Niira: Hi
Rahul: Hi, is it a good time?
Niira: Yeah yeah sorry. Actually I've been home I didn’t go to work because I've been unwell the last two days so
Rahul: Oh, ok
Niira: Yes…no no just a…it’s just a little fever. I don’t have swine flu, thank god (laughter) I haven’t been quarantined yet. Just a chest infection and it…I suffer from mild asthma
Rahul: Am not surprised…in Delhi I mean…bad weather
Niira: ya…
Rahul, I wanted to talk to you about the judgment yesterday.
Rahul: About the….?
Niira: About the judgment that happened yesterday
Rahul: Sure, sure
Niira: I just wanted your…and honestly…umm…just as an opinion
Rahul: Yeah yeah…
Niira: Please don’t get me wrong. I am not calling to put a perspective, but one is being quite troubled about what is been happening since you know between both my clients, whether it is Tata Power -- Tata or Reliance Industries, we are somehow on the receiving end and one tries to understand who is…who is fixing which system, and I…again i am having a very friendly chat with you and not coming at it from any other way.
Rahul: No no, sure
NIIRA: You see, Tata Power went and did first Sasan. You remember the whole Sasan episode.
RAHUL: Yeah yeah i remember
NIIRA: We went to high court we have gone to Supreme Court now, we’ve taken a decision in the Supreme Court that…Supreme Court... took a decision to go to Supreme Court because we felt that we did not get the sort of respite we wanted from the high court.
RAHUL: hmm…
NIIRA: There was clearly a post facto approval that was given by the EGOM in fixing the rules and we felt that, you know, rules should not be fixed, whether…whether we have a locus standi or not it cannot be fixed after a bid process is over.
RAHUL: Sure
NIIRA: Coal, natural resource. Then we come to spectrum.
Rahul: Yeah
Niira: Speczzzzzzzzzzzzzzztrum, Sunil Mittal, all of us are fighting for a the basis that a retrospective approval was given by great Raja to Anil Ambani (Rahul: hmm) on a policy and a policy was declared in the middle of the night and a LOI was issued, spectrum granted to him immediately and only after that was every other application processed.
Rahul: Right
NIIRA: Matter’s again in the supreme court.
Rahul: Right
NIIRA: Third thing of course, gas, you know is a 354 page judgment that comes from the high court judges there who Reliance has very well summed it up by saying you know it’s a natural resource. How can an agreement between two brothers have any bearing on a natural resource of the country?
RAHUL: Right
NIIRA: And fourthly, if I look at Tata Steel fighting a battle in Jharkhand where iron ore mines are being allocated by the state government to Anil Ambani group, when they don’t even have a steel plant in (unintelligible 2.43-2.45).
RAHUL: Right
NIIRA: In all cases, we are in the Supreme Court.
RAHUL: ya
NIIRA: RIL, I am sure will move to the Supreme Court because this is a pathetic judgment.
RAHUL: Sure
NIIRA: I mean, it doesn’t make sense. The point I am making is that it is a natural resource. I mean, government, I mean there has to be a call, that has to be taken where you’ve got this one group that for personal profit and gain because obviously I…I feel more for it because I am at the receiving end from both my clients.
RAHUL: Ya
NIIRA: I can see it…I can see where my clients are…a desperation from both their points of view because here’s a person who really is fixing the system
RAHUL: Ya
NIIRA: I have heard it from Raja on spectrum, directly saying Nira, you know, I have a…I have a party to run
RAHUL: Right
NIIRA: You know, I have seen Ratan Tata go to the prime minister when we were having coalition poll? And they were last…in the last regime when they put his hands up and said, you know, what do I do? I have a coalition partner.
RAHUL: Ya
NIIRA: And this is a natural resource of the country.
RAHUL: That is not valid any more.
NIIRA: What?
RAHUL: I mean, coalition partner.
