Under Para 14 of Fomentos Petition against Sebastian Rodrigues; from where does the extracts taken from bolg: Look out for Yellow coloured texts in the midst of its contexts. The capital alphabets are sub paras in Fomento suit main para no. 14.
A, B & C.
Wednesday, August 20, 2008
Mining disasters are normal for Fomentos
Its hard to digest yet we are forced to; for Fomento mining company, mining disasters are normal and a part of its trade.
A statement from Lithoferro mining company that has mining lease of collapsed Advalpal mine has said in Herald today that 12 benches collapse of Advalpal mine operated by Fomentos is internal matter of the mining company. The actual operation of the mine is carried with grave threat to the safety, security and economy of the village of Advalpal in Bicholim Taluka. The management sitting at 5 star hotel Cidade de Goa can hardly understand even a fraction of a threat to the village.
This is not the first time that the Fomentos are involved in disaster as policy; in June 2000 its mine - the same one on when it held Environmentalist Rajendra Kerker and Journalist Prerna Bindra as hostage for two hours for clicking photographs of the ore and released after public pressure yesterday evening - collapsed sending dangerous mining silt into People's houses. With that disaster Pissurlem was flooded and mining debris - meter thick - deposited in houses including in kitchens and bedrooms of Pissurlem villagers. Yet no debris reached to Cideade de Goa, its swimming pools are yet to witness mining silt.
Then in Colamb this year itself on June 12, 2008 Fomentos methodically released mining silt in People's agriculture supervised by its site manager and security officers. Fomentos achieved this disastrous feat again on August 09, 2008 by releasing silt into People's agriculture.
With this track record is yet to become clearer as to whom Fomentos are aiming to bluff. Hardly anyone in Goa is now susceptible to swallow Fomentos august bluff. Never mind let's wish all the best to the corporate for its bluffs; for cat while drinking milk from the utensil closes her eyes with the belief that nobody watches her. Fomentos possibly believe the same: nobody watches and understands its mega bluffs.
We can never let any mining company to make disasters as normal practice of operations. if it does so then they have no right to operate the mine. It has to be shut down once for all.
Sebastian Rodrigues
D.
Wednesday, August 20, 2008
Rajendra Kerker, Prerna Bindra win back freedom from Fomentos
After suffering 2 hours ordeal of wrongful confinement at Pissurlem Fomento's supposedly clandestine mining operations Goa's noted Environmentalist Rajendra Kerker and Journalist from National Press - Tehelka - on Goa visit Prerna Bindra freed themselves last evening.
Both of them were on a Fomento mining visit yesterday when securities intercepted them while taking photographs at around 3.40 pm. It is not yet clear as to which nefarious aspect of its Pissurlem mine that Fomentos was preventing from Public glare: Is it the fact that it is operating this mine on government lands? Is it that it was re-started after a long period of shut down with the influence of MLA and Health Minister Vishwajit Rane? Or does it worried that ugly reality of Pissurlem mining for over half century would open new Pandora's box?
Whichever may be the concern, one thing is clear that Fomentos are scared of Cameras! As soon as Prerna Bindra and Rajendra Kerker started taking Pictures security charged at them. Immediately 1 of them came and then 10 and final number of security was 30! All to prevent two people from taking pictures of the lying Iron Ore.
Fometos response with its security was like it was trying to cover up murder secrets with investigations on freshly buried corpses! Oh yes, Fomentos perhaps has awaken to the fact that its mining practices in Pissurlem, Advalpal, Colamb and all other mines is actually equivalent of murder. Murder of water sources, murder of agriculture, murder of forest, Murder of people through inflicting lung diseases, many other variety of murders. It is happy occasion that Fomentos have finally woken up to its behaviour and actually want to actively cover up and hide from the press and public gaze through deployment of security!
We wish Fomentos all the very best in it's adventure to cover up and may nest time the number of security increase by at least, one more zero - it may increase from 30 to 300 per mine in Goa, for you have so much to hide!
Around 4.55 pm Action Alert was circulated on Goa Net asking people to call up Police station in Valpoi and cell contact of the Valpoi PI Vaigankar when Kerker and Bidra was still in custody of the Fomentos in Pissurlem. After public focus and frantic phone calls to police station, both of them including their driver was rescued at 5.40 pm when the Fomentos was forced to open their closed gates.
Then they were led by police to Valpoi Police station and they were there till 6.40 pm. There Company gave in written complaint of trespass against Kerker and Bindra, police accepted the complaint but yet to register the same. Prerna gave written complaint of indecent behaviour towards her by Fomentos staff. Valpoi Police Station was continuously being contacted by People all over Goa and even abroad. Police on the phone were repeatedly denying the charge of wrongful restraining Kerker and Bindra. Their denial is understandable considering the immense pressure they were under from Cidade de Goa as well from MLA Rane.
Surely, we do not know what Prerna Bindra is going to write in the paper that writes for, but your brave fight in Pissurlem is already an inspiration to us, for you along with Rajendra Kerkar have refused the pressure of 30 male security and management to hand over your cameras to their power and mights!
Struggle continues!!
Sebastian Rodrigues
E.
Tuesday, August 19, 2008
Advalpal anticipates mining disaster: Petitions authorities
Shyansunder P. Naik
Varcha wadda, Advalpal
Bicholim, Goa.
Date: 18/08/2008
To
The Mamlatdar
Office of the Mamlatdar
Bicholim-Goa.
Sub:- Dangers to our houses due to "FOMENTO MINES".
Sir,
This is to bring to your kind attention that one of the mines operating in Advalpal village lease owned by Lithoferro had blocked the natural nallah/drainage; as a result they are pumping out the rainwater from the pit and let it flow from other nallah which flows from backsides of our houses.
It is also to be noted that all the flashes of the mine have collapsed and therefore, a disaster is anticipated, which is likely to repeat the case of 2000 in which mining reject gushed down into our locality damaging houses at midnight.
Hence in the light of above, our protest against the mines operating at Advalpal has been proved right.
You are therefore requested to conduct a site inspection as early as possible to avoid serious casualties. A case under 133 Cr. Pc. is also pending before Dy. Collector's Court.
Thanking you,
Yours truly,
Sd/
(Shamsunder P. Naik)
C.c to
The Chief Minister,
The Chief Secretary,
The Dy.Collector, Bicholim,
The Department of Mines and Geology,
The regional controller office IBM, Fatorda, Margao,
The Director-General of Mine and Safety, Margao,
The M.L.A Bicholim
F.
Tuesday, November 18, 2008
Colamb protestors to spend a day at Quepem Police station today
Seven Colamb protestors who were released on bail last night are to spend day at Quepem Police station today. This was the condition on which they were granted bail last night. The seven villagers includes Motesh Antao, Egyps D'Souza, Dument D'Souza, Shanto Velip, Rama Velip, Telu Dias and Xavier Fernandes. They will have to be at the Police station from 9.30 am to 12.00 noon and from 2.30 pm to 5.00 pm
It is interesting to note that in spite of police complaint against Fomento mining company for destryoing their agiculture neither official nor managing director of Fometos have ever been arrested. This is clear indication as to on whose side State machinery in Goa is operating at present. State machinery inluding the police has become the extended arm of the mining companies in Goa.
Sebastian Rodrigues
G.
Three Goa Police Jeeps petrolled Colamb last night
Three Goa Police Jeeps patrolled Colamb on November 13 2008 night in order to provide security cover to the Fomento mining company that has transformed itself from unwanted guest to unwanted intruder. Fomentos are operating the mine in Colamb, Sanguem with the agreement of 95% sharing of profits to itself and 5% to Hiralal Khodidas who were granted mining lease by erstwhile Portuguese Colonial regime in 1949.
Police Petrolling began in the evening at 6.30 pm on 13th November 2008 and ended early morning 5.00 am on 14th November 2008.
Colamb village people has used various democratic and constitutional methods such as petitioning to the authorities but all the authorities have failed to protect Colamb villagers and Fomentos continue to enjoy a field day with State protection to destroy Goa's ecology and livelihood of its people. Fomentos like all other mining companies are making sure that hope of possible future for Goa's children are crushed under the minin dozers forever. This is all that they have to offer to Goa's children and its grandchildren on children's day today. We have an option either to accept it as gift from mining companies or reject it with our stong words and bold actions.
Sebastian Rodrigues
Posted by MAND at 11/14/2008 10:35:00 AM 0 comments Links to this post
Labels: Colamb, Mining, police
H.
Thursday, November 13, 2008
Two Jeep load of Goa Police in Colamb for night!
According to information received received at 6.55 pm today two jeeps belonging to Goa Police has entered Colamb village with intention to arrest villagers protesting Fomentos mining company. Villagers are up in arm against Fomentos are demanding that the company would up its business in the village.
Yesterday when the protests against the mining company was going on Police came and harassed villagers and other people from various parts of Goa. Some security staff of the mining company beat up three protesters. Police team took possession of the banners and placards tore it apart. All this, villagers allege was done at the instance of Fomento mining company that is known to use Police for the private purpose of profit maximisation.
Sebastian Rodrigues
Posted by MAND at 11/13/2008 07:38:00 PM 0 comments Links to this post
Labels: Colamb, Mining, police
I. & J.
Thursday, November 13, 2008
Goa Government as Joker in the circus of mining companies
Goa Federation of Mines Affected People (GOAMAP) strongly condemns Goa Police connivance with Fomento mining Company. This connivance was once again exposed - after Maina episode of beating up villagers in presence of Police by mining goondas, on October 11 2008 - with Police Arrest of Colamb villagers along with number of other People on Solidarity trip to Colamb yesterday 12th November 2008. Around 86 people were arrested for allegedly trespassing into the mining lease 06/1949 belonging to Hiralal Khodidas when they forced the mining company to stop work.
One lady constable bearing badge number 6769 assaulted Colamb woman Dument D'Souza just before the arrests in the afternoon in presence of mamlatdar. Mining security staff along with the truck drivers assaulted three people while police were affecting arrest.
Villagers are demanding that this mining lease be closed down due to negative effect on their water bodies, forest and agriculture - being the mainstay of village economy. The agitation to close down mining in the village has been on for the past one and half year. If logic of trespass into mining lease is accepted then entering 85% of Colamb becomes a criminal offence as it is covered with 23 mining leases. And entering into 1/4th Goa's geographical area that is covered with over 1300 mining leases becomes criminal activity. Every movement of people in these localities including dwelling and agriculture is criminal tress. This is simply ridiculous!
It is truly shameful that government of Goa have chosen to align government machinery to be abused for private purpose thereby reducing Goa Government as mere joker in a circus of mining companies.GOAMAP demands immediate cancellation to Hiralal Khodidas mining leases number 06/1949 that does not belong to Fomentos.
