Draft of Query Letter to Mr. Hemant Kashiparekh auditor of Rupmanglam and Flovin
Draft of letter addressed to Hemant Kashiparekh
Hemant Kashiparekh
Akshay Apartment
Old High court Lane
Ashram road
Ahmedabad
Telephone
Fax 079-26585770,
Hemant Kashiparekh
Akshay Apartment
Old High court Lane
Ashram road
Ahmedabad
Telephone
Fax 079-26585770,
079-26586770
Subject : Creation of charge by GTB on immoveable property owned by Rupmanglam and Flovin Plastics Pvt Ltd.
1. We are conducting a reports in relation to GTB which had closed shutters and you as auditor of Rupmanglam Investment Private Ltd and Flovin Plastics Pvt Ltd would have all the necessary information available with you in this regard as Mr. Jatin Jalundhwala has created charge on the immoveable property of (called Rupam Bunglow near Doctor House , parimal crossing) Rupmanglam Investment Pvt Ltd and Flovin Plastics Pvt ltd and the said charge was created first in 1998 and then renewed in March 1999 for Rs 12.5crores.
2. Both GTB as well as Jatin Jalundhwala and Dhanyushya financial has not adduced documentary evidence in form of your certificate as auditor of these two companies. In view of the above situation , kindly furnish following information forthwith as under:-
v Do you certify that Mr. Jatin Jalundhwala and Mr. Ameet Desai are sole legal directors of these two companies at the time of creation of charge in 1998.
v If so , how you have ascertained that they are legal directors. Furnish certified copy of minute book record to this effect from 1995 onwards.
v Kindly furnish detailed information as to who are the legal share holders of shares belonging to mody family members and all the necessary minutes passed in this regard and in case Dhanysuhya is the legal share holder of Rupmanglam and Flovin Plastics Pvt Ltd , kindly adduce evidence that the stamped share transfer deeds has been presented to Rupmanglam and Flovin Plastics Pvt Ltd within validity period of two months from the date on the transfer deeds and the same is correctly shown in the audited balance sheet of Dhanyushya Financial Pvt Ltd. We understand that the shares have not been shown till 1997 by Dhanyushya while the income tax department has raised such demand for the year 1996 from some of the mody family members.
v Please also adduce complete details whether such share transfer was as per the provisions of articles of association and memorandum of the companies pertaining to Rupmanglam and Flovin.
v We also have a copy of your letter addressed to Mr. Saurabh Soparkar for consulting him on taxation matter as regards to Parbhulal Bhikhabhai Shah family. Do you confirm that you have written such letter and met Mr. Soparkar along with Mody family members for tax consultation as well as MOU drafting by Mr. Soparkar ?
v The copies of Mous furnished by Dhanyushya as well as Jatin Jalundhwala to the city civil court in suit 5827/2001 has shown presence of you as well as Mr. Saurabh Soparkar as escrow persons and both of you in possession of various documents and as long as both of you do not give your written consent they cannot be legal owners of these two companies.
v Have you entered into any correspondence with GTB, Jatin Jalundhwala , Saurabh Soparkar and whether you have received any correspondence from them and whether you have replied to them ? Kindly furnish your reply.
v Please let us know whether you performed role as an escrow person or not. If you and/or Mr Soparkar has not performed role as an escrow person , then kindly furnish a copy of detailed affidavit from Mr. Jatin jalundhwala in this regard as to how he has acquired legal ownership of the companies when both of you have not played role of escrow persons.
v We understand that Span Medicals is audited by you and as auditor of Span Medicals Ltd , whether you have approved amalgamation of Rupmanglam and Flovin Plastics Private Ltd carried out by Mrs. Soparkar. If so, please give a reply in this regard along with copy of the audited balance sheet as it happens to be a public limited company.
3. Mr. Mody has sent several letters (29-7-1999, 22-3-2002,1-4-2002,6-8-2002 ,etc) addressed to you. Kindly furnish a copy of detailed reply to his letters and notices in form of affidavit signed before a banker certifying as your true signature. You must be aware that Mr. Pankaj Mody has filed complaint against Mr. Soparkar and you can see the text by surfing on net by going to link http://www.barcoun.blogspot.com
Subject : Creation of charge by GTB on immoveable property owned by Rupmanglam and Flovin Plastics Pvt Ltd.
