Defamation
sankar Krishnamoorthy
(Querist) 09 May 2015
This query is : Resolved
DEAR EXPERTS,
I HAVE SENT A MAIL TO A COMPANY AS A SHARE HOLDER INQUIRING ABOUT SOME EAR SAY COMMENTS ABOUT THE COMPANY.
YESTERDAY THEY SENT ME A NOTICE IN THEIR LETTER PAD,WHY NOT THEY FILE A CASE AGAINST ME FOR PROVIDING FALSE INFORMATION AND USING HARSH LANGUAGE AGAINST THEIR CMD. THEY WANTED ME TO RESPOND BEFORE 15TH OF THIS MONTH OTHERWISE THEY WILL FILE A CASE AGAINST ME,WITH A COPY TO THE CHAIRMAN SEBI AND MD ,BSE.
DEAR EXPERTS,I AM NOT HAVING ANY MALAFIDE OR ANY PERSONAL INTENTION AGAINST THE COMPANY OR ITS CMD. JUST I WANTED TO KNOW THE TRUTH.SO IMMEDIATELY I REPLIED TO THEM AS FOLLOWS:
1.REPLY TO THE COMPANY.
DEAR SIR,
RECEIVED YOUR MAIL AND NOTED THE CONTENTS.FIRST OF ALL I TENDER AN UNCONDITIONAL APOLOGY TO YOUR CMD,FOR ANY PAIN OF MIND AND OR LOSS OF REPUTATION AND /OR DEFAMATION OF CHARACTER MAY HAVE
CAUSED TO HIM.
ACTUALLY I CAME ACROSS VARIOUS SHARE BROKERS WHILE DEALING IN SECURITIES TRADING.
IN ONE SUCH A PLACE,I HAPPEN TO HEAR THE CONTENTS MENTIONED IN MY LETTER.
WITHOUT VERIFYING THE FACTS AND OUT OF FRUSTRATION FOR INCURRING HEAVY LOSS IN THIS COUNTER,FOR A LONG TIME I WAS SOME BIT
ANNOYED.
MOREOVER I WISH TO SAY THAT I HAVE NOT MADE MY LETTER PUBLIC IN ANY PRINT , VISUAL MEDIA OR SOCIAL MEDIA TO MALIGN HIS NAME AND REPUTATION.THIS LETTER IS BETWEEN ME AND THE COMPANY ONLY AND NO ONE ELSE KNOW IT.
I APOLOGIZE UNRESERVEDLY TO YOUR CMD FOR ANY HURT OR UPSET CAUSED TO HIM.
A SINCERE APOLOGY CAN GO A LONG WAY TO MENDING SOME OF THE HURT CAUSED.
I HOPE TO BE EXCUSED FOR THE FEELINGS HURT,AND I DO HOPE IN THE BEST INTEREST OF THE SHAREHOLDER COMMUNITY ,YOU WILL UNDERSTAND MY GENUINE APOLOGY.
HOPE TO HAVE A LONG TIME RELATIONSHIP.
THANKING YOU.
SINCERELY YOURS,
2.WITH A COPY TO THE CHAIMAN,SEBI AS FOLLOWS:
TO,
SHRI.U.K.SINHA,
CHAIRMAN,
SEBI,
MUMBAI.
.
DEAR SIR,
AN E MAIL HAS BEEN SENT TO THE SECRETARY (OF THE SO CALLED COMPANY,WHICH I DON'T WANT TO MENTION HERE AT THIS LCI BOARD)WHICH IS FORWARDED HEREWITH,WHICH IS SELF EXPLANATORY.
KINDLY NOTE THE CONTENTS,AND DO ME THE NEEDFUL.
AS A SMALL INVESTOR,I HOPE SEBI WILL COME TO MY RESCUE AND PUT AN HAPPY ENDING TO THIS DISPUTE.
THANKING YOU SIR.
REGARDS,
AND WITH A COPY TO BSE AS FOLLOWS:
TO,
SHRI.N.R.BAGADE,
BSE.
MUMBAI.
DEAR SIR,
AN E MAIL HAS BEEN SENT TO THE SECRETARY (OF THE SO CALLED COMPANY,WHICH I DON'T WANT TO MENTION HERE AT THIS LCI BOARD)WHICH IS FORWARDED HEREWITH.
