annexures May 30, 2007
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DETAILS OF ANNEXURES to 30-5-07 objection letter
| NARRATION | ANNEX NO | REF PARA | PAGE |
| RECORD OF RIGHT OF SPAN MEDICALS | A1 | P1 | 1 |
| EXTRACT OF AMALGMATION | A2 | P2- B | 2 |
| REMARKS ON E& Y REPORT | A3 AND A4 | P2-C | 3 TO 4 |
| DHANYUSHYA BAL SHEET-96-97 | A5 | P2-D | 5 TO 6 |
| LETTER TO SWATI SOPARKAR | A6 | P2-E | 7 TO 9 |
| ISSUE OF SHARES BY SPAN MEDICALS | A7 | P2-E | 10 |
| LETTER TO AUDITOR OF SPAN MEDICAL | A8 | P2-F | 11 |
| LETTER TO ORIENTAL BANK OF COMM | A9 | P2-G | 12 TO 15 |
| 16-3-05 LETTER TO JALUNDHWALA -HAND | A10 | P2-H | 16 TO 17 |
| LETTER TO MAMLATDAR 20-4-07 AND 7-5-07 | A11 | 18 TO 20 | |
ANNEX A8 KASHIPAREKH April 23, 2007
Posted by mody in A8- KASHIPAREKH, annexure list.add a comment
From: pankaj mody < mod…@gmail.com>
Date: Apr 23, 2007 7:59 PM
Subject: Query in relation to Span Medicals Limited as Kashiparekh and
Associates are the auditors of Span Medicals Limited
To: hemant kashiparekh < kashipar…@hotmail.com>
From Pankaj S Mody
email:- mod…@gmail.com
April 23, 2007
To
Kashiparekh and Associates
Ground Floor, Akshay Apartment
Near Old High Court Lane
Off Ashram Road
Ahmedabad
email kashipar…@hotmail.com
fax 26585770
phone 26586770
Sir,
I am annexing copy of email sent to you earlier and also sent by post earlier.
Till date you have not furnished a reply in this regard.
You are called upon to give a detailed reply in this regard.
Yours sincerely,
Pankaj S Mody
———- Forwarded message ———-
From: pankaj mody < mod…@gmail.com>
Date: Feb 23, 2007 8:48 PM
Subject: copy of letter addressed to Mrs Swati Soparkar -
To: kashipar…@hotmail.com
*Under Postal Certificate*
*WITHOUT PREJUDICE *
From :- Pankaj S Mody
2nd Floor, Janmangal Apt
40 Brahman Mitra Mandal Society
Ahmedaad 380 006
23rd February 2007
*Mr. Hemant Kashiparekh , Chartered Accountant*
*Ahmedabad *
* *
*Mr. Ashish Kashiparekh , Chartered Accountant*
*Ahmedabad*
* *
**
*Sir, *
* *
*Kindly refer to all my earlier correspondence with you. *
* *
*I am annexing letter addressed to Mrs. Swati Soparkar who has taken initiative to amalgamate Rupmanglam Investment Private Limited. The contents of the letter are self explanatory. *
* *
*In case you remain silent and do not give a reply , then it is presumed that you do not approve of the amalgamation of Rupmanglam Investment Private Limited with Span Medicals Limited carried out by her. *
* *
*In case you do not take initiative of action against them as auditor of Rupmanglam Investment Private Limited ( and also of Span Medicals Limited) then , you are part of the fraudulent creation of charge of the property owned by RIPL . *
* *
*In case you do not take strong measures against the BuntyaurBubbly team comprising of Swati Soparkar and Saurabh Soparkar as well as the management of Oriental Bank of Commerce , you may not enjoy good sleep. .
*
* *
* *
* *
*Yours sincerely, *
* *
*Pankaj S Mody *
**
*Enclosure of Letter addressed to Mrs Swati Soparkar *
**
**
*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 :- mod…@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:- soparkar…@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.
===============================================================
1. 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.
2. 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).
3. 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.
4. 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.
5. 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 *.
6. 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.
7. 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.
8. 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
9. 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 . *
10. 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.
11. Your silence as well as your unsatisfactory explanation would confirm your fraudulent and illegal acts to deceive the undersigned as well as the judiciary.
12. 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.
ANNEX-A6 7-2-07 SWATI SOPARKAR February 7, 2007
Posted by mody in A6-SWATI, annexure list.add a comment
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 .
