PETITION LETTER TO CHIEF JUSTICE OF GUJARAT HIGH COURT IN VIEW OF NON SPEAKING ORDER IN APPEAL FROM ORDER 176/2003
psm...@yahoo.com
http://cjguj.blogspot.com/2004/06/letter-addressed-to-cj-on-24-11-2003.html
REFER 2:
http://cjguj.blogspot.com/2004/06/telegram-sent-to-cj-of-gujarat-high.html
REFER 3:
http://cjguj.blogspot.com/2004/06/reminder-to-cj-furnished-in-january.html
REFER 4:
http://abdulkalamindia.blogspot.com/2004/09/extract-of-email-sent-on-25-7-04-to-cj.html
A letter was addressed to the Honorable Chief Justice of Gujarat High
Court on 24-11-2003 (refer 1) followed by a telegram on 1-12-2003
(REFER 2) and a letter in first week of January 2004 (REFER 3)
SHOWING RELEVANT JUDGEMNT BY SUPREME COURT..
Till date , there has been no reply as regards to the course of action
taken by him
A further email was sent on 25-07-2004 to the Honorable Chief Justice
when GTB collapsed on 24-7-2004. (REFER 4 )
MODY
http://cjguj.blogspot.com/2004/06/letter-addressed-to-cj-on-24-11-2003.html
Text of Appeal from Order is available on
http://afo176.blogspot.com and
http://afo176.blogspot.com/2004_06_01_afo176_archive.html
LETTER ADDRESSED TO CJ ON 24-11-2003
BY SPEED POST AD
PANKAJ S. MODY
2ND FLOOR JANMANGAL APT
40 BRAHMAN MITRA MANDAL SOC.
AHMEDABAD 380 006
EMAIL: mody...@yahoo.co.in
Dated: 24-11-2003
THE HONOURABLE CHIEF JUSTICE SHRI BHAVANISINGH
GUJARAT HIGH COURT
SOLA-GANDHINAGAR HIGHWAY
AHMEDABAD
RESPECTED SIR,
SUBJECT: REVIEW APPLICATION
IN APPEAL FROM ORDER 176/2003 IN
CIVIL SUIT 5827/2001.
====================================
1. Briefly stated, the facts are as under:-
(a) I had written a very valuable and informative letter to Global
Trust Bank to conduct vigilance inquiries on funds borrowed from the
Bank to the tune of Rs. 12.5.crores by the directors ,etc. of Core
Health Care Ltd and to pressurize me to withdraw that application to
cover up their acts of collusion and illegalities, I was put on police
remand in December 1999 by Mr. Jatin Jalundhwala, employee of the
company to torture,scare and humiliate me. This was done to silence me
and as I had refused to be purchased by them to keep quite.
(b) I had issued notice to that group on 12-1-2000 (Annex A-14) as that
group had given around Rs 39.00 crores NON INTEREST BEARING FUNDS to
its subsidiary TECHNOLOGY FINANCE LTD while they managed to mobilize RS
12.5 crores INTEREST BEARING loan from GLOBAL TRUST BANK with the help
of Mr. Jatin Jalundhwala by conniving with bank officers. They did not
have any explanation to offer in this regard and subtle threat was
issued through their advocate Shri. A.D.Shah to silence the undersigned
. BIFR also made adverse comments on this issue, vide annexure A-2. A
Xerox copy of which is submitted herewith.
(c) The INDIAN EXPRESS newspaper dated 7-12-2002 brought out front page
article about this group titled as GREAT BANK ROBBERY (sum involved RS.
751 crores of banks and financial institutions) vis-a-vis their lame
defense on diversion of large NON INTEREST BEARING funds to Technology
Finance Ltd. (Annexure A-3).
2. (A) I had filed Civil Suit 5827/2001 in the city of Ahmedabad
obtaining injunction and asking the party and the bank to furnish
documentary evidence of ownership of suit property and company, namely
Rupmanglam Investment Private Ltd owned by by me.
(B) One of the defendants, Dhanyuhsya Financial Ltd filed CRA 25 and
CRA 26/2002 and advocate Mr. Saurabh Soparkar appeared as counsel in
the matter on behalf of the defendant and the Honourable Judge Shri
D.K. Trivedi had given directions that the defendants SHALL FURNISH all
particulars latest by April 26,2002 and the City Civil Court shall
finalize the stay application by June 30, 2002. (Reference Annex A-4).
(C) The defendants DID NOT care to HONOUR to file the relevant details
as per HIGH COURT's directions on time by producing minute book,
statutory records of the company,balance sheets, of the so called
holding company as well as so called subsidiary company along with
records filed with Registrar of Companies, etc. as directed by the
Honourable Court. This, your Honour will agree is patent contempt of
Court and deliberate disregard of High Court's directives. Your
Honour will agree, when I allege that when the party to the litigation
ignores to comply with Courts' orders, the legal and natural
presumption is that if the documents are produced, the matter may go
against them. Having regard to the totality and the circumstances of
the case, I hope , the High Court will waste no further time to launch
contempt of court proceedings both against the party as well as their
advocate(s) who are supposed to have advised his clients to
conveniently ignore High Court directives.
