“DAYAL MANSUKHANI IS RESPONSIBLE FOR THIS MATERIAL ON THIS  WEB-SITE”

 

·         I Dayal M. Mansukhani, an adult Indian inhabitant residing at flat No. 19, Malkani Mahal, Worli, Mumbai 400 0390. Do hereby on solemn affirmation states and declares as under.

 

·         I states that I am the author and authorized manager/operator/ provider/ and/or Publisher of my web-site ___________________________  I say that this affidavit cum declaration is in furtherance and addition of my above website.

·         I say that if you open and look into my above website you will find nothing defamatory or objectionable in respect of the contents of my above web site. The contents therein are just the story of my sufferance/life story, which I affirm to be correct and true.

·         I further states and submit that if I do any wrong or commit any offence I am solely responsible for the same and family should not be dragged in to the affairs of my self-published web site. With all humility, I submit that I have not committed any offence in publishing, distributing and circulating the above web site.

·         My above site is just the reflection of the sad story of how being an Indian and Asian, how we have to suffer at the instance of the Europeans. As the Europeans still consider us their slave and their mindset has not changed despite more than 50 years of Indians independence. Unfortunately, our own Indian minister and government do not help our nationals stranded in the wrongful fist of the foreigner. On the contrary, all over the world the national government protects their nationals no matter where they are and how they are.

·         I have observed that in all the countries the punishment for the offence committed are around the same propronate. On the other hand, similar. However, unfortunately when it has come to Indian nationals we always expose to bias treatment. However it is seen that allover the world the courts order are taken as pious and unbiased, fair, just.

·         It is unfortunate experience of most of the Non Indian Residents that when our nationals are in Europeans nations the Indian Government does not help the citizens. As a result Indian nationals cannot stay a single day in europium country without an Advocate/ Lawyer, and Real Estate agents or chartered accountant.

·         It has been the experience of Indian nationals that if all these elements like Lawyer, Chartered Accountant, and Real Estate agent joined hands with the judiciary they can cheat any person from any part of the world no matter how influential he is. Indian citizens are treated worst than tissue papers. If a person does not have Permanent Residents in Australia or News Zealand he is not competent to purchased real estate but these unscrupulous elements lure these innocent persons to purchase the real estate and dupe him in millions of dollars. Unfortunately the courts of law do not protect these poor people. It has been observed by me that the judiciary is in their hands and thus cheat any foreigner nationals.

·         These unscrupulous elements do not stop there but also harass the children’s of these wealthy foreign nationals and dragged them into frivolous litigation, I am fortunate enough to bring all these facts on the website. And being the cautious citizen has a duty to warn and caution other investors not to get into the net of these property grabbers sharks.

·         I further say and submit that when I brought all these facts before the world these very people have involved me in frivolous litigation and sued me for defamation. Under the guise of all these legal action they succeeded in attaching my real-estate property and sale it in auction all in peanuts prize. I have spent around 7 years in Europeans countries spent millions of dollars there but I was treated very badly and for last seven years, my life was hell like a prison life. I repeatedly sought help form Indian Ministers, Lawyers Influential persons but left without help.

·         I further state that I went to Australia with one Indian Lawyer Mr. Sanjeev Punalekar to save my property from illegal and unauthorized encroachment. He did his best to defend and save my property from these anti social elements but ultimately these people have more influential and unfortunately there courts also are biased and have close nexus with these unscrupulous people. You can find all of it in details on my web-site ____________________ . All my family and children’s life were ruined. I was duped with millions of dollars.

·         I am proud of my Indian ness I have a wife who is Indian Women and who is willing to sacrifice her husband for the sake of her Justice.  She is willing to sacrifice her husband so that I can remarry some Lawyer from these Europeans country and defend my person and property. She feels that as she cannot legally defend my property and my person atleast she can relieve me so that I can remarry some lawyer to defend myself. Thought my wife is against my publishing these materials on the web-site I believe in exposing those  ant social elements, this resulted in differences with my wife but I assume that unlimitedly she will realize that this is all for a just cause. This is a misery of a person who loses 100 millions of dollars in litigation he is least responsible with.

·         I state that recently I have taken steps to form a free legal aid global foundation and Public trust to support the cause of Non Resident Indian who are left alone to fight for their survival. Indians are all around the world and atleast 10 to 20 crores Indians are residing in foreign countries, but they do not get timely legal aid/ or do not afford costly legal assistance and hence they suffer. By way of my Public trust I will provide them with cheap legal aid, by offering them membership for just 100/- $. Per month. My team will consist of brilliant legal brain, a software engineer, supported with 24X7 call centres reaching all the time to the members. I will also provide them with video conferencing through out India. Even if 1 to 2 lakhs person subscribe to my free legal aid foundation it is not very difficult to spent 100 crores for the call centre through out India. Within 2 months. My endeavor will be to provide legal assistance to my member for 25$ per hours advice and actual documentation is really cheap. I am sure all NRI can afford the same. On the contrary even if any foreigner applies for the same we can extend our services for merely 50 $ per hours which they can find very reasonable. I propose to spend 90% of my revenues on social upliftment and education, so that more and more Indian can get proper and adequate employment.  This will also put our Indian culture on the top ranking with better living condition. Even if an Indian employee earns $ 10 per hours the remuneration is well adequate and this will result in better India.

·         I believe that around the world the major man power supplier is India and China and if we do not grab this opportunity we will miss the Bus. When foreigner can benefit from the call centers situated in India why not an Indian should take lead and provide suitable services to our nationals.

·         I have done business all over the world,  I was assaulted and attempted to be terminated five times, but I know that god is great and the saver is important than the terminator. I don’t mind losing my property if I can learn form my experience and save others by cautioning them.

·         Recently I have also filed one PIL in the Bombay High Court calling upon the Indian Government to provide basic legal and medical assistance to the Indian Nationals who are out there earning foreign currencies for the Nation. As I believe that our Embassies and consulate do nothing besides the administrative work. If we cannot protect our nationals form such tragedies then we have no right to claim anything from the Non Resident Indians. I am ready and willing to have a joint venture with the Government of India for this project of providing free legal Aid Global Foundation, in order to bring India on the top ranking of nations.

·         I further state that for the above purpose I need top website designer and technicians to upgrade my web-site. Top grade Lawyer to provide legal assistance to my members, Chartered accountant to look after the account aspect of our members. Anybody interested can contact us on _______________________________. I assure that my eligible employee shall earn $10 per hours minimum.

·         I further state that we also need a team who is capable of making good documentary movies to highlight the plight of NRI and expose the Injustice caused to them. We prefer Asians as they are the only sufferers and victims of unjust treatment and human right violations.

·         Whatever stated herein above is true and correct and stated on my believe and faith, I am solely responsible for the above statements and I have been read and explained the contents of the above which I believe to be true and correct, and based on my instructions.

 

·         Dated this         day of Sept 2006

·        Dayal M. Mansukhani

§         FOR Free Legal Aid Global Foundation.

 

·         THE LONE BATTLE OF MR. DAYAL MANSUKHANI.

·         MY appeal …………………………..

·         “FIRST AND MOST IMPORTANT I am not asking for donation. SO NOT TO WORRY THIS IS NOT TO CHEAT OR DUPE INOCENT PEOPLE by emotional blackmailing.”

 

·         I was working on this project alone for last four years.

·         This is my open project and any one can copy the same for the benefit of people at large.I left this project open. Looking at my project Australia attacked me

·         I brought property at Australia for the future of India, this property is freehold of Indian citizens and beneficiary is my children’s, today this property is on lease for 25 years, I declare that this property will be used for Indian benefits for 25 years, this is not a property but is diamond quarry, this property will be developed within 6 months and 30 to 40 million dollars loan can be taken on this property. This loan amount can be invested in other property and use for Indian future. Today I have two project, free legal aid foundation and internet media advertisement on first year million dollar and after that 4 to 5 million dollars income  can be generated.

·         MY PLAN :-

·         I plan to have in each branch only five men, who preferably would be Indians

·         I want Indian citizens to eat properly and save money, stop starving. This project includes project plan capital investment. If I run this project I will need only media, my documentary movie will be made, and it will be translated in all language of the India, and screened on television. This will expose Indians to the real situation about Indians overseas and how they are been treated. And overseas Europeans will learn their mistakes that not to mess with Indians citizens.

