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Chennai:
Polaris Software CEO Arun Jain and senior vice-president
Rajiv Malhotra reached home on the Christmas day after
spending 11 traumatic days in Indonesia (See ).
Immediately after landing in Chennai (from Singapore),
Jain addressed a press conference, in which he described
his Indonesian safari as a learning experience.
For
the first time since Jains detention in Jakarta
on Friday, the 13th he revealed that the Polaris
customer, Bank Artha Graha, actually wanted $10 million
in damages for the delay in the implementation of the
project (See ). But due to the intervention
of the Indian external affairs ministry and the Indian
embassy in Jakarta, both of them could return to India
without paying a single paise.
The
contract says that the maximum liability under any circumstances
would be limited to the money that Bank Artha Graha had
paid Polaris, which now stands at $6,62,000. What secured
the release of Jain and Malhotra was the assurance given
to the Indonesian authorities by the ministry of external
affairs, that both the Polaris officials will present
themselves in the Indonesian courts whenever necessary
and will pay the $6,62,000 if the court so ordered (See
).
To
back this assurance, Polaris Software has given a cheque
for $6,62,000 to the Indian embassy in Jakarta, to be
handed over to Bank Artha Graha, in case the Indonesian
courts ruled in favour of the bank. Polaris officials
also mentioned that the agreement contained a clause that
said that in case of any dispute, the parties will resolve
the dispute through an arbitration process in Singapore.
The
officials admitted that they had agreed to a trial in
Indonesia under duress, and that the assurance of the
Indian external affairs ministry was only for their personal
appearance it would not stand in the way of Polaris
demanding a Singapore-based arbitration.
The
course of action the company will take is as yet unclear.
Jain said whether the company would go in for a defamation/damages
suit or not would be decided at a board meeting later.
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