NIIRA: No, agreed. I am…now it’s not. What I am saying is that today, whether it is the judiciary or whether whether it is at the high court level or if its at the supreme court, you know, in the case of Tata Power, one more thing that happened to them which was they were not allowed by the High Court also to do distribution in Mumbai
RAHUL: Right
NIIRA: We went to the Supreme Court and got the order.
RAHUL: right
NIIRA: So, at each stage, one has to keep on fighting its business and go to a higher court a higher court a higher court because systems get fixed
RAHUL: Ya
NIIRA: I have seen it in telecom, I’ve…the ministers have told me on my face that don’t fight this battle
RAHUL: Hmm…
NIIRA: You know, we have taken a decision I have a party to run.
RAHUL: Yeah
NIIRA: You know, the point I am making is from a media point of view
RAHUL: Hmm
NIIRA: If in the review, I.. know coverage you have to do what you did yesterday, perfectly fine. We lost the battle.
RAHUL: ya
NIIRA: No I’m not complaining ha…please don’t take me wrong, and I don’t want to be taken wrong in this at all
RAHUL: You know, I’ve…we’ve kept it pretty straightforward – headline is RNRL to get gas at 2.34
NIIRA: Absolutely yeah …yeah
RAHUL: ...as per the High Court ruling, Reliance should honour family settlement, that’s all
NIIRA: Absolutely, absolutely
RAHUL: we’ve added another line below saying Reliance has challenged the decision in the Supreme cCourt. So I think it is, you know, absolutely straightforward.
NIIRA: Hmm
RAHUL: I didn’t want to, you know, say Mukesh and mmm you know, setback to Mukesh…
NIIRA: Correct correct. I saw that I saw the others do Mukesh and Anil and photographs and stuff like that
RAHUL: Exactly, and you will appreciate that I haven’t done it ha…
NIIRA: No no no I know it's going to be…
RAHUL: Long…long…long-standing this thing with Mr. Ambani as well that, you know, don’t put us together, don’t compare, don’t do this… I’m not…this is…actually in here you can’t much avoid because it’s about the two brothers fighting it, I mean, the two companies fighting it out, right?
NIIRA: Correct
RAHUL: But still we have kept the tone and all neutral and it’s all…so that…
NIIRA: No no no I appreciate…I appreciate them…Rahul I’m not…actually I’m not even calling to complain…please don’t take me wrong…I’m…I…you had to do what you’ve done and it’s…it is fine.
RAHUL: Yeah, I’m not…I’m also….
NIIRA: I’m coming at it…
RAHUL:
NIIRA: I’m coming at it from a different point of view.
RAHUL: Ya
NIIRA: In I’m saying…there isn’t….I'm not saying he is the... it can be anyone.
RAHUL: ya ya
NIIRA: But there is a natural resource of the country whether it is coal whether it is spectrum whether it is gas
RAHUL: ya
NIIRA: If there is not…don’t we have a responsibility?
RAHUL: Right
NIIRA: I mean, I’m saying this to Mukesh also that look, you know, perhaps government has to take over responsibility of all natural resources. I spoke to Mr. Tata last night, when he was in New York, and I said to him… I said listen, you know, this is…this is what has happened…he was pretty shocked…and I said you know Ratan, I am going to put this…push this point and I want your approval. And he said absolutely, and if you want me to write to the Prime Minister I will do so.
RAHUL: Hmm
NIIRA: …That natural resources of the country need to be dealt with much much more differently.
RAHUL: Right
NIIRA: You can’t have a High Court…I mean I’m sure we will go to the Supreme Court and…and….that is RIL. But then, there will be Tata Power will also do…I mean they’ve gone on
RAHUL: Hmm
NIIRA: …Because they are pretty sure about their argument that there’s been diversion of for personal profit.
RAHUL: Ya
NIIRA: Not in public interest... Rahul, I…I’m just seeking aa aa…maybe I’m being emotional because it’s my client but I am just seeking a aa aa…you know…a broad view from you as to…you know this is a friend just to say you know, don’t you think this is right?