Friday, January 13, 2006

 

SOS AND TOP PRIORITY MESSAGE FOR THE KIND ATTENTION OF THE HONORABLE CHIEF JUSTICE -SHRI BHAVANISINGH OF GUJARAT HIGH COURT

From: pankaj mody <modyps@gmail.com>
Date: Jan 13, 2006 12:28 PMSubject: SOS AND TOP PRIORITY MESSAGE FOR KIND ATTENTION OF THE HONORABLE CHIEF JUSTICE SHRI BHAVANISINGH OF GUJARAT HIGH COURT..To: hcguj@guj.nic.in

SOS AND TOP PRIORITY MESSAGE FOR THE KIND ATTENTION OF THE HONORABLE CHIEF JUSTICE – SHRI BHAVANISINGH OF GUJARAT HIGH COURT. EVERY MOMENT IS PRECIOUS

FROM:-
PANKAJ S MODY
2ND FLOOR, JANMANAGAL APT
40 BRAHMAN MITRA MANDAL SOCIETY
PALDI , AHMEDABAD 380 006
EMAIL : modyps@gmail.com

Dated January 13,2006

To,
SHRI BHAVANI SINGH,
HONORABLE CHIEF JUSTICE OF GUJARAT HIGH COURT
Sola – Gandhinagar Highway.
Ahmedabad
Email:- hcguj@guj.nic.in
Fax:- 079- 27494619, 079- 27494621

Respected Sir,

Subject:- Nirma Ltd Company Application COMA 358 of 2005

I am reminded of a dutch boy attempting to plug the dam with his fingers. In a way each and every human being needs to play such role in the larger interest of the society and in personal interest by blowing the whistle as loudly as possible.

It is with this object, I am making humble prayer to your Lordship in larger interest of the society and I would be pardoned of my inadequacies of making appeal to you through unusual approach. Kindly pardon me to take such unusual approach.

PRAYER:-

It is necessary to put in abeyance the sanction and approval of scheme of takeover of Core Healthcare management by Nirma Limited in light of their Company Application 358 of 2005 till the background information is examined in detail by Gujarat High Court and narrated as under:-

1. Nirma Ltd has filed COMPANY Application 358 of 2005 through their advocate Mrs. Swati Soparkar for take over the assets (valued around Rs 1000 Crores ) of Core Healthcare Ltd at around Rs 300 crores through demerger route.

2. At instance of Sessions Court of Ahmedabad , Anti-Corruption Bureau in Ahmedabad is investigating the collusion of Core Health Management ( Mr. Sushil Handa and others) with the bankers and the inquiry is under process.

3. Core Healthcare management through their advocate Mrs. Swati Soparkar had filed Company Application 357/2005 and Company Application 383/2005 and the matter came up for hearing before the Honorable Justice Shri R Garg on 9th January 2006.

4. I the undersigned, that is Pankaj S Mody had filed OJ Civil Application 1 of 2006 in Company Application 357/2005 and Company Application 383/2005 while serving copy of my Application to Mrs. Swati Soparkar of Core Healthcare well in advance.

5. The contents of my Application is an attempt to expose the malafide intentions of Core Healthcare management.

6. On 9th January 2006 , when Civil Application 1 of 2006 in Company Application 357/2005 and Company Application on 383/2005 came up for hearing before Honorable Lordship Shri R S Garg , Core Healthcare Limited withdrew their Company Application 357/2005 and Company Application 383/2005 so as to veil their misdeeds and thereby mislead the Judiciary as my oral submissions before the Court would have exposed their malafide intentions.

7. By Core Healthcare management preempting such on the spot withdrawal oral intimation, they took advantage of the Lordship being kept in dark and thereby making my application become redundant and void especially when I was appearing as Party In Person. As I was not a practicing advocate, I had to restrain my self so as to maintain the dignity and decorum of the Lordships. On the other hand, the Honorable Justice Shri R S Garg did not have sufficient time to pause, reflect and size up the repercussions of making on the spot orders which could affect the interest of shareholders, depositors and citizens at large.

8. I have reason to conclude that Nirma Limited is likely to proceed their application (Company Application 358/2005 filed through Mrs. Swati Soparkar ) in a hot hurry so that Rs 1000 crores assets be acquired for a sum of around Rs 300 crores in connivance with bankers and bureaucrats with the sanction from the Gujarat High Court.

9. The faith and trust in Judiciary and the Banks and the Government is likely to get tarnished in the eyes of the citizens of the country in case Core Healthcare management and Nirma Limited when Core Healthcare management suppress material facts and with a result other industrialists may use such dubious tactics to go scot free setting such precedent in future.

It is duty of every citizen to blow whistle as loudly as possible so that the Titanic-India does not sink on account of Core Health management playing Duryodhana stripping the Draupadi-Citizens through Dushasana in form of bankers and bureaucrats who follow the instructions of Duryodhana that is Core Healthcare management.

I strongly feel that under no circumstances , psunami in banking sector can be allowed to take place as this small piece of information is just tip of the iceberg as we the human beings are unable to see what is beneath the surface of the iceberg especially when the iceberg concealed underneath( corruption) is colliding with Titanic-India and destroying the Titanic –India.

I do not think that no Indian citizen can afford to be caught unawares even when we are not able to physically see the hole being pierced underneath by the Core Healthcare management that is Mr. Sushil Handa and his dedicated team.

I feel it is prudent to prevent undue haste in making decision to approve Company Application 358 of 2005 of Nirma Limited for take over the assets of Core Healthcare Ltd at a distress value especially when the situation is analogous to the President of India inadvertently taking the decision on Bihar while he was on visit to Russia leading to unnecessary embarrassment.

I am willing to share additional information to impart clarity for grasping the situation in case I am permitted to explain the matter in person.

I am tendering my apology on account of my inadequacies and inexperience as a Party In Person in case your Lordship finds my humble appeal at fault .

Thanking you.


Yours most respectfully,

Pankaj S Mody


"The Only Thing necessary for evil to flourish is for good men to do nothing"- Edmund Burke.

DUTYCRACY is what we need today. If we run after our Rights, leaving Duties unperformed- they elude us like a dream. The more we chase them, the farther they fly. If a plant cuts its own roots, its fate can very well be imagined. We have reached to roots now and have started eating it too. Let us save the roots so that future generations can eat the fruits....




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