Copy pf email marked to K C Kapoor 18 may 2005
pankaj mody
MY PREVIOUS EMAILS ON PROTECTION AS WELL AS INVESTIGATION OF BANKING FRAUD IN GLOBAL TRUST BANK
pankaj mody
Wed, May 18, 2005 at 2:31 PM
Reply-To: pankaj mody
To: cm@gujaratindia.com, secinb@gujarat.gov.in, pshome@gujarat.gov.in
From:- Pankaj S Mody40 BMM Society,Paldi, Ahmedabad 380 006Email : modyps@gmail.com,
MAY 18, 2005
The Honourable Chief Minister of GujaratGandhinagar
Respected Sir,
SUBJECT: MY EARLIER EMAILS ON PROTECTION AS WELL AS INVESTIGATION ON BANKING FRAUD IN GLOBAL TRUST BANK .
REFERENCE LINK: http://cmguj.blogspot.com
On account of instructions given by Your Honour way back in May 2004 to Shri Hasmukh Adhia and further follow up instructions given by Shri PankajKumar , Mr. K C Kapoor has had word with Shri Kuldip Sharma and I was asked to get in touch with Shri Kuldip Sharma and which I did by sending email . But for the reasons unknown to me , I have not received any communication .
I am annexing prompt email received from Home Secretary Mr. K C Kapoor and his immediate prompt intructions to Shri Kuldip Sharma and my email to Shri Kuldip Sharma. It appears that there has been no response from Mr. Kuldip Sharma probably because his Secretary has not briefed him or the message has gone unnoticed or forgotten.
I have already discussed the matter with Police Inspector , Shri J M Chaudhary and I have reason to feel that investigation on banking fraud in GTB is taking place at snail's pace and would damage my legal rights irreparably as Oriental Bank of Commerce has given possession notice and has presumably taken over the possession of the immoveable property .
I would appreciate that direct monitoring of follow up action needs to be taken on day to day basis by asking Mr. Chaudhary to conduct inquiry with the bankers by taking me along so as to facilitate investigation of banking fraud with GTB and would enable the Anti Economic Offence wing to carry the investigation efficiently and effectively without any wastage of time
There has been no real head way in progress even when the steps were initiated by Your Office way back in May 2004 and would ultimately tarnish the image of your Honour even when prompt iniatiaves have been taken by Shri Adhia , Shri Pankaj Kumar and Shri Kapoor as the Police authorities lack the commitment to take follow up action.
I have already explained earlier to Shri K C Kapoor that the PSI Mr. Bhagora of Law Garden Police Chowky has failed to take necessary investigation steps even after he took to have my statement given to him on September 12.2004.
This would reflect poorly on the efficiency and effectiveness of the Police department inspite of sincerity, commitment and dedication prevailing at the top .
It has been reported that BJP has alleged Rs 1000 crores public sector IPO scam recently where by common public has lost heavily as referred in the link as under:- http://www.financialexpress.com/fe_full_story.php?content_id=91119
I feel confused and suffocated as to how I should go about communicating my suffocation and anxiety. I do not have funds left to spend on internet connection.
Sir, only you can impart sense of Urgency to the Police . I feel totally impotent as to how I can motivate the Police to do the job efficiently and effectively.
SIR , ONLY ALL OF YOU CAN TAKE UP THE MATTER IN A GENTLE AND SOFT MANNER WITH SHRI KULDIP SHARMA AND /OR SHRI J M CHOUDHARY.
Till then I have nothing but to continue develop patience of trapped -SITA of Ramayana , the way she waited for Rama when she was trapped and conitnue weeping internally . After all we are just ordinary citizens of Gujarat .
Perhaps one day Hanuman would come to cheer me very soon. It all depends on you.Already one year has passed from my first email to your honour.
Yours sincerely,
Pankaj S Mody
Copy marked to Shri PankajKumar.
Sir, only you can impart sense of Urgency to the Police . I feel totally impotent as to how I can motivate the Police to do the job efficiently and effectively.
SIR , ONLY ALL OF YOU CAN TAKE UP THE MATTER IN A GENTLE AND SOFT MANNER WITH SHRI KULDIP SHARMA AND /OR SHRI J M CHOUDHARY.
Till then I have nothing but to continue develop patience of trapped -SITA of Ramayana , the way she waited for Rama when she was trapped and conitnue weeping internally . After all we are just ordinary citizens of Gujarat .
Perhaps one day Hanuman would come to cheer me very soon. It all depends on you.Already one year has passed from my first email to your honour.
Yours sincerely,
Pankaj S Mody
Copy marked to Shri PankajKumar.
to Shri K C KAPOOR
ENCLOSURE OR EMAILS TO SHRI KULDIP SHARMA.
