Kwan's Founder Director Sheetal Talwar has decided to take legal recourse against his team members Indranil Das Blah, Madhu Mantena and Dhruv Chitgopekar for ignoring his suggestion to not take Anirban's sex scandal lightly. Talwar, in his notice dated October 24, 2018, clearly hints that he was not happy with the way Madhu, Indrani and Dhruv were functioning in the wake of the complaints they had been hearing/receiving regarding sexual harassment by Anirban- and the way they have conducted themselves after the news broke out.



The 10-point strongly-worded notice (of which SpotboyE.com has a copy) reads as follows:



To,



1. KWAN Entertainment and Marketing Solutions Pvt. Ltd.

202, Commerce Centre, Off New Link Road, Andheri (West), Mumbai, Maharashtra- 400053



2. Mr. Madhu Mantena

Director KWAN Entertainment and Marketing Solutions Pvt. Ltd. 202, Commerce Centre, Off New Link Road, Andheri (West), Mumbai, Maharashtra- 400053



3. Mr. Indranil Das Blah

Director KWAN Entertainment and Marketing Solutions Pvt. Ltd. 202, Commerce Centre, Off New Link Road, Andheri (West), Mumbai, Maharashtra- 400053



4: Mr. Dhruv Chitgopekar

Director KWAN Entertainment and Marketing Solutions Pvt. Ltd. 202, Commerce Centre, Off New Link Road, Andheri (West), Mumbai, Maharashtra- 400053



Date: 24th October 2018



SUB: Board Meeting of KWAN Entertainment and Marketing Solutions Pvt. Ltd.



34-B, Jolly Maker Chambers - II, Nariman Point, Mumbai 400 021. T/91 22 2202 5117|F/91 22 2202 4359 | E/ contact@probuslegal.com | W/ www.probuslegal.com



Dear Sir, We are concerned for our client, Mr. Sheetal V. Talwar, a Director and distinguished member of the board at KWAN Entertainment and Marketing Solutions Pvt. Ltd. (“our Client”), and on his pre-emptory instructions we address you as follows:



1. At the very outset we bring your attention to the email titled "Confidential” dated 9th October 2018 addressed by our Client to Mr. Madhu Mantena wherein all the other members of the board of directors of KWAN Entertainment and Marketing Solutions Pvt. Ltd. were marked as well ("Email"). Suffice to say, the apprehensions of our Client as specifically detailed in the said Email have come true. Moreover, there has been no effort, credible or otherwise, on your part - the addressees herein - to either comply with the requisitions of the said Email and/or to take such take steps to protect the reputation and integrity of KWAN Entertainment and Marketing Solutions Pvt. Ltd (Kwan), and provide its employees, clients and associates an environment devoid of sexual harassment.



2. Whilst our Client was coming to terms with the allegations levelled against Mr.Madhu Mantena, he was left completely devasted by the frontpage story titled "#Me Too: Bollywood's top talent manager Anirban Blah accused of harassment by four actresses” which was carried out by Mid-Day in its circulation dated 16th October 2018. The contents of the said article, and the fact that four individual and independent members of the fraternity have come forward to narrate their respective incidences of sexual harassment at the hands of Mr. Anirban Das Blah has caused immense anxiety and deep concern to our Client. It has ostensibly been reported that he sought actresses to strip down, told them casting is done in bed rooms, asked them to be part of unnatural sex set-up and was a predator who body shamed them.



3. If the contents of the Email were not self-explanatory, then it is repeated and reiterated hereto that our Client has absolutely no tolerance for any misconduct or any sorts, let alone for something as grave as sexual harassment. He has been a champion for women's right and equal opportunities throughout his illustrious career. Amongst others, Kwan was an outcome of our Client's vision to promote equal opportunities of growth and development irrespective of one's caste, creed and sex in an environment devoid of any unsolicited advances. The fact that our Client, at the time of designing the office of Kwan, insisted on an open office design and glass cabins goes a long way to showcase how fundamental his beliefs are to him.







