complaint letter to bar council of gujarat on 11-9-02

COMPLAINT AGAINST MR. S. SOPARKAR
FOR PROFESSIONAL MISCONDUCT
DATED: 11-09-2002

BAR COUNCIL OF GUJARAT
C/O GUJARAT HIGH COURT
SOLA-GANDHINAGAR HIGH WAY
AHMEDABAD


SIR,

SUBJECT: COMPALINT AGAINST ADVOCATE
MR. SAURABH SOPARKAR FOR HIS
GROSS PROFESSIONAL MISCONDUCT
================================


(1) I am client of Mr. Soparkar by virtue of:

(i) My seeking of appontment of Mr. Soparkar through my
Auditor-cum -chartered accountant Mr. H. Kashiparekh for consultation on taxation on taxation matters in relation to share transfers and having discussed the matter with Mr. Soparkar in presence of Mr. H. Kashiparkekh and the undersigned.

(ii) Mr. Soparkar’s further acts of drafting various memorandum of understanding between Dhanyushya Finance Pvt Ltd and share holders
of Rupmanglam and shareholders of Flovin and his acts of consenting
and thereby including his own name as well as name of Mr. H.
Kashiparekh as escrow-personsin knowledge of Mr. J.Jalundhwala and
Mr. K.C.Gandhi –representatives of Dhanyushya. Mr. H.Kashiparekh ,
Mr. Himanshu Modi and the undersigned.

(iii) Mr. Soparkar and Mr. H. Kashiparekh holding of MOU’s, shares, transfer deeds, Form 32, etc.in their capacity as escrow-persons given by various family members of mody family including the undersigned and cheques given to the escrows by authorized signatory of Dhanyuhsya Financial Pvt Ltd to be given to the undersigned. Both the Escrow persons have given various documents to Dhanyuhsya and
Returned some of the cheques received from Dhanyuhsya held in
escrow.

(2) The undermentioned preliminary information reveals presence of Mr. Soparkar and Mr. Kashiparekh as escrow persons to various MOUs:-

(i) The presence of Mr. Soparkar and Mr. Kashiparkeh as escrow-persons Is confirmed by Dhanyuhsya through their advocate Shri Ashokd D. Shah in reply given on 7-12-98 vide Para 4- “ My client strongly resents the aspersions made against the escrows….. My client also denies that they have easy and smooth access with escrow……”

(ii) The presence of Mr. Soparkar and Mr. H. Kashiparekh as escrow-
Person in relation to various MOU’s is referred in ex-parte reassessment orders passed in March 2002 by the assessing officer of income tax department finalized in case of the undersigned pursuant to investigation carried out by the investigation wing of the income tax department from 1998 onwards.

(iii) In reply filed by Dhanyuhys, Mr. Jalundhwala in the city Civil court recently , they have accepted the presence of Mr. Soparkar and Mr. Kashiparekh as escrow persons.

(3) It is on record that Mr. Soparkar has appeared for his client-Core Health care in AO 167/2000, AO 175/2000 , CA 12971/2000, CA11071/2000. It is on record that Mr. Amar N. Bhatt has appeared for Core Health Care in SCA/2327/1998 and SCA13364/2000.

(4) Inspite of the undersigned being Mr. Soaprkar’s client and as one of the escrow-persons holding valuable documents (such as MOU’s, share certificates,transfer deeds, Form 32, etc. in relation to various MOU’s between Dhanyuhsya and share holders of Flovin and Rupmanglam), Mr. Soparkar and Mr. Amar Bhatt appeared on behalf of Dhanyushya before the Honourable Judges of Gujarat High Court in CRA 25/2002 and cra 26/2002 challenging City civil court order passed in suit 5827/2001. AS ONE OF THE INVOLVED PARTY, it was unethical for Mr. Soparkar to appear for Dhanyuhysa WITHOUT DISCLOSING TO THE HONORABLE JUDGES OF THE HIGH COURT. This shows that Dhanyushya HAS EASY AND SMOOTH ACCESS to Mr. Soiparkar inspite of denial by Dhanyuhsya as stated in para 2(i) above. It also shows that Mr. Soparkar had malafide intentiuons to veil his as well as Mr. Kashiparekh misdeeds so that the truth is not allowed to emerge immediately and therbt obstructing justice and causing furether irreparable damage by hampering the process of justice to the undersigned in time.

