ओब्जेक्शन लैटर ३०-५-२००७ TO सिटी माम्लात्दर

pankaj mody

5/30/07
to

collector-ahd@gujarat.gov.in

cc

secrev@gujarat.gov.in

date
May 30, 2007 6:17 AM

subject
TOP PRIORITY MESSAGE FOR HOLDING PROPERTY IN NAME OF SPAN MEDICALS LTD IN CUSTODY OF COLLECTOR ( FINAL PLOT 768/10 NEAR DOCTOR HOUSE, PARIMAL CROSSING ) PENDING FURTHER INVESTIGATION ON WRONGFUL CLAIM OF OWNERSHIP

mailed-by
gmail.com


TOP PRIORITY MESSAGE AND MOST IMPORTANT

From:- Pankaj S Mody
2nd Floor, Janmangal Apt
40 Brahman Mitra Mandal Soc
Paldi, Ahmedabad 380 006

Email :- modyps@gmail.com

Dated 30th May 2007

To ,

1 ) The Collector of Ahmedabad
Collector office , Near R T O Ahmedabad
Phone:- 27551681, Mobile:- 98250-49134

2) The City Mamlatdar, Ahmedabad
collector Office , Near R TO Ahmedabad

3) The Talati/Circle Inspector
Madalpur, Near Town Hall ,
Ahmedabad


Respected Sir,

Subject:- 1) To cancel and delete Entry 5512 in respect of ownership of property ( Final Plot 768/10 located in T P Scheme 3/5, varied , Madalpur ) being shown in name of Span Medicals in Record of Right

2) Holding the property in the custody of the Collector pending investigation in respect of the above referred Final Plot 768/10 so as to avoid further litigations.
================================================
1. It has come to my notice recently from copy of Record of Right pertaining to the above referred Final Plot , that the Final plot stands in the name of Span Medicals Limited vide entry number 5512. This entry has been recorded in the Record of Right on the basis if amalgmation order dated 23-1-2001 furnished by Span Medicals to your office. Span Medicals has suppressed vital facts in guise of amalgmation so as to bury various fraudulent acts of creating charge on the property by mortgaging the property to Global Trust Bank through Mr. Jatin Jalundhwala.

2. I humbly request your to minutely examine the following issues and verify the facts s per the information so as to cancel the entry 5512 in the record of Right as well as cancel the sale deed executed on 2-4-2007 executed by Span Medicals Limited in view of the information referred as under:-

a) It appears that Span Medicals Limited has deliberately kept the revenue authorities in dark of the pending civil suit 5827 /2001 instituted by the undersigned in the Bhadra Court especially when they had replied on behalf of Dhanyushaya Financial Pvt Ltd. They deliberately suppressed details of amalgmation of Rupmanglam Investment Private Limited and Flovin Plastics Private Limited with Span Medicals Ltd even when this was brought to their notice in the year 2002 in the court proceedings and there by creating obstructing process of natural justice to the undersigned.

b) Recently, I have been provided a copy of scheme of amalgmation order pertaining to Span Medicals by the director of Span Medicals Limited and I was shocked to learn that the Registered Office of Rupmanglam Investment Private Limited and Flovin Plastics Pvt Ltd was shifted to Baroda before submitting the amalgmation application to the Gujarat High Court in October 2000. This needs to be verified in detail especially when the major assets of Rupmanglam and Flovin are situated in Ahmedabad and the so called directors referred by them have residential address in Ahmedabad and work in Ahmedabad. in proximity to the above referred plot .Therefore, it is necessary to closely examine various issues narrated as under:-

· To call for Bank statements of Rupmanglam Investment Private Limited and Flovin Plastics Pvt Ltd of their banks in Baroda.
· Particulars of the office ownership who has permitted them to use their premises in Baroda and any connection with this persons in any manner.
· To obtain particulars from Span Medicals Limited and Jatin Jalundhwala as to the Income Tax Department in Baroda who would be carrying out assessment of Rupmanglam Investment Pvt Ltd and Flovin Plastics Pvt Ltd has been as to the Income tax officer when the shifting of registered office.
· Particulars notified to the Police authorities for shift in registered office from one city to other city.

c) Mr. Jatin Jalundhwala claiming to have authority and power to own and control the legal ownership of the property belonging to Rupmanglam and Flovin has issued clarification to IDBI in the year 2002 regarding the Special Investigation Audit ( at the instance of BIFR) conducted by Ernst and Young Accountancy Firm that only physical possession has been obtained but the legal ownership of the property does not vest with them.

