Re: Megacity Affected Members 556 Unfortunate - but true.. Supreme Court has heard the cases and dismissed!!

[Ravindra Beleyur]

hi all,

I give below a link to a Blog which could explain to some extent why we got the decision what we got?? (when somebody told me yesterday, I could not believe; when the judgement was very favourable to consumer in the first case in the list - though the respondent was a government agency - I thought what I heard must be untrue. During the process of our case, I thought what the person told must be true - now after reading the blog given below, I do not have any doubts - thought I do not intend to express in very clear terms what I mean!!)

http://justicekatju.blogspot.in/2015/05/this-is-email-i-received-today-from.html

Thought it fit to share - though this is not very pleasant one to share for the kind of efforts we have put in, the kind of support all members have given for our fighting for the cause...

With best regards,

ravi

On 20 August 2015 at 20:00, Ravindra Beleyur <ravindr...@gmail.com> wrote:

hi all,

Unfortunately and regretfully I have to inform you that Supreme Court of India - headed by the bench none other than the Chief Justice of India -  has dismissed all our Civil Appeal cases today at its hearing and I was present. I wish to state these are the same cases which the same Supreme Court of India thought making an order on a summary basis was not appropriate for the Special Leave Petitions file by us and converted these cases into Civil Appeal cases. This is why I used the words "Unfortunate but, true' in the subject heading.

We would have the orders in 2-3 days. After getting the orders, we shall consult senior advocates and let you know what could be done.

What is the implication?:

--> The batch of cases - about 15 in number - (leading case: Ganesan) which includes me, our secretary-Nanjundaiah, Dr. Kulkarni etc.,: We are still more unfortunate lot - for whom the order was register the sites at our RISK!! - which means pay the registrattion charges, get a bad titled site and lose the money paid already also!! We need to figure out what needs to be done!!

--> The Batch of cases - +/- 110 cases (leading case CP Sudha) - where the order was to get the refund of money with 18% simple interest until the payment by Megacity. In this case, the members get additional amount of 18% p.a. from the time the cases are filed before the Supreme Court until the final payment by Megacity. Unfortunately, this is the only solace... However, one needs to file Execution Petition before the District Court to get these funds - which we shall inform how to go about.

--> Some of the cases of the State Commission were not filed before Supreme Court some reasons by our Supreme Court Advocate. We would take a call on what could be done after discussing with our advocate (there is an  opinion that not to file any cases until this Chief Justice retires!!). We shall inform with the respective complainants what could be done and how could we proceed.

We would be in a position to inform further within a week or so.

It is hard for me to communicate this; but, I have no choice except to regretfully communicate this.

I am deeply disappointed!! - It was Chadrashekaraiah at State Commission, I am forgetting the name of the judge at National Commission (A??? Behn or Bahn something like that ) and now CJI!!! himself- i do not intend to comment anything else.

With best regards,

ravi

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[Personal Ferooza]

Is there no recourse, knowing we had a corrupt judge ? 

Ferooza

Sent from my iPhone

[Ravindra Beleyur]

We shall get the orders, discuss with the advocate/s and  then come back on this point.

[Ravindra Beleyur]

Dear Ferooza,

Once we get the orders, we intend to get an expert opinion from Senior Counsel - possibly from Prashant Bhushan's office apart from opinion from our advocate. I have already spoken to Musaib of Prashan Bhushan's office whom I have been in touch with for the last three months. In fact, I had met Prashant Bhushan about two weeks ago to explore whether there is any other route we could take for getting justice. But, he did not suggest any specific route since he was of the opinion that we have pursued all the possible routes related with criminal issues as well as regarding our civil rights - however, he shared that he could represent our cases as Senior Counsel if needed. 

I suggested Prashant Bhushan's name for the Senior Counsel to our advocate. Our advocate Ankur was of the opinion that his presence would not go well with the Chief Justice of India as such. So, we did not take his services.

I had not shared the full story of why I came to the conclusion what I gave in my earlier e-mail. Ankur suggested that we would go with the Senior Counsel - Naga Mohan Das - retired judge of Karnataka High Court. I was reluctant since he was from Karnataka and possibly I thought I heard his name in some context - though I could not relate at that moment; but, I asked him why him? Ankur stated that if NagaMohan Das is the Senior counsel, CJI could listen to him when he argues... (that is how Senior Counsels are appointed!) - I said 'yes' for that reason. Immediately, I called our Secretary - Nanjundaiah sharing the name of Naga Mohan Das. He immediately recognised the name and asked me not to appoint him .... he reminded me that this is the same judge who stayed 14-15 criminal proceedings against CP Yogeshwara and Megacity by admitting an appeal without giving notice to the other party (other parties were CID, Karnataka and SFIO) in January, 2014 for which we had to intervene and get it vacated after 15 months!! Immediately after this talk, I called our advocate Ankur and started sharing that we are not comfortable with Naga Mohan Das... he immediately started laughing and shared that Naga Mohan Das has been appointed by Megacity/CP Yogeshwar as their Senior Counsel....Then he suggested that we would appoint two Senior Counsels - one a retired High Court Judge of Kerala - Thomas P Joseph and Basavaprabhu  S Patil whose argument CJI would listen to... we agreed and these two people represented our cases. 

