Reply dated 22nd August 2005 from General Manager of Oriental Bank of Commerce
Subject:
RE: FOR URGENT ATTENTION OF CMD AND GENERAL MANAGERS OF OBC TO PROVIDE DOCUMENTARY EVIDENCES IN CRIMINAL DEFAMATION CASE FILED BY CORE HEATLHCARE
Date:
Mon, 22 Aug 2005 16:13:08 +0530
From:
"R Madhok" rmadhok@hodel.obc.co.in
Re: CORE HEALTH CARE LTD
Please refer to your e-mail dated 20.08.2005 regarding the subject company. In this regard please refer to our e-mail dated 9.08.2005 which is reproduced below and is self-explanatory.
Rajiv Madhok
General Manager
HO/2005-06/ August 9, 2005
Shri Pankaj Mody,
Janmangal Apartment,
40, Brahman Mitra Mandal Society,
Paldi, Ahmedabad – 380 006
Your e-mails dated 08.06.05, 07.06.05, 03.06.05 & 05.05.05 sent to the Bank in connection with the account of Core Health Care Ltd. at C. G. Road, Ahmedabad Branch of erstwhile GTB
We refer to the above e-mails sent by you to us as well as various authorities and observe that you have been making various allegations and charges against the bank which are merely based on your assumptions and which we completely refute and are hereby denied completely.
Janmangal Apartment,
40, Brahman Mitra Mandal Society,
Paldi, Ahmedabad – 380 006
Your e-mails dated 08.06.05, 07.06.05, 03.06.05 & 05.05.05 sent to the Bank in connection with the account of Core Health Care Ltd. at C. G. Road, Ahmedabad Branch of erstwhile GTB
We refer to the above e-mails sent by you to us as well as various authorities and observe that you have been making various allegations and charges against the bank which are merely based on your assumptions and which we completely refute and are hereby denied completely.
The matter under reference is already sub-judice before the Learned Court. It is out of place on your part to take recourse to forums outside the court, which amounts to disrespect to the court and defamation of the Bank.
You are advised to restrain yourself from making any allegations/charges against the bank. Please take note that the Bank reserves the right to action against you including the claiming of damages.
It appears that there is some dispute amongst erstwhile directors of Roopmangal Investment Pvt. Ltd. As such you have no locus standii to address the Bank particularly when the matter is sub-judice. The learned court where the suit is pending is the competent authority to hear all your issues.
As such the Bank cannot entertain any correspondence in the matter which is sub-judice.
Yours faithfully,
Yours faithfully,
GENERAL MANAGER (MBD)
-----Original Message-----From: pankaj mody [mailto:psmody@yahoo.com]Sent: Monday, August 22, 2005 03:52 PMTo: Chairman & Managing Director; S C Kapur; R Madhok; D G saxena; S C Gupta; A K Mishra; asubramanian; P L Ahuja; G K Sachdeva; S K Sharma; C M Khurana; rh_ahm@obc.co.in; edp_ahm@obc.co.in; vidya.rudra@obcmail.co.inCc: hcguj@guj.nic.in; pshome@gujarat.gov.in; dbsahmedabad@rbi.org.in; dbsnewdelhi@rbi.org.in; dbshyderabad@rbi.org.in; cvc@nic.in; vc1@cvc.delhi.nic.in; vc2@cvc.delhi.nic.in; presidentofindia@rb.nic.in; suchetadalal@yahoo.comSubject: FOR URGENT ATTENTION OF CMD AND GENERAL MANAGERS OF OBC TO PROVIDE DOCUMENTARY EVIDENCES IN CRIMINAL DEFAMATION CASE FILED BY CORE HEATLHCARE
