On Friday, 8 November 2013 9:13 PM, Dipak Shah <djshah1944@yahoo.com> wrote:
Dipakkumar Jayantilal Shah B-302 Vrajbhumi ApartmentsOpp Riddhi Towers, Jodhpur Gam Road,Ahmedabad 38001508.11.2013Registrar of Comp[anise GujaratMinistry of Corporate Affairs,Opp Rupal Park Society, Naranpura ,Ahmedabad 380013Dear Sir,Reg:- Ratnamani Engineering Ltd accounts for 31.03.1994fraud in accounts documents on your record for last more than 19 years defending the Company.Please refer to above and in continuation with my all earlier letters I have to further state as under.(A( It is on your record of the Company that in account for 31.03.1994 of Ratnamani Engineering Limited credited Rs 65 lacs as income not received from any one out side but internally mere book entry of profit and the same amount was debited to machinery and other accounts . For 31.03.1994 Ratnamani Engineering Ltd paid dividend out of the said profit of mere book entry only. No earlier years profit carried forward any more. This was silently Reported by C R Sharedalal & Co partner Jayesh C Sharedalal , Chartered Accountant . The resulting real profit / loss was not reported in Accounts at all. Said in Audit Report as " Increase in Profit by Rs 64.46 Lacs at Page No 23 of Published Account of 31.03.1994 of Ratnamani Engineering Ltd . At the same time this qualification , qualificatory note which requires to be explained fully by Board of Directors in their report to Shareholders with account, In their Report at page no 9 under Review of Operations last line said "…………… NOTES FORMING PART OF ACCOUNTS ,,, IN THIS REGARD ARE SELF EXPLANATORY " This itself Board of Directors confirm the profit of Rs 46.68 lacs in increase by Profit of Rs 64.46 Lacs means a loss of Rs 17.78 Lacs Less Balance of Profit and Loss Account of earlier year Rs 20.94 Lacs Net Balance of Profit Rs 3.16 Lacs is a real profit . Dividend paid by Company is Rs 27 Lacs which is apparently not from real profit but only from out of capital and distribution of Dividend is illegal.But all these years your office did not take care to see records of your office, documents of Merger Petition No 17 of 1996 filed Before Hon. High Court of Gujarat Ahmedabad. Wherein it was proved in 1998 on records of the said merger petition and on records of the said merger petition and on the record of Official Liquidators Office , Regional Director the fraudulent entry of mere book entry Profit of Rs 65 lacs which was deleted by same statutory auditor in their Tax Audit Report u/s 44AB of Income Tax Act Rs 65 Lacs on the ground of internal book entry . Your offices never cared to note the same fact and prosecute the Company and their Directors for last 16 years under your power . Your offices failed to take any action and compliance of provisions of the Companies Act,1956 which is your prime duty and power.Not only this but you completely defended the Company Ratnamani Engineering Ltd represented to you by letter stating my all cases had been dismissed from 1994 to 2007 / or so. But company did not say that all the cases dismissed were for condonation of delay in filling. In any cases subject matter of fraud in accounts is never decided by Hon. Courts but only Hon. City Civil Court decided the matter in my absence and that too without documentary evidence of Tax Audit Report u/s 44AB for 31.03.1994 of Ratnamani Engineering Ltd . Which was not produced as documents when an application for production of Tax Audit Report was avoided by Company purposely best known to them .Such facts mentioned above is never reported to you from 1994 to till this date.( B ) Moreover the above facts during my civil Suit no 3861 of 1994 more facts have been stated by Hon. Judge of Hon. City Civil Court at Ahmedabad as under:-I was shareholder of Ratnamani Engineering Ltd after 31.03.1994 only. But the said dividend was declared and paid out of mere book entry of Profit and illegally out of capital.More importantly the dividend was paid to erstwhile shareholders , Directors and their associates only. No to the shareholders who have been become member after 31.03.1994 and only to before public issue of equity shares to public at large . In fact from the above it can be appreciated that the sad dividend of Rs 27/- Lacs was paid from the money received from public issue only. This is another kind of siphoning money of public at large. Your offices failed to protect the interest of public at large and no action were taken so far for all these years , more than 19 years .It is surprising to note that in the Judgment in Civil Suit No 3861 of 1994 at page No 15 it is stated tha " As per witness by Mr. V . C . Bhagat Chartered Secretary Company Secretary of Company that the decision was taken with consultation of Chartered Accountant and then the dividend was paid and declared" . " Name of Chartered Accountant not declared and requires to be investigated by Your Offices appropriately in this case ". The material fact of fraud in accounts and Civil Suit pending in lower court was pointed out by your Offices and remained silent after the merger order . The reason for not filing an appeal may please be given with full explanations and documents with you.All Documents mentioned above may please be called upon from the Company Tax Audit report u/s 44 AB of Income Tax act of Ratnamani Engineering Ltd for 31.03.1994 and all other documents I may send to you by e mail if you provide me by which I can sent them to you.( C ) It is on your record that official liquidators Report to Hon. High Court of Gujarat in Company Petition No 17 of 1996 Paragraph no 2 mentioned that " That under section 394 ( 1) of the Companies Act 1056 the official liquidator is required to submit his Report to this Hon. Court to the effect that the " AFFAIRS OF THE COMPANY HAVE NOT BEEN CONDUCTED IN MANNER PREJUDICIAL TO THE INTEREST OF THE MEMBER OR PUBLIC INTEREST ".It is very much clear from the fact that this Report of official liquidator is negative for merger and even then official liquidator remained silent from the date of order in 1998 even till this date and not filed an appeal to upper Hon. Court which is also mentioned in order of merger petition no 17 of 1996 by Hon. Justice Mr. M . S Shah stated specifically aggrieved may file an appeal . But you remained silent.( I V ) In view of the above all facts and documents on record with your office and Hon. High Court of Gujarat in Company Petition No 17 of 1996 you failed to comply and in compliance of Law of the land directly .It is hereby intimated to you by this letter that why a writ petition , you all being Government Authority , should not be filed in the interest and compliance to the Provisions of the Companies Act and prompted and tantamount to give backing of fraud, fraudulent activity in accounts fraud cash embezzled by Directors , their associates of Ratnamani Engineering Ltd in the year 31.03.1994 ?I hope I will be given your reply in full with all explanations for remaining silent over the matter for all these years .Thanking you ,Yours faithfully,Shah D JC C to:=1Ministgry of Corporate Affairs By E mail,New Delhi2. Official Liquidator by E Mail.Ahmedabad3. Regional Director By E mailMumbai / Ahmedabad in person
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