Category Archives: Law

Federal Candidates Weigh In Against Immigration Reform Amnesty For Illegal Aliens

Washington, DC, USA (January 14, 2014) — Contact: Americans for Legal Immigration PAC (ALIPAC): Press@alipac.us / (866) 703-0864

An unprecedented number of federal candidates are responding to Americans for Legal Immigration PAC’s (ALIPAC) federal candidate survey this year indicating they support the adequate enforcement of America’s existing immigration and border laws instead of any form of amnesty for illegal immigrants.

“We already have 20 candidates weighing in against immigration reform amnesty for undocumented immigrants,” said William Gheen, President of ALIPAC. “It is clear that many Republican primary candidates are addressing the public’s desire for Congress to support existing laws instead of conceding our laws, Constitution, and borders to lawlessness brought on by illegal immigration.”

ALIPAC was founded on September 11 of 2004, making 2014 the national organization’s sixth election cycle. ALIPAC is America’s best known political action committee addressing the topics of illegal immigration, immigration laws, and border security.

ALIPAC’s more than 50 thousand e-mail list subscribers and more than 200,000 social media subscribers are being asked to circulate the group’s 2014 candidate survey to candidates running for US Congress and Senate in each state. This survey asks only one question of concern. (click here for survey copy)

The first surveys received for 2014 can be found online (Click Here). Early responses included candidates running against illegal alien amnesty supporters like Representatives John Boehner, Renee Ellmers, Greg Walden, and Ami Bera, as well as Amnesty supporting Senators like Lindsey Graham and Mitch McConnell!

“We are now calling for candidates to run against every immigration reform amnesty supporting incumbent in America!” said William Gheen. “The real truth is that the vast majority of America’s voters in 2014 want enforcement of our immigration laws, not some path to citizenship and voting rights for 20 million illegals that will devastate our borders forevermore!”

ALIPAC is currently endorsing more than 130 members of Congress who are standing up against the Obama, Boehner, and Rubio backed immigration reform amnesty. (click here for current endorsements)

ALIPAC is also asking all American voters, conservatives groups, and Tea Party groups to target all Democrats and the 35 Republican members of Congress that support immigration reform amnesty for removal from office in the 2014 elections!

For more information about ALIPAC’s efforts to throw immigration reform amnesty supporters out of office in 2014 or to schedule interviews, please visit http://www.alipac.us.

Shah Peerally, rated Young Outstanding Immigration lawyers in Northern California

The 2013 list of top rated attorneys in CA as published in the 08, 2013 issue of San Francisco Magazine includes Shah Peerally. This distinction is given to only a very small percentage of attorneys each year.

Newark, CA, December 22, 2013 – Shah Peerally, is a Newark, California based attorney practicing immigration law. Shah has seen tremendous growth in his career beginning with humble beginnings to becoming one of the most sought after attorney’s in Bay area. More than his professional qualifications, what distinguishes him from other lawyers in this field is his genuine compassion for people and his ability to cut across barriers and make them feel that there is hope for them.

Shah has constantly fought for the rights of immigrants and has tried to help them in various ways possible, whether it is through free legal clinics in churches, mosques or temples or talking to people through his law show on radio. Moreover his background as an immigrant himself makes him identify with the likes of others in similar position as he had been.

Shah thinks he is best defined as ‘street smart’ and has learnt more on the job than from any course. His genuine concern shows in the way he interacts with people and this has earned him not only respect but love from the immigrant community. In an attempt to educate people and make them aware of their rights and give them a sense of identification, Shah has invested in the Shah films which makes socially conscious films that talk of the problems of immigrants and also provides them solutions to a certain extent.

His dedication and passion for his work have been recognized on various podiums and Avvo, the national attorney rating service has rated him as 10/10 which is their highest rating level reserved for the best attorneys.

