Posted on 12/05/2021
Updated on 09/12/2022
Dear Friends, this lengthy letter, we think, covers almost all the legal points related to the DHFL Scam. We hope that it would help the legal advisors at the time of their pleading for the DHFL FD Holders. — ONCE IN A BLUE MOON SOCIETY
“Complain again and again, complain till you are heard. Aye! and until you are answered!” — Henry Louis Vivian Derozio
“It takes a loud voice to make the deaf hear.” — Auguste Vaillant (as cited by Shaheed Bhagat Singh)
“People like (political) leaders who sell them dreams. But if these dreams are not realized, then they beat them up (politically) as well, I am not the one who only sells dreams, but I deliver 100 per cent what I talk about.” — Nitin Gadkari VIEW HERE ⤡ (As reported on 28th January, 2019 ©Business Today)
To
Sri Nitin Gadkari,
Honourable Minister for Road Transport and Highways
And
Minister of Micro, Small and Medium Enterprises,
Republic of India
Sub: Pleading For Fortifying The Victims Of Financial Abuse: DHFL FD Holders
This letter is dedicated to the memory of the former Minister of State for Environment, Forest and Climate Change, Government of India: late Anil Madhav Dave (1956–2017)
Dear Mr. Gadkari,
We are writing to you, dear Mr. Gadkari, for requesting to protect the fort (gad) of the Indian republic and save it from the current calamitous situation. When we, the inhabitants of sick society, the victims of DEWAN HOUSING FINANCE CORPORATION LIMITED (DHFL) SCAM⤡, are struggling, during the pandemic, to write this letter to you, our docile bodies are crippled and at the verge of collapsing fully, because of (cf. Confession Of A Victim Of Financial Abuses VIEW HERE ⤡) the following:
1. Consuming poisons (spurious pesticides, chemical fertilizers and lab-made seeds) of the Green Revolution (thanks to the mastermind behind such conspiracy: M. S. Swaminathan! He had followed Lawrence Summers’ imperative: LET THEM EAT POLLUTION VIEW HERE ⤡ );
How Leftover Bombs From World War 2 Became ‘Fertilisers’ for Agricultural Use VIEW HERE ⤡ (As reported on 4th May, 2021 ©Pure & Eco India)
Postwar Fertilizer Explodes VIEW HERE ⤡ (©Wessels Living History of Farms)
As a Chief Patron of the Agrovision⤡ and inaugurator of the AgroSpectrum ⤡, kindly consider this serious issue.
2. Catastrophic natural ecosystem. Being burnt by the consequences of anthropogenic glocal (global+local) heating, our corporeality cannot acclimatize with the climate crisis.
As you are highly interested in green technologies, green fuel, bio-fuel, development of agriculture, conversion of agriculture into the energy and power sector, we are humbly appealing to you for your kind intervention in the context of irreversible consequences of climate change. We do not know when our corporals would be attacked by the unknown age-old but novel viruses and bacteria due to the abrupt melting of the permafrost, if not by the bio-weapons for depopulating the earth following crafted Malthusian positive checks.
3. Devastating financial ecosystem: We are simply the victims of financial abuse that goes against our basic human rights. We cannot help ourselves but to reiterate here the three pillars of United Nations Guiding Principles on Business and Human Rights⤡ in the context of the Dewan Housing Finance Corporation Limited (DHFL)’s Resolution Plan. Especially we are emphasizing on the third pillar in this context, “Access to remedy for victims of business-related abuses”. We are now suffering from anxiety disorders, insomnia and other psychosomatic diseases.
(Kindly note that pharmaceutical companies, health care providers and legal advisors are profiting from all these three cases)
Regarding point 3, we wish to humbly raise some questions.
a) We are surprised and shocked to find out from different media-reports that the Sangh Parivar is associated with the terrorist dons, viz., Dawood Ibrahim and his close associate Iqbal Mirchi, who are again related to Dewan Housing Finance Corporation Limited (which is now under IBC) and its associate RKW Developers Private Limited (Dheeraj Realty). We have already reported it to The President of the Bharatiya Janata Party for verifying the authenticity of these reports on the 28th March, 2021. The answer is yet to be received.
