Thursday, July 21, 2005

e mail on 21st July 2005

pankaj mody

Reply to Notice sent to Paldi Police chowky in response to notice under section pankaj mody
Thu, Jul 21, 2005 at 8:14 PM
Reply-To: pankaj mody
To: "K.C.Kapoor" , Kuldip sharma , secinb@gujarat.gov.in
Cc: CM Gujarat
from Pankaj S Mody



For the kind attention of Shri K C Kapoor


Respected Sir,

I am enclosing a copy of reply to notice served under S 160 by the Paldi Police station. The reply was despatched by post yesterday on 20th July 2005 to Paldi Police station, Ellisbridge police station and to the Police Commissioner's office simultaneously.


The information is for your knowledge.

Thanking You.


Yours sincerely,

Pankaj Mody



Enclosure :- Of reply sent to paldi Police chowky.



From:-
Pankaj S mody
c/o Shri Suresh S Modi
Janmangal Apt , Paldi
Ahmedabad 380 006

July 20, 2005

TO:-

The Police Inspector, Ellisbridge Police Station
Ahmedabad

Respected Sir,
Routed Through Paldi Police Chowky.

Subject: Issue of notice to under Section 160 by Paldi on 18th July 2005 received on 19th July 2005 for extending protection to Pankaj Mody during investigation of banking fraud in GTB ,etc. Application No : Zone- 1/237/05

1. This is in reference to above. Notice for protection. In the past Law Garden Police chowky was to extend protection. It appears that , you have been requested to offer protection. I am grateful to the Police authorities for coming forward for extending support.
2. I would like to confirm that I am not in a position to financially afford the cost of police protection and I have referred the same to Law Garden Police chowky , Economic Offence wing. I have stated in email to the Government of Gujarat in an email that I do not have financial resources. Perhaps due to oversight, the police authorities has not taken notice of this fact. I do hope that now it would be crystal clear that I do not have any resources to pay for police protection at the time of investigation and pending court matter.
3. I would like to draw your attention to the fact that in November 2003 , a complaint was lodged by one of the financial institution on the management of Core Health care group in Ellisbridge Police station. It has been reported in the past that around that a sum of around Rs 750 crores had become bad debts on accounts of loans extended to Core Healthcare group. Jatin Jalundhwala , employee of Core Healthcare has been responsible in creating fraudulent charge on immoveable property ( located at cross roads of Municipal School near Parimal Rly crossing on bunglow called Rupam Bunglow) for Rs 12.5 crores through Global Trust Bank and currently the investigation is going on in the matter. At present there is around Rs 22.00 crores pending dues and the bankers Orienal Bank of Commerce ( erstwhile GTB) has given possession notice to Core health care and Span Medicals without ascertaining legality of creation of charge by JATIN JALUNDHWALA.
4. I am not in a position to pay for protection at the moment . Under the circumstances, you are humbly requested to arrange for physical protection to me from the various persons as referred in Annexure A . The addresses and telephone numbers are annexed in Annexure B and the Annexure C provide major events in relation to developments with N. P. Chavda. .
5. On account of constraints of time I have not been able to cover all the information. Besides , I have not been able to furnish copy of relevant annexures . The copy of annexures would be furnished separately at the earliest to Paldi Police Chowky.
6. Some of the annexures has been furnished to Economic Offence Wing in the past and hence , I am not furnishing the same.
7. The present letter is being sent to you Sir through Paldi Police Chowky, Ahmedabad as the notice under Section 160 has been served by them.
8. I do hope that necessary precautionary steps are taken so that the referred persons form where threat to life is perceived are held in check and control and they are compelled to furnish various documentary evidences to me at the earliest for my safety and for safety of my family members.
9. I am at liberty to furnish additional information as and when necessary.
Thanking you.
Yours sincerely,

