Canara Bank hires Guarantee based lawyers

"BEFORE INFORMATION COMMISSIONER, OLD JNU CAMPUS, NEW DELHI–67.

                    File No CIC/VS/A/2012/000195

                    Date of Hearing 30-4-2013

Kapil Dev Aggarwal H No 1366, Sector 40-B, Chandigarh           Appellant

Versus

1.     Sh Subodh Kumar PIO, Divisional manager, Canara bank, Circle office, plot No 1, Sector 34, Chandigarh.

2.     Sh Mohinderpal, DGM (Acting),  Canara bank, Circle office, plot No 1, Sector 34, Chandigarh                        Respondents

WRITTEN SUBMISSIONS ON BEHALF OF APPELLANT.

It is a matter of records that Sh Arun Palli is not conversant with commercial laws and has never done any case under Securitization Act or DRT Act.

It is a matter of knowledge provable from information in possession of Canara bank that Sh Arun Palli has never been engaged by Canara bank in any other case except subject matter or before any other Judge of High Court except in subject matter.

It is matter of common knowledge that Arun Palli took this matter by giving Guarantee of a favorable order. Canara bank encouraged corruption by engaging Arun Palli solely on the basis of his guaranteed order.

Canara bank can prove that it is not encouraging corruption or indulging in money laundering by providing relevant information. If they oppose production of records, there can only be one inference which will be against the interests of Canara Bank.

K D Aggarwal, Convener IAC Chandigarh

Date 20-4-2013"

Copy of speed post dated 20-4-2013 is as under;-

For adverse inference to be drawn, CIC was only required to record the Objection raised by Canara bank, which it CIC did. As expected Canara Bank too objection that the notings on the file as to why Particularly Arun Palli was engaged before Surya Kant and what assurance Arun Palli had given and what is written on file as to the reasons of engagement before Justice Surya Kant are highly secret. and so is the correspondence with Lawyer regarding the reasons for dramatic change of advocate are extremely confidential. What can be confidential about reasons for engaging a particular lawyer having no knowledge or experience in Securitization matters unless the reasons are guarantee, assurance, relations or settlement based. 

700 Advocates have recently signed a statement sent to all Judges wherein it is stated:

"We feel that Orchids’ case was hushed up despite there being enough material on record requiring a CBI probe. Only Justice Mahender Pal was transferred. We feel that some more big sharks (judges and advocates) were also involved."

Arun Palli was Lawyer for orchids in above case. Justice Mohinder Pal, Judge, Punjab and Haryana High Court was transferred for taking money to decide in his favor the Orchid Case. Sh Arun Palli was specifically named in above complaint given to Chief Justice signed by over 700 advocates of Punjab and Haryana High Court.

Click here for Canara bank writes off 1460 Crores of Public Money in one year. In 2012-13 i.e. Public Debts of rich and influential. Rs 100 crores can give your city 24 water and electricity.

Objection taken by Canara Bank recorded by CIC;

 

To maintain dignity of Courts - Transfer all local Judges.

KD Aggarwal

CONS OF BEING A JUDGE

Pros and Cons of being a Superior Court Judge.

The Freemen,

Dear Brethern,

By the age of 45 all are lawyers, it is only thereafter that a lawyer can either choose to:-

1.     Retire and pursue his desires or hobbies in life.

2.     Continue with his profession as a Lawyer

3.     Become a Judge.

By choosing to opt for being a Judge, he is really choosing to cut out his balance professional life by 50% as he will retire 20 years later at the age of 62 unlike a lawyer who can continue for 40 years next till the age of 82. The difference being 20 years of professional life. When offered to be Judge, my father declined as he felt he does not want to retire at the age of 62. He continued to regularly go to courts till the age of 85.

Many lawyers with merit and intellect earn between Rs 50,000 for whole case to Rs 50,000-2,00,000 per hearing. A High Court Judge gets Rs 1,00,000 at the end of the month after deciding almost 400 cases i.e. measly Rs 250 per case. Most lawyers with merit and intellect at the age of 40-45 have probably more assets than those Judges who have declared their assets at the age of 60-62.

A lawyer can regulate his working hours whereas, a judge normally works for 16 hours of a day. When Mr. Justice Sir John Douglas Young the then Chief Justice of Lahore High Court; told my Grandfather, Sh Mela Ram Aggarwal that he wishes to appoint him to the Chair, Lala Mela Ram said;  “It is better to speak ‘nonsense’ for two hours in a day and then relax in the Sunshine for rest of the day rather than hear ‘nonsense’ for whole day”.