Respected Mr. Gadkari, may you please tell us: Is this collusion believed to be true? Is it the cause of our real miseries? Cf. Gift BJP Rs 20 cr, get ‘return gift’ worth Rs 31K cr: Congress on fraud by DHFL VIEW HERE ⤡ (As reported on 30 January, 2019, ©Millennium Post). May we believe Congress’ allegation?
b) Some transparency activists are whispering that there is one-to-one correspondence between ruling party’s astronomically increasing assets and abrupt bankruptcies. For detailed analysis with hyperlinks cf. Consequences Of Crony And Monopoly Capitalism In India: The Case Of DHFL Scam VIEW HERE ⤡
The situation is bleak and we are living within a sick society. (cf. India Wounded: A Bird’s Eye View VIEW HERE ⤡)! A guru and a tycoon feel India’s endless bank salvage pain VIEW HERE ⤡ (As reported on Jan 13, 2021 © The Economic Times). The cronies are probably working against common persons. Our humble questions are:
i. What is the role of the ruling party here? Is it anti-people?
ii. Is the BJP getting “terror funding” or otherwise “political charity” (euphemism!? Orwellian Newspeak?) from the business tycoons via so-called “underworld” or shadow economic zone by depriving the citizens (yet to be proven by the tiresome process of NPR-NRC-CAA!!!⤡⤡)of Indian Republic???
iii. Do you not feel the clashes between sanātana tyāga dharma(the ideological standpoint of the BJP) and governmental/ ruling party’s praxis? Cf. Subsequent Clash Between (A) Sanātana Dharma And Governmental Praxis; (B) Ibc And Nhb Act In The Context Of The Dhfl Fd-Holders’ Misery In Reference To The Arthasastra View Here ⤡
c) Taking cue from the (b), we are awfully scared to see the abrupt bankruptcies within the span of last three years. The IL&FS, Dewan Housing Finance Corporation (DHFL), Punjab and Maharashtra Cooperative Bank (PMC), Yes Bank, Lakshmi Vilas Bank (LVB) have collapsed and many other smaller banks in India which are confronting higher risks of collapsing due to rising bad loans (as well as money-laundering) despite the fact of existence of too many governmental vigilant agencies.
Bad banks: LVB’s collapse marks 5th financial institution’s failure in less than 3 years. VIEW HERE ⤡ (As reported on 20th November, 2020 ©India Today)
Why there are so much bad loans? The answer is quite simple: present government is favouring superrich wilful defaulters! PSU Banks Technically Write Off Over Rs 68,000 Cr Loans, Choksi Among 50 Top Wilful Defaulters: RTI VIEW HERE⤡ and we, the victims of the DHFL SCAM⤡, are spending sleepless night with nightmares.
It was predicted by the scroll on the 2nd November, 2018:
We are citing an excerpt from this report:
“One reason for the inflexibility in the insolvency proceedings, said a former Union finance secretary who did not want to be identified, is the government’s fear that it would be seen as being soft on corruption. “It sees even bad loans as fraud,” he said. This is why the government is taking measures such as “extinguishing shareholdings” – that is, getting rid of the promoters of all defaulting companies.” (emphasis added)
We are emphasizing on this word “inflexibility”, though we perceive arbitrary flexibility in the governance. Same measure has not been taken in all the cases of above-mentioned collapsed banks, e.g., only the DHFL has been taken under the newly-introduced IBC. What’s about other banks? The deployment of different laws and codes for the same problem is self-contradictory.
d) At present, most of the listed Companies holding Public Deposits in one form or another are getting defaulted, bankrupted and facing rapid insolvencies. It has been observed that the ‘Loss Reporting’ begins only after they are completely exposed by the fourth pillar of democracy, viz., mass media. Until that the Auditor of that respective company remains in sleeping mode. It is well surprising that even 100% of the net worth has been eroded but the Auditor is signing the Balance Sheet with the remarks “True & Fair View” and a “going concern”. It is only after the bomb get blasted that Auditor comes to know, “Oh no, it’s a Loss Balance Sheet!”
