and decides CM 18969/ 2014
and puts an end to this fraudulent charade being played by K Radhakrishnan and
by NanjuGanpathy and ManpreetLamba of AZB & Partners that they represent
Respondents 1, 6 and 7.
14.
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.
15.
The Petitioner is therefore filing the present application as a witness/
whistleblower/ petitioner before this Court in WP Civil 1280/ 2012 (in which
the Petitioner has also invoked her right to life) seeking relief against her
ongoing retaliation and targeting including ongoing attempt to silence her by
poisoning and to silence her through the fraudulent arbitration proceedings
which have been launched against her by the impersonator K Radhakrishnan
claiming to be an authorised signatory of GE India Industrial Private Limited.
16.
Annexed hereto as Annexure P-1 is a true copy of an email received by
the Petitioner from retired Supreme Court Judge Mr Deepak Verma on 19 November
2013 wherein he refers to an arbitration matter between GE India Industrial
Private Limited and the Petitioner, in which he claims to have been appointed
as the sole arbitrator and indicates that he has already given his consent to
act as such. His email refers to a letter sent by him dated 16 November 2013,
which letter was never received by the Petitioner because a wrong address for
her had deliberately been provided to Mr Deepak Verma by AZB & Partners.
NanjuGanpathy from AZB appears to be copied on this email, but his email address
on this email is incorrect.
17.
The petitioner points out that earlier John Flannery, then CEO of GE
India Industrial Private Limited had named retired Supreme Court Judge Mr
Lahoti as Sole Arbitrator, but Mr Lahotirefused the appointment after the
Petitioner make him aware of the full facts and about how his services as
arbitrator were intended to be used to subvert Writ Petition 1280/ 2012 and to
silence a whistleblower. This time round, NanjuGanpathty and Deepak Adlakha,
the General Electric lawyer fired because of this writ petition, did not inform
the Petitioner about their contact with Mr Deepak Vermauntil 19 November 2013
when minutes later the petitioner received the said email from Mr Deepak Verma.
18.
The Petitioner replied to Mr Deepak Verma bringing to his notice that
the alleged arbitration proceedings were illegal, fraudulent, unauthorised and
intended to interfere with the administration of justice in this writ petition
(WP Civil 1280/ 2012) with intent to cover up the complaints of fraud,
corruption, bribery, forgery, tender manipulation, illegal lobbying and FCPA
violations and retaliation and targeting directed at the
petitioner-whistleblower-witness (including attempts to murder her). The
Petitioner requested Mr Deepak Verma not to proceed with the arbitration. She
emailed him the complete court record in this writ petition which establishes
that she is a whistleblower/ witness to corruption, and that she has not
violated any confidentiality obligations to respondent 6, but has complied with
the law (both Indian and US), with General Electric Company’s compliance
policies, and with Bar Council of India
ethics rules requiring her to disclose the commission of any offence which came
to her notice as a result of her engagement with General Electric Company and
GE India Industrial Private Limited. The Petitioner has continued to copy Mr
Deepak Verma on all her emails regarding this writ petition and connected
matters and copies of several of these emails are already on the court record
in this writ petition.
19.
However either Mr Deepak Verma did not receive the Petitioner’s messages
or he chose to ignore them and to proceed with the arbitration proceedings in
the absence of the petitioner.
20. The Petitioner filed CM 18969/ 2014
on 21 November 2014. On 27, November 2014, the Petitioner filed an affidavit
supplementing 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. In paragraph 10 of this affidavit dated 27 November 2014,
the Petitioner stated the following:
“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.”
21.
A copy of CM 18969/ 2014 and a
copy of the Petitioner’s affidavit dated 27 November 2014 was also sent by
email to Mr Deepak Verma.
22.
Immediately after this, on 1 December 2014, the Petitioner received an
email from Mr Deepak Verma, a copy of which is annexed hereto as Annexure P-2.
In his purported order dated 29 November 2014 recorded in this email, Mr Deepak
Verma has proceeded against the Petitioner exparte. The arbitration matter has
now been fixed for 4 January 2015.
23.
The alleged order of Mr Deepak Verma records that thus far, no fees has
been paid by the alleged claimant (GE India Industrial Private Limited) to the
arbitrator despite previous directions. (This further corroborates that K
Radhkrishnan had no authority to institute these arbitration proceedings).
24.
Another aspect clear from the email dated 1 December 2014 received by
the Petitioner from Mr Deepak Verma is that the full record of proceedings is
not being provided to her. Note that the alleged order dated 29 November 2014,
refers to a separate sheet annexed to the order recording the presence of
counsel for the Claimant, which sheet was not included in the email sent to the
Petitioner.
25.
Note also that the telephone numbers for the petitioner in this order
are both wrong. The Petitioner no longer uses the number 9958869955 since
January 2013. And the other number for her is incorrectly recorded as
9582716478 whereas the petitioner’s number is 9582716748. The petitioner had
earlier emailed Mr Deepak Verma pointing out that the mobile number for the
Petitioner in his correspondence was incorrect but it appears as if that
message also did not reach Mr Deepak Verma.
26.
On 13 February 2014, ManpreetLamba from AZB Partners emailed the
Petitioner annexing a scanned copy of the alleged statement of claim dated 10
February 2014 for this alleged arbitration. A true copy of ManpreetLamba’s
email dated 13 February 2014 is annexed hereto as Annexure P-3. A true copy of
this alleged statement of claim against the Petitioner filed before Mr Deepak
Verma is on the court record in this writ petition in volume 29 at pages 9841 -
10287. Since this document runs into 444 pages, the petitioner is not annexing
it to this application. The petitioner has already filed this alleged statement
of claim against her in this writ petition by diary number 53014/ 2014 on 21
March 2014.
27.
This alleged statement of claim against the Petitioner purports to be on
behalf of GE India Industrial Private Limited through Mr K R Radhakrishnan who
is described as the authorised signatory of GE India Industrial Private Limited
on page 1 of this alleged statement of claim.
28.
The index to this alleged statement of claim on page 4 refers to a
vakalatnama which is stated to be affixed at page 444. There is no page 444 or
vakalatnama in the statement of claim that was emailed to the Petitioner by
ManpreetLamba of AZB Partners. The entry for the alleged vakalatnama has been
added by hand while the rest of the index is typed out.
29.
The address for the alleged Claimant GE India Industrial Private Limited
is given as 401. 402, 4th Floor, Aggarwal Millenium Tower, E-1,2,3NetajiSubhash
Place, Wazirpur, Delhi, described as its registered office.
30.
Paragraph 1 of this alleged statement of claim states that “the claim
has been filed through Mr K R Radhakrishnan, who has been duly authorised in
this regard by the Claimant vide its board resolution dated May 7 2012 to
institute and do all that is necessary to effectively prosecute the same. The
paragraph states that a copy of this board resolution dated May 7, 2012 has
been annexed to the statement of claim as “Annexure C1”.
31.
Annexure C1 at pages 29-30 of this alleged statement of claim is a copy
of the same alleged board resolution dated 7 May 2012 of GE India Industrial
Private Limited that was first filed in this writ petition and which is annexed
as part of Annexure P-2 of the Petitioner’s application CM18969/ 2014.
32.
At pages 27-28 of this alleged statement of claim, is an alleged
affidavit of K R Radhakrishnan where he falsely states that he is competent to
swear and affirm the affidavit as an authorised signatory of the claimant who
has been duly authorised by the claimant. He states in this affidavit that the
claim has been drafted under his instructions and the contents are true and
correct to his knowledge. This affidavit is improper as the verification clause
does not disclose the source of K Radhakrishnan’s knowledge.
33.
Though this alleged statement of claim runs into 443 pages and contains
27 irrelevant annexures, the copy of the writ petition (WP Civil 1280/ 2012)
and pleadings in this matter (the most relevant documents) have not been
produced along with this statement of claim and have been deliberately
suppressed.
34.
In paragraph 16 of this alleged statement of claim, he following has
been stated about this writ petition:
“In addition to her widely disseminated
communications, as described herein above, the Respondent has also filed Writ
Petition No. 1280/ 2012 (“Writ Petition”) before the Hon’ble High Court of
Delhi making the same baseless allegations against inter alia the Claimant. It
is submitted that while the Claimant and the other respondents in the Writ
Petition are actively litigating the same, the Respondent has continued to file
confidential documents and information of the Clamant and its affiliates, in
her pleadings in the Writ Petition and has then circulated the entire pleadings
in the Writ Petition through hundreds of emails to nearly 200 recipients,
thereby committing further breaches of her confidentiality obligations by
disseminating the Claimant’s and its affiliates’ confidential documents and
information to hundreds of third party recipients. The Claimant is annexing
herewith the memo of parties and list of documents filed by the Respondent in
the Writ Petition filed by her in the Hon’ble High Court of Delhi with a view
to bring to the knowledge of this Hon’ble Tribunal the mischief being
perpetrated by the Respondent herein. The photocopies of the memo of parties
and the list of documents have been annexed herewith and marked as Annexure C17
and Annexure C18 respectively.”
35.
Note that this statement of claim does not produce the subject matter of
the writ petition, and suppresses the fact that the alleged confidential
documents/ information were already part of the court record of WP Civil 1280/
2012 by July 2012 and therefore were already in the public domain much before
this alleged arbitration was initiated, and even before the fraudulent OMP 647/
2012 was filed.
