EMAIL DATED 16-11-2005 ON SOPARKARS

pankaj mody
WARREN BUFFET REMARK- WHOSE BREAD I EAT- HIS SONG I SING AND ITS RELEVANCE
pankaj mody
Wed, Nov 16, 2005 at 10:58 AM
To: K Rahman , pgupta@sansad.nic.in, president@icai.org, vicepresident@icai.org
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Amused and enraged by the title CA-Alphabets of Trust and Mr. Trustworthy on the brochure provided by conference to be conducted on on 25/26 th November 2005 and being organised by ICAI.

From:-

Pankaj S Mody
2nd Floor, Janmangal Apt
40 Brahman Mitra Mandal Society
Paldi, Ahmedabad 380 006
email:- modyps@gmail.com


16th November 2005,


SHRI K REHMAN , HONORABLE DEPUTY SPEAKER , RAJYA SABHA
28 AKBAR ROAD, NEW DELHI 1100 01
phone 23795782, 23795021
krkhan@sansad.nic.in



SHRI P GUPTA, MINISTER OF COMPANY AFFAIRS
18 Teen Murti Lane, New Delhi 110011
23794242,23793939
pgupta@sansad.nic.in


SHRI KAMLESH VICKAMSEY
THE CHAIRMAN OF INSTITUTE OF CHARTERED ACCOUNTANTS of India , New Delhi
president@icai.org


SHRI T. MANOHARAN
The Vice President , ICAI, New Delhi
vicepresident@icai.org




RESPECTED SIR,

SUBJECT:- All India Conference on Coprorate and Fiscal Laws on 25th and 26th November 2005 at Tagore Hall, Paldi , Ahmedabad and the theme is Corporate Challenges Changing Laws and Chartered Accountants

CONTEXT theme: WHOSE BREAD I EAT HIS SONG I SING !!!

http://www.thehindubusinessline.com/2005/09/15/stories/2005091500291100.htm

As per the copy of the Brochure I have received , Ahmedabad Branch of Western India Regional Council of the Institute of Chartered Accoutants of India has organised above conference while putting a figure of Mr. Trustworthy and emblem CA -alphabets of Trust and the conference is organised by Corporate and Allied Laws Committee ( Mr. Sunit Talati) ,Fiscal Laws Committee- Mr. Ved Jain , The Institute of Chartered Accoutants of India, New Delhi.I hope that the present communication gets noticed by various members of RajyaSabha and Loksabha and reply is given to the nation. My experience is that inspite of facilities being available to various Member of Parliaments ,there is not even one member of parliament who notices the emails sent by citizens like us. The copy of present email is being circulated to parties other than Congress and also to the media so the issues can be debated publicly and the citizens like me and others do not get looted by giving tax break to Nirma Ltd for purchasing the assets of Core Healthcare. Orienatal Bank of Commerce was given such benefit of tax break . Can we trust the community of chartered accountants who do not work in larger interest of thse society.

As per the brochure all of you are going to attend the conference.

One of the faculty member is Saurbah Soparkar , Sr. Advocate , High Court of Gujarat and he is to discus on -Deductions u/s 80IA and 80IB and he is also coordinator of panedl Discussion- Corporate Governance -Are we Late? and for valedictory function, Honorable Chief Minister of Gujarat -Shri Narendra Modi is invited (confirmation awaited) .

This issue requires your prompt attention and action on your part because the assets of Core Health care through Assets Reconstruction of Corporation is being disposed for a price of song to Nirma Ltd after the approval of shareholders is taken in the meeting on November 29,2005 as advertised by Nirma Ltd. The issue becomes relevant when Financial Express has recent article that Core Health care is being taken over by Nirma

Sir, I am amused by the title CA-Alphabets of Trust and Mr. Trustworthy on the brochure provided.

I would like to place following information for your immediate investigation , inquiry and action so as to restrain Mr. Saurabh Soparkar participating and playing a lead role in this conference for public at large. Briefly stated, the information is as under:-
Mr. Saurabh Soparkar does not act in the interest of public at large when he defended case of Mardia Chemicals case in Gujarat High Court against Gujarat Electricity Board for their outstanding arrears of over Rs on hundred twenty five crores. Should the Deputy Speaker of Rajya Sabha Mr. Rehman attend give honour to such Saurabh Soparkar attending the function playing a vital role in the conference ? Should Shri Premchand Gupta , Minister of State for Company Affairs attend the function?
Mr. Saurabh Soparkar has defended Core Health care in a winding up petition filed by American Express and he also defended this company when series of suits were filed against Core Health care Ltd. Refer internet link http://mediagtbpsm.blogspot.com/2004/10/saurabh-soparkar-representing-core.html Following observations were made by the court as referred in para 6 of the orders passed in 1998 .
" It is also not in dispute or disputable that, on an approximation the total assets of the respondent company are worth about Rs.1000/- crores, that a consortium of financial institutions have agreed torescheduling of the debts due to them of approximatelyRs.800/- crores"

