BACKGROUND INFORMATION ON CRIMINAL DEFAMATION CASE 3326/99 AGAINST MODY

BACKGROUND DEFAMATION CASE 3326/99

BACK GROUND OF DEFAMATION CASE 3326/99 IN METROPOLITAN COURT -15 HEADED BY MAGISTRATE MR. TRIVEDI

1. CORE HEALTHCARE has been referred as a great bank robber company as reported by Indian Express in December 2002 where the banks and financial institutions lost more than Rs 700 crores. The company through his employees Mr. Kirit Kanjaria launched a defamation case no 3326/99 in Metropolitan Court Number 15 in Ahmedabad against the P Mody. P Mody owned the company and a private and confidental letter was written to the vigilance branch of Global Trust Bank by drawing their attention of banking fraud having been committed by one of the employees of CORE HEALTH CARE Ltd., that is Mr. Jatin Jalundhwala.

2. A Winding up petition case was filed against this company by American Express in 1997 in Gujarat High Court for defaulting on term loan running into crores of rupees.

3. Even the Indian Express had published article in the company on 13-11-97 1997 on account of huge defaults of term loans.

4. Even when the reputation of CORE HEALTHCARE was tarnished way back in 1997, a false and frivolous defamation case was launched by Kirit Kanjaria representing the company to harass the undersigned and warn the undersigned . Since 1999, Mr. Karanjia had appeared at the most once or twice before the court.

5. A criminal case had been launched by third party called GE Capital against this company for recovery of over Rs 25.00 crores against the top executives of this great bank robber company in the ellisbridge police station in Ahmedabad in last week of November 2003 as reported by Indian Express and other news papers.

6. The above case of GE capital was falling under jurisdiction of Metropolitan Court number 15 where the magistrate is Shri Trivedi.. All the executives and directors of the company have been released on bail and not subjected to remand even when Mr. SUHSIL HANDA lives a lavish life style after defaulting on a loan of Rs 700 hundred crores. When they released on bail, it gives a message that the judiciary is there to protect the white collared veerapans only. In case , judiciary does close introspection, how many of the rich and powerful have been punished for their wrong done . Do they deserve mercy , when they live lavishly.

7. Off late, Mr. Kiran Bhrambhatt has also stopped appearing in the above court –15 while the accused who is the whistleblower has attended the courts as and when the fresh dates were given.

8. Mr. Kiran Bhrambhatt is affiliated and associated with prominent and influential high court advocate (specializing in criminal matters) in Ahmedabad known as Ashok . D. Shah of D. K. Shah Associates. Mr. A.D.Shah had given notice to the undersigned on 12-12-98 on behalf of Dhanyushya Financial , a company connected with CORE HEALTH CARE but A D Shah failed to give reply to the reply given by my advocate on 1-2-99. It was imperative that Mr. Kiran Bhrambhatt would have made necessary inquiries with Mr. A.D. Shah or his client before filing such frivolous case against the undersigned especially when he was aware of the contents of my private and confidential letter addressed to the Vigilance department of Global Trust Bank on 24-7-99 as referred in the defamation case itself. The idea was to earn fat fees and issue subtle threat to me to silence me. On account of familiarity of faces of respectable advocates, mechanically , the magistrates and the judges believe in the advocates and do not bother to examine their statements by studying the matter in depth and applying their minds.

9. When the writer did not succumb to their pressures, the employees of CORE HEALTHCARE subjected the person to harsh treatment of a five day remand straight away in connivance with advocates, judiciary, politicians and police and thereby create upheaval and turbulence in the small families resulting into fear and insecurity. I don’t think the courts would not like that the whistleblowers get discouraged or feel helpless.

10. Even though, the complainant and nor his advocate, Mr. Kiran Bhrambhatt has not attended the court consecutively for last three times , that is on 8-1-04, 20-02-04 and on 03-03-04, the magistrate- Mr. Trivedi, deliberately did not drop the case against the accused even when he was briefed about the situation by my advocate. Mr. Trivedi’s inaction to issue summons warrant to the directors and the executives of CORE HEALTHCARE explains his malafide intentions of harassing the accused to keep his mouth shut by assigning fresh date fixed for hearing on 20-03-2004 when the matter was put on board at serial no 329 on 3-3-2004. Can the magistrate, Mr. Trivedi not see through that if CORE HEALTHCARE management had really lost prestige on account of whistleblowing by the accused and really suffered, then the management of CORE HEALTHCARE and their advocate Mr. Kiran Bhrambhatt would make it a point to appear before the court on 8th Jan, 20th Feb and 3rd Mar 04. As they have not appeared , any person of common sense can make out that it is a frivolous case and there is need to summon Mr. Bhrambhatt and the directors of CORE HEALTHCARE and the officials of the bank. This is what exactly the press reporter wanted to convey that by launching frivolous cases , it is easy to scare most of the people to surrender to the powerful by taking help of police or the judiciary.

11. I apprehend that on account of my petition letter addressed to the Chief Justice Of Gujarat High Court on 24-11-03 , I suspect that to protect the judge Miss R..M.Doshit (and perhaps others too) of Gujarat High Court, the advocate Mr. Saurabh Soparkar, and the committee members of the Bar Council and the directors of CORE HEALTHCARE , special unofficial instructions have been given to the Magistrate-Shri Trivedi to harass me by some one from the Gujarat High Court and that is the reason why this particular matter was specifically selected to be set aside for hearing in January , February and in March 04 and the silence of the Chief Justice of Gujarat High Court to the petition letter dated 24-11-2003 and telegram on 1-12-03 and letter in January 2004 and the release on bail of the directors of CORE HEALTHCARE explains everything.