AUTHORITIES CAN BEGIN WITH LEAD QUESTIONS AS UNDER TO FIND TRUTH!!!

A SOME INITIAL QUESTIONS NEED TO BE POSED TO GTB AND/OR THE CONCERNED OFFICER WHO IS TO LOOK AFTER THE AFFAIRS OF GTB :-

v WHAT IS YOUR REPLY TO LETTER DATED 19-5-2004 TO MODY?

v WHY YOU HAVE IGNORED TO TAKE NECESSARY STEPS AGAINST JALUNDHWALA AND CORE HEALTH CARE ??

v WHY DID YOU RAISE LIMIT FROM 11 CRORES TO 12.5 CRORES WITHIN A SHORT SPAN OF AUGUST 1998 TO MARCH 1999?

v WHY ORIGINAL DOCUMENTS OF RUPMANGALM AND FLOVIN ARE NOT DEPOSITED WHILE CREATING CHARGE ON THE ASSETS OF RUPMANGALAM AND FLOVIN WHILE ONLY ORIGINAL DOCUMENTS OF SALE DEED DONE IN FAVOUR OF DHANYUSHYA HAS BEEN DEPOSITED BY YOU AT THE TIME OF CREATION OF CHARGE?

v WHY YOU WERE NOT CONCERNED TO HAVE YOUR PRESENCE FELT BY HAVING YOURSELF REPRESENTED THROUGH ADVOCATE IN CIVIL REVISION APPLIICATION 25 AND 26 BY AS WELL AS APPEAL FROM ORDER 176 AND CIVIL APPLICATION FILED BY ME.

v IT WOULD HAVE BEEN NATURAL FOR GTB TO HAVE LOOK AT THE B/SHEETOF CHL FOR THE PERIOD ENDING 1997 AND THE B/S HAD ALREAD GIVEN CLUE THAT AMERICAN EXPRESS HAD ALREADY FILED WINIDNG UP PETITION AND THE NEWS HAD ALREADY APPEARED IN NEWSPAPERS IN 1997.WHEN THIS WAS THE POSITION WHAT WAS THE NEED OF EXTENDING LOAN OF RS 11 CRORES TO CORE HEALTH CARE???

v WHY HAS THE BANK NOT BEEN ABLE TO FURNIH VALUATION REPORT IN THE CITY CIVILSUIT 5827/01 WHICH SHOWS THAT VALUATION WAS DONE AND THE VALUER REPORT SHOWED THE PROPERTY ADMEASURING 3000 SQMETERS APPROX AT MARKET VALUATION REPORT OF RS 40,000/SQMETER.

v WHY THE SUBMISSIONS MADE TO CITY CIVIL SUIT 5827/01 DOES NOT REFLECT THAT AT THE TIME OF APPRAISAL AND SANCTION OF PROPOSAL FOR CREATION OF CHARGE THAT ROC RECORDS OF RUPAMANGLAM,FLOVIN,DHANYUSHYA HAD BEEN EXAMINED AND THE COPIES OF THE B/S FOR THE PERIOD ENDNG MARCH 1997 AND MARCH 98 FURNISHED SO AS TO REFLECT FACTS OF THE CASE ??

v WHY CERTIFICATE HAS NOT BEEN FURNISHED FROM THE AUDITORS OF DHANYUSHYA AS WELL AS RUPMANGALM AND FLOVIN THAT THE SHARES AND DIRECTORSHIP FULLY VEST WITH DHANYUSHYA ??


v WHEN THERE WAS STAY ON THE PROPERTY BY THE REVENUED DEPARTMENT AS REFLECTED IN RECORD OF RIGHT IN AUGUST 1998 WHY AS A PRUDENT BANKER DID NOT FOLLOW CONSERVATIVE POLICY FOR REJECTING SUCH APPLICATION IN VIEW OF THE STAY ON THE PROPERTY???

v WHY HAVE YOU NOT FILED AFFIDAVIT IN REPLY IN AFO 176/2003 AND CIVIL APPLICATION 3110/2003???