36.
The alleged statement of claim seeks the following relief from the
alleged sole arbitrator:
“aTo pass an award restraining permanently the
Respondent, her agents, representatives and / or anyone claiming under her from
henceforth circulating / disseminating in any manner whatsoever or howsoever,
including via posting to or maintaining on a publicly accessible forum on the
Internet, (i.e., a blog), to any third party / person / entity. Any kind of
business and / or technical information received and/or which became available
to the Respondent in the course of her engagement with the Claimant under the
Retainer Agreement;
b to pass an order or direction directing that the
Respondent return any and all confidential information of the Claimant which
are in her possession and control;
c to direct the Respondent to file an affidavit
setting out the confidential material belonging to the Claimant which the
Respondent has in her custody, possessionand/ or control, and to return the
same to the Claimant as also to delete all such information from her laptop,
desktop and/ or any other device in which the same may have been stored and to
confirm by way of the said affidavit that she has taken steps to delete all
such information from her records as well as to undertake to destroy all
hardcopies of all such confidential information in her possession and not to further
disseminate / transfer any such material
to any third parties;
d to
award the cost of these proceedings to the Claimant;”
37. The petitioner points out that as
set out in CM 18969/ 2014 and as repeated hereinafter, the alleged Board
resolution of GE India Industrial Private Limited dated 7 May 2012 does not
constitute K Radhakrishnan as the authorised signatory of GE India Industrial
Private Limited. This is a forged and fabricated document and further
admittedly this alleged board resolution contemplated the execution of a Power
of attorney in favour of K Radhakrishnan which K Radhaksrishnanhas himself
admitted on affidavit in this writ petition was never executed.
38.
The alleged board resolution dated 7 May 2012 could not therefore
authorise K Radhakrishnan to initiate, institute and prosecute the said
arbitration claim that has been filed before Mr Deepak Verma as sole
arbitrator. The said arbitration proceedings are therefore clearly unauthorised
and K Radhakrishnan has impersonated as the authorised signatory of GE India
Industrial Private Limited to institute those unauthorised, fraudulent and
illegal arbitration proceedings.
39.
No vakalatnamain favour of NanjuGanpathy or ManpreetLamba or any other
lawyer from AZB Partners has been produced appointing them as lawyers for GE
India Industrial Private Limited for the said arbitration proceedings. Further,
for the reasons set out in detail in this application, K Radhakrishnan is not
the authorised signatory of GE India Industrial Private Limited and could not
therefore sign a vakalatnama for GE India Industrial Private Limited.
40. This unauthorised and fraudulent
arbitration proceeding is illegal because it seeks to interfere with the
administration of justice in a whistleblower corruption writ petition pending
before this court, its seeks to silence the complainant-witness-whistleblower-petitioner
in this writ petition and prevent her from providing evidence of the complaints
of corruption, forgery, fraud, FCPA violations, bribery, illegal lobbying and
tender manipulation which are before this court in WP Civil 1280/ 2012.
41. The orders sought in this alleged
arbitration are against public policy and contrary to law and cannot be
granted. Mr Deepak Verma, is being misled by the impersonator K Radhakrishnan
and by lawyers NanjuGanpathy and ManpreetLamba from AZB & Partners and any
orders passed by him against the petitioner in the said arbitration proceedings
will amount to contempt of court and to criminal offences.
42.
The alleged statement of claim suppresses vital facts and this writ
petition from the alleged arbitrator.
43.
The appointment letter for the arbitrator has also been suppressed from
the petitioner.
44.
The facts relevant to this application are set out below. The petitioner
starts with narrating the fraud being committed by the impersonator K
Radhakrishnan in this writ petition and against this Court.
45.
Mr NanjuGanpathy and AZB & Partners (AZB) appeared for General
Electric Company in this matter on 9 May 2012. AZB continued to appear for
General Electric Company on 14, 16, 25,
29 and 30 May 2012; on 3,13, and 19 July 2012; on 12 October 2012; on 8, 19, 26
and 30 November 2012; and on 5 December 2012.
46.
The petitioner inspected the court record and discovered that AZB/
NanjuGanpathy (along with Rajiv Nayar, Sr Advocate) were appearing for General
Electric Company without having filed any vakalatnama. The petitioner filed CM
19370/ 2012 (on 6 December 2012) objecting to AZB representing General Electric
Company without filing a vakalatnama. AZB filed a vakalatnama on 7 December
2012. This application is lying unheard.
47.
On 10 December, 2012, CM 19370/ 2012 was listed before court and the
petitioner objected in court to AZB’s appearance for General Electric Company. On
this date, NanjuGanpathy lied to the court and stated that a vakalatnama had
been filed much earlier but was not on record. The electronic case history
maintained by the court registry establishes that Mr NanjuGanpathy misled the
court as there is no record of AZB having filed a vakalatnama before 7 December
2012.
48.
Avakalatnama filed by AZB on 7 December 2012 did not produce necessary
authority documents and was invalid in view of the Supreme Court of India’s
ruling in Uday Shankar Triyar v. Ram Kalewar Prasad Singh [(2006) 1 SCC 75]
which holds that a vakalatnama on behalf of a company must either bear the
company seal or it must mention the name and designation of the person signing
the vakalatnama (on behalf of the company) below the signature AND a copy of
the authority must be annexed to the vakalatnama. The Supreme Court further
clarified that if a vakalatnama is executed by a power-of-attorney holder of a
party, the failure to disclose that it is being executed by an attorney holder
and failure to annex a copy of the power of attorney will render the
vakalatnama defective.
49.
The petitioner filed CM 19683/2012 on 14 December 2012 pointing out that
the vakalatnama dated 7 December 2013 was invalid and did not annex the
required authority documents. AZB filed another vakalatnama for General
Electric Company on 17 December 2012. This vakalatnama is signed by one Mr
KRadhakrishnan who is company secretary of an Indian subsidiary of General
Electric Company. This Indian subsidiary (GE India Industrial Private Limited)
is separately impleaded as respondent 6.
50.
K Radhakrishnan claims to be authorised signatory for General Electric
Company under a Power of Attorney (POA) dated 4 May 2012 issued in his favour
by Alexander Dimitrief of General Electric Company.
51. K Radhakrishnan has filed an affidavit in
the writ petition through AZB on 7 January 2013. This affidavit produces an
extract from the Board Minutes of General Electric Company (last revised on
November 6, 2009) containing a Board Resolution (hereinafter referred to as the
Board Resolution) which describes and limits the authority of individuals to
sign documents (including court pleadings) on behalf of General Electric
Company.
52.
This affidavit also produces the alleged POA dated 4 May 2012 and a
statement dated 17 December 2012 made and signed by Mr Brackett Denniston,
General Counsel and Secretary of General Electric Company. (This affidavit
falsely and perjuriously states in paragraph 2 that this signed statement dated
17 December 2012 issued by Mr Brackett Denniston is a board resolution issued
by General Electric Company.)
53.
Alexander Dimitrief was Vice President, Litigation & Legal Policy of
General Electric Company from 9 February 2007 until November 1, 2011 when he was
appointed as General Counsel of GE Energy. On May 4, 2012, the date on which
the POA was allegedly executed, Alexander Dimitrief was General Counsel of GE
Energy. The writ proceedings pertain to GE Transportation and not to GE Energy.
(Both are separate business units/ divisions of General Electric Company).
54.
The Board Resolution of General Electric Company describes and limits
the authority of individuals to sign documents (including court pleadings) on
behalf of General Electric Company. The relevant clause is Paragraph A which
confers authority to sign powers of attorney and court pleadings on behalf of
General Electric Company upon certain individuals. Under Paragraph A of the
Board Resolution, the following persons are “Authorized Persons” who can sign
powers of attorney and court pleadings on behalf of General Electric Company:
(i)
Chairman of the Board
(ii) A
Vice Chairman of the Board
(iii) An
Executive Vice President
(iv)
A Senior Vice President
(iv) A
Vice President reporting directly to the Chairman or a Vice Chairman of the
Board
(v) The
Comptroller
(vi) The
Treasurer
(vii) The
Secretary
(ix) Any
Vice President who is a corporate staff officer of the Company
55. These “Authorized Persons” can
“execute” on behalf of General Electric Company, the instruments of the type
described in Paragraph A of the Board Resolution. These instruments described
in Paragraph A are the following:
“Any contract, lease, licence, assignment, bond or
other obligation, conveyance, power of attorney, guarantee, proxy, court
pleading, release, tax return and related documents, or other instruments”.
56.
The second part of Paragraph A of the Board Resolution also states that
the following company employees may “sign” any instrument of the type described
in Paragraph A which relates to the component or function or Division or
Department to which such company employee is assigned:
(a) An
Operational Officer of the Company
(b) A Manager
of the Company
(c) A formally
designated Acting Manager of the Company
57.
Neither the “Authorized Persons” nor any employee of the Company can
delegate to “others” the authority to execute/ sign on behalf of General
Electric Company, instruments of the type described in Paragraph A of the Board
Resolution.
58.
Only the Chairman of the Board or a Vice Chairman of the Board is authorized
under Paragraph B of the Board Resolution to delegate to “others”, the
authority to execute contracts and other instruments on behalf of the Company.
59.