Then why would a person with merit and intellect opt to become a judge.

First are those whose income as a lawyer is erratic and irregular and those who want a regularity in life and pension benefits. Chief Justice D K Mahajan and later Chief Justice R S Narula asked my father Mr. Raj Kumar Aggarwal for elevation as a Judge of High Court. Mr. Raj Kumar Aggarwal declined by saying; “Why you want to retire me 20 years earlier. Pension won’t be sufficient for me to maintain my family including my extended family/ relatives who are dependent upon me.”

Second are those who feel that they can further enhance their ‘real income’ and consequently ‘wealth’, even though their income as per their ‘Income Tax Returns’ will drop by 90%.

Third are those who are impressed by status – cars with red beacons, security staff (which has become a status symbol), ‘yes men’ all around and lawyers who call them “your honor’. 

Fourth are few exceptions who have genuine zeal to serve society and 

such a person will go anywhere in India to serve the society,

Top lawyers who don’t want to be Judge are the first rank specialists, those with outstanding ability and long experience in specialized branches of the law for the most part have no ambitions to become judges. If They opt to become a Judge, their incomes will reduce by more than 90%. They already have more respect in their field.

It is equally distressing for a top commercial lawyer to become a Judge. It is not just the loss of financial income, but the horror at suddenly moving away from the most eminent businessmen in the country and their really intellectually stimulating problems, and just sitting there trying criminals and listening to old people as to why they should or should not get 100 rupee rise in their salary or not. etc. For most part of the disputed revolve around a few thousand rupees only. For them like me there is only one case in hundred which is of any intellectual stimulation.’

But of course, ‘elevation’ if you prefer to call it that way can becomes extremely attractive to people who do not have that level of personal ability that they are going to maintain their professional career up to retirement age.  Because once you’re a little bit over the top, you’re fifty or fifty five.  If your haven’t made it, or unless you are offering a specialist service, your are what is called a general practitioner.  And all the general practitioners always have young and attractive men and women following behind them and they get pushed out as has-beens.  Therefore, there is terrific competition on the part of the second-rate lawyers to get what I call ‘minor’ preferment of being appointed as a High Court or Supreme Court Judge.

       

With inputs from the “Brotherhood” by Stephen Knight an English  historian. The book was written from 1976-1983 and was published in 1984 in London.

Kapil Dev Aggarwal

State should charge Fee for helping Recovery

The Chief Minister Punjab,

Sub;- increase in Government revenue;

Dear Sir,

1.         Section 14 of Securitisation and reconstruction of financial assets and enforcement of security interest Act 2002 (SERFEASI) states as under;-

 “14. Chief Metropolitan Magistrate or District Magistrate to assist secured creditor in taking possession of secured asset;

(1) Where the possession of any secured assets is required to be taken by the secured creditor or if any of the secured asset is required to be sold or transferred by the secured creditor under the provisions of this Act, the secured creditor may, for the purpose of taking possession or control of any such secured asset, request, in writing, the Chief Metropolitan Magistrate or the District Magistrate within whose jurisdiction any such secured asset or other documents relating thereto may be situated or found, to take possession thereof, and the Chief Metropolitan Magistrate or, as the case may be, the District Magistrate shall, on such request being made to him--

(a) take possession of such asset and documents relating thereto; and

(b) forward such assets and documents to the secured creditor.

(2) For the purpose of securing compliance with the provisions of sub-section (1), the Chief Metropolitan Magistrate or the District Magistrate may take or cause to be taken such steps and use, or cause to be used, such force, as may, in his opinion, be necessary.

2.         Every day some or the other bank is seeking help of state of Punjab for recovery of its dues. The market value of share of several banks is several hundred times its face value of Rs10/- and their profits are also several thousand crores. State of Punjab which is helping the banks to increase their profits is in perpetual loss/deficit though their officers be it DC or Tehsildar or police is working for these commercial organizations free of cost. It is morally not correct.

State of Punjab should charge 5-10% of the amount of recovery from Banks before its officers help Banks to increase bank’s profits and bank’s share values.

KD Aggarwal

26th June 2010 

Proof of indebtness of Ex-Inlaws.