-----Original Message-----From: pankaj mody [mailto:psmody@yahoo.com]Sent: Monday, August 22, 2005 03:52 PMTo: Chairman & Managing Director; S C Kapur; R Madhok; D G saxena; S C Gupta; A K Mishra; asubramanian; P L Ahuja; G K Sachdeva; S K Sharma; C M Khurana; rh_ahm@obc.co.in; edp_ahm@obc.co.in; vidya.rudra@obcmail.co.inCc: hcguj@guj.nic.in; pshome@gujarat.gov.in; dbsahmedabad@rbi.org.in; dbsnewdelhi@rbi.org.in; dbshyderabad@rbi.org.in; cvc@nic.in; vc1@cvc.delhi.nic.in; vc2@cvc.delhi.nic.in; presidentofindia@rb.nic.in; suchetadalal@yahoo.comSubject: FOR URGENT ATTENTION OF CMD AND GENERAL MANAGERS OF OBC TO PROVIDE DOCUMENTARY EVIDENCES IN CRIMINAL DEFAMATION CASE FILED BY CORE HEATLHCARE
From :Pankaj S Mody
2nd Floor , Janmangal Aparment
40 Brahman Mitra Mandal Society
Paldi , Ahmedabad 380 006
Email address : modyps@gmail.com
psmody@yahoo.com
Date: 22-08-2005
TO:-
1)THE CHAIRMAN AND MANAGING DIRECTORORIENTAL BANK OF COMMERCENEW DELHIEmail : cmd@obc.co.in,
obc@obcindia.com
2)
The Various General Managers,
Oriental Bank of Commerce
New Delhi
sckapur@obc.co.in , rmadhok@obc.co.in
dgsaxena@obc.co.in, scgupta@obc.co.in,
akmishra@obc.co.in, asubramanian@obc.co.in,
plahuja@obc.co.in, gksachdeva@obc.co.in,
sheelsharma@obc.co.in , cmkhurana@obc.co.in,
2nd Floor , Janmangal Aparment
40 Brahman Mitra Mandal Society
Paldi , Ahmedabad 380 006
Email address : modyps@gmail.com
psmody@yahoo.com
Date: 22-08-2005
TO:-
1)THE CHAIRMAN AND MANAGING DIRECTORORIENTAL BANK OF COMMERCENEW DELHIEmail : cmd@obc.co.in,
obc@obcindia.com
2)
The Various General Managers,
Oriental Bank of Commerce
New Delhi
sckapur@obc.co.in , rmadhok@obc.co.in
dgsaxena@obc.co.in, scgupta@obc.co.in,
akmishra@obc.co.in, asubramanian@obc.co.in,
plahuja@obc.co.in, gksachdeva@obc.co.in,
sheelsharma@obc.co.in , cmkhurana@obc.co.in,
(3)
THE REGIONAL HEADORIENTAL BANK OF COMMERCECHANAYKYA , 4TH FLOOR, NEAR DINESH HALLOFF ASHRAM ROADPHONE: 26587539,26585830, FAX 26589456Email : rh_ahm@obc.co.in , edp_ahm@obc.co.in4)Erstwhile Global Trust BankG-2 SAMEDH, NEAR ASSOCIATED PETROL PUMPC.G. ROADAHMEDABADPHONE : 91-79-26405595, FAX 91-79-26405597vidya.rudra@obcmail.co.in
Sir/Madam,
Reference Correspondence
Furnished in the archives of my blogsite:-
http://obccorresp.blogspot.com
This is in reference to the above including my last email email on 20-08-2005.
I am referring to my earlier correspondence to Global Trust Bank as well as to the email sent to you in December 2004 where I have raised various issues and one of the issues was that Core Health care is neither attending the Metropolitan Court 15 for criminal defamation case 3326/99 filed against the undersigned which means that they accept that Jatin Jalundhwala did not have authority of legal board of directors and legal shareholders to create charge on the immoveable property owned by Rupmanglam Investment Pvt Ltd.