Pankaj S Mody

Enclosures : Annexure A
Annexure B
Annexure C








ANNEXURE: A

THREAT TO LIFE AS WELL AS INJURY IS PERCEIVED FROM FOLLOWING PARTIES DURING FURTHER INVESTIGATION :-

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.
2. JATIN JALUNDHWALA
· Mr. Jalundhwala is primarily involved in creation of fraudulent charge on the immoveable property owned by Rupmangalam Investment Pvt Ltd and Flovin Plastics Pvt Ltd and he was the one along with Ameet Desai who filed criminal complaint against Mr. Pankaj Mody ,etc in Navrangpura police station for subjecting to police remand based on form under section 302 bearing his signature and name and date of resignation . The type face showing his name has different fonts/size and the alleged date of resignation priamefacily indicates that the date has been inserted subsequently.
· It was he who used the services of Biren Shah to threaten Pankaj Mody and his family which could have ultimately led to death with help of others while he would not be involved directly. Mr. Mody family decided to create a distance themselves out of fear and they got into clutches of Nishit Chavda while the income tax department used means of coercion to extract taxes from the family members.
· In order to prevent further threats and loss and harassment , it is imperative that he is called upon to furnish the following :-
1. detailed reply from the auditor Hemant kashiparekh vide letter dated 29-7-99.
2. His detailed reply to reply given by K V Shelat on 18-1-99 and 1-2-99.
3. His own written statement to written arguments presented by Pankaj Mody in proceedings of N.M. in civil suit 5827/2001 vide dated 1-3-2003 and 17-3-2003.
4. copy of documentary evidences submitted to the city civil court as well as Gujarat high court in appeal from order 176/2003 along with his written reply in form of affidavit.
5. His detailed reply to the letter addressed to him in March 2005.
6. When he has stopped working for Core Health care .
7. For whom is he working after he left Core Health care and since when ?
8. Who submitted for amalgamating Rupmanglam and Flovin with Span Medicals and who were the share holders who gave consent for amalgamation of these companies and their signatures.
9. Copies of all documents filed by him in the Registar of Companies on behalf of Rupmangalam and Flovin.

3. SUSHIL HANDA AND BEENA HANDA OF CORE HEATLH CARE LTD.
· They were/are directors of Core Health care and Core Health care has filed criminal defamation case vide 3326/99 inc court 15 ( Now court 22). They have been directors of Dhanyushya Financial Pvt Ltd in the past. They have been primae facie responsible indirectly to file criminal complaint against Mr. Mody to conceal the acts of banking fraud connected with term loan for Rs 12.5 crores from GTB by creating charge on immoveable property called Rupam Bunglow situated at cross road of MUNCIPAL SCHOOL near Parimal Rly crossing near Doctor House. They have used the employee Jatin Jalundhwala and Ameet Desai to lodge criminal complaint in Navrangpura Police station with help of advocate Ashok d shah and Kiran Bhrambhatt and have taken help of their employee Biren Shah to exert pressure through others to threaten Mr. Mody.
· It is necessary to obtain his detailed explanation to letter addressed to him in March 2005 as he has indirectly threatened through advocate's reply in April 2005.
· It is necessary to obtain his detailed explanation to his reply pursuant to the letter dated 21-2-2000 as his advocate Ashok D Shah has given reply in February that he will clarify various paragraphs subsequently.
· It appears that criminal case has been launched against the directors of Core Health care at Ellisbridge Police station around November , December 2003 for defrauding FINANCIAL COMPANY to amount running into crores.