---------- Forwarded message
----------From: pankaj mody <mailto:modyps@gmail.com>Date: May 6, 2005 5:40 AMSubject:
Re: Regarding recent Email from Pshome on investigation in GTB fraud.
Respected Sir,
My heartiest congratulations for being awarded Doctorate to you as reported in the media recently. This is in continuation to my earlier email dated 13th April as annexed here with at the bottom. As regards banking fraud in GTB , I have appeared before Police Inspector , Anti Economic Offence wing in Meghaninagar court and who has been kind enough to record preliminary background under my signature . I have given initial guidelines so that he can make initial inquiries with the GTB bank on CG Road (Now OBC bank) . I would very much appreciate that immediate follow up actions are taken without any delay as the bank has issued possession notice and has probably taken the possession of the bunglow/immoveable property. I have already sent e mail on 5th May 2005 to Oriental Bank of Commerce as appended herewith . In case they fail to give detailed explanation to the queries raised by me , then it would be necessary to seal the immoveable property for further investigation or hold the property in police custody so that further damage can be avoided for various reasons. The text of email sent on 5th may 2005 is being reproduced here for your ready reference as under.However, I am sending a separate copy of this email so that you can personally sent email /fax to make further immediate inquiry. Your direct interrogation to them would yield their prompt reply in this regard.
Thanking you.
Yours sincerely,
Pankaj S Mody .
---------- Forwarded message ----------
---------- Forwarded message ----------
From: pankaj mody <modyps@gmail.com>
Date: May 5, 2005 4:28 PMSubject: ERSTWHILE GLOBAL TRUST BANK ON CG ROAD -AHMEDABAD GIVING FRAUDULENTLY LOAN OF RS 12.5 CRORES TO CORE HEATLH CARE BY CREATING CHARGE ON IMMOVEABLE PROPERTY LOCATED NEAR PARIMAL CROSSING -AHMEDABADTo: rh_ahm@obc.co.in, edp_ahm@obc.co.in, helpahmedabad@rbi.org.in, rbbarman@rbi.org.in, cmd@obc.co.in, akmishra@obc.co.in, dbsahmedabad@rbi.org.inCc: hcguj@guj.nic.in, cvc@alpha.nic.in, pshome@gujarat.gov.in, suchetadalal@yahoo.com, manubhai_cerc@hotmail.com, sg@expressindia.com
TOP PRIORITY
FROM :
PANKAJ S MODY
2ND FLOOR , JANMANGAL APT
40 BMM SOCIETY , PALDI
AHMEDABAD 380 006
EMAIL: modyps@gmail.com
5th May 2005
The Regional Head
1)
ORIENTAL BANK OF COMMERCE
CHANAKAYA, 4TH FLOOR,NEAR DINESH HALL
OFF ASHRAM ROAD
AHMEDABAD
PHONE 26587539,26585830, FAX 26589456
EMAIL: rh_ahm@obc.co.in, edp_ahm@obc.co.in
2) ORIENTAL BANK OF COMMERCE
G-2 SAMEDH, NEAR ASSOCIATED PETROL PUMP
CG ROAD, AHMEDABAD
FAX 91-79-26405597,
PHONE:- 26405595,
SIR,
SUBJECT : GTB BRANCH on CG Road in Ahmedabad extending of term loan of Rs 12.5 crores to Core health care by creating charge on immoveable property under signature of Jatin jalundhwala.
This is in continuation to my email dated 27-12-2004 and the reply dated 16-2-2005 of EGTB –CG Road branch in Ahmedabad given to the undersigned after affixing possession notice dated 31-1-2005 on the immoveable property. Their excuses show the guilty conscience.
From your reply it is clear that the management of OBC is behaving like ostrich sinking its head in the sand so as to turn a blind eye so as to grab illegally the possession of the property by encroaching and trespassing the immoveable property. Your excuse that the matter is sub-judice is to veil illegal acts of grabbing the property.
It is obligatory on the part of management of OBC to maintain clean , ethical transparent and honest approach and I therefore look forward to your detailed reply by email latest by 8 th May 2005 to me as well as to the Honourable Chief Justice of Gujarat High Court (reference email mailto:hcguj@guj.nic.in) especially when GTB has not attended the court proceedings in Gujarat High Court pertaining to the Appeal from order 176/2003. I need to have detailed reply to the various points referred in the enclosure from the management of OBC latest by 8th May 2005 to the various points referred in the ANNEXURE A.