GOAMAP also urges Goa Police not to dance to the tune of mining companies such as Fomentos and go about harassing people that are contributing to their salaries as public servants.
Sd/-
Sebastian Rodrigues
(Convenor)
Posted by MAND at 11/13/2008 06:34:00 PM 0 comments Links to this post
Labels: Colamb, GOAMAP, Mining
K.
Wednesday, November 12, 2008
Goa battles mining industry: Fomentos challenged in Colamb
Goa today is battling mining industry. People from all over Goa have gathered in Colamb village of Sanguem Taluka in solidarity with the local villagers. According to the reports received at 12.50 pm Fomentos are forced to close down the mining activities today morning.Goa Police team headed by Quepem PI Santosh Desai has reached mining site with six police personnel. In peaceful Colamb village Fomentos have lost their sleep as the company was patrolling the site the whole night and the senior official of mining company - that owns Cidade de Goa five star hotel patronized by Government of Goa - is camping the mine from 7 am in the morning.
Fomentos are avid Portuguese loyalist as they were awarded mining leases by erstwhile Portuguese colonial regime and continue to be loyal till date. In fact its boss and Managing Director - Audooth Timblo - is listed to be present for Portuguese Government's function today and tomorrow evening.Colamb villagers have submitted up teem number of memorandums to various authorities to shut down this mine but authorities have behaved deaf.
Sebastian Rodrigues
Posted by MAND at 11/12/2008 12:55:00 PM 0 comments Links to this post
Saturday, January 10, 2009
Wednesday, January 7, 2009
Police protection to mining firm in Colamb
Goa Police protection is accorded to mining firm operating in Colamb. According to reports large number of Police personnel are posted to prevent villagers from disrupting transportation of Iron Ore in Colamb. More details are awaited.
Yesterday too mining transportation was carried on with police protection in Colamb.
Sebastian Rodrigues
Yesterday too mining transportation was carried on with police protection in Colamb.
Sebastian Rodrigues
Saturday, January 3, 2009
Fomentos claim Rs.500 Crores as damages for defamation at Calcutta High Court
Suit No. of 2008
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
SOCIEDADE DE FOMENTO INDUSTRIAL PVT. LTD., a company registered under the Companies Act, 1956 having its Registered Office at Vila Flores da Silva, Erasmo Carvalho Street, Margao-Goa, 403 601
PLAINTIFF
-Versus-
SEBASTIAN alias SEBI Rodigues, 34 years of age, resident of Near Siolim Govt. Health Centre Igrejawaddo, Siolim, Bardez Taluka Goa, outside jurisdiction of this Hon’ble Court.
DEFENDANT
THE PLAINTIFF STATES THAT:-
1. The plaintiff is a company incorporated under the Companies Act, 1956 having his Rigistered Office at Villa Flores da Silva, Erasmo Carvalho Street, Margao – Goa – 403 601 outside the jurisdiction of this Hon’ble Court.
2. The Fomento group was started in 1957 and is one of the largest industrial houses in Goa with diversified activity like mining and export and is also in hospitality business and today has a number of sister companies operating under its umbrella like M/s. Hardesh Ores Private Limited, Infrastructure Logistics Private Limited, Prime Mineral Exports Private Ltd. Fomento (Karnataka) Mining Company Private Limited, etc. The Plaintiff operates various mines in Goa, Karnataka and Maharashtra and is on the threshold of opening new mines in Andhra Pradesh and South Africa and is also providing infrastructure and logistic support to various other leading mining companies in India with special focus on Iron Ore. Having considered the mining operations by the late Sixties, the plaintiff initially went into a spree of mining related diversifications and today fomento Group has in its fold mining, river fleet operations and a five star luxury beach resort at Panaji Goa known as Cidade de Goa.
3. The plaintiff has earned huge goodwill in and outside India and commands huge respect from all concerned for its unblemished law abiding track record for such a long period.
4. Wherever the plaintiff take up mining activities all necessary legal formalities and/or requirements are maintained in the most strict sense by executing mining lease, necessary consent from different authorities and on the basis of NOC from various authorities under the specific acts applicable and specimen copies of such documents being (a) Mining Lease (Form K) (b) Application for renewal of mining lease (FormJ) (c) Environmental Clearance granted by the Ministry of Environment and Forests (d) Consent to Establish (NOC) (e) Consent of Operate granted by the State Pollution Control Board in terms of Air (Prevention and Control of Pollution) Act, 1981 along with renewal (f) Consent to Operate granted by the State Pollution Control Board in terms of water (Prevention and Control of Pollution) Act, 1974 (g) Approval from Indian Bureu of Mines are annexed hereto and collectively marked with letter “A” as part of this plaint.
5. The details of the mines which are being operated at Colomba and Advalpal against which defamatory articles have been written are as follows:-
Name of the Lessee – Hiralal Khodidas (presently being operated by the Plaintiff and its sister concerns M/s Hardesh Ores pvt. Ltd.)
Name of the mining concession – Gogoro Ore Gulcan Dongor mineral – Extracted from the said Mine iron and manganese ore.
Title Concession- of the mine bearing No. 6 of 11.7.1949
Area covered by the Said Mine – 70.1870 Hectares.
Location – Colomba Village of Sanguem taluka.
NAME OF THE LESEES: M/S. LITHO FERRO (Presently being operated by the sister concerns of Fomento Group Infrastructure Logistics Pvt. Ltd. And Prime Minerals Exports Pvt. Ltd.)
Name of the Mine: Calsanicho Mato De Oilomol Mine
MAP No. 292
T.C. No. 89 of 07.11.1952.
AREA -47.30 hectare.
Location – Advalpal Taluka Bicholim
6. In terms of such documents the plaintiff has his rights reserved as follows:-
To enter upon land and search for win work etc.
(a) Liberty and Power at all times during the term hereby demised to enter upto the said land and to search for mine, bore, bid, drill, for win, work, dress, process, convert, carry away and dispose of the said minerals/minerals.
To sink drive and make pits shafts and inclines etc.
(b) Liberty and power for or in connection with any of the purposes mentioned in this part to sink, drive, make, maintain and use in the said lands any pits, shafts, inclines, drifts, levels, waterways and airways and other works (and to use, maintain, deepen or extent any existing works of the like nature in the said lands)
To bring and use machinery equipments etc.
(c) Liberty and power for or in connection with any of the purpose mentioned in this part to erect, construct, maintain and use on or under the said lands any engines, machinery, plant, dressing, floors, furnaces, coke, ovens, brick-kilns, workshops, store-houses, bungalows, godowns, sheeds and other buildings and other works and convenience of the like nature on or under the said lands.
To make roads and ways etc. and use existing roads and ways:
(d) Liberty and power for or in connection with any of the purpose mentioned in this part to make any tramways in or over the said lands and to use maintain and go and repass with or without horses, cattle, wagons, aircrafts locomotives or other vehicles over the same (or any existing tramways, railways, roads and other ways in or over the said lands) on such conditions as may be agreed to.
To get building and road materials etc.
(e) Liberty and Power for or in connection with any of the purposes mentioned in this part to quarry and get stone gravel and other building and road materials and clay and to use and employ the same to manufacture such clay into bricks or tittles and to use such brick or tiles but not to sell any such materials bricks or tiles.
To use water from streams etc.
(f) Liberty and power for in connection with any of the purposes mentioned in this part but subject to the rights of any existing or future lessees and with the written permission of Deputy Commissioner/Collector to appropriate and use water from any stream, water-courses, springs or other sources in or upon the said lands and to divert step up or dam any such stream or water course and collect or impound any such water and to make construct and maintain any water course, culverts, drains or reservoirs but not so as to deprive any cultivated lands, villages, buildings or watering places for livestock of a reasonable supply of water as before accustomed nor in any way to foul or pollute any stream or springs. Provided that the lessee/lessees shall not interfere with the navigation in any navigable stream nor shall divert such stream without the previous written permissions of the State Government.
To use land for stacking, heaping or depositing purposes:-
(g) Liberty and power to enter upon and use a sufficient part of the surface of the said lands for the purpose of stacking heaping, storing or depositing therein any produce of the mines or words carried on and any tools, equipment, earth and materials and substances dug or raised under the liberties and powers mentioned in this part.
Beneficiation and conveying away of production :
(h) Liberty and power to enter upon and use a sufficient part of the said lands to beneficiate any or produced from the said lands and to carry away such beneficiated ore.
To make coke (To be used in case of coal only)
(i) Liberty and power upon the said lands to convert into coke any coal dust produced from the said land and to carry away such coke.
To clear brushwood and to fell and utilize trees, etc:
(j) Liberty and power for or in connection with any of the purposes mentioned in this part and subject to the existing right of others and save as provided in clause 3 of part III of this schedule to clear undergrowth and brushwood and to fell and utilize any trees or timber standing or found on the said lands provided that the State Government may ask the lessee/lessees to pay for any tress or timber felled and utilized by him/them at the rates specified by Deputy commissioner/collector or the State Governement.
7. In terms of each documents the plaintiff has to follow restrictions and conditions as to the exercise of the liberties, powers and privileges given under such lease documents as follows:-
No building etc. upon certain places:-
a. No building or thing shall be erected set up or placed and no surface operations shall be carried on in or upon any public pleasure ground burning or burial ground or place held sacred by and class of persons or any house or village site public road or other place which the State Government may determine as public ground for in such a manner as to injure or prejudicially affect any buildings, works, property or rights of other persons and no land shall be used for surface operations which is already occupied by persons other than the State Government for work or purposes not included in this lease. The lessee/Lessees shall not also interfere with any right of way well or tank.
b. permission for surface operation in a land not already in use.
Before using for surface operations any land which has not already been used for such operations, the Leasee/Lessees shall give to Deputy Commissioner/Collector of the District tow calendar months previous situation and the extend of the land proposed to be used and the purpose for which the same is required and the said land shall not be so used if objection is issued by the Deputy Commissioner/Collector within two months after the receipt by him of such notice unless the objections so stated shall be reference to the State Government be annulled or waived.
To cut trees is unreserved Lands
c. The Lessee/Lessees shall not without the express sanction of the Conservator of Forest cut down or injure any timber or trees on the said lands but may without such sanction but subject to the provisions of the preservations of Trees Act, 1984 clear away any brushwood or undergrowth which Interfere with any operations authorized by these presets. The Conservator of Forests may require the lessee/Lessees to plant and maintain five trees for every tree cut and also to pay for any tree or timber felled and utilized by him/them at the rates specified by the Conservator of Forests.
d. To enter upon reserved forests.