The criminal case 3326/99 was filed by Core Health care on the basis of Global Trust Bank handing over the private and confidential letter dated 24-7-1999 addressed to Global Trust Bank and the contents of the letter has been referred in the plaint filed by by Core Healthcare Ltd. They have named sahids as Jatin Jalundhwala and the executives of Global Trust Bank to support their contention but they are reluctant to remain present before Metropolitan Court 22.
I have brought it to the attention of Sushil Handa as well as Beena Handa as well as Jatin Jalundhwala on 16-3-2005 and informed them about the next due date of case 3326/99 . They have not bothered to attend to the court. The text of the letter addressed to them is annexed herewith. Next date is falling due on 25-8-2005 in the Metropolitan court (which has been shifted to Gheekanta) as regards criminal defamation case 3326/99.
In case you think that you are totally justified and satisfied completely about the legality and authority of Jatin Jalundhwala to create charge on immoveable property referred in my suit against you , you are called upon to deposit all such documentary evidences before the Metropolitan court 22 ( the matter has been transferred to court 22 from court 15).
You are therefore , once again directed to take appropriate steps in light of contents of my previous emails to you whereby you furnish Xerox copies of complete documentary evidences backed by detailed explanation by email to under mentioned authorities while marking a copy of email to the undersigned at modyps@gmail.com latest by 24 th August 2005 by 5 PM . In case , you have total conviction about authenticity of evidences and reasoning , you should not Have any reluctance and hesitation to furnish such details transparently to the undersigned and if you fail to furnish such details than all the connected officials of even Oriental Bank of Commerce are also white collared Veerapans
And hand in glove with Sushil Handa and his associates. I am furnishing various email addresses as under so that you can simultaneously inform with your detailed reply backed by documentary evidences and reasoned reply:-
· To The Registrar, Gujarat High Court at email address :- hcguj@guj.nic.in
· Home Department , Gujarat State pshome@gujarat.gov.in,
· To DEPARTMENT OF BANKING SUPERVISION AT dbsahmedabad@rbi.org.in, dbsnewdelhi@rbi.org.in, dbshyderabad@rbi.org.in
· To Central Vigilance Commission :- cvc@nic.in, vc1@cvc.delhi.nic.in ,vc2@cvc.delhi.nic.in
· To President of India at his email address:- presidentofindia@rb.nic.in
· Transparency International:-
tiindia@gmail.com , ti@transparency.org
· Sucheta Dalal : suchetadalal@yahoo.com
Kindly also refer to the contents of paragraph 7 and 8 in my email dated 20-8-2005.
As an abundant measure in light of threat to my life in light of previous experience , I am left with no alternative but to take such precautions so that you furnish documentary evidences that you have collected from them at the time of creation of charge in 1998 first and renewed in 1999.
In case you fail to furnish such complete evidences at the time of sanction and creation of charge , then you do not have any option but to vacate illegal charge and hand over the physical possession of the immoveable property of Rupmangalam Investment Pvt Ltd back to me.
In case you fail to such open transparent and honest approach as a banker , all of you would be held responsible and accountable in case of threat to my life from any source which includes the bank and its management as well as Sushil Handa , Jatin Jalundhwala and their associates , advocates and chartered accountants,etc.
By their inability to give a detailed reasoned reply backed by documentary evidences pursuant to my letter dated 16-3-2005 and by their unwillingness to appear before the Metropolitan court in criminal defamation case 3326/99 filed by Core Health care they have accepted my contention that they have fraudulently create charge with GTB in collusion with GTB staff and management.
Under such circumstances, you do not have any other option but to take criminal action against Jatin Jalundhwala and the directors of Core Health care group to arrest them on account of their inability to attend the Metropolitan court to furnish necessary documentary evidences to the Honorable Magistrate. As a part of Government organization , you need to prevent such crooks from filing false and frivolous cases and thereby helping the judiciary to focus on genuine litigants.
In case you fail to take such direct steps against them immediately then the management of Oriental Bank of Commerce is hand in glove Mr. Jatin Jalundhwla and Sushil Handa of Core Healthcare Ltd.