·         OUR HISTORY:-

·         Gandhi had alone fought and got independence by peaceful manner in 1947 independent India, and now Indian citizens are again suffering all over world, by the same superior mentality of Europeans. We are suppliers of man power, is supplied from India, all over the world. In business moreover and brain power are Indians these people are responsible for the earning of European countries in dollars and called us man power.

·         AS OF NOW-

·         Today the position is America, United Kingdom, Australia man power is imported and Australia is original UK jail, and mafia countries open jail, and now today only 20 million are its citizens. The aboriginal are not considered there members.

·         Even for them on an average  Indian citizens, and big project is run from India, through telemarketing, call centers they offer Indian citizens 15 to 20 thousand rupees but its not even 500 $ those who are in European countries earn more but more than 50% income are taken away in tax and maintenance. Remaining 50 % income goes in real-estate chartered accountant and legal assistance.

 

·         THE DISADVANTAGE-

 

·         There chartered accountant charges minimum per hours 100-150 $ and lawyers  charges 200-300$ per hours, and real estate takes charges for property and they charge 7 to 10 percent commission and if all these joined hands they can make any overseas bankrupt. These elements mostly when they apply for Permanent Residence they are not eligible for buying immovable property until they obtain PR, but these elements involves them in litigation and dupe them, by luring them to buy property there and then illegally after lengthy litigation, get the property attached and soled for through away prises.

·         MY PURPOSE-

·         MY plan is within the year MAKE INDIA superpower, our Indian citizens will be happy and NRI will be happy Indian citizens will earn in $ if government runs this project by charging 10 to 20 % charges India can become tax free countries. Today all world is computer literate and no paper work REQUIRED and it is easily controlled and in India has good knowledge in science and computer medical, legal judiciary.

·         If my project runs smoothly India can lend money to world, as we become powerful,

·         When in 1999 BJP government came to power in  India  tested atom bomb, America scared, and America stopped help to India, there was pressure on India. India was helped by NRI, India gave 7 to 9 % interest. But how big problem was solved as Indian is no more in need of dollars. Today Europeans takes minister in their favour and passes their project and overseas people come to India and sucks Indian blood and through towards India bones by paying 500 $ therefore Indians canot earn in inida

·         The honest Indians educated have no bank balance as before salary they have to pay tax and the balance is Nil. If somebody gets sick they face hardship so they do illegal work. Overseas ministries do Hindu Muslim fight and maximum income is going to Pakistan war and Indian Pakistan fight is enjoyed by these people. All this can be stopped if 100 crores Indian will earns  in dollars, in 3 years.Today I am giving you plan from 120 crores population if 10% Indian overseas on good place in 10 percent citizens becomes overseas citizens adopted thei adopted countries rest work on visas

·         MY PROJECT IS -

·         If 75 lakhs citizens there is in sad life and have no bank balance they cannot help there family by this free legal aid project runs within the year 100 $ membership is charged and this is through the media I am assured than within 6 months at least 75 lakhs Indian citizens 75 lakh X 100$ = 75 crores income per year.

·         If all cities and before all courts call centers is opened where at least 10 persons sits IN air-conditioned OFFICES still the expenses would be maximum 200000/- US$ expenses is expected all having interlinked like air India ticket.

·         If we open branches in every city every where like in America there are 50 states and in each state 25 cities if we make our presence every where there will be 1250 call centers in all over America. Even if there are more courts such 1250 accounting/legal offices will be opened. Likewise all over the world such call centres will be opened and lakhs of Indian citizens will work there and earn 25 to 50 $ per hour. And lakhs of dollars will be saved from these money hotels, hospitals, gardens, clubs, shopping centre will be opened all over the world. And profit will come to India. Indian citizens within the year become super power and all will be happy and crime will diminish, if all countries copies this project, even there countries will become happy. In Asian countries government does not pay pension for its unemployed citizens and does not help them as government is poor financially. But in Europian countirs the British and European gets pension form government and these people also cheat by working secretly, they become drug addicts. How many Asian take pension form government for unemployment 1 % NRI Indian 100$ per month will come to India and make them happy and this people will pay happily as NRI does not care for 100 $, but it can help Indian. If services is provided properly the NRI can pay more. This project will be run on the finance provided by me and my residence will be donated for this purpose.

·         THE OTHER INCOME-

·         I will also run Media advertisement through kiosk business and earn income from that business. I will have branches all over India and pay tax regularly.

·         I need one or two lawyer for life long. The work will be allotted with the in proportion of 10 lawyers for 2500 members, through website.  These lawyers will be exclusively entertaining customer/ members, doctor will be recruitment. This free legal aid takes transmission. Recording for transcript and provide video conference room.

·         In Australia real estate services are VERY bad and lawyers ask for trust account deposit and if money is not sufficient they leave up the job and justice is suffered. If Indian project is run smoothly then other citizens will also become member. WE WILL CHARGE foreigner different charges. Even British will join our project when project successfully launched.

 

·         OUR ASSETS-

 

·         Indian brain is superior brain all over the world brain.

 

·         Mahatma Gandhi has alone made India independent. By peaceful manner. But Mr. Dayal Mansukhani has fought his battle alone against the injustice caused to him against the minister’s lawyer’s judges, etc. Indian one lawyer Mr. Sanjeev Punalekar verify from the web-site goggle.com  CLICK LINK-

·         This one Indian lawyer fought alone for Mr. Dayal Mansukhani in Australia and fought the battled there.

·         In Australia Queensland ministries, included some court judges, everybody respect judges like a god. And judge’s transcript proves that whether the judgments are right or malicious biased arbitrary.

·         One Queensland liquidator John Richard Park controls all queens land ministries and board of judges of supreme court – click link for judges in Supreme court judges.

·         Please check all Supreme Court injustice orders annexed herewith. However my lawyer Mr Sanjeev Punalekar appeals against the orders the very next day and all order against the appeals to appeal court check all appeal numbers --

·         The evidence of Injustice, evidence in the transcript and state reporting bureau in the Queensland the department also involves in the crime in delaying the supplying of transcript of the proceedings.  see how many complaint I have made for not supplying the transcript this way I have suffered heavily both monetarily and mentally. The Queensland ministry is suppressing the transcript to save there face as they would be exposed If transcript is made public.

·         One Indian trust property, the value of which is more than 50- million dollars and multimillion internet project and low cost law firm project, all these projects have suffered as  all ministry joint hands  together and attack Indian trust property and liquidator sold  this property illegally. I have  complained with all ministry but they supported him One Mr. Sanjeev Punalekar made  request and complained against this illegality committed by banking officers,  police, human right organization, crime department, human right body, legal  services,   law society, and public trust body  everybody. Please see the concern link- here…

·         This way Indian property Indian property and its reputation is maligned and shown disrespect. Check\HERE.

·         Indian ministries in Queensland and overseas ministries failed to give me adequate protection and save my property from these thugs. I sought support from Indian ministries and Indian ministries sent letter to Queensland ministries, Queensland ministries just ignored the letter.

·         I just start new project with a challenge to all Asian countries to copy this and should give its citizens this services and facilities. Our Indian all one hundred twenty crores and 10% are non resident Indian will benefit from this project.

·         Around 70% NRI are not happy and all over the European countries they are without legal advice, Accountancy assistance and real estate services not cannot survive for one day there, without this services. So the thugs in those countries joint hands altogether and dupe Asian national

·         All over European countries more investment is from Asian countries but they are unhappy there, as they have no citizenship and permanent residence status.

·         They have to pay heavy legal charges $ 200 to 300 hrs per hours, and that too taken in advance in the trust account and taking long time in disposing the matters;. And without the justice they stop/drop the cases as if no money no justice. Chartered accountant is also taking more than 100 $ per hours and overseas property without a real-estate agents body corporate charge very high.  Real estate service is very poor and real estate agents collect money but do not give services.* check real-estate link- for details.

·         Also check solicitors link- My plan is to give 24X7 free legal aid with -professional services like real-estate accounting to NRI members through call centers free toll free numbers.

·         Our Indian citizens in the Indian give very good services to Indian NRI in cheap rates through call centers may be 25 to 50 $ per hour. If NRI citizens want man power from India the NRI can benefit in all affairs of their business like obtaining visa passport migration clearance medical accountancy support etc.