v GTB’S TACIT SILENCE TO PARA 4 OF MY LETTER TO TH BANK CONFIRMS THAT GTB HAD PERSONAL GUARANTEE OF SUSHIL HANDA AS THEY HAVE NOT DENIED THE SAME.

v .WHY GTB HAS NOT BEEN ABLE TO PRODUCE NECESSARY CERTIFICATES FROM THE AUDITOR KASHIPAREKH OF RUPMANGLAM AND FLOVIN THE PARTICUALRS CALLED FOR IN NOTCE ISSUED TO GTB ON 21-12-1999 ???

v WHO HAS TAKEN THE INITIATVE TO INFORM THE BANKERS ON BEHALF OF BANK???

v HOW COME SUMMARY OF DOCUMENTS FORM MAINTAINED BY GTB (AS FURNISHED TO COURT COMMISSIONER) DOES NOT SHOW DOCUMENTARY EVIDENCE OF RESIGNATION OF MODY FAMILY DIRECTORS.???

exttract of notice served to GTB on 21-12-99 BY MODY THROUGH J J PATEL

THIS IS EXTRACT OF NOTICE THAT WAS SERVED AS BACK AS 21-12-1999,BUT IT WAS NEVER REPLIED BY THE GLOBAL TRUST BANK!!!!

3(a) In case, you are still fully convinced of authority of Mr. Jatin Jalundhwala to mortgage the property, I call upon you and serve notice to you as advocate of Pankaj S Mody to substantiate your claim of legal mortgage,you shall immediately furnish to me complete evidence within 48 hours of this notice in form of notarised Xerox extract of statutory minute book of directors and shareholders from april 1994 to till date depicting evidence of vesting legal board of directors and legal shareholders of Rupmangalam Investment Private Limited and Flovin Plastics Private Limited by collecting the said evidence from Mr. Jatin Jalundhwala.



3(b) You shall also obtain declaration through Mr. Jatin Jalundhwala from the auditor of the company, M/s Kashiparekh and associates that after examination of statutory records in form of minute book maintained by Mr. Jatin Jalundhwala and compliance of various provisions of company law pertaining to private ltd company-Mr. Jatin Jalundhwala has necessary authority to mortgage the property of Rupmanglam Investment Private Limited and Flovin Plastics Private Limited . The audited balance sheets till 31/3/1998 bearing Mr. Jatin Jalundhwala’s signature and the auditor’s signature is enclosed.

3© The evidence collected by you as referred in (a) and (b) shall be provided to me within 48 hours of receipt of this noiice depicting the date of postal despatch on sealed envelope.



In case you fail to send the necessary information in the stipulated period, you shall either file police complaint wit navrangpura police station against Mr. Jatin jalundhwala has failed to furnish evidence as referred in 3(a)and 3(b) required to mortgage the property with the bank ad copy of complaint would be sent within stipulated time limit.


In case you fail to do so, it would be assumed that you are hand in glove with Jatin Jalundhwala to create evidence to regularise the mortgage and you and your bank are also involved in using means of coercion and extortion to create evidence tohelp Mr. Jalundhwala and his associates.


In case you fail to adduce above referred evidence ,then it would be considered that the mortgage was illegal and therefore null and void and this facts would be brought to the concerned authorities of above cases against my client.



===================

LETTER ADDRESSED TO GTB ON 14-6-04

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


SIR,

SUBJECT: MY CIVIL SUIT 5827/2001 PENDING IN CITY CIVIL COURT AGAINST YOU


This is in reference to my above civil suit 5827/2001 pending in city civil court, Ahmedabad.

I would like to draw your attention that I have filed a notice of Lis Pendens before the SubRegistar vide registration number 2171 before the Sub-Registar, Ahmedabad-4 on April 15,2004 referring the above pending suit covering the immoveable property referred there in.

You are hereby informed that it would be illegal for you to transfer and dispose immoveable property 768/10 in Chadawad in any manner as the above suit is pending and all the cost and consequences would be to your account which please note.