(5) Most of the above information has been brought to the attention of Mr.Soparkar vide undersigned’s letter dated 10-5-02 and reminder letter-cum-construed notice dated 6-8-2002. The contents are self –explanatory. Mr. Soparkar’s SILENCE FOR SO LONG CLEARLY SHOWS TACIT ADMISSION AND ACCEPTANCE OF FACTS.

(6) In light of contents of para 5, Bar Coucnil of Gujarat is humbly requested to demand and insist Mr. Soparkar to reply in form of detailed written affidavit IMMEDIATELY ON RECEIPT BY MR. SOPARKAR. Bar Coucnil shall take Action to debar him immediately from practicing so as to maintain high Standards of code of conduct and ethics amongst practicing advocates.

(7) It is a fact that Mr. Soparkar appeared for Dhanyushya applicant in CRA25 and CRA26/2002 where Core Health Care is one of the defendants but no one appeared for Core Health Care. It is imperative also on the part of Bar Council to question Mr. Soparkar as to why Mr. Soaprkar did not take intiative to volunteer to disclose this vital information to the attention of Gujarat High court that Core Health care ALSO HAPPENS TO BE MR. SOPARKAR’S VALUABLE CLIENT. As stated in para 3 as there is fundamental conflict of Interest between Dhanyushya and Core Health care as far as CRA25/2002 and CRA 26/2002 is concerned to enable the Honourable Judges to draw proper
conclusions by studying the matter from various perspectives. Mr. Soparkar has deceived the Honourable judges by showing that Dhanyuhsya, Jalundhwala and Core Health care has apparently conflict of interest amongst themselves but in light of reply recently filed by Dhanyuhsya in the city Civil Court,Danyushya Core HEALTH CARE AND Mr. Jaludnhwala there is agreement amongst themselves.

(8) In view of contents of correspondence addressed to Mr. Soparkar, the present Affidavit and the facts of the matter, it is my humble request to the members of Bar Council of Gujarat that Mr. Soparkar be immediately debarred to appear before the courts on account of his professional misconduct to his client, by betraying trust reposed by handing over valuable documents to Dhanyushya on account of his presence as one of the escrow persons and his various acts of malfeasance, etc.It has to be kept in mind that there exists fiduciary relationship between Mr. Soparkar and the undersigned.

(9) Mr Soparkar has not made basic inquiries with Dhanyushya on evidence of Ownership and thereby has misuded the process of legal system by challenging the city civl civil court order on frivolous grounds to veil his own misdeed as escrow persons. This has to be also seen in retrospect when time as indicated by the High Court. In view of contents of Para 3 and Para 7, Mr. Soparkar’s professional content is of deceipt and deception to mislead the Honourable High Court judges by intentionally suppressing the fact that Core Health Care is his client and his conduct completely lacks transparency and basic honesty.

(10) I have reason to believe that Mr. Soparkar and Mr. Kashiparekh are both in collusion with each other who are primarily responsible for conniving with others to subject me through various kind of toirture through others in the past. In view of this situation and present letter, and to prevent such repetition of uncivilized and inhuman acts, Mr. Soparkar shallbe fully responsible for any
further acts of harassment and torture to me conducted directly or through others.

(11) I reserve my right to furnish additional comments, information, explanation, evidence, once I receive written detailed reply to each and every paragraph to my letters addressed to Mr. Soparkar in form of written affidavit and accompanied by detailed written notarized reply from Mr. Jalundhwala and Mr.K.c.Gandhi representing Dhanyushya Fiance Pvt Ltd as well as written detailed
Notarized reply of Mr. Hemant Kashiparekh.

(12) I look forward to an early action and immediate indedpth study matter and I Humbly request the Bar Council to refer the professional conduct of Mr. Soparkar to the Honourable Chief Justice of Gujarat in the interest of justice to the undersigned.

I solemnly affirm that allegations and averments in my present complaint are true to best of my knowledge and belief.


Signed by ------------------
Pankaj S. Mody



Copy marked to 1) Mr. Saurabh Soparkar, advocate
204 AKANKSHA, OPP VADILAL HOUSE
Nr MOUNT CARMEL CROSSg AHMEDABAD 380009
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RECEIPT NO: 13566 BARCOUNCIL OF GUJARAT DATED 12/9/02
ADDRESS : OPPOSITE GUJARAT HIGH COURT
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PHONE 27434073,27433460.