Monday, February 18, 2019

We, the People have lost more than Rs 12 Lakh Crores due to fraud by Corrupt Bankers & others

During the past almost 72 years since the so-called ‘independence’ in 1947, We, the People have lost more money due to frauds committed by public sector undertakings, institutions and companies which are ‘regulated’ by instrumentalities of the State than in fraudulent transactions committed by private ‘unregulated’ entities. The difference between the two is huge and incomparable.
The public lost more than 12 lakhs Crores Rupees called NPAs. It may be noted that not a single rupee was stolen or robbed, yet huge sums of public money lost solely due to wrongful lending by corrupt bankers & decision-makers who lined their own pockets first with the substantial share in the ‘authorized & regulated’loot.
The ‘unregulated’ Shardha and many other similar ‘ponzi’ schemes by private players just pale in comparison when placed side by side with the mind-blowing ‘loot’ of public money by ‘regulated’ public sector companies, banks and institutions.
Take the example of unbearable loss caused by banks, Air India, MTNL, BSNL,SAIL, etc. which have been regularly bailed out with more public money year after year.
In this view of the shocking history of incalculable loss of public money, one is tempted to say not only our laws, but even the adjudicating and enforcement organs have been‘silent’ facilitators throughout this period.
The bigger tragedy has been when corrupt bankers got posted as high officials in CVC and CBI – which of late have been reeling with corruption charges leveled by their own one group of officials against the other. It is now well established that 75-80% of the total public money is lost majorly due to acts & omissions committed by senior management who use, as co-conspirators, their subordinate internal employees in banks and other public sector companies and organizations.

It is high time that end is put to this rotten state of affairs. The judges are the first independent public guardians who can arrest this growing menace … rather can nip this evil monster in the bud by refusing to grant Stay on court proceedings against rogue bankers in trial courts.

Saturday, October 17, 2009

Brief notes about Frauds by Vijaya Bank, Indian Bank & O P Bhasin

May I request you to kindly permit to bring for Your Excellency’s kind consideration the unlawful and unauthorized transfer of a huge sum of Rs 2 Crores from my NRE Account No. NRE 6523 by Vijaya Bank in 1990. My above NRE Account was opened in 1990 with an initial deposit of Rs 4 Crores at the Defence Colony branch of Vijaya Bank.

On filing a criminal complaint by me, the manager was arrested, yet Vijaya Bank’s management has refused to refund my hard-earned money, which sum as of today i.e. after almost 19 years has become approx. Rs 37 Crores (@13% pa compounded quarterly).

The Vijaya Bank has admitted in its Joint meeting with me and later, duly accepted by its Board, that once the modalities of refund are worked out, applicable interest shall be paid on the said sum of Rs 2 Crores, which the Bank has wrongly adjusted against the liabilities of Asian Wire Ropes Ltd, though there was no precondition to my taking over the said Asian Wire Ropes Ltd.

This was admitted in 1992, yet after almost 17 long years, Vijaya Bank has not refunded my hard-earned money, rather has been delaying the court proceedings by resorting to falsehood for which its erring employees have also been arrested and are on bail now.

You Excellency, I request for Your Excellency indulgence in this matter.

I assure, Your Excellency, my full and absolute cooperation at all times.



(Mohan Shandilya)



A brief note on the fraud by Indian Bank



I had kept in NRE FD a sum of Rs 8.80 Crores in 1989 at Defence Colony New Delhi Branch and at East Abhirampuram Chennai Branch for five years. Indian Bank on maturity has refused to return the maturity proceeds of the said NRE FDs to me, rather has filed three false cases against my three companies. Even then, the DRT passed an order directing the Indian Bank to refund to me the maturity proceeds of my NRE FDswhich amount today is approx Rs 144 Crores at the rate of 13% compounded quarterly. The Order of DRT New Delhi is a speaking order and the same is annexed herewith for your kind consideration.



A brief note on 47 Ring Road Lajpat Nagar New Delhi 110024.