Your failure to do so would construe that you lack conviction about legality of the charge on the immoveable property referred in suit 5827/2001and the management of OBC wants to openly and shamelessly shield Sushil Handa as well as the management of GTB and OBC would be considered as a crook banker for concealing and suppressing vital facts and the bank cannot be trusted to follow standard of ethics.
The present email is a public exposure so that the depositors and the public at large can judge ethical standards on part of OBC . I am giving wide awareness so that depositors can decide whether OBC is also taking route of GTB . Let every one see whether OBC openly blows a whistle or not to expose the scamsters such as Sushil Handa and Ramesh Gelli as well as other colluders promptly or not. This would test the bank's authenticity , conviction, honesty, sincerity and openness.
You shall immediately send a copy of the present email to EGTB branch on CG Road in Ahmedabad by fax as well as the other connected officials in OBC for immediate action as well as report findings to the Honorable Chief Justice of Gujarat High Court .
I reserve my right to draw attention of other additional points. A copy has been marked to Gujarat High Court for drawing the attention of judiciary on account of indifference and lack of transparency from your side.
Kindly acknowledge receipt of my email.
Yours sincerely,
Pankaj S Mody.
ENCLOSURE A
1. At the time of appraisal , GTB officers would have carried out minute verification as part of due diligence exercise as to why Jatin Jalundhwala would want to create charge on immoveable property so that GTB decided extend Rs 12.5 crores to Core Health care especially when it would not derive any benefit to the shareholders of Rupmangalam and Flovin.
2. GTB officers at the time of appraisal as part of due diligence exercise would have carried out search of ROC records by paying search fees with ROC prior to August 1998. They would have further observed that Jatin Jalundhwala had not filed any audited balances sheet pertaining to Rupmangalm Investment Pvt Ltd and Flovin Plastics Pvt Ltd under his signature as director along with the signature of the auditors Kashiparekhs. This due diligence exercise has been deliberately avoided in collusion with each other.
3. GTB officers at the time of appraisal in 1998 would have noticed from ROC records that Dhanyushaya had not submitted any balance sheet which showed that they were the sole shareholders of Rupmanglam and Flovin so as to allow legal directors of Rupmangalam and Flovin to create legal charge on immoveable property . GTB officers as well as OBC management would have such legal knowledge that without concurrence of the legal shareholders it is not possible to create charge on immoveable property. Neither GTB officials nor OBC bank officials can plead ignorance and/or play blind.
4. The GTB management has openly flouted the stay orders passed by the Revenue department of Gujarat Government at the time of creation of charge in August 1998 for Rs 11 crores as evident from the record of right 7/12. The bank documentation furnished in the court proceedings does not show that the stay was lifted by revenue department at the time of creation of charge and this shows that Jatin Jalundhwala had colluded with the management of GTB to create charge on immoveable property illegally as well as fraudulently.
5. It has been standard and prudent practice of any conservative banker to collect the background history by going through the papers such as memorandum of understandings and seek detailed clarification as to when Mr. Jalundhwala has received the documents of ownership from the escrow persons consisting of Hemant Kashiparekh and Saurabh Soparkar along with their written notarized affidavit especially when the amount of loan exceeds Rs 10 crores. This has not been done by the officers of Global Trust Bank at the time of appraisal.
6. GTB officials as well as OBC officials cannot take a stand of ignorance that the presence of any additional director gives an automatic right to the so called additional director to continue beyond next annual general meeting.
7. GTB officials as well as OBC officials would have atleast sense to understand that once the term of additional director expires then such so called additional director after his term as additional director does not have any authority to accept resignation of any director. Neither GTB officials nor OBC officials can plead ignorance to such fundamentals.
8. GTB officials would have known from the court proceedings that Jatin Jalundhwala and Dhanyushaya has failed to furnish various documents to the court commissioner as well as to the Judiciary following documents as referred in para nine of the Appeal from order:- http://www.afo176.blogspot.com/
· Statutory records such as minute book of directors and shareholders of Rupmanglam .
· Share certificates pertaining to Rupmangalam .
· Share transfer forms pertaining to Rupmangalam
· Share Registar of Rupmangalam
· Audited balance sheet from 96 onwards in relation to Rupmangalm along with acknowledgment of income tax returns filed and assessment orders.
· 37I permission from the income tax department in relation to the property owned by Rupmangalam in particular.
· Copy of all documents furnished to the Registrar of companies along with copy of acknowledgment from 31-3-95.
· All correspondence with directors and shareholders .
· All correspondence and documents for availing facility from defendant 4.
· Auditor report for share transfer in respect of shares of Rupmangalam Investment
· Audited balance sheet of defendant 1 from 1996 onwards till date.
