SC takes note of apology of litigant for past conduct of filing cases against ex-Wipro chief Premji

PTI, Mar 10, 2022, 3:24 PM IST

The Supreme Court Thursday took note of unconditional apology of R Subramanian, who through various companies initiated a maze of “frivolous” litigations against Azim Premji and others, and said the ex-Wipro chairman took a “constructive” view by deciding to close it if they do not face “barrage” of future litigations.

‘Indian Awake for Transparency’ of Subramanian had filed a complaint in a Bengaluru trial court alleging illegality in the transfer of assets worth Rs 45,000 crore from three companies to a private trust and a newly formed company.

Premji and others had challenged the high court order of May 15 last year which had rejected their pleas for quashing the January 27, 2021 summons issued by the trial court.

Later, on October 5, the top court had extended the stay on criminal proceedings against Premji, his wife, and others on their plea seeking quashing of summons issued by the Bengaluru court on a ”frivolous” and ”mischievous” complaint filed by an NGO alleging breach of trust and corruption in the merger of three companies with a Premji group firm.

On Thursday, a bench comprising Justices Sanjay Kishan Kaul and M Sundresh, which had taken serious note of the ”frivolous” and ”mischievous” complaint filed by Subramanian, perused his affidavit tendering the apology to Premji and others and advised him to start a “new chapter in his life”.

“Pursuant to our last order, on the LDOH, senior counsel Mukul Rohatgi and S Ganesh had agreed to persuade their client Azim Premji to take a more compassionate view of the conduct of R Subramanian to put a closure to all issues subject to the condition that they do not face the barrage of litigation in future,” the bench said.

“We are happy to note that the appellant (Premji and others) has taken a constructive view of the matter and has agreed to forgive the past conduct of Subramanian, more so, in view of the financial issues he has faced,” it said. ”Subramanian tendered apology for his past conduct and we have taken his assurances on the last date hoping that he traverses a new path,” it said. “Even if he redeems for his past conduct in these various proceedings, it will not take away his various responsibilities and liabilities towards various claimants in the Subhiksha/Vishwapriya litigation,” it said. The failure of these schemes caused financial burden on Subramanian and his group companies and in an endeavour to escape the liability, he initiated litigations, it said. Subramanian, in his affidavit, has tendered “an apology for the past conduct including initiating these proceedings in different forums”. In pursuance of the last order of the top court, he also undertook to withdraw “all proceedings whether in this matter or otherwise initiated by him which are not in defence of claims in Subhiksha/Vishwapriya”. The apex court had asked him to say on affidavit that he would not launch any proceedings, wind up this organization and will not “create any more organization nor use his brilliance and help of other people to create further litigation”.

In terms of the last order, he has provided the list of companies which have some money and they will be finally surrendered to Premji and others.

The bench asked Subramanian to modify his public apology and publish it by including the name of two more individuals associated with the Premji firms.

It asked the Registrar of Companies at Chennai to take necessary action and strike off the names of two companies including India Awake for Transparency Private Ltd of Subramanian.

Earlier, the top court had stayed the proceeding before the Bengaluru court against Premji and others and had called for a report from the trial judge.

It had also asked advocate R Subramanian to tender an unconditional apology to Premji and others for “instituting maze of frivolous litigation” against them.