The last sentence of Paragraph A, and Paragraphs C, D, E, and F provide
limited authority on identified individuals to delegate to others the authority
to sign on behalf of General Electric Company certain limited types of
contracts and instruments. These provisions are not relevant for the POA dated
May 4, 2012 as the POA does not fall within the description of the types of
instruments covered by these provisions. The POA dated 4 May 2012 is not
covered by the last sentence of Paragraph A, or by Paragraphs C, D, E, F and G
of the Board Resolution.
60.
The provisions of the Board Resolution applicable to the POA dated 4 May
2012 are Paragraph A (excluding its last sentence) and Paragraph B.
61.
The POA dated 4 May 2012 allegedly executed by Alexander Dimitrief
purportedly does the following:
(a) It purports
to delegate to K Radhakrishnan the authority to execute vakalatnamas or powers
of attorney on behalf of General Electric Company.
(b) It
purports to delegate to K Radhakrishnan the authority to execute court
pleadings on behalf of General Electric Company.
(c) It
purports to delegate to K Radhakrishnan the authority to give undertakings,
representations, confirmations, consents and statements of responsibility in
the name of and on behalf of General Electric Company.
(d) It
purports to authorize K Radhakrishnan to accept service of summons and notices
from a Court on behalf of General Electric Company.
62.
Under the original document (the Board Resolution) conferring authority
on him, Alexander Dimitrief did not/ does not have the authority to delegate to
any person the authority to execute vakalatnamas or powers of attorney on
behalf of General Electric Company; or the authority to execute court pleadings
on behalf of General Electric Company; or the authority to give undertakings,
representations, confirmations, consents and statements of responsibility in
the name and on behalf of General Electric Company.
63.
Therefore Alexander Dimitrief could not have delegated/ can not delegate
to K Radhakrishnan (or to any other person) the authority to execute
vakalatnamas or powers of attorney on behalf of General Electric Company; or
the authority to execute court pleadings on behalf of General Electric Company;
or the authority to give undertakings, representations, confirmations, consents
and statements of responsibility in the name and on behalf of General Electric
Company.
64.
The POA dated May 4, 2012 allegedly executed by Alexander Dimitrief on
behalf of General Electric Company is in excess of the authority vested in
Alexander Dimitrief under the Board Resolution and is therefore illegal,
unauthorised and invalid and it can confer no authority on K Radhakrishnan.
65.
This analysis is also supported by other provisions of the Board
Resolution. The last recital on page one of the Board Resolution stipulates
that it will not confer “any authority to approve transactions underlying the
documents to be signed over and above that which is possessed by the signer
either by virtue of the power inherent in that individual’s position with the
Company or by virtue of a delegation of authority to that individual by the
Board of Directors or higher management”.
66.
Paragraph H of the Board Resolution also confirms that any delegation of
authority must be expressly authorized by the Board Resolution and that
Authority can be delegated only pursuant to the last sentence of Paragraph (A),
or pursuant to Paragraphs (B), (C), (D), (E) or (F) of the board resolution.
None of these provisions authorize Alexander Dimitrief to delegate to any
person, the authority to execute powers of attorneys and/ or court pleadings on
behalf of General Electric Company.
67.
The petitioner has raised an objection that Alexander Dimitrief was not
an Authorized Person in terms of Paragraph A of the Board Resolution on 4 May
2012, and neither was he the Operational Officer of the Company in charge of
litigation as he had demitted the office of Vice President, Litigation &
Legal Policy of General Electric Company on November 1, 2011.
68.
Mr Brackett Denniston’s signed statement dated 17 December 2012 annexed
to the affidavit of K Radhakrishnan claims that until Mr Bradford Berenson was
appointed as Mr Alexander Dimitrief’s replacement, the latter “continued to be
authorized to issue powers of attorney and other instruments on behalf of
General Electric Company in relation to matters of litigation and legal policy
in terms of the Resolution”. No evidence or document has been produced by Mr
Brackett Denniston to support this contention. Given that the Board Resolution
of General Electric Company limits the authority of individuals to execute
instruments on behalf of the company, this authority cannot be expanded suo
moto by Mr Brackett Denniston. Mr Alexander Dimitrief was admittedly no longer
the Operational Officer looking after litigation for General Electric Company
on 4 May 2012 and as such he had no authority to execute the POA dated 4 May
2012.
69.
Even assuming without admitting, that Alexander Dimitrief was on 4 May
2012, authorized (as an Operational Officer of the Company looking after
litigation & legal policy) under Paragraph A of the Board Resolution to “sign” powers of attorney and/ or court
pleadings on behalf of General Electric Company in relation to litigation &
legal policy; he certainly had no authority to further delegate his authority
to others. Alexander Dimitrief could not have delegated the authority to
execute/ sign powers of attorney and court pleadings on behalf of General
Electric Company to K Radhakrishnan. The POA dated 4 May 2012, under which K
Radhakrishnan claims to be the authorized signatory and attorney of General
Electric Company is unauthorized, illegal and invalid and can confer no such
authority upon K Radhakrishnan.
70.
K Radhakrishnan is therefore not an authorised signatory of General
Electric Company and the vakalatnama executed by him appointing AZB to
represent the Company is invalid. Similarly, the several affidavits/
applications executed and filed by K Radhakrishnan through AZB on behalf of
General Electric Company in this matter are unauthorised, false and perjurious.
71. Brackett Denniston, Senior Vice President,
General Counsel and Secretary of General Electric Company has in his signed
statement dated 17 December 2012 annexed to the affidavit dated 7 January 2013,
purported to ratify the execution of the Power of Attorney dated 4 May 2012 on
behalf of General Electric Company and in favor of K Radhakrishnan.
72.
Brackett Denniston cannot ratify the execution of this POA as he himself
could not have executed this POA. Just like Alexander Dimitrief, Brackett
Denniston being an “Authorized Person” in terms of Paragraph A of the Board
Resolution is only authorized to himself execute on behalf of General Electric
Company the instruments of the type described in Paragraph A. The Board
Resolution does not authorize Brackett Denniston to further delegate this
authority to other persons. Brackett Denniston himself did not/ does not have
the authority to execute a POA delegating to K Radhakrishnan the authority to
execute powers of attorney and court pleadings on behalf of General Electric
Company. It follows that Brackett Denniston does not have the authority to
ratify an action on behalf of General Electric Company which action he himself
is not authorized to undertake.
73.
The only persons who are authorized under the Board Resolution to
delegate to other persons the authority to execute powers of attorney and court
pleadings on behalf of General Electric Company are the Chairman and/ or the
Vice Chairman of the Board (by virtue of Paragraph B of the Board Resolution).
74.
Accordingly, only the Chairman or Vice Chairman of the Board of General
Electric Company can ratify the POA dated 4 May 2012. It is also pointed out that mere ratification
of the POA dated 4 May 2012 will not suffice. In addition, the Chairman and/ or
Vice Chairman of the Board would have to separately verify and ratify each and
every affidavit filed in this writ petition by K R Radhakrishnan on behalf of
General Electric Company. It is pointed out that all these affidavits are not
only unauthorized but are substantively false and the deponent of these
affidavits (K Radhakrishnan) is liable to be prosecuted and punished for the
offences of perjury, cheating and impersonation.
75.
This unauthorized and fraudulent representation of General Electric
Company by K Radhakrishnan and by AZB is an elaborate fraud being perpetrated
on the Delhi High Court, on General Electric Company, on the Government of
India and on the petitioner. This fraud is being perpetrated by senior legal
officers of General Electric Company (including Brackett Denniston, Alexander
Dimitrief, Bradford Berenson and Jeffrey Eglash) acting in collusion with F
Joseph Warin and John Chesley from Gibson Dunn & Crutcher and with Zia Mody
and NanjuGanpathy of AZB & Partners.
76.
The complaints that are the subject matter of this petition are against
General Electric Company and several of its officers/ executives and in-house
lawyers. The alleged in-house investigation into the petitioner’s complaints
was carried out by General Electric Company through an in-house lawyer, Mr
Jeffrey Eglash under the direct supervision of Brackett Denniston and Alexander
Dimitrief. The letter dated 3 February 2011 sent to the Petitioner by General
Electric Company misrepresenting facts and covering up the complaints of
obstruction of justice, corruption, fraud and forgery was signed by Alexander
Dimitrief. Brackett Denniston and Alexander Dimitrief are both personally
implicated in the petitioner’s complaints as are other very high-level
officers/ executive/ lawyers / former employees of General Electric Company
including Jeffrey Immelt, John Rice, John Flannery, Lorenzo Simonelli, Tara
Plimpton, Mona Dange, Deepak Adlakha, Puneet Mahajan, Pratyush Kumar, AshfaqNainar,
Scott Bayman, and Ruby Anand.
77.
It is pointed out that the POA dated 4 May 2012, omits to mention/
specify the number or cause title or any identifying feature or the nature/
character/ subject matter of the writ petition.
78. The fact of this fraud being
committed on the Delhi High Court is further confirmed by a strange provision
in the POA dated 4 May 2012. Clause 6 of this POA provides that the powers
conferred by the POA “shall not be prejudiced, determined or otherwise affected
by the fact of the Grantor acting either directly or through another agent or
attorney in respect of all or any of the purposes herein contained”.
79.
This clause therefore raises the likelihood that the “unauthorized” instructions
being sent to K Radhakrishnan and/ or to AZB are not being sent directly from
General Electric Company but via other intermediaries/ agents/ attorneys.