9. The management of OBC would furnish a detailed explanation of written arguments furnished by the undersigned to the judiciary so as to impart clarity of facts.
http://mediagtbpsm.blogspot.com/2004/10/written-arguments-presented-by-mr-mody.html
http://mediagtbpsm.blogspot.com/2004/09/text-of-written-arguments-on-17-3-2003.html
10. GTB management at the time of appraisal facilites in 1998 is supposed to have studied Core Health Care balance sheets and is supposed to have observed that a case was filed against for recovery of dues and hence, GTB manangement must not have sanctioned term loan facilities at all to Core Health care Ltd.( Directors report of Core Health care for 96-97 referred that … " One of the lenders also took harsh action by initiating legal proceedings." Oriental Bank of officers ought to have taken criminal action against all the concerned officials of GTB in sanctioning the facilities of Core Healthcare and OBC management cannot be a mute spectator and turn a blind eye . Simultaneously OBC has to take criminal action against directors of Core Health care for colluding with the management of GTB.
11. GTB management of the time of appraisal facilities in 1998 must have observed that Core Healthcare had advanced interest-free loan to Technology Finance having Jatin Jalundhwala as the director of Technology Finance. Any prudent and conservative banker would have questioned the Board of Directors of Core Healthcare as to the reason why they are seeking interest bearing loan from GTB where Jatin Jalundhwala is signatory to creation of charge. This establishes collusion of GTB management with this group that GTB is helping them to siphon the funds to be utilized for the purpose other then those for which the loan was sought to be begged for. It would be apparent from the notice given to Core Healthcare on 12-1-2000 The following internet link shows the details :-
http://corehealthcare.blogspot.com/2004/08/notice-served-to-core-health-care-on.html
The extract of reply given by their advocate A D Shah makes it abundantly clear that that Core Healthcare do not have any valid explanation to offer. The reply extract is in form of a comment beneath the notice.
12. GTB management has not been able to explain in their letter dated 21-10-1999 as to the evidence of transfer of constructed portion of bunglow to Rupmanglam Investment Pvt Ltd claimed to be acquired by Dhanyushya Financial as referred in the letter addressed by Pankaj Mody on 24-7-1999 by producing registered sale deed document of constructed portion of bunglow in favour of Dhanyushya.
13. GTB while creating charge on assets of Rupmanglam and Flovin has not deposited the original title deeds of both the companies as per the particulars of documentation furnished to the judiciary and hence the connected GTB officers as well as Jatin JATIN JALUNDHWALA are liable for criminal action for colluding with each other. Why Oriental Bank of Commerce is not taking criminal action on Jatin Jalundhwala who is front man of Sushil Handa. By subjecting Jatin Jalundhwala to close interrogation before police and /or judiciary , various siphoning of funds by Sushil Handa can be found out as Jalundhwala being key employee of Core Health care.
14. How come GTB management at the time of sanction has not obtained auditors report (Kashiparekhs) in form of affidavit confirming that at the time of alleged transfer of companies that , Jatin Jalundhwala and Ameet Desai were truly holding directorship to accept the so called resignation of various mody family members. GTB has not furnished such evidence inspite of notice dated 21-12-99 by the undersigned.
15. It is necessary that OBC shall furnish detailed vigilance findings to the letter addressed to GTB on 24-7-1999. The same is appended here in the form of link as under:-
http://gtbcore.blogspot.com/2004_07_28_gtbcore_archive.html
16. It is necessary that OBC furnishes a detailed reply to the letter addressed by undersigned on 19-5-2004 as referred in the link as under:-
http://gtbcore.blogspot.com/2004_06_06_gtbcore_archive.html
17. GTB as well as Oriental Bank of Commerce cannot blindly and conveniently accept the so called judicial orders of amalgamation of various companies with Span Medicals. It is supposed to collect and verify all the supporting evidences from Jatin Jalundhwala while recording statement of directors of Span Medicals, Mrs Swati Soparkar –advocate who followed the procedures of amalgamation while taking written joint affidavits from Mr. Jatin Jalundhwala and the escrow persons , Mr. Hemant Kashiparekh and Mr. Saurabh Soparkar. When the officers of Oriental Bank of Commerce fails to take such action inspite of knowledge of court proceedings as well as my correspondence to them , then it clearly means that that the management of OBC is deliberately want to infringe on my rights by illegally encroaching and trespassing the immoveable property. In absence of such minute verification it is not ethical as well as legal to grab the possession of immoveable property on pretext that the same is exclusively owned by so called Span Medicals. This shows collusion of officers of Oriental Bank of Commerce to openly carry the loot.
