email sent to Shri Kapoor 13-4-2005

pankaj mody
Enclosure of recent email sent to Dept of Banking Supervision in relation to investigation on GTB fraud
pankaj mody
Wed, Apr 13, 2005 at 2:03 PM
Reply-To: pankaj mody
To: pshome@gujarat.gov.in

From Pankaj S Mody
modyps@gmail.com

13 April 2005


TOP PRIORITY MESSAGE

For the kind attention of Shri K C Kapoor


Respected Sir,


1. I am enclosing email sent to Department of Banking Supervision (DBS) of Reserve Bank of India in the past and by their turning a blind eye they have shamelessly let Oriental Bank of Commerce to take the possession of disputed immoveable property near Doctor House after Parmial Rly Crossing on the left hand cross roads of Muncipal School by issuing Possession Notice on 31-1-2005. It is hard to know at the moment whether the Bank has taken the possession or not at the moment. Some of the earlier correspondence with DBS on RBI is archived on the link as under:-
http://www.reservebankofindiaongtb.blogspot.com/

2. DBS is deliberately maintaining silent and not maintaining transparent approach. Therefore there is reason to be suspicious about their motives because they are not answering the emails.


3. In case the DBS does not performing its duty , one day all of us would get suffocated just the way absence of oxygen can suffocate us. GTB and Cooperative bank collapse has been a night mare . This could have been avoided if DBS performed their role effectively.

4. I therefore humbly request you that promptly an email/ fax is sent to DBS- Hyderabad , Ahmedabad to give reply to the emails sent to them by the undersigned to me while marking a copy to you so as to ascertain truth.

5. In the meanwhile it is necessary to the bunglow into police custody till OBC documentary evidence and satisfies that Span Medicals owns the bunglow . For this it is necessary to record the statement of several persons involved in the scam and fraud.

6. Kindly assign and request Mr. Choudhry to accord top most priority to this subject so that the fraud gets exposed and the people of Gujarat and the country do not unnecessarily get enticed into investing in public issue being brought out by Oriental Bank of Commerce on April 25 2005.

7. Kindly treat the message as most urgent to prevent more further damage lest people blame the Honorable Chief Minister for playing Nero in banking system collapsing. It is necessary to save dignity and Honour of the Chief Minister in light of his receptivity and noble intentions.You would have noticed that Law Garden Police Chowky has not pursued the matter inspite of my petition submitted to them as early as September 12, 2004 while clarifying the same when I came to meet you in person. The inaction of Law Garden Police Chowky has disappointed and frustrated me as they lacked sense of urgency for obvious reasons. My only hope that the lessons are learnt and the situation is rectified.

8. As you and your office staff has been receptive, responsive and vigilant right from day one , I count on your support for prompt action so as to prevent further damage by asking some one working under you to accord top priority to investigate the matter by a dedicated , full time person by checking on DBS as well as GTB right away by taking me along to ask the questions. It is necessary that no more time is given to DBS in light of reminder email to DBS-RBI yesterday for preventing more damage. It is better to strike when the iron is hot.

9. It appears that Mr. J M Chudhary of AARTHIKH GUNAH NIVARAN SAKHA AT MEGHANINAGAR may be burdened with too many assignments and hence since last ten days he is not able to focus on this matter at all. It is necessary that he is freed from other responsibilities so that he can concentrate on this matter on full time basis for prompt action to prevent further damage.

10. I am eager to have even brief feedback on this issue as soon as possible. In the meanwhile I would keep you informed if I receive reply from DBS of RBI.

Thanking You.


