email to Home secretary on April 4 , 2005
pankaj mody
in continuation to the meeting with you ON INVESTIGATION ON GTB FRAUD
pankaj mody
Mon, Apr 4, 2005 at 12:04 PM
Reply-To: pankaj mody
To: pshome@gujarat.gov.in
From: Pankaj S Mody
email modyps@gmail.com
psmody@yahoo.com
For the Kind attention of Shri K C Kapoor
Respected Sir,
At the time of meeting on 21st March 2005 , I had communicated that I had received letter dated 14-3-2005 for furnishing additional details to the Police Inspector Shri Chaudhary of the Economic offence wing at Meghaninagar.
I have met him and furnished Xerox copies of case matter and I would be meeting once again after taking his fresh appointment for submitting additional details.
In the mean time , I would like to draw your attention that I have addressed letter to PSI Bhagora on 3rd April 2005 and has sent the same by speed post to him for necessary action on his part . This is for sake of clarity.
I hope that he takes iniative to take such action.
The mobile number of Mr. Bhagora is 9898324009 as given by him in case of need.
I shall try to keep in touch on this subject from time to time . Please pardon me as I am unable to cope up with various issues simultaneously singlehandedly on account of various constraints.
Thanking you.
Yours sincerely ,
Pankaj S Mody
Posted by Speed to Post to Law Garden Police Chowky and navranpura police station on April 3,2005
Pankaj S Mody
Janmangal Flat ,
40 BMM Society
Paldi ,
Ahmedabad 380 006
April 2,2005
The Police Sub Inspector, Shri Bhagora
Law Garden Police Chowky
Near Law Garden
Ahmedabad,
Respected Sir,
Subject: My Petition Letter dated September 12, 2004 in response to your notice.
In connection with protection as well as investigation of GTB fraud.
1. I am adducing the letter received from the Government of Gujarat vide letter dated 28-2-2005 and the contents are self explanatory.
2. I had sent letter addressed to Sushil Handa ,Beena Handa and Mr. Jatin Jalundhwala of Core HealthCare Ltd on 16-3-2005 as they are not attending Metropolitan Court 15 in false and frivolous defamation case 3326/99 filed against the undersigned.
3. Inspite of informing them that the matter is going to come up 18-3-2005 before the Magistrate , they have not attended the court nor has their advocate Kiran Bhrambhatt attended the court along with detailed reply in light of my letter dated 16-3-2005. The next date in the Metropolitan court is 5th April 2005 in the court Number 22.
4. It is also necessary to note that Core Heatlh care, Jatin Jalundhwala and Global Trust Bank has not engaged any advocates in Civil Revision Application 25 and 26/2002 as well as in the Appeal From order 176/2003.
5. I have also sent letter addressed on 27-12-2004 to Oriental Bank of Commerce ( erst while Global Trust Bank) situated on C G Road , Ahmedabad and they have failed to take necessary measures to compel Core Healthcare, Jatin Jalundhwala and management of GTB to produce necessary evidence against the undersigned in the Metropolitan Court 15 on 31-12-2004. This shows that they have colluded with each other to create charge on the property fraudulently without conducting necessary verification and they want to infringe and encroach on the immoveable property on the strength of creation of charge. It is therefore necessary that all of them are produced before the Metropolitan Court on 5th April for recording their statements.
6. It is necessary that you take all the steps to record the statement of Sushil Handa , Beena Handa , Jatin Jalundhwala and the management of Oriental Bank of Commerce on 5-04-2005 (coming Tuesday ) . The relevant addresses are as under:-
(a) Sushil Handa and Beena Handa :- SHARANYA BUNGLOW, NEAR Judges Bunglows , Bodakdev, Satellite , Ahmedabad. Their office address is Corporate Towers, Opposite Doctor House.
(b) Mr. Jatin Jalundhwala _602 , SATKRUT , PARTHSARTHY AVENUE,NR.SHYAMAL ROW HOUSE
132 RING ROAD , SATELLITE ROAD ,AHMEDABAD
© Oriental Bank of Commerce (Erst while Global Trust Bank ) on C G Road ,
Ahmedabad .
7. On the basis of information I have ,Oriental Bank of Commerce is not taking criminal action against Sushil Handa , Jatin Jalundhwala and the management of Global Trust Bank which primae shows that they are not able to justify complete legal ownership of property/companies to create charge and all of them have colluded with each other to extend favours to Handas who owe Rs 12.5 crores plus accumulated interest.. Oriental Bank of Commerce wants to grab the immoveable property by encroaching on my legal rights.
8. It is necessary to closely examine the statement of Kiran Bhrambhatt , the advocate of Core Health care who has stopped attending the Metropolitan Court on the behalf of Core Healthcare Ltd who has been responsible in filing frivolous case against the undersigned.