·         MY EFFORTS-

·         I filed petition in India in Bombay just check link- Indian citizens abroad and there suffering- SORROW STATE OF AFFAIRS.

·         I have registered FREE LEGAL AID GLOBAL FOUNDATION check link- to be commencing soon-

·         To verify my credential check my personal link though it is not technically sound link as I am uneducated after I give all criminal evidence put in my personal dairy this is not FOR  defamation but the truth AND MY PERSONAL EXPERIENCE.

·         My family is not happy 2 with my personal diary in web site because Queensland ministry ARE illegally filing defamation cases against me and involve/IMPLICATE  my children and family IN SUCH UNSCRUPOLOUS CASES check Queensland ministry evidence THIS LEADS TO  my family and me have difference of opinion- I do everything on my own personal responsibility..

·         I want some lawyers and accountant and ONE life partner WHO IS lawyer to look after my case so that I can start law firm in her name and as I am not lawyer TECHNICALLY I CANNOT START LAW FIRM.  My investor has financials support with me and I have sound financial support. I am also ready to adopt an lawyer so that I can open law firm in his/HER name of. For this I am ready to marry some lawyer. I will fight for justice and stand by the truth. So that no other NRI should suffer.

 

·         If NRI’S AND Indians ARE  ready to pay hundred to two hundred thousand $  for justice and legal fees.SURELY THEY CAN AFFORD TO BECOME MEMBER BY MERELY PAYING 100 $ Per Month. as member.

·         I was not given legal services if I gotten this services I would became multimillion. If NRI Indian support Indian trust if labor services everybody taking membership 100 $ per month that will be lower than one day earning they will get legal services and accounting services and medical advices they will get draft petition applications etc that will save millions dollar.

·         Therefore I request support for the above purpose. If some Indian lawyer wiling to and accountant want reputation and respect and make future/carrier they should join Mr. Sanjeev Punalekar an Advocate fighting for Human Rights Violations for one year I guarantee to take the Fresh Lawyer to Overseas. He must be all-rounder. He can earn 50000 to 1000000 in Indian rupees per month.

·         Click my link –HERE I support Indian citizens who want to go to abroad. Want fresh lawyer and accountant offered minimum salary for working under Sanjeev Punalekar one year salary will be deposited in trust accounts. I open office at  Worli Mumbai.

 

·         MY DUBAI STORY—

 

·         *DAYAL M. MANSUKHANI ALONE CRUSADER *

 

·         I WENT TO DUBAI IN AROUND MAY 1977. I AM A BUSSINESMAN MY BUSSIMESS IN DUBAI INCLUDES-Transportation, Cars selling and buying, Man Power supply- Whole sale Textile, and Financial support/Investor.

·         BESCO- It’s a Dubai Govt. Undertaking run by Dubai Labor Ministry. One Al Mullah is the Owner, who is in Business of Supplying Manpower from Asia and particularly from India.

·         Dubai Dry Dock is another such company managed by the Dubai Government.

·         One RAJ BERNARD is an Employee of BESCO holding a Managerial Capacity in BESCO.

·         I finance BESCO since 1995 to 1997 Dec. I financed around 3 Million Dhm. To this company. Out of which I recovered around 1.8 Million and the outstanding is around 1.2 Millions.

·         In December 1997 we have entered into New Agreement and BESCO issued me through Mr. Raj Bernard New Cheques for Balance amount. The balance amount was divided into 12 different Cheques, payable in installment.

·         All these 12 Cheques were returned dishonored at different time and period. Besides these 12 Cheques 2 other Cheques were issued drawn at Standard Chartered Bank with Bank guarantee, these two Cheques were also returned dishonored. ( all during the 8 months period)

·         All these Cheques were signed by Mr. Raj Bernard on behalf of BESCO.

·         Initially when the Cheques were returned dishonored I warn Mr. Raj Bernard on telephone.

·         I filed a criminal case in Feb 1998 in Dubai Court. For 2.23. Lakhs Dhm. The amount being of two Cheques. ( pending this case my other Cheques were also returned dishonored)

·         ( In UAE according to its law the place of issuance consideration is the place of filing of criminal complaint irrespective of the place of issuance of Cheques)

·         Accordingly I filed complained in Dubai, Sharjah, and Ajman.  Against Mr. Raj Bernard.

·         All these cases proceeded simultaneously in different courts.

·         The Dubai Court case concluded in July 1998. The court ordered and directed Mr. Bernard to pay me Cheques amount and he was fined for 2000 Dhm. This money was deposited in court which was latter on given to me.

·         In sharjah court the court directed the case to be transferred to Dubai court.

·         Similarly the Ajman court also taken similar view.

·         In mean time the accused was put in police custody for around 10 days.

·         Finally the Dubai court decided the cases so transferred to it and dismissed the case holding that I should file civil case.

·         I filed civil case in 2000, being case No. 183 of 2000 the civil court ordered in my favour around 6 lakhs dhr. Aggrieved by this ordered we both went in to appeal.

·         The appellate court dismissed my appeal and allowed the appeal of Mr. Raj Bernard.

·         I went to Supreme Court in 2005 my appeal in Supreme Court was also dismissed.*

·         I instructed my lawyer Mr. Bose to file civil case who following my instruction transferred theses cases to local lawyer.

·         Thus I filed civil case against Raj Bernard.*

·         In the mean time out of the two Cheques drawn at Standard Chartered Bank one Cheque returned dishonored, despite Bank assurance to Good Cheques. The Cheques returned with the remark refer to drawer. When I confronted with the officers of the Standard Chartered bank they told me that bank Guarantee Cheques have been discontinued, and there is some fraud in issuance of this Cheques some Bank Officers might be involved.

·         Subsequently the Standard Chartered bank dismissed its employee who has made endorsement on the Cheques.

·         I again represented the Cheques with the Bank this time the remark was alteration in Cheques.

·         On the third time of my presenting the Cheques the Bank remarked alteration in date.

·         I instructed my lawyer to issue notice to Standard Chartered Bank, he accordingly sent notice on 2/8/98 ( Lawyer All Kaleen )

·         On 5/8/98 the Standard Chartered Bank filed complaint against me with Dubai Police regarding Cheques No. 404976 ironically this Cheques was never presented with the Bank)

·         The police sent the said Cheques with the Forensic lab Dubai for investigation. Even in this matter thee is no reference o Cheques No. 4049776.

·         The lab submitted the report that the Cheques looks as of 1996, there were three dated on the Cheques put by Mr. Raj Bernard and two Bank officers.

·         The Dubai Police sent the matter to court.

·         The court fined me 2000 Dhm. I paid the penalty and demanded the Cheques back.

·         Since the Cheques was not returned to me I went to appeal court, the appeal court dismissed my appeal on fine part but directed to return the Cheques to me.

·         Against this order both myself and Mr. Raj Bernard went to Supreme Court where the humble court continued my fine but ordered to return the Cheques back to me.

·         In the mean time the other Cheques being chq No. 4049776 dated Oct 15 1998 matured and I presented the Cheques in Mashreq Bank, surprisingly the Standard Chartered bank without returning the Cheques to my Banker sent the Cheques to Dubai Police, which was informed to me by Mashreq Bank.

·         The Dubai Police ordered me o furnish bail Bond. And Cheques was sent to Forensic Lab.

·         In Feb 1999 the Forensic lab sent its report that there is no illegal alteration on the said Cheques.

·         The public prosecutor again sent the said Cheques for reexamination to the laboratory.

·         The second report of the Forensic lab again concluded that thee is no illegal alteration on the Cheques.

·         The public prosecutor directed the police to drop the case against me and return the Cheques to me. The Cheques was returned to me on 28/4/1999.

·         I presented the Cheques with the Banker on 29/4/99 the same returned dishonored on the ground that the cheque was out of limitation.

·         Thereafter I went to London before the Banking Ombudsman of Standard Chartered bank. I registered the complaint in around 2000 Sept. in Oct 2000 the Ombudsman rejected my complaint saying they do not have jurisdiction over the Dubai Bank.

·         I have not filed any legal proceedings for the recovery of the cheque amount.

·         In Jan 1999 Mr. Raj Bernard filed one case against me for recovery of 1 Million Dhm. The court ordered Mr. Raj Bernard to submit account with the court. He could not submit the account for nearly two years and as such the case was dismissed with costs.

