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Chennai:
The board of Polaris Software met today to take on
record and review the future course of action on the unlawful
detention of its chairman and managing director and CEO
Arun Jain and senior vice-president Rajiv Malhotra in
Indonesia.
Through
a resolution, the Polaris board also placed on record
its gratitude to and acknowledged the support of the Indian
government through its unprecedented diplomatic efforts
led by External Affairs Minister Yashwant Sinha, IT Minister
Pramod Mahajan and their respective offices. The board
hopes that, going forward too, this support will be available.
The
Board also formally placed on record its thanks to the
Indonesian government and officials who facilitated the
safe return of Jain and Malhotra to India. Through another
resolution, the board also thanked the tireless efforts
for this India Inc cause made by the Confederation of
Indian Industry, Nasscom and the media.
The
board, upon reviewing the complete episode, has unanimously
agreed that the case was clearly a commercial dispute
between Bank Artha Graha and Polaris Software, and did
not qualify, under any circumstances, as a criminal
dispute.
The
Polaris board has recommended the following actions:
- Polaris
to move the arbitration proceedings against
Bank Artha Graha in Singapore as specified by the contract
for commercial disputes
- Polaris
to move legally in Indonesian courts to quash any criminal
charges under the Indonesian law
- Polaris
also to contemplate all other legal action(s) with respect
to the Bank Artha Graha case
The
board also today has appointed a legal committee to oversee
the above actions of Polaris against Bank Artha Graha.
This committee will be headed by Arvind Kumar, a director
on the Polaris board and a Supreme Court lawyer.
Commenting
on his appointment as head of the legal committee, Kumar
said: We clearly recognise this to be a commercial
dispute only. But, even as we proactively initiate arbitration
proceedings to settle
the dispute with Bank Artha Graha, we will explore all
legal avenues to see what action can be taken against
the bank for its unlawful action against our chairman
and another senior executive.
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