Multiple layers of separation between General Electric Company (and its legal
officers) and these court proceedings are being maintained.
80.
In April 2012, when the petitioner attempted to serve the court notice
and the writ petition on General Electric Company at its corporate head-office
in Fairfield (Connecticut) in the United States, the courier was diverted by
Jeffrey Eglash (a lawyer in General Electric Company) to the New York office of
the law firm of Gibson Dunn & Crutcher.
The cover up of the petitioner’s complaints is being facilitated by
Gibson Dunn & Crutcher.
81.
It appears that no official record of these writ proceedings is
available within the internal records of General Electric Company. It appears
as if this writ petition has not been officially brought to the notice of
senior management of General Electric Company including senior legal officers
like Mr Brackett Denniston, Mr Alexander Dimitrief, and Mr Bradford Berenson.
This is to prevent any accountability and responsibility on their part for the
false affidavits that are being filed in this matter purporting to be on behalf
of General Electric Company.
82.
AZB has continued to appear for General Electric Company in court in
this matter without authority on subsequent dates including on 12, 19, 20 and
21 December 2012; on 7, 14, 16, 23, and 24 January 2013; on 4, 15 and 27
February 2013; on 18 March 2013; on 1, 11, 12, 18, 22 and 29 April, 2013; on 1,
3, 16, 22 and 31 May 2013.
83.
Though the petitioner has raised this issue before the court on several
dates and in subsequent applications, the Bench has so far failed to even take
up this issue for hearing, arguments and decision.
84.
The issue is very simple. The POA dated May 4, 2012 through which K
Radhakrishnan and AZB & Partners claim to represent General Electric
Company in these writ proceedings is illegal and invalid because such POA could
not have been executed by Alexander Dimitrief under the Board Resolution
through which Alexander Dimitrief claims his authority.
85.
K Radhakrishnan cannot therefore act for and represent General Electric
Company in these writ proceedings and AZB & Partners cannot appear for
General Electric Company as the vakalatnama in their favor signed by K
Radhakrishnan is invalid.
86.
This fraud on the Delhi High Court is a serious matter. General Electric
Company is accused of corrupt and illegal activities in this writ petition in
connection with high-value Railway Ministry tenders for diesel and electric
locomotive factories. The Delhi High Court issued notice to General Electric
Company and directed it to file its reply. Instead of complying with the court
order, senior legal management of General Electric devised an elaborate scheme
to defraud the court and to avoid filing appropriate affidavits and replies.
Through this fraudulent scheme effectuated with the help of external lawyers
from Gibson Dunn & Crutcher and from AZB & Partners, senior legal
management of General Electric Company has caused an unauthorised person (K
Radahakrishnan) to file unauthorised, false and evasive affidavits before the
court misrepresenting these as affidavits being filed on behalf of General
Electric Company.
87.
It is basic and settled law that no person can claim to represent a
legal entity like a company in court proceedings without being duly authorised
in accordance with law and without producing such duly executed authority
documents. It is also basic and settled law that no lawyer can represent a
party in court proceedings without placing on record a vakalatnama duly
executed by such party authorising the lawyer to represent it.
88.
The Court has no discretion to allow a company to be represented in
court proceedings by an individual who has failed to produce valid and
sufficient authority documents and has failed to establish his authority to
represent the company. The Court has no
discretion to permit a lawyer to represent a party in the absence of a duly
executed and valid vakalatnama.
89.
This fraud also constitutes a major breach of corporate governance
principles and laws by the senior management of General Electric Company and is
an issue for US regulators and the US Department of Justice to
investigate. The petitioner has brought
this matter to the attention of the United States Embassy in New Delhi, the US
SEC and the United States Department of Justice.
90.
This application also raises the issue of the unauthorised and
fraudulent representation of GE India Industrial Private Limited and GE Global
Sourcing India Private Limited by AZB & Partners before the Delhi High
Court in Writ Petition (Civil) 1280/ 2012 – in the matter of Seema Sapra v.
General Electric Company and Others.
91.
I now describe how K R Radhakrishnan and NanjuGanpathy and AZB &
Partners are also fraudulently claiming to represent the two Indian
subsidiaries of General Electric Company who are respondents 5 and 6 in this
writ petition without being duly authorised and without legal and valid
authority documents.
92.
Respondent 6 is GE India Industrial Private Limited (hereafter referred
to as GE India) while Respondent 7 is GE Global Sourcing India Private Limited
(GE Global Sourcing India).
93.
Mr NanjuGanpathy and AZB & Partners (AZB) appeared for GE India and
GE Global Sourcing India in this matter on 9 May 2012. AZB continued to appear
for GE India on 14, 16, 25, 29 and 30 May 2012; on 3, 13, and 19 July 2012; and
on 12 October 2012.
94.
On 4 July 2012, AZB filed an alleged counter affidavit/ reply to the
writ petition purporting to be the response of all three General Electric
respondents i.e., General Electric Company, GE India Industrial Private Limited
and GE Global Sourcing India Private Limited (respondents 1, 6 and 7
respectively).
95.
This document dated filed on 4 July 2012, was allegedly signed by one K
Radhakrishnan, and merely states that K Radhakrishnan was the authorized
signatory of respondents 1, 6 and 7. The document contains a verification
clause which was signed but not affirmed before an oath commissioner. A two
page affidavit of K Radhakrishnan attached to this document merely states that
K Radhakrishnan is the authorised signatory of respondents 1, 6 and 7 in the
matter “pursuant to the powers of attorney executed in my favour in this
regard”. Neither these alleged powers of attorney nor any other authority
documents were annexed to this document which otherwise contained thirteen
annexures with the document itself running to 206 pages.
96.
On 12 October, 2012, the petitioner pointed out to the court that no
authority documents had been placed on record to establish that K Radhakrishnan
was authorized to represent respondents 1, 6 and 7 and as a result the
following direction was issued by the court in its order dated 12 October 2012:
“Ms Seema Sapra, petitioner in person, opposes the
condonation of delay of one day on the ground that the counter affidavit by
itself ought not to be on record as the person who has sworn the affidavit,
i.e., Mr.K.R. Radhakrishnan is not authorized to file the counter affidavit, on
behalf of respondent no. 1. Even while, Ms Sapra says that this objection is
confined to respondent no. 1 only, she adds that no documents had been filed on
record to show that there is authority vested in Mr.K.R. Radhakrishnan, on
behalf of respondent nos. 6 and 7 as well.
Mr Ganpathy, who appears for respondent nos. 1, 6 and
7, says that he will place the requisite documents on record.
Let the same be done within two weeks.”
97. On 19 October, 2012, AZB filed three
documents which were not supported by affidavit. These three documents were a power of
attorney dated 4 May 2012 alleged executed by Alexander Dimitrief on behalf of
General Electric Company and alleged copies of two alleged board resolutions
dated 7 May 2012 passed by respondents 6 and 7 (GE India Industrial Private
Limited and GE Global Sourcing India Private Limited). The index (table of
contents) accompanying these documents and signed by a lawyer from AZB & Partners
wrongly described the contents as “Power of Attorney on behalf of Respondents
1, 6 & 7”. No powers of attorney were produced for respondents 6 and 7.
Instead the documents placed on record were alleged copies of alleged board
resolutions dated 7 May 2012 of respondents 6 and 7 which merely authorised a
Director of these companies to execute powers of attorney in favour of K
Radhakrishnan. The copies of the two alleged board resolutions placed on record
were also not authenticated and certified as true copies in accordance with law
and practice.
98.
Mr NanjuGanpathy and AZB & Partners (AZB) continued to appear for GE
India and GE Global Sourcing India in this matter on 8, 19, 26 and 30 November
2012; and on 5 December 2012.
99. The petitioner inspected the court record
and discovered that AZB/ NanjuGanpathy (along with Rajiv Nayar, Sr Advocate)
were appearing for GE India and GE Global Sourcing India without having filed
any vakalatnamas. The petitioner filed CM 19370/ 2012 (on 6 December 2012)
objecting to AZB representing GE India and GE Global Sourcing India without
filing vakalatnamas. AZB filed three separate vakalatnamas on 7 December 2012,
two of which purported to appoint AZB to represent GE India and GE Global Sourcing
India.
100. On
10 December 2012, CM 19370/ 2012 was listed before court and the petitioner
objected in court to AZB’s appearance for GE India and GE Global Sourcing
India. On this date, NanjuGanpathy lied to the court and stated that vakalatnamas
had been filed much earlier but were not on record. The electronic case history
maintained by the court registry establishes that Mr NanjuGanpathy misled the
court as there is no record of AZB having filed vakalatnama(s) before 7
December 2012.
101. The vakalatnamas filed by AZB on behalf
of GE India and GE Global Sourcing India on 7 December 2012 did not produce
necessary authority documents and were invalid in view of the Supreme Court of
India’s ruling in Uday Shankar Triyar v. Ram Kalewar Prasad Singh [(2006) 1 SCC
75] which holds that a vakalatnama on behalf of a company must either bear the
company seal or it must mention the name and designation of the person signing
the vakalatnama (on behalf of the company) below the signature AND a copy of
the authority must be annexed to the vakalatnama. The Supreme Court further
clarified that if a vakalatnama is executed by a power-of-attorney holder of a
party, the failure to disclose that it is being executed by an attorney holder
and failure to annex a copy of the power of attorney will render the
vakalatnama defective.