Yours sincerely,


Pankaj S Mody







---------- Forwarded message ----------

From: pankaj mody <modyps@gmail.com>Date: Apr 12, 2005 10:37 AM Subject: WHETHER DEPARTMENT OF BANKING SUPERVISION OF RBI IS PLAYING IS NERO TOO !!! Re: Complaint against erstwhile Global Trust BankTo: tvgopalakrishnan@rbi.org.in, dbshyderabad@rbi.org.in, rdhyderabad@rbi.org.in, helphyderabad@rbi.org.in, dbsahmedabad@rbi.org.in, helpahmedabad@rbi.org.inCc: mailto:presidentofindia@rbi.org.in, suchetadalal@yahoo.com, olga_rbow@yahoo.com

From :-
PANKAJ S MODY
JANMAGAL FLATS
40 B M M SOCIETY
AHMEDABAD 380 006
Email: modyps@gmail.com
mailto:psmody@yahoo.com

April 12,2005

To

The Entire staff of Department of Banking Supervision in Hyderabad
Hyderabad




Sir,

At the outset let me state that Department of Banking Supervision in Hyderabad has miserably failed in performing its legal supervising duties on account of complete silence and this reflects total incompetency.

Kindly refer to the email sent by Department of Banking Supervision –Hyderabad on 11 January 2005 pursuant to my emails as enclosed herewith. It took almost 25 days ( by sending email on 5th Feb 2005) to realize that Department of Banking Supervision in Hyderabad did not have jurisdiction by sending a reply that New Delhi would be looking into the matter and in the meanwhile silently helping Oriental Bank of Commerce to issue possession notice on 31-01-2005 as annexed herewith.

The Department of Banking Supervision in Hyderabad inspite of having sent email to the undersigned on January 11, 2005 has tacitly helped Oriental Bank of Commerce to issue possession notice to Core Health care and Span Medicals by adopting hoti hai chalti hai attitude. It would not have taken more than a day or two to realize that DBS-Hyderabad did not have jurisdiction . Besides , DBS-Ahmedabad had already informed you in August 2004 regarding my grievance.

I would be compelled to lodge criminal inquiry against all the concerned officials of Department of Banking Supervision of Hyderabad in case you fail to rectify the situation by answering all the queries raised with you from time to time.

Secondly, I would like to draw your attention that you would lodge criminal complaint against the DBS_New Delhi for inaction on their part in case they are not doing their job effectively.

Thirdly, because DBS –Hyderabad has shouldered the responsibility to look into the matter, you are called upon to conduct detailed inquiry on Oriental Bank of Commerce as to on what independent verification has been done by them where by they have come to conclusion that Span Medicals is the owner of immoveable property as referred in the possession notice. I am marking a copy to DBS –Ahmedabad so that they take initiative of giving help hand to you because OBC branch is in Ahmedabad, the parties are in ahmedabad and the immoveable property is in ahmedabad. It is a lame excuse to state Oriental Bank of Commerce is situated in New Delhi. Is DEPARTMENT OF BANKING SUPERVISION IN HYDERABAD -a puppet of the Chairman and Managing director of Oriental Bank of Commerce that you cannot bring them on their knees. When it came to announce amalgamation of GTB with OBc it took at the most 48 hours to do so to coordinate all the activities within RBI , OBC, Finance Ministry and GTB.

Fourthly the management of Oriental Bank of Commerce is called upon to give an undertaking to the undersigned that they would not do anything to damage my rights in the immoveable property and companies in light of case pending in the court.

Fifthly, they would would make alternative arrangement of obtaining a fresh chare on immoveable property from Handa while releasing the illegal charge on immoveable property by filing criminal action against Sushil Handa and his associcates as well as on management of GTB who have conspired with him and Jalundhwala.


It is a fact that in the court proceedings GTB has never adduced such documentary evidences . Besides they have never appeared in Civil Revision Appeal 25 and 26 /2002. It is a fact that GTB has never appeared in appeal from order 176 /2003 to furnish necessary evidence.

Kindly carry detailed investigation forthwith and furnish a copy of the same to me and the columnist Sucheta Dalal latest by today evening that is on 12 April 2005 by confirming within one hour of receipt of this email that you are giving a detailed reply.

