Corruption in Indian Banks: Annexures from State Bank of India [1

This is the [1-10] Annexures from of state bank of India for more information click on

Annexure 1

Dated: 16.06.2011

The Chairman,

State Bank of India,

State Bank Bhawan,

4th Floor, Nariman Point,

Mumbai-400021.

Kind Attention: Shri Prateep Choudhury

Ref.: Loan Account No’s. (i) 30790086642 (TL Account);
(ii) 30790105601 (TL Account) and (iii) 30790238803 (CC Limit) of M/s Rosebay Agro Farms Pvt. Ltd.

Sub.: Sequel to our complaint dated 31.05.2011 for conducting inquiry against Shri K.L. Chourdia, R.K. Nehra, V.K. Lakhani & Shri D.B. Shiwach.

Sir,

Please take reference of our complaint dated 31.05.2011 inviting your kind attention towards the series of unwarranted illogical, irrational, unfounded, arbitrarily and unlawful act of offence by the aforementioned officers of your esteemed organization. To enable this Hon’ble Chair to understand and appreciate at a glance, the setoff circumstances designed and mechanically created by those very learned officers with the prejudice state of mind to harass the complainant, we narrate here-in-below, the brief gist of events. This may however be read as an addendum-cum-corrigendum to our complaint dated 31.05.2011:-

1. That letter dated 29.12.2008 was not only erroneous but malafide on all counts. Shri K.L. Chourdia has not visited our dairy on the stipulated date i.e. on 25.12.2008. Moreover, the contentions of mechanical nature sought to be raised by the Learned Branch Manager in the said letter were thoroughly and precisely replied by the complainant vide their letter dated 06.01.2009. (Please refer Para-B of our complaint dated 31.05.2011)

2. That the disbursement of the sanctioned loan amount was unlawfully discontinued in the midst of the period when the project was under going the process of establishment and installation and when the financial assistance was needed badly for the sound health of the project, on the grounds stipulated in letter dated 29.12.2008, which were preciously replied point-wise by the complainant, without any further notice to the complainant, was unjustified and irrational. This reveals the preconditioned and malafide state of mind from the very onset, when Shri K.L. Chourdia took-over as the Branch Manager at Raila Branch.

3. That the matter was sympathetically considered by the then General Manager L.H.O. followed by deputation of Shri S.C. Verma the then C.M. Agriculture for the inspection of the dairy project. (Please refer Para-C of our complaint dated 31.05.2011)

4. That aforementioned Shri S.C. Verma submitted a report and findings on the project pertaining to the financial and technical aspects followed by his recommendation for further sanction of the loan amount of 16 lacs which was not taken care of by the Zonal Office, Jaipur, working under the influence of conspiring trio operating at Jaipur and Raila. (Refer Para-C of our complaint dated 31.05.2011)

5. That though the approach and attitude of the L.H.O. New Delhi was sympathetic but amazingly not effective and result oriented, because even their instructions and directions were not complied upon, by and under the influence of the offending officers.

6. That despite the direction and intervention of L.H.O. New Delhi, the conspiring trio instead of rectifying their apparent errors and malafides on records, further acted in collusion to unlawfully rephase and reconstruct the complainant loan account. This was undisputedly an act of highest degree of unlawful coercion (Please refer Para-F of our complaint dated 31.05.2011). Thus the intervention of L.H.O. in the past proved to be an empty formality. We apprehend the repitition of the same again, unless some deterrent steps are taken this time and that too with the immediate effect.

7. That in their dispute with Tehsil for mutation in relation to creation of charge, we were unnecessarily dragged into litigation by the Branch Manager, Raila for no fault of ours, with the designed malafide motive to harass and defame us. (Please refer to Para-H of our complaint dated 31.05.2011)

8. That the conspiring trio in consonance with Shri D.B. Shiwach the then C.M. (RBB, New Delhi), who was the batch-mate and close friend of Shri Nehra, with the criminal intend to hinder the SBI's finance to the very well deserved expansion of the complainant's project, colluded to do every thing and any thing to present the wickedly perverted picture of the facts.