It is embarrassing to note that such a deviation in the Assets of the Company is not known to the Auditors, and yet they are misguiding the public at large and ‘dishonestly’ conducting their profession. If an Auditor claims that it is not a wilful mistake and s/he is unaware of such erosion in Assets, I am sorry to say that in this case his/her competency to act as an Auditor need to be reviewed. A serious action should be taken against such Auditors so that a message is crystal clear to the chartered Accountant Association:
“That Audit means confirming/certifying the Books of Accounts based on which the Funds are being raised and misconduct should lead to pecuniary penalty in form of repaying to the sufferer either by the ICAI as an regulatory body or the member himself”
e) We have lost our faith on the Judiciary. First of all, in present situation, it will be difficult for us to hire a lawyer— we cannot afford it. On the other hand, unlike Socrates, we cannot plead for ourselves in the trial before more than 500 jurors. Secondly, we do not believe in the courts after viewing some judgements of the apex court, e.g., ADR’s plea in SC to bring Political Parties under RTI, ADR’s petition challenging Finance Act, 2017; Electoral Bonds and Removal of company’s limit to donate: W.P (C) 880/2017, Note on Electoral Bonds And Opacity In Political Funding VIEW HERE ⤡ not to mention other cases of severe injustice.
We are subscribing our proposition by the following testimonies:
There are discriminations in between haves and have-nots in the Indian judiciary.
Here’s proof that poor get gallows, rich mostly escape. VIEW HERE ⤡ (As reported on JULY 21, 2015 © The Times on India)
Judiciary ramshackled, going to court is useless: Ex-CJI Ranjan Gogoi VIEW HERE ⤡ (As reported on 14th February, 2021) © The Indian Express
“Who goes to the court? You go to the court and regret,” Gogoi said, adding that it is those who can afford to take chances, such as the big corporate, who approach the courts. “If you go to the court, you would be washing dirty linen in the court. You will not get a verdict,”
“You want a 5 trillion dollar economy but you have a ramshackled judiciary,” he commented, adding that during the pandemic, 60 lakh cases were added at the trial courts, 3 lakh in high courts and nearly 7,000 in the apex court.
The road map is to have the right man for the job. You don’t appoint judges as you appoint officers in the government. To be a judge is a full time commitment. It is a passion. There are no working hours, he said, stressing that the training of judges should be robust.”
See also:
‘If you go to court, you don’t get a verdict,’ says former CJI Ranjan Gogoi VIEW HERE ⤡ (As reported on Feb 13, 2021) ©Scroll.in
Mukul Rohatgi, Ex-Attorney General of India, the deux ex machina behind our miseries, said in the NDTV interview⤡ (12/11/2020) by reiterating Hon. Justice Krishna Iyer, “Jurisprudence has gone astray, seem jail is rule, bail exception.”
f) We do not have faith in the RBI also for their grand failure in tackling the real problems.
A PIL was filed Subramanian Swamy, by praying for the CBI or ‘any other competent authority to investigate illegalities committed by RBI officials’ in the discharge of their functions.
Subramanian Swamy asks SC for CBI probe into RBI official’s role in scams VIEW HERE ⤡ (as reported on February 2, 2021) ©Business Standard
Not only that, Subramanian Swamy commented on Shri Shaktikanta Das (BA and MA in History!!!), the present Governor, the Reserve Bank of India:
The new governor (of RBI) is highly corrupt. I got him removed (from the finance ministry). I am calling Shaktikanta Das a corrupt person. I am surprised that the man I got removed from the finance ministry for corruption was brought in as governor.” (emphasis added) (as reported on Dec 23, 2018⤡ ©Scroll.in )
This is also along with the line of Nobel laureate economist Abhijit Vinayak Banerjee’s comments (as reported on December 11, 2018 ⤡ ©Financial Express) on the decision to appoint Shri Shaktikanta Das as RBI-Governor arises a lot of “frightening” questions about governance issues at key public institutions like the RBI.