Shah Peerally, was born on in Mauritius, and attended the Royal College of Curepipe in Mauritius. Having worked with different corporations in Mauritius, Shah then moved to the United States where he and obtained his Juris Doctorate degree from New College School of Law, in San Francisco, California. He subsequently gained admission to the California State Bar too. Over the next few years, he began building his base in the legal fraternity by working in avenues such as litigation and business law for well known law firm of McNichols Randick O’Dea & Tooliatos LLP, in Pleasanton, California.

At a later stage, Shah joined the Law Offices of Virender Goswami as a supervising attorney in business and employment immigration. He was also appointed as attorney of counsel for the Immigration law offices of Minter and Ahmad in Fremont, California. Throughout the journey, Shah nursed the ambition of having his own law firm and in 2005; he founded the Law Offices of Shah Peerally. Today he is the founder and managing attorney of Shah Peerally Law Group PC, a professional corporation and under his capability the firm has seen the highest pinnacles of success.

Shah holds memberships in the State Bar of California, American Bar Association (ABA) and the American Immigration Lawyers Association, National Association of Consumer Bankruptcy Attorneys (NACBA), and International Association of Professional Debt Arbitrators (IAPDA). Shah is also admitted in the Northern Federal District Court, Eastern Federal District Court of California and the 9th Circuit Court of Appeals.

Apart from his legal work, the Shah Peerally name has been associated with a lot of pro bono work that he has done. In fact whenever there has been a crisis for the immigrant community, the Shah Peerally name has been the foremost in terms of handling the crisis in an efficient and fast manner, so that the chances of the immigrants being effected is minimum.

Shah’s activities have been geared towards helping people in spreading of awareness regarding Immigration laws and their capabilities and use as far as immigrants are concerned. For this role of his in society, he has often been a part of the expert legal analysts for many TV networks such as NDTV, Times Now and Sitarree TV. In collaboration with this there has been coverage about his work in newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international media both print and online. He also hosts weekly legal radio shows on KLOK 1170 AM.

For his passionate and dedicated work, towards conducting immigration related workshops Shah has been commended by House Majority Leader Nancy Pelosi and Congresswoman Barbara Lee too. Shah has been a prominent activist for various immigrant communities and has always fought for their rights in whatever capacities that he could. Also he has been a regular participant in lectures and free legal clinics across the nation.

In what is an extremely rewarding acknowledgement for his work, Shah has been selected as a rising star of Northern California by Superlawyers.com. Added to this, 2013 has seen Shah been bestowed with the honor of being selected as one of the ‘Young Outstanding Lawyers of Northern California’. This is a reflection of not only of his own caliber but that of his entire firm. In fact the attorneys of the Shah Peerally law group have been featured as legal experts on major international TV networks such as NDTV and Times Now for guiding immigrants during major immigration crisis over the years.

The most interesting part about Shah Peerally’s career has been his diversification into different platforms that raise the issues of immigration. Now with his own film production house, he makes films that will be an eye opener to the masses on issues that have been particularly troublesome for the immigrants. These films are an extension of his voice and concern as a lawyer determined to get justice for the immigrants to the US and to fight for their cause while also propagating for better immigration reforms. And in that Mr.Peerally’s work is extremely futuristic and aimed at a basic promotion of the interests of all sorts of voices across the globe.

Contact:
Shah Peerally
SPLG
37600 Central Ct, Ste 202
Newark, CA 94560
510 742 5887
info@peerallylaw.com

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Immigration Reform Amnesty Legislation Defeated for Next 3 Years by Americans

Immigration reform amnesty for illegal aliens has failed to pass in 2013 due to lobbying efforts from activists who represent the majority of American citizens opposed to such legislation and due to the political quagmires on the budget and healthcare.

Raleigh, NC, USA (December 17, 2013) — Contact: Americans for Legal Immigration PAC (ALIPAC) (866) 703-0864, Press@alipac.us

Immigration reform amnesty for illegal aliens has failed to pass in 2013 due to lobbying efforts from activists who represent the majority of American citizens opposed to such legislation and due to the political quagmires on the budget and healthcare.

Americans for Legal Immigration PAC is announcing the Defeat of Amnesty 2013 which has been the national organization’s year long focus and battle cry while also pointing out that immigration reform amnesty for illegal aliens is likely doomed for the next three years.

