Message 1 Draft of Background information on GTB

THE DOG THAT DID NOT BARK

Inspector Gregory:"Is there any other point to which you would wish to draw my attention?"
Holmes: "To the curious incident of the dog in the night-time."
"The dog did nothing in the nighttime"
"That was the curious incident," remarked Sherlock Holmes.
From "The Adventure of Silver Blaze" by Arthur Conan Doyle

1. In order to expose banking fraud, a whistle was blown by Mr. Mody by writing a private and confidential letter on 24-7-1999 to the vigilance department of Global Trust Bank requesting them to examine and verify minutely as regards to charge created by Mr. Jatin Jalundhwala ( Employee of Core Health Care Ltd ) posing as director of Rupmanglam Investment Pvt Ltd in August 1998 for Rs 11.00 crores and subsequently renewed to Rs12.5crores in March 1999 and whether Jalundhwala had necessary power and authority of legal board of directors as well as shareholders of Rupmanglam Investment Pvt Ltd. A Letter was written to Mr. Hemant Kashiparekh , auditor of Rupmanglam on 29-7-1999 ( He did not respond because of his guilty conscience).

2. As per the contents of this letter to the Bank , the bank ought to have minutely examined on its own as well as experts on company law

a) the contents of the notice given by advocate Shri Ashok D Shah on 12-12-98 where mody family members have been accepted ,confirmed and acknowledged as directors of Rupmanglam Investment Pvt Ltd

b) that Dhanyushya has not dared to reply given on 1-2-99 by refuting the claim of Mr. Mody continuing as director of Rupmanglam as well as furnishing detailed auditor certificate from auditors of Rupmanglam and Dhanyushya showing that complete share ownership vests with Dhanyushya and full control of board directors vests with Mr. Jalundhwala and his colleague Mr. Ameet Desai and on account of such full authority and power from legal shareholders and board of directors , they had necessary power to execute charge on the immoveable property of Rupmanglam Investment Pvt Ltd.

3. It was necessary for a private bank to depict a clean, honest and transparent approach. Mr. S.R.Krishnamurthy, Head of Global Trust Bank ought to have exhibited bank’s sincerity and integrity by furnishing to Mr. Mody, detailed findings of vigilance inquiry ( by making all the needed cross checked references as a conservative banker) report in form of detailed report signed by all the persons involved in preparing such report backed by certified copies of connected auditors and reply given by advocate A D Shah pursuant to reply given by advocate K V Shelat on 1-2-99.

4. Instead, Mr. Krishnamurthy gave a brief reply vide letter dated 21-10-1999 stating that Mr. Jalundhwala has necessary authority/power to create charge (but not refuting Mody’s presence as director and control of share ownership) and ended letter by desperately wanting to close the topic. On same day a criminal defamation suit was filed by Core Health care vide 3326/99 in the Metropolitan Court –15 against Mr. Mody and the contents of the case referred that the private and confidential letter addressed to GTB had been passed on to Core Health Care. AS Mr. Mody could not be silenced by this defamation case , Mr. Jalundhwala in a separate complaint managed with police to subject Mr. Mody to a five day police remand in December 1999.

5. The police authorities did not conduct all necessary as well as thorough minute detailed inquiries by making cross checked inquiries with GTB, the auditors of Rupmangalam, Dhanyushya and the advocate Mr. Ashok D Shah in view of contents of various notices by Ashok D Shah and reply given by Mr. Shelat. Instead all actions were taken with ulterior motive of subjecting Mr. Mody succumbind under Police pressure, threat and torture during Police remand.

6. GTB failed to give reply to the notice given by Mr. Mody through his advocate on 21-12-99 where by once again all necessary certificates from the auditors were called.

7. Mr. Mody filed city civil suit 5827/2001 in Bhadra court in December 2001 and obtained temporary injunction on GTB , Dhanyushya , Jalundhwala ,Core Health care along with appointment of Court commissioner to take documents on avaljapti. GTB furnished

(a) copy of charge register being maintained by them and as per the details furnished therein - the charge register did not depict that Mody family members had resigned as directors of Rupmanglam

(b) furnished copy of Mr. Jalundhwala as additional director of Rupmangalam ( which by itself does not confirm that he continued as director of the company on the date of creation of charge ). Mr. Jalundhwala inspite of his written assurance that he will furnish details to the court commissioner , he did not do so - showing that he had guilty consicence. The court commissioner did not pursue the matter for obvious reasons.

8. Dhanyushya filed civil revision appeal in Gujarat High court so as to lift injunction and to avoid court commissioner making further inquiries. GTB could have seized God sent opportunity to demand complete documentation of authority to execute documents and thereby could have forced complete recovery of loan along with interest from them –but they did not appear in the High court at all in civil revision appeal.

9. The Gujarat High Court had given directions to all of them on April 15th 02 that all of them shall furnish all documentary evidence latest by April 26 2002 and the matter would be decided by June 30,2002. Inspite of their noncompliance to furnish detailed documentary evidence by that date, the city civil court court permitted to accept piecemeal ,useless information as late as December 2002 from GTB while lifting the injunction in the original suit 5827/2001 which is still pending in the court.

10. GTB has failed to take drastic action against Dhanyushya , Jalundhwala and Core Health care inspite of Mr. Mody’s letter dated 19-5-04 and document of Lease Pendence filed as referred in his letter on 14-6=04 depicting that the city civil suit 5827/2001 is pending in the city civil court.

11. The fact that Core health care is not remaining present and not producing Mr. Jalundhwala and officers of GTB in the criminal defamation case 3326/99 shows that they do not have necessary conviction against me but a ploy is used by bank and Core Health care to silence Mr. Mody.

12. When Mr. Mody has represented to the Chief Minister of Gujarat that Core Health care are neither appearing nor pursuing the matter in the Metropolitan court in defamation case and Mr. Mody firmly asserts that this group had made false presentation to Police to subject Mr. Mody to remand and therefore it becomes the responsibility of Government of Gujarat through Police and the Metropolitan Court to conduct thorough inquiries on these persons so as to stop such frivolous cases and so also to catch hold of officers of GTB colluding with this group. It becomes more relevant , especially when GTB recently had to close shutters.

13. When various authorities do not want to initiate detailed inquiry by recording the statements before the magistrate in open court , would it not mean that they want to encourage such practices in the state so as to help great bank robbers looting the banks in collusion with Bank officers, connected advocates and auditors ??? Can Chief Minister of Gujarat answer why his administration is not taking initiative to look into the matter promptly inspite of the assurance given by his Principal Secretary Mr. Hasmukh Adhia in his email to Mr. Mody In June 2004??? Does Chief Minsiter realize that Mr. Mody can be harassed and tortured once again ??? Does he realize that on account of his whistle blowing he and his family has undergone harassment from the income tax department ???

14. The President of India in his address has mentioned that even for educated persons , getting justice has become very expensive as well as very complex and there is urgent need to find solutions to this issues. Does the honorable judges of Gujarat High court want to take initiative to conduct necessary inquiry on its own to protect the atrocities that Mr. Mody and his family faced???

15. The contents of the letters to Global Trust Bank are available on www.gtbcore.blogspot.com

16. The time is right to draw lessons from famous Sherlock Holmes story The Sliver Blaze. "The Dog that did not bark" AND THE CITIZENS QUESTION - ALL THOSE DOGS THAT DID NOT BARK WHEN MR MODY BLEW WHISTLE ON GTB AS BACK AS 1999 !!!!!