Thursday, 4 October 2007

ईमेल ४-१०-०७ TO दामनी तथा काशिपारेख और कलेक्टर

from pankaj mody hide details 10/4/07
to damaniadvocates@hotmail.com
cc

hemant kashiparekh ,
"COLLECTOR,AHMEDABAD" ,
colahmed@guj.nic.in
date Oct 4, 2007 2:50 AM
subject REGARDING DISPUTED ENTRY OF HAREKRISHNA DEVELOPERS PENDING BEFORE CITY MAMLATDAR ,AHMEDABAD
mailed-by gmail.com




From :- Pankaj S Mody

2nd Floor , Janmangal Apartment

40 Brahman Mitra Mandal Society

Ahmedabad 380 006

email modyps@gmail.com





dated 4th October 2007,



For Kind PERSONAL attention of Mr.A.C.Damani

"Damanis", 1-A National Park Society

Opp Panch Bunglows, Govt Quarters ,

Gulbai Tekra , Ahmedabad 380 015

Fax:- 079-26303370

Email damaniadvocates@hotmail.com





Sir,



Subject:- Dispute number 74/2007 pending before the City Mamlatdar as regards to entry number 5975 in record of right for Final Plot 768/10 located NEAR PARIMAL RLY CROSSING ,NEAR MUNICIPAL SCHOOL , Chadavad , T P Scheme 3/5 varied.

---------------------------------------------------



1. I am annexing copy of email sent to auditor of Span Medicals Limited (that is Hemant Kashiparekh) who has maintained silence . It is obvious from his silence that he does not consider Span Medicals owner of Final Plot 768/10 admeasuring 3065 sqmeters and located at Parimal Crossing.Ahmedabad.

2. Span Medicals happens to be subsidiary of Core Healthcare Ltd but the audited balance sheet of Core Healthcare Limited for the period 2004-2005 does not annex the audited balance sheet of Span Medicals Limited and thereby the ownership of the above referred plot by Span Medicals is considered doubtful.

3. This indicates that Span Medicals is involved in hijacking of the companies (Rupmanglam Investment Private Ltd and Flovin Plastics Pvt Ltd by way of so called amalgamation) along with their immoveable property.

4. Harekrishna Developers can possibly obtain detailed confirmation backed by various documentary evidences from the auditor of Span Medicals Limited through Span Medicals Limited and simultaneously make it available by email to the undersigned , you and the City Mamlatdar (through The collector of Ahmedabad email id collector-ahd@gujarat.gov.in ) in next one or two working days of the present email to you.

5. A copy of the present email is also being marked to the auditor of Span Medicals Limited (that is Hemant Kashiparekh) for his knowledge and necessary action.

6. I reserve my right to offer my comments on the report of Mr. Kashiparekh , once , Mr. Kashiparekh gives a simultaneous detailed reply backed by all supporting papers to the undersigned as well as to you and the City Mamaltdar through the Collector of Ahmedabad. Thereafter, I reserve my right to offer my comments.

7. As the issue concerns the hijacking of companies and its assets as a precautionary measure for my personal safety , I am blowing open whistle to the outside world.



Thanking you.



Yours sincerely,



Pankaj S Mody







---------- Forwarded message ----------
From: pankaj mody
Date: Jul 20, 2007 1:18 PM
Subject: your explanation to my letter dated 29 july 1999 for drawing attention of Table 3C ECONOMIC OFFENCE WING
To: hemant kashiparekh
Cc: ecowing@gmail.com






Pankaj S Mody
C/o 2nd floor , Janmangal Apt

40 Brahman Mitra Mandal Society

Ahmedabad 380 006

Email modyps@gmail.com

July 20 , 2007




TO,
HEMANT KASHIPAREKH
Ashish Hemant Kashiparekh
Akshay Apartment , High Court Lane

Ashram Road , Ahmedabad 380 009

Sir,


Kindly refer to my earlier email dated 23/2/2007 which was not replied by you. Your silence shows that you are not approving the amalgmation of Rupmanglam Investment Pvt Ltd and Flovin Plastics Pvt Ltd with Span Medicals Ltd but for reasons best known to you have chosen to remain silent .


I had addressed a letter dated 29 July 1999 addressed to you. A copy of the same is annexed herewith for your reference . Till date the letter has not been replied by you . Even Mr. Jatin Jalundhwala and his associates were not able to obtain reply from you and furnish a reply to the undersigned.