Notwithstanding anything in this Schedule contained the Lessee/Lessees shall not enter upon any reserved forests included in the said lands without previous sanction in writing of the District Forest Officers nor fell out and use any timber of trees without obtaining the sanction in writing of that officer nor otherwise than in accordance with such conditions as the State Government may prescribe.
e. The lessee/Lessees shall not work or carry or allow to be worked or carried on any mining operations at or to any point within a distance of 50 meters from any railway line except with the previous written permission of the Railway Administration concerned or under the beneath any ropeway or any ropeway trustle or station except and in accordance with the written permission of the authority owing the ropeway or from any reservoir, canal or other public works such as public roads and buildings or inhabited site except with the previous written permission of the Deputy Commissioner / Collector or any other officer authorized by the State Government in this behalf and otherwise than in accordance with such instructions restrictions and conditions either general or special which may be attached to such permission. The said distance of 50 metres shall be measured in the case of railway reservoir or canal horizontally from the outer of the bank or the outeradge of the cutting as the case my be and in case of a building horizontally from the plinth thereof. In the case of village roads no working shall be carried on within a distance of 10 metres of the outer edge of the cutting except with the previous permission of the Deputy commissioner/Collector or any other officer duly authorized by the State Government in this behalf and otherwise than in accordance with such directions, restrictions and additions either general or special which may be attached to permission.
f. Facilities for adjoining Government licenses as leases:-
The Lessee/Lessees shall allow existing and future holders of the Government Licence over any land which is comprised in or adjoins or is reached by the land held by the Lessee/Lessees reasonable facilities of access thereto provided that no substantial hindrance shall be caused by such holders of licences or leases to the operations of the Lessee/Lessees under these presents and fair compensation (as may be mutually agreed upon or in the event of disagreement as may be decided by the State Goverments) shall be made to the Lessee/Lessees for all loss or damage sustained by the Lessee/Lessees by reason of the exercise of this Liberty.
8. Under the said document duly executed plaintiff is required to give specific covenants, inter alia, for paying rents and royalties taxes etc. maintaining and keep boundary marks in good order, to commence operation within a year and work in a workman like manner, to indemnify government against all claims, to secure and keep in good conditions, pits, shafts etc. to strengthen and support the mine to necessary extend, to allow inspection of working, to report accidents, to report discovery of other minerals, to maintain plan, to provide weighing machine and to allow test thereof, to pay compensation for injury of third partes, not to obstruct working of other minerals, not to transfer lease and to deposit additional amount if necessary, to keep the right of preemption of the Government preserved, not to employ any foreign national for mining work and to reimburse this Government any expense incurred and for furnishing geophysical data. Accordingly, considering the seriousness of the business plaintiff is well restricted so far the interest of Public at large by the Government.
9. It is pertinent to mention that the plaintiff as sub-lessee takes over the right of the lessees and are in law supposed to abide by the terms and conditions of the Lease Agreements and/or restrictions stipulated thereby to operate in respect of such mentioned specifically in the operational agreements.
10. It is stated that there has not been any charge of violation of any rule of law and/or terms and conditions of the lease as stipulated by the Government for the purpose as against the plaintiff is concerned and it has all along been maintained by the plaintiff to carry on its business within the ambit of the rule of law.
11. The defendant is claiming himself to be environmental activist and part of Non-Governmental Organisation and is engaged, inter alia, in maintaining a Website www.mandgoa.blogspot.com and are ingaged in publishing circulated news items made by them through the said Website which has circulation allover India including city of Kolkata.
12. The defendant has for quite some time been creating unwanted unwarranted obstruction to the smooth functioning of the plaintiff at Colomba an Advalpal mines for which various proceedings followed and all such proceedings have gone in favour of the plaintiff. Necessary documents in support of this contention are annexed hereto and collectively marked with letter “B”.
13. From April, 2008 onwards the defendant has been publishing various news items in his aforesaid Blog/Website as against the plaintiff containing wholly false and grossly defamatory statements which are being made/published with the object to maligning and vilifying the plaintiff in the eyes of general public.
14. Some of the extracts of the said false news items published by the defendant in his Blog/Webside which are defamatory in nature are quoted hereunder:-
A. Fomento mining Company, mining disasters are normal and a part of its Trade.
B. Fomentos achieved this disastrous feat again on August 09, 2008 releasing silt into People’s agriculture.
C. We can never let any mining company to make disasters as normal practice of operations. If it does so then they have no right to operate the mine. It has to be shut down once for all.
D. Fomentos response with its security was like it was cover up murder secrets with investigations on freshly buried corpses. Oh yes, Fomentos perhaps has awaken to the fact that its mining practices in Pissurlem, Advalpal, Colamb and all other mines is actually equivalent of murder.
E. Dangers to our houses due to “Fomento Mines”.
F. State machinery including the police has become the extended arm of the mining companies. It is interesting to note that in spite of police complaint against Fomento mining company for destroying their agriculture neither officials nor managing director or Fomentos have ever been arrested. This is clear indication as to on whose side State Machinery in Goa is operating at present. State Machinery including the police has become the extended arm of the mining Companies in Goa.
G. All the authorities have failed to protect Colamb Villagers and Fomentos Continue to enjoy filed day with State protection to destroy Goa’s ecology and livelihood of its people. Fomentos like all other mining companies are making sure mining dozers forever.
H. All this, Villages allege was done at the instance of Fomento mining Company that is known to use Police for the private purpose of Profit maximization.
I. Goa Federation of Mines Affected People (GOAMAP) strongly condemns Goa Police connivance with Fomento mining Company.
J. GOAMAP also urges Goa Police not to dance to the tune of mining companies such as Fomentos and go about harassing people that are contributing to their salaries as public servants.
K. Fomentos are avid Portuguese loyalist as they were awarded mining leases by earstwhile Portuguese colonial and continue to be loyal till date. In fact its boss and Managing Director Audooth Timblo is list to be present for Portuguese Government’s function today and tomorrow evening.
15. From the extracts of the said news items which are quoted above it is apparent that the sole objective behind having such false news items published is to knowingly and deliberately maligning and/or vilifying and/or disparaging the plaintiff which has tarnish image of the plaintiff in the eyes of millions of people in India and abroad incuding shareholders and viewers. In this connection it may be pertinent to mention that such website is accessible from any corner of the world through internet.
16. The fact that the aspersions and/or insinuations made against the plaintiff is unfounded, untrue and without any basis whatsoever would be evident from the following facts and/or documentary evidence as stated hereinbelow:-
A. From its inception i.e. for the last 50 years, the Plaintiff is not having any recorded incident of major disaster.
B. Without the unblemished record of the plaintiff, the plaintiff would not have been allowed to function as in case of each renewal of lease all sanctions of the statutory authorities including Ministry of Government and Forest, Pollution Control Board, Indian Bureau of Mines which are already appended to hereinabove.
C. As part of Corporate Social Responsibility the plaintiff has been involved in looking after the interest of the entire community living around the mining site covering all the villages. In this connection the profile of the company would show the activities of the company including environmental and/or social protection taken by the company.
D. As regards allegation of “Covering up murder secrets etc” it is usual exaggerated statement in as two trespassers illegally trespassed into the mining site of the plaintiff and were stopped for identification by the security personnel who failed to give any such identification and later on they transpired to be the agents of the defendant. The company duly filed a police complaint for such trespass and connected papers are lying with the plaintiff which may be produced at the appropriate time.
E. All allegations are unfounded baseless and made with ulterior motive as will be evident from Court orders passed by the Hon’ble High Court of Bombay at Goa and the civil Judge Sr.Division Quepem and the Civil Judge Sr. Division Bicholim wherein the Hon’ble Courts had to interfere as the defendant through his men, servants and agents tried to stall mining activities at different mining sites of the plaintiff. The plaintiff has also got a letter issued by Deputy Collector in respect of Colamb mine certifying that the soil of the fields surrounding the said mine was not polluted because of the mining activities of the plaintiff so as to have any effect on agriculture s has been alleged by the defendant. Incidentally the plaintiff has also received Award for Environment Safety and Protection from the appropriate authority.
The documents as stated above are annexed hereto and collectively marked with letter “C” as part of this plaint. From such clarifications and/or statements made hereinabove the allegations and/or insinuations and/or aspersions against the plaintiffs are unfounded and without any base whatsoever.
17. All along the plaintiff has been protecting their interest in accordance with law such baseless, unfounded, defamatory statements and/or illegal actions being taken by defendant through their men, servants and agents but recently the plaintiff has suffered irreparable loss of goodwill and reputation of the plaintiff in the business as is evident from letters received by the plaintiff from various companies in connection with such baseless allegations which are annexed hereto and marked with letter “D” as part of this plaint. Besides plaintiff has been receiving various queries from notable parties such as Shyam Sel Ltd. Swati Udyog limited etc. in respect of which plaintiff was on verge of striking the deal but has suffered irreparable loss and prejudice because of such illegal wrongful baseless unfounded defamatory allegations made by the defendant.
18. By publishing such false defamatory derogatory statements in his Blog/Website the defendant has acted not only in an utterly irresponsible manner but also with malafide intention.
19. The sum and substance of the defamatory statements as stated hereinabove and/or as annexed hereto reveal that the defendant is bent upon initiating a vicious, malicious campaign against Fomento group of Companies obviously at the behest of the interested parties and/or business competitors for wrongful gains. The basic idea of putting of such malicious defamatory statements on baseless unfounded cooked up stories are result of a st up arranged by some unknown competitor through the defendant as against the plaintiff. The statement made from time to time on blog/website which are baseless, unfounded, malicious, defamatory and wilful deliberate attempt ate annexed hereto and marked with letter “E” which will prove that such a illegal wrongful step has been taken with sole object to tarnish the image and goodwill of the plaintiff which are an asset for the plaintiff to build up such a huge corporate group.
20. The plaintiff states that the defendant has been using the electronic media as against the plaintiff after physical obstructions from site to site become futile and declared illegal by the administration as well as judiciary.
21. The plaintiff states that the entire reports as published in the website are cooked up, false, incorrect and fabricated for the obvious dubious reasons.
22. The cause of action of the plaintiff against the defendants is the publication of the false and defamatory articles in the said blog/website called www.mandgoa.blogspot.com which are being published by the Defendant and is accessible from any corner of the worl through internet and that the same is widely circulated and made available to the readers within and outside India including to those who are residents of Kolkata both within and outside jurisdictions of this Hon’ble Court, readers would mean and include browers. Therefore, the said website is read and browed in the city of Kolkata by readers residing within and outside the jurisdiction of this Hon’ble Court. Therefore , a part of cause of has no doubt arisen within the jurisdiction.
23. As stated here in above the part of cause of action namely printing and publishing the said defamatory statement against the Plaintiff is being carried by the defendant at Goa outside the jurisdiction of this Hon’ble Court. Further, as business outside the jurisdiction of this Hon’ble Court.