·         Raj Bernard went to appeal against the dismissal order, the appeal court appointed 3rd auditor for taking account, incidentally I was also in Dubai during that period so I requested my lawyer to produce account from my side to the auditor, I also personally visited the office of the auditor but he did not entertain me saying he do not have time.

·         Since Aug 2002 I did not went to Dubai again.

·         The appeal was allowed and court directed me to pay Mr. Raj Bernard 1.1 Million Dhm. My lawyer could not produce counter account form my side.

·         As the audit done by the courts auditor was incorrect I directed my lawyer to file case against the auditor for submitting wrong account/audit.

·         My lawyer did not file the case nor did he return me the case papers so I could file a case personally.

·         There are many email correspondence between me and my lawyer.

·          I did not pay the 1.1 million and went to appeal in Supreme Court, the appeal was dismissed.

 

 

·         I WILL SHORTLY EXPOSE HOW INTERNATIONAL COMMERCIAL BANK * CHEATED ITS COSTOMERS

 

 

·         THE LEGAL NOTICE SENT TO MY ADVOCATE MR. BESCO---

 

 

·         PRS LEGAL

·         Advocates

·         315, Birya House,

·         Perin Nariman Street,

·         Bazargate, Fort,

·         Mumbai – 400 001.                                                

 

 

·         Date- 10th Sept 2006

 

·         To,

·         The Director/Partner

·         BESCO International.

·         Suite# 117,Block A,AJ Attar Centre,

·         Trade Centre Road, POB. 52113, Dubai, UAE.

 

·         Sirs,

 

·         Re- Legal Notice for recovery of outstanding dues payable to Mr. Dayal Mansukhani.

 

·         Under the instructions and on behalf of our clients Mr. Dayal M. Mansukhani having his address at Flat No. 19, Malkani Mahal, Dr. Annie Besant Road, Worli, Mumbai 400 030. we have to address you as under.

 

·         That you are aware that our clients have filed a civil as well as criminal case against you for the recovery of outstanding dues payable by you to our client.  The case also includes criminal case for dishonour of cheque issued by you towards to discharge of your legal liability. That you are also aware that out of the cheques you have issued to our clients two cheques were involved in controversy as there were allegation of alteration in the cheques.

·         That due to compelling circumstances our client was forced to leave Dubai and shift to Australia and thereafter to India. This has resulted into neglect of the cases filed by my client against you for the recovery of loan amount. It appears that you have taken advantage of this situation, by not fulfilling you legal obligation to pay our client the loaned amount with legal charges.

·         That you must be aware that initially the allegation of alteration on the Cheques were made by the Dubai Prosecution which was subsequently dropped against my client as after through investigation the Dubai Public Prosecution came to the conclusion that the our client has no role in the alteration in the Cheques if any as the alteration was done with the consent and express endorsement of the Bank Officers. The two Cheques were Bank guarantee Cheques and as such the Bank was duty bound to honor the same.

·         That our client feels that as he has no account with the  Standard Chartered Bank and Standard Chartered Bank has collaborated with you and cheated Our Client by issuing Cheques in favour of our client with Bank Guarantee. Our client believing on the cheque to be perfect parted with the money in your favour.

·         Please note that on 15/7/1998 when our client was intimated about the dishonor of Cheques despite Bank Guarantee our client immediately called Bank officers and informed them of similar cheques issued by you with Bank Guarantee endorsed by the officers of the Bank. The officers of the Standard Chartered Bank assured our client that they will look into the matter as there were some discrepancies in the cheques and certain officers of the Bank appeared to have conspired with you to issue such guaranteed cheques. In any case after through investigation the Dubai Police and the Prosecution discharged our client from any allegation and your liability to pay our client is still valid and subsisting. You cannot take advantage of the situation you have created in connivance with the certain Bank officers. You have  with the  help of court auditors, and Legal representatives of our client.

·         Please also note that our clients is exploring the possibilities of initiating legal proceedings against you in India as you have immobile property in India and you are a person of Indian Origin,  a criminal case for misappropriation of funds, cheating, breach of trust forgery can be filed against you in India.

·         That our client reserves his right to file appeal/ review petition and or curative petition to reopen the cases against you and bring the true and correct fact before the court of cassation. Our client also reserves his right to claim penal damages against you for putting my client to monetary losses, harassment, mental agony and loss of profit.

·         That by way of this final legal notice you are once again called upon to pay our client 1.5 Million Dhm. Within 15 days from the receipt hereof failing which our client shall be constrained to adopt legal action for the recovery of the above sum entirely at your risk as to costs and consequences.

 

·         Yours truly,

 

 

·         For P.R.S. Legal

·         Advocates

 

·         I WANT FRESH LAWYER FRESH CHARTERED ACCOUNTANT A WEB SITE DESIGNER A DOCUMENTARY MOVIES MAKER- TO WORK AS A TEAM TO FIGHT AGAINST INJUSTICE- HUMAN RIGHT VIOLATION-

·         I ASSURE GOOD SALARY TO THESE PERSONS- I WILL ALSO ASSURE VISA- AIR TICKET- ACCOMODATION- PERMANENT RESIDENCE STATUS IN ANY COUNTIRES-

·         PROVIDED THE EMPLOYEE EXECUTE A BOND FOR ATLEAST FIVE YEARS- HE CAN MAKE 50,00000/- INDIAN RUPEES IN FIVE YEARS I.E. RUPEES 10,00000/- PERYEAR.

·         CANDIDATE WILL BE TRAINED HERE BY PROFFESSIONAL-

·         TRAINING COST WILL BE BORNE BY ME- THE AREA OF OPERATION INCLUDES – LEGAL CONSULTANT, MEDICAL CONSULTANT, IMIGRATION CONSULTANCY, REAL ESTATE CONSULTANCY- EDUCATION, ETC.

·         FIRST PREFERENCE SHALL BE IN AUSTRALIA AND NEWSLEAND, WORK QUARANTEE-

·          

·         ***** SOMETHING ABOUT MY LITIGATION*********

 

 

 

·         AFFIDAVIT OF MR. DAYAL H. MANSUKHANI IN SUPPORT OF

·         HIS PETITIONS , APPLICATIONS AND SUBMISSIONS BEFORE

·         NATIONAL AND INTERNATIONAL COURTS & TRIBUNALS

·         INCLUDING  HUMAN RIGHTS’ BODIES ALL OVER  WORLD

 

·         I, Mr. Dayal H. Mansukhani, Indian adult, residing at Flat No.19, Malkani Mahal, Self-Help Cooperative Housing Society Ltd., 261, Dr. Annie Besant Road, Worli, Mumbai – 400 030, India state on oath as under:-

 

·         I am affirming this affidavit to place on record certain facts in a nut-shell for the information of various authorities in India as well as abroad and also the Human Rights bodies all over the world including organizations functioning under United Nations. This affidavit shall be relied upon by me as general affidavit not only in various legal proceedings but also in various representations and petitions that would be filed by me. I am personally aware of the facts averred herein and I am affirming this affidavit on the basis of experience actually undergone by me.

·         I am an Indian businessman who was in Dubai for 25 years with my wife viz. Mrs.Pooja Dayal Mansukhani and three children. All my children are major now. I was undertaking various businesses in Dubai wherein my wife was my active associate and partner and she was fully involved in business activities in Dubai. In 2002 we decided to migrate to Australia and accordingly obtained Business 457 Multi Visit 4 Year Visa for our family wherein my wife Mrs.Pooja Dayal Mansukhani was the applicant and rest of the members of the family were dependants.

·         We went to Australia with the fond hope that it is a democratic country and we would be in a position to prosper by making best use of our business talent and our investible funds. We had ambitious business plans and we shifted our entire wealth amounting to more than $ 2.5 Mio. to Australia.

·         When we reached Australia, we had a plan of establishing a Multi Million Kiosk project. We had confidence that by establishing hundreds of internet kiosks in hotels, motels and shopping complexes, we would be able to generate income of atleast $ 1 Mio. every year for an initial period of 3-4  years and this income would keep on multiplying in future years. We also had plan of taking up property development business. Accordingly we acquired a commercial property on 31st May, 2002 in Molendinar in Gold Coast in the State of Queensland. The purchase price of the property was $ 1.17 Mio. and it had annual rental value of more than $ 0.16 Mio. An Australian bank viz. Suncorp Metway Ltd. extended finance to the tune of $ 0.90 Mio. which was repayable in a period of 10 years @ 0.12 Mio. p.a. I say that the decision to purchase the property at Molendinar reflected business wisdom and acumen of our family for the sole reason that the bank loan was of a self-liquidating nature from a part of annual rent whereby the loan would be closed in 10 years and the property would be fully owned by us with only initial margin provided by us. We also had plans to take up redevelopment of the property since huge plot of land was available and tenanted building formed only a part of the property.