“The off election year of 2014 and the resulting loss of amnesty supporters who will be defeated by the public next year will shut down legislative amnesty, hopefully for three years!” said William Gheen, President of ALIPAC. “The invasion and amnesty supporters have made a big tactical mistake. We stopped them from getting their Amnesty bill to Obama’s desk and now we know which Republicans and Democrats need to be thrown out of office in 2014.”

ALIPAC is focusing attention on a list the group is circulating of 35 GOP members of Congress who have been detected secretly working with the Obama administration to pass amnesty for illegal aliens. Four incumbent GOP members of the Senate up for reelection in 2014 are similarly targeted for removal.

Removing lawmakers who support immigration reform amnesty from office will occur because a large majority of Americans do not support a path to citizenship for illegal aliens that would in turn create a new voting bloc of prior illegals in American elections which would permanently destroy all borders and immigration law enforcement. Speaker Boehner knows this and has told business leaders he will help Pelosi and Obama pass amnesty after filing closes in 2014.

While illegal alien invasion supporters tell the media they hope to eventually overwhelm American defenders through continued illegal immigration and very high birth rates among the new arrivals, and that they want Obama to increase his risk of impeachment by further violating the Constitution with decreed amnesty, ALIPAC is encouraged by this change in the tide of the struggle.

For more information about ALIPAC’s fight against illegal immigration and amnesty or to access the lists of GOP lawmakers that need Republican primary challengers to defeat them in 2014 please visit http://www.alipac.us.

Jubilee America: AD Project Calls for American Default On National Debt

The American Defense Project (AD Project) is calling on American citizens to contact members of Congress to encourage them to default on America’s debt as such an action would be in the best interest of future generations of Americans.

Raleigh, NC, USA (October 14, 2013) — Contact: AD Project (919) 964-0538 / http://www.AmericanDefenseProject.com

The American Defense Project (AD Project) is calling on American citizens to contact members of Congress to encourage them to default on America’s debt as such an action would be in the best interest of future generations of Americans.

This activism effort is called “Jubilee America” in a reference to Leviticus 25:8-13 and the Christian and Jewish concept of forgiving debts every 50 years in which slaves and prisoners would be freed, debts would be forgiven, and the mercies of God would be particularly manifest.

The current US debt is about to exceed 17 Trillion dollars which breaks down to more than $53,500 per citizen in federal debt alone before adding the burden of state, county, and municipal debts as well. These debts can have an enslaving effect on American citizens and future generations as our citizens are now beholden to those that own our debts.

A default is inevitable if America’s debt and spending addictions are not broken and it should be clear to all that DC politicians will not balance our budget on their own.

“Defaulting on our national debt is the only way to stop out of control borrowing and spending in Washington DC,” said Jack Lawrence, Director of AD Project. “It will be a painful and dangerous time for our nation, but facing the realities, through controlled debt default, will be more surmountable now than later if they keep increasing the debt levels. Each infant born in America today, each of our children, each of our grandchildren owe more than $50,000 and that is unacceptable. We owe it to them to abolish this debt.”

The American Defense Project hopes that other grass roots organizations and lawmakers will begin to adopt the call for America to engage in a “controlled default” instead of a forced default that will be more damaging at a later date and higher debt level.

There is also a great danger that future politicians will enforce repayment of these current and future debts by subjecting American citizens to freedom and economy crushing surveillance state technologies and authoritarian police state tactics.

“American citizens will have to be disarmed, have our freedoms severely restricted, and face police state oppression to exact the amount of servitude required to repay debts of this size,” said Jack Lawrence. “These debts are a threat to our national security and way of life. Freedom and default are preferable to slavery and oppression repaying these debts will bring.”

The AD Project contends that controlled defaulting on our national debt is a preferable option because it could decrease the influence foreign governments like China and Saudi Arabia have on American political leaders. Controlled Default could force politicians to balance the budget once they are unable to borrow from lenders. Default would benefit the American economy by unencumbering our citizens and businesses from these destructive debts that take money out of our economy without producing anything or returning any benefits for our citizens.

