Email to Home department on 9 th may 2006
pankaj mody
FIRST REMINDER :- Fwd: URGENT NEED TO RECORD STATEMENT OF MANAGEMENT OF ORIENTAL BANK OF COMMERCE (EGTB) AND TAKE ACTION AGAINST THEM FOR POTENTIAL THREAT OF CRIMINAL ACTION AGAINST PANKAJ MODY
pankaj mody
Tue, May 9, 2006 at 12:02 PM
To: "K. C. Kapoor"
From:
Pankaj S Mody
2nd Floor Janmangal Apt
40 Brahman Mitra mandal Society
Ahmedabad 380 006
Email modyps@gmail.com
May 9th 2006
Shri K C Kapoorsaheb,
Principal Secretary
Home Department
Gujarat
Respected Sir,
1. Kindly refer to my earlier email dated 20th April 2006 annexed herewith.
2. Dear Sir, I know that you are owe fully busy and hence, find it difficult to spare time to attend my email and reply to my email . Sir, I am a small man facing a mountain of calamities.
I shall be grateful to receive your invaluable help in the matter as this is a question of life and death for a whistleblower in case the matter is not actively pursued promptly by the Home Department by conducting inquiry on the management of Oriental Bank of Commerce.
Thanking you.
Yours obediently,
Pankaj S Mody
---------- Forwarded message ----------From: pankaj mody < modyps@gmail.com>Date: Apr 20, 2006 4:02 PMSubject: Fwd: URGENT NEED TO RECORD STATEMENT OF MANAGEMENT OF ORIENTAL BANK OF COMMERCE (EGTB) AND TAKE ACTION AGAINST THEM FOR POTENTIAL THREAT OF CRIMINAL ACTION AGAINST PANKAJ MODY To: "K. C. Kapoor" <pshome@gujarat.gov.in>, secinb@gujarat.gov.in, csguj@gujarat.gov.in , hasmukha@gujarat.gov.in, sectocm@gujarat.gov.in
From Pankaj S Mody
email modyps@gmail.com
April 20, 2006
For Kind attention of Shri K C Kapoor
Sir,
I have made a small mistake in attaching the link of my reply dated April 10th 2006 to the advocate of Oriental Bank of Commerce. The correct link is as under.
http://bankcor.blogspot.com/2006/04/reply-to-notice-of-oriental-bank-of.html
I am sorry for mistake on my part
Yours sincerely,
Pankaj Mody ---------- Forwarded message ----------
From: pankaj mody <modyps@gmail.com >
Date: Apr 20, 2006 3:33 PM Subject: URGENT NEED TO RECORD STATEMENT OF MANAGEMENT OF ORIENTAL BANK OF COMMERCE (EGTB) AND TAKE ACTION AGAINST THEM FOR POTENTIAL THREAT OF CRIMINAL ACTION AGAINST PANKAJ MODY To: "K. C. Kapoor" < pshome@gujarat.gov.in>, secinb@gujarat.gov.in, csguj@gujarat.gov.in, hasmukha@gujarat.gov.in , sectocm@gujarat.gov.in
Cc: barkha@ndtv.com, editorial@sandesh.com, editor@gujaratsamachar.com, contact@divyabhaskar.co.in, ahmedabadnewsline@expressindia.com, sardesai.rajdeep@gmail.com, suchetadalal@yahoo.com, letters@thehindu.co.in, letters@tribuneindia.com , starmail@vsnl.com, saamana@vsnl.net, response@in.startv.com, starnews@vsnl.net, rajendra_media@yahoo.com, bindu.trivedi@channel7jtv.com, indianexpress2000@yahoo.com, manoj.singh@aajtak.com, shishir.joshi@aajtak.com, bhattm@zeenetwork.com , mail@aajtak.com, zeenews@zeenetwork.com, mail@indiatv.com, mail@editsource.com, mnirav@icallindia.net, mnutan@hotmail.com, modernad1@sancharnet.in, mohan@uniindia.com, mohanraov@rediffmail.com, mohansahay@yahoo.com, mohuachatterjee@indiatimes.com, monobina@hotmail.com, monstermihir@yahoo.com, STAVANDESAI@expressindia.com , gurcharandas@touchtelindia.net, cmgujarat@gujaratindia.com, uday.mahurkar@gmail.com , parivartan_india@rediffmail.com, skdubeyfoundation@yahoogroups.com, jago-india@yahoogroups.com, Jai-hind < Jai-Hind@yahoogroups.com>
From
Pankaj S Mody
Email modyps@gmail.com
Dated April 20 2006
To:-
Shr K C Kapoor
Principal Secretary
Home Department Government of Gujarat
Gandhinagar
Respected Sir,
This is in reference to the notice dated 18-3-2006 from the management of Oriental Bank of Commerce served through their advocate Mr Talwani. along with his earlier communication dated 18-2-2006. It is apparent that they are perturbed by my marking a copy to the Honorable Chief Minister of Gujarat and hence they want me to offer public apology.