4. SAURABH SOPARKAR AND HIS WIFE ADVOCATE SWATI SOPARKAR
· Saurabh Soparkar is one of the key persons along with Sushil Handa to cover up the illegalities of amalgamation of companies done by his wife Swati Soparkar. In order to save his family, he has no hesitation to engage services of advocate- Ashok D Shah and Kiran Bhrambhatt to instigate the police and the courts to threaten Pankaj Mody physically, emotionally and induce mental torture so that I succumb under pressure in not exposing banking frauds. He is able to engage to other antisocial elements to cause physical harm and harassment which can lead to danger to life.
5. HEMANT KASHIPAREKH AND ASHSISH HEMANT KASHIPAREKH
· They exerted pressure and torture through Mr. D N KAR OF INVESTIGATION DEPARTMENT IN INCOME TAX DEPARTMENT from March 1998 onwards. Mr. P S Mody feels that they knew Mr. D N Kar very well as Mr. Kar's wife had been admitted in Nigam Hospital situated at Vijay Char rasta and their management was related to Hemant Kashiparekh. Mr. Hemant Kashiparekh and Mr. Saurabh Soparkar has
back dated certain documents to threaten Pankaj Mody
and his family members to help Sushil Handa whose
wife Beena Handa happens to be related to his family.
Besides, he had been auditing Sushil Handa based company called Span Medicals as it brought substantial
Audit fees income and potential of more business.
6. BIREN SHAH ( WORKING FOR CORE HEATLH CARE , SUSHIL HANDA)
· The threat to life is perceived through Mr. Biren Shah working for Sushil Handa in the past or at present as he has been instrumental in scaring my family members which led to disintegration of the family as he has been instigating Police to exert pressure on some of the family members so as to cover up the illegal acts of banking fraud of Jatin Jalundhwala ,etc. He needs to be put to thorough test as he may be used once again to cause threat to life.
7. ASHOK D SHAH, advocate
· He has already used clever and dubious means to threaten Pankaj Mody in form of notices so as to help his client Dhanyushya/Jalundhwala and Core healthcare to remove their fraudulent acts. In his notice on 14-10-98 , he has stated in para 9 that " due to inaction in this regard , my client is actually incurring risk of committing breach of various provisions of act" while deliberately concealing the creation of charge from GTB amounting to Rs 11.00 crores. He had been assisting this group and he can be great threat to Pankaj Mody account of his various contacts including antisocial elements.
· Threat to life and harassment including legal harassment to Pankaj Mody is perceived in view of his role in the past to give various kind of threats directly and indirectly.
· It is necessary to find out as to collect the correspondence he or his client has entered with the escrow persons before he decided to issue notice to Pankaj Mody in light of reference of various Memorandum of understanding. This would enable to find out whether he was using threat to extort signatures after creation of charge of Rs 11 crores to pass on the bank liability to the Mody family or not. It is also necessary to find out what has he to say about threats he has given in February 2000 even when he was not able to clarify various paragraphs. Pankaj Mody was given a threat and warning when he attended one of the proceedings in Mirzapur court where the suit was filed against Core Health care by various bankers and when there was presence of ameet desai, amar bhatt, jatin jalundhwala , saurabh soparkar , and other advocates. The court proceedings were taking place some time in February 2000. One of them obviously contacted Ashok D Shah to convey threat to Pankaj Mody. I was advised to keep low profile and not attend the court even when Pankaj Mody happened to be shareholder of Core Healthcare.