9. That in the process of depriving the complainant their very well deserved finance for the expansion of project (to make the same furthermore viable and feasible), the vetting report of Mrs. Sabiha Akhtar was not brought on surface and amazingly one Mr. Jai Singh from SBI Kota was appointed for re-vetting of the project with the malafide intend to suppress unadulterated report of Mrs. Sabiha Akhtar prepared with utmost expertise and precision. Moreover, it would not be out of place to mention here that Mrs. Sabiha Akhtar was higher in qualification in rank in comparison to Mr. Jai Singh, who was merely a Recovery Officer appointed on contract basis. (Please refer to Para-J of our complaint dated 31.05.2011). Thus by this reasoning also, the report of Mrs. Akhtar will prevail over the report of Mr. Jai Singh.

10. That furthermore Mr. Jai Singh has prepared the vetting report in haste without application of mind and even without any intimation or consultation with the complainant. Moreover, the said report has never been brought on surface and despite repeated request not revealed to the complainant, which is self speaking of the designed conspiracy not only against the complainant but also against the SBI, by depriving them of a bonafide borrower.

From the forgoing your goodself will appreciate that apart from the conspiring trio of Shri K.L. Chourdia, R.K. Nehra, V.K. Lakhani, our project has been appreciated and applauded by each and every expert officers deputed/appointed for the inspection of our project. We are sincerely committed to the cause for which this project was brought in operation by us and reasonably believe that S.B.I. will back us with all financial support whatsoever as has been assured to us at the very onset, when the abovementioned officers were not in the scene. We further expect that this Hon'ble Chair will not be economical with the truth leading to the miscarriage of justice.

Regards,

(Sanjay Khatri)

Advocate

Annexure 2

Annexure 3

Annexure 4

Sanjay Khatri

Advocate

Off. : 4-Ka-32, Jawahar Nagar

Jaipur-302004 (Raj.) India

Mob. :

9461616626

Email : legal_sk@yahoo.com

sanjaykhatri00@yahoo.com

Chamber : 23, Lawyer's Chamber, Rajasthan High Court, Jaipur

Dated: 26.07.2011

General Manager (Network-III)

State Bank of India

Local Head Office

D-Block, 11, Sansad Marg,

New Delhi-110001.

Kind Attention : Shri Siddhartha Sengupta

Ref.: Loan Account No’s. (i) 30790086642 (TL Account ) ; (ii) 30790105601 (TL Account) and (iii) 30790238803 (CC Limit) of M/s Rosebay Agro Farms Pvt. Ltd.

Sub.:Reminder of the actions promised to taken during the meeting conducted on 16.06.2011.

Sir,

Please take reference of the meeting we had at S.B.I., Zonal Office, Nehru Place, Jaipur on 16.06.2011 pertaining to the grievances we had against the aforementioned officers during the period stipulated. The grievances pertaining to the misconduct of the said officers was brought on surface by us vide our letters dated 31.05.2011 and 16.06.2011 addressed to the Hon’ble Chairman, SBI, Mumbai. You were kind enough to attend to our problem gracefully and after a marathon hearing certain points were agreed upon. The gist of the same is summarized herein-below:-

1. Conducting a judicious and uninfluence inquiry:- We were assured by your goodself that a transparent internal inquiry would be conducted by you against the officers in reference and as per established norms of natural justice we would also be heard in person before any final decision in the matter. But after the lapse of more then 40 days, we have yet not received any intimation in respect thereof from your end. We apprehend that the delay in the matter would invite undue influence causing miscarriage of justice. We, therefore, sincerely hope that you will appreciated the validity of our apprehension and do the needful accordingly in conformity with the principles of equity, justice and good conscience.