1. We are conducting a reports in relation to GTB which had closed shutters and you as auditor of Rupmanglam Investment Private Ltd and Flovin Plastics Pvt Ltd would have all the necessary information available with you in this regard as Mr. Jatin Jalundhwala has created charge on the immoveable property of (called Rupam Bunglow near Doctor House , parimal crossing) Rupmanglam Investment Pvt Ltd and Flovin Plastics Pvt ltd and the said charge was created first in 1998 and then renewed in March 1999 for Rs 12.5crores.
2. Both GTB as well as Jatin Jalundhwala and Dhanyushya financial has not adduced documentary evidence in form of your certificate as auditor of these two companies. In view of the above situation , kindly furnish following information forthwith as under:-
v Do you certify that Mr. Jatin Jalundhwala and Mr. Ameet Desai are sole legal directors of these two companies at the time of creation of charge in 1998.
v If so , how you have ascertained that they are legal directors. Furnish certified copy of minute book record to this effect from 1995 onwards.
v Kindly furnish detailed information as to who are the legal share holders of shares belonging to mody family members and all the necessary minutes passed in this regard and in case Dhanysuhya is the legal share holder of Rupmanglam and Flovin Plastics Pvt Ltd , kindly adduce evidence that the stamped share transfer deeds has been presented to Rupmanglam and Flovin Plastics Pvt Ltd within validity period of two months from the date on the transfer deeds and the same is correctly shown in the audited balance sheet of Dhanyushya Financial Pvt Ltd. We understand that the shares have not been shown till 1997 by Dhanyushya while the income tax department has raised such demand for the year 1996 from some of the mody family members.
v Please also adduce complete details whether such share transfer was as per the provisions of articles of association and memorandum of the companies pertaining to Rupmanglam and Flovin.
v We also have a copy of your letter addressed to Mr. Saurabh Soparkar for consulting him on taxation matter as regards to Parbhulal Bhikhabhai Shah family. Do you confirm that you have written such letter and met Mr. Soparkar along with Mody family members for tax consultation as well as MOU drafting by Mr. Soparkar ?
v The copies of Mous furnished by Dhanyushya as well as Jatin Jalundhwala to the city civil court in suit 5827/2001 has shown presence of you as well as Mr. Saurabh Soparkar as escrow persons and both of you in possession of various documents and as long as both of you do not give your written consent they cannot be legal owners of these two companies.
v Have you entered into any correspondence with GTB, Jatin Jalundhwala , Saurabh Soparkar and whether you have received any correspondence from them and whether you have replied to them ? Kindly furnish your reply.
v Please let us know whether you performed role as an escrow person or not. If you and/or Mr Soparkar has not performed role as an escrow person , then kindly furnish a copy of detailed affidavit from Mr. Jatin jalundhwala in this regard as to how he has acquired legal ownership of the companies when both of you have not played role of escrow persons.
v We understand that Span Medicals is audited by you and as auditor of Span Medicals Ltd , whether you have approved amalgamation of Rupmanglam and Flovin Plastics Private Ltd carried out by Mrs. Soparkar. If so, please give a reply in this regard along with copy of the audited balance sheet as it happens to be a public limited company.
3. Mr. Mody has sent several letters (29-7-1999, 22-3-2002,1-4-2002,6-8-2002 ,etc) addressed to you. Kindly furnish a copy of detailed reply to his letters and notices in form of affidavit signed before a banker certifying as your true signature. You must be aware that Mr. Pankaj Mody has filed complaint against Mr. Soparkar and you can see the text by surfing on net by going to link http://www.barcoun.blogspot.com
4. It is imperative that you extend whole hearted support so that we can report banking frauds in relation to GTB so as to prevent such frauds happening again. I look forward to your reply forthwith. In case you remain silent inspite of your duty to speak in public interest in this regard then we may draw inference that you are tacitly associated in banking fraud in connection with GTB.
Thanking You.
Yours faithfully,
Link to some of the letters addressed to you
posted by mody @ 2:00 am
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