Chennai: The legal counsel of Polaris Software Lab from India has arrived in Jakarta
to co-ordinate the legal moves with Lucas partners, an international law firm whom
the company has hired to secure the early release of the company chief executive
officer (CEO) Arun Jain and senior vice-president Rajiv Malhotra, presently under
detention there.
"The latest information from Jakarta is that both of them are in good health," the
company vice-president Raghuraman Balakrishnan said in a press release on December
18.
Polaris also praised the efforts being taken by External Affairs Minister Yashwant
Sinha, the Information Technology (IT) Minister Pramod Mahajan, CII and NASSCOM for
securing the release of the two.
Quoting the versions of the two other company executives, who were also detained
along with Jain and Malhotra but were allowed to return to India after 24 hours in
custody of the Indonesian police, the release said all of them were detained on
December 13 during a scheduled meeting with Jakarta based Artha Graha bank chairman,
Anton Hudyana.
The bank chairman wanted across-the-table termination of the contract Polaris had
entered with it or face police action, the release said, quoting them.
"Even as the Polaris team tried to speak with the bank's team to seek ways and means
to resolve the conflict and avoid termination of the contract, the bank resorted to
police intervention," the release said.
Meanwhile Polaris in a statement issued late evening on December 18 said the
detention of its officials was "unlawful", as the contract was drawn up under laws
of Singapore and not Indonesia.
Stating that the arbitration facility to settle contractual disputes like the
current one could be availed only under Singapore law it said, "This makes the
present incarceration of Arun and Rajiv even more reprehensible and needs to be
condoned in the strongest possible terms."
In Chennai, Polaris vice-president Raghuraman Balakrishnan said, "We are hopeful of
some positive development at the earliest."
The issue was taken up with the Indonesian political leadership by Indian Charge d'
Affaires in Jakarta Amar Sinha on December 17 who told them that since Polaris was
willing to refund 6,60,000 dollars to Bank Artha Graha besides paying the damages,
there was no need to detain them.
Police said the two were detained after the Indonesian bank filed a complaint over
what they called business dispute of about 1.3 million dollars.
The Indonesian bank's legal counsel Victor B Laiskodat was quoted as saying that
Polaris did not fulfil its obligations under the agreement.
PTI