8. AMAR N BHATT , ADVOCATE FOR Span Medicals
· He appeared for Span Medicals in Gujarat High court CRA 25/2002 and CRA 26/2002 . He had retained Saurabh Soparkar as counselor for Span Medicals. He went abroad even without meeting the directions in CRA 25 and CRA 26/2002 on April 15 th 2002 that he shall file reply by April 26 , 2002 ( Calling for his passport would throw light whether he went abroad or not). He engaged services of advocate U D Shukla subsequently so as to file reply to the city civil court on behalf of Span Medicals , Jatin Jalundhwala , Core Health care. Mr. U D Shukla
9. U D SHUKLA -ADVOCATE
· Mr. U D Shukla represented Nishit Chavda in suit 469/2000 as well as suit 126/2001. Mr. Shukla has cleverly misled the court by immediately filing suit 469 on 19-9-2000 inspite of caveat of Pankaj Mody while helping Nishit Chavda to grab the possession by conducting court commissioner report on 21-9-2000 in absence of Pankaj Mody. The household kits were got removed prior to court commissioner report and the report was done in presence of Mahesh Solanki and Shankar as witnesses and there by made woman violate the injunction granted by the court in suit 3754/2000.
· On account of his past behaviour directly or through hia associate , he is once again likely to employ such tactics to threaten and scare Pankaj Mody and his family so as to mislead the courts and threaten Mr. Pankaj Mody through courts.
· It is also necessary to collect form him the following details as to the name of directors who has given him authority to act on behalf of Span Medicals, Core Health care?
· Mr. Shukla is called upon to explain as to how the relation of Span Medicals , Core Healh care with the bankers are cordial especially when there was heavy default running into crores of Rupees.
· What are the documentary evidences that has been filed through him by his clients in notice of motion in civil suit 5827/2001?
· What are his written statements to the written arguments submitted by Pankaj Mody vide 11-3-2003 and 17-3-2003 in N.M. in Civil Suit 5827/2001?
· Mr. U D Shukla has been some what successful in silencing my family members by using the contacts of Nishit Chavda with antisocial elements to exert pressure through Pankaj Mody family members so that Pankaj Mody succumbs to the pressure exerted by Core Health care group.


10. Mr. Nishit Pethalji Chavda and Mr. Jagdish Pethalji Chavda.

· They have already brought in muscle men during the court commissioner report on 8-9-2001 in presence of Pankaj Mody and had him threatened through them that Pankaj Mody and his wife would not be spared on account of suit 126/01 filed by Pankaj Mody against Nishit Pethalji Chavda who has contacts with notorious antisocial elements. Based on information , Ellisbridge police station in the past had held Mr. Nishit Chavda in light of complaint filed by an advocate with him and the charges were serious. There is reason to feel that he may put pressure on the family members of Pankaj Mody at instance of U D Shukla or others in this particular matter connected with GTB fraud. It is necessary that Mahesh Solanki and Shankar BALAI are put under interrogation as they have been present at the time of court commissioner report in suit 469/2000 and court commissioner report in suit 126/2001. It is necessary to find out as to why Mr. Nishit Chavda forced family members to sell the bunglow at a distress value of Rs 18.00 lakhs lower than the amount paid to the builders. He is called upon to restore original position of possession as referred in court commissioner report on 19-7-2000 especially when he has taken the possession by force and no action was taken by the police authorities inspite of telegram on 19-7-2000 to the Police. As long as this is not done , there would be a indirect threat from Chavdas as no one would be able to trace out that he is playing a vital role in causing life threat to Pankaj Mody and his own family members and U D Shukla would be use it to his advantage for his own personal gain to help Sushil Handa group and the bankers.

ANNEXURE : B

CONTACT ADDRESSES/TELEPHONE NUMBER


1. ORIENTAL BANK OF COMMERCE ( ERSTWHILE GLOBAL
TRUST BANK AND ITS MANAGEMENT

G-2 , SAMEDH , ADJOINING ASSOCIATED PETROL PUMP
C G ROAD
AHMEDABAD
PHONE 2645595, 96, 26405597

2. JATIN R JALUNDHWALA ,

602 SATKRUT , PARTHSARTHY AVENUE
NEAR SHYAMAL ROW HOUSE
132 RING RIAD , SATELLITE , AHMEDABAD 15
OLD TELEPHONE NO 26425147

OFFICE ADDRESS: CORPORATE TOWERS , OPPOSITE DOCTOR HOUSE , NEAR PARIMAL RLY CROSSING, AHMEDABAD

3. SUSHIL HANDA AND MRS BEENA HANDA , SHARANYA , NEAR JUDGES BUNGLOW , BODAKDEV , AHMEDABAD

OFFICE ADDRESS: CORPORATE TOWERS , OPPOSITE DOCTOR HOUSE , NEAR PARIMAL RLY CROSSING, AHMEDABAD


4. AMEET H DESAI ( WORKING ELSEWHERE)
C 29/30 , SURDHARA BUNGLOW , THALTEJ
AHMEDABAD



5. SAURABH N SOPARKAR AND SWATI SAURABH SOPARKAR
6 SWEET HOME SOCIETY, NEAR SHREYAS CROSSING , AMBAWADI , AHMEDABAD
PHONE 26430707, 26404245/46, 26611997, 26620931,26562214,
MOBILE 98250 06479