To learn more about Jubilee America, the American Defense Project, or to schedule interviews with Jack Lawrence please visit http://www.AmericanDefenseProject.com.

American Defense Project Supports Veterans, Truckers, & Impeachment Protesters in DC

The American Defense Project is releasing a statement today encouraging members and the public to support the three major protests against the nationally destructive policies of Barack Obama this coming weekend October 11-13.

Raleigh, NC, USA (October 10, 2013) — Contact: Jack@AmericanDefenseProject.com / (919) 964-0538

The American Defense Project is releasing a statement today encouraging members and the public to support the three major protests against the nationally destructive policies of Barack Obama this coming weekend October 11-13.

“The AD Project is forming to support American activists who are fighting to preserve our nation’s freedoms, principles, traditions, security, and integrity, and we see those desires reflected in the three major protests occurring this weekend.” said Jack Lawrence the Director of the American Defense Project. “We will help spread the word and encourage people to join with our veterans, truckers, and overpass protesters in what is clearly becoming a new and rising movement in America against Obama’s abuses of power that threaten the freedoms of all Americans.”

The American Defense Project, “AD Project,” is found online at http://www.AmericanDefenseProject.com where activists are encouraged to sign up for e-mail activism and newsletter alerts. The group has also started a Facebook group found at https://www.facebook.com/groups/AmericanDefenseProject.

AD Project hopes that supporters of the three protests will take an interest in reciprocal support for this new national organization.

The three protests AD Project is endorsing and supporting are…
Million Vet March on the Memorials
https://www.facebook.com/pages/Million-Vet-March-on-the-Memorials/539097822833735

Truckers Ride For The Constitution
https://www.facebook.com/ridefortheconstitution

Overpasses for Obama’s Impeachment
https://www.facebook.com/OverpassesForObamasImpeachment

For more information, interviews, or to lend your support and participation, please visit http://www.AmericanDefenseProject.com.

ALIPAC Protests Illegal Alien Access To Closed DC Mall

ALIPAC is protesting the Obama administration’s decree that allows illegal immigrants and their supporters to setup a stage and conduct political theater designed to encourage immigration reform Amnesty legislation within the DC Mall which is currently closed to American taxpayers.

Raleigh, NC, USA (October 8, 2013) — Contact: ALIPAC (866) 703-0864 / Press@alipac.us

ALIPAC is protesting the Obama administration’s decree that allows illegal immigrants and their supporters to setup a stage and conduct political theater designed to encourage immigration reform Amnesty legislation within the DC Mall which is currently closed to American taxpayers.

Click here to view Picture of SEIU Setting up on DC Mall Oct 7

“Everywhere we look across America, illegal aliens and their supporters are given preferential treatment over American citizens and American workers,” said William Gheen President of ALIPAC. “Obama is now parading illegals proudly in front of our faces on our DC Mall, while telling average citizens and veterans to stay away from memorials, and even private businesses like the Pisgah Inn to close and not serve American citizens!”

In recent days, US Park Service rangers have leaked information that they have instructions to make citizens as miserable as possible as part of the government shutdown.

US veterans are protesting in DC this coming weekend along with truckers from across America because of these unnecessary closures and hardships. Our veterans have had to remove needless barricades to access their war memorials! In North Carolina, private businesses like the Pisgah Inn are being forced closed during the peak fall colors by armed park rangers sent to block access to the hotel and restaurant!

For More Info on 3 Major Obama Protests This Weekend CLICK HERE

“What Americans are seeing today is just a taste of what our future and our children’s future will be like if GOP sellouts help Obama pass immigration reform legislation this year!” said William Gheen of ALIPAC. “Illegal immigrants have been brought here to be given voting rights, welfare, and eventual dominion over US Citizens with the backing of elite business and financial leaders. Americans must wake up because the grotesque injustice on display on the DC Mall is another red flag of what life will be like if Amnesty passes!”