Our question, in connection with (d) and (e)is: “Is it necessarily true, as alleged by urban naxals, anti-nationals, members of tukde tukde gang, that, RSS MEN (sexism intended, due to patriarchal gender-bias of the Sangh Parivar) as puppets are installed in all the five pillars of democracy?”
g) We are also sceptic about the role of the RBI-appointed COC for the DHFL. According to our perception, the DHFL is deliberately handed over to a father of a damad of a favoured tycoon in a throw away prices following the ritual of crony capitalism. Therefore, we are smelling the rat in the DHFL-COC Resolution Process⤡, especially in case of diligent auditing (we are working on it. The “truth” of inappropriate auditing of an on-going concern will be revealed soon) of an ongoing company. The RBI-appointed Administrative Representative of the FD-holders of the DHFL had cut a sorry figure in our simple disjunctive question (op cit. last hyperlink above).
h) If Demonetization-drive (2016) is successful enough for eradicating terrorism (not to talk about state terrorism), black (racism unintended) money, counterfeit money, terror funding etc.
If we are proud of the successful execution of Demonetization-drive, how it could be possible for the DHFL to siphon money or to help in terror funding?
Is it a case of “selling the dream” of the “Swacch Bharat” or “acche din” on the part of the GOI?
Kindly admit either the success or failure of the Demonetization-drive. Please, remember that this question is a double edged sword.
i) The much proclaimed Aadhaar-PAN link with any types of banking transactions has been proven to be failed, if DHFL scam is believed to be true!
A failure of scrutiny: DHFL fraud shows limitations of Aadhaar in plugging leakages. VIEW HERE ⤡ (As reported on 26th March, 2021 © DAILY 2 DAILY NEWS)
Without being helped by the governmental vigilant agencies, this type of fraudulent transactions or siphoning money is not at all possible!
According to our conclusive perception (we may be wrong), due to the huge terror funding or otherwise political charity, the business tycoons are bound to become preys of fraudulent transactions to compensate their loss.
j) Moreover, we, living within the sick society (because of points 1, 2, 3), are shot at and wounded by financial assailants and are profusely bleeding because of the clashes among the RBI act, the NHB Act, Companies act and the newly introduced IBC.
The incommensurability among these acts and codes are performing like assailant. However, there is no provision for first aid; no ambulance or chopper is available to take us to nearby hospital and there is no surgeon to remove the fragments of bullets from our docile corporeal. Kindly note that two bullets are allotted for every Indian citizens vis a vis availability of Hospital beds: 0.055 per 1,000 populations (2020).
(Source: WIKI⤡)
We are observing the correlations between the proliferation of the death industry and health care providers’ industry. Are we living within the Waste Land of the Death Valley? “The answer, my friend, is blowin’ in the wind…..The answer is blowin’ in the wind.”
Whatever it may be, please pardon us for raising unsolicited questions as questioning the authority (paripraśna) is strictly prohibited and considered as crime within the ambit of oligarchy or plutocracy. We are even more worried after going through the following two reports:
· India Is No Longer a Democracy but an ‘Electoral Autocracy’: Swedish Institute ⤡ (As reported on 11th March 2021, © The Wire)
The Freedom House also dropped India from the list of “Free Countries” in its annual report entitled “Democracy under Siege” VIEW HERE ⤡.
· India is now only ‘partly free’ under Modi, says report ⤡ (As reported on 3rd March, 2021 © BBC News)
We would probably not be annihilated as we are probably not inhabitants of regimented society, where the fundamental human rights are compromised and there is no provision for the Article 19 of the Constitution of the Indian Republic⤡. In this context, we are emphasizing the Directive Principles of State Policy Article 39 (c) ⤡,
“The State shall, in particular, direct its policy towards securing: that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.”
To conclude, let us reiterate the īśopaniṣad for unveiling the truth:
हिरण्मयेन पात्रेण सत्यस्यापिहितं मुखम्।
तत् त्वं पूषन्नपावृणु सत्यधर्माय दृष्टये ॥१५॥
— ईशावास्योपनिषत्
“The face of Truth is covered with a brilliant golden lid; that do thou remove– O Pusan, for the law of the Truth and dharma, for sight.”
We, on behalf of our family, from the very depths of our hearts, wish you and your family good health and prosperity in the near future while keeping in mind the consequences of anthropogenic global heating (along with the sudden attacks of bacteria and viruses due to the melting of permafrost), which you can avoid easily.
