४-१०-०७ ईमेल TO दमानी और ओरिएण्टल बैंक ऑफ़ कोम्मेर्स और कलेक्टर

from

pankaj mody

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10/4/07

to

damaniadvocates@hotmail.com,rh_ahm@obc.co.in


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"COLLECTOR,AHMEDABAD"


date

Oct 4, 2007 4:12 AM


subject

Fwd: SPAN MEDICALS LIMITED IS NOT LEGAL OWNER OF THE PROPERTY REFERRED IN MY CIVIL SUIT 5827 OF 2001 PENDING AGAINST YOU , CORE HEALTHCARE LIMITED ,ETC.


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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 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 in Chadavad , T P Scheme 3/5 varied.
-----------------------------------------------------------------------------------------------------------



1. I am marking copy of email sent to Oriental Bank of Commerce (successor to Global Trust Bank).
2. Till date Oriental Bank of Commerce has failed to file detailed explanation in the court proceedings through their advocate.
3. In case Oriental Bank of Commerce fails to give detailed and fully transparent explanation as regards to copy of my email to Mrs. Swati Soparkar marked to them in March 2007 (annexed herewith) within next two working days, it is obvious that Oriental Bank of Commerce is hand in glove with Span Medicals and their associates to support false claim of Span Medicals for ownership of the property.
4. It is expected of Oriental Bank of Commerce to simultaneously to furnish detailed reply to the Collector of Ahmedabad ( meaning the City mamlatdar) , you and the undersigned.
5. In case your client Harekrishna Developers fails to take suitable measures against Oriental Bank of Commerce , it would be construed that Harekrishna Developers are in collusion with Oriental Bank of Commerce to make false claim on the property being claimed by Span Medicals Limited.
6. The present email is being marked to Oriental Bank of Commerce as well as to the Collector of Ahmedabad for their information.
7. Kindly furnish copy of steps taken by your client in next three to four days to seek reply from Oriental Bank of Commerce in this regard by email to the undersigned in case Oriental Bank of Commerce remains silent or gives unsatisfactory reply to you and to the undersigned.


Yours sincerely,

Pankaj S Mody
---------- Forwarded message ---------- From: pankaj mody <modyps@gmail.com>Date: Mar 10, 2007 6:24 PMSubject: SPAN MEDICALS LIMITED IS NOT LEGAL OWNER OF THE PROPERTY REFERRED IN MY CIVIL SUIT 5827 OF 2001 PENDING AGAINST YOU , CORE HEALTHCARE LIMITED ,ETC. To: knprithviraj@obc.co.in, allencaperereira@obc.co.in, cmkhurana@obc.co.in, hkmadan@obc.co.in, kksaraf@obc.co.in, vidya.rudra@obcmail.co.inCc: sucheta dalal <suchetadalal@yahoo.com >




- Show quoted text -
Pankaj S Mody
2nd Floor , Janmangal Apt
40 Brahman Mitra Mandal Society
Ahmedabad 380 006

Email :- modyps@gmail.com

11th March 2007

The CHAIRMAN AND MANAGING DIRECTOR ORIENTAL BANK OF COMMERCE NEW DELHIknprithviraj@obc.co.in

The Executive Director
Oriental Bank of Commerce
New Delhi
allencapereira@obc.co.in


The General Managers,
Oriental Bank of Commerce
New Delhi
cmkhurana@obc.co.in
hkmadan@obc.co.in
kksaraf@obc.co.in
THE REGIONAl HEADORIETNAL BANK OF COMMERCE CHANYKYA , 4TH FLOOR ,NEAR DINESH HALLOFF ASHRAM ROADPHONE 26587539, 26585830, FAX -26589456 rh_ahd@obc.co.in



Oriental Bank of Commerce
G-2, Samegh,
Near Associated Petrol Pump
C G Road
Ahmedabad , 380 006
Email :- vidya.rudra@obcmail.co.in


Sir,

1. Kindly refer to action taken by you under Securitisation Act for grabbing the possession of property referred in the Civil Suit 5827 of 2001 in the Bhadra Court of Ahmedabad.

2. It has come to my notice that due diligence exercise has not been carried out before accepting Span Medicals Limited (SML) as legitimate owner of the entire property referred in the Civil Suit 5827 of 2001 inspite of email to you on 27-12-2004 and emails to you , thereafter.