24. The plaintiff states that as aforesaid the defendant is coming under the legal terminology of publishing defamatory matters known to some person other than the person defamed and as stated hereinabove the electronic media widely circulated in the city of Calcutta situated both within and outside the jurisdiction of this Hon’ble Court and consequently the defamatory articles published by the defendant against plaintiff has been made known to the readers/browers of the said blog/Website in Kolkata both within and outside the jurisdiction of this Hon’ble Court therefore, a part of a cause of action has risen in Kolkata for which an action for libel and slander against the defendant lies in the jurisdiction of this Hon’ble Court. In such view of the matter as stated hereinabove since the defendant is residing outside Kolkata this is a fit case where leave under Clause 12 of the Letters Patents be prayed for by the plaintiff before this Hon’ble Court.
25. By its wrongful acts and/or conducts as aforesaid the defendant has caused injury and by tarnishing the image of the plaintiff in the eyes of the readers/browers of the said website in Kolkata thereby causing irreparable loss, injury and prejudice to the interest of the plaintiff.
26. There exists no standard for ascertaining the losses caused or likely to be caused by such impugned acts of the defendants, namely to malign and vilify the goodwill and image of the plaintiff and that the plaintiff has suffered huge loss are proved from the letters of its probable business partners as appended to hereinabove. The aforesaid acts and conducts of defendants is such that compensation in terms of money can not afford adequate relief/reliefs.
27. The plaintiff is therefore entitled to claim and claims a perpetual injunction restraining the defendant from publishing any such defamatory articles or similar articles in the said Blog/Website or through other Websites or electronic media by himself through his men, servants and agents against the plaintiff and/or any of its associate companies or officers.
28. The plaintiff is also entitled to claim damages in addition to injunction as aforesaid in the facts and circumstances due to the reasons mentioned in sub-paragraphs hereunder written:-
a) As a result of such publication of the impugned articles in the website titled mandgoa-blogspot.com. The financial credibility of the leading financial institutions, bankers and investing public without whose support the plaintiff can not survive.
b) As a result of publication of the impugned articles the image of the plaintiff has gone down with the ordinary public as also with industrial houses and companies with whom plaintiff get into business transactions;
c) After publication of the impugned articles and taking note thereof especially in or around Calcutta the very plan of plaintiff to expand in the eastern zone has met with a jolt;
d) Plaintiff has suffered immensely due to sudden loss of goodwill and reputation which is bound to have far reaching consequences.
29. On account of the pecuniary losses as aforesaid which can not be ascertained the plaintiff is entitled to damges which the plaintiff reasonably assessed and quantify at Rs.500 Crores.
30. Alternatively, the plaintiff prays for an enquiry be made to ascertain the financial loses imposed on the plaintiff by way of damages so that a decree may be passed in favour of the plaintiff for such sum as may be found due to the plaintiff upon enquiry.
31. The instant case is valued at Rs.500 Crores and as such the Hon’ble Court has and the City Civil Court does not have jurisdiction to try and determine the suit.
32. The plaintiff states that since the suit is valued at more than Rs.500 Crores maximum Court fees of Rs.50,000/- has been paid by the plaintiff.
The plaintiff claims:-
a) Leave under clause 12 of the Letters Patent:
b) A Permanent injuction in favour of the plaintiff against the defendant restraining the defendant from publishing any such defamatory articles or similar articles in the said Blog/Website or through other Blog/Websites or other electronic/Printing media or by any other publication by himself or through his men, servants and agents against the plaintiff and/or any of its associates/group companies and officers.
c) Decreed for Rs.500 Crores as damages in favour of the plaintiff;
d) Alternatively, an enquiry into the damages and decree for such sum as general damages as may be found due upon such enquiry;
e) An additional decree for such further sum as may be found due upon such enquiry as general damages;
f) Such further injunction and/or direction in such terms and to such further effect as may be deemed necessary in the facts and circumstances of this case;
g) Receiver
h) Costs;
ADVOCATES FOR THE PLAINTIFF
VERIFICATION
I SUJAY GUPTA the Vice President (Comm) of the plaintiff abovenamed do hereby declare that I am acquainted with the facts and circumstances of this case and the statements contained in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 are based on information derived from records which I believe to be true and those contained in Paragraphs 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32 are my respectful submissions before this Hon’ble Court.
I sign this verification at---------
On this ------day of December, 2008.
Drawn by Mr.--------
Settled by Mr.-------------
AFFIDAVIT VERIFYING PLAINT
I, SUJAY GUPTA Son of Debabrata Gupta, aged about 38 years, by faith Hindu, by occupation service, working for gain at ……………..or at present residing at 538/1, Jodhpur Park, Kolkata – 7000069 do hereby solemly affirm and say as follows: -
1. That I am the Vice president (Comm) and an authorised person. I know the facts and circumstances of the cases and am competent to affirm this affidavit on behalf of the plaintiff above mentioned.
2. That the statements contained in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 are based on information derived from records which I believe to be true and those contained in paragraphs 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32 are my respectful submissions before this Hon’ble Court.
SOLEMLY AFFIRMED by the said
Sujay Gupta at Court House in Calcutta
On this day of December, 2008
Before me,
COMISSIONER
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
SOCIEDADE DE FOMENTO INDUSTRIAL PVT. LTD., a company registered under the Companies Act, 1956 having its Registered Office at Vila Flores da Silva, Erasmo Carvalho Street, Margao-Goa, 403 601
PLAINTIFF
-Versus-
SEBASTIAN alias SEBI Rodigues, 34 years of age, resident of Near Siolim Govt. Health Centre Igrejawaddo, Siolim, Bardez Taluka Goa, outside jurisdiction of this Hon’ble Court.
DEFENDANT
THE PLAINTIFF STATES THAT:-
1. The plaintiff is a company incorporated under the Companies Act, 1956 having his Rigistered Office at Villa Flores da Silva, Erasmo Carvalho Street, Margao – Goa – 403 601 outside the jurisdiction of this Hon’ble Court.
2. The Fomento group was started in 1957 and is one of the largest industrial houses in Goa with diversified activity like mining and export and is also in hospitality business and today has a number of sister companies operating under its umbrella like M/s. Hardesh Ores Private Limited, Infrastructure Logistics Private Limited, Prime Mineral Exports Private Ltd. Fomento (Karnataka) Mining Company Private Limited, etc. The Plaintiff operates various mines in Goa, Karnataka and Maharashtra and is on the threshold of opening new mines in Andhra Pradesh and South Africa and is also providing infrastructure and logistic support to various other leading mining companies in India with special focus on Iron Ore. Having considered the mining operations by the late Sixties, the plaintiff initially went into a spree of mining related diversifications and today fomento Group has in its fold mining, river fleet operations and a five star luxury beach resort at Panaji Goa known as Cidade de Goa.
3. The plaintiff has earned huge goodwill in and outside India and commands huge respect from all concerned for its unblemished law abiding track record for such a long period.
4. Wherever the plaintiff take up mining activities all necessary legal formalities and/or requirements are maintained in the most strict sense by executing mining lease, necessary consent from different authorities and on the basis of NOC from various authorities under the specific acts applicable and specimen copies of such documents being (a) Mining Lease (Form K) (b) Application for renewal of mining lease (FormJ) (c) Environmental Clearance granted by the Ministry of Environment and Forests (d) Consent to Establish (NOC) (e) Consent of Operate granted by the State Pollution Control Board in terms of Air (Prevention and Control of Pollution) Act, 1981 along with renewal (f) Consent to Operate granted by the State Pollution Control Board in terms of water (Prevention and Control of Pollution) Act, 1974 (g) Approval from Indian Bureu of Mines are annexed hereto and collectively marked with letter “A” as part of this plaint.
5. The details of the mines which are being operated at Colomba and Advalpal against which defamatory articles have been written are as follows:-
Name of the Lessee – Hiralal Khodidas (presently being operated by the Plaintiff and its sister concerns M/s Hardesh Ores pvt. Ltd.)
Name of the mining concession – Gogoro Ore Gulcan Dongor mineral – Extracted from the said Mine iron and manganese ore.
Title Concession- of the mine bearing No. 6 of 11.7.1949
Area covered by the Said Mine – 70.1870 Hectares.
Location – Colomba Village of Sanguem taluka.
NAME OF THE LESEES: M/S. LITHO FERRO (Presently being operated by the sister concerns of Fomento Group Infrastructure Logistics Pvt. Ltd. And Prime Minerals Exports Pvt. Ltd.)
Name of the Mine: Calsanicho Mato De Oilomol Mine
MAP No. 292
T.C. No. 89 of 07.11.1952.
AREA -47.30 hectare.
Location – Advalpal Taluka Bicholim
6. In terms of such documents the plaintiff has his rights reserved as follows:-
To enter upon land and search for win work etc.
(a) Liberty and Power at all times during the term hereby demised to enter upto the said land and to search for mine, bore, bid, drill, for win, work, dress, process, convert, carry away and dispose of the said minerals/minerals.
To sink drive and make pits shafts and inclines etc.
(b) Liberty and power for or in connection with any of the purposes mentioned in this part to sink, drive, make, maintain and use in the said lands any pits, shafts, inclines, drifts, levels, waterways and airways and other works (and to use, maintain, deepen or extent any existing works of the like nature in the said lands)
To bring and use machinery equipments etc.
(c) Liberty and power for or in connection with any of the purpose mentioned in this part to erect, construct, maintain and use on or under the said lands any engines, machinery, plant, dressing, floors, furnaces, coke, ovens, brick-kilns, workshops, store-houses, bungalows, godowns, sheeds and other buildings and other works and convenience of the like nature on or under the said lands.
To make roads and ways etc. and use existing roads and ways:
(d) Liberty and power for or in connection with any of the purpose mentioned in this part to make any tramways in or over the said lands and to use maintain and go and repass with or without horses, cattle, wagons, aircrafts locomotives or other vehicles over the same (or any existing tramways, railways, roads and other ways in or over the said lands) on such conditions as may be agreed to.
To get building and road materials etc.
(e) Liberty and Power for or in connection with any of the purposes mentioned in this part to quarry and get stone gravel and other building and road materials and clay and to use and employ the same to manufacture such clay into bricks or tittles and to use such brick or tiles but not to sell any such materials bricks or tiles.
To use water from streams etc.
(f) Liberty and power for in connection with any of the purposes mentioned in this part but subject to the rights of any existing or future lessees and with the written permission of Deputy Commissioner/Collector to appropriate and use water from any stream, water-courses, springs or other sources in or upon the said lands and to divert step up or dam any such stream or water course and collect or impound any such water and to make construct and maintain any water course, culverts, drains or reservoirs but not so as to deprive any cultivated lands, villages, buildings or watering places for livestock of a reasonable supply of water as before accustomed nor in any way to foul or pollute any stream or springs. Provided that the lessee/lessees shall not interfere with the navigation in any navigable stream nor shall divert such stream without the previous written permissions of the State Government.