·         I say that there is a nexus in Queensland amongst the property dealers, solicitors, and judicial officers due to which a foreigner in Queensland faces a very serious problem as soon as he buys any property. The population of Queensland is around 12 Mio. and there is a boom in prices of real estate mainly due to foreign investment. Queensland is a tourist place visited by millions of foreign tourists. It is also inhabited largely by students from all over the world including students from India. Due to tourism and heavy publicity, investors from all over the world are also coming Australia for investing in Real Estate. When any overseas investor begins his business enquiries, he receives tall promises and a very optimistic approach from local real estate agents and solicitors. Such investor gets lot of encouraging responses by explaining to him lucrative return on investment, lower bank rate, assured income from tenants, etc. However the investor is not informed about a number of shortcomings.

·         After I purchased the property and found that the tenants were misusing the same, I initiated legal proceedings against the tenants. Unfortunately, the local solicitors who are in the habit of hatching conspiracies against overseas investors and finally selling off their properties so as to share their own booty deliberately sabotaged my litigation.  These solicitors also left me in lurch with regard to my dispute with an Australian landlord in respect of my internet business.  Finally while I went on receiving setbacks in my cases against my own tenants, my own landlord – even though large surplus amounts paid by me were lying with him- succeeded in obtaining favourable court orders against me.  I was running an internet café wherein the cost of computers and equipments was more than  $ 3,00,000/- . Due to pressures from the landlord, I decided to shift to another premises and sold off the internet business for just a sum of $ 51,111/-.  The local solicitors conspired with the buyer and filed damage suit against my wife’s company and my wife even though both of them were not involved in the dispute in any manner.

·         I realized that there was a clear conspiracy between the local solicitors, estate agents, police authorities and the courts of law.  The economy of Queensland is thriving on the income on real estate. The auction of investors’ properties is a routine feature in the place.  Legal advice and litigation is very costly.  Nobody is interested in giving justice to overseas investor.  On the contrary, once the investor brings in his fund and makes and investment, everyone is interested to get him declared bankrupt and auction his property. The investment brought in by him adds to the wealth of Queensland.  In the process, there are several rounds of litigation and several rounds of action.  Both real estate agents and solicitors become richer and richer.  They share their gains with the judges.  Naturally, the judges are biased in their favour and always give adverse judgements against overseas investors.  I was victim of this situation.

·         Even though the dispute was between myself and buyer of internet business, the District Court of Southport went on issuing orders such as Mareva order against the property of our family trust (wherein my wife’s company Good Luck Holdings Pty Ltd was a trustee), ordering costs against all defendants including the company etc.  Finally taking advantage of the fact that my wife was then out of Australia, a liquidation petition was brought against her company for a petty sum of $ 7000/- at a time when the balance in bank accounts of the company was more than $ 17,000/-.  When I appeared before Judge Ms. Margaret White of the Supreme Court of Queensland and volunteered to make payment of the amount involved in the petition, she simply rejected my pleas and ordered winding up of the company.

·         GoodLuck Holdings Pty Ltd. was ordered to be liquidated on 31st October, 2005 . This company was the Trustee of GoodLuck Trust which held immovable property worth $ 7-8 Mio. in Molendinar area of Gold Coast. The Court had appointed two persons to act as Liquidators viz. MR. JOHN RICHARD PARK AND MR. LACHLAN STUART MCINTOSH . These two persons are accountant and are partners in the top Accountant Firm viz. Korda Mentha in Queensland which engages more than 50% of the solicitors in Brisbane . Every alternate solicitor in Brisbane has received fat fees from this firm at some or the other time in his careers (The beneficiaries include judges since judges also are solicitors before their appointment as judges).  Naturally, the solicitors lobby is fully with Korda Mentha and they also influence the judges.  No judge would dare to give judgement where Korda Mentha is to be adversely affected.

·         Every year, individual partners of Korda Mentha sell out thousands of properties  in auction.  This brings in large income to the real estate agents as well.  Similarly there are malpractices in sale since in all cases the victim is overseas investor who is unable to fight out due to the nexus between judiciary, Korda Mentha, local solicitors and estate agents.

·         Taking advantage of various handicaps faced by us, the Liquidators obtained orders from the Supreme Court on 13th January, 2006 to appoint themselves as Receivers of the property of the Trust and to sell and realize the assets of the Trust. At that time, we were in India and we sought adjournment since I was undergoing treatment for my heart ailment.  I had three heart attacks in my life and I have also undergone a by-pass surgery.  Unmindful of these woes, the liquidators refused to agree for adjournment and went ahead with the case to obtain orders to sell off the property.

·         Tenders were closed on 11th May, 2006 . As per the Supreme Court’s order dated 13th January, 2006 , the Receivers (Liquidators) were required to give a notice of 7 days to my wife viz. Mrs.Pooja Dayal Mansukhani (who was the appointer of GoodLuck Trust) before entering into any sale contract. The Receivers did not give any notice of 7 days. My wife Mrs.Pooja Dayal Mansukhani was repeatedly reminding the Receivers that they should give 7 days” notice to her so that she can take steps to safeguard the property from sale. However, in violation of the court’s orders, the Receivers refused to give 7 days’ notice.

·         There was a loan of $0.7 Mio. against the property from Suncorp Metway Ltd. of which I was the guarantor. On 16th May, 2006 I repaid this loan and entered the position of first mortgagee of Molendinar property under the right of subrogation. Thereafter I notified the Receivers that I am objecting to the sale of the property. My daughter Ms. Deena Dayal Mansukhani had brought a number of buyers for the property for an amount as high as $ 8 Mio. However, the Receivers discouraged every buyer and did not accept any such offers.

·         While communicating the decision of the Supreme Court, the Receivers had informed us that vide letter dated 13th April, 2006 they would be selling the Molendinar property by tender and the tender would close on 27th April, 2006. My daughter commenced correspondence with the Receivers and advised them that our children would like to raise funds and approach the Supreme Court with an appropriate proposal so that sale of the valuable property at Molendinar can be avoided. A series of emails were exchanged between my daughter and the Receivers wherein documentary proof was furnished to the Receivers about the fact that a balance of more than $ 1.6 Mio. was lying with Australian Bank viz. Suncorp Metway Ltd. My daughter expressed willingness that the entire liability of Suncorp Metway Ltd. which was first mortgagee of the property to the tune of $ 6,83,000 would be closed and the amount of entire claim of Dr.Thamir Karam (i.e. the buyer of my internet business who had obtained liquidation orders against my wife’s company) would be deposited either in the court of with the Receivers. She invited the attention of the Receivers to the fact that Dr.Thamir Karam was not the creditor of the Trust. He had obtained a judgement against GoodLuck Holdings Pty Ltd. and there was no reason to sell the property of GoodLuck Trust unless judgement related to GoodLuck Trust. Nevertheless, she expressed willingness to deposit the entire claim of Dr.Thamir Karam so that it can be left to the Supreme Court to decide whether Dr.Thamir Karam was a creditor of the Trust or whether he was a creditor only of the company. At this juncture, the Receivers came forward with a strange condition that for such a proposal, consent of Dr.Thamir Karam was required to be obtained by my daughter. Dr.Thamir Karam was never a creditor of the Trust. He had only tried to arm-twist the Mansukhani family by creating threats for the property at Molendinar. If we had approached him for his consent, there would not be any chance of his giving consent without our agreeing to make full payment of his claim. He was an interested party having a direct clash of interest with the beneficiaries of the Trust. It was unbecoming on the part of the Receivers in their capacity as Officers of the court, stipulating such a condition. Even if the Receivers had sold the property, they would still have to obtain direction from the Supreme Court whether Dr.Thamir Karam was creditor of the company or creditor of the Trust. Instead of making them to wait for the sale of the property and seek clarifications from the Supreme Court, they were making the process easy by deposing the amount immediately so that the Supreme Court can quickly dispose off the claim of Dr.Thamir Karam. In any case, Dr.Thamir Karam had to satisfy the Supreme Court and he was not concerned whether the amount deposited into the Supreme Court came from out of the sale proceeds of the property or from deposits made by the beneficiaries of the Trust. However, if his consent was made a pre-condition, then he would give unnecessary importance and locus standi whereby he would bring undue pressure on us to settle his illegitimate claim against the Trust, even though he was not at all creditor of the Trust. My daughter pointed out this position to the Receivers and made several pleas that consent of Dr.Thamir Karam should not be made a pre-condition as no prejudice was caused by the proposal to Dr.Thamir Karam. Even then the Receivers refused to change their stand and insisted that consent of Dr.Thamir Karam was compulsory. We intended to deposit full amount in the court so that the sale of the property could be avoided. We requested Suncorp Metway Ltd. to act as our Trustee, engage a lawyer for us and deposit the entire amount into the court so that the sale of the property could be stopped. We also requested the office of Public Trustee (which is a statutory office in Queensland) to act as our Trustee. However, both Suncorp Metway Ltd. and the Public Trustee refused to act as our Trustee. Thereafter we informed the Liquidators (Receivers) that we shall deposit the entire amount with the Receivers only. The Receivers again refused and insisted that consent of Dr.Thamir Karam was necessary. This left us with no option but to directly approach the Supreme Court. We were completely confused and helpless as to why the  Liquidators were pent upon selling our property. We forwarded our application to the Supreme Court directly wherein we showed our willingness to deposit the entire amount mentioned by the Liquidators in their first affidavit and we attached our bank statement to our application to show that we were really holding balance for making deposit.