OFFICE 204 AAKANKSHA, OFPOSITE VADILAL HOUSE ,
MOUNT CARMEL CROSSING , AHMEDABAD 380009


6. HEMANT KASHIPAREKH AND ASHISH KASHIPAREKH
AAKSHAY APT , GROUND FLOOR
OLD HIGH COURT LANE
PHONE 26586770

RESIDENCE : 13 VISHWAS COLONY , NEAR POLYTECHNIC
AHMEDABAD 15


7. AMAR NIRANJAN BHATT , ADVOCATE
C/O NIRANJAN BHATT, ADVOCATE
TELEPHONE NO 26577594, MOBILE 98250 66159

8. NISHIT PETHALJI CHAVDA AND JAGDISH PETHALJI CHAVADA
B-23 ISHITA APARTMENT , NEAR ISHWAR BHAVAN , NAVRANGPURA , AHMEDABAD

OLD PHONE NO 26448733, 98250 06412

9. UNMESH D SHUKLA
SHARVIL , MUKTI MAIDAN
MANINAGAR, AHMEDABAD
TELEPHONE 25460544, 25463798

10. MAHESH K SOLANKI, RESID VIPUL VIHAR SOC, SATELLITE ROAD , AHMEDABAD WITNESS IN COURT COMMISSIONER REPORT ON 21-9-00, AND 8-9-2001


11. SHANKARLAL BALAI – WITNESS IN COURT COMMISSIONER REPORT ON 21-9-2000 AND 8-9-2001

AJANTA ELLORA , BLOCK NO 20, BUILD 99 , NEAR DRIVE IN CINEMA.


12. ASHOK D SHAH , ADVOCATE , GUJARAT HIGH COURT


13. KIRAN BRHAMBHATT , ADVOCATE PRACTICING IN METROPOLITAN COURT AND ASSOCIATED WITH ASHOK D SHAH , ADVOCATE

Annexure : C

Some of the relevant events connected with Nishit Pethalji Chavda:-

No
Narration
Date
Remarks
1
Urban land ceiling order on ban of transfer of membership for 10 years
28-8-88
Violation by the office bearers of the society
2.
Application for income tax clearance certificate to assessing officer, narayan chambers by S Mody showing sale consideration less than amount paid to builders
20/21June 2000
Immediate issue of ITCC even when the share certificate was issued later on 24-6-2000 and even when sale consideration lower than purchase value
3.
Application for income tax clearance certificate to assessing officer, narayan chambers by Parth Mody showing sale consideration less than amount paid to builders
20/21June 2000
- DO-
4
Issue of share certificate for bunglow by Jitendranagar Housing society in name of modys
24-6-2000
Cannot transfer for ten years
5
Nishit Chavda;s affidavit to Jitendranagar Housing soc bearing witness signature of M K Solanki
26-6-2000
How M K Solanki is common
6
Registered sale deed document bearing witness signature of M K Solanki
27-6-2000

7
Subregistar notice to Nishit Chavda for inadequate stamp duty as sale deed is for 18 lakhs while valuation is 26.65 lakhs
27-6-2000

8
Injunction on bunglow in civil suit 3754/2000
18-7-2000

9
Court commissioner report on status of possession in suit 3754/2000
19-7-2000
Shows presence of household kits belonging to mody family as well as possession of P Mody
10
Telegram to police commissioner
19-7-2000
Contacts of chavda prevented follow up action
11
Telegram to Police inspector , satellite
19-7-2000
Contacts of chavda prevented follow up action
12
...[Message clipped]