You are therefore, called upon to hand over the immoveable property to me immediately as you do not have any legal and moral right to grab or retain the possession of the immoveable property.
You would be aware that Satyendra Dubey was killed in Bihar after he wrote a confidential letter to the then Prime Minister Shri Atalji. In case of such information , all of you in Oriental Bank of Commerce would like to play safe by sharing detailed documentary evidences as well as detailed reasoned reply so as to prevent whistleblower like me murdered. Think of the legal hastles , all of you would have to go through in case whistleblower like me is murdered on account of my constant follow up measures.
I THEREFORE , have no option to keep the press informed such as Ms Sucheta Dalal for my personal safety and no authority can deprive me of my such natural right. In case you fail to give a transparent reply all of you would come under veil of suspicion.
It is therefore in your interest to give transparent reply backed by documentary evidences latest by August 24 ,2005 failing which all of you tacitly accepting and confirming that all of you are hand in glove with Sushil Handa , Jatin Jalundhwala ,their associates and the GTB management so that they walk away scot free. And I am not going to let you maintain silence under any circumstances as I care for well being of my family and the countrymen more than my life.
In case all of you are men of transparency, you would furnish a detailed reply backed by documentary evidences and reasoned reply by August 24 , 2005 by 5 PM.
Yours sincerely,
Pankaj S Mody
ENCLOSURE:-
Copy of letter addressed to Handas and Jatin Jalundhwala of Core Health care Ltd.
From : Pankaj S Mody 40 BMM SOCIETY
PALDI ,
AHMEDABAD 380006
modyps@gmail.com
psmody@yahoo.com
16th March 2005,
1. Mr. Sushil Handa
Near Judges Bunglows, BODAKDEV
AHMEDABAD
2. Mrs. Beena Handa
Near Judges Bunglows, Bodakdev
Ahmedabad
3. Mr. Jatin Jalundhwala
602 Satkrut, Parthsarthy Avenue, Nr. Shymal Row House , 132 Ring Road, Satellite Road , Ahmedabad
Sir,
1. You are the directors of Dhanyushya Financial Pvt Ltd and you are aware that the undersigned has filed civil suit 5827/2001 in the City Civil Court of Ahmedabad against Dhanyushaya Financial , Jatin Jalundhwala , Core Healthcare Ltd and Global Trust Bank. Dhanyushya Financial , Jatin Jalundhwala , Core Health care has filed affidavit in the city civil court during the proceedings in the above referred matter narrating the contents of Memorandum of understandings where in the presence of escrow persons (namely Mr. Saurabh Soparkar and Mr. Hemant Kashiparekh is referred) and copy of the mous bearing signature of Jatin Jalundhwala is adduced to the city civil court.
2. At your instance , Core Health care Ltd has filed criminal defamation case 3326/99 in the Metropolitan Court of Ahmedabad against the undersigned. Till date no one has been attending the matter in the court from your side showing which clearly demonstrates that charge created by Mr. Jatin Jalundhwala on the immoveable property of Rupmanglam Investment Private Ltd is fraudulent . This shows deliberate attempt on your side to harass me and you do not have any case against the undersigned . You are called upon to attend the Metropolitan Court ( on 18th March 2005 ) along with the concerned/connected officials of GTB as your sahids failing which it would be construed that the management of Core Healthcare had filed a false criminal defamation against the undersigned with sole motive to harass me and I would be at liberty to recover damages from you by taking appropriate legal action against you for causing harassment. .
3. In light of present request letter addressed to you, you are called upon to furnish the following :-
· Documentary joint written affidavit from Mr Saurabh Soparkar and Mr. Hemant Kashiparekh ( who have been referred as escrow persons in the copies of MOUS furnished by Dhanyushya to Chamber Court ) , as to their written confirmation that they ( Mr. Kashiparekh and Mr. Soparkar) have simultaneously handed over the documents of various documents from all the family members of Mody family including the undersigned.Till date , you have not given reply to my reply given through my advocate Shri K V Shelat pursuant to notice by Dhanyushya to me and other mody family members.