Illegal immigration and immigration reform Amnesty, which would permanently destroy US borders and immigration law protections, is being supported by many billionaires like Rupert Murdoch, Michael Bloomberg and Marc Zuckerberg. The US Chamber of Commerce and several global banks support Amnesty despite the massive casualties among US citizens of lost jobs and taxpayer resources. Amnesty is now also being supported by all major TV news networks including MSNBC, CBS, CNN, and Fox News.

While a majority of Americans want borders secured and oppose Amnesty, it was recently reported by Breitbart News that the Obama administration is ordering US Border Patrol Agents to stand clear and allow illegal immigrants and drug smugglers to enter the US.

For interviews and more information about these betrayals of Americans and ALIPAC’s efforts to politically fight back against illegal immigration and Amnesty legislation please visit http://www.ALIPAC.us.

Immigration Reform Protester Video Pulled After Backfiring Online

Americans for Legal Immigration PAC (ALIPAC) has released a new copy of the video which is also going viral with 99% of the public reactions being negative as shown below.

Raleigh, NC, USA (September 9, 2013) — Contact: ALIPAC, Press@alipac.us (866) 703-0864 http://www.ALIPAC.us

Immigration reform amnesty supporters had hoped their video of their protest at Congressional town hall meeting held by Representative Pete Olson (TX-22) would help their cause, but instead they pulled the video down from Youtube by marking it ‘private’ after the video went viral and 99% of the comments were negative towards both the protesters and immigration reform!

Americans for Legal Immigration PAC (ALIPAC) has released a new copy of the video which is also going viral with 99% of the public reactions being negative as shown below. Pete Olson has a standing endorsement from ALIPAC for his stances in favor of illegal immigration enforcement instead of amnesty.

“It is clear that these illegal alien amnesty supporters disrupting a civilized town hall meeting using mob rule tactics has backfired on the national push for amnesty,” said William Gheen President of ALIPAC. “This mob shows Americans that illegal alien supporters have no respect for our laws, political culture, or citizens and gives people a glimpse of what most future town hall meetings will be like if Congress passes immigration reform amnesty.”

ALIPAC has warned that any path to citizenship or legalization for 12-20 million illegal immigrants in America will eventually result in more problems with illegal immigration and a new dominant voting bloc in American politics that will destroy any future hopes for immigration and border law enforcement designed to protect American jobs, communities, and lives.

ALIPAC is encouraging Americans to watch the video that ‘immigration reform’ supporters do not want them to see, and to circulate the video far and wide to citizens, press, and lawmakers via the new copy released at this link…

Illegal Alien Mob disrupts Townhall meeting demanding Amnesty & citizenship, chant ‘we’ll be back’
http://www.youtube.com/watch?v=WADZ_UHXyHA&feature=c4-overview&list=UUW4qteozALDdM1ow3oHZY1w.

ALIPAC Endorses Scott DesJarlais for Supporting Current Immigration Laws Instead of Amnesty

ALIPAC is pleased to announce the endorsement of Congressman Scott Desjarlais (R-TN-4) because of his courageous comments to illegal alien supporters, which was caught on video at a town hall style meeting last week.

Raleigh, NC, USA (August 23, 2013) — Contact: ALIPAC (866) 703-0864 / Press@alipac.us

America’s largest political action committee seeks to endorse candidates who support our nation’s existing border and immigration laws instead of any form of Amnesty for illegal aliens. ALIPAC is pleased to announce the endorsement of Congressman Scott Desjarlais (R-TN-4) because of his courageous comments to illegal alien supporters, which was caught on video at a town hall style meeting last week.

In the video that has gone viral on the web (view here), Scott DesJarlais explains to an 11 year old girl who asks what she can do to keep her illegal alien father in the United States. “This is a big intimidating crowd and I appreciate you coming forward and asking your question, but the answer still kind of remains the same, that we have laws, and we need to follow these laws and you know, that’s where we’re at.”

Illegal alien supporters moved quickly to criticize Scott DesJarlais for supporting America’s current laws and upholding penalties of deportation for illegal immigrants.