102.
The petitioner filed CM 19683/2012 on 14 December 2012 pointing out that
the vakalatnamas dated 7 December 2013 were invalid and did not annex the
required authority documents.
103.
AZB then filed two other affidavits on 17 December 2012 signed and
verified by K Radhakrishnan.
104. An
affidavit filed by K R Radhakrishnan on 17 December 2012 is an alleged reply to
CM 18642/ 2012 (it begins at page 3874 in volume 11 of the court record). This
affidavit contains the following statement at page 3878 of the court record:
“… the Respondent Nos. 6 and 7 issued Board
Resolutions authorizing Mr K R Radhakrishnan to take all necessary steps to
prosecute and/ or defend the said two entities. It would further be necessary
to mention that no Power of Attorney as envisaged in each of the said Board
Resolutions was issued as the Board Resolution(s) issued clearly empowered and
authorized Mr K R Radhakrishnan to do all that was necessary to effectively
prosecute and/ or defend actions to be initiated by these entities and/ or
initiated against these entities.”
105.
The above statement is false in so far as it states that the alleged
Board Resolutions dated 7 May 2012 (for GE India and GE Global Sourcing India)
themselves empowered and authorised K R Radhakrishnan to defend this writ
petition on behalf of GE India and GE Global Sourcing India.
106. On
the contrary, the board resolutions dated 7 May 2012 allegedly issued by GE
India and GE Global Sourcing India clearly contemplated the execution of powers
of attorney in favour of K Radhakrishnan. These alleged board resolution
stated: “RESOLVED FURTHER THAT a Power of Attorney be executed for this purpose
in favour of K R Radhakrishnan and any one Director of the Company be and is
hereby authorised to sign the same for and on behalf of the company”. In his
affidavit dated 17 December 2012, at page 3878 of the court record, K
Radhakrishnan clearly admits that the powers of attorney contemplated by the
board resolutions dated 7 May 2012 were never issued/ executed in his favour.
The legal effect of this failure/ omission to execute powers of attorney on
behalf of GE India and GE Global Sourcing India in favour of K Radhakrishnan is
that he was never appointed as the “attorney” for these companies. He therefore
at no time had the authority to sign vakalatnamas and affidavits on behalf of
GE India and GE Global Sourcing India in favour of AZB for the purposes of this
writ petition.
107.
There is another crucial defect in the alleged board resolutions dated 7
May 2012 under which K Radhakrishnan first claimed the authority to represent
GE India and GE Global Sourcing India. These board resolutions purport to
authorize the execution of a power of attorney in favour of K Radhakrishnan to
act for these companies in connection with “Proceedings” which are defined in
the board resolutions as follows:
“initiate proceedings before the Bar Council of Delhi
(under the provisions of the Bar Council of India Rules) or Bar Council of
India or any Civil Courts, Criminal Courts, High Courts, Supreme Court of India
or before any other Quasi-Judicial authority, Tribunal, Government Authority or
Local authority, against Ms. Seema Sapra, an advocate enrolled with the Bar
Council of Delhi (“Proceedings”)”
108.
The “Proceedings” covered by these Board Resolutions dated 7 May 2012
therefore do not include this writ petition filed by the Petitioner in February
2012 against GE India and GE Global Sourcing India. The subject matter of the
Board Resolutions dated 7 May 2012 was limited to proceedings that these
companies might initiate against the Petitioner and did not include proceedings
already initiated against these companies by the Petitioner.
109.
Another affidavit filed by AZB and signed and verified by K R
Radhakrishnan on 17 December 2012.is wrongly labelled as the “Confirmatory
Affidavit on behalf of Respondents 1, 6 and 7” and is on the court record in
volume 11 starting from page 3856. This affidavit states that K R Radhakrishnan
is the company secretary of respondent 6, i.e. GE India.
110.
This affidavit signed and verified by K R Radhakrishnan contains the
following misrepresentations:
(i) It
misrepresents that the alleged board resolutions dated 7 May 2012 authorised K
R Radhakrishnan to act for GE India and GE Global Sourcing India for the
purposes of the present writ petition and misrepresents that K R Radhakrishnan
was the duly constituted attorney for GE India and GE Global Sourcing India
when he signed and verified and caused affidavits to be filed on behalf of
these companies in this writ petition.
(ii) It
misrepresents that in July 2012, K R Radhakrishnan signed vakalatnamas for
respondents 1, 6 and 7 in favor of AZB for the purposes of this writ petition.
The single vakalatnama in favor of AZB that K R Radhakrishnan claims to have
signed on or about 2 July 2012 appears to be the vakalatnama that AZB used to
file the fraudulent OMP 647/ 2012 on behalf of GE India and against the
Petitioner as respondent.
111.
This affidavit then goes on to produce copies of new board resolutions
dated 17 December 2012 allegedly passed by GE India and GE Global Sourcing
India under which K R Radhakrishnan now claims to be the duly constituted
attorney for GE India and GE Global Sourcing India instead of under the earlier
board resolutions dated 7 May 2012. These alleged new board resolutions dated
17 December 2012 are very strange documents that attempt to masquerade as
powers of attorney and in fact misrepresent themselves as powers of attorney.
112.
These alleged board resolutions dated 17 December 2012 record that the
consent of the Boards of GE India and GE Global Sourcing India is accorded to
authorise and appoint K R Radhakrishnan (the Company Secretary of GE India) as
the attorney of these companies interalia to defend proceedings initiated
against these companies by the Petitioner in the Delhi High Court. These board
resolutions do not contain the usual provision authorising the execution of the
power of attorney instrument.
113.
Instead in their final paragraph, these board resolutions claim to be
the power of attorney instruments themselves and state: “RESOLVED FURTHER THAT
this power of attorney is governed by, and shall be construed in accordance
with the laws of India and shall remain in full force and effect until it is
revoked by the company in writing or until December 16, 2014 whichever occurs
earlier”.
114.
The fraud being perpetrated on the court is extremely evident. In the
first instance, the source of Radhakrishnan’s authority to represent GE India
and GE Global Sourcing India is described as powers of attorney. Board
resolutions dated 7 May 2012 are then produced which do not cover the instant
proceedings and which envisage the execution of powers of attorney which are
admittedly never executed. Vakalatnamas are not filed. Affidavits are signed
and filed by K R Radhakrishnan even though he was not duly constituted as the
attorney for the companies.
115.
Once this fraud is exposed, a second attempt at fraudulently deceiving
this court is made. In this second round of fraud, alleged board resolutions
dated 17 December 2012 are produced which themselves claim to be the power of
attorney instruments.
116.
Before delving into the legal issue of whether or not these alleged
board resolutions are powers of attorney and can directly appoint K R
Radhakrishnan as the attorney of the companies, it is pointed out that the
copies of the alleged board resolutions dated 7 May 2012 and 17 December 2012
placed on record are not certified and authenticated as per usual practice and
law. The certified minutes containing these board resolutions have not been
placed on record.
117. A
comparison of the letterheads on which “copies” of the two alleged board
resolutions for GE Global Sourcing India have placed on record raises the
suspicion that these documents are not genuine. The letterheads on which these
two board resolutions are printed are different even though they are for the
same company and were apparently signed in May and December of 2012.
118.
The two alleged board resolutions dated 7 May 2012 do not bear the
company seal for GE India and GE Global Sourcing India. The GE logo on the
letterheads on which these board resolutions are printed is illegible. The
persons who have signed these documents are not identified.
119.
The two alleged board resolutions dated 17 December 2012 also do not
bear the company seals and are merely stamped with a rubber stamp. The letterhead on which the alleged board
resolution for GE India dated 17 December 2012 is printed also has a blurred
and obscured GE logo.
120.
Another unusual aspect about the two board resolutions dated 17 December
2012 is that both were apparently passed by circulation on 17 December 2012 and
the vakalatnamas signed pursuant thereto are also dated 17 December 2012 and
the affidavit that places these board resolutions on the court record was
signed, verified and filed also on 17 December 2012.
121.
The issue before the court is do the two board resolutions dated 17
December 2012 constitute powers of attorney appointing K R Radhakrishnan as the
duly constituted attorney for respondents 6 and 7, i.e., for GE India and for
GE Global Sourcing India.
122.
The Powers of Attorney Act, 1882 defines a power of attorney as “any
instrument empowering a specified person to act for and in the name of the
person executing it.”
123. A
Power of Attorney therefore is a written legal instrument executed by the
person devolving the power of attorney on another “specified person” and thereby
empowering the specified person to act for and in the name of the person
executing the instrument.
124.
Section 46 of the Companies Act provides:
“Form of contracts
(1) Contracts on behalf of a company may be made as
follows:—
(a) a contract which, if made between private persons,
would by law be required to be in writing signed by the parties to be charged
therewith, may be made on behalf of the company in writing signed by any person
acting under its authority, express or implied, and may in the same manner be
varied or discharged;
(b) a contract which, if made between private persons,
would by law be valid although made by parole only and not reduced into
writing, may be made by parole on behalf of the company by any person acting
under its authority, express or implied, and may in the same manner be varied
or discharged.
(2) A contract made according to this section shall
bind the company.”
125. A
power of attorney on behalf of a company would therefore fall within Clause
1(a) of Section 46 of the Companies Act and is required to be in writing and
executed/ signed on behalf of the company by a person acting under the
authority of the company.