(D) Sir,around April 30,2002 and December 10,2002 most surprisingly and
under suspicious circumstances, FIRE broke out in the Insurance
Building occupied by Income Tax department on Ashram Road, A'bad
where the Income Tax records of several companies including these two
companies were filed and all the files were reportedly destroyed in
fire as per the press reports. The dates of incidents suggest detailed
probing as it involves fire incident in the most important government
office and the information was brought to the knowledge of various
authorities. It appears that each and every authority concerned have
adopted deaf and dumb attitude for the reasons best known to them. Such
callous attitude encourages happenings of such fire incidents and of
serious concern to security aspects.
(E) I had contested the order passed by the City Civil Court on
8-4-2002 by filing the Appeal from Order 176/2003 and Civil Application
3110/03. (annexure A-5,A-6).The Honourable Judge Shri C.K. Buch on May
8th 2003 suggested that the matter be kept after vacation as the matter
required careful and substantial hearing as
the undersigned was appearing as PARTY-IN-PERSON only, as I could not
afford high fees of High Court Advocate.
(F) An appeal from the Order 176/2003 was heard by Honourable Judge
Miss R.M.Doshit on 24-6-2003 and the matter was dismissed summarily.The
order passed in AFO 176 (annex A-7,A-8) just stated "NO GROUND FOR
INTEREFERENCE IS MADE OUT.HENCE DISMISSED." One feels that
unfortunately, the decision has been arrived at by the Learned Lordship
without going through the bulky facts of the case as well as without
appreciating both the facts as well as the grounds in Appeal From Order
(nineteen grounds) and without calling for written submissions from the
defendants and without narrating /discussing various facets,viewpoints
and arguments in the judgement order, probably -
(i) for want of adequate time available to the Judiciary to grasp and
assimilate the complexities of the matter.
(ii) The learned judge did not appreciate adverse comments from a
stranger appearing as Party-In-Person against the advocates defending
the case of their clients on account of preset unconscious image of
familiarity of the advocates representing the defendants prevalent in
the mind and inability to erase the same from mental plane.
(iii) The learned was unaware of her own latent potential capacity of
curiosity, capacity to doubt and to inquire and to obtain written reply
from the defendants.
(iv) The learned judge lacked real inner yearning and enthusiasm to
find truth about defendants concealments and thereby deny real justice
to the applicant.
(G) Sir, I most respectfully submit that there is no intention of my
part to undermine the Dignity and Honour of the Judicial Officers, at
all. I, therefore, humbly pray that , I need not be misunderstood. Sir,
I am poor but TRUTHFUL litigant fighting for justice all alone as I
cannot afford exorbitant fees of advocates practicing in the High
Court.
3. Sir, I have filed this review application MCAST ..../2003 in this
Appeal From Order 176/2003 as Party-in -Person (Annex A-9 ) and I
feel that the original judge who has decided the matter, may not
consider the review application with unbiased mind and quite naturally.
I , therefore, most humbly pray your Honour to consider the review
application before a LARGER BENCH for the reasons stated below:-
(i) This matter involves PRESTIGE,DIGNITY AND HONOUR of Gujarat High
Court especially when the directions of the High Court in CRA 25 and
26/2002 are not complied with. It would give wrong signal to the
practicing advocates that there is no need to take seriously the High
Court directions and that it is easy to go scot free and also to
continue deceiving the learned judges.
(ii) When the charge created is of Rs 12.5 crores on a huge residential
immoveable Property near Parimal Rly Crossing, Doctor House admeasuring
3000 sq meters works out as Rs.40,000/sqmeter only which appears absurd
. And banker would never be able to recover such rate from the market
and ultimately jeopardizing the interest of depositors in the bank and
this aspect needs to be considered by the Judiciary and the Judiciary
needs to probe the bankers in depth.
(iii) The defendants group have defaulted around Rs 751 crores to
financial institutions and as the defendants have not been able to
establish ownership of the property/company in the suit property which
has been transferred by ignoring provisions of S.123 of Transfer of
Property act(without regular conveyance deed and without paying for
adequate court fees) and violating provisions of Chapter XX- C of the
Income Tax (violating mandatory requirement of obtaining 37 I
permission from income tax authorities). The Honourable Judges need to
closely examine this fishy matter and may possibly retrieve funds by
piercing corporate veil.
(iv) It would not be possible for the defendants to engage advocates
the group has already defaulted to tune of Rs 750 crores and the fact
that they are able to engage senior advocates means that they have
siphoned large amounts and have the financial capacity to engage senior
advocates. It is for this reason they need to be called in person so
that they do not dodge the real issues and their falsehoods are exposed
immediately.
(v) On one hand the Core group has filed reply with the city civil
court accepting of Mr. Soparkar's role as an escrow person which
contradicts with the reply given by Mr. Soparkar (to the Bar council
after the judgement order was pronounced on 24-6-2003) denying his role
as an escrow person which shows that the defendants as well as Mr.