ALIPAC moved quickly to defend Scott Desjarlais and to criticize the contrived actions of illegal immigration & Amnesty supporters taking place at town hall meetings across America.

“First and foremost it is inappropriate for foreign nationals to become illegal aliens in America and then in turn try to influence our elected officials to accommodate them with Amnesty legislation and benefits,” said William Gheen, President of ALIPAC. “Second, it is despicable that the Amnesty supporters are using children as political pawns to push their unpopular agenda. In America, we don’t use and abuse children like this to try to mislead Americans into allowing an Amnesty to pass.”

ALIPAC opposes any form of Amnesty or path to citizenship for illegal aliens because such a law would devastate any hopes for future border and immigration law enforcement in American, thus leaving the United States without borders and with none of the enforcement credibility needed to deter or thwart future waves of tens of millions of additional illegal aliens from third world areas.

ALIPAC was founded on 9/11 of 2004 in honor of the victims of 9-11 who were killed because of inadequate immigration security measures and enforcement of existing immigration laws. ALIPAC’s goal has always been to unite Americans of all races, parties, and walks of life behind candidates who support America’s current borders, immigration laws, and the US Constitution instead of any nation destroying form of Amnesty for illegal immigrants.

ALIPAC is known nationwide because of its regular appearances in the national media, and currently endorses 151 federal candidates with the addition of Scott Desjarlais at http://www.alipac.us/campaign/.

ALIPAC’s more than 40,000 national supporters and more than 130,000 social media supporters are encouraged to vote, donate, and volunteer for the endorsed candidates. For more information or to schedule interviews with William Gheen, please visit http://www.alipac.us.

Cognizance taken against The Tigress Cop/DIG Darjeeling SMT Damayanti Sen and Others by The Learned Chief Metropolitan Magistrate Calcutta

Learned Metropolitan Magistrate, 6th Court Calcutta upon enquiry has been pleased to observe that, petitioner/complainant Shri Kanishk Sinha is able to prove prima facie case has alleged against the accused persons.

Patna, Bihar, August 19, 2013 — Kolkata, 24.05.2013-Mr Kanishk Sinha Managing Director of Jasper Motors Private Limited, Patna has filed a court complaint before the Learned Chief Metropolitan Magistrate at Calcutta on 21.01.2013, and on hearing Learned Chief Metropolitan Magistrate at Calcutta has been pleased to take cognizance against the accused police officers under section 120B/511 of Indian Penal Code read with section 65 of the Information Technology Act, 2008 for tampering with a computer source document/programme which is a evidence of a criminal case bi. Bhowanipur P.S./D.D. case no.179/2010 (since stayed) and further been pleased to transfer the case to the file of Learned 6th Metropolitan Magistrate at Calcutta for enquiry and trial in accordance with law.

That on dated.06.03.2013 – Learned 6th Metropolitan Magistrate at Calcutta upon enquiry has been pleased to observe “that, petitioner is able to prove a prima facie case has alleged against the accused persons, and this court finds no reason to issue process against the accused persons hence the complaint case is dismissed u/s.203 of the code of criminal procedure.”

Mr Sinha feeling aggrieved by the said order of dismissal preferred an appeal before the Learned Chief Judge, City Sessions Court at Calcutta and Learned Judge upon hearing the petitioner vide his order dated.03.05.2013 has been pleased “set aside/quash the order of dismissal of the complaint case and further been pleased to close the arguments/counter arguments till issuance of notice under section 204 of the code of criminal procedure.”

Mr. Sinha a victim of the false case made by the Kolkata police officers on the instigation of a earlier accused in a patna court wherein Non-bailable warrants were issued against Shri Keyur Majmudar and one Smt Supriti Bandhopadhyay in a complaint case bi.no.3251-2009 dated.02.12.2009, had preffered writ petitions before the Hon’ble High Court bi.W.P.18123(W) of 2012, and on hearing the Hon’ble Justice Dipankar Datta has been pleased to observe “No order on the investigating officer is required to be made for he has not mis represented the facts.”