126.
Section 48 of the Companies Act provides:
“Execution of Deeds
(1) A company may, by writing under its common seal,
empower any person, either generally or in respect of any specified matters, as
its attorney, to execute deeds on its behalf in any place either in or outside
India.
(2) A deed signed by such an attorney on behalf of the
company and under his seal where sealing is required, shall bind the company
and have the same effect as if it were under its common seal.”
127.
Under Indian law, a power of attorney executed on behalf of a company
must be a written instrument signed by an authorized signatory for and on
behalf of the company.
128.
Admittedly, the powers of attorney envisaged under the board resolutions
dated 7 May 2012 in favour of K R Radhakrishnan were never executed.
129.
The new alleged board resolutions dated 17 December 2012 placed on
record by AZB purport to directly appoint K R Radhakrishnan as the attorney of
GE India and GE Global Sourcing India without the execution of written powers
of attorney in favour of Radhakrishnan signed by an authorized signatory of
these companies. This is not permissible under Indian law.
130.
The documents described as copies of the board resolutions dated 17
December 2012 placed on record with Radhakrishnan’s affidavit dated 17 December
2012 cannot and do not in law appoint K R Radhakrishnan as the attorney for
these companies.
131. A
board resolution of a company is not a written instrument/ contract executed on
behalf of the company. Board resolutions by themselves cannot appoint someone
as an attorney of the company as this can only be done through a written
instrument duly executed on behalf of the company by an authorized signatory
signing such an instrument in the name of, for and on behalf of the company.
This has admittedly not been done in the present case.
132. K
R Radhakrishnan is therefore not a duly constituted attorney for GE India or
for GE Global Sourcing India.
133. It
is pointed out that the board resolutions dated 7 May 2012 and 17 December 2012
omit to mention/ specify the number or cause title or any identifying feature
or the nature/ character/ subject matter of the writ petition.
134.
The fact of this fraud being committed on the Delhi High Court is further
confirmed by a strange provision in the board resolutions dated 7 May 2012 and
17 December 2012. All these board resolutions provide that the powers conferred
“shall not be prejudiced, determined or otherwise affected by the fact of the
Company acting either directly or through another agent or attorney in respect
of all or any of the purposes herein contained”.
135.
This clause therefore raises the likelihood that the “unauthorized”
instructions being sent to K R Radhakrishnan and/ or to AZB are not being sent
directly from GE India or from GE Global Sourcing India but via other
intermediaries/ agents/ attorneys. Multiple layers of separation between the
companies (and their legal officers) and these court proceedings are being
maintained.
136.
The vakalatnamas dated 17 December 2012 purportedly signed by him in
favour of AZB on behalf of GE India and GE Global Sourcing India are therefore
unauthorized and invalid.
137.
The several affidavits signed and filed in this matter by K R
Radhakrishnan on behalf of GE India and GE Global Sourcing India are also
unauthorized as well as being false and perjurious.
138.
AZB has continued to appear for GE India and GE Global Sourcing India in
court in this matter without authority on subsequent dates including on 12, 19,
20 and 21 December 2012; on 7, 14, 16, 23, and 24 January 2013; on 4, 15 and 27
February 2013; on 18 March 2013; on 1, 11, 12, 18, 22 and 29 April, 2013; on 1,
3, 16, 22 and 31 May 2013.
139.
Though the petitioner has raised this issue before the court on several
dates and in subsequent applications, the Bench has so far failed to even take
up this issue for hearing, arguments and decision.
140.
Given that K R Radhakrishnan and AZB are not authorized to represent
General Electric Company or its two Indian subsidiaries, GE India Industrial
Private Limited or GE Global Sourcing India Private Limited, no affidavit or
application filed by AZB in this matter on behalf of respondents 1, 6 and 7 should
be considered or heard by the court until the court hears and decides the
issues raised herein regarding the lack of authority in K R Radhakrishnan and
AZB to represent these respondents.
141. On
17 July, 2013, I applied to inspect the court file. The file was first not made
available to me and my application was returned with an invalid objection. I
complained to the Registrar General of the Delhi High Court and upon her
intervention, I was finally able to inspect the court file.
142. I
found that AZB has filed three fresh vakalatnamas on 16 July 2013 which have
been placed in the “B” folder of the court file. These three vakalatnamas are
also signed by K R Radhakrishnan. The fresh vakalatnamas dated 16 July 2013 for
GE India and GE Global Sourcing India rely upon the alleged board resolutions
dated 17 December 2012. The fresh vakalatnama filed by AZB on 16 July 2013 for
General Electric Company (respondent 1) produces a new power of attorney
allegedly executed on 29 April 2013 by Mr Bradford Berenson on behalf of
General Electric Company and allegedly apostilled in the United States on 10
May 2013. Certified copies of the three vakalatnamas and the copy of the
alleged POA dated 9 April 2013 executed by Bradford Berenson as filed by AZB on
16 July 2013 have already been placed on the court record by the petitioner.
143. As
already dealt with above, these alleged board resolutions dated 17 December
2012 do not constitute Radhakrishnan as the constituted attorney for GE India
and GE Global Sourcing India and do not confer upon him any authority to
execute vakalatnamas for GE India and for GE Global Sourcing India.
144.
The fresh vakalatnamas dated 16 July 2013 filed by AZB in this matter
for respondents 6 and 7 (GE India and GE Global Sourcing India) are therefore
invalid and do not confer any authority on AZB to represent these respondents
in this writ petition.
145.
The fresh vakalatnamadated (9 May 2013) filed by AZB on 16 July 2013 for
General Electric Company (respondent 1) has been allegedly signed by Mr
Bradford Berenson describing himself as Vice President and Senior Counsel,
Litigation & Legal Policy for General Electric Company. Even though this
document records that it has been signed in the United States (In Fairfield
Connecticut) it has not been apostilled. This alleged vakalatnama therefore
cannot be relied upon by the Delhi High Court.
146.
The fresh vakalatnama filed by AZB on 16 July 2013 for General Electric
Company (respondent 1) produces a new power of attorney allegedly executed on
29 April 2013 by Mr Bradford Berenson on behalf of General Electric Company and
apostilled in the United States on 10 May 2013.
147.
The alleged POA dated 29 April 2013 executed by Bradford Berenson states
that it cancels and supersedes the earlier alleged POA executed by Alexander
Dimitrief.
148. I
also point out that the law requires that original copies of legal documents
executed overseas and filed in Indian courts which are notarised and apostilled
must be filed in the Indian courts where these documents are relied upon.
However, AZB has not produced the alleged original apostilled POAs executed by
Alexander Dimitrief(dated 2 May 2012) and by Bradford Berenson (dated 29 April
2013).
149. Mr
Bradford Berenson was appointed as the Operational Officer for Litigation &
Legal Policy for General Electric Company on 15 October 2012.
150. As
Operational Officer for General Electric Company for litigation, Mr Bradford
Berenson’s authority under the Board Resolution of General Electric Company
would be subject to the same limitations as have been elaborated upon
hereinabove in the context of the authority of Mr Alexander Dimitrief and Mr
Brackett Denniston.
151. The POA dated 29 April 2013 allegedly
executed by Bradford Berenson purportedly does the following:
(a) It purports
to delegate to K R Radhakrishnan the authority to execute vakalatnamas or
powers of attorney on behalf of General Electric Company.
(b) It purports
to delegate to K R Radhakrishnan the authority to execute court pleadings on
behalf of General Electric Company.
(c) It purports
to delegate to K R Radhakrishnan the authority to give undertakings,
representations, confirmations, consents and statements of responsibility in
the name of and on behalf of General Electric Company.
(d) It purports to authorize K R Radhakrishnan to
accept service of summons and notices from a Court on behalf of General
Electric Company.
152.
Under the original document (the Board Resolution) conferring authority
on him, Bradford Berenson did not/ does not have the authority to delegate to
any person the authority to execute vakalatnamas or powers of attorney on
behalf of General Electric Company; or the authority to execute court pleadings
on behalf of General Electric Company; or the authority to give undertakings,
representations, confirmations, consents and statements of responsibility in
the name and on behalf of General Electric Company.
153. Therefore Bradford Berenson could not
have delegated/ can not delegate to K R Radhakrishnan (or to any other person)
the authority to execute vakalatnamas or powers of attorney on behalf of
General Electric Company; or the authority to execute court pleadings on behalf
of General Electric Company; or the authority to give undertakings,
representations, confirmations, consents and statements of responsibility in
the name and on behalf of General Electric Company.
154.
The POA dated 29 April 2013 allegedly executed by Bradford Berenson on
behalf of General Electric Company is in excess of the authority vested in
Bradford Berenson under the Board Resolution and is therefore illegal,
unauthorised and invalid and it can confer no authority on K R Radhakrishnan.
155. K
R Radhakrishnan is therefore still not an authorised signatory of General
Electric Company despite the new alleged POA dated 29 April 2013 signed by
Bradford Berenson. The new vakalatnama executed by Radhakrishnan on 16 July
2013 appointing AZB to represent General Electric Company is also invalid.
156.
Bradford Berenson also cannot ratify the vakalatnamas and affidavits
purportedly signed by Radhakrishnan on behalf of General Electric Company. This
is because the purported delegation of authority by Bradford Berenson on
Radhakrishnan to execute powers of attorney and/ or court pleadings on behalf
of General Electric Company is ultra vires the Board Resolution of General
Electric Company which is the constitutional document and source of all
authority to execute documents/ instruments on behalf of General Electric
Company.