2. Relief’s pending the inquiry:- This is further to remind you that you have assured us of the following actions to be taken from your end within 15 days:-

(a) The amicable settlement of our apparent financial problems with the Raila Branch. You are requested to refer to our complaint dated 31.05.2011 for the details in respect thereof.

(b) The rectification of the rate of interest from the very onset, which was erroneously charged from us at commercial rate instead of the priority rate applicable to agriculture sector and provide us the relief accordingly.

(d) The withdrawal of the malafide letter dated 05.06.2009 erroneously stipulating our undisputedly pious account as a rephased account. It was categorically brought to your kind attention that this letter is causing us grave hardship and has unnecessarily injured our financial status in the trade.

(e) The expansion of our project previously rejected for the reasons not on record would be considered afresh, professionally under your directions and guidance. The directions in respect thereof are still awaited making us severally handicapped to file the project report for expansion for your kind consideration.

Your goodself will appreciate that each day of delay in taking the forgoing actions agreed upon during the course of personal meeting is exposing us not only to irreparable financial losses, but also endangering our stock in the trade which are neither the capital goods nor spares and components etc., but are the Cows which needs to be feed twice a day. We, therefore, plea mercy for those pious animals who may be exposed to starvation provided the matter is not resolved with immediate effect. It would not be out of place to mention here that since the said live stock in form of Cows is hypothecated with S.B.I., therefore, we together owe the responsibility to safeguard them.

We sincerely hope that your goodself will accede to our humble request and oblige by doing the needful.

Regards,

(Sanjay Khatri)

Advocate

Annexure 5

Annexure 6

Annexure 7

The Chairman, Dated: 16.01.2012

State Bank of India,

State Bank Bhawan,

4th Floor, Nariman Point,

Mumbai-400021.

Kind Attention: Shri Prateep Chodhury

Ref:- Complaint dated 31.05.2011 field by M/s Rosebay Agro Farms Pvt. Ltd. 4, Vishnu Path, Satya Vihar, Lalkothi, Jaipur, Rajasthan

Subject:- Final call for seeking justice.

Sir,

This letter may please be treated as our final call for seeking justice in the captioned complaint dated 31-05-2011 (copy enclosed herewith as Annexure ‘A’, for your ready reference). It was very categorically requested not to involve local office in the proceeding pertaing to the complaint in reference, so as to avoid undue influence/pressure, leading to the miscarriage of justice (Please refer prayer at page 24 of the complaint). The text of the complaint was self-explanatory and corroborative enough to give understanding to a man of prudent and rational mind, that involvement of the local office would certainly invite undue influences/pressures, resulting in denial of justice to the aggrieved complainant. But to our utter surprise our most reasoned request was not paid any head.

From the facts apparent on the face of record there is no denying the fact that the complaint was forwarded to the L.H.O New Delhi without reading even the subject and the prayer of the complaint and the complaint respectively. To add to the irony Learned General Manager, L.H.O New Delhi conducted hearing with us on 16.06.2011 at Jaipur right in the presence i.e. one of the officer who is the prime accused in the complaint Shri V.K. Lakhani.

During the course of marathon hearing as aforementioned Learned General Manager assured us an early and effective action in the matter. But amazingly nothing has been done, till date. On the contrary the subsequent actions of the Bank also appears to be infected from the virus of mal/corrupt practices. Though the fate of the compliant was apparently pre-decided as was evident from the way the proceedings were conducted, but in goods faith we waited patiently hoping against all odds for a judicious action from your end. The norms of banking practices are being violated continuously even during the period subsequent to the complaint by the fearless local officers who appears to be over and above the command of the sovereign in your institution. The governance and administration is at absolute failure in your Bank, so much so, we were not even provided with the complaint number. Further-more Shri K.L. Chourdia visited the complainant dairy for inspection on severed times without any pre-notice and with revealing his authority with a fearless cunning smiles on his face. During the said visit he threaten to ruin our project, as if he himself is the Chairman of SBI. His language was purely uncivilized and slang.