18. What prevents OBC to take criminal action on Sushil Handa and Jatin Jalundhwala to attend the criminal defamation case 3326/99 launched by Core Health care in light of email to OBC on 27-12-2004 and thereby compel them to arrange other collateral while handing over the possession to the undersigned in light of the email sent to OBC on 27-12-2004.
19. You shall furnish copy of all the documents filed with ROC as regards to Core Health care , Dhanyushya Financial , Rupmangalam, Flovin, Span Medicals from 1996 onwards referring the details of document number and the date of creation of document with ROC.
20. GTB management has not demanded from Dhanyushya and Jalundhwala 37-I permission under Chapter XX- C OF THE Income Tax Act for showing constructed portion of bunglow property in Dhanyushaya which exclusively belonged to Rupmanglam as per the charge documents created and filed with ROC. In absence of 37-I permission the transfer of constructed property to Dhanyushya is void ab initio.
On 4/13/05, pankaj mody <modyps@gmail.com> wrote:
Pankaj S Mody
Janmangal Apartment
2nd Floor
40 Brahaman Mitra mandal Society
Ahmedabad 380 006
Email modyps@gmail.com
psmody@yahoo.com
dated 13th April 2005
For the Kind attention of Shri Kuldip Sharma.
Respected Sir,
I am advised by Shri K C Kapoor to get in touch with you.
Earlier I had received a letter from the Police Inspector, Detective – Mr . J M Choudhary vide his letter date 14-3-2005 Anti Economic Offence Wing, Detective , CID crime at Meghaninagar to meet him . It appears that he is busy since last few days and hence , I have not been able to sit with him and explain various annexures.. I am waiting for his response. I have been asked to get in touch with him today evening.His phone number is 22684978, 22683919,
Kindly advise me where and when I get in touch with you or the person working under you so that investigation can be conducted speedily.
(a) as to who would attend the matter urgently for details. Whether Mr. Choudhary or some one else who can spare time. I would prefer to sit with some one in ahmedabad so as to save time as I am attending the matter singlehandedly.
(b) secondly, it is necessary to call for official detailed reply from Department of Banking Supervision of Reserve Bank of India in Hyderabad , New Delhi and Ahmedabad as regards to the emails sent to them from time to time .
Most of the emails have been archived on my blogsite as under.
http://www.reservebankofindiaongtb.blogspot.com/
To start with it may be good idea to obtain detailed reply to the email sent to the Department of Banking Supervision recently as annexed herewith.
I look forward to your kind reply and in the mean time , I am working on sending additional details so that you can take print at your end to get glimpse of some communication in this regard. Till then I would very much appreciate that you would be kind enough to bear with me.
As I am staying with my old parents in Paldi area and the details of the matter are not discussed with him for various reasons kindly keep the matter in confidence without disturbing them at the moment .
Thanking You.
Yours sincerely,
Pankaj S Mody
On 4/13/05, K.C.Kapoor <mailto:pshome@gujarat.gov.in> wrote:
Dear Mr. Mody,
I acknowledge receipt of your e-mail. I have spoken to the Addl.Director General of Police (Crime & Railways) Shri Kuldip Sharma. You may get in touch with him on his e-mail address cor-crime@gujarat.gov.in
Yours faithfully,
K.C. Kapoor
----- Original Message -----
From: pankaj mody
To: pshome@gujarat.gov.in
Sent: Wednesday, April 13, 2005 2:03 PM
Subject: Enclosure of recent email sent to Dept of Banking Supervision in relation to investigation on GTB fraud
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 <mailto: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
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
...[Message clipped]
FROM :
PANKAJ S MODY
2ND FLOOR , JANMANGAL APT
40 BMM SOCIETY , PALDI
AHMEDABAD 380 006
EMAIL: modyps@gmail.com
5th May 2005
The Regional Head
1)
ORIENTAL BANK OF COMMERCE
CHANAKAYA, 4TH FLOOR,NEAR DINESH HALL
OFF ASHRAM ROAD
AHMEDABAD
PHONE 26587539,26585830, FAX 26589456
EMAIL: rh_ahm@obc.co.in, edp_ahm@obc.co.in
2) ORIENTAL BANK OF COMMERCE
G-2 SAMEDH, NEAR ASSOCIATED PETROL PUMP
CG ROAD, AHMEDABAD
FAX 91-79-26405597,
PHONE:- 26405595,
SIR,
SUBJECT : GTB BRANCH on CG Road in Ahmedabad extending of term loan of Rs 12.5 crores to Core health care by creating charge on immoveable property under signature of Jatin jalundhwala.
