email dated 4-1-06
pankaj mody
MESSAGE 1- REQUEST FOR PROMPT ACTION BY ANTICORRUPTION BUREAU FOR CONDUCTING INQUIRY ON CORE HEALTH CARE AND ON BANKERS1 message
pankaj mody
Wed, Jan 4, 2006 at 9:11 PM
To: CM Gujarat
FROM :PANKAJ S MODY
2ND FLOOR , JANMANGAL APT
40 BRHAMAN MITRA MANDAL SOC
PALDI , AHMEDABAD 380 006
modyps@gmail.com
4TH JANURAY 2005
THE HONORABLE CHIEF MINISTER OF GUJARAT
GANDHINAGAR
AHMEDABAD
RESPECTED SIR,
I am enclosing copy of email addressed to the AntiCorruption Bureau so that they take prompt action in the matter. i am surprised that Shri M M PATEL has not taken any steps on receipt of my emails earlier to conduct inquiry on Oriental Bank of Commerce. This would speak poorly of the functioning of staff working for AntiCorruption Bureau as this would tantamount to delay tactics.
I am also marking copy of email to Anticorruption Bureau so that you can ascertain immediately whether they take appropriate steps with lightining speed or not AND THEY UNDERSTAND SENSE OF URGENCY and does not extend any favour to Core Healthcare management as well as their bankers.
Thanking you.
Yours most respectfully,
Pankaj S Mody
---------- Forwarded message ----------
From: pankaj mody <modyps@gmail.com>Date: Jan 4, 2006 8:51 PMSubject: Re: 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: cr-acb-ahd@gujarat.gov.in
From : PANKAJ S MODY
2nd Floor , Janmangal Apt
40 Brahman Mitra Mandal Society
Ahmedabad 380 006
EMAIL modyps@gmail.com
4th january 2006
THE ANTICORRUPTION BUREAU
SHAHIBAUG
AHMEDABAD
FOR KIND AND IMMEDIATE ATTENTION OF SHRI M M PATEL, POLICE INSPECTOR LOOKING AFTER CORE HEALTHCARE LIMITED CASE:-
I am enclosing copy of draft of email that can be addressed to Oriental Bank of Commerce by AntiCorruption Bureau so as to get the necessary information immediately. The copy of earlier email sent to Oriental Bank of Commerce in May 2005 and June 2005 is adduced herewith for your reference.
Kindly see that the email to Oriental Bank of Commerce is being despatched immediately so that you do not have any reason to justify delay.
Thanking you.
From : PANKAJ S MODY
2nd Floor , Janmangal Apt
40 Brahman Mitra Mandal Society
Ahmedabad 380 006
EMAIL modyps@gmail.com
4th january 2006
THE ANTICORRUPTION BUREAU
SHAHIBAUG
AHMEDABAD
FOR KIND AND IMMEDIATE ATTENTION OF SHRI M M PATEL, POLICE INSPECTOR LOOKING AFTER CORE HEALTHCARE LIMITED CASE:-
I am enclosing copy of draft of email that can be addressed to Oriental Bank of Commerce by AntiCorruption Bureau so as to get the necessary information immediately. The copy of earlier email sent to Oriental Bank of Commerce in May 2005 and June 2005 is adduced herewith for your reference.
Kindly see that the email to Oriental Bank of Commerce is being despatched immediately so that you do not have any reason to justify delay.
Thanking you.
Yours sincerely,
Pankaj Mody
( TO ENABLE ANTICORRUPTION BUREAU TO SEND EMAIL IMMEDIATELY, I AM ANNEXING THE DRAFT OF EMAIL THAT CAN BE ADDRESSED BY THE ANTICORRUPTION DEPARTMENT TO THE MANAGEMENT OF ORIENTAL BANK OF COMMERCE . THIS WOULD NOT TAKE MORE THAN AN HOUR TO DESPATCH THE EMAIL )
email addresses :-
knprithviraj@obc.co.in, cmd@obc.co.in, mdmallya @obc.co.in ,madhok@obc.co.in, akmishra@obc.co.in , rh_ahm@obc.co.in, edp_ahm@obc.co.in,vidya.rudra@obcmail.co.in, p.rammohan@obcmail.co.in , cmkhurana@obc.co.in,
To
1. SHRI K N PRITHVIRAJ, THE CHAIRMAN AND MANAGING DIRECTOR
ORIENTAL BANK OF COMMERCE
Head Office Harsha Bhawan, E- Block, Connaught PlaceNew Delhi - 110001
knprithviraj@obc.co.in,
cmd@obc.co.in ,
2. Shri M D MALLYA, The Executive Director, Oriental Bank of Commerce
mdmallya@obc.co.in
3. A K MISHRA , GENERAL MANAGER,
ORIENTAL BANK OF COMMERCE
NEW DELHI
akmishra@obc.co.in
4. 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
5. ORIENTAL BANK OF COMMERCE ( erstwhile Global Trust Bank)
G-2, Samedh, Near Associated Petrol Pump,
C.G.Road,
Ahmedabad - 380006
Ph: +91((79) 2640-5595/96/640-1661 Fax: +91(79) 2640-5597
Email: p.rammohan@obcmail.co.in,
vidya.rudra@obcmail.co.in
PHONE :- 91-79-26405595, FAX- 91-79-26405597
SIR,
This is in reference to the ongoing investigation against Core Healthcare Limited as well as connected bankers and persons as per the directions given by the Sessions Court.
You are hereby requested to extend your full cooperation in the matter by furnishing a detailed reply to the annexed email herewith which was sent to you by Mr.Pankaj S Mody. It appears that you have not given a detailed reply to Pankaj S Mody.
I am adducing copy of email sent some time back by Mr. Pankaj S Mody to the managment of Oriental Bank of Commerce in form of enclosure:-
Kindly extend your cooperation by furnishing a reply by email to the undersigned as well as to Mr. Pankaj Mody by email immedaitely.
Please acknowledge receipt of the present email.
In case, I do not receive a detailed and prompt reply from the management of Oriental Bank of Commerce , I may be constrained to make detailed inquiries.
Thanking you.
YOURS SINCERELY,
On 6/7/05, pankaj mody <modyps@gmail.com> wrote:
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
· Share Registar of Rupmangalam
· Audited balance sheet from 96 onwards in relation to Rupmangalm along with acknowledgment of income tax returns filed and assessment orders.
· 37I permission from the income tax department in relation to the property owned by Rupmangalam in particular.
· Copy of all documents furnished to the Registrar of companies along with copy of acknowledgment from 31-3-95.
· All correspondence with directors and shareholders .
· All correspondence and documents for availing facility from defendant 4.
· Auditor report for share transfer in respect of shares of Rupmangalam Investment
· Audited balance sheet of defendant 1 from 1996 onwards till date.
9. The management of OBC would furnish a detailed explanation of written arguments furnished by the undersigned to the judiciary so as to impart clarity of facts.
http://mediagtbpsm.blogspot.com/2004/10/written-arguments-presented-by-mr-mody.html
http://mediagtbpsm.blogspot.com/2004/09/text-of-written-arguments-on-17-3-2003.html
10. GTB management at the time of appraisal facilites in 1998 is supposed to have studied Core Health Care balance sheets and is supposed to have observed that a case was filed against for recovery of dues and hence, GTB manangement must not have sanctioned term loan facilities at all to Core Health care Ltd.( Directors report of Core Health care for 96-97 referred that … " One of the lenders also took harsh action by initiating legal proceedings." Oriental Bank of officers ought to have taken criminal action against all the concerned officials of GTB in sanctioning the facilities of Core Healthcare and OBC management cannot be a mute spectator and turn a blind eye . Simultaneously OBC has to take criminal action against directors of Core Health care for colluding with the management of GTB.
11. GTB management of the time of appraisal facilities in 1998 must have observed that Core Healthcare had advanced interest-free loan to Technology Finance having Jatin Jalundhwala as the director of Technology Finance. Any prudent and conservative banker would have questioned the Board of Directors of Core Healthcare as to the reason why they are seeking interest bearing loan from GTB where Jatin Jalundhwala is signatory to creation of charge. This establishes collusion of GTB management with this group that GTB is helping them to siphon the funds to be utilized for the purpose other then those for which the loan was sought to be begged for. It would be apparent from the notice given to Core Healthcare on 12-1-2000 The following internet link shows the details :-
http://corehealthcare.blogspot.com/2004/08/notice-served-to-core-health-care-on.html
The extract of reply given by their advocate A D Shah makes it abundantly clear that that Core Healthcare do not have any valid explanation to offer. The reply extract is in form of a comment beneath the notice.
12. GTB management has not been able to explain in their letter dated 21-10-1999 as to the evidence of transfer of constructed portion of bunglow to Rupmanglam Investment Pvt Ltd claimed to be acquired by Dhanyushya Financial as referred in the letter addressed by Pankaj Mody on 24-7-1999 by producing registered sale deed document of constructed portion of bunglow in favour of Dhanyushya.
13. GTB while creating charge on assets of Rupmanglam and Flovin has not deposited the original title deeds of both the companies as per the particulars of documentation furnished to the judiciary and hence the connected GTB officers as well as Jatin JATIN JALUNDHWALA are liable for criminal action for colluding with each other. Why Oriental Bank of Commerce is not taking criminal action on Jatin Jalundhwala who is front man of Sushil Handa. By subjecting Jatin Jalundhwala to close interrogation before police and /or judiciary , various siphoning of funds by Sushil Handa can be found out as Jalundhwala being key employee of Core Health care.
14. How come GTB management at the time of sanction has not obtained auditors report (Kashiparekhs) in form of affidavit confirming that at the time of alleged transfer of companies that , Jatin Jalundhwala and Ameet Desai were truly holding directorship to accept the so called resignation of various mody family members. GTB has not furnished such evidence inspite of notice dated 21-12-99 by the undersigned.
15. It is necessary that OBC shall furnish detailed vigilance findings to the letter addressed to GTB on 24-7-1999. The same is appended here in the form of link as under:-
http://gtbcore.blogspot.com/2004_07_28_gtbcore_archive.html
16. It is necessary that OBC furnishes a detailed reply to the letter addressed by undersigned on 19-5-2004 as referred in the link as under:-
http://gtbcore.blogspot.com/2004_06_06_gtbcore_archive.html
17. GTB as well as Oriental Bank of Commerce cannot blindly and conveniently accept the so called judicial orders of amalgamation of various companies with Span Medicals. It is supposed to collect and verify all the supporting evidences from Jatin Jalundhwala while recording statement of directors of Span Medicals, Mrs Swati Soparkar –advocate who followed the procedures of amalgamation while taking written joint affidavits from Mr. Jatin Jalundhwala and the escrow persons , Mr. Hemant Kashiparekh and Mr. Saurabh Soparkar. When the officers of Oriental Bank of Commerce fails to take such action inspite of knowledge of court proceedings as well as my correspondence to them , then it clearly means that that the management of OBC is deliberately want to infringe on my rights by illegally encroaching and trespassing the immoveable property. In absence of such minute verification it is not ethical as well as legal to grab the possession of immoveable property on pretext that the same is exclusively owned by so called Span Medicals. This shows collusion of officers of Oriental Bank of Commerce to openly carry the loot.
18. What prevents OBC to take criminal action on Sushil Handa and Jatin Jalundhwala to attend the criminal defamation case 3326/99 launched by Core Health care in light of email to OBC on 27-12-2004 and thereby compel them to arrange other collateral while handing over the possession to the undersigned in light of the email sent to OBC on 27-12-2004.
19. You shall furnish copy of all the documents filed with ROC as regards to Core Health care , Dhanyushya Financial , Rupmangalam, Flovin, Span Medicals from 1996 onwards referring the details of document number and the date of creation of document with ROC.
20. GTB management has not demanded from Dhanyushya and Jalundhwala 37-I permission under Chapter XX- C OF THE Income Tax Act for showing constructed portion of bunglow property in Dhanyushaya which exclusively belonged to Rupmanglam as per the charge documents created and filed with ROC. In absence of 37-I permission the transfer of constructed property to Dhanyushya is void ab initio.
.
Pankaj Mody
( TO ENABLE ANTICORRUPTION BUREAU TO SEND EMAIL IMMEDIATELY, I AM ANNEXING THE DRAFT OF EMAIL THAT CAN BE ADDRESSED BY THE ANTICORRUPTION DEPARTMENT TO THE MANAGEMENT OF ORIENTAL BANK OF COMMERCE . THIS WOULD NOT TAKE MORE THAN AN HOUR TO DESPATCH THE EMAIL )
email addresses :-
knprithviraj@obc.co.in, cmd@obc.co.in, mdmallya @obc.co.in ,madhok@obc.co.in, akmishra@obc.co.in , rh_ahm@obc.co.in, edp_ahm@obc.co.in,vidya.rudra@obcmail.co.in, p.rammohan@obcmail.co.in , cmkhurana@obc.co.in,
To
1. SHRI K N PRITHVIRAJ, THE CHAIRMAN AND MANAGING DIRECTOR
ORIENTAL BANK OF COMMERCE
Head Office Harsha Bhawan, E- Block, Connaught PlaceNew Delhi - 110001
knprithviraj@obc.co.in,
cmd@obc.co.in ,
2. Shri M D MALLYA, The Executive Director, Oriental Bank of Commerce
mdmallya@obc.co.in
3. A K MISHRA , GENERAL MANAGER,
ORIENTAL BANK OF COMMERCE
NEW DELHI
akmishra@obc.co.in
4. 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
5. ORIENTAL BANK OF COMMERCE ( erstwhile Global Trust Bank)
G-2, Samedh, Near Associated Petrol Pump,
C.G.Road,
Ahmedabad - 380006
Ph: +91((79) 2640-5595/96/640-1661 Fax: +91(79) 2640-5597
Email: p.rammohan@obcmail.co.in,
vidya.rudra@obcmail.co.in
PHONE :- 91-79-26405595, FAX- 91-79-26405597
SIR,
This is in reference to the ongoing investigation against Core Healthcare Limited as well as connected bankers and persons as per the directions given by the Sessions Court.
You are hereby requested to extend your full cooperation in the matter by furnishing a detailed reply to the annexed email herewith which was sent to you by Mr.Pankaj S Mody. It appears that you have not given a detailed reply to Pankaj S Mody.
I am adducing copy of email sent some time back by Mr. Pankaj S Mody to the managment of Oriental Bank of Commerce in form of enclosure:-
Kindly extend your cooperation by furnishing a reply by email to the undersigned as well as to Mr. Pankaj Mody by email immedaitely.
Please acknowledge receipt of the present email.
In case, I do not receive a detailed and prompt reply from the management of Oriental Bank of Commerce , I may be constrained to make detailed inquiries.
Thanking you.
YOURS SINCERELY,
On 6/7/05, pankaj mody <modyps@gmail.com> wrote:
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
· Share Registar of Rupmangalam
· Audited balance sheet from 96 onwards in relation to Rupmangalm along with acknowledgment of income tax returns filed and assessment orders.
· 37I permission from the income tax department in relation to the property owned by Rupmangalam in particular.
· Copy of all documents furnished to the Registrar of companies along with copy of acknowledgment from 31-3-95.
· All correspondence with directors and shareholders .
· All correspondence and documents for availing facility from defendant 4.
· Auditor report for share transfer in respect of shares of Rupmangalam Investment
· Audited balance sheet of defendant 1 from 1996 onwards till date.
9. The management of OBC would furnish a detailed explanation of written arguments furnished by the undersigned to the judiciary so as to impart clarity of facts.
http://mediagtbpsm.blogspot.com/2004/10/written-arguments-presented-by-mr-mody.html
http://mediagtbpsm.blogspot.com/2004/09/text-of-written-arguments-on-17-3-2003.html
10. GTB management at the time of appraisal facilites in 1998 is supposed to have studied Core Health Care balance sheets and is supposed to have observed that a case was filed against for recovery of dues and hence, GTB manangement must not have sanctioned term loan facilities at all to Core Health care Ltd.( Directors report of Core Health care for 96-97 referred that … " One of the lenders also took harsh action by initiating legal proceedings." Oriental Bank of officers ought to have taken criminal action against all the concerned officials of GTB in sanctioning the facilities of Core Healthcare and OBC management cannot be a mute spectator and turn a blind eye . Simultaneously OBC has to take criminal action against directors of Core Health care for colluding with the management of GTB.