It is obvious from your silence that you do not approve of Jatin Jalundhwala having authority and power to create charge on the immoveable property owned by Rupmanglam Investment Pvt Ltd and Flovin Plastics Pvt Ltd in Final Plot 768 of 10 in situated near Parimal Railway Crossing. , Ahmedabad.


I marking a copy of the present email to Economic Offence Wing for their reference and in case you do not furnish me a detailed satisfactory reply to the undersigned as well as to the Economic Offence Wing within next three days , it would be taken for granted that you are not approving Jatin Jalundhwala's creation of charge with Global Trust Bank.


As you are aware that Span Medicals Limited has sold the property to HareKrishna Builders , there is possibility of threat to my life as well as harrassment and torture. In this eventuality , you would be equally responsible for threat to my life , harrassment and torture.








I reserve my right to give my further observations at a later date


Yours sincerely,




PankajS Mody


ANNEXURE






Letter addressed to Kashiparekh on 29-7-1999
PANKAJ S MODY



DIRECTOR AND SHAREHOLDER OF RUPMANGLAM INVESTMENT PVT LTD




JULY 29,1999





BY SPEED POST AD




PRIVATE AND CONFIDENTIAL




KASHIPAREKH AND ASSOCIATES,


AKSHAY APARTMENTS



HIGHCOURT LANE


AHMEDABAD 380 009






Sir,


I am shareholder and director of Rupmanglam Investment Pvt Ltd.


Your firm is auditor of Rupmanglam Investment Pvt Ltd.





I would like to draw your attention that Mr. Jatin Jalundhwala jas registered charge on immoveable property of Rupmanglam Investment Pvt Ltd in favour of Global Trust Bank for granting term loan of Rs 12.5 crore loan to Core Health care ltd , a loss making company without having necessary authority and power of the Board of Directors as well as members of the company violating various provisions of company law.

It would not be out of place to mention that DhanyushyaFinancial Pvt Ltd through their advocate Shri Ashok D Shah had served the notice to me dated 12-12-1998 , whereby, I am accepted, confirmed and acknowledged as director of Rupmanglam Investment Pvt Ltd . Besides, Dhanyuhsya Financial Private Ltd has not put forth any claim that Mr. Jatin Jalundhwala is the legal director of Rupmangalm Investment Private Ltd.

In the reply given by my advocate , Shri Killol V Shelat dated 1-2-1999 to Dhanyushya 's advocate Shri Ashok D Shah , Dhanyushya Financial Pvt Ltd has not dared to submit reply even though more than half a year has elapsed and has also not refuted to the claim of Shri Pankaj S Mody as director of Rupmanglam Investment Pvt Ltd.



Moreover, Dhanyushya Fiancial Pvt Ltd has not cared to produce necessary evidence called for by me.-e.g. I had called for companya auditor's report in relation to transfer of shares, if any and whether it is in accordance with the provisions of the company law pertaining to articles of association and memorandum of Rupmanglam Investment Private Ltd 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 Rupmanglam Investment Pvt Ltd shares belonging to mody family.

Inspite of Mr. Jatin Jalundhwala being aware at the time of Shri Killol V Shelat's letter dated 1-2-1999 that he was not in a postion tofurnish evidence of ownership of shares owned by Dhanyushya Financial Pvt Ltd , he goes ahead with mortgaging of Rupmanglam Investment Private Ltd which clearly show misrepresentation , concealment and suppression of material facts as well as show his malafide intentions.Mr. Jatin Jalundhwala is instrumental in putting shareholders of Rupmanglam Investment Private Ltd at irretrievable loss violating provisions of company law.

You being the auditor of the company owe responsibility to the members of the company, and initiate necessary action when company assets are being stripped and siphoned to such large extent.

As per Institute guidelines as per company law provisions you are to conduct detailed inquiry immediately in professional manner keeping in view the interest of shareholders of Rupmanglam Investment Private Ltd.

As a auditor of the company, you are to procure detailed evidence (by verifying minute books) , resolutions, notice for transfer of shares , compliance of articles 10 to 17 of articles of association and memorandum) from Mr. Jatin Jalundhwala , who is posing as director of the company and having necessary power of the board of directors and members of Rupmanglam Investment Private Ltd to mortgage property of Rupmanglam Investment Pvt Ltd.





As the amount of fraud involved is ver large, I hope that your firm shall take the matter seriously and report findings.

Thanking you.





Yours sincerely,




Pankaj S Mody



(DIRECTOR and SHAREHOLDER OF










RUPMANGLAM INVESTMENT PVT LTD)

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