3. In this connection , I have addressed letter to advocate Swati Soparkar on 7 th February 2007 and copy of same is annexed herewith. The contents are self explanatory . She and her husband has maintained stone silence and has no bothered to give any reply which means that she is hand in glove with the fraudulent practices followed by Jatin Jalundhwala for amalgamating RIPL and FPPL with Span Medicals Limited It also . Mr. Soparkar has appeared as counsel for Span Medicals Ltd in the court against Oriental Bank of Commerce and the bank has not brought it to the attention of the court the misdeeds of Mr Soparkar and Mrs Soparkar for obvious reasons.


4. It is crystal clear that SML is not legal owner of the property referred in Civil Suit 5827 of 2001 for which the steps under securitization act were initiated by you under Securitisation Act.

5. Kindly note that GTB has already produced document in Civil Suit 5827 of 2001 proceedings in the form of Confirmatory letter dated 3rd March 1999 addressed to the Assistant General Manager by Jatin Jalundhwala and it has been stated in the FIRST SCHEDULE vide Para 3 that he has furnished to the bank - certified true copy of death certificate dated 22-4-1988 of Maniben widow of Prabhubhai Bhikhabhai issued by Ahmedabad Muncipal Corporation. This clearly means that Mrs Maniben P Shah was not alive when the application of amalgamation of RIPL and FPPL was made in the year 2000/2001 for amalgamation RIPL and FPPL with Span Medicals Limited. It has been also referred by your bank vide your letter dated 21-10-1999 addressed to the undersigned that the shares continue to be held by the mody family and were not transferred then.

6. In case you do not take steps to protect my rights as well as interest in the property referred in my Civil Suit 5827 of 2001 , then you are protecting and shielding fraudulent acts of Mrs Swati Soparkar as well as her husband Mr Saurabh Soparkar , Jatin Jalundhwala as well as main promoter of Core Healthcare Ltd – Sushil Handa and the management of Span Medicals Limited.

7. It is needless to state that in case you do not inform the action taken against the above persons then you are violating the legal provisions especially when you are public servants over and above other legal violations connected with financial frauds. It is needless to state that all of you would be held liable by requisite authorities including the courts.

8. Kindly note that GTB has already produced document in Civil Suit 5827 of 2001 proceedings in the form of Confirmatory letter dated 3rd March 1999 addressed to the Assistant General Manager by Jatin Jalundhwala and it has been stated in the FIRST SCHEDULE vide Para 3 that Certified true copy of death certificate dated 22-4-1988 of Maniben widow of Prabhubhai Bhikhabhai issued by Ahmedabad Muncipal Corporation.

9. The copy of the present email is being circulated to various authorities so that they begin to investigate and look into the conduct of the bank officers of your bank for the reasons already known to you in case you do not take strong visible action again against Soparkars, Sushil Handa, Jatin Jalundhwala in next three working days from the present email sent to you.

10. It is needless to state that I am entitled to get the possession of the property from you in light of steps taken by you in the past under Securitization Act.

Yours sincerely,

Pankaj S Mody

- Hide quoted text -

Enclosure :- ---------- Forwarded message ----------From: pankaj mody < modyps@gmail.com>Date: Feb 7, 2007 2:07 PM Subject: FOR YOUR URGENT ATTENTION TO HIGHLIGHT CONDUCT OF CORE HEALTHCARE MANAGEMENT IN COMP 10 OF 2006 CONNECTED WITH COMA 357 PENDING IN HON'ABLE JUSTICE GARG'S COURT. To: SWATI SOPARKAR < soparkarad1@sancharnet.in>
WITHOUT PREJUDICE
From:-
Pankaj S Mody
C/o Shri S S Modi
2nd Floor , Janmangal Apt
40 Brahman Mitra Mandal Soc
Ahmedabad 380 006
Email :- modyps@gmail.com

7th February 2007

Mrs Swati Soparkar, Advocate
204 Akanksha ,Opposite Vadilal House
Nr. Mount Carmel Railway Crossing
Near Navrangpura Police Station
Ahmedabad 380 009
Phone Number :- 26430707,26404245,26404246,
Fax:- 079-26563214
Email:- soparkarad1@sancharnet.in