d) Recently, Span Medicals Limited has furnished copies of transfer deeds showing transfer of shares belonging to me and my family members in 1996-1997 to Dhanyushaya Financial Pvt Ltd . However, the ownership of the shares is not reflected in the balance sheet of Dhanyushaya Financial Pvt Ltd for the period 1996-1997. This means that the transfer deeds have been obtained after the expiry of the validity of the period. These transfer deeds have not been furnished in the proceedings of Civil Suit 5827 of 2001 and therefore, Dhanyushaya could not have given any consent of amalgamating Rupmanglam Investment Private Limited as they were not legitimate owners of shares of Rupmanglam Investment Pvt Ltd.

e) I have brought it to the attention of Advocate Mrs. Swati Soparkar ( who appeared as advocate for Span Medicals , Rupmanglam and Flovin for conducting amalgmation of companies vide High Court order) vide my letter to her on 7-2-2007 that consent of the preference holder Mrs. Maniben P Shah could not have been obtained in the year 2000 as she was not alive in the year 2000 and the same was in knowledge of Jatin Jalundhwala especially when he furnished death certificate issued in 1998 to Global Trust Bank pertaining to demise of Mrs. Maniben P Shah. In the interest of natural justice , it is necessary to record the statement of Mrs Swati Soparkar ( address:- 204 Akaknsha , Near Vadilal House , Navrangpura Railway Crossing, Ahmedabad)and record her statement and insist on satisfactory explanation while I am being given opportunity to give my comments in this regard.

f) The contents of my above letter to Mrs Swati Soparkar has been brought to the attention of Hemant Kashiparekh (auditor of Span Medicals Limited) vide my letter dated 23-2-2007. However, the auditor has not asserted that Span Medicals is the legitimate owner of the entire property. In the interest of the natural justice , it is necessary to record the statement of Hemant Kashiparkeh (address:- Ground Floor, Akshay Apartment , Off Old High court land and near House of Bakeris) and the opportunity is given to the undersigned for my comments.

g) I have also furnished the copy of my letter addressed to Mrs. Swati Soparkar to Orient Bank of Commerce ( who have taken over Global Trust Bank ) vide my email to Orient Bank of Commerce. Strangely, the bank has remained silent. This primae facie shows that they have not ascertained the facts on amalgamtion independently by verification and has blindly accepted the Order of amalgmation furnished by Span Medicals Limited depicting that Rupmanglam Investment Private Ltd and Flovin Plastics Pvt Ltd has been amalgamated with Span Medicals Ltd and therefore the assets of Rupmanglam and Flovin has been taken over by Span Medicals Limited too. Oriental Bank of Commerce has acted as custodian and guardian of the property in guise of mortgage and has permitted Span Medicals to sale the property to Hare Krishna Developers for recovery of term loan given to Core Healthcare Ltd. Even as banker , they have not been following ethical and transparent practices which is expected of Oriental Bank of Commerce which is owned by Government of India. It also appears that Harekrishna Developers, (the purchaser of the referred property) has not been informed by Oriental Bank of Commerce as well as Span Medicals Limited as regards to my Lis Pendens document reflecting my pending Civil Suit 5827 of 2001 in the City Civil Court of Ahmedabad. In the interest of justice and fairness to the undersigned , it is necessary to record the statement of the management of Oriental Bank of Commerce and the undersigned is given the opportunity to offer his comments and observations while cross examining them.

h) Pursuant to letter addressed to Jatin Jalundhwala on 16-3-2005, he has not been able to give written declaration of escrow persons ( Mr. Kahiparekh and Mr. Soparkar) had given compliance certificate of transfer of the companies and its assets by obtaining no objection certificate of the directors of Rupmanglam Investment Private Limited and Flovin Plastics Pvt Limited. This violates the provision of Transfer of Property Act. In the interest of natural justice it is necessary to record the statement of Jatin Jalundhwala , Mr. Saurabh Soparkar and Mr. Hemant Kashiparekh and I be given opportunity to offer my comments and cross examine them.

3. Pending further investigation as referred in above paragraph and also for the sake of avoiding multiplicity of legal proceedings as well as harassment , it is necessary to TAKE CUSTODY OR SEAL THE ABOVE PROERTY so that the builders do not PROCEED WITH construction in guise of scheme promoted by them as well as collect advance funds from the customers and putting them in jeopardy and create more complications.

4. I solicit your valued support on receipt of the present letter. I would also like to state that, the subject matter is under investigation by Police authorities and therefore , I humbly request you to keep in abeyance of passing of entry in revenue records pertaining to the Sale Deed executed by Span Medicals Limited in favor of Harekrishna Developers on 2-4-2007 vide document registered vide 3315/2007 before the Sub-Registrar, Paldi at Multistoreyed Building Laldarwaja.

5. As the matter involves the issue of Life and Liberty , I would be very soon making application under Right to Information Act in case I do not receive satisfactory reply from you very soon.

6. I r4eserve my right to offer my further observations and objections as regards to this property at later date.

7. Kindly acknowledge receipt of the present petition letter.

Thanking you.


Yours sincerely,

Pankaj S Mody