In case you fail to do so, then the all the staff of DBS – Hyderabad confirms that all of you have colluded with Oriental Bank of Commerce to shield the illegal acts of the employees of GTB and Handa group . You are not blind not to see that Handa is running a personal empire of CLARIS LIFESCIENCE.REFER THE LINK AS UNDER:-
http://economictimes.indiatimes.com/articleshow/1046785.cms

As you had plenty of time, you would find it easier to collect necessary information promptly.

I would like to draw your attention that I had written letter to Sushil handa and Mr. Jatin Jalundhwala as annexed herewith . They have not made appearance in the METROPOLITAN COURT with necessary documentary evidence which has enabled them to create charge . Neither , have they produced officials of GTB as witnesses who are to vouch in favour of Jalundhwala who has created charge on the property .

I am marking a copy of present email to DBS –Ahmedabad so that they can make all the investigation with Oriental Bank of Commerce on C G Road in Ahmedabad. It is necessary that you demand cooperation from them.

You have fooled me once by indifference , but I am not the person who gives up easily. I know how to shrug Atlas and I would not let you live in peace in case you do not extend whole hearted cooperation by immediately rectifying the situation. Reread the message carefully.

I am one of the persons who is going to tighten the nuts and bolts of the fence so that others do not fall off the cliff in a ditch. And all the Indians whether friends or foes all of them would extend support to me one by one because it is in their interest also to DBS perform its Dharma and not permit you to be called the Nero watching fire.

In case still the message has not gone down in your mind and heart , then the Department of Banking Supervision in Hyderabad is a living dead entity . Do not worry , I know how to bring life into an entity who pretends to act as living dead entity. My message is loud and clear.

I hope that you have eyes to read the message unless you are blind like a girl in the recent movie – called BLACK .It is time that you are start worrying , Amitabh Bachhan has inspired me and to really move and shake you to awaken the potential within you to bring life in you by just sitting here in Ahmedabad. You have not tasted my rage, wrath and fury. I have decided to play the role of Jatayu and I would force you to play role of Jatayu to save poor Indians even if I have to embrace death while fighting for a genuine cause if you do not chase the great bank robbers as well as crook bankers and crook chartered accountants who protect white collared bank robbers like Sushil Handa.

In the mean time you it is also necessary that you take appropriate steps to stop the forthcoming public issue of OBC which is analogous to loot Peter the public to pay Paul. It is necessary that you give a message after reading the article annexed here with which appeared in Hindustan Times on 4th March 2005.
Yours sincerely,

Pankaj S Mody


E N C L O S U R E - A

PHOTOGRAPH OF THE IMMOVEABLE PROPERTY FOR WHICH CIVIL SUIT IS FILED VIDE SUIT 5827/2001 and during pendency of suit the possession notice given by Oriental Bank of Commerce on 31-1-2005.

THE ORIENTAL BANK OF COMMERCE ON C.G. ROAD, HAS GIVEN FOLLOWING POSSESSION NOTICE ( THE TEXT IS AS UNDER AND MAY HAVE SOME MINOR ERRORS AS THE CONTENTS WERE HAND WRITTEN)

Whereas the undersigned authorized bank officer of OBC (erstwhile GTB Ltd) under the Securitization and Reconstruction ….. interest Act 2002 under Section 13(2) read with rule of Security interest (enforcement) vide 2002 issued and notice on 25-8-2004 calling upon the borrower and others namely:-

To Borrower
1) Core Healthcare Ltd
Regd Office Sangita Complex , II Floor
Nr. Parimal Rly Crossing
Ellisbridge, Ahmedabad 380 006


2) M/s Span Medicals Ltd
A-2 Sangeeta Complex
Nr Parimal Rly Crossing
Ahmedabad 380 006

To pay the amount mentioned in the notice being amount Rs 22,52,87,210.19 (Rs TwentyTWO crores fifty two lakhs eighty seven thousand two hundred ten and paisa nineteen) only o/s and payable as of 30/6/2004 within sixty days from the date of receipt of the said notice.