The said observation was subsequently modified by the His Lordship while in seisin of W.P.3111(W) of 2013 wherein his Lordship has been pleased to observe “if at all the allegation of the petitioners that investigating officer is mis-leading the Learned Magistrate is to be believed it is open to the petitioners to enlighten the Learned Magistrate in this behalf for him to take appropriate action upon recording a satisfaction that there has been an attempt to mislead him.”

Mr Sinha further states that, the said tigress cop made false media hype stating that, Kanishk Sinha has made a false story of fuel-less/battery less auto engine just to dupe people, by suppressing the patent granted to Mr Kanishk Sinha by the Government of India, Ministry of Commerce and Industry New Delhi.

for feedbacks please mail : – kanishksinha28@yahoo.in

Notes to Editor:

Dear Editors- Please find enclosed herewith the case filed against Smt Damayanti Sen DIG Darjeeling and others for doing injustice with me.

For more information, please contact:
AAJ TAK
Editor

Akash Bangla
Editor
(L) 033-30901762

Ananda Bazar Patrika
Chief Reporter

Asian Age
Editor
(L) 033-22821026

Aveek Sarkar
Editor In Chief
(L) 033-2225 3142

Bangla Ekhon
Editor
(L) 033-2466 4453

Ganashakti
Editor

Kanishk Sinha
Managing Director
(M) 0091-9062407928

Los Angeles Times
Editor

Mr Tarun Basu
Chief Editor
(M) 91-9873188969

New York Times
Editor

Sanbad Pratidin
Editor
(L) 033-2247 3210

Sristi
Editor
(L) 033-24237738

The Hindu
Editor

Times Now
Editor

Times Of India
Editor

Contact:
Kanishk Sinha
Managing Director
Jasper Motors Private Limited
98-A Mundar Sah,Akashwani Road
Khajpura,PO
B.V.College,PS
Shastri Nagar
Patna- 800 014, Bihar, IN
8981611672
kanishksinha28@yahoo.in
http://www.JasperMotors.com

Landmark Judgment by Company Law Board (CLB), Mumbai Bench Setting Aside the Illegal Issue and Allotment of Shares Under ESOPs by Man Industries (India)

Judgement also allows petitioner Mr. J.C. Mansukhani to convene an Extra Ordinary General Meeting (EOGM).

Mumbai, India, July 15th, 2013 — In a significant judgement dated 30th May 2013, the Company Law Board (CLB), Mumbai Bench has set aside the issue & allotment of 26,64,000 shares under Employee Stock Options Plan (ESOPs) by Man Industries (India) Ltd. The CLB has also allowed the petitioner Mr J C Mansukhani, Promoter, Shareholder & Director of Man Industries to convene an Extra Ordinary General Meeting (EOGM) of its shareholders to discuss various issues related to mismanagement and misappropriation by Mr R C Mansukhani, the company’s Chairman. The shares issued through ESOPs amount to 5% of the company’s total paid up equity capital.

Says J. C. Mansukhani, “In order to take control of the company, Mr. R C Mansukhani along with others had wrongfully issued 26, 64,000 shares as ESOP to Employee Welfare Trust by fabricating proceedings of board meetings and disobeying own undertaking before Company Law Board not to change the shareholding pattern. We went in appeal to the Company Law Board and are satisfied with their judgement.”