We are now embracing death due to financial abuse. In this situation, we have no other way but to welcome death– मृत्युमेति नान्यः पन्था विद्यतेऽयनाय!
It would be our humble appeal to you to kindlylegalize Active Euthanasia ⤡ ⤡.
सर्वे भवन्तु सुखिनः
सर्वे सन्तु निरामयाः ।
सर्वे भद्राणि पश्यन्तु
मा कश्चिद्दुःखभाग्भवेत् ।
ॐ शान्तिः शान्तिः शान्तिः ॥
Yours Obediently,
Dr. Debaprasad Bandyopadhyay
Mrs. Rupa Bandyopadhyay
Mr. Akhar Bandyopadhyay
A Victimized Family of Bewildered, Beleaguered, Perplexed, Anguished, Anxious, Hapless, Helpless and Ailing DHFL FD Holders
ON BEHALF OF ALL ANGUISHED, AILING DHFL FD HOLDERS [USUAL DISCLAIMERS APPLY]
First page of the email-letter
Last page of the email-letter
The above letter has been forwarded to the following dignitaries as well:
Dr. Subramanian Swamy
2. Mr. Parakala Prabhakar
3. Mr. Ravi Shankar Prasad
4. Mr. Anurag Singh Thakur
5. Mr. Mukul Rohatgi
UPDATE: SECOND LETTER TO MR. GADKARI– Requesting For Fortifying The Victims Of Predetermined Business-Related Abuse: DHFL FD and NCD Holders
To
Sri Nitin Gadkari,
Honourable Minister for Road Transport and Highways
And
Minister of Micro, Small and Medium Enterprises,
Republic of India
Sub: Requesting For Fortifying The Victims Of Predetermined Business-Related Abuse: DHFL FD and NCD Holders
Dear Mr. Gadkari,
First of all, we, the victims of the Dewan Housing Finance Corporation Limited (DHFL) scam, must appreciate and congratulate you for raising your dissenter’s voice within the “inner circle” of the richest and biggest political party. This witty voice of dissent makes us remember the era of late Atal Bihari Vajpayee ji, Lal Krishna Advani ji and Murli Manohar Joshi ji et al.
In reference to our earlier letter addressed to you: Pleading For Fortifying The Victims Of Financial Abuse: DHFL FD Holders VIEW HERE ⤡ (dated 12.05.2021) regarding the DHFL Scam, this is to request you to scrutinize the following matters, which, as we have observed, contain many loopholes, irregularities and illegitimacies of the DHFL Resolution process:
Despite such irregularities in the RBI-appointed Committee of Creditors (CoC) for DHFL’s conduct during the Corporate Insolvency Resolution Process (CIRP), the FD and NCD Holders (mostly aged and ailing middle-class citizens, including the employees of the Indian Air Force and UPPCL) are suffering since the past three years for the sake of the wish-fulfillment of the ruling party’s favoured business tycoons. In fact, some members of the present ruling party are trying to handover DHFL (a profitable ongoing concern) in a predetermined manner for only a penny to Mr. Ajay Piramal, an insider-trader as well as the secondary kin of Mr. Mukesh Ambani.
Moreover, the Demonetization (2016) was implemented in order to curb the flow of black money, counterfeit money and terror-funding. Even after such a move by the Narendra Modi-led government along with the PAN-Aadhaar Linking process, the biggest financial scam, viz., the DHFL Scam, still occurred. The scam includes both terror-funding (with the involvement of the ruling party in the same) as well as the opening of fraudulent bank accounts.
We, the DHFL victims, are humbly appealing to you to look into this matter of grave concern.
Please rescue us from this different type of “capital” punishment, since we have not committed any crime by investing our hard-earned money in an AAA-rated company.
Thanking you in anticipation,
Yours Sincerely,
Dr. Debaprasad Bandyopadhyay
Mrs. Rupa Bandyopadhyay
Mr. Akhar Bandyopadhyay
ON BEHALF OF ALL ANGUISHED, AILING DHFL FD AND NCD HOLDERS
बहुजनहिताय बहुजनसुखाय च॥
(“For the happiness of the many, for the welfare of the many”)
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