KINDLY NOTE THE CONTENTS,AND DO ME THE NEEDFUL.
AS A SMALL INVESTOR,I HOPE BSE WILL COME TO MY RESCUE AND PUT AN HAPPY ENDING TO THIS DISPUTE.
THANKING YOU SIR.
REGARDS,
DEAR EXPERTS,IS THIS O.K?
WILL THE COMPANY ACKNOWLEDGE MY UNCONDITIONAL APOLOGY?
WHAT WILL HAPPEN TO ME AFTER MAY 15 TH?
PLEASE REPLY.
THANKING ALL OF YOU SIRS.
REGARDS.
Guest
(Expert) 09 May 2015
Mr. Sankar,
There seems no substance in your query, rather looks like an academic query, even on long description, as if you have been asked by your law school to draft an apology letter to the company on some academic query.
However, if if there is 1% substance in your query, it depends solely upon the company management, how serious that takes your offence. So, without knowing the contents of your letter and the contents of the notice, no coomments can be made on your apology letter.
Even the SEBI or the BSE can't come forward to your rescue without knowing the actual contents of your letter and the notice of the company on that.
Your questions, (1) "WILL THE COMPANY ACKNOWLEDGE MY UNCONDITIONAL APOLOGY?" (2) "WHAT WILL HAPPEN TO ME AFTER MAY 15 TH?" are quite irrelevant, if you think that the experts are competent to reply your questions on behalf of the company, or as if they are astrologers to predict, what will happen to you after 15th May, when you are not ready to reveal the contents of your letter and the notice of the company.
A very simple & straight question arises, if you felt heavy loss in the said counter, why not you sold the shares instead of writing the offensive letter to the company? Did you think that the company would admit their fault, if there exists any, in reply to your letter or would reimburse the loss to be incurred on your stocks?
R.K Nanda
(Expert) 09 May 2015
query too long.
Kumar Doab
(Expert) 09 May 2015
First the letter that you have written to the company should have been shown to your counsel to draft your reply.
Rajendra K Goyal
(Expert) 09 May 2015
The result on your letter depend on the Company, nothing an be predicted.
sankar Krishnamoorthy
(Querist) 09 May 2015
DEAR EXPERT,
THANKING YOU FOR REPLYING TO MY QUERY.EXTREMELY FEEL SORRY,IF I HAVE TAKEN YOUR VALUABLE TIME IN ANSWERING MY QUERY.
FIRST OF ALL DUE TO THE ONGOING DISPUTE BETWEEN US, I AM NOT ABLE TO REVEAL THE ENTIRE CONTENTS OF BOTH THE LETTERS.THE COMPANY MAY GET ANNOYED IF I PUBLISH ALL THOSE LETTERS IN PUBLIC.
MOREOVER DEAR EXPERT,EVERYTHING WAS GIVEN IN BLACK AND WHITE TO SEBI AND BSE WITH ALL THE NECESSARY ATTACHMENTS,WHICH IS MANDATORY.
I HAVE NOT ASKED ANY COMPENSATION FOR THE LOSSES I SUFFERED IN THIS COUNTER,AS I AM IN THIS FIELD SINCE 1985,AND I KNOW THE RISKS INVOLVED IN THE TRADING OF THE SECURITIES.
I JUST WANTED TO KNOW AND INQUIRE ABOUT SOME ALLEGED FINANCIAL IRREGULARITIES COMMITTED BY THE MANAGEMENT ON EAR SAY WITH SOME BROKERAGES THAT MAY BE THE ROOT CAUSE FOR THE DETERIORATING SHARE VALUE.(LIKE SATYAM COMPUTER RAMALINGA RAJU).
INSTEAD OF ADMITTING OR REFUSING MY QUERY THEY HAVE THREATENING ME WITH DIRE CONSEQUENCES.
MOREOVER THE CONTENTS OF THE LETTER HAVE NEVER MADE PUBLIC IN ANY TYPE OF MEDIA, INCLUDING THIS PRESTIGIOUS FORUM. HENCE I THINK THE LOSS OF REPUTATION WILL NEVER ARISE.
I DO UNDERSTAND THAT MY QUERY IS ACADEMIC IN NATURE AND IT IS NOT IN DETAIL.