This is in continuation to my email dated 27-12-2004 and the reply dated 16-2-2005 of EGTB –CG Road branch in Ahmedabad given to the undersigned after affixing possession notice dated 31-1-2005 on the immoveable property. Their excuses show the guilty conscience.
From your reply it is clear that the management of OBC is behaving like ostrich sinking its head in the sand so as to turn a blind eye so as to grab illegally the possession of the property by encroaching and trespassing the immoveable property. Your excuse that the matter is sub-judice is to veil illegal acts of grabbing the property.
It is obligatory on the part of management of OBC to maintain clean , ethical transparent and honest approach and I therefore look forward to your detailed reply by email latest by 8 th May 2005 to me as well as to the Honourable Chief Justice of Gujarat High Court (reference email mailto:hcguj@guj.nic.in) especially when GTB has not attended the court proceedings in Gujarat High Court pertaining to the Appeal from order 176/2003. I need to have detailed reply to the various points referred in the enclosure from the management of OBC latest by 8th May 2005 to the various points referred in the ANNEXURE A.
Your failure to do so would construe that you lack conviction about legality of the charge on the immoveable property referred in suit 5827/2001and the management of OBC wants to openly and shamelessly shield Sushil Handa as well as the management of GTB and OBC would be considered as a crook banker for concealing and suppressing vital facts and the bank cannot be trusted to follow standard of ethics.
The present email is a public exposure so that the depositors and the public at large can judge ethical standards on part of OBC . I am giving wide awareness so that depositors can decide whether OBC is also taking route of GTB . Let every one see whether OBC openly blows a whistle or not to expose the scamsters such as Sushil Handa and Ramesh Gelli as well as other colluders promptly or not. This would test the bank's authenticity , conviction, honesty, sincerity and openness.
You shall immediately send a copy of the present email to EGTB branch on CG Road in Ahmedabad by fax as well as the other connected officials in OBC for immediate action as well as report findings to the Honorable Chief Justice of Gujarat High Court .
I reserve my right to draw attention of other additional points. A copy has been marked to Gujarat High Court for drawing the attention of judiciary on account of indifference and lack of transparency from your side.
Kindly acknowledge receipt of my email.
Yours sincerely,
Pankaj S Mody.
ENCLOSURE A
1. At the time of appraisal , GTB officers would have carried out minute verification as part of due diligence exercise as to why Jatin Jalundhwala would want to create charge on immoveable property so that GTB decided extend Rs 12.5 crores to Core Health care especially when it would not derive any benefit to the shareholders of Rupmangalam and Flovin.
2. GTB officers at the time of appraisal as part of due diligence exercise would have carried out search of ROC records by paying search fees with ROC prior to August 1998. They would have further observed that Jatin Jalundhwala had not filed any audited balances sheet pertaining to Rupmangalm Investment Pvt Ltd and Flovin Plastics Pvt Ltd under his signature as director along with the signature of the auditors Kashiparekhs. This due diligence exercise has been deliberately avoided in collusion with each other.
3. GTB officers at the time of appraisal in 1998 would have noticed from ROC records that Dhanyushaya had not submitted any balance sheet which showed that they were the sole shareholders of Rupmanglam and Flovin so as to allow legal directors of Rupmangalam and Flovin to create legal charge on immoveable property . GTB officers as well as OBC management would have such legal knowledge that without concurrence of the legal shareholders it is not possible to create charge on immoveable property. Neither GTB officials nor OBC bank officials can plead ignorance and/or play blind.
4. The GTB management has openly flouted the stay orders passed by the Revenue department of Gujarat Government at the time of creation of charge in August 1998 for Rs 11 crores as evident from the record of right 7/12. The bank documentation furnished in the court proceedings does not show that the stay was lifted by revenue department at the time of creation of charge and this shows that Jatin Jalundhwala had colluded with the management of GTB to create charge on immoveable property illegally as well as fraudulently.
5. It has been standard and prudent practice of any conservative banker to collect the background history by going through the papers such as memorandum of understandings and seek detailed clarification as to when Mr. Jalundhwala has received the documents of ownership from the escrow persons consisting of Hemant Kashiparekh and Saurabh Soparkar along with their written notarized affidavit especially when the amount of loan exceeds Rs 10 crores. This has not been done by the officers of Global Trust Bank at the time of appraisal.
6. GTB officials as well as OBC officials cannot take a stand of ignorance that the presence of any additional director gives an automatic right to the so called additional director to continue beyond next annual general meeting.
7. GTB officials as well as OBC officials would have atleast sense to understand that once the term of additional director expires then such so called additional director after his term as additional director does not have any authority to accept resignation of any director. Neither GTB officials nor OBC officials can plead ignorance to such fundamentals.