Please note that you have not appeared before the Gujarat High Court in Appeal from order 176/2003 and nor have you filed any reply to my contentions raised in my appeal from order which confirms that you have tacitly accepted that the charge created by you is illegal.

Further your silence to my letter dated 19-5-2004 already establishes the bank’s guilty conscience that the bank officials are hand in glove with Core Health care, Mr. Jatin Jalundhwala and Dhanyushya Financial and have no defense.

This is for the bank’s knowledge which please note.

Yours sincerely,

Pankaj S Mody

MY COMPLAINT TO VIGILANCE DEPT OF GTB ON 24-7-1999

By speed post ad

Correspondence address:

PANKAJ S MODY
FLAT NO 4 2ND FLOOR
JANMANGAL APT
BMM SOCIETY
JALARAM MANDIR ROAD
AHMDEDABAD 380 006

DATED24-7-1999


THE VIGILANCE DEPARTMENT
GLOBAL TRUST BANK
303-48-3, SARDAR PATEL ROAD
SECUNDERABAD, 500 –003
FAX NO 040-815 879/892



PRIVATE AND CONFIDENTIAL
AND FORURGENT ACTION

DEAR SIR,



SUB: GRANTING OF TERM LOAN OF RS 12.5 CRORES TO COREHEATLH CARE ON REQUEST OF JATIN JALUNDHWALA POSING AS DIRECTOR OF RUPMANGALAM INVESTMENT PRIVATE LTD BY BRANCH OF GLOBAL TRUST BANK IN AHMEDABAD
========================================================

I am shareholder and director of Rupmanglam Investment Private Limited since inception of the company.

It has come to my notice that at instance of one Mr. Jatin Jalundhwala posing as director of Rupmanglam Investment Private Limited based in Ahmedabad, term loan of Rs 12.5 crores was granted by your branch in Ahmedabad to Core Health Care , a loss making company and form 8 and 13 (pertaining to Companies act) were jointly filed with Registar of Companies jointly by Mr. Jatin Jalundhwala posing as director of the company and area general manager of Global Trust Bank. (Xerox copy of Form 8 enclosed).

Eventhough , Mr. Jatin Jalundhwala is company secretary by qualifications, and has acted in the capacity of Company secretary to Core Health Care and therefore, is in the knowledge of company law, Mr. Jatin Jalundhwala appears to have fraudulently misrepresented before the officers of Global Trust Bank, Ahmedabad of possessing necessary authority and power of Board and members of Rupmangalam Investment Pvt Ltd to mortgage immoveable property of Rupmangalam Investment Pvt Ltd to Global Trust Bank and therebymisled and attempted to cheat the bank for obvious reasons and thereby swallow the assets of Rupmangalm Investment Pvt Ltd and thereby putting shareholders of Rupmanglam Investment Pvt Ltd at irretrievable loss , giving cover to Core Health Care which is a higly indebted company and has incurred substantial loss year after year.

I am communicating following information to you for immediate in dept study and follow up action:-

1(a) At this stage, it would not be out of place to mention that Dhanyushya Financial Pvt Ltd through their advocate Shri Ashok D Shah had served notice to me dated 12-12-98 , whereby , I along with other faily members are accepted , confirmed and acknowledged as directors of Rupmangalam Investment Private Ltd. Besides, Dhanyushya Financial Pvt Ltd has not put forth any claim that Mr. JatinJalundhwala is the legal director of Rupmanglam Investment Pvt Ltd.

1(b) In the reply given by my advocate Shri Killol V Shelat dated 1-2-99 to Dhanyushya’s advocate Shri Ashok D Shah , Dhanyushya Financial Pvt Ltd has not dared to submit reply even though more than half year has elapsed for obvious reasons and had avoided to submit their refutation to our charges for reasons best known to them and has also not refuted to the claim of Shri Pankaj S Mody as director of Rupmanglam Investment Pvt Ltd.