·         On 10th May, 2006, the Supreme Court heard our application. We informed the court that we were making on the spot payment to the Liquidators/ Receivers and our request was only to stop the sale. However, the Supreme Court heard elaborate arguments for nearly half an hour wherein we time and again mentioned that we were ready to deposit the amount on the spot without any conditions and our only request was to stop the sale. The court however, rejected our application at the end on the only ground that the leave was not granted to Mr.Sanjiv G.Punalekar to appear for Dayal & Sons International Investors Pty Ltd. and that the court wanted us to engage only an Australian solicitor. I say that the court first allowed Mr.Sanjiv G.Punalekar to put all his arguments and when all his arguments were exhausted when the court was convinced that the sale was illegal and the Receivers had some personal interest in the sale, the court rejected the application not on merits but on technical grounds that an Australian solicitor should have represented Dayal & Sons International Investors Pty Ltd.

·         At this juncture, Mr.Sanjiv G.Punalekar even volunteered that he will re-submit the application through an Australian solicitor within a short time and his only request was to accept the payment on the sport to stop the sale till a fresh application can be made. Even then the request was rejected. All these events are duly recorded in the transcripts of hearing held on 10th May, 2006 before the Supreme Court Judge Mr.Chesterman J. He immediately engaged an Australian Solicitor and started taking steps to safeguard our interest to the extent possible. First of all, I repaid the entire debt of Suncorp Metway Ltd. amounting to $712,000 from out of the funds given by Dayal & Sons International Investors Pty Ltd. Thereafter, I became the first mortgagee of GoodLuck Trust by virtue of right of subrogation as guarantor. A notice was given to the Receivers that as first mortgagee, I was objecting to the sale. In the meantime, the date for closure of tender was extended by the Receivers upto 11th May, 2006. Hence the appointer of the Trust viz. Mrs.Pooja Dayal Mansukhani issued a notice to the Receivers on 15th May, 2006 reminding the Receivers about their duty to give 7 days’ notice before entering into any sale contract. Strangely the Receivers responded by stating that they would not be giving any notice. In the meanwhile, my daughter had submitted a number of sale offers to the agents of the Receivers, including an offer as high as $8 Mio. However, in some or the other pretext, the Receivers chased away these prospective buyers. I am having copies of correspondences made by these prospective buyers and the manner in which the Receivers deliberately discouraged these prospective buyers from submitting their bids. As the Receivers were refusing to divulge any details about the sale offers received by them and about their intentions of entering into sale contract, my daughter made an offer to buy the property for $ 4 Mio. and in the alternative to take the property on 25 years’ lease at lease rent of $ 2,50,000 per year. She in fact forwarded the bank cheque of $ 2,50,000 to the Receivers in advance alongwith proof of readings of another cheque for $ 1,50,000 thereby making 10% of total sale offer of $ 4 Mio. Thus the Liquidators were given two options. Surprisingly, at this juncture, the Liquidators came forward with the truth that before the period of 7 days could complete, from the date of closure of tender, they had agreed to sell the property to a company called M/s. Heday Pty Ltd. for just $ 2.7 Mio. by accepting down payment of only $ 10,000 and they had also increased the period for payment from 30 days to 60 days. Thus the Liquidators had sold the property by private sale at a throwaway price behind our back and without giving 7 days’ notice to us while turning down better offer for $ 8 Mio.

·         While discouraging the offer for $ 8 Mio., the Receivers had given in writing that the prospective buyer need not be present in Australia and acceptance of offers will only be on the basis of Written offers without any negotiation or discussion. However, in reality, they held negotiations with M/s.Heday Pty Ltd. in a clientele manner and sold our property at a throwaway price.

·         The property was allegedly sold on 18th May, 2006. However, when we repaid the loan of Suncorp Metway Ltd., Suncorp Metway Ltd. informed us two days in advance i.e. on 16th May, 2006 itself that the contract for sale was executed by the Receivers. This was definitely suspicious and fishy.

·         When my daughter wanted one day’s time from the Receivers so that the prospective buyer for $ 8 Mio. would reach Australia and negotiate with the Receivers, the Receivers informed in writing that there was no need for anybody to be present and that they would accept the sale offer on the basis of written tenders only. The terms of tender were - payment of 10% as advance and balance 90% to be paid within 30 days. When the Receivers were not responding to us in any manner, my daughter tendered advance of $ 4,00,000 and made an offer for $ 4 Mio. She also made alternate offer of 25 years’ lease @ $ 2,50,000 per year so that while generating income of$ 6.25 Mio., the property ownership would still remain intact with the Trust. It is pertinent to note that there was only one claimant against the Trustee Company (Here again the claim was against the company and not against the Trust) for a sum of only $ 112,000.

·         On 18th May, 2006 , the Receivers revealed the truth to us for the first time that they had sold the property by private sale. One M/s. Heday Pty Ltd. had made down payment of only $ 10,000 and made an offer for only $2.7 Mio. Secondly, as against the period of 30 days, 60 days time was given to Heday Pty. Ltd. Thus the Receivers had committed a number of irregularities. 

·         We were surprised about the manner which the Receivers had sold the property at a throwaway price. It was necessary for us to stop the sale, hence we had no option but to go before the Supreme Court. Accordingly, an application was filed on behalf of my daughter Ms.Deena Dayal Mansukhani. This application was heard by Judge Ms.White on 5th June, 2006 . In this application, we had pointed out various following irregularities on the part of Receivers.

·         I appeared in person alongwith my Indian lawyer Mr.Sanjiv G.Puanlekar. All the documents were submitted before the Supreme Court on affidavit. The application was signed by me in my capacity as power of attorney holder. I also stated on affidavit that my daughter Ms.Deena Dayal Mansukhani did not have valid Visa after expiry of previous 4 Year Visa in February, 2006. I had also submitted the detailed outline of written submissions pointing out the various grave irregularities committed by the Receivers.

·         It is pertinent to note that both the Receivers were partners of a Chartered  Accountant Firm viz. Korda Mentha which was also in the activity of Real Estate Advisory business and hence the Receivers had personal vested interest in selling the property at a throwaway price. There was clear fraud committed by the Receivers against the Mansukhani family. We are Indians and our Visa had expired. In May 2006 One Year Business Visa was given to me and my Indian Lawyer Mr.Sanjiv G.Punalekar only for the specific reason of fighting out our legal cases.

·         Judge Ms. Margaret White heard our application on 5th June, 2006 .  This very same judge had ordered the liquidation of the company (Good Luck Holdings Pty Ltd) on 31st October 2005 . Still we went to the Court Room with the fond hope that we would get justice. We did not expect the Receivers to take a cooperative stand. This is because we had exposed various irregularities on the part of Receivers. We had also made complaint against the Receivers to Crime & Misconduct Commission and a copy of our complaint was tendered to the Supreme Court on Affidavit. Thus documentary proof was available before the Judge Ms. White whereby she fully knew that the Receivers had engaged the following irregularities.

