INTHESUPREME COURT OFMAURITIUS

MAURITIUS TO WIT:
also called ROSHI BHADAIN
At the suit, instance and request of MR SUDARSHAN BHADAIN GCSK
Abovenamed Party', electing
residing at Avenue L'Ouragan, Albion, hereinafter referred to as the
his legal domicile in the office of Me Pazhany Rangasamy, Attorney-at-Law, situates at 5th Floor,
Hennessy Tower, Pope Hennessy Street, Port Louis.

TAKE NOTICEFOR THAT:

1. Whereas the Abovenamed Party is a Barrister-at-Law and a Fellow Chartered
Certified Accountant, who has been elevated to the rank of Grand Commander of the
Star and Key (GCSK) of the Republic of Mauritius and is the leader of a political Party,
the "Reform Party".

Whereas the Abovenamed Party was at the general elections held on 11th December
2
ANY,

AA
RANG S 2014, elected as 2nd member of Constituency No. 18 'Belle Rose/Quatre
Bornes' and
was appointed Minister of Financial Services, Good Governance and Institutional
Reforms on 15th December 2014, until a new Cabinet was formed on 23rd January
F.21031-LaN 2017, when the then Prime Minister, Sir Anerood Jugnauth was replaced by his son,

(forne Pravind Kumar Jugnauth as Prime Minister.

Whereas you, the Hereundernamed Party No. 1, are currently a member of the
3.
National Assembly and Minister of National Infrastructure and Community
Development. You, the Hereundernamed Party No. 1, are also a member of the
political party "Mouvement Socialiste Militant
-

MSM".

Whereas the Abovenamed Party avers that you, the Hereundernamed Party No. 2,
4.
are a private company limited by shares and the owner of a private radio station
called "Wazaa FM".

Whereas the Abovenamed Party avers that after he chose not to form part of the
5.
then Government under the leadership of Pravind Kumar Jugnauth, a commission of
inquiry was set up in May 2017 and Messrs. Bhushan Domah, Abdool Sattar Hajee
Abdoolah and Imrith Ramtohul were appointed as Commissioners respectively to
conduct an inquiry into the disposal of shares which the 'Ex-BAI Company (Mauritius)
Ltd' held in Britam Holdings Ltd (Kenya).

6. Whereas the Abovenamed Party also avers that four years later, on 27th July 2021 the
Hon. Prime Minister, Pravind Kumar JUGNAUTH, tableda copy ofthe report of
said commission of inquiry in the National Assembly.
 live broadcast on a private radio
7. Whereas the Abovenamed Party avers that in a
owned by the Hereundernamed Party No. 2
called "WAZAA FM", in the afternoon of
"Emission l'instant Politique avec
Friday 30th July 2021 broadcast and published
Hereundernamed Party No. 1, in the
Jimmy Jean Louis et ses invités", you, the
and Sham Matura,
company of Messrs Vikash Peerun, Ravi Rutnah, Dick Ng Sui Wa
made the following statements, amongst others:

4.5...milliards de dollars, exactement merci. Alors

"..Bane offres ti varié entre 4.2 a et ti
fine éna 4.2 a 4.5! 4.2a 4.5 mo pa vandé, mo alle vande 2.4! Mo alle vande 2.4
éna six dimounes, tou sa six dimounes la pas ti bon la? Kot sa 1.9 milliards roupies
kan alle
ine allé? Toute longue du transaction ine cause en dollar, mais seulement
ki nous
foire transaction alle faire en Kenyon shilling. Kifer? Ena beaucoup questions
capave posé la! Trasabilité ! Parseki dollar ou coné kot ine attérir ? Eski kifer
certaines l'autorités kenyanes pane cooperé, pou donne bane détails, kot la
monnaie été? Alors tou sala azordi, mo comprend ki lé monde de missié Bhadain
ine tremblé là! Pé écroulé!"

". Zordi le peuple mauricien pé démande a l'ex ministre Bhadain: Kot nous 1.9
milliards été? C'est sa ki nou pé demandé!"

8. Whereas the Abovenamed Party avers that the above statements made by you, the
Hereundernamed Party No. 1, meant and were understood to mean that there was
an amount of Rs 1.9 billion and that amount of Rs 1.9 billion had allegedly been
siphoned off by allegedly underselling the Britam Kenya shares for Rs 2.4 billion,
instead of taking other alleged offers ranging between 4.2 billion dollars and 4.5
billion dollars.

9. Whereas the Abovenamed Party vehemently denies that the said amount of Rs 1.9
billion had ever existed and avers that the statements made by you, the
Hereundernamed Party No. 1, are false and defamatory.

10. Whereas the Abovenamed Party avers that the only firm offer for the sale of Britam
shares was for Rs 2.4 billion made by the Kenyans.

11. Whereas the Abovenamed Party further avers that the agreement to sell the Britam
shares to the Kenyans was, in fact and in truth, between the Ministry of Finance in
Mauritius (MOFED), represented by the Financial Secretary, and the Republic of
Kenya, represented by their Cabinet Secretary, Mr. Henry K. Rotich.