Indranil Blah







5. It is unfathomable that our Client will let such serious illegal acts go with impunity. Your aforementioned actions are not only illegal and unwarranted but also evidence of your indifference to the issue at hand. Not only have you, the addressees herein, called the aforementioned townhall meeting without informing and/or notifying our Client but you had the impertinence to issue the aforementioned unlawful instructions to employees and staff at Kwan behind our Client's back. It is may be noted with great implication that directors owe a fiduciary duty towards the organization and ought to act responsibly, sincerely and promptly should issues of such magnitude come forth, and needless to say that you, the Addressees herein, have failed individually and collectively. Your actions of calling for the townhall meeting, issuing instructions and protecting Mr. Anirban Das Blah, and to brush the issue aside efforts whilst keeping our Client in dark has made each and every one of you liable for the consequences that may arise as a result thereto.



6. In situation as aforementioned, our Client will not be a mere spectator and shall take such stern measures as deemed appropriate in the interest of Kwan and its tarnished reputation. Our Client (once again) calls for an immediate and forthwith meeting of the board of directors to discuss the potential fallout and appropriate next steps from the article in The Huffington Post implicating Mr. Madhu Mantena and the most recent and more damning article dated 16th October 2018 in the Mid-Day and subsequent articles incriminating Mr. Anirban Das Blah. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 too provides specific duties and responsibilities for the establishment. Hence, it is imperative that an emergency meeting of the board of directors be called to discuss actions to ensure that such untoward incidents are never repeated.



7. Any process of rectification and reconciliation in a commercial establishment cannot commence until and unless the true state of affair of such establishment is known. Therefore, our Client categorically calls for the books of account of Kwan, along with copies of the minutes of all the previous meetings of the board of directors, be immediately made available to each & every director to enable them to come to an informed decision. It is essential that the board, including our Client, be given all the information sought to ensure that swift and decisive measures are taken to ensure damage limitation and that Kwan's reputation is restored at the earliest.



8. In light of the above, we again bring to your attention that our Client shall not let the two incidences of indecency smear our Clients and/or Kwan's reputation. He will forever be guided by his morals and ethics and stand for the cause of women all over the world. Our Client will not tolerate any form of harassment. As the founder and director of Kwan, our Client is determined to see that swift and concerted action is taken by Kwan and that no time in future can any such alleged acts be repeated.



9. Hence, we for & on behalf of our Client once again call upon you - the addressees - to call for an immediate and forthwith emergency meeting of the board of directors, and in any case, such meeting ought to be called within 15 days from the receipt of this legal notice wherein the agenda would to discuss the best way to contain the damage from said allegations and to take such preventive steps as necessary so ensure no dereliction is never repeated at Kwan. Moreover, you - the addressees - are also required to produce and hand over copies of the books of account of Kwan, along with copies minutes of all the previous meetings of the board of directors at least 7 days prior to the aforesaid emergency meeting of the board of directors to ensure immediate and assertive action. Our Client proposes that the aforementioned meeting can be held by way of video conferencing at the earliest. Our Client once again urges you to not to delay in calling for the aforementioned meeting.



10. It is sincerely hoped that requisitions of this legal notice will be complied within the time period as stipulated herein, and the callous attitude showcased post the Email will not be repeated. Should you again choose to be indifferent as before, then our Client shall be compelled to take such actions in law, against the alleged perpetrators and you - the addressees - for your alleged actions and disregard respectively.





Sheetal Talwar



When contacted, Sheetal Talwar who is overseas, refrained from commenting on the sensitive matter, but when we continued to probe, he finally said, "Yes, I have sent a legal notice to Madhu and Dhruv. It's an internal matter and we hope we resolve it amicably." All further prodding would not make him say anything more, except, "I do not wish to elaborate."