Moreover, Dhanyushya Financial Pvt Ltd has not cared to produce necessary evidence called for by me-e.g., I had called for company auditor’s report in relation to transfer of shares , if any and whether it is in accordance with the provisions of the company law and as per the guide lines of Institute of Chartered accountants of India , New Delhi.

For your information, Balance sheet pertaining to period 96-97 of Dhanyushya Financial Pvt Ltd does not show acquisition of Rupmangalm Investment Pvt Ltd shares belonging to Mody family. You can interpret the silence on their part.


2) Record of Right 7/12 (copy enclosed) clearly shows the jCOSNTRUCTED PORTION EXCLUSIVELY BELONGED TO RUPMANGALM INVESTMENT PRIVATE LIMITE while they have registered charge with Registar of Companies as if construction portion also belongs to Flovin Plastics Pvt ltd and Dhanyushya Financial Pvt Ltd., there by , deliberately tried to mislead the bank regarding security given for extracting huge loan of Rs 12.5 crores from Global Trust Bank by offering bogus security to satisfy Global Trust Bank in consideration of huge loan managed to be extracted from the Bank through dubious means.


3) I am given to understand that at the time of availing of term loan in august 98 and feb 99 from your bank , certified copies of audited balance sheets of Rupmanglam Investment Private Ltd for the year 96-97,97-98 has not been submitted by Mr. Jatin Jalundhawala to the registar of companies, ahmedabad. Bank can draw inference from this.


4) When Dhanyushya Financial was not able to furnish evidence of ownership of shares by them in response to the reply given by advocate, shri killol.v. shelat vide his letter dated 1-2-99 . Mr. Jatin jalundhwala was aware that he did not have necessary authority and power of Board as well as well as members of Rupmangalam Investment Private Limited. Inspite of Mr. Jatin Jalundhwala being aware,he goes ahead with mortgaging of property RIPL which clearly show misrepresentation ,concealment and suppression of material facts as well as show his malafide intentions.


5) Any director representing the company would do some introspection and pose a question to himself –Whether he is taking huge business riskon behalf of RIPL and its members , when the company is advancing security of Rs 12.5 crores to Core Health Care which is highly indebted company and incurring high losses? What are the precautions , to protect the interest of RIPL and its members? Am I having enough hold on the directors of Core Health Care as employee Core Health care (MR Jatin Jalundhwala is employee) . You can see ulterior motives of Mr. Jatin Jalundhwala.


In views of above communication and information and magnitude of the issue:-

A) Bank shall probe immediately and independently with the help of experts on company law, the authority and power of Mr. Jatin Jalundhwala in exhaustive details at lightning speed without loss of time in the interest of Bank and Bank officers and take immediate legal action on Mr. Jatin Jalundhwala and other signatories (if any ) to the mortgaging of Rupmangalam Investment Private Limited property grounds of misrepresentation, suppression and concealment of facts and malafide intention to avail term loan of Rs 12.5 crores for Core Health care.

Inspite of having informed the Bank vide this letter to draw your attention to unauthorised and illegal mortgaging of property as explained above on Mr. Jatin Jalundhwala immediately and other signatories to the document mortgaging the immoveable property of RIPL , there will be strong reason to believe that the concerned banking officers also joined hands with Mr. Jatin Jalundhwala, I shall have no alternative but to expose the above acts and omissions in news media as well as various concerned government departments who acted hand in glove with the said person to help them siphon away huge public money and acting against the interest of private depositors with the bank.


B) Global trust bank shall inform immediately that within a week of this letter that they shall make necessary alternate arrangements to vacate the charge on the immoveable property of RIPL and make property free from encumberance and form 17 pertaining to company law would be filed with Registar fo Companies , ahmedabad by making some alternativc arrangment.

I have provided necessary information to go into details.

Thanking you.


Yours sincerely,

PANKAJ S Mody


Encl: 1) Xerox copy of form 8 filed with Registar of Companies,ahmedabad
2) Xerox copy of record of right 7/12 pertaining to immoveable property mortgaged with Global Trust bank