Following is part of Public Records contained in FAO 424 of 2001 in High court of New Delhi;

24.8.95    Jagan nath of Jagan hardware Sector 28, Chandigarh; Father and Gopal Brother of Rajni admit in writing in Balance Sheet of Gopal Sales Pvt Ltd, that they are heavily in debt. Their financial debts are about Rs. 15.00 Lacs. In the year 1995 Jagan Nath (Father) and Gopal (Brother) had started Business venture in the name of M/s. Gopal Sales (Pvt)  Ltd.  To start this venture they borrowed heavily from their relatives including 5.00 lacs from Brij Singal and about 10 lacs from Raj Singal (M/s.Jupiter Metal. Copy of this Document Dt. 24.8.95. is Ex D-10 on record of Trial Court duly admitted by her Father. Rajni used to remain tense on account of indebtedness of her Brother and father. She had been asking me for money to financially help her father and brother She had been repeatedly asking me to allow her to take away property from the locker to give it to her parents so that they can repay their debts. I had declined this request.

Following statements have been made by them in Connection with Loans taken by them for this business venture.

Jagan Nath Father of Rajni:

"It is correct that I alongwith my Son opened a Private Company named Gopal Sales (P) Ltd.  I cannot tell the details of the loan contributed by Raj Singal as well as Brij Singal without going through the accounts. The certified copy of Ex.D-10 bears my signatures.  It is the certified copy of Balance Sheet of Gopal Sales (P) Limited. It is correct that at the time of opening that company myself and my son were the only shareholders."

Gopal Brother of Rajni:

I can neither deny nor admit that I took Rs. 10.00 Lacs from Raj Singal as loan for investment in the company.  Similarly I cannot tell the exact amount of loan taken from Brij Singal.  It may or may not be Rs 5.00 Lacs".

       

8.9.95 and 15.9.95 Rajni in order to settle debts of her brother and father leaves matrimonial home. She operates my family locker on 8.9.95. & 15.9.95 and leaves my house on 15.9.1995 alongwith all Household goods in company of her brother/father and their creditor Brij Singhal. As per the description given by late Sh. B.L.Premi Asst. Branch Manager, during the time of her clandestine operation of locker on 15.9.1995 she was accompanied inside the Bank by Sh. Brij Singal, to whom her Father/brother owed Rs 5.00 Lacs.

Locker was afterwards found empty. Last two operations of the Locker are by her. Copy of record of Visits maintained by the Bank is annexed as R-2. A local Commissioner was appointed to prepare inventory of contents of Joint Locker. He reported that Locker is completely empty. Report of the Local commissioner is annexed as R6 Property then worth more than Rs. 30 Lacs exclusively belonging to my Parents were stolen by Rajni and her father and brother Evidence on the same is annexed as R-7 and R-8. She has made conflicting Statements regarding operation of the Locker which prove her guilt beyond a shadow of doubt.

Thereafter the Debts of Brij Singal were paid off from the part sale of my articles and property including my ancestral gold coins and gold and gold Jewelry lying in the locker. Extract of his evidence giving evasive reply regarding source of repayment is reproduced below.:

BRIL SINGHAL Creditor of Rajni’s Parents:       

"I have given loan of Rs. 5.00 lacs to M\s.Gopal  Sales  (P) Ltd,  volunteered which has been returned now.  It was returned in the year 1996-97, I do not know whether at the time of return of money who was the Director. I know Raj Singal who is my Nephew and Kiran Singal who is his wife. I do not know whether Raj Singal and Kiran Singal are the directors of the above-referred company.   The loan which was returned back was by way of Cheque.  I do not know who signed that Cheque.   It is wrong to suggest that the firm repaid the loan to me after selling the jewellery etc, of the petitioner by her father". He is brother of Jagan Nath father of Rajni and strangely does not know source of repayment of his debt which only confirms that this source was sale proceeds of gold stolen from my locker which was held jointly with Rajni.

The other Rs. 10.00 lacs were owed to Raj Singal whose debts could not be paid off and he took over the business/assets of Rajni’s father and brother after 15.9.95 and owned Gopal sales Pvt Ltd thereafter.

Jagan nath and Gopal thus saved themselves from insolvency by virtue of stealing my ancestral gold.

Kapil Dev Aggarwal 

Click here for;

What I Did not Knew nor could imagine.

Dates and Events.

In-laws Indebtedness.

Proof of Theft by Rajni her Brother and Father

False Allegations to Loot Money

What happened in Appeal.