To use land for stacking, heaping or depositing purposes:-
(g) Liberty and power to enter upon and use a sufficient part of the surface of the said lands for the purpose of stacking heaping, storing or depositing therein any produce of the mines or words carried on and any tools, equipment, earth and materials and substances dug or raised under the liberties and powers mentioned in this part.
Beneficiation and conveying away of production :
(h) Liberty and power to enter upon and use a sufficient part of the said lands to beneficiate any or produced from the said lands and to carry away such beneficiated ore.
To make coke (To be used in case of coal only)
(i) Liberty and power upon the said lands to convert into coke any coal dust produced from the said land and to carry away such coke.
To clear brushwood and to fell and utilize trees, etc:
(j) Liberty and power for or in connection with any of the purposes mentioned in this part and subject to the existing right of others and save as provided in clause 3 of part III of this schedule to clear undergrowth and brushwood and to fell and utilize any trees or timber standing or found on the said lands provided that the State Government may ask the lessee/lessees to pay for any tress or timber felled and utilized by him/them at the rates specified by Deputy commissioner/collector or the State Governement.
7. In terms of each documents the plaintiff has to follow restrictions and conditions as to the exercise of the liberties, powers and privileges given under such lease documents as follows:-
No building etc. upon certain places:-
a. No building or thing shall be erected set up or placed and no surface operations shall be carried on in or upon any public pleasure ground burning or burial ground or place held sacred by and class of persons or any house or village site public road or other place which the State Government may determine as public ground for in such a manner as to injure or prejudicially affect any buildings, works, property or rights of other persons and no land shall be used for surface operations which is already occupied by persons other than the State Government for work or purposes not included in this lease. The lessee/Lessees shall not also interfere with any right of way well or tank.
b. permission for surface operation in a land not already in use.
Before using for surface operations any land which has not already been used for such operations, the Leasee/Lessees shall give to Deputy Commissioner/Collector of the District tow calendar months previous situation and the extend of the land proposed to be used and the purpose for which the same is required and the said land shall not be so used if objection is issued by the Deputy Commissioner/Collector within two months after the receipt by him of such notice unless the objections so stated shall be reference to the State Government be annulled or waived.
To cut trees is unreserved Lands
c. The Lessee/Lessees shall not without the express sanction of the Conservator of Forest cut down or injure any timber or trees on the said lands but may without such sanction but subject to the provisions of the preservations of Trees Act, 1984 clear away any brushwood or undergrowth which Interfere with any operations authorized by these presets. The Conservator of Forests may require the lessee/Lessees to plant and maintain five trees for every tree cut and also to pay for any tree or timber felled and utilized by him/them at the rates specified by the Conservator of Forests.
d. To enter upon reserved forests.
Notwithstanding anything in this Schedule contained the Lessee/Lessees shall not enter upon any reserved forests included in the said lands without previous sanction in writing of the District Forest Officers nor fell out and use any timber of trees without obtaining the sanction in writing of that officer nor otherwise than in accordance with such conditions as the State Government may prescribe.
e. The lessee/Lessees shall not work or carry or allow to be worked or carried on any mining operations at or to any point within a distance of 50 meters from any railway line except with the previous written permission of the Railway Administration concerned or under the beneath any ropeway or any ropeway trustle or station except and in accordance with the written permission of the authority owing the ropeway or from any reservoir, canal or other public works such as public roads and buildings or inhabited site except with the previous written permission of the Deputy Commissioner / Collector or any other officer authorized by the State Government in this behalf and otherwise than in accordance with such instructions restrictions and conditions either general or special which may be attached to such permission. The said distance of 50 metres shall be measured in the case of railway reservoir or canal horizontally from the outer of the bank or the outeradge of the cutting as the case my be and in case of a building horizontally from the plinth thereof. In the case of village roads no working shall be carried on within a distance of 10 metres of the outer edge of the cutting except with the previous permission of the Deputy commissioner/Collector or any other officer duly authorized by the State Government in this behalf and otherwise than in accordance with such directions, restrictions and additions either general or special which may be attached to permission.
f. Facilities for adjoining Government licenses as leases:-
The Lessee/Lessees shall allow existing and future holders of the Government Licence over any land which is comprised in or adjoins or is reached by the land held by the Lessee/Lessees reasonable facilities of access thereto provided that no substantial hindrance shall be caused by such holders of licences or leases to the operations of the Lessee/Lessees under these presents and fair compensation (as may be mutually agreed upon or in the event of disagreement as may be decided by the State Goverments) shall be made to the Lessee/Lessees for all loss or damage sustained by the Lessee/Lessees by reason of the exercise of this Liberty.
8. Under the said document duly executed plaintiff is required to give specific covenants, inter alia, for paying rents and royalties taxes etc. maintaining and keep boundary marks in good order, to commence operation within a year and work in a workman like manner, to indemnify government against all claims, to secure and keep in good conditions, pits, shafts etc. to strengthen and support the mine to necessary extend, to allow inspection of working, to report accidents, to report discovery of other minerals, to maintain plan, to provide weighing machine and to allow test thereof, to pay compensation for injury of third partes, not to obstruct working of other minerals, not to transfer lease and to deposit additional amount if necessary, to keep the right of preemption of the Government preserved, not to employ any foreign national for mining work and to reimburse this Government any expense incurred and for furnishing geophysical data. Accordingly, considering the seriousness of the business plaintiff is well restricted so far the interest of Public at large by the Government.
9. It is pertinent to mention that the plaintiff as sub-lessee takes over the right of the lessees and are in law supposed to abide by the terms and conditions of the Lease Agreements and/or restrictions stipulated thereby to operate in respect of such mentioned specifically in the operational agreements.
10. It is stated that there has not been any charge of violation of any rule of law and/or terms and conditions of the lease as stipulated by the Government for the purpose as against the plaintiff is concerned and it has all along been maintained by the plaintiff to carry on its business within the ambit of the rule of law.
11. The defendant is claiming himself to be environmental activist and part of Non-Governmental Organisation and is engaged, inter alia, in maintaining a Website www.mandgoa.blogspot.com and are ingaged in publishing circulated news items made by them through the said Website which has circulation allover India including city of Kolkata.
12. The defendant has for quite some time been creating unwanted unwarranted obstruction to the smooth functioning of the plaintiff at Colomba an Advalpal mines for which various proceedings followed and all such proceedings have gone in favour of the plaintiff. Necessary documents in support of this contention are annexed hereto and collectively marked with letter “B”.
13. From April, 2008 onwards the defendant has been publishing various news items in his aforesaid Blog/Website as against the plaintiff containing wholly false and grossly defamatory statements which are being made/published with the object to maligning and vilifying the plaintiff in the eyes of general public.
14. Some of the extracts of the said false news items published by the defendant in his Blog/Webside which are defamatory in nature are quoted hereunder:-
A. Fomento mining Company, mining disasters are normal and a part of its Trade.
B. Fomentos achieved this disastrous feat again on August 09, 2008 releasing silt into People’s agriculture.
C. We can never let any mining company to make disasters as normal practice of operations. If it does so then they have no right to operate the mine. It has to be shut down once for all.
D. Fomentos response with its security was like it was cover up murder secrets with investigations on freshly buried corpses. Oh yes, Fomentos perhaps has awaken to the fact that its mining practices in Pissurlem, Advalpal, Colamb and all other mines is actually equivalent of murder.
E. Dangers to our houses due to “Fomento Mines”.
F. State machinery including the police has become the extended arm of the mining companies. It is interesting to note that in spite of police complaint against Fomento mining company for destroying their agriculture neither officials nor managing director or Fomentos have ever been arrested. This is clear indication as to on whose side State Machinery in Goa is operating at present. State Machinery including the police has become the extended arm of the mining Companies in Goa.
G. All the authorities have failed to protect Colamb Villagers and Fomentos Continue to enjoy filed day with State protection to destroy Goa’s ecology and livelihood of its people. Fomentos like all other mining companies are making sure mining dozers forever.
H. All this, Villages allege was done at the instance of Fomento mining Company that is known to use Police for the private purpose of Profit maximization.
I. Goa Federation of Mines Affected People (GOAMAP) strongly condemns Goa Police connivance with Fomento mining Company.
J. GOAMAP also urges Goa Police not to dance to the tune of mining companies such as Fomentos and go about harassing people that are contributing to their salaries as public servants.
K. Fomentos are avid Portuguese loyalist as they were awarded mining leases by earstwhile Portuguese colonial and continue to be loyal till date. In fact its boss and Managing Director Audooth Timblo is list to be present for Portuguese Government’s function today and tomorrow evening.
15. From the extracts of the said news items which are quoted above it is apparent that the sole objective behind having such false news items published is to knowingly and deliberately maligning and/or vilifying and/or disparaging the plaintiff which has tarnish image of the plaintiff in the eyes of millions of people in India and abroad incuding shareholders and viewers. In this connection it may be pertinent to mention that such website is accessible from any corner of the world through internet.
16. The fact that the aspersions and/or insinuations made against the plaintiff is unfounded, untrue and without any basis whatsoever would be evident from the following facts and/or documentary evidence as stated hereinbelow:-
A. From its inception i.e. for the last 50 years, the Plaintiff is not having any recorded incident of major disaster.
B. Without the unblemished record of the plaintiff, the plaintiff would not have been allowed to function as in case of each renewal of lease all sanctions of the statutory authorities including Ministry of Government and Forest, Pollution Control Board, Indian Bureau of Mines which are already appended to hereinabove.
C. As part of Corporate Social Responsibility the plaintiff has been involved in looking after the interest of the entire community living around the mining site covering all the villages. In this connection the profile of the company would show the activities of the company including environmental and/or social protection taken by the company.
D. As regards allegation of “Covering up murder secrets etc” it is usual exaggerated statement in as two trespassers illegally trespassed into the mining site of the plaintiff and were stopped for identification by the security personnel who failed to give any such identification and later on they transpired to be the agents of the defendant. The company duly filed a police complaint for such trespass and connected papers are lying with the plaintiff which may be produced at the appropriate time.
E. All allegations are unfounded baseless and made with ulterior motive as will be evident from Court orders passed by the Hon’ble High Court of Bombay at Goa and the civil Judge Sr.Division Quepem and the Civil Judge Sr. Division Bicholim wherein the Hon’ble Courts had to interfere as the defendant through his men, servants and agents tried to stall mining activities at different mining sites of the plaintiff. The plaintiff has also got a letter issued by Deputy Collector in respect of Colamb mine certifying that the soil of the fields surrounding the said mine was not polluted because of the mining activities of the plaintiff so as to have any effect on agriculture s has been alleged by the defendant. Incidentally the plaintiff has also received Award for Environment Safety and Protection from the appropriate authority.
