The Supreme Court while quashing criminal proceedings against ex-Wipro Chairman Azim Premji, has lauded him for forgiving the person who has filed more than 70 'misconceived' cases against him.
The Division-Bench comprising of Justice Sanjay Kishan Kaul and Justice MM Sundresh called the case as an example of 'nothing is impossible as long as the parties are willing to see the reality of a given situation.'
More than 70 litigations, misconceived and frivolous as they are, initiated by the respondents will be brought to an end on a realization by Mr. R. Subramanian, who seeks to repent for his past conduct and wants to start a new chapter in his life.
It was however observed that even if he redeems for his past conduct in these various proceedings, it will not take away from his responsibility and liability towards the various claims in Subhiksha/Viswapriya litigations where there are obligations to depositors. In fact, the failure of those schemes is what has caused the financial burden on Mr. Subramanian and those groups, and in his endeavour to escape his liability, including to the appellants before us, the litigations were initiated the Court commented.
The Court has asked him to tender unconditional apology for filing cases against the ex-Wipro Chairman and his associates through his companies "India Awake for Transparency" and "Wholesale Trading Services Pvt Ltd".
The Court was all praises for Mr. Azim, who with great understanding decided to let go of the vexatious litigator.
"We are happy to note that Mr. Azim Hasham Premji has taken a constructive view of the matter and agreed to forgive the past conduct of Mr. Subramanian, more so, in view of the financial issues he has faced and to take also a compassionate view of the amounts due from him to the group companies of Mr. Premji."
Mr. R. Subramanian, was convicted for Contempt of Court by the Karnataka High Court two months ago for filing multiple frivolous cases against Mr. Azim Premji on same cause of action.
Mr. Subramanian had to undertake four aspects as set out in the order:
1) An apology for the past conduct including initiating these proceedings in different forums;
2) An undertaking to withdraw all proceedings whether in this matter or otherwise initiated by him which are not in defence of claims in Subhiksha/Vishwapriya;
3) An undertaking for the future not to launch any proceedings and undertaking to wind up this organization and not to create any more organization nor to use his brilliance and help of other people to create further litigation;
4) The list of companies which will have any amount in them will be surrendered to Mr. Mukul Rohatgi’s clients.
The Court also affirmed High Court's order sanctioning amalgamation of Mr. Azim Premji's firms viz. Regal Investment and Trading Company Private Limited, Vidya Investment and Trading Company Private Limited, Napean Trading and Investment Company Private Limited and Hasham Investment and Trading Company Private Limited.
In view of the honest confession made by Mr. Subramanian, the Court agreed to give him a hand in his prayers regarding sale of the 14 properties, the details of which he put before the Court and requested that sale at the earliest would help him meet his financial liabilities to the extent possible to the depositors of the schemes.
As 6 out of the 14 assets stand attached, the Court called upon him to move an appropriate application in those proceedings placing this order before that Court for consideration of his prayer as may be determined appropriate by the Judge now holding the roster.
Additionally, the Court also accepted his suggestion to dissolve his firms India Awake Transparency Pvt. Ltd. and the Wholesale Trading Services Pvt. Ltd. as a token of assurance for his future conduct.
Read Judgement Here:
