E MAIL TO FINANCE MINISTRY ON 27-12-2004
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Date: Mon, 27 Dec 2004 01:48:38 -0800 (PST)
From: "pankaj mody"
Subject: LETTER CUM CONSTRUED NOTICE TO THE FINANCE MINISTER –DEPARTMENT OF ECONOMIC AFFAIRS, RBI, OBC ABOUT MY DOCUMENT OF LIS PENDENS FILED WITH SUBREGISTAR IN RESPECT OF ILLEGAL CHARGE IMMOVEABLE PROPERTY BY GTB
To: rmohan@nic.in, p.shome@finance.nic.in, cea@finance.nic.in, helpdbod@rbi.org.in, helpmpd@rbi.org.in,
helpahmedabad@rbi.org.in, obc@obcindia.com, presidentofindia@rb.nic.in, cec@eci.gov.in, "transparency international", "transparencyinternational" , cm@gujaratindia.com, "sucheta dalal"
CC: whistle-gtb@googlegroups.com
LETTER CUM CONSTRUED NOTICE TO THE FINANCE MINISTER –DEPARTMENT OF ECONOMIC AFFAIRS, RBI, OBC ABOUT MY DOCUMENT OF LIS PENDENS FILED WITH SUBREGISTAR IN RESPECT OF ILLEGAL CHARGE IMMOVEABLE PROPERTY final plot 768/10 near parimal rly crossing in ahmedabad
FROM:-
PANKAJ S. MODY
40 BMM SOCIETY
PALDI, AHMEDABAD 380 006
EMAIL:- psmody@yahoo.com
modyps@gmail.com
DATED:- 27-12-2004
TO :-
1. HONORABLE FINANCE MINISTER, MR. P.CHIDAMBARAM ,
SERVED THROUGH :-
rmohan@nic.in,
4. THE HEAD ,
ORIENTAL BANK OF COMMERCE
C G ROAD
NAVRANGPURA
AHMEDABAD
SIR,
SUBJECT:- ILLEGAL MERGER OF GTB WITH OBC- THIS MERGER BEING THOUGHTLESS AND HARMFUL TO THE INVESTORS ETC. MY PENDING CITY CIVIL CASE VIDE SUIT 5827/2001 IN BHADRA COURT AGAISNT GTB AND OTHERS.AND INTIMATION OF MY FILING OF LIS PENDENS DOCUMENT AS REGARDS IMMOVEABLE PROPERTY FINAL PLOT 768/10 IN CHADAVAD , NEAR PARIMAL RLY CROSSING IN AHMEDABAD
ADDITIONAL REFERENCES PERTAINING TO PRESENT LETTER CAN BE ACCESSED BY VISITNG INTERNET URL
http://groups-beta.google.com/group/WHISTLE-GTB
(Additional details would be posted on the googlegroup site from time to time by the whistleblower himself.)
OR SENDING EMAIL TO OWNER OF THE SITE:-
WHISTLE-GTB@googlegroups.com
MY REFERENCE:- My recent email to the Finance Ministry as adduced herewith pursuant to acknowledgement received by me from the President’s Secretariat vide number P1/c-84331 on 29-9-2004
Till date, I have not received reply to my emails sent to RBI in regards to objections raised by me and even forwarded by His Excellency to the Finance Ministry. Till date, I have not received reply to the email sent the Finance Ministry as appended herewith even when a copy was marked to His Excellency. This shows utter indifference and showing disrespect to the President of India . Over and my past messages , I look forward to your reply and actions in light of my present letter-cum –construed notice serve to all of you in light to the notes as under:-.
1. 1. I would like to draw your attention to the following facts for your information and action as ORIENTAL BANK OF COMMERCE has taken over GLOBAL TRUST BANK and is planning a public issue to augment additional funds from the public and OBC’s board meeting is taking place on December 28,2004 as announced in media. It is necessary for sake of complete transparency to the public- Finance Ministry, RBI ,OBC would divulge the contents of the present letter to media for the sake of full transparency as well as for my natural right to information. It is necessary that all the directors of OBC,RBI –individually would give initial observation to why they would want to raise additional resources from public without disclosing the full facts in view of the current letter addressed in the present letter. As, I am a whistleblower in GTB banking fraud, it is the responsibility of the Finance Minister , Reserve Bank of India as well as Home Minister of India to arrange full protection and full legal cost for my defense as well as testimony/witness as a whistleblower. As the stakes are large, my survival is crucial and as the Finance Minister has expressed and promised that he would take criminal action on the management of GTB by end of December 2004. My matter is ideal case matter to take criminal action on GTB management , once they make written submissions and subject themselves to interrogation .
2. Till date , the Finance Minister has failed to initiate criminal proceedings against Ramesh Gelli and management of GTB inspite of his promise to do so by the end of this month in the matter as communicated by the President of India way back around September 2004 to Department of Economic Affairs. Silence amounts to fraud , where there is duty to speak. Any promises madE, without any intention to perform the same constitutes fraud. Thus the Finance Minister has knowingly indulged in the fraud. THE SHAKUNI FINANCE MINISTER HAS TACITLY GIVEN MESSAGE of “ Main Hoon Nah” TO DUSHASHANAS LIKE RAMESH GELLI AND SAURABH SOPARKAR AND SUSHIL HANDA TO STRIP CITIZEN –DRAUPADIS WHEN HE KNOWS THAT BHISMAPITAMAH IS TOO NAÏVE AND MILD A PERSON TO UNDERSTAND SWIFT AND SLY MOVES OF A SHAKUNI. IF FINANCE MINISTER AND ALL OF YOU WERE NOT SHAKUNIS , YOU WOULD HAVE GIVEN A PROMPT AND DETAILED REPLY TO THE FILE SENT BY THE PRESIDENT OF INDIA FOR FURTHER ACTION AND FINDINGS EVEN AFTER MY EMAIL TO FINANCE MINISTRY WITH A COPY MARKED TO PRESIDENT OF INDIA. THIS IS THE KIND OF RESPECT YOU GIVE TO THE OFFICE OP PRESIDENT OF INDIA.
3. The background information in nutshell is narrated as under and I reserve my right to add additional issues at appropriate time:-
a) I had addressed a private and confidential letter as back as on 24-7-1999 (refer googlegroup site) to the vigilance department of Global Trust Bank in view of fabricated and fraudulent charge created by Mr. Jatin Jalundhwala , an employee of Core HealthCare Ltd for a sum of Rs 12.5 crores by creating charge on immoveable property owned by Rupmanglam Investment Private Limited and located near Parimal Rly crossing, near Doctor House in Ahmedabad. The property is in form of huge bunglow in a posh locality at the cross roads of chappal bazaar and road leading to New Sharda Mandir. The said letter referred notices served to me by advocate , Mr. Ashok D. Shah without divulging the fact and by withholding the material facts, that the charge was created by Dhanyushya Financial Pvt Ltd as well as Jatin Jalundhwala on the immvoeable property way back in August 1998 through Global Trust Bank for Rs 11.00 crores to be extended to Core Health care Ltd.
b) . The top management of GTB at the time of appraisal and sanction of term loan in August 1998 to Core HeatlhCare Ltd as part of prudent, cautious and conservative banking norms –
4. The criminal defamation case 3326/99 launched by Core Healthcare is coming up on the board presumably on 30-12-2004 or 31-12-2004 in the Metropolitan Court-15,Meghani Nagar, Ahmedabad. Hence, in the view of my present letter-cum-construed notice to the Finance Ministry , OBC , RBI and that in light of Mr. P. Chidambaram promising criminal action against all those who are guilty in GTB collapse ,all of you MUST TAKE FOLLOWING ACTIONS OF SUBMISIONS BEFORE METROPOLITAN COURT-15 IN CRIMINAL DEFAMATION CASE 3326/99 filed against me , in light of my present letter cum construed notice:-
a) to deposit to the court-15 all documentary evidences to the metropolitan court as well as furnish a copy to me as referred in the appeal from order 176/2003 in Gujarat High Court as well as referred in suit 5827/2001 and which have been deliberately avoided.
b) TO file BEFORE METROPOLITAN COURT-15 written affidavit from Jalundhwala , and all the concerned officers of GTB as to how Mr. Jatin Jalundhwala has claimed ownership on the strength of memorandum of understanding between shareholders of Rupmanglam Investment and Dhanyushya Financial Pvt Ltd especially when both Mr. Saruabh Soparkar and Mr. Hemant Kashiparekh have denied their role and presence as escrow persons and have denied any parting of the all the necessary documents of ownership to Mr. Jatin Jalundhwala / Dhanyushya Financial Pvt Ltd as specified in the memorandum of understanding and discussed with the escrow persons from time to time.
c) that you shall take measures to produce and record the statement of the management of GTB who were involved in appraisal ,sanction, and disbursement of term loan to Core Healthcare at the instance of Jatin Jalundhwala latest by 31-12-2004 before the Metropolitan court and copy emailed to me latest by 30-12-2004 by email to me.
d) to produce and record the statement of the management of GTB who made vigilance inquiries pursuant to my letter dated 24-7-1999 to GTB including Ramesh Gelli and S R Krishnamurthy by producing them before the Metropolitan court 15 latest by 31-12-2004,
e) to produce and record statement of Jatin Jalundhwala , Mr. Ameet Desai , Mr. Hemant Kashiparekh, Mr. Saurabh N. Soparkar , Mr. Sushil Handa , Mr. Ashok D Shah and the committee members of Bar Council of Gujarat by making necessary arrangement that they remain present in the Metropolitan court 15. Please note that failure to do so will be construed that your bonafides are not transparent.
f) I reserve my right to call for additional persons in the courts as and when necessary.
5. It is necessary that the public has right to know all the facts before a public offer is being made by OBC for fresh investment and it is expected that there is full transparency from your part so that the public does not fooled of making investment in shares. The present letter is being circulated amongst media.
6. If you fail to take such initiative , then, I reserve my right to take criminal action as well as other legal action as advised on account of suppression of material facts against all connected persons as well as action against all who have failed to perform their duty in my personal interest as well as public interest at your cost , consequences and damages.
7. By this letter –cum –construed notice , I am informing that you shall inform the public while making offer document for inviting public as regards my pending suit and with a right to claim unspecified amount of damages for illegal retention of charge on the immoveable property in case you do not vacate the charge immediately.
8. In view of my present letter-cum-construed notice , I demand that you immediately vacate illegal charge on the bunglow as RBI has not been able to give me detailed findings in light of my email on objections raised on 7-8-2004 to RBI , till date in light of my pending suit prior to announcement of GTB collapse.
9. I call upon you by this letter-cum-construed notice that The Finance Ministry , Reserve Bank of India, Oriental Bank of Commerce shall see to it that the following persons are called upon to produce following persons in the metropolitan court-15 at the time of upcoming date in Metropolitan court -15 of Meghaninagar on 31-12-2004 as a first step to expose crooks in GTB and the borrowers:-
a. Mr. Jatin Jalundhwala
b. Mr. Saurabh Soparkar
c. Mr. Hemant Kashiparekh
d. Mr. Sushil Handa
e. Mr. Ameet Desai
f. Mr. Nimish Shah, auditor of Core Health care
g. Mr. Bharat Shah, auditor of Core Healthcare
h. Mr. Ramesh Gelli
i. Mr. S.R. Krishnamurthy
j. Mrs. Swati Soparkar
k. All the persons from GTB who were associated with apparaisal , sanction ,creation of charge and associated with vigilance inquiries
l. Mr. U.P. Singh , Director General of Income Tax-Investigation and Chief Commissioner of Income Tax , Gujarat
m. Advocate Mr. Ashok D Shah along with his colleague Kiran Bhrambhatt
n. GTB officials who filed affidavit in city civil court
o. Mr. K.C. Gandhi working for Core Heatlhcare group
p. Committee members of Bar Council of Gujarat who were associated with handling of the complaint filed against Mr. Saurabh Soparkar in September 2002.
q. Signatory to the affidavit filed on behalf of Span Medicals Ltd along with affidavit of kashiparekh, soparkars, and shah and shah associates, that they are personally satisfied about legal onership of rupmanglam and flovin belonging to span medicals.
10. The contents of the letter is being also released to reporters as well as media.
11. In case, you fail to give detailed reasoned forthwith along with complete documentary evidence and recording of the statement all of you have stolen the immoveable property and all are liable for criminal action.
12. I reserve my right to raise pertinent necessary information as and when it is necessary.
Yours sincerely,
Pankaj s mody
as note that various letters are referred in
http://groups-beta.google.com/group/WHISTLE-GTB
The url link referred refers letters dated 24-7-99, 21-10-99, 21-12-99, 12-1-2000, 19-5-2004, 14-6-2004, 26-7-2004 , 7-8-2004, 16-9-2004, 21-09-2004, 22-09-2004, etc
ANNEXURES:-
LETTER ADDRESSED TO GTB ON 14-6-2004 INFORMING ABOUT MY DOCUMENT OF LIS PENDENS FILED WITH SUB REGISTAR
From:
PANKAJ S MODY
2ND FLOOR
40 BMM SOCIETY
AHMEDABAD 380 006
14-06-2004
To:
THE HEAD
GLOBAL TRUST BANK
C G ROAD
AHMEDABAD 380 006
Date: Mon, 27 Dec 2004 01:48:38 -0800 (PST)
From: "pankaj mody"
Subject: LETTER CUM CONSTRUED NOTICE TO THE FINANCE MINISTER –DEPARTMENT OF ECONOMIC AFFAIRS, RBI, OBC ABOUT MY DOCUMENT OF LIS PENDENS FILED WITH SUBREGISTAR IN RESPECT OF ILLEGAL CHARGE IMMOVEABLE PROPERTY BY GTB
To: rmohan@nic.in, p.shome@finance.nic.in, cea@finance.nic.in, helpdbod@rbi.org.in, helpmpd@rbi.org.in,
helpahmedabad@rbi.org.in, obc@obcindia.com, presidentofindia@rb.nic.in, cec@eci.gov.in, "transparency international"
CC: whistle-gtb@googlegroups.com
LETTER CUM CONSTRUED NOTICE TO THE FINANCE MINISTER –DEPARTMENT OF ECONOMIC AFFAIRS, RBI, OBC ABOUT MY DOCUMENT OF LIS PENDENS FILED WITH SUBREGISTAR IN RESPECT OF ILLEGAL CHARGE IMMOVEABLE PROPERTY final plot 768/10 near parimal rly crossing in ahmedabad
FROM:-
PANKAJ S. MODY
40 BMM SOCIETY
PALDI, AHMEDABAD 380 006
EMAIL:- psmody@yahoo.com
modyps@gmail.com
DATED:- 27-12-2004
TO :-
1. HONORABLE FINANCE MINISTER, MR. P.CHIDAMBARAM ,
SERVED THROUGH :-
rmohan@nic.in,
4. THE HEAD ,
ORIENTAL BANK OF COMMERCE
C G ROAD
NAVRANGPURA
AHMEDABAD
SIR,
SUBJECT:- ILLEGAL MERGER OF GTB WITH OBC- THIS MERGER BEING THOUGHTLESS AND HARMFUL TO THE INVESTORS ETC. MY PENDING CITY CIVIL CASE VIDE SUIT 5827/2001 IN BHADRA COURT AGAISNT GTB AND OTHERS.AND INTIMATION OF MY FILING OF LIS PENDENS DOCUMENT AS REGARDS IMMOVEABLE PROPERTY FINAL PLOT 768/10 IN CHADAVAD , NEAR PARIMAL RLY CROSSING IN AHMEDABAD
ADDITIONAL REFERENCES PERTAINING TO PRESENT LETTER CAN BE ACCESSED BY VISITNG INTERNET URL
http://groups-beta.google.com/group/WHISTLE-GTB
(Additional details would be posted on the googlegroup site from time to time by the whistleblower himself.)
OR SENDING EMAIL TO OWNER OF THE SITE:-
WHISTLE-GTB@googlegroups.com
MY REFERENCE:- My recent email to the Finance Ministry as adduced herewith pursuant to acknowledgement received by me from the President’s Secretariat vide number P1/c-84331 on 29-9-2004
Till date, I have not received reply to my emails sent to RBI in regards to objections raised by me and even forwarded by His Excellency to the Finance Ministry. Till date, I have not received reply to the email sent the Finance Ministry as appended herewith even when a copy was marked to His Excellency. This shows utter indifference and showing disrespect to the President of India . Over and my past messages , I look forward to your reply and actions in light of my present letter-cum –construed notice serve to all of you in light to the notes as under:-.
1. 1. I would like to draw your attention to the following facts for your information and action as ORIENTAL BANK OF COMMERCE has taken over GLOBAL TRUST BANK and is planning a public issue to augment additional funds from the public and OBC’s board meeting is taking place on December 28,2004 as announced in media. It is necessary for sake of complete transparency to the public- Finance Ministry, RBI ,OBC would divulge the contents of the present letter to media for the sake of full transparency as well as for my natural right to information. It is necessary that all the directors of OBC,RBI –individually would give initial observation to why they would want to raise additional resources from public without disclosing the full facts in view of the current letter addressed in the present letter. As, I am a whistleblower in GTB banking fraud, it is the responsibility of the Finance Minister , Reserve Bank of India as well as Home Minister of India to arrange full protection and full legal cost for my defense as well as testimony/witness as a whistleblower. As the stakes are large, my survival is crucial and as the Finance Minister has expressed and promised that he would take criminal action on the management of GTB by end of December 2004. My matter is ideal case matter to take criminal action on GTB management , once they make written submissions and subject themselves to interrogation .
2. Till date , the Finance Minister has failed to initiate criminal proceedings against Ramesh Gelli and management of GTB inspite of his promise to do so by the end of this month in the matter as communicated by the President of India way back around September 2004 to Department of Economic Affairs. Silence amounts to fraud , where there is duty to speak. Any promises madE, without any intention to perform the same constitutes fraud. Thus the Finance Minister has knowingly indulged in the fraud. THE SHAKUNI FINANCE MINISTER HAS TACITLY GIVEN MESSAGE of “ Main Hoon Nah” TO DUSHASHANAS LIKE RAMESH GELLI AND SAURABH SOPARKAR AND SUSHIL HANDA TO STRIP CITIZEN –DRAUPADIS WHEN HE KNOWS THAT BHISMAPITAMAH IS TOO NAÏVE AND MILD A PERSON TO UNDERSTAND SWIFT AND SLY MOVES OF A SHAKUNI. IF FINANCE MINISTER AND ALL OF YOU WERE NOT SHAKUNIS , YOU WOULD HAVE GIVEN A PROMPT AND DETAILED REPLY TO THE FILE SENT BY THE PRESIDENT OF INDIA FOR FURTHER ACTION AND FINDINGS EVEN AFTER MY EMAIL TO FINANCE MINISTRY WITH A COPY MARKED TO PRESIDENT OF INDIA. THIS IS THE KIND OF RESPECT YOU GIVE TO THE OFFICE OP PRESIDENT OF INDIA.
3. The background information in nutshell is narrated as under and I reserve my right to add additional issues at appropriate time:-
a) I had addressed a private and confidential letter as back as on 24-7-1999 (refer googlegroup site) to the vigilance department of Global Trust Bank in view of fabricated and fraudulent charge created by Mr. Jatin Jalundhwala , an employee of Core HealthCare Ltd for a sum of Rs 12.5 crores by creating charge on immoveable property owned by Rupmanglam Investment Private Limited and located near Parimal Rly crossing, near Doctor House in Ahmedabad. The property is in form of huge bunglow in a posh locality at the cross roads of chappal bazaar and road leading to New Sharda Mandir. The said letter referred notices served to me by advocate , Mr. Ashok D. Shah without divulging the fact and by withholding the material facts, that the charge was created by Dhanyushya Financial Pvt Ltd as well as Jatin Jalundhwala on the immvoeable property way back in August 1998 through Global Trust Bank for Rs 11.00 crores to be extended to Core Health care Ltd.
b) . The top management of GTB at the time of appraisal and sanction of term loan in August 1998 to Core HeatlhCare Ltd as part of prudent, cautious and conservative banking norms –
(i) could have sought written explanation from Core as well as Jatin Jalundhwala as to the reason why Core Health Care would go for interest bearing term loan from GTB through Jatin Jalundhwala creating a charge on the assets of Rupmanglam Investment Pvt Ltd especially, when Core Heatlh care Ltd had give INTEREST FREE HUGE LOAN amounting to over Rs 39.00 crores (refer googlegroup site) link) to its subsidiary –Technology Finance Ltd showing Jatin Jalundhwala and Ameet desai the directors of Technology Finance
(ii)would have refused loan to Core Health Care a term loan in August 1998 in view of media reports that winding up petition field on Core Heatlh Care Ltd by American Express and also on verifying the audited balance sheet of CoreHealth Care at the time of sanctioning of term loan of Rs 11.00 crores which depicted pending case against Core Heatlh Care Ltd.
c) After several reminders, Mr. S.R.Krishnamurthy, Head of GTB in Ahmedabad, submitted a vague reply on 21-10-1999(refer link) which tacitly accepted my presence as director of Rupmangalam Investment Private Ltd as he did not refute my directorship as claimed in my letter dated 24-7-1999. He tacitly accepted that I along with my family members continue to be the shareholders of Rupmanglam Investment Private Ltd (Mr. S.R. Krisnamurthy was sacked as per the press report given by GTB in year 2002 for serious lapses on his part).
d) GTB management got scared and handed over my confidential letter dated 24-7-1999 to Core Healthcare Ltd and they have filed defamation criminal case against me and they shall produce necessary sahids/witnesses in form of Mr. Jatin Jalundhwala as well as management of GTB for furnishing necessary evidence in their favour. Core Healthcare Ltd has not been attending metropolitan court nor their advocate Mr. KiranBhrambhatt is attending the metropolitan court is attending the court –15 nor have they been able to adduce all the necessary evidence in support of creation of charge on the immoveable property owned by Rupmanglam Investment Private Ltd.
e) I had issued notice to GTB on 21-12-1999 (refer google site) and which was not replied by the bank as regards to the authority and power of Mr. Jatin Jalundhwala to create charge on the property.
f) In this connection , I had filed civil suit 5827/2001 in the city civil court of Ahmedabad against Global Trust Bank, Core Healthcare, Jatin Jalundhawala and Dhanyushay Financial Pvt Ltd and the same is pending before the court. Till date the bank has not been able to adduce evidence specifically called for in the said suit.
g) I would like to draw your attention to the fact that Mr. Jatin Jalundhwala has furnished a copy of written affidavit to the City civil court referring to the conditions of memorandum of understanding stating to the conditions of MOU stating presence of escrow persons of Mr. Hemant Kashiparekh and Mr. Saurabh N Soparkar and without their written consent and my written consent, had no authority to hand over the documents of ownership of shares, transfer deeds and control in form of directorship of Rupmanglam Investment Private Ltd. However, Dhanyushya , Jatin Jalundhwala , Core Heatlh care and GTB failed to furnish written confirmation from the escrow persons consisting of Mr. Saurabh Soparkar and Mr. Hemant Kashiparekh that they have handed over the documents of ownership to them.
h) Both Mr. Soparkar and Mr. Kashiparekh in their reply, have denied that they have given documents of ownership confirming that Rupmanglam Ltd is controlled by Jatin Jalundhwala sufficiently enough to create charge on the immoveable property owned Rupmanglam Investment and there absence of presence as escrows contradicts with the affidavit filed by Jatin Jalundhwala in the city civil court 5827/2001 which shows the presence of escrow persons consisting of Mr. Kashiparekh and Mr. Soparkar. In view of such a situation, it is necessary to record the statement of GTB management so as to file criminal cases against all of them starting from Ramesh Gelli after recording their statement, as the bank was hand in collusion with them. It is necessary for all of you to expose them in light of P. Chidamabram wanting to take criminal action against all responsible in the frauds.
i) In this connection, I have written letter addressed to Global Trust Bank, CG Road on 19-5-2004 (refer my googlesite) and the same was not replied by the bank for obvious reasons nor did they take any criminal action against Mr. Jatin Jalundhwala,Core healthcare Ltd and other for their fraudulent acts on their part.
j) The contents of my letter dated 19-5-2004(refer googlegroup) were brought to the notice of SEBI VIDE MY EMAIL IN May 2004 and inspite of their knowledge , they did not take any legal action on GTB. The fiancé Ministry cannot turn a blind eye to my sensitive information to SEBI.
k) I had also informed the local branch of CG road of GTB vide my letter dated 14-6-2004 as regards to the Lis Pendens document filed by undersigned with the Sub-Register of Assurances in connection with the immoveable property bearing final plot 768/10 in TP scheme varied 3/5 in Chadavad where I have referred the filing of city civil suit 5827/2001 and the same is pending before the city civil court and the claim of charge creation on the bunglow is disputed.
l) In view of the above referred Lis Pendens documents filed by me on 15-5-04 the creation of charge, the immoveable property is under dispute. In view, of this situation, you cannot use the property for recovery of pending dues from Core Heatlhcare Ltd in any manner ,even by disposing the property in manner or by using it in any manner, then, I would be compelled to take appropriate legal action against Oriental Bank of Commerce as well as concerned officers and top management of Oriental Bank of Commerce which at their own cost and consequence and damages , which please note.
m) In view of my filing of case with City civil court against GTB vide suit 5827/2001, it would not be legal and prudent on the part of the MANAGEMENT Of OBC to acts of fraud committed by management of GTB. This would not augur well for the public image created by OBC in the coming years and besides, the silence as well as filing of fresh affidavits in the courts by OBC would go against you both legally and morally in the eyes of judiciary as well as the society because OBC was not conversant with this particular matter as back as 1999 as OBC was not part of the management team of GTB. On the contrary, OBC based on the documentation done with GTB, substantial reasons and documentary evidence is available with GTB to launch criminal case against Sushil Handa and other directors of CHL. Jatin Jalundhwala, Ameet Desai, Hemant Kashiparekh , Saurabh Soparkar , Swati Soparkar , Bharat Shah and Nimish Shah ( Auditors of Core Healthcare) ,etc on account of the illegal charge created by GTB management . All of you are criminally liable for stealing and grabbing immoveable property on the pretext of amalgamation and by this letter cum-construed –notice , I shall take legal action against all of you for your such illegal act . if necessary.
n) GTB collapsed on 24-7-2004 (saturaday) . The very next day was Sunday and hence, there is no way the government officials as well as management of OBC and management of GTB could have finalized the amalgamation swiftly and in hot hurry and the same is confirmed by a leaflet brought out by AIBEA too who also expose various irregularities and high handedness of RBI too and according to media reports appearing after GTB collapse.
o) As soon as I read the new about the collapse of GTB on 24-7-2004, I had brought it to the specific notice of RBI in Ahmedabad vide brief hand delivered letter on 26-7-2004, followed up by objections raised by me to RBI on 7-8-2004 to the scheme of amalgamation, followed up by another reminder on 16-9-2004 to the RBI (while bringing it to the notice of President of India on 21-9-2004 and 22-9-2004 vide email and the President’s secretariat communicating to the undersigned on 29-9-2004 that the matter has been forwarded to the Secretary, Finance Department and Department of Economic Affairs. None of them have cared to submit to me detailed reply to the objections raised by me as well as members of public as regards to the illegal amalgamation of GTB with OBC nor has the Finance Ministry for almost three months has not bothered to furnish detailed reply and findings to His Excellency, the President of India while marking a copy to me. The Finance Ministry is tarnishing the image of President of India and treating the President as a timid lamb having no existence. The management of OBC need to realize that whatever they collect from GTB which does not belong to GTB in any manner is outright theft by all of you and this act is considered as equivalent to grabbing of immoveable property.
p) In the interview by Ramesh Gelli of GTB to BUSINESS STANDARD AFTER COLLAPSE OF GTB, he has admitted that there has been serious flaws/ irregularities in appraisal and sanction of term loans sanctioned by GTB before March 1999. However, it had nothing to do because he was no more in charge from March 1999 onwards as regards to the affairs of GTB .(However, he tacitly admits that he was in charge at the time of term loan was sanctioned to Core Healthcare Ltd).
q) P Chidamabaram has denied that he exerted any pressure to RBI as regards to amalgamation he decision was solely taken by the directors of RBI and he, (P.Chidambaram) did not have any role to play to take decision in the matter and moreover, he has promised and clarified in the parliament that, hw would take criminal action against all who are found guilty in GTB scam without extending any favour. However, the Finance Minister is now deliberately keeping mum on the subject as he has got vested interest in the matter of protecting Ramesh Gelli, Saurabh Soparkar and sushil Handa.
r) In one of the taxation matters befor Gujarat High Court, P. Chidambaram had appeared along with another advocate Mr. Saurabh N. Soparkar as one of the co-colleague in the matter as apparent. Thus, Shri. P. Chidambaram is out to help his erstwhile advocate colleague Mr. Soparkar by keeping a distance in the matter.
s) At the time of GTB collapse and at the time of announcement of amalgamation, OBC was not aware of any tax benefits for taking over GTB and hence, if any tax benefits are granted by the Finance Ministry, it would be construed that tacit assurance was given by the Finance Ministry to give the benefits to OBC and thereby passing burden to common public by way of inflation and taxes.
t) Even though, AIBEA who had declared strike by the employees of OBC on December 22,2004 for valid reasons , they have been pressurized to withdraw their legitimate agitation and thereby allowing to let go the crooks scot free.
u) Inspite of my valuable information given by me as whistleblower of tax evasion to the Director General of Income tax-Investigation in 1999 followed up by statement in year 2000 hinting the banking fraud in GTB, the past and present Director General of Incometax Investigation did nothing to protect huge tax revenue loss to the government which could have prevented collapse of Madhavpura collapse. The present Director General has done nothing even when the income tax records kept by them in the Insurance Building were lost on account of fire ; inspite of valuable information given to them by me vide my letter dated 3-3-2003. REFFER CORRESPONDENCE WITH INCOME TAX DEPARTMENT VIDE LINk: http://intad.blogspot.com
c) After several reminders, Mr. S.R.Krishnamurthy, Head of GTB in Ahmedabad, submitted a vague reply on 21-10-1999(refer link) which tacitly accepted my presence as director of Rupmangalam Investment Private Ltd as he did not refute my directorship as claimed in my letter dated 24-7-1999. He tacitly accepted that I along with my family members continue to be the shareholders of Rupmanglam Investment Private Ltd (Mr. S.R. Krisnamurthy was sacked as per the press report given by GTB in year 2002 for serious lapses on his part).
d) GTB management got scared and handed over my confidential letter dated 24-7-1999 to Core Healthcare Ltd and they have filed defamation criminal case against me and they shall produce necessary sahids/witnesses in form of Mr. Jatin Jalundhwala as well as management of GTB for furnishing necessary evidence in their favour. Core Healthcare Ltd has not been attending metropolitan court nor their advocate Mr. KiranBhrambhatt is attending the metropolitan court is attending the court –15 nor have they been able to adduce all the necessary evidence in support of creation of charge on the immoveable property owned by Rupmanglam Investment Private Ltd.
e) I had issued notice to GTB on 21-12-1999 (refer google site) and which was not replied by the bank as regards to the authority and power of Mr. Jatin Jalundhwala to create charge on the property.
f) In this connection , I had filed civil suit 5827/2001 in the city civil court of Ahmedabad against Global Trust Bank, Core Healthcare, Jatin Jalundhawala and Dhanyushay Financial Pvt Ltd and the same is pending before the court. Till date the bank has not been able to adduce evidence specifically called for in the said suit.
g) I would like to draw your attention to the fact that Mr. Jatin Jalundhwala has furnished a copy of written affidavit to the City civil court referring to the conditions of memorandum of understanding stating to the conditions of MOU stating presence of escrow persons of Mr. Hemant Kashiparekh and Mr. Saurabh N Soparkar and without their written consent and my written consent, had no authority to hand over the documents of ownership of shares, transfer deeds and control in form of directorship of Rupmanglam Investment Private Ltd. However, Dhanyushya , Jatin Jalundhwala , Core Heatlh care and GTB failed to furnish written confirmation from the escrow persons consisting of Mr. Saurabh Soparkar and Mr. Hemant Kashiparekh that they have handed over the documents of ownership to them.
h) Both Mr. Soparkar and Mr. Kashiparekh in their reply, have denied that they have given documents of ownership confirming that Rupmanglam Ltd is controlled by Jatin Jalundhwala sufficiently enough to create charge on the immoveable property owned Rupmanglam Investment and there absence of presence as escrows contradicts with the affidavit filed by Jatin Jalundhwala in the city civil court 5827/2001 which shows the presence of escrow persons consisting of Mr. Kashiparekh and Mr. Soparkar. In view of such a situation, it is necessary to record the statement of GTB management so as to file criminal cases against all of them starting from Ramesh Gelli after recording their statement, as the bank was hand in collusion with them. It is necessary for all of you to expose them in light of P. Chidamabram wanting to take criminal action against all responsible in the frauds.
i) In this connection, I have written letter addressed to Global Trust Bank, CG Road on 19-5-2004 (refer my googlesite) and the same was not replied by the bank for obvious reasons nor did they take any criminal action against Mr. Jatin Jalundhwala,Core healthcare Ltd and other for their fraudulent acts on their part.
j) The contents of my letter dated 19-5-2004(refer googlegroup) were brought to the notice of SEBI VIDE MY EMAIL IN May 2004 and inspite of their knowledge , they did not take any legal action on GTB. The fiancé Ministry cannot turn a blind eye to my sensitive information to SEBI.
k) I had also informed the local branch of CG road of GTB vide my letter dated 14-6-2004 as regards to the Lis Pendens document filed by undersigned with the Sub-Register of Assurances in connection with the immoveable property bearing final plot 768/10 in TP scheme varied 3/5 in Chadavad where I have referred the filing of city civil suit 5827/2001 and the same is pending before the city civil court and the claim of charge creation on the bunglow is disputed.