4. The silence and utter inaction on part of the board of directors to the Email and thereafter the article evidences that the board is willing and eager to turn a blind eye to such grave and serious allegations. While no action has been taken in respect of Mr. Madhu Mantena, a press statement was released stating that Mr. Anriban Das Blah has been asked to step aside from his duties, activities and responsibilities at Kwan. It has come to the attention of our client that on 17th October 2018 there was an alleged townhall meeting conducted at the instance of you - the addressees herein - where the staff and employees of Kwan were warned to stay quiet about the alleged misconduct on part of Mr. Anirban Das Blah.5. It is unfathomable that our Client will let such serious illegal acts go with impunity. Your aforementioned actions are not only illegal and unwarranted but also evidence of your indifference to the issue at hand. Not only have you, the addressees herein, called the aforementioned townhall meeting without informing and/or notifying our Client but you had the impertinence to issue the aforementioned unlawful instructions to employees and staff at Kwan behind our Client's back. It is may be noted with great implication that directors owe a fiduciary duty towards the organization and ought to act responsibly, sincerely and promptly should issues of such magnitude come forth, and needless to say that you, the Addressees herein, have failed individually and collectively. Your actions of calling for the townhall meeting, issuing instructions and protecting Mr. Anirban Das Blah, and to brush the issue aside efforts whilst keeping our Client in dark has made each and every one of you liable for the consequences that may arise as a result thereto.6. In situation as aforementioned, our Client will not be a mere spectator and shall take such stern measures as deemed appropriate in the interest of Kwan and its tarnished reputation. Our Client (once again) calls for an immediate and forthwith meeting of the board of directors to discuss the potential fallout and appropriate next steps from the article in The Huffington Post implicating Mr. Madhu Mantena and the most recent and more damning article dated 16th October 2018 in the Mid-Day and subsequent articles incriminating Mr. Anirban Das Blah. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 too provides specific duties and responsibilities for the establishment. Hence, it is imperative that an emergency meeting of the board of directors be called to discuss actions to ensure that such untoward incidents are never repeated.7. Any process of rectification and reconciliation in a commercial establishment cannot commence until and unless the true state of affair of such establishment is known. Therefore, our Client categorically calls for the books of account of Kwan, along with copies of the minutes of all the previous meetings of the board of directors, be immediately made available to each & every director to enable them to come to an informed decision. It is essential that the board, including our Client, be given all the information sought to ensure that swift and decisive measures are taken to ensure damage limitation and that Kwan's reputation is restored at the earliest.8. In light of the above, we again bring to your attention that our Client shall not let the two incidences of indecency smear our Clients and/or Kwan's reputation. He will forever be guided by his morals and ethics and stand for the cause of women all over the world. Our Client will not tolerate any form of harassment. As the founder and director of Kwan, our Client is determined to see that swift and concerted action is taken by Kwan and that no time in future can any such alleged acts be repeated.9. Hence, we for & on behalf of our Client once again call upon you - the addressees - to call for an immediate and forthwith emergency meeting of the board of directors, and in any case, such meeting ought to be called within 15 days from the receipt of this legal notice wherein the agenda would to discuss the best way to contain the damage from said allegations and to take such preventive steps as necessary so ensure no dereliction is never repeated at Kwan. Moreover, you - the addressees - are also required to produce and hand over copies of the books of account of Kwan, along with copies minutes of all the previous meetings of the board of directors at least 7 days prior to the aforesaid emergency meeting of the board of directors to ensure immediate and assertive action. Our Client proposes that the aforementioned meeting can be held by way of video conferencing at the earliest. Our Client once again urges you to not to delay in calling for the aforementioned meeting.10. It is sincerely hoped that requisitions of this legal notice will be complied within the time period as stipulated herein, and the callous attitude showcased post the Email will not be repeated. Should you again choose to be indifferent as before, then our Client shall be compelled to take such actions in law, against the alleged perpetrators and you - the addressees - for your alleged actions and disregard respectively.When contacted, Sheetal Talwar who is overseas, refrained from commenting on the sensitive matter, but when we continued to probe, he finally said, "Yes, I have sent a legal notice to Madhu and Dhruv. It's an internal matter and we hope we resolve it amicably." All further prodding would not make him say anything more, except, "I do not wish to elaborate."