157.
Just like Alexander Dimitrief, Bradford Berenson is under the terms of
Paragraph A of the Board Resolution, only authorized to himself execute on
behalf of General Electric Company the instruments of the type described in
Paragraph A. The Board Resolution does not authorize Bradford Berenson to
further delegate this authority to other persons.
158. It
is pointed out that the POA dated 29 April 2013 also omits to mention/ specify
the number or cause title or any identifying feature or the nature/ character/
subject matter of the writ petition.
159.
This alleged POA dated 29 April 2013 signed by Bradford Berenson also
provides that the powers conferred by the POA “shall not be prejudiced,
determined or otherwise affected by the fact of the Grantor acting either
directly or through another agent or attorney in respect of all or any of the
purposes herein contained”.
160.
This clause in the POA dated 29 April 2013 therefore further supports
the likelihood that the “unauthorized” instructions being sent to K R
Radhakrishnan and/ or to AZB are not being sent directly from General Electric
Company but via other intermediaries/ agents/ attorneys. Multiple layers of
separation between General Electric Company (and its legal officers) and these
court proceedings are being maintained.
161.
The issue is very simple. The POA dated May 4, 2012 (signed by Alexander
Dimitrief) and the new POA dated 29 April 2013 (signed by Bradford Berenson)
through which K R Radhakrishnan and AZB & Partners claim to represent
General Electric Company in these writ proceedings are both illegal and invalid
because such POAs could not have been executed by Alexander Dimitrief or by
Bradford Berenson under the Board Resolution through which Alexander Dimitrief
and Bradford Berenson claim their authority.
162. K
R Radhakrishnan cannot therefore act for and represent General Electric Company
in these writ proceedings and AZB & Partners cannot appear for General
Electric Company as the vakalatnamas (dated 7 December 2012, 17 December 2012,
and 16 July 2013) in their favor signed by K R Radhakrishnan are invalid.
163. It
is basic and settled law that no person can claim to represent a legal entity
like a company in court proceedings without being duly authorised in accordance
with law and without producing such duly executed authority documents. It is
also basic and settled law that no lawyer can represent a party in court
proceedings without placing on record a vakalatnama duly executed by such party
authorising the lawyer to represent it.
164.
The Court has no discretion to allow a company to be represented in
court proceedings by an individual who has failed to produce valid and
sufficient authority documents and has failed to establish his authority to
represent the company. The Court has no
discretion to permit a lawyer to represent a party in the absence of a duly
executed and valid vakalatnama.
165.
This matter was scheduled for hearing on 18 July 2013. On 17 July 2013,
the petitioner inspected the court file and found out that on 16 July 2013, AZB
had filed three new vakalatnamas in this matter for respondents 1, 6 and 7. The
petitioner sent three emails and at least two text messages to lawyers from AZB
including to Mr NanjuGanpathy requesting that a copy of the documents filed by
AZB on 16 July 2013 under diary no. 101173 be provided to the petitioner. The
petitioner also requested AZB for a copy of these documents during the court
hearings on 18 July and 22 July 2013.
166.
Since AZB & Partners and General Electric chose to ignore the
petitioner’s request for copies of the latest (third) version of vakalatnamas
and authority documents filed by them in the captioned matter in the Delhi High
Court on 16 July 2013, the petitioner obtained certified copies from the court.
The original certified copies of the alleged vakalatnamas and authority
documents placed on record by AZB on 16 July 2013 are attached to CM 18969/2014
as Annexure P-5
167.
Also attached as Annexure P-6to CM 18969/ 2014 is a copy of a letter
dated January 4, 2011 signed by Mr Bradford Berenson when he was with Sidley
Austin LLP. This letter provides a specimen signature for Mr Bradford Berenson.
168. It
is pointed out that the signatures allegedly affixed by Mr Bradford Berenson to
the vakalatnama dated 9 May 2013 and Power of Attorney dated April 29, 2013
produced by AZB do not match the signature of Mr Bradford Berenson in the
attached letter dated January 4, 2011.
169.
The signatures of Barbara Mondulick (notary public) on the vakalatnama
dated 9 May 2013 and Power of Attorney dated April 29, 2013 produced by AZB do
not match. These also do not match the signature of Barbara Mondulick on the
Power of Attorney dated 4 May 2012 and on the signed statement of Mr Brackett
Denniston dated 17 December 2012 placed on the record earlier by AZB.
170.
The vakalatnama dated 9 May 2013 placed on record by AZB has an
uncoloured embossed seal on it next to Ms Barbara Mondulick’s alleged
signature. Since this seal is uncoloured, it is not visible in the certified
copy annexed as Annexure P-5 to CM 18969/ 2014, though it is visible in the
original document which the petitioner has inspected. However, it is pointed out
that no such embossed seal of Ms Barbara Mondulick is visible on the copies of
the power of attorneys dated 4 May 2012 and 29 April 2013 or on the signed
statement of Mr Brackett Denniston dated 17 December 2012 placed on record by
AZB and all of which have allegedly been notarised by Ms Barbara Mondulick.
171.
The copies of the power of attorney dated 4 May 2012 and Mr Brackett
Denniston’s statement dated 17 December 2012 both allegedly notarised by Ms
Barbara Mondulick bear a rubber stamp seal of Ms Barbara Mondulick. On the
other hand the power of attorney dated 29 April 2013 and the vakalatnama dated
9 May 2013 allegedly executed by Bradford Berenson do not bear any such rubber
stamp seal of Ms Barbara Mondulick.
172.
The three allegedly apostilled documents that AZB relies upon (the POA
dated 4 May 2012, the POA dated 29 April 2013, and the vakalatnama dated 9 May
2013 allegedly executed by Bradford Berenson) have not been placed on record in
original. Instead photocopies have been filed. Unless and until the original
apostilled documents are placed on record, it is impossible to ascertain if
these documents and apostilles are genuine. The reason being that the apostille
pages are generic documents merely certifying the signature of Barbara
Mondulick to a “public document” without describing/ identifying the
accompanying public document or its date. Copies of these apostille pages could
have been taken from other unconnected documents signed by Ms Barbara Mondulick
and attached to the copies of the alleged POA dated 4 May 2012, the alleged POA
dated 29 April 2013, and the alleged vakalatnama dated 9 May 2013 allegedly
executed by Bradford Berenson. Only original apostilled documents can be relied
upon and these have not been produced on the record.
173. A
copy of the Notary Manual for the State of Connecticut has been placed on
record by the petitioner along with her affidavit dated 27 July 2013. The
acknowledgement declaration allegedly printed by Barbara Mondulick on the vakalatnama
dated 9 May 2013 allegedly executed by Bradford Berenson is not in accordance
with the rules prescribed by the State of Connecticut in this notary manual.
174. Ms
Barbara Mondulick appears to have ties to General Electric Company and is
therefore an "insider" to the company.
175.
The new alleged power of attorney dated 29 April 2013 allegedly executed
by Bradford Berenson does not contain the safeguard provisions that were
present in the earlier power of attorney dated 4 May 2012 allegedly executed by
Alexander Dimitrief.
176. A
comparison of the POA dated 4 May 2012 allegedly executed by Alexander
Dimitrief and the POA dated 29 April 2013 allegedly executed by Bradford
Berenson shows the following:
POA dated 4 May 2012 allegedly executed by Alexander
Dimitrief
POA dated 29 April 2013 allegedly executed by Bradford
Berenson
Records that Seema Sapra has instituted certain
proceedings in the Delhi High Court against General Electric Company, (i.e.,
the present writ petition)
Does not mention any proceedings instituted by Seema
Sapra against General Electric Company
Provides that: “THIS POWER OF ATTORNEY is strictly
limited to act as a signatory on behalf of the Grantor, in respect of documents
in relation to the Proceedings, which are specifically pre-approved in writing
by the Grantor in advance. This Power of Attorney does not empower the Attorney
to exercise any discretion on behalf of the Grantor, or to do any other act
other than as specified herein”.
Does not contain such a provision.
177.
Prima facie the new documents filed by AZB on 16 July 2013 appear to be
forged/ inauthentic documents besides being unauthorised and invalid for the
reasons already set out in CM 10493/ 2013 filed in W.P. (Civil) 1280/ 2012.
This application was listed before court on 22 July 2013 and was for
undisclosed and unrecorded reasons adjourned unheard by Justice Gita Mittal and
Justice Deepa Sharma to 22 August 2013.
178. K
R Radhakrishnan cannot therefore act for and represent General Electric
Company, or GE India industrial Private Limited or GE Global Sourcing India
Private Limited in these writ proceedings and AZB & Partners cannot appear
for these respondents as all the three sets of alleged vakalatnamas (dated 7
December 2012, 17 December 2012, and 16 July 2013) in their favor signed by
Bradford Berenson/ K R Radhakrishnan are unauthorised and invalid. The
authority documents attached to the vakalatnamas dated 16 July 2013 filed by
AZB are also unauthorised, invalid and illegal, and prima facie appear to be
forged and inauthentic documents.
179. It
is basic and settled law that no person can claim to represent a legal entity
like a company in court proceedings without being duly authorised in accordance
with law and without producing such duly executed authority documents. It is
also basic and settled law that no lawyer can represent a party in court
proceedings without placing on the record a vakalatnama duly executed by such
party authorising the lawyer to represent it.