9. I most humbly request you to take prompt necessary action in this regard.
10. Your failure to take necessary action to protect the undersigned is unnecessarily tarnishing the top officials Government of Gujarat
11. It is necessary that you shall take third party guarantee of Sushil Handa and Beena Handa amounting to atleast Rs 12.5 crores plus interest there on so that they ensure that they along with Jatin Jalundhwala attend the Metropolitan Court .On account of the sum involved , it is necessary to hold the custody of their passport with the Police for the time being and keep them under your constant watch .
12. I am sending the copy of the present letter by email to the Home Department as well as the Honorable Chief Minister of Gujarat.for their knowledge.
Thanking You.
Yours sincerely,
Pankaj S Mody
Enclosure:- Letter addressed to Handas and Jatin Jalundhwala
Letter from Government of Gujarat dated 28-2-2005 .
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
Posted by Speed to Post to Law Garden Police Chowky and navranpura police station on April 3,2005
Pankaj S Mody
Janmangal Flat ,
40 BMM Society
Paldi ,
Ahmedabad 380 006
April 2,2005
The Police Sub Inspector, Shri Bhagora
Law Garden Police Chowky
Near Law Garden
Ahmedabad,
Respected Sir,
Subject: My Petition Letter dated September 12, 2004 in response to your notice.
In connection with protection as well as investigation of GTB fraud.
13. I am adducing the letter received from the Government of Gujarat vide letter dated 28-2-2005 and the contents are self explanatory.
14. I had sent letter addressed to Sushil Handa ,Beena Handa and Mr. Jatin Jalundhwala of Core HealthCare Ltd on 16-3-2005 as they are not attending Metropolitan Court 15 in false and frivolous defamation case 3326/99 filed against the undersigned.
15. Inspite of informing them that the matter is going to come up 18-3-2005 before the Magistrate , they have not attended the court nor has their advocate Kiran Bhrambhatt attended the court along with detailed reply in light of my letter dated 16-3-2005. The next date in the Metropolitan court is 5th April 2005 in the court Number 22.
16. It is also necessary to note that Core Heatlh care, Jatin Jalundhwala and Global Trust Bank has not engaged any advocates in Civil Revision Application 25 and 26/2002 as well as in the Appeal From order 176/2003.
17. I have also sent letter addressed on 27-12-2004 to Oriental Bank of Commerce ( erst while Global Trust Bank) situated on C G Road , Ahmedabad and they have failed to take necessary measures to compel Core Healthcare, Jatin Jalundhwala and management of GTB to produce necessary evidence against the undersigned in the Metropolitan Court 15 on 31-12-2004. This shows that they have colluded with each other to create charge on the property fraudulently without conducting necessary verification and they want to infringe and encroach on the immoveable property on the strength of creation of charge. It is therefore necessary that all of them are produced before the Metropolitan Court on 5th April for recording their statements.
18. It is necessary that you take all the steps to record the statement of Sushil Handa , Beena Handa , Jatin Jalundhwala and the management of Oriental Bank of Commerce on 5-04-2005 (coming Tuesday ) . The relevant addresses are as under:-
(a) Sushil Handa and Beena Handa :- SHARANYA BUNGLOW, NEAR Judges Bunglows , Bodakdev, Satellite , Ahmedabad. Their office address is Corporate Towers, Opposite Doctor House.
(b) Mr. Jatin Jalundhwala _602 , SATKRUT , PARTHSARTHY AVENUE,NR.SHYAMAL ROW HOUSE
132 RING ROAD , SATELLITE ROAD ,AHMEDABAD
© Oriental Bank of Commerce (Erst while Global Trust Bank ) on C G Road ,
Ahmedabad .
19. On the basis of information I have ,Oriental Bank of Commerce is not taking criminal action against Sushil Handa , Jatin Jalundhwala and the management of Global Trust Bank which primae shows that they are not able to justify complete legal ownership of property/companies to create charge and all of them have colluded with each other to extend favours to Handas who owe Rs 12.5 crores plus accumulated interest.. Oriental Bank of Commerce wants to grab the immoveable property by encroaching on my legal rights.
20. It is necessary to closely examine the statement of Kiran Bhrambhatt , the advocate of Core Health care who has stopped attending the Metropolitan Court on the behalf of Core Healthcare Ltd who has been responsible in filing frivolous case against the undersigned.
21. I most humbly request you to take prompt necessary action in this regard.
22. Your failure to take necessary action to protect the undersigned is unnecessarily tarnishing the top officials Government of Gujarat
23. It is necessary that you shall take third party guarantee of Sushil Handa and Beena Handa amounting to atleast Rs 12.5 crores plus interest there on so that they ensure that they along with Jatin Jalundhwala attend the Metropolitan Court .On account of the sum involved , it is necessary to hold the custody of their passport with the Police for the time being and keep them under your constant watch .
24. I am sending the copy of the present letter by email to the Home Department as well as the Honorable Chief Minister of Gujarat.for their knowledge.
Thanking You.
Yours sincerely,
Pankaj S Mody
Enclosure:- Letter addressed to Handas and Jatin Jalundhwala
Letter from Government of Gujarat dated 28-2-2005 .
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 ...[Message clipped]
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