The documents as stated above are annexed hereto and collectively marked with letter “C” as part of this plaint. From such clarifications and/or statements made hereinabove the allegations and/or insinuations and/or aspersions against the plaintiffs are unfounded and without any base whatsoever.
17. All along the plaintiff has been protecting their interest in accordance with law such baseless, unfounded, defamatory statements and/or illegal actions being taken by defendant through their men, servants and agents but recently the plaintiff has suffered irreparable loss of goodwill and reputation of the plaintiff in the business as is evident from letters received by the plaintiff from various companies in connection with such baseless allegations which are annexed hereto and marked with letter “D” as part of this plaint. Besides plaintiff has been receiving various queries from notable parties such as Shyam Sel Ltd. Swati Udyog limited etc. in respect of which plaintiff was on verge of striking the deal but has suffered irreparable loss and prejudice because of such illegal wrongful baseless unfounded defamatory allegations made by the defendant.
18. By publishing such false defamatory derogatory statements in his Blog/Website the defendant has acted not only in an utterly irresponsible manner but also with malafide intention.
19. The sum and substance of the defamatory statements as stated hereinabove and/or as annexed hereto reveal that the defendant is bent upon initiating a vicious, malicious campaign against Fomento group of Companies obviously at the behest of the interested parties and/or business competitors for wrongful gains. The basic idea of putting of such malicious defamatory statements on baseless unfounded cooked up stories are result of a st up arranged by some unknown competitor through the defendant as against the plaintiff. The statement made from time to time on blog/website which are baseless, unfounded, malicious, defamatory and wilful deliberate attempt ate annexed hereto and marked with letter “E” which will prove that such a illegal wrongful step has been taken with sole object to tarnish the image and goodwill of the plaintiff which are an asset for the plaintiff to build up such a huge corporate group.
20. The plaintiff states that the defendant has been using the electronic media as against the plaintiff after physical obstructions from site to site become futile and declared illegal by the administration as well as judiciary.
21. The plaintiff states that the entire reports as published in the website are cooked up, false, incorrect and fabricated for the obvious dubious reasons.
22. The cause of action of the plaintiff against the defendants is the publication of the false and defamatory articles in the said blog/website called www.mandgoa.blogspot.com which are being published by the Defendant and is accessible from any corner of the worl through internet and that the same is widely circulated and made available to the readers within and outside India including to those who are residents of Kolkata both within and outside jurisdictions of this Hon’ble Court, readers would mean and include browers. Therefore, the said website is read and browed in the city of Kolkata by readers residing within and outside the jurisdiction of this Hon’ble Court. Therefore , a part of cause of has no doubt arisen within the jurisdiction.
23. As stated here in above the part of cause of action namely printing and publishing the said defamatory statement against the Plaintiff is being carried by the defendant at Goa outside the jurisdiction of this Hon’ble Court. Further, as business outside the jurisdiction of this Hon’ble Court.
24. The plaintiff states that as aforesaid the defendant is coming under the legal terminology of publishing defamatory matters known to some person other than the person defamed and as stated hereinabove the electronic media widely circulated in the city of Calcutta situated both within and outside the jurisdiction of this Hon’ble Court and consequently the defamatory articles published by the defendant against plaintiff has been made known to the readers/browers of the said blog/Website in Kolkata both within and outside the jurisdiction of this Hon’ble Court therefore, a part of a cause of action has risen in Kolkata for which an action for libel and slander against the defendant lies in the jurisdiction of this Hon’ble Court. In such view of the matter as stated hereinabove since the defendant is residing outside Kolkata this is a fit case where leave under Clause 12 of the Letters Patents be prayed for by the plaintiff before this Hon’ble Court.
25. By its wrongful acts and/or conducts as aforesaid the defendant has caused injury and by tarnishing the image of the plaintiff in the eyes of the readers/browers of the said website in Kolkata thereby causing irreparable loss, injury and prejudice to the interest of the plaintiff.
26. There exists no standard for ascertaining the losses caused or likely to be caused by such impugned acts of the defendants, namely to malign and vilify the goodwill and image of the plaintiff and that the plaintiff has suffered huge loss are proved from the letters of its probable business partners as appended to hereinabove. The aforesaid acts and conducts of defendants is such that compensation in terms of money can not afford adequate relief/reliefs.
27. The plaintiff is therefore entitled to claim and claims a perpetual injunction restraining the defendant from publishing any such defamatory articles or similar articles in the said Blog/Website or through other Websites or electronic media by himself through his men, servants and agents against the plaintiff and/or any of its associate companies or officers.
28. The plaintiff is also entitled to claim damages in addition to injunction as aforesaid in the facts and circumstances due to the reasons mentioned in sub-paragraphs hereunder written:-
a) As a result of such publication of the impugned articles in the website titled mandgoa-blogspot.com. The financial credibility of the leading financial institutions, bankers and investing public without whose support the plaintiff can not survive.
b) As a result of publication of the impugned articles the image of the plaintiff has gone down with the ordinary public as also with industrial houses and companies with whom plaintiff get into business transactions;
c) After publication of the impugned articles and taking note thereof especially in or around Calcutta the very plan of plaintiff to expand in the eastern zone has met with a jolt;
d) Plaintiff has suffered immensely due to sudden loss of goodwill and reputation which is bound to have far reaching consequences.
29. On account of the pecuniary losses as aforesaid which can not be ascertained the plaintiff is entitled to damges which the plaintiff reasonably assessed and quantify at Rs.500 Crores.
30. Alternatively, the plaintiff prays for an enquiry be made to ascertain the financial loses imposed on the plaintiff by way of damages so that a decree may be passed in favour of the plaintiff for such sum as may be found due to the plaintiff upon enquiry.
31. The instant case is valued at Rs.500 Crores and as such the Hon’ble Court has and the City Civil Court does not have jurisdiction to try and determine the suit.
32. The plaintiff states that since the suit is valued at more than Rs.500 Crores maximum Court fees of Rs.50,000/- has been paid by the plaintiff.
The plaintiff claims:-
a) Leave under clause 12 of the Letters Patent:
b) A Permanent injuction in favour of the plaintiff against the defendant restraining the defendant from publishing any such defamatory articles or similar articles in the said Blog/Website or through other Blog/Websites or other electronic/Printing media or by any other publication by himself or through his men, servants and agents against the plaintiff and/or any of its associates/group companies and officers.
c) Decreed for Rs.500 Crores as damages in favour of the plaintiff;
d) Alternatively, an enquiry into the damages and decree for such sum as general damages as may be found due upon such enquiry;
e) An additional decree for such further sum as may be found due upon such enquiry as general damages;
f) Such further injunction and/or direction in such terms and to such further effect as may be deemed necessary in the facts and circumstances of this case;
g) Receiver
h) Costs;
ADVOCATES FOR THE PLAINTIFF
VERIFICATION
I SUJAY GUPTA the Vice President (Comm) of the plaintiff abovenamed do hereby declare that I am acquainted with the facts and circumstances of this case and the statements contained in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 are based on information derived from records which I believe to be true and those contained in Paragraphs 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32 are my respectful submissions before this Hon’ble Court.
I sign this verification at---------
On this ------day of December, 2008.
Drawn by Mr.--------
Settled by Mr.-------------
AFFIDAVIT VERIFYING PLAINT
I, SUJAY GUPTA Son of Debabrata Gupta, aged about 38 years, by faith Hindu, by occupation service, working for gain at ……………..or at present residing at 538/1, Jodhpur Park, Kolkata – 7000069 do hereby solemly affirm and say as follows: -
1. That I am the Vice president (Comm) and an authorised person. I know the facts and circumstances of the cases and am competent to affirm this affidavit on behalf of the plaintiff above mentioned.
2. That the statements contained in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 are based on information derived from records which I believe to be true and those contained in paragraphs 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32 are my respectful submissions before this Hon’ble Court.
SOLEMLY AFFIRMED by the said
Sujay Gupta at Court House in Calcutta
On this day of December, 2008
Before me,
COMISSIONER
Letter from Fomento Lawyers in Kolkata
SANDERSONS & MORGANS
ADVOCATES & SOLICITORS
PARTNERS
C.R. ADDY
A.K.SIL
R.L.AUDDY
P.K.DUTT
P.C. GHOSH
P.GHOSH
P.K. SIL
ROYAL INSURANCE BUILDINGS
5, NETAJI SUBHAS ROAD
KOLKATA – 700 001
TELEPHONE: 91-33-2248 2648
E-mail: sandorson@vsnl.com
(1007/08-09/SDM) PG/MS
December 27, 2008
Mr. Sebastian Rodrigues alias Sebi Rodrigues
House No. 31/A, Igrej Vaddo,
Marna, Siolim, Bardej,
Goa – 403 517.
Dear Sir,
G.A. No. 4142 of 2008
C.S. No. 265 of 2008
Sociedade De Fomento Industrial Pvt. Ltd.
-vs-
Sebastian alias Sebi Rodrigues
We are acting on behalf of the plaintiff/petitioner in the above proceedings.
We on behalf of our said client moved an application before the Hon’ble Justice Patherya on 24th December, 2008 when upon hearing the submissions the Hon’ble Court was pleased to pass an Order in terms of the prayers (b) of the Notice of Motion till 15.01.2009.
Please note that the matter has been returnable on 9.1.2009.
We enclose a copy each of the Notice of Motion and Petition (which contains a copy of the plaint as annexure) for your information and necessary action.
We also enclose Xerox copy of the signed copy of the Minutes of the Order dated 24.12.2008 passed by the Hon’ble Justice Patherya.
Yours Faithfully,
Sandersons & Morgans
Sd/-
Partner
BHUBANESHWAR CORRESPONDENTS: SANDERSONS MORGANS & CO.
E-9, B. J. B. NAGAR, BHUBANESHWAR – 751014, TEL: (674) 243-1710,243-1711
ADVOCATES & SOLICITORS
PARTNERS
C.R. ADDY
A.K.SIL
R.L.AUDDY
P.K.DUTT
P.C. GHOSH
P.GHOSH
P.K. SIL
ROYAL INSURANCE BUILDINGS
5, NETAJI SUBHAS ROAD
KOLKATA – 700 001
TELEPHONE: 91-33-2248 2648
E-mail: sandorson@vsnl.com
(1007/08-09/SDM) PG/MS
December 27, 2008
Mr. Sebastian Rodrigues alias Sebi Rodrigues
House No. 31/A, Igrej Vaddo,
Marna, Siolim, Bardej,
Goa – 403 517.
Dear Sir,
G.A. No. 4142 of 2008
C.S. No. 265 of 2008
Sociedade De Fomento Industrial Pvt. Ltd.
-vs-
Sebastian alias Sebi Rodrigues
We are acting on behalf of the plaintiff/petitioner in the above proceedings.
