email to shri kapoor on June 15 , 2005

pankaj mody
urgent humble appeal of need for evidences/statement from GTB/jalundhwala collected by shri chaudhary for submissions to high court to avoid further tampering of evidences
pankaj mody
Wed, Jun 15, 2005 at 8:33 PM
Reply-To: pankaj mody
To: secinb@gujarat.gov.in, "K.C.Kapoor"
Bcc: modypan4@yahoo.co.in, psmody@yahoo.com

MOST URGENT TO DRAW THE ATTENTION OF GUJARAT HIGH COURT



To The Additional Principal Secretary to the Honorable Chief Minister of Gujarat
secinb@gujarat.gov.in

To THE HOME SECRETARY ,GOVERNMENT OF GUJARAT
pshome@gujarat.gov.in


RESPECTED SIR,

your reference: as per the attachment letter from you on 28-2-05
URGENT NEED FOR SUBMISSIONS TO THE GUJARAT HIGH COURT IN LIGHT OF MY LETTER ADDRESSED TO SHRI J M CHAUDHYARY
ON 26-5-2005 AND 4-6-2005 IN RELATION TO BANKING FRAUD OF GTB OF RS 12.5 CRORES BY JALUNDHWALA IN COLLUSION
WITH BANK OFFICERS



1. Till date the Police commissioner's office has not made any arrangement for protecting informant cum whistleblower like the undersigned inspite of instructions being issued by Shri Pankajkumar as well as Home Department and by Shri J M Chaudhary, Police Inspector of Economic Offence Wing.
2. I would also like to inform that inspite of my email sent to the local branch of ersthwhile Global Trust Bank as well as to the senior managment of GTB as adduced herewith , till date , they have failed to furnish a areply to me backed by documentary evidences . The copy of email was sent to the Crime department so that they can take prompt action in the matter to make independent inquiries on their own to prevent further tampering of evidence by the bankers ,etc.
3. I had earlier sent letters dated 26-5-05 and 4-6-05 to Shri J M Chaudhary , Police Inspector, Detective of Economic Offence Wing and I was informed in person that he has sent report findings to his superiors while I find veil of secrecy where no information and documentary evidence is being shared with me. I FEEL THAT , i AM BEING DEPRIVED OF MY NATURAL JUSTICE.


4. As the time is the essence to prevent further tampering of evidence and as I need to bring it to the knowledge of Honorable Lordship of Gujarat HIgh Court immediately , I need to have copy of documentary evidences , recording of statement pursuant to my letter dated 26-5-2005 and 4-6-2005. In case the police department fails to furnish such detailed information by tomorrow six pm on 16th June 2005 , then it would be construed that the police department is extending favour to the erstwhile GTB as well as Sushil Handa.
5. I do know that Sushil Handa and his associates because of various connections and money power can exert UNDUE pressure and influence on the Police so that he can get away scot free and your orders do not carry any impact on the Police as apparent that the instructions of extending protection to the undersigned has been side tracked for so long .
6. For a small sum of Rs eight lakhs , Mr. Jatin Jalundhwala could hold me on police remand within two weeks of the complaint with Navarangpura Police station but nothing happens to Jalundhwala, GTB as well as Sushil Handa for so long even when they have defrauded the bank to the tune of Rs 12.5 crores.
7. I am sorry to say that I have lost faith in the administration of Police for their lack of transparency as well as lack of eagerness to catch Sushil Handa as well as managment of GTB.
8. IT IS ILLUSION TO EXPECT ANY GENUINE SUPPORT FROM THE ADMINISTRATION OF GOVERNMENT OF GUJARAT INSPITE OF YOUR support AS WELL AS from THE TOP TEAM OF GOVERNMENT OF GUJARAT TO DO SO.
9. SIR, my family has been destroyed and disintegrated as the Police authorities work for the crooks and scoundrels ( because they can buy Police through advocates and exert influence on metropolitan court and I do not know where to turn for any genuine support. A whistle blower of banking fraud HAS no place in the society nor DOES THE GOVERNMENT WANT TO APPRECIATE THE COURAGEOUS AND BOLD ACTS OF SUCH PERSONS. DO WE THE CITIZENS HAVE TO LIVE AND FEAR ON ACCOUNT OF INEFFICIENCY AS WELL AS LACK OF TRANSPARENCY AND SHARE THE RISK BURDEN FOR SO LONG !!!