l) In view of the above referred Lis Pendens documents filed by me on 15-5-04 the creation of charge, the immoveable property is under dispute. In view, of this situation, you cannot use the property for recovery of pending dues from Core Heatlhcare Ltd in any manner ,even by disposing the property in manner or by using it in any manner, then, I would be compelled to take appropriate legal action against Oriental Bank of Commerce as well as concerned officers and top management of Oriental Bank of Commerce which at their own cost and consequence and damages , which please note.
m) In view of my filing of case with City civil court against GTB vide suit 5827/2001, it would not be legal and prudent on the part of the MANAGEMENT Of OBC to acts of fraud committed by management of GTB. This would not augur well for the public image created by OBC in the coming years and besides, the silence as well as filing of fresh affidavits in the courts by OBC would go against you both legally and morally in the eyes of judiciary as well as the society because OBC was not conversant with this particular matter as back as 1999 as OBC was not part of the management team of GTB. On the contrary, OBC based on the documentation done with GTB, substantial reasons and documentary evidence is available with GTB to launch criminal case against Sushil Handa and other directors of CHL. Jatin Jalundhwala, Ameet Desai, Hemant Kashiparekh , Saurabh Soparkar , Swati Soparkar , Bharat Shah and Nimish Shah ( Auditors of Core Healthcare) ,etc on account of the illegal charge created by GTB management . All of you are criminally liable for stealing and grabbing immoveable property on the pretext of amalgamation and by this letter cum-construed –notice , I shall take legal action against all of you for your such illegal act . if necessary.
n) GTB collapsed on 24-7-2004 (saturaday) . The very next day was Sunday and hence, there is no way the government officials as well as management of OBC and management of GTB could have finalized the amalgamation swiftly and in hot hurry and the same is confirmed by a leaflet brought out by AIBEA too who also expose various irregularities and high handedness of RBI too and according to media reports appearing after GTB collapse.
o) As soon as I read the new about the collapse of GTB on 24-7-2004, I had brought it to the specific notice of RBI in Ahmedabad vide brief hand delivered letter on 26-7-2004, followed up by objections raised by me to RBI on 7-8-2004 to the scheme of amalgamation, followed up by another reminder on 16-9-2004 to the RBI (while bringing it to the notice of President of India on 21-9-2004 and 22-9-2004 vide email and the President’s secretariat communicating to the undersigned on 29-9-2004 that the matter has been forwarded to the Secretary, Finance Department and Department of Economic Affairs. None of them have cared to submit to me detailed reply to the objections raised by me as well as members of public as regards to the illegal amalgamation of GTB with OBC nor has the Finance Ministry for almost three months has not bothered to furnish detailed reply and findings to His Excellency, the President of India while marking a copy to me. The Finance Ministry is tarnishing the image of President of India and treating the President as a timid lamb having no existence. The management of OBC need to realize that whatever they collect from GTB which does not belong to GTB in any manner is outright theft by all of you and this act is considered as equivalent to grabbing of immoveable property.
p) In the interview by Ramesh Gelli of GTB to BUSINESS STANDARD AFTER COLLAPSE OF GTB, he has admitted that there has been serious flaws/ irregularities in appraisal and sanction of term loans sanctioned by GTB before March 1999. However, it had nothing to do because he was no more in charge from March 1999 onwards as regards to the affairs of GTB .(However, he tacitly admits that he was in charge at the time of term loan was sanctioned to Core Healthcare Ltd).
q) P Chidamabaram has denied that he exerted any pressure to RBI as regards to amalgamation he decision was solely taken by the directors of RBI and he, (P.Chidambaram) did not have any role to play to take decision in the matter and moreover, he has promised and clarified in the parliament that, hw would take criminal action against all who are found guilty in GTB scam without extending any favour. However, the Finance Minister is now deliberately keeping mum on the subject as he has got vested interest in the matter of protecting Ramesh Gelli, Saurabh Soparkar and sushil Handa.
r) In one of the taxation matters befor Gujarat High Court, P. Chidambaram had appeared along with another advocate Mr. Saurabh N. Soparkar as one of the co-colleague in the matter as apparent. Thus, Shri. P. Chidambaram is out to help his erstwhile advocate colleague Mr. Soparkar by keeping a distance in the matter.
s) At the time of GTB collapse and at the time of announcement of amalgamation, OBC was not aware of any tax benefits for taking over GTB and hence, if any tax benefits are granted by the Finance Ministry, it would be construed that tacit assurance was given by the Finance Ministry to give the benefits to OBC and thereby passing burden to common public by way of inflation and taxes.
t) Even though, AIBEA who had declared strike by the employees of OBC on December 22,2004 for valid reasons , they have been pressurized to withdraw their legitimate agitation and thereby allowing to let go the crooks scot free.
u) Inspite of my valuable information given by me as whistleblower of tax evasion to the Director General of Income tax-Investigation in 1999 followed up by statement in year 2000 hinting the banking fraud in GTB, the past and present Director General of Incometax Investigation did nothing to protect huge tax revenue loss to the government which could have prevented collapse of Madhavpura collapse. The present Director General has done nothing even when the income tax records kept by them in the Insurance Building were lost on account of fire ; inspite of valuable information given to them by me vide my letter dated 3-3-2003. REFFER CORRESPONDENCE WITH INCOME TAX DEPARTMENT VIDE LINk: http://intad.blogspot.com
4. The criminal defamation case 3326/99 launched by Core Healthcare is coming up on the board presumably on 30-12-2004 or 31-12-2004 in the Metropolitan Court-15,Meghani Nagar, Ahmedabad. Hence, in the view of my present letter-cum-construed notice to the Finance Ministry , OBC , RBI and that in light of Mr. P. Chidambaram promising criminal action against all those who are guilty in GTB collapse ,all of you MUST TAKE FOLLOWING ACTIONS OF SUBMISIONS BEFORE METROPOLITAN COURT-15 IN CRIMINAL DEFAMATION CASE 3326/99 filed against me , in light of my present letter cum construed notice:-
a) to deposit to the court-15 all documentary evidences to the metropolitan court as well as furnish a copy to me as referred in the appeal from order 176/2003 in Gujarat High Court as well as referred in suit 5827/2001 and which have been deliberately avoided.