The borrower and guarantor having failed to repay the amounts. Notice is hereby given to the borrower and the public in general that the undersigned has taken possession of the property described herein below in exercise of power conferred on him/her under section 13(4) of the said act read with rule 9 of the said rule on 31 January 2005.

The borrowers guarantors in particular and the public in general is hereby cautioned not to deal with the property and any dealing with the property will be subject to charge of the OBC (erstwhile GTB Ltd) for the amount of Rs 22,52,87,210 .19 and interest payable thereon payable as applicable.

Description of the immoveable property

Type of security Property Particulars

Mortgagor of Property All that undivided share in the piece and parcel of free hold
Non agricultural land situate lying and being near Parimal
Rly Crossing Ellisbridge , Ahmedabad of Moje Chhadavad
Of City taluka in the Registration district of Ahmedabad and
Subdistrict of Ahmedabad -4 (paldi) NO 10 (paiki) of Final
Plot 768 of Town Planning scheme No 3/5 admeasuring 3065
Sqmeters or there about together with buildings and
Compounds thereon

DATED 31/01/2005 Sd Mrs Vidyavati Rudra
Place Ahmedabad (authorized officer )
Oriental Bank of Commerce




ENCLOSURE B


Enclosure of Letter addressed to Sushil Handa , Beena Handa and Jatin Jalundhwala
On 16-03-2005

From : Pankaj S Mody 40 BMM SOCIETY
PALDI ,
AHMEDABAD 380006
modyps@gmail.com
psmody@yahoo.com

16th March 2005,

1. Mr. Sushil Handa
Near Judges Bunglows, BODAKDEV
AHMEDABAD
2. Mrs. Beena Handa
Near Judges Bunglows, Bodakdev
Ahmedabad
3. Mr. Jatin Jalundhwala
602 Satkrut, Parthsarthy Avenue, Nr. Shymal Row House , 132 Ring Road, Satellite Road , Ahmedabad

Sir,

1. You are the directors of Dhanyushya Financial Pvt Ltd and you are aware that the undersigned has filed civil suit 5827/2001 in the City Civil Court of Ahmedabad against Dhanyushaya Financial , Jatin Jalundhwala , Core Healthcare Ltd and Global Trust Bank. Dhanyushya Financial , Jatin Jalundhwala , Core Health care has filed affidavit in the city civil court during the proceedings in the above referred matter narrating the contents of Memorandum of understandings where in the presence of escrow persons (namely Mr. Saurabh Soparkar and Mr. Hemant Kashiparekh is referred) and copy of the mous bearing signature of Jatin Jalundhwala is adduced to the city civil court.

2. At your instance , Core Health care Ltd has filed criminal defamation case 3326/99 in the Metropolitan Court of Ahmedabad against the undersigned. Till date no one has been attending the matter in the court from your side showing which clearly demonstrates that charge created by Mr. Jatin Jalundhwala on the immoveable property of Rupmanglam Investment Private Ltd is fraudulent . This shows deliberate attempt on your side to harass me and you do not have any case against the undersigned . You are called upon to attend the Metropolitan Court ( on 18th March 2005 ) along with the concerned/connected officials of GTB as your sahids failing which it would be construed that the management of Core Healthcare had filed a false criminal defamation against the undersigned with sole motive to harass me and I would be at liberty to recover damages from you by taking appropriate legal action against you for causing harassment. .

