904-NMS-1220-15-F4.DOC
January 2015 and the publication of the first article on 19th June
2015. What is it that Ms. Dalal and Mr. Basu did in that time? Did
they merely sit silent for all those months and come out with the
article without any further acts? The plaint is curiously silent,
though it could not possibly have been. Ms. Dalal in her note and in
her Affidavit in Reply points out that after she received the
anonymous letter she did make enquiries with various regulators,
Stock Exchanges, and traders. She does not provide details of these.
Dr. Tulzapurkar says that this is the information that ought to have
been disclosed. Maybe so. However, there is other material that Ms.
Dalal has disclosed but the Plaintiffs have not though, in my view,
they were obliged to do so. This is the fact that on 11th June 2015,
well before the article appeared, Ms. Dalal emailed the Chairman of
SEBI with a copy to the two persons at the helm of the NSE’s
affairs, Mr. Ravi Narayan and Ms. Chitra Ramakrishan, persons
who have been in those positions for a very long time indeed and
who can reasonably be supposed to be au courant with the NSE’s
dealings, processes and affairs, seeking their response to the
anonymous letter, with a copy of it. 9 There was no answer. Nothing
in the nature of what is stated now in paragraph 18A was returned
to Ms. Dalal. She sent a reminder a few days later on 15th June
2015.10 This too met with silence. The next day she sent an SMS to
Mr. Ravi Narayan and Ms. Chitra Ramakrishan asking specifically
whether the NSE had anything to say on these emails. 11 Again: no
response. There are, thus, three distinct communications from Ms.
Dalal to the two persons at the NSE best placed to answer the
questions she raised. There is not even a whisper of these
9
10
11
Motion paperbook, p. 89
Motion paperbook, p. 90
Motion paperbook, p. 91
15 of 30
::: Uploaded on - 10/09/2015
::: Downloaded on - 03/02/2020 18:08:37 :::