8. GTB officials would have known from the court proceedings that Jatin Jalundhwala and Dhanyushaya has failed to furnish various documents to the court commissioner as well as to the Judiciary following documents as referred in para nine of the Appeal from order:- http://www.afo176.blogspot.com/
· Statutory records such as minute book of directors and shareholders of Rupmanglam .
· Share certificates pertaining to Rupmangalam .
· Share transfer forms pertaining to Rupmangalam
· Share Registar of Rupmangalam
· Audited balance sheet from 96 onwards in relation to Rupmangalm along with acknowledgment of income tax returns filed and assessment orders.
· 37I permission from the income tax department in relation to the property owned by Rupmangalam in particular.
· Copy of all documents furnished to the Registrar of companies along with copy of acknowledgment from 31-3-95.
· All correspondence with directors and shareholders .
· All correspondence and documents for availing facility from defendant 4.
· Auditor report for share transfer in respect of shares of Rupmangalam Investment
· Audited balance sheet of defendant 1 from 1996 onwards till date.
9. The management of OBC would furnish a detailed explanation of written arguments furnished by the undersigned to the judiciary so as to impart clarity of facts.
http://mediagtbpsm.blogspot.com/2004/10/written-arguments-presented-by-mr-mody.html
http://mediagtbpsm.blogspot.com/2004/09/text-of-written-arguments-on-17-3-2003.html
10. GTB management at the time of appraisal facilites in 1998 is supposed to have studied Core Health Care balance sheets and is supposed to have observed that a case was filed against for recovery of dues and hence, GTB manangement must not have sanctioned term loan facilities at all to Core Health care Ltd.( Directors report of Core Health care for 96-97 referred that … " One of the lenders also took harsh action by initiating legal proceedings." Oriental Bank of officers ought to have taken criminal action against all the concerned officials of GTB in sanctioning the facilities of Core Healthcare and OBC management cannot be a mute spectator and turn a blind eye . Simultaneously OBC has to take criminal action against directors of Core Health care for colluding with the management of GTB.
11. GTB management of the time of appraisal facilities in 1998 must have observed that Core Healthcare had advanced interest-free loan to Technology Finance having Jatin Jalundhwala as the director of Technology Finance. Any prudent and conservative banker would have questioned the Board of Directors of Core Healthcare as to the reason why they are seeking interest bearing loan from GTB where Jatin Jalundhwala is signatory to creation of charge. This establishes collusion of GTB management with this group that GTB is helping them to siphon the funds to be utilized for the purpose other then those for which the loan was sought to be begged for. It would be apparent from the notice given to Core Healthcare on 12-1-2000 The following internet link shows the details :-
http://corehealthcare.blogspot.com/2004/08/notice-served-to-core-health-care-on.html
The extract of reply given by their advocate A D Shah makes it abundantly clear that that Core Healthcare do not have any valid explanation to offer. The reply extract is in form of a comment beneath the notice.
12. GTB management has not been able to explain in their letter dated 21-10-1999 as to the evidence of transfer of constructed portion of bunglow to Rupmanglam Investment Pvt Ltd claimed to be acquired by Dhanyushya Financial as referred in the letter addressed by Pankaj Mody on 24-7-1999 by producing registered sale deed document of constructed portion of bunglow in favour of Dhanyushya.
13. GTB while creating charge on assets of Rupmanglam and Flovin has not deposited the original title deeds of both the companies as per the particulars of documentation furnished to the judiciary and hence the connected GTB officers as well as Jatin JATIN JALUNDHWALA are liable for criminal action for colluding with each other. Why Oriental Bank of Commerce is not taking criminal action on Jatin Jalundhwala who is front man of Sushil Handa. By subjecting Jatin Jalundhwala to close interrogation before police and /or judiciary , various siphoning of funds by Sushil Handa can be found out as Jalundhwala being key employee of Core Health care.
14. How come GTB management at the time of sanction has not obtained auditors report (Kashiparekhs) in form of affidavit confirming that at the time of alleged transfer of companies that , Jatin Jalundhwala and Ameet Desai were truly holding directorship to accept the so called resignation of various mody family members. GTB has not furnished such evidence inspite of notice dated 21-12-99 by the undersigned.