3. In light of present request letter addressed to you, you are called upon to furnish the following :-
· Documentary joint written affidavit from Mr Saurabh Soparkar and Mr. Hemant Kashiparekh (who have been referred as escrow persons in tthe copies of MOUS furnished by Dhanyushya to Chamber Court ) , as to their written confirmation that they ( Mr. Kashiparekh and Mr. Soparkar) have simultaneously handed over the documents of various documents from all the family members of Mody family including the undersigned.Till date , you have not given reply to my reply given through my advocate Shri K V Shelat pursuant to notice by Dhanyushya to me and other mody family members.
· Documentary evidence in form of audited balance sheets along with written affidavit from auditor of Dhanyushya (M/s Shah and Shah Associates ) that stamped transfer deeds along with share certificates belonging to all mody family members have been presented by Dhanyushya to the legal board of directors of Rupmangalam within two months of validity period of transfer deeds while simultaneously adducing minute book records of directors and shareholders of Rupmanglam and Flovin Plastics Pvt Ltd and simultaneously confirmed by the auditors (Kashiparekhs) of Rupmanglam Investment Private Ltd and Flovin Plastics Pvt Ltd.
· You shall obtain necessary written affidavit from the auditors of Rupmangalam and Flovin that they have fully verified the documentary evidences and compliances of articles of association and memorandum for legal transfer of shares to Dhanyushya Financial that Dhanyushya is sole legal shareholder of both these companies.
· You shall also obtain written affidavit from the auditors (Kashiparekhs) of Rupmanglam and Flovin as regards to how they came to know of so called shift of registered office of Rupmanglam Investment Pvt Ltd and Flovin Plastics Pvt Ltd
· You shall also obtain written affidavit from the auditors (Kashiparekhs) of Rupmangalam and Flovin as to on what supporting documentary evidences they have considered that Ameet Desai and Jatin Jalundhwala to be the sole directors of Rupmangalam Investment Pvt Ltd and Flovin Plastics Pvt Ltd to the exclusion of Mody family directors.
· You shall also adduce all necessary documentary evidences from Mrs Swati Soparkar, practicing in Gujarat High Court as regards to who has approached her for filing documents for amalagmating Rupmanglam Investment Private Ltd and Flovin Plastics Private Ltd with Span Medicals by approaching Gujarat High court and how she has verified the authenticity before filing the matter to Gujarat High Court.

In case you fail to give a satisfactory reply then , all of you have in collusion with each other has created fraudulently created charge on the immoevable property of Rupmanglam Investment Pvt Ltd and Flovin Plastics Pvt Ltd so as to obtain term loan of Rs 12.5 crores from Global Trust Bank for funding Core Healthcare.

4. It is also your responsibility to call for sahids from Global Trust Bank ( now Oriental Bank of Commerce) in the criminal defamation case 3326/99 filed against the undersigned to establish legal charge created by Global Trust Bank and it is obligatory on your part to produce the concerned officials of GTB in the Metropolitan court in defamation case against the undersigned. In case , Oriental Bank of Commerce fails to produce all the concerned officers of GTB, it is your responsibility to file criminal case against Oriental Bank of Commerce for causing any damage to my legal rights during pendency of city civil suit 5827/2001 in City Civil Court of Ahmedabad.

5. You are called upon to furnish your detailed reply to the undersigned by email to me forthwith . The copy of this letter is being sent to SEBI and other agencies for further detailed investigation as I also happen to be share holder of Core Health care Ltd.

6. I reserve my right to call for additional information , clarification , comments , etc as and when needed from all of you at a later date.

Yours sincerely,

Pankaj S Mody







.
On Apr 12, 2005 9:49 AM, pankaj mody <mailto:psmody@yahoo.com> wrote:

--- DBS <mailto:dbshyderabad@rbi.org.in>

for psmody@yahoo.com;

Tue, 11 Jan 2005 17:10:15 > +0530>

Received:

To: <mailto:psmody@yahoo.com>>

Subject: Complaint against erstwhile Global Trust> Bank>

Date: Tue, 11 Jan 2005 To: "DBS" > <dbshyderabad@rbi.org.in

Dear Sir>> We acknowledge receipt of your letter dated January > 10, 2005 through e-mail and advise that we are> looking into the matter.>>

Dr R Vaidyanadhan> Manager, RBI, DBS, Hyderabad__________________________________________________