I sincerly hope that the Police authorities furnishes necessary documentary evidences as well as recording of statement latest by evening by six pm of 16th June 2005 to me as well as Gujarat High Court ( hcguj@guj.nic.in) simultaneously to prevent further tampering of evidence.

Thanking you.

Yours most respectfully,

Pankaj S Mody
copy of letters to J M CHAUDHARY


Pankaj S Mody
Janmangal Flat
40 Brhaman Mitra Manda Society
Ahmedabad 380 006

26-05-2005


The Police Inpsector ,
Anti Economic Offence Wing
Meghaninagar , Ahmeedabad

Respected Sir,

For the Kind attention of Shri J M Chaudhary

Subject :- In connection of Banking fraud pertaining to GTB in relation to my email to the Honorable Chief Minister of Gujarat from time to time.
==============================================================

This is in connnection with the interrgation on 25-5-2005 at short notice with constraisnt of time and my inability to respond and explain all the points on account of constrainst of time .

To faciltiate invesztigation , I am furnishing some priame facie pointers which lead to fraudulent creation of charge of Rs 12.5 crores in light of infroamtion as under:-
(a) That GTB has failed to furnish documetnarty evidence as to how Mr. Jatin Jalundhwala and Mr. Ameet Sesai continue as directors pf Rupmanglam Investment Private Ltd after EXPIRY OF TERM AS ADDITIONAL DIRECTOR .GTB has failed to furnish any search reprot from ROC that the additional directorship of Jalundhwala and Desai stands renewed with written consent of Mody family directors and GTB management cannot plead ignorance that they do not know about such basic understanding while sanctioning facility.
(b) The copy of title deed register furnished to the court commisssioner and the memorandum of entry furnished to the undersigned does not reflect any supporting doucmentary evidence that Mody family members have CEASED TO be directors of Rupmnglam Investment Pvt Ltd.
(c) The copy of title deeds registar and Memrandum of Entry furnished by GTB does not reflect ANY supporting evidence that Jatin Jalundhwala and Ameet Desai are SOLE, EXCLUSIVE directors of Rupmanglam Invewstment Pvt Ltd.
(d) That GTB has failed to include certificate from the auditors of Rupmanglam (Kashipraekhs ) that Ameet Desai and Jatin Jalundhwala are the SOLE Directors of Rupmanglam to create charge on immoveable property of Rupmanglam.
(e) That GTB has failed to furnish their internal appraisal report showing documentary evidence that Dhanyusha Financial , Jalundhwala and Core Health Care has received written confirmation from the ESCROW PERSONS CONSISTING OF Soparkar and Kashiparekh (as referred in the MOU ) that they have officially have handed over simultaneously all the documents as well as physical possession after obtaining no objection certificate from various mody family members including Pankaj Mody.
(f) That GTB has failed to obtain concurrence from the auditors of Rupmangalam that Jalundhwala has all necessary authority and power to create charge on behalf of Legal shareholders and legal directors of Rupmangalam Investment Pvt ltd and such concurrence is not reflected in the tittle deeds register furnished by GTB to the court commissioner and the same is not reflected in copy of memorandum of entry furnished to Pankaj Mody .
(g) That GTB has failed to show any docuemtnary evidence in title deeds registar as well as Memorandum of entry that the stay of Revenue department has been lifted.
(h) That GTB has failed to depost original sale document in favour of Shri Parbhulal Bhikhabhai Shah with the authorities while creating charge of Rupmangalm and Flovin.
(i) That GTB at the time of creation of charge has failed to adduce (i) sale deed document between Rupmnaglam and Dhanyuhsya that constructed portion of bunglow exclusively belonging to Rupmangalm has been sold to Dhanyushya (ii) sale deed document between Rupmanglam and Flovin that constructed portion of bunglow exclusively belonging to Rupmangalm has been sold to Flovin.
(j) That GTB has failed to furnish documentary evidence that GTB HAS thorougly and minutely verified own their own that Span Meidcals is the sole and exclusive legal owners of Final Plot 768/10 instead of blindly believing on any certificates.
(k) That GTB has failed to give any reasoing as why the sanction of lona was enhanced from Rs 11 crores to Rs 12.5 crores within six months.
(l) That GTB has failed to give reasons as to why they chose to give loan to Core Healthcare especially when the balance sheet of Core Health care depicted that one another bank had filed case agaisn t Core health care and the Core health care was already facing liquidity problenms.
(m) That GTB has failed to give any explantion as to the reason why they wanted to extend facility to Core Healthcare with support of Jalundhwala when Core Healthc are extended approximately Rs 39 crores non-interst bearing loan to its subsidiary Technology Fiannce with Jalundhwala as its director .
(n) That GTB and OBC has failed to prove the legality of creation of charge by compelling Core healthcare and Jalundhwala and GTB officals to adduce necessary evidence in the criminal defamation case 3326/99 in light of correspondence from time to time.
(o) That GTB has not furnished detailed internal findings and written statements in light of letter addressed to them on 24-7-99

