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

One way to prevent rape.

To,                                         

justice.verma@nic.in.

As we have seen with Anti dowry laws, which have become legalized form of extortion and blackmail, Anti rape laws should instead focus on rape prevention rather than post rape punishments, which if allowed would only be used for extortion and blackmail.

A)     Legalize prostitution;

On my recent visit to USA. I saw that almost every market had a dance Bar. Both half nude and full nude dance bars. Entry @ 5 dollar, lap dance @ 20 dollar and any type sex 100 bucks. Not a single rape was reported during my entire stay of 6 weeks in USA. Girls are easily available at affordable rates for all types of sexual activities. Rape is for sex and if girls, willing to have sex, are easily available, there is no need to force or harass an unwilling girl. When Bombay had dance bars, women were safe everywhere even at night and people looked up at them with respect. Since dance bars have closed women are not safe in Bombay anywhere. Marriage is a legalized form of prostitution anyway.

Kaps

1-1-2013

Gopal Singhal lied to use her sister to ward off his debt.

The accident in my life;

Gopal Singhal Son of Jagan Nath - Jagan Jewelers, Sec 26, Chandigarh

Following is part of Public Records contained in Criminal Appeal 712 of 2001 in High court of New Delhi; Judge Murlidhar dismissed it without quoting pleadings facts evidence Or Constitution and IPC by saying it is delaying tactic. Wow.

1.     That the Gopal appeared as witness in HMA case titled Rajni Aggarwal V/S Kapil Dev Aggarwal in the court of Sh. S. S. Lamba, ADJ Chandigarh. While appearing as PW 2 on behalf of the Rajni, on 16.3.98 he swore to state the truth but however he made various statements in the Court which were false and which he knew to be false to his knowledge.  He thus committed an offence by deliberately giving false evidence.  The statements which were made by the Gopal under oath knowing  them to be false are as reproduced hereunder:-

2.     That the Gopal Singal made the following false statement before this court.

"I cannot tell the exact amount of initial capital invested in my company (M/s Gopal Sales Pvt.  Ltd.). The  company  started  in  April nineteen something.  I do not remember  the  exact  year.   I do not remember the amount invested by me personally in the company. However, it is wrong to suggest that it was only Rs. 7000/-. 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. It is wrong to suggest that it was taken over by  Mr.   Raj  Singal because I could not return the loan taken by the company.  It is wrong to suggest that the company was  in  financial  crisis and I sought financial help from my sister Rajni."

Proof of falsity.

Gopal had independently started his business venture in the name of Gopal Sales Pvt, Limited.  No person can forget so easily and so soon the first business of his life particularly his own investments, major loans which he took and from which relatives and why the said business was taken over by those relatives. The statements made above are apparently false to his own knowledge.

4.     Gopal knowingly and deliberately made the following false statement regarding Rajni before this court under oath " I cannot say whether my sister knows car driving or not. I have not seen her driving. I do not know whether my sister was having a valid car driving license before marriage or not."

Proof of falsity.

The driving license of the Rajni is exhibit D 15 on record which has been admitted by his father. This license was issued on 6.2.89.  Rajni was married on 14.4.93.  Thus, for full 4 years prior to marriage the Rajni was driving the family car having a valid car driving license.  It is false if her brother says he does not know whether Rajni drives a car or not or that he has never seen her driving. The Gopal has knowingly made a false statement as submitted above.

5.     The Gopal has deliberately made the following false statement:- "I cannot recognize the handwriting of my father."

Proof of Falsity;

Gopal has all along lived with his father and always worked under him and on the date of evidence was working under him.  The statement made by him is apparently false to his knowledge.

6.     The Gopal has further knowingly made following false statements-"It is wrong to suggest that  on  receiving  a  telephone  from  the Rajni I along with my father, Brij Singal, Cousin Pardeep  and  my mother with some laborers came to the house  of  the  me I  and forcible removed all  house  hold  goods  most of  which  were  self acquired by the Kapil and ransacked the house and misbehaved with  him. it is also wrong to suggest that the  Rajni went with us. It is also wrong to suggest that the Rajni after leaving his house with us operated the locker in  Sector  37  in  the Company of Mr. Brij Singal and removed all  the  valuable  worth  more than Rs.30.00 lacs lying in  the  said  locker.  It  is  incorrect  to suggest that all the valuable including  ancestral  gold of  Kapil and his parents was  sold  off to repay the debts incurred by me for starting the  company  Gopal Sales Pvt.Ltd. It is incorrect to suggest that I did not give any gift to the Rajni. It is wrong to suggest we never went to Kapil’s houses by taking a Panchayat. It is wrong  to suggest that I have deposed falsely  for  my  own  personal  financial gains".

Proof of falsity.

Testimony of Late Sh.B.L.Premi, Assistant Branch

Manager, PNB Sector 37, Chandigarh.

Testimony of Dr. Inderjit Dewan. Prof.Emeritus.

Testimony of Sh.S.K.Mishrk.

Testimony of Sh.Pavitar Kumar.

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 lied. 

KAPIL DEV AGGARWAL.