The copy of the same is annexed here with in form of a link as under:-
http://bankcor.blogspot.com/2006/03/notice-dated-14-march-2006-from.html
http://bankcor.blogspot.com/2006_02_18_bankcor_archive.html
I am also enclosing a copy of my reply dated 10th April 2006 to the notice of Oriental of Commerce issued by their advocate Mr. H. D Talwani
http://bankcor.blogspot.com/2006_02_18_bankcor_archive.html
It is apparent from the tenure of their notice that the Oriental Bank of Commerce wants to harass me so that the illegal acts of their predecessor bank (Global Trust Bank) in collusion with management of Core Healthcare does not get exposed. This they want to do it by dragging the issue in Delhi court or any other court outside Ahmedabad.
In the past , their predecessor bank management has used Global Trust Bank to harass me through the management of Core Healthcare and their employees Jatin Jalundhwala and Ameet Desai.
I had reason to apprehend such development and hence in my letter dated July 20, 2005 , I had brought it to the notice of Paldi Police Chawky while making a reference of the same. For the reasons best known to the Paldi Police chawky , they have ignored to make a detailed inquiry. Kindly refer the contents of my letter dated July 20 , 2005 in an email subsequently addressed to you on 22 nd July 2005 as under.
http://corinq.blogspot.com/2005/07/copy-of-email-on-22nd-july-to-home.html
Extract of Annexure A the letter to Police chawky .
1. ORIENTAL BANK OF COMMERCE (ERSTWHILE GLOBAL TRUST BANK )· I have sent email to the local branch of EGTB , REGIONAL OFFICE OF OBC , HEAD OFFICE OF OBC IN NEW DELHI. I perceive threat to life and harassment and torture as long as the bankers do not give documentary evidences as well as satisfactory reply as referred in Para 5 (a) to 5(o) as well as twenty points of Enclosure A in email sent in June 2005. It is necessary that they are compelled to give detailed reply backed by documentary evidences so as to take adequate primary safety measures for protection.
I therefore humbly request you that you would be kind enough to make a direct inquiry with the local management of Oriental Bank of Commerce and seek their reply by email forthwith while marking a reply for my additional observations and comments I am adducing copy herewith of email sent to them for easy reference. The address of local branch of Oriental Bank of Commerce on C G Road , Ahmedabad is as under:-
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
You would appreciate that Police Inspector Mr. J M Chaudhary, Police Inspector working for Economic Offence wing working under Crime department lacks the competency to communicate with the management of Oriental Bank of Commerce in English language and therefore I have reason to feel that he has not carried out the investigation minutely and in detail.
Your support would be very much appreciated for my personal safety as well as to find truth as to what kind of due diligence exercise was carried out prior to creation of charge on the immoveable property – Rupam Bunglow. .
I would like to draw your attention that Additional Principal Secretary , Shri Pankajkumar had addressed a note to you for extending protection as well as investigation on fraud in GTB illegalities. The same is attached in form of link for your knowledge and information and necessary action from your end before I face any harassment from Oriental Bank of Commerce. The matter is extremely serious and I feel that it is not taken lightly.
http://corinq.blogspot.com/2005_02_28_corinq_archive.html
You would be kind enough to appreciate from the issue of S K Dubey murder case , that I would not be able to endure any negligence on account of hoti hai chalit hai, incompetent , indifferent and negligent attitude of various officials working under Economic Offence wing as well as the Police department working under the Police Commissioner of Ahmedabad. It comes under preview to rectify their negligence, incompetence and casual approach and unintelligent approach.
Hence , I am marking a copy of the present email to various media members straight away so that you take the matter seriously and look into the matter .
I am sorry to say that I do not have any faith and trust in the Police administration and crime department of Government of Gujarat who only side up with the powerful and rich and who can influence the Police. Incompetent Police in Ahmedabad has ruined my life and my family life and I do not have any joy left in my life but to see that such incidences of favouring rich bank robbers like Sushil Handa and influential bankers like Ramesh Gelli does not happen whereby other whistle blowers and their families in the country do not get victimized and humiliated in the hands of Police , bureaucrats, advocates, and corrupt bankers for wrong reasons.But the whistleblowers of frauds are treated with dignity and respect. Only this pain and spirit within me is giving me the meaning to live and motive to carry on my crusade and life.
I do hope that you understand the feelings of a whistle blower and their families and the trauma of the family members and I hope for your whole hearted cooperation on a war footing.
I look forward to your reply in this matter in a day or two.
Thanking you.
Yours sincerely,
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.