A10- 16-3-05 LETTER March 16, 2005
Posted by mody in A10-HANDA-JALUNDHAWALA, annexure list.add a comment
Letter addressed to Sushil Handa , Beena Handa and Jatin Jalundhwala
On 16-03-2005From : Pankaj S Mody 40 BMM SOCIETY
PALDI ,
AHMEDABAD 380006
modyps@gmail.com
psmody@yahoo.com16th March 2005,1. Mr. Sushil Handa
Near Judges Bunglows, BODAKDEV
AHMEDABAD
2. Mrs. Beena Handa
Near Judges Bunglows, Bodakdev
Ahmedabad
3. Mr. Jatin Jalundhwala
602 Satkrut, Parthsarthy Avenue, Nr. Shymal Row House , 132 Ring Road, Satellite Road , Ahmedabad
Sir,
1. You are the directors of Dhanyushya Financial Pvt Ltd and you are aware that the undersigned has filed civil suit 5827/2001 in the City Civil Court of Ahmedabad against Dhanyushaya Financial , Jatin Jalundhwala , Core Healthcare Ltd and Global Trust Bank. Dhanyushya Financial , Jatin Jalundhwala , Core Health care has filed affidavit in the city civil court during the proceedings in the above referred matter narrating the contents of Memorandum of understandings where in the presence of escrow persons (namely Mr. Saurabh Soparkar and Mr. Hemant Kashiparekh is referred) and copy of the mous bearing signature of Jatin Jalundhwala is adduced to the city civil court.
2. At your instance, Core Health care Ltd has filed criminal defamation case 3326/99 in the Metropolitan Court of Ahmedabad against the undersigned. Till date no one has been attending the matter in the court from your side showing which clearly demonstrates that charge created by Mr. Jatin Jalundhwala on the immoveable property of Rupmanglam Investment Private Ltd is fraudulent. This shows deliberate attempt on your side to harass me and you do not have any case against the undersigned . You are called upon to attend the Metropolitan Court (on 18th March 2005 ) along with the concerned/connected officials of GTB as your sahids failing which it would be construed that the management of Core Healthcare had filed a false criminal defamation against the undersigned with sole motive to harass me and I would be at liberty to recover damages from you by taking appropriate legal action against you for causing harassment.
3. In light of present request letter addressed to you, you are called upon to furnish the following :-·
ü Documentary joint written affidavit from Mr Saurabh Soparkar and Mr. Hemant Kashiparekh ( who have been referred as escrow persons in tthe copies of MOUS furnished by Dhanyushya to Chamber Court ) , as to their written confirmation that they ( Mr. Kashiparekh and Mr. Soparkar) have simultaneously handed over the documents of various documents from all the family members of Mody family including the undersigned.Till date , you have not given reply to my reply given through my advocate Shri K V Shelat pursuant to notice by Dhanyushya to me and other mody family members. ·
ü Documentary evidence in form of audited balance sheets along with written affidavit from auditor of Dhanyushya (M/s Shah and Shah Associates ) that stamped transfer deeds along with share certificates belonging to all mody family members have been presented by Dhanyushya to the legal board of directors of Rupmangalam within two months of validity period of transfer deeds while simultaneously adducing minute book records of directors and shareholders of Rupmanglam and Flovin Plastics Pvt Ltd and simultaneously confirmed by the auditors (Kashiparekhs) of Rupmanglam Investment Private Ltd and Flovin Plastics Pvt Ltd. ·
ü You shall obtain necessary written affidavit from the auditors of Rupmangalam and Flovin that they have fully verified the documentary evidences and compliances of articles of association and memorandum for legal transfer of shares to Dhanyushya Financial that Dhanyushya is sole legal shareholder of both these companies.·
ü You shall also obtain written affidavit from the auditors (Kashiparekhs) of Rupmanglam and Flovin as regards to how they came to know of so called shift of registered office of Rupmanglam Investment Pvt Ltd and Flovin Plastics Pvt Ltd. · You shall also obtain written affidavit from the auditors (Kashiparekhs) of Rupmangalam and Flovin as to on what supporting documentary evidences they have considered that Ameet Desai and Jatin Jalundhwala to be the sole directors of Rupmangalam Investment Pvt Ltd and Flovin Plastics Pvt Ltd to the exclusion of Mody family directors.·
ü You shall also adduce all necessary documentary evidences from Mrs Swati Soparkar, practicing in Gujarat High Court as regards to who has approached her for filing documents for amalagmating Rupmanglam Investment Private Ltd and Flovin Plastics Private Ltd with Span Medicals by approaching Gujarat High court and how she has verified the authenticity before filing the matter to Gujarat High Court.In case you fail to give a satisfactory reply then , all of you have in collusion with each other has created fraudulently created charge on the immoevable property of Rupmanglam Investment Pvt Ltd and Flovin Plastics Pvt Ltd so as to obtain term loan of Rs 12.5 crores from Global Trust Bank for funding Core Healthcare.
4. It is also your responsibility to call for sahids from Global Trust Bank ( now Oriental Bank of Commerce) in the criminal defamation case 3326/99 filed against the undersigned to establish legal charge created by Global Trust Bank and it is obligatory on your part to produce the concerned officials of GTB in the Metropolitan court in defamation case against the undersigned. In case , Oriental Bank of Commerce fails to produce all the concerned officers of GTB, it is your responsibility to file criminal case against Oriental Bank of Commerce for causing any damage to my legal rights during pendency of city civil suit 5827/2001 in City Civil Court of Ahmedabad.
5. You are called upon to furnish your detailed reply to the undersigned by email to me forthwith . The copy of this letter is being sent to SEBI and other agencies for further detailed investigation as I also happen to be share holder of Core Health care Ltd.
6. I reserve my right to call for additional information, clarification, comments , etc as and when needed from all of you at a later date.
Yours sincerely,
Pankaj S Mody