The additional details of banking fraud can be revealed once they give documenary evidences as well as reply to various letters and emails from time to time to GTB .

I shall refer additional issues in a separte correspondence .

Thanking You.

Yours most respectfully,


Pankaj S Mody




===========================


Pankaj S Mody
Janmangal Flat
40 Brhaman Mitra Manda Society
Ahmedabad 380 006

04-06-2005


The Police Inspector ,
Anti Economic Offence Wing
Meghaninagar , Ahmedabad

Respected Sir,

For the Kind attention of Shri J M Chaudhary

Subject :- In connection of Banking fraud pertaining to GTB in relation to my email to the Honorable Chief Minister of Gujarat from time to time


This is further to my letter addressed to you on 26-5-2005 so as to enable you to systematically investigate the fraudulent acts of Jatin Jalundhwala in collusion with bankers and others. In my letter addressed on 26-5-2005 , I dealt interrogation to be carried out on GTB officials.

It is necessary to call for detailed reply from Jatin Jalundhwala as under as he has launched criminal case against the undersigned:-

a) He is called upon to narrate in detail as to when he obtained various documents from the escrow persons which enabled him to justify control of the companies called Rupmangalam and Flovin and written confirmation from the escrow persons specifying the dates when they gave various documents so that Jalundhwala can claim ownership of the companies called Rupmangalam Investment Pvt Ltd and Flovin Plastics Pvt Ltd.

b) He is called upon to furnish a ROC certified copy of document Form 32 filed with ROC showing that additional directorship has been renewed after the expiry of his term as additional directorship in case of Rupmaglam Investment Pvt Ltd along with the details of filing fees of ROC.

c) His own reply to the reply given by K V Shelat on 18-1-99 and 1-2-99 pursuant to the notice given by Dhanyushya through A D Shah.


d) He is called upon to explain in his own words as to why he arranged guarantee for Core Health care through Rupmangalam Investment Pvt Ltd and Flovin Plastics Pvt Ltd.and his correspondence with GTB in this regard .

e) His own reply to the letter addressed to vigilance department on 24-7-99 of GTB
.
f) His correspondence with Hemant kashiparekh pursuant to the letter to Hemant Kashiparekh on 29-7-99 and detailed reply of Kashiparekh.