·         They sold our property at a throwaway price. (i.e. $ 2.7 mio as against an offer of $ 8 Mio)

·         They made private sale in a secretive and clandestine manner.

·         They increased the period of payment from 30 days to 60 days.

·         Instead of down payment of $ 2,70,000, they accepted down payment of a paltry sum of $ 10,000.

·         Suncorp Metway Ltd. was knowing about the deal on 16th May, 2006 , when the deal was signed on 18th May, 2006 .  (We had a written confirmation from Suncorp to this effect which we appended to our affidavit)

·         They turned down the offer of $ 8 Mio. by giving in writing that nobody’s presence was required for negotiation whereas this particular sale was private sale through negotiation. Thus a buyer with an offer of $ 8 Mio. was chased away for undue benefit of another buyer with an offer of $ 2.7 Mio.

·         My own daughter’s proposal with two options of outright sale of $ 4 Mio. and alternate offer of lease with assured income of $ 6.25 Mio. were rejected. Only after our making such offers the Liquidators/Receivers told us the truth about the fraudulent sale conducted by them.

 

·         When hearing commenced on 5th June 2006 before Judge Ms. White, The Liquidators’ lawyer did not go into the merits of the case. They objected to my presence into the Court Room. They produced a judgement of the court whereby appearance of a litigant through non-lawyer was a matter of discretion of the court. The Judge Ms. White decided to accept the contention of Solicitors of Liquidators. She made it clear to me that she would not hear my application. At this stage I pleaded and begged that my daughter did not have any Visa. If my daughter was given Visa, she would have come. I also brought to her the notice that if I was not given any audience, I had no difficulty at all. Least what I expected from her was to read the papers on record and to take decision on merit.  The validity of power of attorney in my favour was not in dispute.  The application was accepted by the Registry. It is common that legal documents including petitions can be filed on the basis of power of attorney.  If my behaviour or mannerisms were disliked, I would not have opened my mouth.  What I wanted was that the application should have been decided on merits particularly when such a serious fraud was committed.

·         The previous judgement/ case-law produced by the Solicitors of the Liquidators was about personal appearance and personal audience and even in that particular judgement, though the court disallowed personal audience to third party, the court had in fact decided the case on the basis of documents on record. However for reasons best known to Ms. White, she went one step ahead even to throw away the papers that I had filed.

·         I am holding the transcripts of the hearing which shows that the Judge Ms. White took a very long time to read my application. She read every bit of paper and she came to know that it was a clear case wherein the Receivers who were locals of Australia and who were white by race were committing heinous crime against the Indian family. She read the papers completely and then she decided to reject my application on the grounds raised by the Liquidators.

·         The said Judge Ms. White did not stop only at taking technical stand but she went ahead to express venom and vengeance against me personally by adding her personal knowledge into the issue. Previously, when the company was liquidated on 31st October, 2005 , this very same Judge Ms .White had heard my matter in the court and a winding up order was passed for a sum of $ 7,000 even though I had personally volunteered to deposit the amount into the court on the very same day i.e. 31st October, 2005 . At that time our company’s bank balance was more than $ 17,000. Nevertheless at that point of time the Judge Ms. White had rejected my plea to deposit $17,000.

·         While pronouncing her judgement on 5th June, 2006 , Ms. White imported her personal knowledge and personal prejudice into her judgement and she made reference to my previous appearances before her. This clearly showed that she was prejudiced and she had personal hatred against me. She read the papers and specifically inquired as to who drafted the same. The Indian lawyer accompanying me explained that the drafting was done by him. This fact is recorded in the transcript.  Thus Ms. White was aware that the papers were duly drafted and there was no harm in taking a decision on the basis of documents.  However, when she realized that action would be warranted against white persons for a crime against an Asian, she decided to take an extreme stand and hush up the matter. If the transcript is carefully heard, you will realize that Ms. White took a long time to read my papers and after reading my papers, she decided to throw her weight behind the Liquidators who belong to her race. Before that she did inquire about who drafted my papers.  While doing so, she could not control herself and went on recording some previous personal experiences which was not even on the records of the court. Thus Ms. White acted with vengeance, prejudice and with a feeling of racial discrimination.

·         I am not an educated person and may be that I have sometimes lacked in my mannerism and my language. However, this is not the reason to victimize my whole family to sell our property of $ 8 Mio. for a paltry sum of $ 2.7 Mio. Ms. White clearly acted with a feeling of racial discrimination against me. In Australia there is a system of recording the transcripts. Naturally, she had her own limitations in making racial remarks against me. But what is important is her conduct which was racial.

·         My Indian lawyer Mr. Sanjiv G. Punalekar would also testify as my witness. He edits a magazine named “Civil Liberties”, which is registered as a newspaper with the Registrar of Newspapers in India . He successfully fought various public interest litigations in India . The website search of www.google.com with the words “Punalekar” would reveal his Public Interest Litigations (PIL) in India and his contribution to the Human Rights activities in India . When I requested the Judge Ms. White to allow him to act as my Mckanzy friend, she refused. He was a witness to the whole drama and has also seen the expressions of contempt which she showed towards me while throwing out the legitimate application filed by me as a power of attorney holder for my daughter. Mr. Punalekar is my witness who has seen her contemptuous expressions and manner in which she ill-treated me. This is also substantiated by additional import of facts by Ms. White into her judgement. On one hand Ms. White threw out my application on technical grounds and on the other hand she went on making personal remarks against me which were irrelevant to the issues of the case.  It is necessary to curb such tendencies.  

·         The Liquidators viz. JOHN RICHARD PARK AND LACHLAN STUART MCINTOSH committed a number of irregularities which should have been punished by the judiciary.  Some of these irregularities are as follows:

o       The Liquidators’ refusal to give 7 days’ notice in violation of Supreme Court orders.

o       The Liquidators’ action of selling the property even before 7 days were completed from the date of closure of tender.

o       Suncorp Metway Ltd. having knowledge in advance i.e. on 16th May, 2006, when the contract was entered on 18th May, 2006.

o       Acceptance of down payment of only $ 10,000 as against the application to reject the tender where down payment was less than 10%.

o       Extension of time period from 30 days to 60 days.

o       Turning down better offer of $ 8 Mio.

o       Turning down offers of my daughter for 25 years’ lease generating income of $ 6.25 Mio. per year by keeping the property ownership intact with the Trust.

o       Declining my daughter’s proposal for $ 4 Mio. when down payment of $ 4,00,000 was already made.

·         Today I have been denied justice.  However, I am not going to keep silent.  I shall knock the doors of the Human Rights Bodies all over the world and shall seek justice. I am in the process of making a documentary film on my plight. I am also arranging to put up a website depicting this grave injustice. When Idi Amin of Uganda did similar things to investors from Europe, he was declared to be a violator of human rights.  The question that I would raise would be –“ Is this logic applicable only to Uganda or would it apply to Australia as well?”  I shall keep on raising this issue till I get justice.

·         Solemnly affirmed on this __ day of August 2006 at Mumbai

 

·         Advocate for the Petitioner                                                   Deponent

 

 

·          DAYAL H. MANSUKHANI
Flat No.19, Malkani Mahal, Self-Help Co-operative Housing Society,
261, Dr.Annie Besant Road, Worli, Mumbai – 400 030 (India).
(Phone/ Fax – 0091-22-24384011); Email: mansukhani48@yahoo.com
Date : 6th August, 2006
To,
Discrimination Commissioner,
Human Rights & Equal Opportunity Commission,
Australia
 
Sub.:    Complaint against Ms.White, Judge of Supreme Court of Queensland, who has acted
in unjust and unfair manner on the basis of racial considerations.
 
Sirs,
 
I, Mr. Dayal H.Mansukhani, Indian adult, residing at Flat No.19, Malkani Mahal, Self-Help Co-operative Housing Society, 261, Dr.Annie Besant Road, Worli, Mumbai – 400 030 (India), make the following submissions:-

·         
My personal details are as follows:-
 
Name                           :           Mr.Dayal H.Mansukhani
Address                       :           Flat No.19, Malkani Mahal,
                                                Self-Help Cooperative Housing Society,
                                                261, Dr.Annie Besant Road, Worli,
                                                Mumbai – 400 030.
 