MOHAN SHANDILYA
Advocate
F-23 Green Park (Main), New Delhi - 110016. Tel:9811037485; E-mail: shandy@unforgettable.com

I, Mr Mohan Murti Shandilya, aged about 57 years, son of Late Shri Satya Swarup Shandilya, presently r/o F-23 Green Park (Main), New Delhi 110016, do hereby solemnly make the following Statement of Facts with regard to the property 47 Ring Road, Lajpat Nagar-III, New Delhi 110024 which is duly registered and mutated in the name of my company M/S Gambro Nexim (India) Medical Ltd (true copy of the Sale Deed dated 5th February 1992 alongwith all the court documents pertaining to different cases in Delhi High Court, Patiala House and Tis Hazari already handed over to you) :
1. That the property No. 47 Ring Road, Lajpat Nagar III, New Delhi -110024 (hereinafter called ‘subject property’) is a Leasehold property of L&DO (the Lessor) and stands duly registered and mutated till date in the name of Lessee M/S Gambro Nexim (India) Medical Ltd (hereinafter called ‘GNIML’) vide duly registered Sale Deed dated 1992. A true copy of the Sale Deed is annexed herewith as Annexure 1.
2. GNIML had given the subject property on rent to its sister company Renom Industries, and Renom Industries in 1994 further sub-leased the same to Samsung.
3. On 27.3.1997, GNIML entered into an Agreement to Sell with Motor & General Finance Ltd (MGF -hereinafter called ‘prospective buyer’) for a sale consideration of Rs Eight Crores, and applied to Income Tax Department for Tax Clearance Certificate which is mandatory and without which no property can be transferred and registered in the name of the prospective buyer.
4. The Income Tax Department did not give the permission, rather passed a prohibitory order and duly served the said Prohibitory Order on the prospective buyer (MGF) as well as on the Sub-Registrar, Delhi with directions not to transfer/register the subject property in the name of the prospective buyer.
5. Thus, the said Agreement to Sell could not be registered as Sale Deed in favour of the prospective buyer (MGF) and, therefore, the said Agreement to Sell fell through and became unenforceable in a court of law. Similarly, all the ancillary documents executed along with the said Agreement to Sell became null & void. A true copy of the Agreement to Sell is annexed herewith as Annexure 2; and a true copy of the prohibitory order is annexed herewith as Annexure 3.
6. However, the original Sale Deed came to be in the hands of the prospective buyer because on specific instructions of GNIML he had paid a part of the sale consideration directly to Punjab & Sind Bank who was holding the said original Sale Deed as equitable mortgage for a loan availed by GNIML and its sister companies. The prospective buyer had thus acted on the specific instructions of GNIML and made the payment of the entire outstanding dues and took from the bank the original Sale Deed.
7. That once the Agreement to Sell failed as explained hereinabove, instead of returning the original Sale Deed to the Owner i.e. GNIML, and demanding the refund of the entire advance payment made to GNIML under the expired Agreement to Sell, the prospective buyer entered into a criminal conspiracy with a stranger, Mr O P Bhasin and his associates , to unlawfully give away the subject property to that stranger, Mr O P Bhasin and his associates, at the back of the Owner, GNIML and also without its consent/permission/authorization and/or approval.
8. As part of the criminal conspiracy to evade the Income Tax non-granting of permission/clearance to transfer the subject property, the accused persons i.e. MGF Ltd, its director Mr Rajiv Gupta, Mr O P Bhasin and his relatives and company Bhasin Tobacco Ltd (hereinafter called Bhasins) made an unlawful and unauthorized, but unsuccessful, attempt vide an application dated December 1999 to the Lessor, L&DO, for conversion of the Leasehold subject property into Freehold and for the said purpose MGF deposited a sum of Rs 5,20,000=00 given by Bhasins. A true copy of the said application is annexed as Annexure 3. These criminal acts were done by the accused Bhasins without the knowledge of the true owner, GNIML.
9. But L&DO rightly rejected and dismissed their application for conversion of the subject property saying that the actual owner i.e. GNIML only has the right to apply for conversion.
10. Thereafter, in April 2000 the accused person with the sole criminal intent to evade the law subdivided the subject property in gross violation of the terms and conditions of Lease by L&DO wherein sub-division of the subject property was strictly prohibited. A true copy of the said Terms & Conditions of the Lease is annexed herewith as Annexure 4. This criminal act was also committed by the accused Bhasins without the knowledge of the true owner, GNIML.