· Documentary evidence in form of audited balance sheets along with written affidavit from auditor of Dhanyushya (M/s Shah and Shah Associates ) that stamped transfer deeds along with share certificates belonging to all mody family members have been presented by Dhanyushya to the legal board of directors of Rupmangalam within two months of validity period of transfer deeds while simultaneously adducing minute book records of directors and shareholders of Rupmanglam and Flovin Plastics Pvt Ltd and simultaneously confirmed by the auditors (Kashiparekhs) of Rupmanglam Investment Private Ltd and Flovin Plastics Pvt Ltd.
· You shall obtain necessary written affidavit from the auditors of Rupmangalam and Flovin that they have fully verified the documentary evidences and compliances of articles of association and memorandum for legal transfer of shares to Dhanyushya Financial that Dhanyushya is sole legal shareholder of both these companies.
· You shall also obtain written affidavit from the auditors (Kashiparekhs) of Rupmanglam and Flovin as regards to how they came to know of so called shift of registered office of Rupmanglam Investment Pvt Ltd and Flovin Plastics Pvt Ltd
· You shall also obtain written affidavit from the auditors (Kashiparekhs) of Rupmangalam and Flovin as to on what supporting documentary evidences they have considered that Ameet Desai and Jatin Jalundhwala to be the sole directors of Rupmangalam Investment Pvt Ltd and Flovin Plastics Pvt Ltd to the exclusion of Mody family directors.
· You shall also adduce all necessary documentary evidences from Mrs Swati Soparkar, practicing in Gujarat High Court as regards to who has approached her for filing documents for amalagmating Rupmanglam Investment Private Ltd and Flovin Plastics Private Ltd with Span Medicals by approaching Gujarat High court and how she has verified the authenticity before filing the matter to Gujarat High Court.
In case you fail to give a satisfactory reply then , all of you have in collusion with each other has created fraudulently created charge on the immovable property of Rupmanglam Investment Pvt Ltd and Flovin Plastics Pvt Ltd so as to obtain term loan of Rs 12.5 crores from Global Trust Bank for funding Core Healthcare.
4. It is also your responsibility to call for sahids from Global Trust Bank ( now Oriental Bank of Commerce) in the criminal defamation case 3326/99 filed against the undersigned to establish legal charge created by Global Trust Bank and it is obligatory on your part to produce the concerned officials of GTB in the Metropolitan court in defamation case against the undersigned. In case , Oriental Bank of Commerce fails to produce all the concerned officers of GTB, it is your responsibility to file criminal case against Oriental Bank of Commerce for causing any damage to my legal rights during pendency of city civil suit 5827/2001 in City Civil Court of Ahmedabad.
5. You are called upon to furnish your detailed reply to the undersigned by email to me forthwith . The copy of this letter is being sent to SEBI and other agencies for further detailed investigation as I also happen to be share holder of Core Health care Ltd.
6. I reserve my right to call for additional information , clarification , comments , etc as and when needed from all of you at a later date.
Yours sincerely,
Pankaj S Mody
THE REGIONAL HEADORIENTAL BANK OF COMMERCECHANAYKYA , 4TH FLOOR, NEAR DINESH HALLOFF ASHRAM ROADPHONE: 26587539,26585830, FAX 26589456Email : rh_ahm@obc.co.in , edp_ahm@obc.co.in4)Erstwhile Global Trust BankG-2 SAMEDH, NEAR ASSOCIATED PETROL PUMPC.G. ROADAHMEDABADPHONE : 91-79-26405595, FAX 91-79-26405597vidya.rudra@obcmail.co.in
Sir/Madam,
Reference Correspondence
Furnished in the archives of my blogsite:-
http://obccorresp.blogspot.com
This is in reference to the above including my last email email on 20-08-2005.