11. GTB management of the time of appraisal facilities in 1998 must have observed that Core Healthcare had advanced interest-free loan to Technology Finance having Jatin Jalundhwala as the director of Technology Finance. Any prudent and conservative banker would have questioned the Board of Directors of Core Healthcare as to the reason why they are seeking interest bearing loan from GTB where Jatin Jalundhwala is signatory to creation of charge. This establishes collusion of GTB management with this group that GTB is helping them to siphon the funds to be utilized for the purpose other then those for which the loan was sought to be begged for. It would be apparent from the notice given to Core Healthcare on 12-1-2000 The following internet link shows the details :-
http://corehealthcare.blogspot.com/2004/08/notice-served-to-core-health-care-on.html
The extract of reply given by their advocate A D Shah makes it abundantly clear that that Core Healthcare do not have any valid explanation to offer. The reply extract is in form of a comment beneath the notice.
12. GTB management has not been able to explain in their letter dated 21-10-1999 as to the evidence of transfer of constructed portion of bunglow to Rupmanglam Investment Pvt Ltd claimed to be acquired by Dhanyushya Financial as referred in the letter addressed by Pankaj Mody on 24-7-1999 by producing registered sale deed document of constructed portion of bunglow in favour of Dhanyushya.
13. GTB while creating charge on assets of Rupmanglam and Flovin has not deposited the original title deeds of both the companies as per the particulars of documentation furnished to the judiciary and hence the connected GTB officers as well as Jatin JATIN JALUNDHWALA are liable for criminal action for colluding with each other. Why Oriental Bank of Commerce is not taking criminal action on Jatin Jalundhwala who is front man of Sushil Handa. By subjecting Jatin Jalundhwala to close interrogation before police and /or judiciary , various siphoning of funds by Sushil Handa can be found out as Jalundhwala being key employee of Core Health care.
14. How come GTB management at the time of sanction has not obtained auditors report (Kashiparekhs) in form of affidavit confirming that at the time of alleged transfer of companies that , Jatin Jalundhwala and Ameet Desai were truly holding directorship to accept the so called resignation of various mody family members. GTB has not furnished such evidence inspite of notice dated 21-12-99 by the undersigned.
15. It is necessary that OBC shall furnish detailed vigilance findings to the letter addressed to GTB on 24-7-1999. The same is appended here in the form of link as under:-
http://gtbcore.blogspot.com/2004_07_28_gtbcore_archive.html
16. It is necessary that OBC furnishes a detailed reply to the letter addressed by undersigned on 19-5-2004 as referred in the link as under:-
http://gtbcore.blogspot.com/2004_06_06_gtbcore_archive.html
17. GTB as well as Oriental Bank of Commerce cannot blindly and conveniently accept the so called judicial orders of amalgamation of various companies with Span Medicals. It is supposed to collect and verify all the supporting evidences from Jatin Jalundhwala while recording statement of directors of Span Medicals, Mrs Swati Soparkar –advocate who followed the procedures of amalgamation while taking written joint affidavits from Mr. Jatin Jalundhwala and the escrow persons , Mr. Hemant Kashiparekh and Mr. Saurabh Soparkar. When the officers of Oriental Bank of Commerce fails to take such action inspite of knowledge of court proceedings as well as my correspondence to them , then it clearly means that that the management of OBC is deliberately want to infringe on my rights by illegally encroaching and trespassing the immoveable property. In absence of such minute verification it is not ethical as well as legal to grab the possession of immoveable property on pretext that the same is exclusively owned by so called Span Medicals. This shows collusion of officers of Oriental Bank of Commerce to openly carry the loot.
18. What prevents OBC to take criminal action on Sushil Handa and Jatin Jalundhwala to attend the criminal defamation case 3326/99 launched by Core Health care in light of email to OBC on 27-12-2004 and thereby compel them to arrange other collateral while handing over the possession to the undersigned in light of the email sent to OBC on 27-12-2004.
19. You shall furnish copy of all the documents filed with ROC as regards to Core Health care , Dhanyushya Financial , Rupmangalam, Flovin, Span Medicals from 1996 onwards referring the details of document number and the date of creation of document with ROC.
20. GTB management has not demanded from Dhanyushya and Jalundhwala 37-I permission under Chapter XX- C OF THE Income Tax Act for showing constructed portion of bunglow property in Dhanyushaya which exclusively belonged to Rupmanglam as per the charge documents created and filed with ROC. In absence of 37-I permission the transfer of constructed property to Dhanyushya is void ab initio.
.
posted by mody at 7:48 AM
0 Comments:
Post a Comment
<< Home