g) His own correspondence with the escrow persons consisting of Saurabh Soparkar and Hemant Kashiparekh from time to time and their reply to him.

h) In his own words as to how amalagamation of Rupmangalam and Flovin Plastics was carried out with Span Medicals , why it was carried out and who filed the necessary application on behalf of the companies to the High court.

i) His own reply as to why he has failed to furnish details to the court commissioner on 10-1-2002 especially when the office of Span Medicals when the office of Span Medicals was adjacent to the office of Core Health care .


j) He is called upon to furnish documentary evidences called for in the civil suit 5827/2001 which were referred in appeal from order 176/2003.

k) His own recorded statement as to why he chose to remain absent in the civil revision application 25 and 26/2002 or not engage advocate.

l) His own recorded statement as to why he delayed giving reply to the city civil court by April 26, 2002 as bhadra court was working on that day.

m) His own reply to the written arguments submitted on 11-3-2003 and 17-3-2003 to the city civil court.

n) His detailed reply to the appeal from order 176/2003.

o) His own comments to the reply given by A D Shah pursuant to the notice given to Core Healthcare on 12-1-2000.

p) To get copy of all documents filed with Registar of companies pertaining to Rupmangalam , Flovin, Dhanyushya , Core Health care , Span Medicals, Technology Finance from 1-4-1995 onwards from Jalundhwala.


q) To get copies of all sanction papers of term loan of Rs 11 crores as referred in court commissioner report.

r) In case he and Ameet Desai were sole directors of Flovin Plastics Pvt Ltd , why did he and Desai not route payment through Flovin Plastics account with Textiles Traders account to Bank of India from April 1997 onwards as referred in reply given by Ashok D Shah.

s) Why it was necessary for Jatin to subject for police remand for a paltry sum of Rs eight lakhs when you have been generous in giving term loan of Rs 12.5 crores to Core Health care and have not taken legal action against Core Health care and their directors. This is nothing but penny wise and pound foolish.

t) It is necessary to collect details about location of Ameet Desai. Perhaps he is working with Ranbaxy Ltd and he is in New Delhi.


u) Jalundhwla is called upon to furnish audited balance sheet of Dhanyushya which shows that all the shares of Mody family are transferred simultaneously to Dhanyushya .

v) What was the reason for accepting alleged resignation in September 1996 in case of Rupmanglam when Dhanyushya had grievance against the directors of Flovin as apparent from the notice ON October 14 1998.


w) Why did you not vent out grievances to the escrow persons at the time of taking delivery of shares belonging to Himanshu Mody and Suresh Mody family family in 1998 where by you had to lodge criminal case against the directors of Flovin.

x) Jalundhwala is called upon to furnish a copy of the bank sanction letter for term loan of Rs 11.00 crores as referred in the court commissioner report in January 2002.

As Core Health care has defaulted on term loan of Rs 12.5 crores loan , it is necessary to subject Jatin Jalundhwala RUTHLESS interrogation to detect banking fraud by producing him before the metropolitan court so that he can be cross examined by my representative as I have been humiliated and has been cause for disrupting my family life by causing terror during the police remand.

I most humbly request you that you that you refrain from maintaining a soft and lenient approach while interrogating Jatin Jalundhwala and the banking officials of Oriental Bank of Commerce in case they exert pressure through their vast contacts.

I would very much appreciate that Jatin Jalundhwala statements and documentary evidences are available to me immediately on receipt of this letter because the next due date of hearing is fixed for hearing on 15-6-2005 in criminal defamation case 3326/1999 launched by Core Health care.

It is necessary that Sushil Handa , Jatin Jalundhwala and the officials of Global Trust Bank are compelled to appear in the Metropolitan Court on 15-6-2005 the proceedings of criminal defamation case 3326/1999

I most humbly request you that you would be kind enough to give copy of detailed replies and documentary evidences from Jatin Jalundhwala , Banking officials as well as my brother Himanshu well in advance so that I can give a reply after going through the papers while respecting your time constraints. You would be kind enough to appreciate that it is impossible for me to give reply in the form of questions raised by you where the answer is expected immediately from the undersigned which deprives me to present connected information creating confusion, misinterpretation.