I am referring to my earlier correspondence to Global Trust Bank as well as to the email sent to you in December 2004 where I have raised various issues and one of the issues was that Core Health care is neither attending the Metropolitan Court 15 for criminal defamation case 3326/99 filed against the undersigned which means that they accept that Jatin Jalundhwala did not have authority of legal board of directors and legal shareholders to create charge on the immoveable property owned by Rupmanglam Investment Pvt Ltd.
The criminal case 3326/99 was filed by Core Health care on the basis of Global Trust Bank handing over the private and confidential letter dated 24-7-1999 addressed to Global Trust Bank and the contents of the letter has been referred in the plaint filed by by Core Healthcare Ltd. They have named sahids as Jatin Jalundhwala and the executives of Global Trust Bank to support their contention but they are reluctant to remain present before Metropolitan Court 22.
I have brought it to the attention of Sushil Handa as well as Beena Handa as well as Jatin Jalundhwala on 16-3-2005 and informed them about the next due date of case 3326/99 . They have not bothered to attend to the court. The text of the letter addressed to them is annexed herewith. Next date is falling due on 25-8-2005 in the Metropolitan court (which has been shifted to Gheekanta) as regards criminal defamation case 3326/99.
In case you think that you are totally justified and satisfied completely about the legality and authority of Jatin Jalundhwala to create charge on immoveable property referred in my suit against you , you are called upon to deposit all such documentary evidences before the Metropolitan court 22 ( the matter has been transferred to court 22 from court 15).
You are therefore , once again directed to take appropriate steps in light of contents of my previous emails to you whereby you furnish Xerox copies of complete documentary evidences backed by detailed explanation by email to under mentioned authorities while marking a copy of email to the undersigned at modyps@gmail.com latest by 24 th August 2005 by 5 PM . In case , you have total conviction about authenticity of evidences and reasoning , you should not Have any reluctance and hesitation to furnish such details transparently to the undersigned and if you fail to furnish such details than all the connected officials of even Oriental Bank of Commerce are also white collared Veerapans
And hand in glove with Sushil Handa and his associates. I am furnishing various email addresses as under so that you can simultaneously inform with your detailed reply backed by documentary evidences and reasoned reply:-
· To The Registrar, Gujarat High Court at email address :- hcguj@guj.nic.in
· Home Department , Gujarat State pshome@gujarat.gov.in,
· To DEPARTMENT OF BANKING SUPERVISION AT dbsahmedabad@rbi.org.in, dbsnewdelhi@rbi.org.in, dbshyderabad@rbi.org.in
· To Central Vigilance Commission :- cvc@nic.in, vc1@cvc.delhi.nic.in ,vc2@cvc.delhi.nic.in
· To President of India at his email address:- presidentofindia@rb.nic.in
· Transparency International:-
tiindia@gmail.com , ti@transparency.org
· Sucheta Dalal : suchetadalal@yahoo.com
Kindly also refer to the contents of paragraph 7 and 8 in my email dated 20-8-2005.
As an abundant measure in light of threat to my life in light of previous experience , I am left with no alternative but to take such precautions so that you furnish documentary evidences that you have collected from them at the time of creation of charge in 1998 first and renewed in 1999.
In case you fail to furnish such complete evidences at the time of sanction and creation of charge , then you do not have any option but to vacate illegal charge and hand over the physical possession of the immoveable property of Rupmangalam Investment Pvt Ltd back to me.
In case you fail to such open transparent and honest approach as a banker , all of you would be held responsible and accountable in case of threat to my life from any source which includes the bank and its management as well as Sushil Handa , Jatin Jalundhwala and their associates , advocates and chartered accountants,etc.
By their inability to give a detailed reasoned reply backed by documentary evidences pursuant to my letter dated 16-3-2005 and by their unwillingness to appear before the Metropolitan court in criminal defamation case 3326/99 filed by Core Health care they have accepted my contention that they have fraudulently create charge with GTB in collusion with GTB staff and management.