· Now Mrs. Swati Soparkar , wife of Mr. Soparkar is
giving helping hand of being matchmaker to help Nirma to take over the assets of Core Health care for a price of song where by Nirma can get huge tax benefit. She has also appeared in the High court for company matters which involve amalagamtion , liquidation petitions in Gujarat High Court. Some of the companies have been erased to shield the industrialists by silently permitting them to siphon funds. Refer internet link http://www.financialexpress.com/fe_full_story.php?content_id=106632 whereby there is distress sale vis a vis the Judge noting of valuation of assets around Rs 1000 crore as referred in the preceding paragraph in American Express case.
· Mr. Soparkar appeared as a counsellor for Dhanyushaya Financial ( Span Medicals ) in CRA25 and 26/2002 while no one appeared on behalf of Core healthcare , Jatin Jalundhwala and Global Trust Bank for term loan taken by Core Health care of Rs 12.5 crores . In this particular case he did not appear for his client Core Health care. Even when the High Court gave directions in his presence to furnish the necessary documnetary evidences of ownership of companies by April 26,2002 - he and his colleague advocate Mr. Amar Bhatt went for vacation abroad and thereby deliberately obstructing the process of justice to the undersigned.
· The undersigned has filed complaint against Soparkar with Bar Council of Gujarat and in his response, he has specifcally stated that he had no role to play in the take over of Rupmangalam Investment Pvt Ltd and Flovin Plastics Pvt Ltd even when Dhanyuhsya , Jalundhwala and Core Health care has filed affidavit in civil suit 5827/2001 proceedings ( implied that t Mr. Soparkar have given all necessary documents of ownership pertaining to Rupmanaglam Investment Pvt Ltd and Flovin Plastics Pvt Ltd. Till date Mr. Saurabh Soparkar has not given any response. In case he is not truly involved of handing over the documents of ownership of these companies , then how come is he not restraining Oriental Bank fo Commerce to take the possession of immoveable property of Rupmanaglam Investment Pvt Ltd and Flovin Plastics Pvt Ltd on account of default of Core Health care and Span Medicals amounting to Rs 12.5 crores plus interest of around Rs 10 crores ?. By remaining silent is he not conveying to the public at large that he is also part of banking fraud while clandestinely shielding promoters of Core Health care and the bankers like GTB and OBC?
· The Economic Offence wing under Crime Department has asked for help and support of the Chartered accountants as they do not have the expertise to understand complex corporate crimes . Who is going to volunteer from the Institute to prevent such corporate crimes while giving their written certificate in form of affidavit in larger interest of society publicly.. WHAT IS THE SIGNIFICANCE OF those CORPORATE LAWS , where by the innocent people get trapped by placing trust in the chartered accountants while the Institute of Chartered Accountants remaining silent and indifferent inspite of email to Institute of Chartered Accountants after GTB collapse while referring the name of eminent advocate like Saurabh Soparkar.
· The undersigned had written to Institute of Chartered Accountants of India immediately after GTB collapse in September 2004 and in such an important matter , the Institute of Chartered Accountants remained silent. Is it not there natural obligation to the society to take the initiative to volunteer in larger interest of the society. Refer the link of correspondence with ICAI :-
http://mediagtbpsm.blogspot.com/2004/09/draft-of-query-letter-to-institute-of.html
· How come Mrs Swati Soparkar not exposing Handas who are managing Claris Life Sciences being run from a multistoreyed building opposite Doctor House and adjacent to Parimal Rly Crossing , Ahmedabad? Are Soparkars that blind that they are not aware of this fact that Core Health care and Maradia Chemicals have been referred as great robber companies in fornt page article published by Indian Express on 7-12-2002.Why he does not come forward and tell Oriental Bank of Commerce forcefully that the entire direct and indirect wealth of Handas be seized. Internet Link of Claris Life sciences is as under so that it can be observed by everyone http://www.clarislifesciences.com/
· Besides , Core Health care's name has also surfaced in the Volcker report in Oil for food program reflecting that for a flimsy amount they are tempted.
· As there is ongoing investigation by the Anti Corruption Department in light of the orders passed by the Sessions court against Core Health care management and their associates and bankers as referred in the following link , it is necessary that pending these investigation and case matter,you need to take all the steps to stop such takeover by Nirma Ltd at a distress price especially when Saurabh Soparkars are dealmakers so that they can allow Sushil Handa to go scot free. Refer news on case filed as per the link :- http://www.business-standard.com/common/storypage.php?storyflag=y&leftnm=lmnu2&leftindx=2&lselect=1&chklogin=N&autono=198722



I have very briefly touched some issues so that all of you pause to think and refrain from attending such conference where Mr. Soparkar is participating and playing an active role and has played a vital role in destroying my family on account of trust reposed in him and his friend chartered accountant Mr. Heman Kashiparekh. I do not wish that other families get trapped where by other families get destroyed. He is too timid and spineless to file criminal action against me inspite of my reply to him through Bar Council of Gujarat.

