common letter to Handas and Jalundhwala dated 16-3-2005

Inspite of the following letter sent out to them on 16th March 2005 , they failed to atttend the court 15 of the Metropolitan court on 18th March 2005. In fact no one attends the courts from their side including their advocate Kiram Bhrambhatt.

From : Pankaj S Mody 40 BMM SOCIETY
PALDI ,
AHMEDABAD 380006
modyps@gmail.com

psmody@yahoo.com

16th March 2005,

to

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 :-

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.

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.

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.

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.

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