ONCE AGAIN I FEEL SORRY FOR TAKING YOUR VALUABLE TIME IN ADDRESSING MY QUERY.
I WISH TO SAY TO THE COMPANY:
1.There is a higher court than courts of justice and that is the court of conscience. It supercedes all other courts.
-BY MAHATMA GANDHI.
2.In matters of truth and justice, there is no difference between large and small problems, for issues concerning the treatment of people are all the same.
-BY ALBERT EINSTEIN.
I SINCERELY SALUTE ALL THE EXPERTS OF LAW IN THIS FORUM FOR THEIR TIRELESS SERVICE TO THE SOCIETY.
Kumar Doab
(Expert) 09 May 2015
You have not disclosed the name of the company in this post.
You or anyone can attach the copy or reproduce the contents after erasing the names/logo etc to maintain the confidentiality.
Or you could have or even now you can show the letters to your counsel.
Showing the contents to your counsel may not tenetamount to loss of reputation.
However it is entirely upto you to proceed further as deemed fit by you.
Your wishes and thanks to the forum are appreciated.
sankar Krishnamoorthy
(Querist) 09 May 2015
DEAR KUMAR DOAB SIR,
PRANAMS.
I ONCE AGAIN EXPRESS MY GRATITUDE TO THIS FORUM LAWYERS.I AM INDEBTED TO THEM AS I ENJOYED THEIR SERVICES ,LOT OF TIMES.I PRAY THE ALMIGHTY TO SHOWER HIS CHOICEST BLESSINGS TO ONE AND ALL THE EXPERTS OF LAW IN THIS FORUM.
ANYHOW I WILL TRY TO REPRODUCE THE CONTENTS IN A COUPLE OF DAYS ,AS I AM NOT HAVING ENOUGH TECHNICAL SUPPORT AT MY HOME HERE.
GOOD NIGHT TO ALL SIR.
Sudhir Kumar, Advocate
(Expert) 10 May 2015
Not read the long narratives.
As far as defamation is concerned no proper view can be form without knowing what was the letter you sent and ho you sent.
Dr J C Vashista
(Expert) 10 May 2015
Contact, consult and engage a local lawyer to resolve your story, it is too long.
sankar Krishnamoorthy
(Querist) 10 May 2015
THANK YOU ALL EXPERTS OF LAW.I BOW MY HEAD TO YOU ALL FOR ALL YOUR SUPERIOR GUIDANCE.
The Peace Prayer of a saint.
Lord, make me an instrument of your peace.
Where there is hatred, let me sow love;
Where there is error, truth;
Where there is injury, pardon;
Where there is doubt, faith;
Where there is despair, hope;
Where there is darkness, light;
And where there is sadness, joy.
O Divine Master, grant that I may not so much seek
To be consoled as to console;
To be understood as to understand;
To be loved as to love.
For it is in giving that we receive;
It is in pardoning that we are pardoned;
It is in self-forgetting that we find;
And it is in dying to ourselves that we are born to eternal life.
Guest
(Expert) 10 May 2015
Thanks for your prayer.
sankar Krishnamoorthy
(Querist) 10 May 2015
DEAR ALL EXPERTS OF LAW,SALUTATIONS.
AS A TOKEN SERVICE TO THE SOCIETY ,I AM PROMOTING A FACE BOOK PAGE BY NAME,"TAMIL NADU AGAINST CORRUPTION",WITHOUT ANY BIAS TO ANYBODY.
KINDLY CONTRIBUTE YOUR VALUABLE SUGGESTIONS AND ARTICLES TO THIS PAGE,WHENEVER YOUR TIME PERMITS,FOR THE BENEFIT OF OUR MOTHERLAND.
THANKING YOU.
REGARDS,
SANKAR S.K.
T. Kalaiselvan, Advocate
(Expert) 12 May 2015
Mr. Sankar,
It is a good thing that you are having innovative ideas, but it equally important to have a control over the activities and there should not be excess due to over enthusiasm or else you will again land up in trouble.
sankar Krishnamoorthy
(Querist) 12 May 2015
THANK YOU SIR,FOR YOUR KIND ADVICE. I WILL KEEP IT IN MY MIND,SIR.GOOD DAY TO YOU SIR.