Under such circumstances, you do not have any other option but to take criminal action against Jatin Jalundhwala and the directors of Core Health care group to arrest them on account of their inability to attend the Metropolitan court to furnish necessary documentary evidences to the Honorable Magistrate. As a part of Government organization , you need to prevent such crooks from filing false and frivolous cases and thereby helping the judiciary to focus on genuine litigants.
In case you fail to take such direct steps against them immediately then the management of Oriental Bank of Commerce is hand in glove Mr. Jatin Jalundhwla and Sushil Handa of Core Healthcare Ltd.
You are therefore, called upon to hand over the immoveable property to me immediately as you do not have any legal and moral right to grab or retain the possession of the immoveable property.
You would be aware that Satyendra Dubey was killed in Bihar after he wrote a confidential letter to the then Prime Minister Shri Atalji. In case of such information , all of you in Oriental Bank of Commerce would like to play safe by sharing detailed documentary evidences as well as detailed reasoned reply so as to prevent whistleblower like me murdered. Think of the legal hastles , all of you would have to go through in case whistleblower like me is murdered on account of my constant follow up measures.
I THEREFORE , have no option to keep the press informed such as Ms Sucheta Dalal for my personal safety and no authority can deprive me of my such natural right. In case you fail to give a transparent reply all of you would come under veil of suspicion.
It is therefore in your interest to give transparent reply backed by documentary evidences latest by August 24 ,2005 failing which all of you tacitly accepting and confirming that all of you are hand in glove with Sushil Handa , Jatin Jalundhwala ,their associates and the GTB management so that they walk away scot free. And I am not going to let you maintain silence under any circumstances as I care for well being of my family and the countrymen more than my life.
In case all of you are men of transparency, you would furnish a detailed reply backed by documentary evidences and reasoned reply by August 24 , 2005 by 5 PM.
Yours sincerely,
Pankaj S Mody
ENCLOSURE:-
Copy of letter addressed to Handas and Jatin Jalundhwala of Core Health care Ltd.
From : Pankaj S Mody 40 BMM SOCIETY
PALDI ,
AHMEDABAD 380006
modyps@gmail.com
psmody@yahoo.com
16th March 2005,
1. Mr. Sushil Handa
Near Judges Bunglows, BODAKDEV
AHMEDABAD
2. Mrs. Beena Handa
Near Judges Bunglows, Bodakdev
Ahmedabad
3. Mr. Jatin Jalundhwala
602 Satkrut, Parthsarthy Avenue, Nr. Shymal Row House , 132 Ring Road, Satellite Road , Ahmedabad
Sir,
1. You are the directors of Dhanyushya Financial Pvt Ltd and you are aware that the undersigned has filed civil suit 5827/2001 in the City Civil Court of Ahmedabad against Dhanyushaya Financial , Jatin Jalundhwala , Core Healthcare Ltd and Global Trust Bank. Dhanyushya Financial , Jatin Jalundhwala , Core Health care has filed affidavit in the city civil court during the proceedings in the above referred matter narrating the contents of Memorandum of understandings where in the presence of escrow persons (namely Mr. Saurabh Soparkar and Mr. Hemant Kashiparekh is referred) and copy of the mous bearing signature of Jatin Jalundhwala is adduced to the city civil court.
2. At your instance , Core Health care Ltd has filed criminal defamation case 3326/99 in the Metropolitan Court of Ahmedabad against the undersigned. Till date no one has been attending the matter in the court from your side showing which clearly demonstrates that charge created by Mr. Jatin Jalundhwala on the immoveable property of Rupmanglam Investment Private Ltd is fraudulent . This shows deliberate attempt on your side to harass me and you do not have any case against the undersigned . You are called upon to attend the Metropolitan Court ( on 18th March 2005 ) along with the concerned/connected officials of GTB as your sahids failing which it would be construed that the management of Core Healthcare had filed a false criminal defamation against the undersigned with sole motive to harass me and I would be at liberty to recover damages from you by taking appropriate legal action against you for causing harassment. .