Soparkar are shielding each other so that they can successfully dodge
the issue of suppressing material facts being simultaneously exposed
before the learned judges. Sly and manipulative skills are used by Mr.
Soparkar to misguide and to keep the courts in dark and this
fundamental contradiction GOT REVEALED ONLY after the decision of AFO
judgement order when Mr. Soparkar filed reply to the Bar Council. The
Bar Council deliberately did not initiate inquiry against Mr. Soparkar
even when the complaint was filed against Mr. Soparkar on 12-9-2002
(annex A-12). Bar council deliberately chose to initiate inquiry only
after the judgement order was finalized on 24-6-2003.Mr. Soparkar
denied his role as an escrow person only on 21-8-2003(annex-A-13).
Therefore, the matter needs to be examined afresh as the previous
exercise of assumptions considered by the courts have fallen to pieces
on account of deliberate deceptions of Mr. Soparkar and his clients. I
humbly request your lordship that the entire matter is reexamined. In
this connection, I am enclosing affidavit in reply by the undersigned
to the Bar Council on 22-9-2003 (Annex A-14) and needs your personal
attention. It appears that both Bar Council and Mr. Soparkar are hand
in glove as the matter has not been brought to your attention
deliberately so as to protect Mr. Soparkar from his personal
involvement in banking fraud.When lion in Mr. Soparkar in the courts
acquires timidity of lamb by not fighting to protect his own strength
of character , then it means that he is involved in banking fraud.
(vi) The order passed by the learned judge of the Gujarat High Court on
24-6-2003 appears to be perverse.
(vii) The Director General of Income Tax-Investigation Wing has thanked
undersigned vide their letter dated 19-9-2000 confirming tax evasion
based on enquiry conducted by them and the Honorable High Court would
not like to ignore the revenue angle. A Xerox copy of the same is
submitted herewith (Annexure A9). Your Honour would be shocked to learn
that the income tax authorities are deliberately avoiding action
against the group and that the income tax authorities and this group
along with their tax advocate Mr. Soparkar and the auditors Mr. Hemant
Kashiparekh are hand in glove with one another so as to shield and
protect them and inspite of several letters addressed to the income tax
authorities they have deliberately not initiated any action against
this group.The attitude of the senior officers have been reported to
the Central Vigilance Commission as well as the current top officers of
the local income tax department.
(viii) Core health Care had filed criminal defamation case 3326/99 in
Metropolitan Court-15 against the undersigned in October 1999 and the
complainant is deliberately evading to remain present in the court
seeking adjournments while the undersigned has to remain present in the
courts since 1999 onwards till date . Such frivolous practices to be
curbed by taking stern action against the defendants as well as their
advocates as it unnecessarily increases the workload of the judiciary
and cause harassment as well as bear high cost of engaging advocates
for defense.
4. Sir, our Honourable President of India in his address to the
Judiciary in April 2003 has observed need for simplicity as even the
learned people find the procedure complex, requiring assistance of
advocates for high legal fees to represent and convey the arguments on
behalf of the clients in the courts even for simple issues.
5. As the defendants as well as Mr. Soparkar have deceived the courts
as referred in para 3(v), it is necessary to serve notices to the
defendants and Mr. Soparkar and they are called upon to furnish
detailed written affidavit on oath so that the courts do not have to
rely on oral ,contradictory, concealing statements before they are
minutely examined subsequently.This is the only manner by which Mr.
Soparkar can be restrained further from ripping and raping the
financial institutions/economy which can tear apart the social fabric
of the families as the common man faces double edged sword- bank
deposit rate drifting downward while the inflation rate going up. After
the companies are financially stripped the companies are wound up so
that all the illegalities can be buried safely. Personal financial
health of promoters of CORE HEALTH CARE continue to be strong even
after the parent public limited company is stripped with help of
persons like Mr. Soparkar and the company auditors. I hope that the
acts of whistleblower like us need to be appreciated and respected when
we come foreward directly to tell the courts especially when no
advocate would like to expose the illegal acts of the fellow advocates
practicing in the high courts. Persons like us face grave personal risk
from such white collared advocate like Mr. Soparkar and his colleagues,
when we take initiative to expose their illegal actions. I have briefly
narrated the same in my letter to the Bar Council. I hope that the
matter is taken very seriously to probe the conduct of Mr. Soparkar.
6. Sir, I most humbly request your lordship to kindly allow this
MCAST..... petition be placed before LARGER BENCH in the interest of
justice, equity and good conscience . I also would like to make humble
request that complete records are called from the Chamber court and
necessary instructions are to staff to inform me in advance as I am
appearing as Party-In-Person.
7. In view of harassment by holding the undersigned on police remand,
and my acts of being a whistleblower, I hope that I am given some sort
of protection so that I am not restrained to appear before the courts
by any external unknown agencies from time to time.
Yours truly,
Pankaj S. Mody
Ahmedabad ,Date 24-11-2003
Encl: Annexures as per the original table