I just want to put one sentence what CJI quoted during proceedings which could convey the matter better!!

Thomas P Joseph was referring to Sudha CP batch of cases and sharing that the same State Commission has given an order for Murugeshappa for executing the site and if the same site was not available another valid site could be registered and Megacity has registered a valid site for him. The CJI did not ask Megacity whether they have other sites or not - but, shared "may be Murugeshappa could be developer's uncle so he would have done that and how he could ask the developer to do the same for others - if you are aggrieved file a suit in High Court for your grievance under so and so section (I do not remember the section)of the IPC!!!". At no time he sought what was the stand of Megacity at any point...

This is all I share further..

With best regards,

ravi

[Vidya Shankar]

Dear All,

Sorry to note the state of affairs even in Judiciary. May be this is the reason why in many cases aggrieved people take law in to their own hands. If accepting  the amount paid by us back, with 18 %  interest,  is the last resort we may have to accept.

However, as Mr. Ravindra has suggested, lets wait for orders and decide future course.

Regds

Dr.  G.K. Vidyashankar

Dy. Director( Mktg)  & Spices Board Chair Professor

Indian Institute of Plantation Management (IIPM)

Co-ordinator, Indo-US Collaborative Training Centre (CTC) for food Safety & Supply Chain Management

Jnana Bharati Campus, Malathalli

Beside Dr. Ambedkar Institute of Technology

Bangalore – 560 056

Ph.:   91 – 80 – 23214428   

 Mob.: 91 - 7899331731 / 9745610026                             

On Sat, Aug 22, 2015 at 5:12 PM, Ravindra Beleyur <ravindr...@gmail.com> wrote:

Dear Ferooza,

Once we get the orders, we intend to get an expert opinion from Senior Counsel - possibly from Prashant Bhushan's office apart from opinion from our advocate. I have already spoken to Musaib of Prashan Bhushan's office whom I have been in touch with for the last three months. In fact, I had met Prashant Bhushan about two weeks ago to explore whether there is any other route we could take for getting justice. But, he did not suggest any specific route since he was of the opinion that we have pursued all the possible routes related with criminal issues as well as regarding our civil rights - however, he shared that he could represent our cases as Senior Counsel if needed. 

I suggested Prashant Bhushan's name for the Senior Counsel to our advocate. Our advocate Ankur was of the opinion that his presence would not go well with the Chief Justice of India as such. So, we did not take his services.

I had not shared the full story of why I came to the conclusion what I gave in my earlier e-mail. Ankur suggested that we would go with the Senior Counsel - Naga Mohan Das - retired judge of Karnataka High Court. I was reluctant since he was from Karnataka and possibly I thought I heard his name in some context - though I could not relate at that moment; but, I asked him why him? Ankur stated that if NagaMohan Das is the Senior counsel, CJI could listen to him when he argues... (that is how Senior Counsels are appointed!) - I said 'yes' for that reason. Immediately, I called our Secretary - Nanjundaiah sharing the name of Naga Mohan Das. He immediately recognised the name and asked me not to appoint him .... he reminded me that this is the same judge who stayed 14-15 criminal proceedings against CP Yogeshwara and Megacity by admitting an appeal without giving notice to the other party (other parties were CID, Karnataka and SFIO) in January, 2014 for which we had to intervene and get it vacated after 15 months!! Immediately after this talk, I called our advocate Ankur and started sharing that we are not comfortable with Naga Mohan Das... he immediately started laughing and shared that Naga Mohan Das has been appointed by Megacity/CP Yogeshwar as their Senior Counsel....Then he suggested that we would appoint two Senior Counsels - one a retired High Court Judge of Kerala - Thomas P Joseph and Basavaprabhu  S Patil whose argument CJI would listen to... we agreed and these two people represented our cases. 

I just want to put one sentence what CJI quoted during proceedings which could convey the matter better!!

Thomas P Joseph was referring to Sudha CP batch of cases and sharing that the same State Commission has given an order for Murugeshappa for executing the site and if the same site was not available another valid site could be registered and Megacity has registered a valid site for him. The CJI did not ask Megacity whether they have other sites or not - but, shared "may be Murugeshappa could be developer's uncle so he would have done that and how he could ask the developer to do the same for others - if you are aggrieved file a suit in High Court for your grievance under so and so section (I do not remember the section)of the IPC!!!". At no time he sought what was the stand of Megacity at any point...

This is all I share further..

With best regards,

ravi

--

[Bharath kumar]

Very sad state of affairs... Somehow i feel we have hit a dead end of our fight and destined to loose it . This makes me doubt the existence of God ..But my sincere thanks to all my friends who worked hard to keep our fight on till today ... I know u people are most hurt by this verdict....