Madam,

Subject:- Company Petition No 10 of 2006 connected with Company Application No 357 of 2005 regarding Core Healthcare's demerger with M/s Nirma Limited.
===============================================================
You have filed Company Application in Gujarat High Court in the year 2000 at instance of someone representing Rupmanglam Investment Private Limited for amalgamating this company with M/s Span Medicals Limited and it appears that you have ignored my letter dated 1-3-2006 addressed to you where in I had annexed copy of my letter dated 16-3-2005 addressed to Mr. Sushil Handa and Mr. Jatin Jalundhwala.
By now , you ought to have made thorough detailed and exhaustive inquiry in this regard by talking to your husband Mr. Soparkar as well as the person who made application to Gujarat High Court for amalgamation of the companies as well as Mr. Jatin Jalundhwala and Mr. Sushil Handa as well as Mr. Kamlesh Shah (Kamlesh shah representing representing Core Healthcare Limited and Span Medicals Limited).
It has been reported in Annual Report of Core Healthcare Limited for the period 2004-2005 that its subsidiary Span Medicals Limited comprises of Preference share capital of 1,69,000 shares. On a closer examination at your end, you would have learnt that a total of 1,67,000 preference shares have been issued to my Late maternal grandmother Mrs. Maniben P Shah as they pertain to the shares standing in her name in Rupmanglam Investment Private Limited ( 14,900 preference shares of Rs 100 each) and Flovin Plastics Private Limited ( 18,000 preference shares of Rs 10 each ). It is needless to state that you as an experienced advocate would have carried out due diligence exercise by verifying and matching the signatures of Mrs. Maniben P Shah (giving approval for amalgamation) with those in the company records.
Mr. Jatin Jalundhwala has filed documentation for Rupmanglam Investment Private Ltd with Global Trust Bank in 1999 for availing Rs 12.5 crore loan from them for Core Healthcare Limited and therein he has enclosed death certificate issued in 1988 certifying demise of my maternal grandmother Mrs Maniben P Shah and could not have been alive in year 2000 or thereafter.
In view of contents in above paragraph , it is crystal clear that my maternal grand mother Late Mrs. Maniben P Shah in the year 2000 or in the year 2001 could not have given her written consent for amalgamating Rupmanglam Investment Private Limited with Span Medicals.This is in light of order passed on 23-1-2001 by Honorable Justice Mr. K.R.Vyas on 23-1-2001 in Company Petition 288 to 295 of 2000.The extract of order specified: " The meetings of the preference shareholders of two transferor companies were directed to be convened and the scheme was unanimously approved at the respective meetings" . As to how Mrs. Maniben P Shah was made alive in Year 2000 is a mystery to any person .

It is therefore necessary that you rectify the situation by approaching Gujarat High Court and telling the truth failing which on the basis of facts and circumstances it is obvious that you are remaining silent to protect yourself , your husband Mr Soparkar and your client Core Healthcare Limited,etc from illegal and fraudulent acts . Any reluctance on your part in this regard would confirm that you wanted to mislead the Gujarat High Court to protect yourself as well as Mr. Soparkar along with your clients and Mr Jalundhwala.
Under the circumstances , it is necessary that you take immediate independent decision on your own and bring it on record in writing in the proceedings of Company Petition 10 of 2006 in COMA 357 of 2005 for the sake of transparency as well as for exposing the fraudulent acts of your client company and all the persons associated with them including Mr. Soparkar. Your failure to do so would confirm that you are deliberately turning a blind eye so as to cover up the fraudulent and illegal acts of Core Healthcare Limited , Mr. Jalundhwala , Mr. Saurabh Soparkar, Oriental Bank of Commerce, etc. Any tarnishing of your name as advocate would ultimately affect the future of your children.
The present letter is being circulated shortly amongst all the Honorable Judges of Gujarat High Court as well as Bar Council of Gujarat so that they begin to view all your company application and petitions suspiciously as well as get your name suspended as practicing advocate in Gujarat HighCourt and your conduct gets well publicised.More details would be published on googlepages from time to time. Reference internet link:- http://buntyaurbubblyadvocates.googlepages.com

In order to justify your innocence in the matter , it is necessary that you take immediate stern criminal action against Mr. Soparkar , Mr. Jalundhwala , Mr. Kamlesh J Shah as well as the management of Oriental Bank of Commerce failing which you personally are hand in glove with your husband Mr. Soparkar as well as Core Healthcare group and Mr. Jalundhwala to bury their fraudulent misdeeds .
You and your husband remind me of Bunty Aur Bubbly to take the world for a ride using ingenious methods of cheating the people and hence the present letter is being given wide circulation.
Your silence as well as your unsatisfactory explanation would confirm your fraudulent and illegal acts to deceive the undersigned as well as the judiciary.
I reserve my right to make additional comments at appropriate time if necessary.
Your sincerely,
Pankaj S Mody

PRESENT LETTER IS ADDRESSED BY PANKAJ MODY FOR PERSONAL SAFETY -PRESENT AND FUTURE ON ACCOUNT OF SLY TACTICS BEING EMPLOYED BY YOUR HUSBAND - MR. SAURABH SOPARKAR