15. It is necessary that OBC shall furnish detailed vigilance findings to the letter addressed to GTB on 24-7-1999. The same is appended here in the form of link as under:-
http://gtbcore.blogspot.com/2004_07_28_gtbcore_archive.html
16. It is necessary that OBC furnishes a detailed reply to the letter addressed by undersigned on 19-5-2004 as referred in the link as under:-
http://gtbcore.blogspot.com/2004_06_06_gtbcore_archive.html
17. GTB as well as Oriental Bank of Commerce cannot blindly and conveniently accept the so called judicial orders of amalgamation of various companies with Span Medicals. It is supposed to collect and verify all the supporting evidences from Jatin Jalundhwala while recording statement of directors of Span Medicals, Mrs Swati Soparkar –advocate who followed the procedures of amalgamation while taking written joint affidavits from Mr. Jatin Jalundhwala and the escrow persons , Mr. Hemant Kashiparekh and Mr. Saurabh Soparkar. When the officers of Oriental Bank of Commerce fails to take such action inspite of knowledge of court proceedings as well as my correspondence to them , then it clearly means that that the management of OBC is deliberately want to infringe on my rights by illegally encroaching and trespassing the immoveable property. In absence of such minute verification it is not ethical as well as legal to grab the possession of immoveable property on pretext that the same is exclusively owned by so called Span Medicals. This shows collusion of officers of Oriental Bank of Commerce to openly carry the loot.
18. What prevents OBC to take criminal action on Sushil Handa and Jatin Jalundhwala to attend the criminal defamation case 3326/99 launched by Core Health care in light of email to OBC on 27-12-2004 and thereby compel them to arrange other collateral while handing over the possession to the undersigned in light of the email sent to OBC on 27-12-2004.
19. You shall furnish copy of all the documents filed with ROC as regards to Core Health care , Dhanyushya Financial , Rupmangalam, Flovin, Span Medicals from 1996 onwards referring the details of document number and the date of creation of document with ROC.
20. GTB management has not demanded from Dhanyushya and Jalundhwala 37-I permission under Chapter XX- C OF THE Income Tax Act for showing constructed portion of bunglow property in Dhanyushaya which exclusively belonged to Rupmanglam as per the charge documents created and filed with ROC. In absence of 37-I permission the transfer of constructed property to Dhanyushya is void ab initio.
On 4/13/05, pankaj mody <modyps@gmail.com> wrote:
Pankaj S Mody
Janmangal Apartment
2nd Floor
40 Brahaman Mitra mandal Society
Ahmedabad 380 006
Email modyps@gmail.com
psmody@yahoo.com
dated 13th April 2005
For the Kind attention of Shri Kuldip Sharma.
Respected Sir,
I am advised by Shri K C Kapoor to get in touch with you.
Earlier I had received a letter from the Police Inspector, Detective – Mr . J M Choudhary vide his letter date 14-3-2005 Anti Economic Offence Wing, Detective , CID crime at Meghaninagar to meet him . It appears that he is busy since last few days and hence , I have not been able to sit with him and explain various annexures.. I am waiting for his response. I have been asked to get in touch with him today evening.His phone number is 22684978, 22683919,
Kindly advise me where and when I get in touch with you or the person working under you so that investigation can be conducted speedily.
(a) as to who would attend the matter urgently for details. Whether Mr. Choudhary or some one else who can spare time. I would prefer to sit with some one in ahmedabad so as to save time as I am attending the matter singlehandedly.
(b) secondly, it is necessary to call for official detailed reply from Department of Banking Supervision of Reserve Bank of India in Hyderabad , New Delhi and Ahmedabad as regards to the emails sent to them from time to time .
Most of the emails have been archived on my blogsite as under.
http://www.reservebankofindiaongtb.blogspot.com/
To start with it may be good idea to obtain detailed reply to the email sent to the Department of Banking Supervision recently as annexed herewith.
I look forward to your kind reply and in the mean time , I am working on sending additional details so that you can take print at your end to get glimpse of some communication in this regard. Till then I would very much appreciate that you would be kind enough to bear with me.
As I am staying with my old parents in Paldi area and the details of the matter are not discussed with him for various reasons kindly keep the matter in confidence without disturbing them at the moment .
Thanking You.
Yours sincerely,
Pankaj S Mody
On 4/13/05, K.C.Kapoor <mailto:pshome@gujarat.gov.in> wrote:
Dear Mr. Mody,
I acknowledge receipt of your e-mail. I have spoken to the Addl.Director General of Police (Crime & Railways) Shri Kuldip Sharma. You may get in touch with him on his e-mail address cor-crime@gujarat.gov.in
Yours faithfully,
K.C. Kapoor
----- Original Message -----
From: pankaj mody
To: pshome@gujarat.gov.in
Sent: Wednesday, April 13, 2005 2:03 PM
Subject: Enclosure of recent email sent to Dept of Banking Supervision in relation to investigation on GTB fraud
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 <mailto: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
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
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posted by WHISTLE @ 1:00 AM
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