I understand from your brief verbal comment that my brother has avoided presence of of escrow persons consisting of Hemant Kashiparekh and Saurabh Soparkar and so also my father Shri Suresh Mody has not referred while taking their reply. Kindly seek their clarification and furnish a copy of their reply before I raised additional issues.

I would like to draw your attention that till date no one has come forward from the Police Commissioner's office or Navrangpura Police station to arrange for my protection inspite of your intimation to them around 18 th May 2005. It appears that no one is really bothered in protecting a person during investigation inspite of directions given from the top.

Only after receipt of this information , I would be able to make my detailed additional comments.

Thanking you.

Yours sincerely,

Pankaj S Mody













FROM pANKAJ

For the kind attention Shri Kuldip Sharma

RESPECTED SIR,


This is in reference to the email sent to Ms Vidya Rudra of ertstwhile Global Trust Bank. Inspite of my email to her she
has failed in giving a detailed reply backed by necessary documentary evidences.
Her silence shows that the charge created on the immoveable property was done fraudulently.

This is for your information and prompt further action onthe them and the persons involved.

Thanking you.

Yours sincerely, ---------- Forwarded message ----------From: pankaj mody <modyps@gmail.com>Date: Jun 8, 2005 4:51 PM Subject: Fwd: 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: Kuldip sharma < cor-crime@gujarat.gov.in>, "K.C.Kapoor" <pshome@gujarat.gov.in>, secinb@gujarat.gov.in

From Pankaj S Mody
40 Brahman Mitra Mandal Society
Paldi , Ahmedabad 380 006

8th June 2005




For the kind attention of Shri Kudip Sharma

Respected Sir,
I have sent email to Ms Vidya Rudra yesterday . She is looking after the CG Road branch of erstwhile Global Trust Bank. The communication sent to her has been sent to Chairman and Managing director of Oriental bank of Commerce .

I humbly request you that your office immediately sends direct email so that it starts creating necessary impact and they would be forced to take the matter seriously and besides this would speed up the investigation . I would very much appreciate that some one from your office goes down to the bank's office to obtain recorded statement in light of the email as well as the additional points referred in my letter addressed to Shri Chaudhary.

In case they are not able to give satisfactory reply backed by documentary evidence then you can start taking appropriate legal action against the bankers as well as Jatin Jalundhwala and their associates immediately while holding the immoveable property under police custody pending investigation and interrogation .

I have not received any acknowledgment from them till date meaning that they have have tacitly accepted that the creation of charge is fraudulent.

You would appreciate that that they cannot be allowed to hold the possession of property on pretext of creation of charge which is fraudulent when they are unable to give a satisfactory reply backed by necessary documentary evidences .


I do hope that Economic Offence wing has started making inquiry on GTB as well as Jatin Jalundhwala on the basis of letters addressed to Shri J M Chaudhary by the undersigned. I hope to receive the feedback from them so that I can make my comments for further investigation on them.

Additional points would be raised subsequently by the undersigned.

Your support in the investigation would be very much appreciated.

I sincerely hope that in next three to four days their detailed reply is obtained and furnished to me for my further reaction.

Thanking you.