The CLB order states that, “It is apparent from the careful perusal of the chain of events which have taken place immediately after filing petition relating to the allotment of 26,64,000 equity shares to Respondent no 16 (a) to 16 (c ) that the decisions taken in undue haste. Admittedly, the decisions to come out with ESOS/ESOPS was taken in the month of September 2008, however until 05/09/2012 nothing happened and no steps were taken. It appears that company started taking steps only in September 2012 and immediately after filing petition, this decision was implemented. Therefore, there are reasons to believe that after having come to know about the preparation and filing of the present petition by the petitioners the respondents started taking action and immediately after noticing the mistake in the proceedings dated 11/10/2012, they took undue advantage thereof and implemented their decision. The aforesaid facts give strength and support to the allegations made by the petitioners that was all deliberate and intentional move. It has not been disputed that on account of issuance of 26, 64,000 equity shares in the manner aforesaid the shareholding of petitioner has been reduced to 24.50% from 28.83% and the shareholding of the R1 has correspondingly increased from 35.23% to 38.13%. There are reasons to believe that the respondents no 16 (a) to 16 (c ) are the persons who are close to R1 and exercising the rights of vote by them in favour of R1 can not be ruled out. I am therefore, of the opinion that the said allotment of shares is not only in violation of the court’s order but also has been made for the sole purpose to increase the shareholding of the R1 and to decrease the shareholding of the Petitioners in order to gain control in the affairs of the company. In view of above findings, the said allotment of 26, 64,000 equity shares in favour of R 16 (a) to 16 (c) are liable to be set aside.

Having held that the said allotment of the shares is in violation of the court’s order and the motive was also malafide and thus liable to be set aside, the next question arises for my consideration is as to what order is required to be passed to secure end of justice. In my considered opinion, the setting aside of the allotment of shares in favour of R-16 (a) to R 16 (c ) and further making status quo ante as it existed prior to filing the petition on 11/10/2012 will be just, proper and fair and by doing so the substantial justice will be done between the parties.

It is declared that the meeting of the compensation committee purportedly held on 15/10/2012 is illegal and their decision to allot 26,64,000 shares as ESOPS is non-est, ineffective and invalid being in contravention of the undertaking tendered by the R6 Company through its Counsel before the bench on 11/10/2012. Accordingly, the issue and allotment of impugned 26, 64,000 shares in favour of the R16 (a) to 16 (c) is hereby cancelled. The status-quo ante in respect of the shareholding pattern of the R6 Company, as it existed on 11/10/2012 is restored. The R6 Company and its present Board of Directors are directed to take steps accordingly. The ROC, Mumbai shall do the needful to comply with the direction.”

Notices for calling Extra Ordinary General Meeting of shareholders of Man Industries dated 15th January, 2013 were served by JC Mansukhani on the Company for appointment of 5 additional directors and removal of all existing directors including Chairman Mr. R C Mansukhani. The Hon’ble Company Law Board, Mumbai Bench has, vide its Order 30th May, 2013, held that “the Petitioners (J C Mansukhani) are free to act upon their notice thereby calling upon the EOGM. The R6 Company is directed to take necessary steps in accordance with law. The interim stay, if any, is hereby vacated.”

Pursuant to above verdict, the Company was required to convene the Extra-Ordinary General Meeting by 12th June, 2013. In view of the failure of the Board of Directors of the Company to convene the EOGM within the stipulated time period as mentioned above, J C Mansukhani has initiated actions to convene and hold the EOGM on Thursday, July 25, 2013 in accordance with the provisions of the Section 169 of the Companies Act, 1956. The EOGM Notice can be viewed on www.jcmangroup.com.

J C Mansukhani has also given an offer to Mr. R C Mansukhani & Group to buy their shares as directed by Company Law Board in its Judgement of 30th May 2013.

J C Mansukhani further states that Mr. R C Mansukhani has adopted unfair means by misusing the platform of BSE and NSE website to communicate with the innocent shareholders and thereby misguide and mislead them with false announcements under pretext of “Outcome of Board Meeting” to put hurdle in the smooth convening of EOGM. This also amounts to contempt of Court order by the Company. J C Mansukhani has complained to SEBI to protect the right of minority shareholders and take strong action against these malicious activities of Chairman and compliance officer. For further details please visit the website www.jcmangroup.com

This Press Release has been issued on behalf of Mr J C Mansukhani and Mr J C Mansukhani takes full responsibility for the statements made in this press release.

Press & Media Contact:
J C Mansukhani
JCMANGroup.com
Mumbai, India 400 056
022 – 67127024
jcm@jcmangroup.com
http://www.jcmangroup.com