We on behalf of our said client moved an application before the Hon’ble Justice Patherya on 24th December, 2008 when upon hearing the submissions the Hon’ble Court was pleased to pass an Order in terms of the prayers (b) of the Notice of Motion till 15.01.2009.
Please note that the matter has been returnable on 9.1.2009.
We enclose a copy each of the Notice of Motion and Petition (which contains a copy of the plaint as annexure) for your information and necessary action.
We also enclose Xerox copy of the signed copy of the Minutes of the Order dated 24.12.2008 passed by the Hon’ble Justice Patherya.
Yours Faithfully,
Sandersons & Morgans
Sd/-
Partner
BHUBANESHWAR CORRESPONDENTS: SANDERSONS MORGANS & CO.
E-9, B. J. B. NAGAR, BHUBANESHWAR – 751014, TEL: (674) 243-1710,243-1711
Some historical markers of Fomento Company as annexed to petition at Calcutta High Court
1957 Sociedade de Fomento SARL established
1960 Mining Operations begin at Cudnem and Harvalem
1960 mv Maria Laura carries Fomento’s first shipment of Iron Ore to Holland.
1964 Semi mechanization of mines
1964 Contract with Fuji Iron and Steel Co. ( Now Nippon Steel Corporation)
1966-67 Technical Agreement and long term mother contract with Sumitomo Metal Industries, Japan.
1970 ‘Fomento Chaitra’ The first barge acquired.
1970 Mechanized screenings begins at mines.
1972 Acquisition of Goa bottling Company
1974 Barge fleet operations begin Ore beneficiations begins.
1974 Beneficiation Plant in Goa at Maina.
1974 Fomento annual exports cross of 1.0 mn T.
1977 Loaded 1 Cape Vessel my IBARAKI MARU by transfer vessel MARATHA TRANSHIPPER.
1982 Cidade de Goa rolls out the red carpet.
1982 Capesize vessel mv ‘Pacific Jasmin’ Calls on the first of 85 plus consecutive voyages exclusively for Fomento Ore consigned to Sumitomo metal of Japan.
1985 Neclar Beverages established in Dharward in Karnataka State.
1986 100% export oriented Unit (EOU) Ferromel concentrates started. Primary Beneficiation Section (PBS 1) of Ferromel commissioned.
1990 Sumitomo Metal Industries rewards FOMENTO with an EVERGREEN COVENANT.
1993 Mining in Karnataka State begins.
1995 Secondary Beneficiation Section (SBS 1) plant commissioned.
1997 Primary beneficiation section (PSB – 2) plant commissioned.
1998 Secondary Beneficiation Section (SBS 2) plant commissioned.
1999 First cape size shipment in (m.v.Chris Mir) of Super Grade Fines (K-G Blend) to Baoshan steel, China. FKPL incorporated.
2000 PARAMAG ORE SHIPMENTS April 2000 to NSC, October 2000 to Sumitoma Metal, October 2000 to Baoshan Steel.
2000 Giving off Bottling Company to PepsiCo.
2001 ILPL enters logistics business with Floating Crane For transshipment river terminal.
2004 Prime Mineral begins ore trading & Ore Offtake agreements with leaseholders.
2006 Long Term Contract with Mittal Steel, Romania/ Pinxiang Steel, China, JV with Louis Dreyfus for marine logistics.
1960 Mining Operations begin at Cudnem and Harvalem
1960 mv Maria Laura carries Fomento’s first shipment of Iron Ore to Holland.
1964 Semi mechanization of mines
1964 Contract with Fuji Iron and Steel Co. ( Now Nippon Steel Corporation)
1966-67 Technical Agreement and long term mother contract with Sumitomo Metal Industries, Japan.
1970 ‘Fomento Chaitra’ The first barge acquired.
1970 Mechanized screenings begins at mines.
1972 Acquisition of Goa bottling Company
1974 Barge fleet operations begin Ore beneficiations begins.
1974 Beneficiation Plant in Goa at Maina.
1974 Fomento annual exports cross of 1.0 mn T.
1977 Loaded 1 Cape Vessel my IBARAKI MARU by transfer vessel MARATHA TRANSHIPPER.
1982 Cidade de Goa rolls out the red carpet.
1982 Capesize vessel mv ‘Pacific Jasmin’ Calls on the first of 85 plus consecutive voyages exclusively for Fomento Ore consigned to Sumitomo metal of Japan.
1985 Neclar Beverages established in Dharward in Karnataka State.
1986 100% export oriented Unit (EOU) Ferromel concentrates started. Primary Beneficiation Section (PBS 1) of Ferromel commissioned.
1990 Sumitomo Metal Industries rewards FOMENTO with an EVERGREEN COVENANT.
1993 Mining in Karnataka State begins.
1995 Secondary Beneficiation Section (SBS 1) plant commissioned.
1997 Primary beneficiation section (PSB – 2) plant commissioned.
1998 Secondary Beneficiation Section (SBS 2) plant commissioned.
1999 First cape size shipment in (m.v.Chris Mir) of Super Grade Fines (K-G Blend) to Baoshan steel, China. FKPL incorporated.
2000 PARAMAG ORE SHIPMENTS April 2000 to NSC, October 2000 to Sumitoma Metal, October 2000 to Baoshan Steel.
2000 Giving off Bottling Company to PepsiCo.
2001 ILPL enters logistics business with Floating Crane For transshipment river terminal.
2004 Prime Mineral begins ore trading & Ore Offtake agreements with leaseholders.
2006 Long Term Contract with Mittal Steel, Romania/ Pinxiang Steel, China, JV with Louis Dreyfus for marine logistics.
Companies that acted against Fomentos based on information on Internet
The following three letters are added as annexures to the petition at Calcutta High Court.
1.
SWATI SPONGE & IRON PVT. LTD.
5th December, 2008
Sociedade De Fomento
Cidade de Goa
Vaiginim Beach
Dona Paula
Goa – 403 004
Attn: Mr. Auduth Timblo
Dear Sirs,
RE : Allegations on Mand Website
We draw your attention to various allegations made against the Company its Directors on Website which we have been following with keen interest because of the transaction we were contemplating of and confirm that if the aforesaid allegations are true then and in that case it will not be prudent on our part to have any further business relations with you.
Please treat this matter as most urgent.
Sd/-
Yours truly,
Corporate office: 1 & 2 Old Court House Corner, Kolkata – 700001
Phone: 2213-8851/52/53. Fax: 2213-8854. E-mail: micaexpo@hotmail.com
Web : www.minerals.9f.com
2.
SHIVAM UDYOG PRIVATE LIMITED
Jamuria Industrial Area, Jamuria, Dist. Burdwan (W.B)
14th November, 2008
The Chairman and Managing Director
Sociedade de Fomento
Cidade de Goa
Vaiginim Beach
Dona Paula
Goa – 403 004
Dear Sirs,
RE: Business Transactions
This has reference to several meetings that we had with your representative in connection with business transactions from time to time. However, for the last few months we had already reported to you to have come across certain allegations as against your company. You will appreciate that the charges made on the Mand Website are serious in nature as against your company and inspite of our repeated request you have not clarified the same. Please look into the matter and do the needful as requested as otherwise we are afraid that it will not be possible for us to enter into any business transaction with your company.
Yours truly,
Sd/-
Regd. Office: 4/1, Middleton Street, Sikkim Commerce Housse, 3rd Floor, Room No.: 302, 303, Kolkata – 700 071. Ph. 033-30526272, 9433020155
Administrative Ofiice: Dhirendrapuram, P.O.I.S.M, Dhiya, Dhanbad – 826004, (Jharkhand), Ph. 0326-220-1234/222-3471
Email: shivamsd99@rediffmail.com
3.
SHIVAM INDIA LIMITED (Steel Division)
Paturia, Angadpur Industrial Area, Durgapur – 713215 Dist. Burdwan. Ph. 0343-2591153, 2591154.
1st December, 2008
Mr. Sujay Gupta
V.P. Communications
Sociedade De Fomento
Cidade de Goa
Vaiginim Beach
Dona Paula,
Goa – 403 004
Dear Mr. Gupta,
RE : Clarification
Thanks a lot for dropping in a tour office fortnight back. You had categorically promised to see that the derogatory statements made against your company on the website Mand as shown to you by me would be taken care of. In spite of passing of the days I have not heard any thing from you on this score and would like to see that your company settles the matter once for all with the concerned person as otherwise it will be embarrassing for us to continue with the business dealings. As I have personally pointed it out at our meeting that I will not be in a position to change the decision taken by Company.
Sd/-
Your faithfully,
Regd. Office; 4/1, Middleton Street, Sikkim Commercial House, 3rd Floor, Room No.: 302, 303, Kolkata – 700 071. Ph. 033-30526272, 9433020155.
Administrative Ofiice: Dhirendrapuram, P.O.I.S.M, Dhiya, Dhanbad – 826004, (Jharkhand), Ph. 0326-220-1234/222-3471
Email: shivamsd99@rediffmail.com
1.
SWATI SPONGE & IRON PVT. LTD.
5th December, 2008
Sociedade De Fomento
Cidade de Goa
Vaiginim Beach
Dona Paula
Goa – 403 004
Attn: Mr. Auduth Timblo
Dear Sirs,
RE : Allegations on Mand Website
We draw your attention to various allegations made against the Company its Directors on Website which we have been following with keen interest because of the transaction we were contemplating of and confirm that if the aforesaid allegations are true then and in that case it will not be prudent on our part to have any further business relations with you.
Please treat this matter as most urgent.
Sd/-
Yours truly,
Corporate office: 1 & 2 Old Court House Corner, Kolkata – 700001
Phone: 2213-8851/52/53. Fax: 2213-8854. E-mail: micaexpo@hotmail.com
Web : www.minerals.9f.com
2.
SHIVAM UDYOG PRIVATE LIMITED
Jamuria Industrial Area, Jamuria, Dist. Burdwan (W.B)
14th November, 2008
The Chairman and Managing Director
Sociedade de Fomento
Cidade de Goa
Vaiginim Beach
Dona Paula
Goa – 403 004
Dear Sirs,
RE: Business Transactions
This has reference to several meetings that we had with your representative in connection with business transactions from time to time. However, for the last few months we had already reported to you to have come across certain allegations as against your company. You will appreciate that the charges made on the Mand Website are serious in nature as against your company and inspite of our repeated request you have not clarified the same. Please look into the matter and do the needful as requested as otherwise we are afraid that it will not be possible for us to enter into any business transaction with your company.
Yours truly,
Sd/-
Regd. Office: 4/1, Middleton Street, Sikkim Commerce Housse, 3rd Floor, Room No.: 302, 303, Kolkata – 700 071. Ph. 033-30526272, 9433020155
Administrative Ofiice: Dhirendrapuram, P.O.I.S.M, Dhiya, Dhanbad – 826004, (Jharkhand), Ph. 0326-220-1234/222-3471
Email: shivamsd99@rediffmail.com
3.