Yours most respectfully,

Pankaj S Mody
---------- Forwarded message ----------From: pankaj mody < modyps@gmail.com>Date: Jun 8, 2005 4:46 PMSubject: Fwd: 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 -AHMEDABAD
To: cmd@obc.co.in, akmishra@obc.co.in, rh_ahm@obc.co.in, edp_ahm@obc.co.in , vidya.rudra@obcmail.co.inCc: dbsahmedabad@rbi.org.in, dbshyderabad@rbi.org.in , dbsnewdelhi@rbi.org.in, sucheta dalal <suchetadalal@yahoo.com>
The CHAIRMAN AND MANAGING DIRECTOR
ORIENTAL BANK OF COMMERCE
NEW DELHI
cmd@obc.co.in,

A K MISHRA , GENERAL MANAGER,
ORIENTAL BANK OF COMMERCE
NEW DELHI
akmishra@obc.co.in


THE REGIONAl HEAD
ORIETNAL BANK OF COMMERCE
CHANYKYA , 4TH FLOOR ,NEAR DINESH HALL
OFF ASHRAM ROAD
PHONE 26587539, 26585830, FAX -26589456
rh_ahm@obc.co.in, edp_ahm@obc.co.in


Sir,


I am annexing email sent to Ms. VIDYA RUDRA , ERSTWHILE GTB BRANCH AT CG ROAD , AHMEDABAD for your reference and information.

Your silence confirms that the creation of charge was illegal and fraudulent and you are accepting that you have encroaching the property illegally.

I am passing on the information to various investigating agencies other than Reserve Bank of India on account of your indifference and lack of transparency.

Please note that she has also maintained silence meaning that she accepts that she does not have any defense and she accepts that the possession notice given was illegal and also confirms that this has the blessings of the management of Oriental Bank of Commerce which includes present Chairman and Managing Director of Oriental Bank of Commerce.



Thanking you.


Yours sincerely,


Pankaj S Mody




---------- Forwarded message ----------From: pankaj mody < modyps@gmail.com>
Date: Jun 7, 2005 3:29 PM Subject: Fwd: 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 -AHMEDABAD To: vidya.rudra@obcmail.co.in


From :

Pankaj S Mody
Janmangal Apt,
40 Brahman Mitra Mandal Soc
Paldi , Ahmedabad 380 006
Email :- modyps@gmail.com

7th June 2005



To

ORIENTAL BANK OF COMMERCE ( erstwhile Global Trust Bank)
C G Road
Ahmedabad
Email address: - vidya.rudra@obcmail.co.in

PHONE :- 91-79-26405595, FAX- 91-79-26405597
Madam,


FOR KIND ATTENTION OF Ms VIDYA RUDRA

I am sending a copy of email sent to your superiors earlier and till date they have neither acknowledged nor have given a reply.

When I spoke to you today in your office at about 1:30 PM , it appeared that you did not receive the communication from your superiors. This shows their indifference and negligence on the part of management of Oriental Bank of Commerce.

Hence , I am marking copy of my earlier emails to you.

It appears from the talks I had with you that either you and your staff lacks the expertise and competency in examining the acts of fraud and lack of due diligence or you and your staff deliberately play innocent and ignorant to serve the interest of the Bank. to carry on open loot unscrupulously and shamelessly.

Kindly go through the same and furnish a detailed satisfactory reply backed by detailed documentary evidences failing which it would be construed that you are personally colluding with Jatin Jalundhwala , Core Health care in retaining charge fraudulently .

It is imperative that you vacate the charge and make alternate arrangement with Jatin Jalundhwala and Core Health care for recovery of your dues immediately including filing of criminal against them and their associates immediately .


Your silence would amount to the fact that you and your bank openly accept that the charge created on immoveable property was illegal and you do not have defence.

It was the duty of your superiors to inform you immediately as regards to the contents of my earlier email dated 3 rd June 2005 ( and other emails from time to time) and as it appears that your superiors and colleagues have not informed you , I look forward to your reply latest by tomorrow evening with necessary detailed and satisfactory reply backed by detailed documentary evidences, records, correspondence, etc.


I am passing on the present email to various investigating agencies and hence , it is necessary that you file criminal complaint against Jatin Jalundhwala and Sushil Handa spontaneously as well as the concerned associates immediately and holding them in custody

Kindly acknowledge receipt of present email.


Thanking You.


...[Message clipped]

PS to CM.