180.
The Court has no discretion to allow a company to be represented in
court proceedings by an individual who has failed to produce valid and
sufficient authority documents and has failed to establish his authority to
represent the company. The Court has no
discretion to permit a lawyer to represent a party in the absence of a duly
executed and valid vakalatnama.
181.
This unauthorised and fraudulent representation of General Electric
Company, GE India Industrial Private Limited and GE Global Sourcing India
Private Limited by K R Radhakrishnan and by AZB & Partners/ Mr
NanjuGanapathy in these whistleblower writ proceedings accusing General
Electric of corruption, fraud, forgery and of obstruction of justice, is a
monumental fraud being committed on the Delhi High Court, on the Government of India,
on General Electric Company, and on the petitioner by General Electric
Company's in-house lawyers (Mr Brackett Denniston, Mr Alexander Dimitrief, Mr
Bradford Berenson, Mr Jeffrey Eglash)
acting in collusion with AZB & Partners (Ms Zia Mody, Mr NanjuGanpathy,
Mr ManpreetLamba) and with Gibson Dunn & Crutcher (specifically lawyers Mr
F Joseph Warin and Mr John Chhesley).
182.
This application is being made in the interest of justice.
183.
The massive fraud on the Hon’ble Court described in the present
application is another reason why the Petitioner’s life continues to be in
grave danger and why she continues to be poisoned.
184.
This application relies upon the entire court record of Writ Petition
Civil 1280/2012 and upon the petitioner’s complaints being emailed to
authorities including to the Registrar General of the High Court.
185.
Also relevant for this application is another fraudulent and
unauthorised affidavit dated 14 January 2013 signed by Radhakrishnan and filed
in this matter as a reply to CM 105/2013 by AZB. It is also available in volume
14 of the court record starting at page 4902.
186. It
is further pointed 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.
187.
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.
188.
This application seeks that Mr Deepak Verma, K Radhakriahnan,
NanjuGanpathy and ManpreetLamba be criminally prosecuted for the offence of
furnishing false information under Section 177 IPC; the offence of furnishing
false statement on oath to a public servant under Section 181 IPC; the offence
of furnishing false information, with intent to cause a public servant to use
his lawful power to the injury of another person under Section 182 IPC; the
offence of threatening the Petitioner with injury to induce her from refraining
from applying for protection to public servant under Section 190 IPC; the
offence of giving false evidence under section 191 IPC; the offence of fabricating
false evidence under Section 192 and 193 IPC; the offence of threatening the
Petitioner to give false evidence under Section 195A IPC; the offence of using
evidence known to be false under Section 196 IPC; the offence of making false
statements made in declarations which are by law receivable as evidence under
Section 199 IPC; the offence of causing disappearance of evidence of offence,
or giving false information to screen offender under Section 201 IPC; the
offence of giving false information respecting an offence committed under
Section 203 IPC; the offence of false personation for purpose of act or
proceeding in suit or prosecution under Section 205 IPC; the offence under
Section 209 IPC for dishonestly making false claim in Court; the offence of forgery
under Sections 463. 464. 465. 466 IPC; the offence of criminal intimidation
under Section 503 IPC; the offences of
criminal conspiracy under Sections 120A and 120B IPC; the offence of concealing
design to commit offence punishable with imprisonment under Section 120 IPC;
the offence of abetment under Sections 107, 108, 108A and 109 IPC;
PRAYER
It is therefore most respectfully prayed that this
Hon’ble Court may be pleased to:
(a)
Declare that the alleged Board Resolutions of respondent 6 (GE India
Industrial Private Limited) dated 7 May 2012 and dated 17 December 2012 copies
of which have been filed in this writ petition and under which K Radhakrishnan
claims to be authorised signatory for respondent 6 are fraudulent, forged, invalid and
fabricated documents and these documents do not constitute K R Radhakrishnan as
the authorised signatory and
representative of respondent 6 for this
writ petition for any other purpose or proceeding;
(b)
Declare that K R Radhakrishnan is not the authorised signatory of GE
India Industrial Private Limited (respondent 6) for the purposes of this writ
petition or for any other purpose in connection with the Petitioner and that he
cannot represent respondent 6 in this matter or in any other matter in
connection with the Petitioner or sign court pleadings and/ or affidavits on
behalf of this respondent in this matter or in any other matter in connection
with the Petitioner;
(c)
Direct that K Radhakrishnan be criminally prosecuted for impersonation,
fraud, perjury and forgery for falsely holding himself out as the authorised
signatory of respondent 6 (GE India Industrial Private Limited) under
fabricated and forged board resolutions dated 7 May 2012 and 17 December 2012
in this matter and in the illegal, unauthorised and fraudulent arbitration
proceedings initiated before Mr Deepak Verma, retired Judge of the Supreme
Court of India;
(d)
Issuenotice to Mr Deepak Verma, retired Judge of the Supreme Court of
India (resident of B-4, Geetanjali Enclave, (G.F.) Main Shivalik Road, New
Delhi 110017) and implead him in this writ petition;
(e)
Pass orders for an immediate stay of the alleged arbitration proceedings
against the Petitioner before Mr Deepak Verma, retired Judge of the Supreme
Court of India;
(f)
Issue a permanent injunction restraining Mr Deepak Verma, retired Judge
of the Supreme Court of India from proceeding with any arbitration proceedings
against the Petitioner instituted by the impersonator (KRadhakrishnan) or by GE
India Industrial Private Limited or by any other person/ entity and from
issuing any award/ orders/ directions against the Petitioner in such
proceedings which interferes with or in any manner affects or restricts the
constitutional and legal duties/ obligations / rights of the petitioner as
complainant, witness, whistleblower, writ petitionerin WP Civil 1280/ 2012 and
as an Indian citizen in respect of her complaints (and connected matters)
against General Electric Company, the Rail Ministry, Montek Singh Ahluwalia and
their co-conspirators/ collaborators about corruption, fraud, forgery, bribery,
unlawful lobbying, tender manipulation, FCPA violations, obstruction of justice
(in connection with the Rail Projects and tenders for the proposed locomotive
factories at Marhowraand Madhepura), and in respect of her complaints about the
threat to her life, and about past and ongoing conspiracy and attempts to
murder/ eliminate her and her complaints of targeting, retaliation,
intimidation, torture, poisoning, destruction of limbetc;
(g)
Issue notice of criminal contempt of court to Mr Deepak Verma (retired
Judge of the Supreme Court of India), Mr K R Radhakrishnan (GE India), Mr
NanjuGanpathy (AZB), Mr ManpreetLamba (AZB), Mr Deepak Adlakha (dismissed GE India
employee), Mr Jeffrey Immelt (GE), Mr John Flannery (GE), Mr BanmaliAgrawala
(GE India), and Tejal Singh (GE India) for interfering with the administration
of justice in this writ petition by the institution/ entertaining of the
unauthorised, illegal and fraudulent arbitration proceedings which seek to
silence/ gag/ intimidate and threaten the petitioner-
complainant-witness-whistleblower before this Court;
(h)
Direct that Mr Deepak Verma, K Radhakriahnan, NanjuGanpathy (AZB) and
ManpreetLamba(AZB) be criminally prosecuted for the offence of furnishing false
information under Section 177 IPC; the offence of furnishing false statement on
oath to a public servant under Section 181 IPC; the offence of furnishing false
information, with intent to cause a public servant to use his lawful power to
the injury of another person under Section 182 IPC; the offence of threatening
the Petitioner with injury to induce her from refraining from applying for
protection to public servant under Section 190 IPC; the offence of giving false
evidence under section 191 IPC; the offence of fabricating false evidence under
Section 192 and 193 IPC; the offence of threatening the Petitioner to give
false evidence under Section 195A IPC; the offence of using evidence known to
be false under Section 196 IPC; the offence of making false statements made in
declarations which are by law receivable as evidence under Section 199 IPC; the
offence of causing disappearance of evidence of offence, or giving false
information to screen offender under Section 201 IPC; the offence of giving
false information respecting an offence committed under Section 203 IPC; the
offence of false personation for purpose of act or proceeding in suit or
prosecution under Section 205 IPC; the offence under Section 209 IPC for
dishonestly making false claim in Court; the offence of forgery under Sections
463. 464. 465. 466 IPC; the offence of criminal intimidation under Section 503
IPC; the offences of criminal conspiracy under Sections 120A and 120B IPC; the
offence of concealing design to commit offence punishable with imprisonment
under Section 120 IPC; the offence of abetment under Sections 107, 108, 108A
and 109 IPC;
(i)
Restrain Mr Deepak Verma, retired Judge of the Supreme Court of India
from committing further contempt of this Hon’ble Court as a result of his
having entertained the fraudulent, unauthorised and illegal arbitration claim
made against the Petitioner by the impersonator, K Radhakrishnan;
(j)
Issue notice and non-bailable warrants in this matter for the personal
appearance before this court of the Impersonator K Radhakrushnan;
(k)
Direct the impersonator K Radhakrishnan to produce before this court the
complete records of the unauthorised, fraudulent and illegal arbitration claim
and proceedings instituted against the Petitioner;
(l)
Pass such other and further orders as this Hon’ble Court may deem fit
and proper.
Place: New Delhi Petitioner
in Person
4 December 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
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