3. In light of present request letter addressed to you, you are called upon to furnish the following :-
· Documentary joint written affidavit from Mr Saurabh Soparkar and Mr. Hemant Kashiparekh ( who have been referred as escrow persons in the copies of MOUS furnished by Dhanyushya to Chamber Court ) , as to their written confirmation that they ( Mr. Kashiparekh and Mr. Soparkar) have simultaneously handed over the documents of various documents from all the family members of Mody family including the undersigned.Till date , you have not given reply to my reply given through my advocate Shri K V Shelat pursuant to notice by Dhanyushya to me and other mody family members.
· Documentary evidence in form of audited balance sheets along with written affidavit from auditor of Dhanyushya (M/s Shah and Shah Associates ) that stamped transfer deeds along with share certificates belonging to all mody family members have been presented by Dhanyushya to the legal board of directors of Rupmangalam within two months of validity period of transfer deeds while simultaneously adducing minute book records of directors and shareholders of Rupmanglam and Flovin Plastics Pvt Ltd and simultaneously confirmed by the auditors (Kashiparekhs) of Rupmanglam Investment Private Ltd and Flovin Plastics Pvt Ltd.
· You shall obtain necessary written affidavit from the auditors of Rupmangalam and Flovin that they have fully verified the documentary evidences and compliances of articles of association and memorandum for legal transfer of shares to Dhanyushya Financial that Dhanyushya is sole legal shareholder of both these companies.
· You shall also obtain written affidavit from the auditors (Kashiparekhs) of Rupmanglam and Flovin as regards to how they came to know of so called shift of registered office of Rupmanglam Investment Pvt Ltd and Flovin Plastics Pvt Ltd
· You shall also obtain written affidavit from the auditors (Kashiparekhs) of Rupmangalam and Flovin as to on what supporting documentary evidences they have considered that Ameet Desai and Jatin Jalundhwala to be the sole directors of Rupmangalam Investment Pvt Ltd and Flovin Plastics Pvt Ltd to the exclusion of Mody family directors.
· You shall also adduce all necessary documentary evidences from Mrs Swati Soparkar, practicing in Gujarat High Court as regards to who has approached her for filing documents for amalagmating Rupmanglam Investment Private Ltd and Flovin Plastics Private Ltd with Span Medicals by approaching Gujarat High court and how she has verified the authenticity before filing the matter to Gujarat High Court.
In case you fail to give a satisfactory reply then , all of you have in collusion with each other has created fraudulently created charge on the immovable property of Rupmanglam Investment Pvt Ltd and Flovin Plastics Pvt Ltd so as to obtain term loan of Rs 12.5 crores from Global Trust Bank for funding Core Healthcare.
4. It is also your responsibility to call for sahids from Global Trust Bank ( now Oriental Bank of Commerce) in the criminal defamation case 3326/99 filed against the undersigned to establish legal charge created by Global Trust Bank and it is obligatory on your part to produce the concerned officials of GTB in the Metropolitan court in defamation case against the undersigned. In case , Oriental Bank of Commerce fails to produce all the concerned officers of GTB, it is your responsibility to file criminal case against Oriental Bank of Commerce for causing any damage to my legal rights during pendency of city civil suit 5827/2001 in City Civil Court of Ahmedabad.
5. You are called upon to furnish your detailed reply to the undersigned by email to me forthwith . The copy of this letter is being sent to SEBI and other agencies for further detailed investigation as I also happen to be share holder of Core Health care Ltd.
6. I reserve my right to call for additional information , clarification , comments , etc as and when needed from all of you at a later date.
Yours sincerely,
Pankaj S Mody
posted by WHISTLE @ 3:30 AM
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