How her father lied 

How her brother lied 

How Brij/Creditor lied to pocket his debt to Jagan Family 

Fraud by Security Agencies and Official Liquidator

Dear brethren,

In nutshell what they do;
A.  If they employ one they claim salary of 10.
B. The salary of one is paid by theft of stocks and machine parts.see proof here;
C. In some cases they also give premises on rent to workers of nearby   factories and pocket the rentals.

In my article on Corruption by D P Ojha, Official Liquidator, Punjanb and Haryana High Court I had stated that D P Ojha is making payments against commission of 50% in the name of employees who have never been born and he has made payments of over crores of rupees After I brought it to the notice of secured creditors, an investigation was carried out by Additional Managing Director, Punjab State Industrial Development Corporation, a PCS Officer of State of Punjab. 

Following is the text of his report filed by Addtional Managing Director of PSIDC. Copy of this is filed in CP 53 of 2012.

 "Sub:  Payment of Watch & Ward Expenses for the security deployed at the premises of M/s. Punjab National Fertilizers Limited (In Liquidation). Period taken for verification from July 2005 to December 2008

In compliance of the Order dated 17.2.2012 passed in COCP No 2085/2011 by the Hon’ble High Court, a meeting of the committee was held in the office of Official Liquidator, Chandigarh on 12.3.2012. The COCP was filed for alleged disobedience of Order Dt 15.5.2009. The said order was made on petition related to payment of watch and ward expenses relating to security provided by Industrial Security Agency Bombay in the case of PNFC. Petition was filed in this case on 23.1.2009. At that time, request was for payment of pending bills for July 2005 to December 2008.

The present verification of records relates to claim of security agency for period July 2005 to December 2008 only.

Vide letter dated 28.9.2002, the security agency agreed to abide by the guidelines for empanelment of security agency. Para 5 of said guidelines is as under;-

“Names and permanent addresses of security guards deployed at the factory / office premises shall be supplied at spot, if possible, by the security agency, but latest within a week’s time  of such deployment to Official Liquidator”

In the Committee meeting held on 12.3.2012 it was admitted by representative of Security agency and Official Liquidator that names and permanent addresses of security staff deployed by security agency were never supplied to official Liquidator as per the terms and conditions of empanelment of security agencies accepted by the Security agency. Hence for this reason alone, security agency is not entitled to any payment for the period in question, for it having violated the accepted terms and conditions of their empanelment.

In the meeting Sh M L Sharma representative of Security agency gave photocopy of proof of 5 employees by way of bank accounts which were opened in the year 2010 in Bank of India branch at Chandigarh, though the employees were told to be working at Naya Nangal. No Bank Accounts were shown to be opened for the verification period from July 2005 to December 2008 and none have been shown to be opened at Naya Nangal where the employees are told to be working. Hence this proof is also not acceptable for being not logical.

Bank accounts opened in the year 2010 are not authentic record to prove that these employees were working at Naya Nangal during July 2005 to December 2008.  Accepted guidelines have been totally violated by the security agency. Hence for this solid reason, I cannot agree with the release of payment for the period July 2005 to December 2008 for these 5 employees also. Admittedly for the balance 36 employees (i.e. 41-5) there is no record what so ever.

After scrutiny of muster role it has been found that out of these 5 employees only three persons namely Mr Pankaj Singh, (July 2005 to March 2007 and \June 2008 to June 2011), Dhiraj Singh (July 2005 to June 2011) and Onkar chand (July 2005 to June 2011) were working with the company as per period mentioned against each employee. The remaining two worked only for short spell i.e. Mr Abhay Kumar Yadav ( September 2007 to May 2008) and Vikram Singh ( July 2005 to may 2008). Even this Muster Roll does not show in which shift individual employees was working. Regarding Muster roll, it seems on the face of it that it was got prepared in one go and that too when it was been given in the office of Liquidator and is thus not reliable

More over the agency has stated that they have made payments to their employees in July 2008 to the tune of Rs 41,03,398/- but this amount has not been shown by them withdrawn from their bank account before the payment was made. Industrial security agency is a corporate body and it has not shown proof of withdrawal from bank accounts to meet its requirements. Sh M L Sharma representative of security agency states that they raised private loan from a private person. Such type of statement is not acceptable. In such circumstances also, I cannot agree with the release of payment for the period July 2005 to December 2008.

AMD / PSIDC"

  Date 10-3-2012