From ,
Pankaj S Mody
2nd Floor, Janmangal Apt
40 Bhraman Mitra Mandal Soc
Paldi, Ahmedabad 380 006
Email modyps@gmail.com
5th March 2008
To ,
The Collector of Ahmedabad
Collector office
Subhash bridge
Ahmedabad
Respected Sir,
Subject:- grievance under swagat scheme of the Collector
- Kindly refer to the reply given by the Collector as annexed herewith . I was given to understand that the collector office would look into the matter. Till date, I have not received detailed findings in the matter.
- Kindly register my grievance under Swagat scheme of the Collector of Ahmedabad and be kind enough to give various written statements , documentary evidences in light of the email earlier. The copy of the annexures were deposited with the office of the City Mamlatdar’s office.
- I am sorry to say that there is no follow up process of monitoring the progress and nor there is any system to furnish detailed findings and as a result the objector faces irreparable hardships. There is complete absence of coordination with the office of the collector.
- Kindly assign acknowledgment number of grievance under Swagat scheme being conducted by the Collector office.
Thanking you.
Yours most respectfully,
Pankaj S Mody
Mobile 94270-26109
———- Forwarded message ———-
From: COLLECTOR,AHMEDABAD <collector-ahd@gujarat.gov.in>
Date: Jul 11, 2007 1:25 PM
Subject: Re: FOR PERSONAL ATTENTION OF THE COLLECTOR OF AHMEDABAD- ( FINAL PLOT 768/10 NEAR DOCTOR HOUSE, PARIMAL CROSSING ) PENDING FURTHER INVESTIGATION ON WRONGFUL CLAIM OF OWNERSHIP
To: pankaj mody <modyps@gmail.com>
> *
> We will attend to this and act as per law.
> FOR PERSONAL AND URGENT ATTENTION OF THE COLLECTOR OF AHMEDABAD.
>
> Pankaj S Mody
> *
>
> 2nd Floor, Janmangal Apartment
>
> * *40 Brahman Mitra Mandal
> *
> Society*
>
> * PALDI* ,
>
> * *Ahmedabad 380 006
>
> Email modyps@gmail.com
>
> Dated 6th July 2007
>
> *
>
> The Collector of Ahmedabad
>
> Office of Collector
>
> Near RTO, Shubhash Bridge
>
> Ahmedabad* ,
>
> Respected Sir/Madam,
>
>
> *
>
> Subject:- Final Plot 768/10 located in T P Scheme 3 , Chadavad admeasuring
> 3065 sqmeters standing in name of Span Medicals Ltd.
>
> ———————————————————————————-
> *
>
>
> 1. Kindly refer to the email sent earlier addressed to you as annexed
> herewith as regards execution of sale deed by Span Medicals in favor of
> Harekrishna Developers . Various issues of illegalities and frauds are
> being
> examined by the Investigating Agency , Economic Offence Wing working
> under
> CID CRIME in Gandhinagar.
>
> 2. I therefore humbly request you that necessary directions are given
> to Mamlatdar as well as Talati, Circle Inspector – Madalalpur *to
> resfrain from passing entry by inserting Harekrishna Builders while
> deleting the name of Span Medicals Limited. As the matter may take
> several months for investigation by them , kindly hold till then.
>
> *
>
> 3. I am *marking* copy of the present email to the Economic Offence
> Wing by email to them ( Email address :- ecowing@gmail.com) , for
> attention of Shri Panchal , Table 3-C who is looking after this
> inquiry.
>
> 4. In the meanwhile , I humbly request you that necessary
> instructions are given to the concerned City Mamlatdar to initiate
> inquiry
> verifying the bonafides of Span Medicals claiming to be the owner of
> the
> property while ignoring my Lis Pendens document referring my Civil suit
> 5827
> of 2001 as regards this property.
>
> 5. I may face grave risk of life and harassment as the sale deed has
> been executed by Span Medicals Ltd and the scam involves sum running
> into
> crores of Rupees. Span Medicals Limited and Oriental Bank of Commerce
> both
> of them have colluded with each other and to the best of my knowledge ,
> both
> of them have kept the buyer in dark about the pending litigations
> between me
> and them.
>
> 6. I humbly *request* you to acknowledge the present email .
>
> 7. In case of clarification or explanation, I may be contacted at
> above address.
>
>
> Thanking You.
>
>
>
> Yours sincerely,
>
> Pankaj S Mody
>
> **
>
> ———- Forwarded message ———-
> From: pankaj mody <modyps@gmail.com>
> Date: Jun 1, 2007 5:05 PM
> Subject: repeat *message* Fwd: 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
> To: collector-ahd@gujarat.gov.in
>
>
>
> ———- Forwarded message ———-
> From: pankaj mody < modyps@gmail.com>
> Date: May 30, 2007 7:17 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
> To: collector-ahd@gujarat.gov.in
> Cc: secrev@gujarat.gov.in
>
>
>
> *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
>
>
>
> Enclosures being submitted separately to the City Mamlatdar, Ahmedabad for
> his reference and necessary action.
>
–
pankaj s modyEvery blow in life pierces the heart and awakens our feelings to sympathize with others; and every swing of comfort lulls us to sleep, and we become unaware of all.