b) TO file BEFORE METROPOLITAN COURT-15 written affidavit from Jalundhwala , and all the concerned officers of GTB as to how Mr. Jatin Jalundhwala has claimed ownership on the strength of memorandum of understanding between shareholders of Rupmanglam Investment and Dhanyushya Financial Pvt Ltd especially when both Mr. Saruabh Soparkar and Mr. Hemant Kashiparekh have denied their role and presence as escrow persons and have denied any parting of the all the necessary documents of ownership to Mr. Jatin Jalundhwala / Dhanyushya Financial Pvt Ltd as specified in the memorandum of understanding and discussed with the escrow persons from time to time.
c) that you shall take measures to produce and record the statement of the management of GTB who were involved in appraisal ,sanction, and disbursement of term loan to Core Healthcare at the instance of Jatin Jalundhwala latest by 31-12-2004 before the Metropolitan court and copy emailed to me latest by 30-12-2004 by email to me.
d) to produce and record the statement of the management of GTB who made vigilance inquiries pursuant to my letter dated 24-7-1999 to GTB including Ramesh Gelli and S R Krishnamurthy by producing them before the Metropolitan court 15 latest by 31-12-2004,
e) to produce and record statement of Jatin Jalundhwala , Mr. Ameet Desai , Mr. Hemant Kashiparekh, Mr. Saurabh N. Soparkar , Mr. Sushil Handa , Mr. Ashok D Shah and the committee members of Bar Council of Gujarat by making necessary arrangement that they remain present in the Metropolitan court 15. Please note that failure to do so will be construed that your bonafides are not transparent.
f) I reserve my right to call for additional persons in the courts as and when necessary.
5. It is necessary that the public has right to know all the facts before a public offer is being made by OBC for fresh investment and it is expected that there is full transparency from your part so that the public does not fooled of making investment in shares. The present letter is being circulated amongst media.
6. If you fail to take such initiative , then, I reserve my right to take criminal action as well as other legal action as advised on account of suppression of material facts against all connected persons as well as action against all who have failed to perform their duty in my personal interest as well as public interest at your cost , consequences and damages.
7. By this letter –cum –construed notice , I am informing that you shall inform the public while making offer document for inviting public as regards my pending suit and with a right to claim unspecified amount of damages for illegal retention of charge on the immoveable property in case you do not vacate the charge immediately.
8. In view of my present letter-cum-construed notice , I demand that you immediately vacate illegal charge on the bunglow as RBI has not been able to give me detailed findings in light of my email on objections raised on 7-8-2004 to RBI , till date in light of my pending suit prior to announcement of GTB collapse.
9. I call upon you by this letter-cum-construed notice that The Finance Ministry , Reserve Bank of India, Oriental Bank of Commerce shall see to it that the following persons are called upon to produce following persons in the metropolitan court-15 at the time of upcoming date in Metropolitan court -15 of Meghaninagar on 31-12-2004 as a first step to expose crooks in GTB and the borrowers:-
a. Mr. Jatin Jalundhwala
b. Mr. Saurabh Soparkar
c. Mr. Hemant Kashiparekh
d. Mr. Sushil Handa
e. Mr. Ameet Desai
f. Mr. Nimish Shah, auditor of Core Health care
g. Mr. Bharat Shah, auditor of Core Healthcare
h. Mr. Ramesh Gelli
i. Mr. S.R. Krishnamurthy
j. Mrs. Swati Soparkar
k. All the persons from GTB who were associated with apparaisal , sanction ,creation of charge and associated with vigilance inquiries
l. Mr. U.P. Singh , Director General of Income Tax-Investigation and Chief Commissioner of Income Tax , Gujarat
m. Advocate Mr. Ashok D Shah along with his colleague Kiran Bhrambhatt
n. GTB officials who filed affidavit in city civil court
o. Mr. K.C. Gandhi working for Core Heatlhcare group
p. Committee members of Bar Council of Gujarat who were associated with handling of the complaint filed against Mr. Saurabh Soparkar in September 2002.
q. Signatory to the affidavit filed on behalf of Span Medicals Ltd along with affidavit of kashiparekh, soparkars, and shah and shah associates, that they are personally satisfied about legal onership of rupmanglam and flovin belonging to span medicals.
10. The contents of the letter is being also released to reporters as well as media.
11. In case, you fail to give detailed reasoned forthwith along with complete documentary evidence and recording of the statement all of you have stolen the immoveable property and all are liable for criminal action.
12. I reserve my right to raise pertinent necessary information as and when it is necessary.
Yours sincerely,
Pankaj s mody
as note that various letters are referred in
http://groups-beta.google.com/group/WHISTLE-GTB
The url link referred refers letters dated 24-7-99, 21-10-99, 21-12-99, 12-1-2000, 19-5-2004, 14-6-2004, 26-7-2004 , 7-8-2004, 16-9-2004, 21-09-2004, 22-09-2004, etc
ANNEXURES:-
LETTER ADDRESSED TO GTB ON 14-6-2004 INFORMING ABOUT MY DOCUMENT OF LIS PENDENS FILED WITH SUB REGISTAR
From:
PANKAJ S MODY
2ND FLOOR
40 BMM SOCIETY
AHMEDABAD 380 006
14-06-2004
To:
THE HEAD
GLOBAL TRUST BANK
C G ROAD
AHMEDABAD 380 006
posted by mody @ 3:45 PM
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