12. Whereas the Abovenamed Party also avers that there has never been any offer in
writing or any contractual document to show that the Kenyans had made a firm and
binding offer to buy the shares at Rs 4.3 billion and that you, the Hereundernamed
Parties, had deliberately been defaming and mudslinging the Abovenamed Party in
public.
 13. Whereas the Abovenamed Party avers that on Saturday 31st July 2021, you, the
Hereundernamed Party No. 1, held a press conference at the Prime Minister's
Office, along with two other colleagues, namely Hon. Maneesh Gobin and Hon.
Mahen Kumar Seeruttun and you, the Hereundernamed Party No. 1, again made
vile allegations and defamatory statements against the Abovenamed Party, more
specifically as set out below:

. Bisin vine dire nou kot 1.9 milliards roupies, l'argent banes mamas, papas kifine
mette dan, ki fine investi, ki fine victime de supercashbackgold, ki ti pé éssaie save
l'argent pou envoye zenfan apprane, nou bane compatriotes ki ti pé essaie save ene
ti pé 'argent pou zot retraite, sa 1.9 milliards la c'est pou banne la sa, c'est zot
P'argent sa!
"..de toute foçon quand nous guette le bilan ki Roshi Bhadain fine ena comme
ministre dix-huit moins ki li ti ministre. Si en dix-huit moins 1.9 milliard ine
disparaitre nous dire heureusement panne reste pli longtemps kisa! Mo pensé
seul bilankili éna zordi l"

"Zordi nou pou demande coup de main bane instances internationales pou done nou
aine coup de main pour nou capave rétrouve les 1.9 milliards de roupies ki
"

appartenir à la nation mauricienne. Merci.

14. Whereas the Abovenamed Party avers that the aforesaid press conference
broadcast live on facebook, which has a wide public audience both locally and
internationally. The extracts of the said press conference, more particularly the
above statements made by you, the Hereundernamed Party No. 1, against the
Abovenamed Party was widely broadcast by you, the Hereundernamed Party No. 2,
on the same day.

15. Whereas the Abovenamed Party avers that the said defamatory statements of the
Hereundernamed Party No. 1, are still to date published on the facebook page,
https:www.facebook.com/wazaa.mu/, of the Hereundernamed Party No. 2.

16. Whereas the Abovenamed Party avers that the said defamatony statements,
gratuitously and recklessiy made in the said press by you, the
conference
Hereundernamed Party No. 1, and published by you, the Hereundernamed Party
No. 2, are meant and understood to mean, inter alia, that: (i) the Abovenamed Party
has to explain to the nation where the misappropriation of Rs 1.9 billion is hidden
as this belongs to the policyholders of Super Cash Back Gold; (ii) the Abovenamed

Party's only 'bilan' in allegedly 18 months of Financial Services, Good

as Minister
Governance and Institutional Reforms, is that he made Rs 1.9 billion disappear; and
(i) you, the Hereundernamed Party No. 1, and your colleagues will solicit the help
of international institutions to find the Rs1.9 billion which belongs to the Mauritian
nation.
17. Whereas the Abovenamed Party also avers that you, the Hereudnernamed Party
No. 1, deliberately stated that there were binding offers of around Rs 4.3 billion to
buy the said shares of Britam, which were not accepted by the Special Administrator
appointed by the Financial Services Commission.

18. Whereas the Abovenamed Party further avers that by the irresponsible acts and
doings of the Hereundernamed Party No. 1, the aforesaid defamatory statements
are also meant and understood to mean that the Financial Secretary, Mr Dev
Manraj, a guardian of the best financial interests of Mauritius, and also
Chairman of the Financial Services Commission, had acted to the detriment of the
country while agreeing to sell to the Kenyans and had accepted a lesser offer.

19. Whereas the Abovenamed Party avers that you, the Hereundernamed Party No. 1,
whilst making the said false and defamatory statements, have abused your position
as a minister and have committed a faute lourde', which has defamed the
Abovenamed Party.

20. Whereas the Abovenamed Party also avers that you, the Hereundernamed Parties,
made and published the aforesaid defamatory statements against the Abovenamed
Party, when you, the Hereundernamed Parties, were fully aware and cannot plead
or pretend ignorance of section 12 of the Commission of Inquiry Act.

21. Whereas the Abovenamed Party avers that by making the aforesaid defamatory
statements, you, the Hereundernamed Party No. 1, have acted negligently,
imprudently, tortuously, recklessly, maliciously and in utter bad faith witha view to
cast misleading innuendos and sully the reputation and character of the
Abovenamed Party in the eyes of the public at large and with a clear political motive
to destroy and/or cause irreparable prejudice to the political career of the
Abovenamed Party.

22. Whereas the Abovenamed Party avers that you, the Hereundernamed Parties, have
through your aforesaid reckless, wrongful and unlawful acts acted in utter bad faith,
thus committed a "faute lourde" which have caused and are still causing immense
harm, prejudice and damage to the good reputation of the Abovenamed Party
which the latter reasonably estimates at the sum of Rs 50 million.

23. NOW TAKE FURTHER NOTICE THAT you, the Hereundernamed Parties, are hereby
most formally required, called upon and summoned to pay to the Abovenamed
Party the aforesaid sum of Rs 50,000,000 for the reasons fully set forth above and
to pay the costs of this present notice "mise en demeure" within a delay of ONE
MONTH as from the date of service thereof upon you, the Hereundernamed Parties.
 24. WARNING YOU, the Hereundernamed Parties, that should you fail to comply with
the requirements and exigencies of this present notice "mise en demeure" within
the above delay, the Abovenamed Party shall take against you such legal steps as
he may be advised more particularly enter a case before the Supreme Court
claiming the aforesaid sum of Rs 50 milion from you and all legal and judicial costs
shall be borne up by you, the Hereundernamed Parties.

tnder all legal reservations

Datedat Port Louis this 06th day of August, 2021

Me. Pazhany RANGASAMY

of 5th Floor, Hennessy Tower, Pope Hennessy Street, Port Louis
ATTÒRNEY FOR THE ABVENAMED PARTY
To
1. MAHENDRANUTH SHARMA HURREERAM, Minister of National Infrastructure and
Community Development, service to be effected at his residence at 153, Morcellement la
Vallée, Sainte Croix, Port Louis.

2. FIRST TALK LTD, service to be effected at its registered office address at 66C2, Cybercity,
Ebene, 9th Floor, Bramer House, Ebene.