11. Thus, the accused persons entered into eight unlawful Agreements to Sell as well as eight Power of Attorney dated April 2000 in eight names of different relatives and company & HUF of the accused Bhasins.
12. The accused Bhasins also made false receipts of unlawful consideration for the subject property.
13. Then, again in 2006 the accused Bhasins again made unauthorized eight Applications to L&DO for conversion of the now-unlawfully sub-divided subject property. But the L&DO again rejected and dismissed their all the eight Applications by further pointing out that they had sub-divided the subject property which is strictly prohibited.
14. Meanwhile, in 2003, the accused Bhasins filed a false case against Mr Mohan Murti Shandilya in Tis Hazari which was dismissed as withdrawn on the very first day of hearing with recording of the statement that Mr Mohan Murti Shandilya can dispossess the Bhasins from the subject property with due process of law.
15. Therefore, a criminal complaint was filed by GNIML against the accused Bhasins in the Court of Ld MM Shri Saurabh Kulshreshth at Patiala House Court and the Ld MM was pleased to pass an order u/s 202 CrPC directing the PS Lajpat Nagar to send a report in respect of the truthfulness of the statement made by the complainant. The PS Lajpat Nagar filed the said report wherein it recorded the statements and perused the documents produced before it and declared that the accused Bhasins may be summoned and prosecuted as per due process of laws since the title of the subject property is in the name of M/S Gambro Nexim (India) Medical Ltd, the complainant.
16. The acts of the accused persons are criminal on the following basis:
a) The said Agreement to Sell between GNIML and MGF had failed and the Sale Deed between GNIML and MGF could not be prepared & registered because of non-grant of the mandatory permission by Income Tax Department, yet the accused persons have been using the same falsely as if the said Agreement is in force.
b) The alleged Power of Attorney by GNIML in favour of MGF is invalid and unenforceable because it does not have the signature of the Managing Director and seal/rubber stamp of the company M/S GNIML; further, it is made by Mr Mohan Shandilya in his own name and on his own behalf (and not in the name and on behalf of GNIML); further also, it is not in favour of MGF but it is in favour of an individual Mr Rajiv Gupta by an individual Mr Mohan Shandilya who has no authority on behalf of GNIML.
c) The amount of sale consideration in the Agreement to Sell between GNIML and MGF is Rs Eight Crores, while accused Bhasins have entered into Agreement to Sell of the subject property for a consideration of Rs Four Crores Seventy Five Lakhs. No businessman would buy a property for Eight Crores and sell the same at almost half the amount. Therefore, it is clearly a case of unlawful consideration in the form of black money and amounts money laundering.
d) Similarly, at the time of the failed Agreement to Sell, Samsung was the tenant in the subject property paying almost Rs 12 Lakhs per month to the sister concern of the Owner - GNIML, while the accused persons have filed a Rent Agreement with HDFC Standard Life for the same property at a monthly rent of a mere Rs Six Lakhs i.e. at half the last paid rent. Once again, the accused Bhasins are habitual criminals fully engaged in money laundering activities by dealing in black unaccounted money.
e) In the latest case before the Hon’ble Delhi High Court, the accused Bhasins have admitted that the false documents executed by MGF are of no use because L&DO has again rejected their application, therefore, MGF may be directed to have the subject property converted into Freehold because it holds the alleged Power of Attorney from the actual/real Owner – GNIML. The accused Bhasins have again dishonestly suppressed the fact that the alleged Power of Attorney is invalid and is not by the real Owner – GNIML, but by an individual and on his personal behalf. Anyway, the said alleged Power of Attorney is duly cancelled because a Power of Attorney can be cancelled at anytime. A true copy of the proof of the said cancellation would be duly published as Public Notice in the Delhi Edition of The Hindustan Times dated 5th October 2009 and a copy thereof would be submitted immediately.
f) The accused Bhasins are reported to have caused the disconnection of electricity to the subject property and have allowed some anti-social elements to abuse the subject property for carrying out criminal acts and undesirable activities which adversely affect the moral social values of our society.
It is most respectfully submitted that required action may kindly be taken against the accused persons immediately and my property may kindly be protected from the accused persons and their accomplices.
Submitted accordingly.