In case all of you attend such conference , it would be analogous to Govinda attending the party as exposed in media to support the cause of Soparkar of attracting industrialists at the expense of common public being looted through his active support for the benefit of those industrialists. On account of time constraints, additional details cannot be furnished.

Who is going to listen to the voice of litigant when such senior advocate cum Chartered accountant like Saurabh Soparkar shamelessly mislead the judiciary so as to support the cause of crook industrialists like Core Health care and the crook bankers like GTB and OBC.

How can one get justice when the courts do not have high strength of judges so that they can give necessary time for party appearing as party in person while companies like Core Health care and Maradia Chemicals has the financial resources to hire services of advocates like Saurabh Soparkar to represent the cases in the courts and thereby we are being deprived of fairness in getting justice. Newspaper reports that cost of litigation for CBI in Salem's case is running into crores.Where do we get this kind of funding to fight our cases and get timely justice for ourselves, our family and the society at large so as to catch such sophisticated culprits ?

It is for you to make a choice that whether you want to play Krishna to help Arjuna or Karna to support Duryodhana and Shakuni or remain mute spectator like Bhisma to destroy the citizens.

Is the country preparing for internal national war devouring the people the way we see frustrations building up like terrrorists targetting parliament , akshardham , recent explosion in New delhi and the outrage of people, farmers on account of inflation , higher electricity bills , DICGC not releasing timely full payment to the depositors while ketan parekh, Sushil Handa , Ramesh Gelli , Buta Singh go scot free.

Are the leaders not going to take stringent immediate actions? Are we on a spree to let Dushashana to strip the citizens in form of Draupadi ?

It is time for everyone including leaders to pause and reflect for the good of our children and grandchildren and the children of the society as their future is in your hands as we common Indians are helpless. By your stringent actions perhaps you would be able to abate violence and let Indians live in harmony.

I do look forward to your detailed probe in the matter forthwith while cancelling your participation showing your open dissent to Mr. Soparkar who is actively participating in the conference reminding a quote of Warren Buiffet –Whose bread I eat, his song I sing.

As you are learned chartered accountant with sizeable experience and holding position in Rajya Sabha you would be able to take effective steps to restrain Mr. Saurabh Soparkar from attending such conference and would take all the necessary steps to prevent take over of Core Health care by Nirma Ltd prior to the meeting on 29th November 2005.

With such stringent action , you would be giving opportunity toe expose the crook bankers like Oriental Bank of Commerce (who refrain from giving affidavit specifying whether Core Healthcare had created charge on its assets prior to August 1998 or not with Global Trust Bank or not) and Mrs. Usha Thorat , Executive Director of Department of Reserve Bank of India remaining silent on this issue inspite of emails to her.

Mr. Soparkar is talented person and Gold medalist Chartered accountant having adequate financial resources where by he can take vacation abroad every year and hence it is necessary that his talents and expertise is utilized for exposing crooks like Sushil Handa and the crook bankers like Oriental Bank of Commerce and Ramesh Gelli and to expose the filth in Department of Banking Supervision of Reserve Bank of India and pave way for recruitment of fresh chartered accountants in various Economic offence wing prevailing in various states both as apprentice and as regular job so that we the citizens do not have to depend on ignorant police investigating the corporate crimes.

I am sure that Mr Soparkar would not mind blowing whistle on Handa of Core Health care and the bankers like OBC so as to clear his name getting involved in the fraud associated with GTB(now OBC) by his tacit support to Handa and his associates.
In case he does not take such initiative , there are enough grounds to establish that he is shielding Handas so as to save himself and his wife. As he is timid and spineless , he has not filed criminal defamation against the undersigned producing necessary evidences of his innocence showing his guilt.

I sincerely hope that such conferences are not used to give a big slap on the face of common Indians and children in guise of Mr.Trustworthy -CA -Alphabet of Trust.

I do hope that I receive your prompt communication in this regard forthwith.


Humbly yours,

PANKAJ S MODY
( who has some understanding of finance by way of participation in five month Management Education Programme at IIM- ahmedabad ).