SHIVAM INDIA LIMITED (Steel Division)
Paturia, Angadpur Industrial Area, Durgapur – 713215 Dist. Burdwan. Ph. 0343-2591153, 2591154.
1st December, 2008
Mr. Sujay Gupta
V.P. Communications
Sociedade De Fomento
Cidade de Goa
Vaiginim Beach
Dona Paula,
Goa – 403 004
Dear Mr. Gupta,
RE : Clarification
Thanks a lot for dropping in a tour office fortnight back. You had categorically promised to see that the derogatory statements made against your company on the website Mand as shown to you by me would be taken care of. In spite of passing of the days I have not heard any thing from you on this score and would like to see that your company settles the matter once for all with the concerned person as otherwise it will be embarrassing for us to continue with the business dealings. As I have personally pointed it out at our meeting that I will not be in a position to change the decision taken by Company.
Sd/-
Your faithfully,
Regd. Office; 4/1, Middleton Street, Sikkim Commercial House, 3rd Floor, Room No.: 302, 303, Kolkata – 700 071. Ph. 033-30526272, 9433020155.
Administrative Ofiice: Dhirendrapuram, P.O.I.S.M, Dhiya, Dhanbad – 826004, (Jharkhand), Ph. 0326-220-1234/222-3471
Email: shivamsd99@rediffmail.com
Sujay Gupta's Affidavit Verifying Plaint
AFFIDAVIT VERIFYING PLAINT
I, SUJAY GUPTA Son of Debabrata Gupta, aged about 38 years, by faith Hindu, by occupation service, working for gain at ……………..or at present residing at 538/1, Jodhpur Park, Kolkata – 7000069 do hereby solemly affirm and say as follows: -
1. That I am the Vice president (Comm) and an authorised person. I know the facts and circumstances of the cases and am competent to affirm this affidavit on behalf of the plaintiff above mentioned.
2. That the statements contained in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 are based on information derived from records which I believe to be true and those contained in paragraphs 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32 are my respectful submissions before this Hon’ble Court.
SOLEMLY AFFIRMED by the said
Sujay Gupta at Court House in Calcutta
On this day of December, 2008
Before me,
COMISSIONER
I, SUJAY GUPTA Son of Debabrata Gupta, aged about 38 years, by faith Hindu, by occupation service, working for gain at ……………..or at present residing at 538/1, Jodhpur Park, Kolkata – 7000069 do hereby solemly affirm and say as follows: -
1. That I am the Vice president (Comm) and an authorised person. I know the facts and circumstances of the cases and am competent to affirm this affidavit on behalf of the plaintiff above mentioned.
2. That the statements contained in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 are based on information derived from records which I believe to be true and those contained in paragraphs 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32 are my respectful submissions before this Hon’ble Court.
SOLEMLY AFFIRMED by the said
Sujay Gupta at Court House in Calcutta
On this day of December, 2008
Before me,
COMISSIONER
Fomento's claims at Calcutta High Court
The Plantiff claims:-
a) Leave under clause 12 of the Letters Patent:
b) A Permanent injuction in favour of the plaintiff against the defendant restraining the defendant from publishing any such defamatory articles or similar articles in the said Blog/Website or through other Blog/Websites or other electronic/Printing media or by any other publication by himself or through his men, servants and agents against the plaintiff and/or any of its associates/group companies and officers.
c) Decred for Rs.500 crores as damages in favour of the plaintiff;
d) Alternatively, an enquiry into the damages and decree for such sum as general damages as may be found due upon such enquiry;
e) An additional decree for such further sum as may be found due upon such enquiry as general damages;
f) Such further injunction and/or direction in such terms and to such further effect as may be deemed necessary in the facts and circumstances of this case;
g) Receiver
h) Costs;
a) Leave under clause 12 of the Letters Patent:
b) A Permanent injuction in favour of the plaintiff against the defendant restraining the defendant from publishing any such defamatory articles or similar articles in the said Blog/Website or through other Blog/Websites or other electronic/Printing media or by any other publication by himself or through his men, servants and agents against the plaintiff and/or any of its associates/group companies and officers.
c) Decred for Rs.500 crores as damages in favour of the plaintiff;
d) Alternatively, an enquiry into the damages and decree for such sum as general damages as may be found due upon such enquiry;
e) An additional decree for such further sum as may be found due upon such enquiry as general damages;
f) Such further injunction and/or direction in such terms and to such further effect as may be deemed necessary in the facts and circumstances of this case;
g) Receiver
h) Costs;
What Fomentos found defamatory in Seby's writings online?
Para 14 of Fomento Petition: Some of the extracts of the said false news items published by the defendant in his Blog/Webside which are defamatory in nature are quoted hereunder:-
A. Fomento mining Company, mining disasters are normal and a part of its Trade.
B. Fomentos achieved this disastrous feat again on August 09, 2008 releasing silt into People’s agriculture.
C. We can never let any mining company to make disasters as normal practice of operations. If it does so then they have no right to operate the mine. It has to be shut down once for all.
D. Fomentos response with its security was like it was cover up murder secrets with investigations on freshly buried corpses. Oh yes, Fomentos perhaps has awaken to the fact that its mining practices in Pissurlem, Advalpal, Colamb and all other mines is actually equivalent of murder.
E. Dangers to our houses due to “Fomento Mines”.
F. State machinery including the police has become the extended arm of the mining companies. It is interesting to note that in spite of police complaint against Fomento mining company for destroying their agriculture neither officials nor managing director or Fomentos have ever been arrested. This is clear indication as to on whose side State Machinery in Goa is operating at present. State Machinery including the police has become the extended arm of the mining Companies in Goa.
G. All the authorities have failed to protect Colamb Villagers and Fomentos Continue to enjoy filed day with State protection to destroy Goa’s ecology and livelihood of its people. Fomentos like all other mining companies are making sure mining dozers forever.
H. All this, Villages allege was done at the instance of Fomento mining Company that is known to use Police for the private purpose of Profit maximization.
I. Goa Federation of Mines Affected People (GOAMAP) strongly condemns Goa Police connivance with Fomento mining Company.
J. GOAMAP also urges Goa Police not to dance to the tune of mining companies such as Fomentos and go about harassing people that are contributing to their salaries as public servants.
K. Fomentos are avid Portuguese loyalist as they were awarded mining leases by earstwhile Portuguese colonial and continue to be loyal till date. In fact its boss and Managing Director Audooth Timblo is list to be present for Portuguese Government’s function today and tomorrow evening.
A. Fomento mining Company, mining disasters are normal and a part of its Trade.
B. Fomentos achieved this disastrous feat again on August 09, 2008 releasing silt into People’s agriculture.
C. We can never let any mining company to make disasters as normal practice of operations. If it does so then they have no right to operate the mine. It has to be shut down once for all.
D. Fomentos response with its security was like it was cover up murder secrets with investigations on freshly buried corpses. Oh yes, Fomentos perhaps has awaken to the fact that its mining practices in Pissurlem, Advalpal, Colamb and all other mines is actually equivalent of murder.
E. Dangers to our houses due to “Fomento Mines”.
F. State machinery including the police has become the extended arm of the mining companies. It is interesting to note that in spite of police complaint against Fomento mining company for destroying their agriculture neither officials nor managing director or Fomentos have ever been arrested. This is clear indication as to on whose side State Machinery in Goa is operating at present. State Machinery including the police has become the extended arm of the mining Companies in Goa.
G. All the authorities have failed to protect Colamb Villagers and Fomentos Continue to enjoy filed day with State protection to destroy Goa’s ecology and livelihood of its people. Fomentos like all other mining companies are making sure mining dozers forever.
H. All this, Villages allege was done at the instance of Fomento mining Company that is known to use Police for the private purpose of Profit maximization.
I. Goa Federation of Mines Affected People (GOAMAP) strongly condemns Goa Police connivance with Fomento mining Company.
J. GOAMAP also urges Goa Police not to dance to the tune of mining companies such as Fomentos and go about harassing people that are contributing to their salaries as public servants.
K. Fomentos are avid Portuguese loyalist as they were awarded mining leases by earstwhile Portuguese colonial and continue to be loyal till date. In fact its boss and Managing Director Audooth Timblo is list to be present for Portuguese Government’s function today and tomorrow evening.
Interim relief to Fomentos from Calcutta High Court
SOCIEDADE DE FOMENTO INDUSTRIAL PVT. LTD Plaintiff/Petitioner/Applicant
Versus
SEBASTIAN ALIAS SEBI RODRIGUES Defendant/Respondent
MR. H. MITRA, SR.ADVOCATE WITH MR.SOUMEN SEN, ADVOCATE
APPEAR FOR THE PETITIONER
BEFORE:
The Hon’ble JUSTICE PATHERA
Date: 24th December, 2008
The Court : In a suit for damages, on account of defamation, interim relief is sought. Counsel for the petitioner submits that the articles are not only published in newspapers but the defamatory statements have also been appearing on the Website and in the electronic media. Hence, orders as sought be passed.
No notice of this application has been served on the respondent as the petitioner apprehends that grave prejudice will be caused to it.
Having considered the facts of the case, there will be an order in terms of prayer (b) of Motion till 15th January, 2009.
Matter to appear in the list on 9th January, 2009.
Leave is granted to the petitioner to correct the typographical errors.
Department and all parties concerned are to act on a Xerox copy of this order on the usual undertakings.
24.12.08
Sd/-
Justice Patherya
Attested by
ASSISTANT REGISTRAR,
HIGH COURT, CALCUTTA
ORIGINAL SIDE
Versus
SEBASTIAN ALIAS SEBI RODRIGUES Defendant/Respondent
MR. H. MITRA, SR.ADVOCATE WITH MR.SOUMEN SEN, ADVOCATE
APPEAR FOR THE PETITIONER
BEFORE:
The Hon’ble JUSTICE PATHERA
Date: 24th December, 2008
The Court : In a suit for damages, on account of defamation, interim relief is sought. Counsel for the petitioner submits that the articles are not only published in newspapers but the defamatory statements have also been appearing on the Website and in the electronic media. Hence, orders as sought be passed.
No notice of this application has been served on the respondent as the petitioner apprehends that grave prejudice will be caused to it.
Having considered the facts of the case, there will be an order in terms of prayer (b) of Motion till 15th January, 2009.
Matter to appear in the list on 9th January, 2009.
Leave is granted to the petitioner to correct the typographical errors.
Department and all parties concerned are to act on a Xerox copy of this order on the usual undertakings.
24.12.08
Sd/-
Justice Patherya
Attested by
ASSISTANT REGISTRAR,
HIGH COURT, CALCUTTA
ORIGINAL SIDE
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