In the above premise you are most humbly and respectfully requested to take judicious action on our complaint dated 31.05.2011 within seven days of the receipt of this letter, otherwise we will be painfully constraint to proceed against the Bank, for seeking justice before independent forum of competent jurisdiction.

Through Counsel

(SANJAY KHATRI)

Advocate

Annexure 8

The Chairman, Dated: 28.01.2012

State Bank of India,

State Bank Bhawan,

4th Floor, Nariman Point,

Mumbai-400021.

Kind Attention: Shri Prateep Chodhury

Ref.: Loan Account No’s. (i) 30790086642 (TL Account ) ; (ii) 30790105601 (TL Account) and (iii) 30790238803 (CC Limit) of M/s Rosebay Agro Farms Pvt. Ltd. Branch Raila Distt Bhilwara (Raj)

Sub:- Intimation to be taken on record

Sir,

This is in continuation to our letter dated 16.01.2012 finally addressed to this Hon’ble Chair in the hope of seeking justice. But unfortunately despite the lapse of the stipulated time limit we have not yet received any response from your end. This attitude of your’s made us severally handicapped to save our live stock (cows) and also made us understand as to why the bonafide farmers are committing suicide in our country. Owing to your’s mechanical and irresponsible behaviour, the live stock (Cows) retained by use is in grave danger. Hence an effective and immediate action is warranted to be taken practically from the either end to safeguard them. We however owe the right to mitigate the losses.

This is for your intimation and record.

Regards

M/s Rosebay Agro Farms Pvt. Ltd.

Through Counsel

(SANJAY KHATRI)

ADVOCATE

Annexure 9

To Dated 06.02.2012

The Chairman

State Bank of India,

State Bank Bhawan

4^th Floor, Nariman Point,

Mumbai 400021

Ref:-Loan Account No’s. (i) 30790086642 (TL Account), (ii) 30790105601 (TL Account) and
(iii) 30790238803 (CC Limit) of M/s Rosebay Agro Farms Pvt. Ltd.

Sub:- Intimation for closure of Project.

Sir,

Please take reference of our compliant dated 31.05.2011 followed by reminders dated 16.06.2011, 26.07.2011, & 28.01.2012 respectively (Photo copies enclosed herewith as Annexure ‘A’, ‘B’, ‘C’, & ‘D’ respectively) which are self speaking of the facts of the case and issues of concern reported to this Hon’ble Chair,. Inspite of our repeated endeavors, no action whatsoever has been taken by this good office for proving us any relief. It is thus implied that State Bank of India, is not interested in rationally resolving the issues causing us grave pain and agony and inter-alia exposing us to financial losses causing irreparable injury to our business. These circumstances have rendered the survival of project as impossible.

In the above premise, we have to bring to your kind notice that we have finally decided to close down the project and do every thing needful in respect there-of in conformity with the law to discharge the justified liability of the SBI in principle. Further the livestock in the form of Cows pledged with the SBI is in danger during this cumbersome process. You are hereby requested to take charge of the same physically for proportionately setting off the dues standing against us. Otherwise we will be very shortly selling the same and depositing the realized amount against the due principal amount. You are, therefore, requested to take appropriate action within 7days from today otherwise we will be left with no option but to sell the Cows pledged as security with SBI and deposit the amount so realized in the respective Branch for deduction against the principal amount due against us.

Further to above you are requested to intimate the principle amount due against the captioned loan accounts, so as to enable us to discharge the liabilities due against us after setting off amounts recovered in excess from us, in past, as has been explained in the aforementioned letters under reference. We sincerely hope that good-self will accede to our humble request and do the need full in conformity with the principles of equity, justice and good consequence.

Regards

For Rosebay Organic Foods Pvt. Ltd.

Through Counsel

(SANJAY KHATRI)

ADVOCATE

C.C to General Manager Network-III

L.H.O New Delhi

C.C Branch Manager Raila Distt Bhilwara

Annexure 10