Yours sincerely,
PANKAJ S MODY
---------- Forwarded message ----------From: pankaj mody < modyps@gmail.com>Date: Jun 3, 2005 8:35 PM Subject: 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.inCc: dbsahmedabad@rbi.org.in, dbshyderabad@rbi.org.in, dbsnewdelhi@rbi.org.in, hcguj@guj.nic.in , helpahmedabad@rbi.org.in
From:-
Pankaj S Mody
Janmangal Flat
40 Brhaman Mitra Manda Society
Ahmedabad 380 006
modyps@gmail.com
03-06-2005
1)
THE CHAIRMAN AND MANAGING DIRECTOR
ORIENTAL BANK OF COMMERCE
NEW DELHI
Email : cmd@obc.co.in,
2)
MR. A.K. MISHRA , GENERAL MANAGER (VIGILANCE)
NEW DELHI,
Email : akmishra@obc.co.in
3)
THE REGIONAL HEAD
ORIENTAL BANK OF COMMERCE
CHANAYKYA , 4TH FLOOR, NEAR DINESH HALL
OFF ASHRAM ROAD
PHONE: 26587539,26585830, FAX 26589456
Email : rh_ahm@obc.co.in , edp_ahm@obc.co.in
4)
Erstwhile Global Trust Bank
G-2 SAMEDH, NEAR ASSOCIATED PETROL PUMP
C.G. ROAD
AHMEDABAD
PHONE : 91-79-26405595, FAX 91-79-26405597
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 PORPERTY UNDER SIGNATURE OF JATIN JALUNDHWALA
1. This is in reference my earlier emails addressed to OBC FROM time to time for charge created by GTB for Rs 12.5 crore. You have failed to give satisfactory and transparent detailed reply to my emails deliberately. The earlier emails are adduced herewith. Kindly send fax to the branch located on CG Road in Ahmedabad immediately.
2. I would like to draw your attention that the next date for criminal defamation case 3326/99 is fixed on 15-06-2005 in the Metropolitan Court 22 at Meghaninagar. Kindly furnish detailed reply to the points referred in paragraph 5 of the present email show as to show your intentions and transparency in your dealings. Core Healthcare and Jatin Jalundhwala has failed to attend the Metropolitan court in December 2004 , March 2005 and April 2005 which shows that charge created by Jalundhwala was fraudulent.
3. In case , you fail to furnish details to the undersigned , then you are openly accepting that the creation of charge on Rupmanglam Investment Pvt Ltd property was done fraudulently and you have decided to encroaching on my rights of the immoveable property illegally and shamelessly with a deliberate intention to steal and grab the property and OBC management confirms that it is in collusion with management of GTB , Core Health Care and Sushil Handa and does not have any defence for the fraudulent acts.
4. Once again you are called upon to furnish a detailed reply to the present e mail as well as earlier emails to the undersigned while marking a copy of your detailed reply to the Gujarat High Court as well as Department of Banking Supervision simultaneously immediately on receipt of the present email but not later than evening of 7 th June 2005. The present email is being presented to the Judiciary as well as other crime investigating agencies.
5. Kindly furnish detailed reply to the following to start with :-
(a) That GTB has failed to furnish documentary evidence as to how Mr. Jatin Jalundhwala and Mr. Ameet Sesai continue as directors of Rupmanglam Investment Private Ltd after EXPIRY OF TERM AS ADDITIONAL DIRECTOR .GTB has failed to furnish any search report 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 commissioner and the memorandum of entry furnished to the undersigned does not reflect any supporting documentary evidence that Mody family members have CEASED TO be directors of Rupmnglam Investment Pvt Ltd.
(c) The copy of title deeds registar and Memorandum of Entry furnished by GTB does not reflect ANY supporting evidence that Jatin Jalundhwala and Ameet Desai are SOLE, EXCLUSIVE directors of Rupmanglam Investment Pvt Ltd.
(d) That GTB has failed to include certificate from the auditors of Rupmanglam (Kashiparekhs ) 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 as far as property owned by Rupmangalam and Flovin .
(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 documentary evidence in title deeds registar as well as Memorandum of entry that the stay of Revenue department has been lifted at the time of creation of charge in March 1999.
(h) That GTB has failed to deposit original sale document in favour of Shri Parbhulal Bhikhabhai Shah with the authorities while creating charge of Rupmangalm and Flovin confirming that charge creation was fraudulent.
(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 thoroughly and minutely verified own their own that Span Medicals 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 reasoning as why the sanction of loan 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 against Core health care and the Core health care was already facing liquidity problems.
(m) That GTB has failed to give any explanation as to the reason why they wanted to extend facility to Core Healthcare with support of Jalundhwala when Core Healthcare extended approximately Rs 39 crores non-interest bearing loan to its subsidiary Technology Finance 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 officials 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.
PLEASE SEE THAT YOU ACKNOWLEDGE MY EMAIL FORTHWWITH AND ALSO GIVE DETAILED REPLY 7 TH JUNE 2005.
Yours sincerely,
Pankaj S Mody
---------- 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 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
· ...[Message clipped]
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