(Mohan Shandilya)

Thursday, October 15, 2009

FIR against Vijaya Bank by EOW



















Proof of Forgery of Specimen Signature Card by Vijaya Bank


re 47 Ring Road, Lajpat Nagar-III, New Delhi 110024.

PUBLIC NOTICE
47 RING ROAD, LAJPAT NAGAR-III
NEW DELHI 110024
The Original Title Deeds comprising of L&DO Lease Deed and Sale Deed of the above named property duly registered & mutated in the name of its true, absolute and lawful Owner, M/S Gambro Nexim (India) Medical Ltd, are reportedly not traceable. Any person holding/retaining the said Original documents/valuable securities is asked hereby to return the same to the above named Owner at F-23 Green Park (Main) New Delhi 110016 through Mr Mohan Shandilya, Advocate, (Tel:9811037485; E-mail: shandy@unforgettable.com ) within three (3) days from the publication of this Public Notice for which he/she shall be suitably rewarded, but if he/she fails to comply with this Public Notice, then he/she shall be deemed to be holding/retaining the abovesaid documents/valuable securities unlawfully and shall be prosecuted solely at his/her risks & costs as per law as advised.
by Mohan Shandilya, 14th October 2009.

Monday, October 5, 2009

Public Notice Board 4 All

PUBLIC NOTICE
CANCELLATION of GENERAL
POWER OF ATTORNEY
Notice is hereby given, further to the Public Notice dated 28.8.2008 published in this paper on 1.9.2008 in the connected matter by Gambro Nexim (India) Medical Ltd (hereinafter GNIML), that a General Power of Attorney (GPA), invalid in the eyes of law, was registered (on the basis of misrepresentation) on 31.3.1997 in the name and on behalf of Mohan Murti Shandilya (hereinafter MMS) in favour of Rajiv Gupta in respect of 47 Ring Road Lajpat Nagar III New Delhi 110024. The said invalid GPA is said to have been abused and misused by some persons, specifically O P Bhasin, Bhasin Tobacco Ltd and others associated with them (hereinafter O P Bhasin) in court proceedings and before Government Authorities with mala fide intention to press their false claims.
Despite several notices in the past, the said General Attorney has failed to make himself available for cancellation of the abovesaid GPA by registration, therefore, the above said GPA is hereby vide this Public Notice is cancelled, and it is specifically stated hereby that no act done by any person on the basis the abovesaid GPA has been confirmed and/or ratified by either MMS or GNIML and/or by any other person on their behalf, and therefore, any claim made by any person, specifically by O P Bhasin and all persons associated with him and/or claiming under him in respect of 47 Ring Road Lajpat Nagar III New Delhi 110024 shall not be entertained in any manner for any purpose since the same, if any, is hereby declared as illegal, unlawful and unenforceable in law. It is reiterated that any/all acts, including but not limited to such acts as described hereinabove, shall not be binding in any manner for any purpose on either MMS or GNIML, and any person acting on such acts shall be solely responsible and liable for all/any consequences flowing therefrom at his/her own risks and costs without any recourse to MMS and GNIML.
- Mohan Murti Shandilya (Advocate,GNIML).
F-23 Green Park (Main) New Delhi 110016. Tel:9811037485;
E-mail:shandy@unforgettable.com