Nationality                    :           Indian.
 
Age                              :           57 years.
 
Name of the person
complained against        :           Ms. White, Judge of Supreme Court of Queensland.
 
When the incident
occurred                       :           5th June, 2006.
                                                (I also had previous unpleasant experience with the same
                                                person on 31st October, 2005).
 
Brief Background of the incident:-
 
·        GoodLuck Holdings Pty Ltd. was ordered to be liquidated on 31st October, 2005. This company was the Trustee of GoodLuck Trust which held immovable property worth $ 7-8 Mio. in Molendinar area of Gold Coast. The Liquidators appointed by the Court, obtained orders from the Supreme Court on 13th January, 2006 to appoint themselves as Receivers of the property of the Trust and to sell and realise the assets of the Trust. Tenders were closed on 11th May, 2006. As per the Supreme Court’s order dated 13th January, 2006, the Receivers (Liquidators) were required to give a notice of 7 days to my wife viz. Mrs.Pooja Dayal Mansukhani (who was the appointer of GoodLuck Trust) before entering into any sale contract. The Receivers did not give any notice of 7 days. My wife Mrs.Pooja Dayal Mansukhani was repeatedly reminding the Receivers that they should give 7 days” notice to her so that she can take steps to safeguard the property from sale. However, in violation of the court’s orders, the Receivers refused to give 7 days’ notice. There was a loan of $0.7 Mio. against the property from Suncorp Metway Ltd. of which I was the guarantor. On 16th May, 2006 I repaid this loan and entered the position of first mortgagee of Molendinar property under the right of subrogation. Thereafter I notified the Receivers that I am objecting to the sale of the property. My daughter Ms. Deena Dayal Mansukhani had brought a number of buyers for the property for an amount as high as $ 8 Mio. However, the Receivers discouraged every buyer and did not accept any such offers. When my daughter wanted one day’s time from the Receivers so that the prospective buyer for $ 8 Mio. would reach Australia and negotiate with the Receivers, the Receivers informed in writing that there was no need for anybody to be present and that they would accept the sale offer on the basis of written tenders only. The terms of tender were - payment of 10% as advance and balance 90% to be paid within 30 days. When the Receivers were not responding to us in any manner, my daughter tendered advance of $ 4,00,000 and made an offer for $ 4 Mio. She also made alternate offer of 25 years’ lease @ $ 2,50,000 per year so that while generating income of$ 6.25 Mio., the property ownership would still remain intact with the Trust. It is pertinent to note that there was only one claimant against the Trustee Company (Here again the claim was against the company and not against the Trust) for a sum of only $ 112,000.

·          ·        On 18th May, 2006, the Receivers revealed the truth that they had sold the property by private sale. One M/s. Heday Pty Ltd. had made down payment of only $ 10,000 and made an offer for only $2.7 Mio. Secondly, as against the period of 30 days, 60 days time was given to Heday Pty. Ltd. Thus the Receivers had committed a number of irregularities.  There are narrated in the subsequent paragraphs of this complaint

·          ·        We were surprised about the manner which the Receivers had sold the property at a throwaway price. It was necessary for us to stop the sale, hence we had no option but to go before the Supreme Court. Accordingly, an application was filed on behalf of my daughter Ms.Deena Dayal Mansukhani. This application was heard by Judge Ms.White on 5th June, 2006. In this application, we had pointed out the following irregularities on the part of Receivers.

·          ·        I appeared in person alongwith my Indian lawyer Mr.Sanjiv G.Puanlekar. All the documents were submitted before the Supreme Court on affidavit. The application was signed by me in my capacity as power of attorney holder. I also stated on affidavit that my daughter Ms.Deena Dayal Mansukhani did not have valid Visa after expiry of previous 4 Year Visa in February, 2006. I had also submitted the detailed outline of written submissions pointing out the various grave irregularities committed by the Receivers.

·          ·        It is pertinent to note that both the Receivers were partners of a Chartered  Accountant Firm viz. Korda Mentha which was also in the activity of Real Estate Advisory business and hence the Receivers had personal vested interest in selling the property at a throwaway price. There was clear fraud committed by the Receivers against the Mansukhani family. We are Indians and our Visa had expired. In May 2006 One Year Business Visa was given to me and my Indian Lawyer Mr.Sanjiv G.Punalekar only for the specific reason of fighting out our legal cases.

·         
When Judge Ms.White heard our application on 5th June, 2006, we went to the Court Room with the fond hope that we would get justice. We did not expect the Receivers to take a cooperative stand. This is because we had exposed various irregularities on the part of Receivers. We had also made complaint against the Receivers to Crime & Misconduct Commission and a copy of our complaint was tendered to the Supreme Court on Affidavit. Thus documentary proof was available before the Judge Ms.White whereby she fully knew that the Receivers had engaged the following irregularities.

·         
a)      They sold our property at a throwaway price. (i.e. $ 2.7 mio as against an offer of $ 8 Mio)
b)      They made private sale in a secretive and clandestine manner.
c)      They increased the period of payment from 30 days to 60 days.
d)      Instead of down payment of $ 2,70,000, they accepted down payment of a paltry sum of $ 10,000.
e)      Suncorp Metway Ltd. was knowing about the deal on 16th May, 2006, when the deal was signed on 18th May, 2006.  (We had a written confirmation from Suncorp to this effect which we appended to our affidavit)

·          They turned down the offer of $ 8 Mio. by giving in writing that nobody’s presence was required for negotiation whereas this particular sale was private sale through negotiation. Thus a buyer with an offer of $ 8 Mio. was chased away for undue benefit of another buyer with an offer of $ 2.7 Mio.

·          My own daughter’s proposal with two options of outright sale of $ 4 Mio. and alternate offer of lease with assured income of $ 6.25 Mio. were rejected. Only after our making such offers the Liquidators/Receivers told us the truth about the fraudulent sale conducted by them.

·         
 
When hearing commenced on 5th June 2006 before Judge Ms. White, The Liquidators’ lawyer did not go into the merits of the case. They objected to my presence into the Court Room. They produced a judgement of the court whereby appearance of a litigant through non-lawyer was a matter of discretion of the court. The Judge Ms. White decided to accept the contention of Solicitors of Liquidators. She made it clear to me that she would not hear my application. At this stage I pleaded and begged that my daughter did not have any Visa. If my daughter was given Visa, she would have come. I also brought to her the notice that if I was not given any audience, I had no difficulty at all. Least what I expected from her was to read the papers on record and to take decision on merit.  The validity of power of attorney in my favour was not in dispute.  The application was accepted by the Registry. It is common that legal documents including petitions can be filed on the basis of power of attorney.  If my behaviour or mannerisms were disliked, I would not have opened my mouth.  What I wanted was that the application should have been decided on merits particularly when such a serious fraud was committed. 

·          ·        The previous judgement/ case-law produced by the Solicitors of the Liquidators was about personal appearance and personal audience and even in that particular judgement, though the court disallowed personal audience to third party, the court had in fact decided the case on the basis of documents on record. However for reasons best known to Ms. White, she went one step ahead even to throw away the papers that I had filed.

·          ·        I am holding the transcripts of the hearing which shows that the Judge Ms. White took a very long time to read my application. She read every bit of paper and she came to know that it was a clear case wherein the Receivers who were locals of Australia and who were white by race were committing heinous crime against the Indian family. She read the papers completely and then she decided to reject my application on the grounds raised by the Liquidators.

·          ·        The said Judge Ms. White did not stop only at taking technical stand but she went ahead to express venom and vengeance against me personally by adding her personal knowledge into the issue. Previously, when the company was liquidated on 31st October, 2005, this very same Judge Ms .White had heard my matter in the court and a winding up order was passed for a sum of $ 7,000 even though I had personally volunteered to deposit the amount into the court on the very same day i.e. 31st October, 2005. At that time our company’s bank balance was more than $ 17,000. Nevertheless at that point of time the Judge Ms. White had rejected my plea to deposit $17,000.

·          ·        While pronouncing her judgement on 5th June, 2006, Ms. White imported her personal knowledge and personal prejudice into her judgement and she made reference to my previous appearances before her. This clearly showed that she was prejudiced and she had personal hatred against me.

·          ·        She read the papers and specifically inquired as to who drafted the same. The Indian lawyer accompanying me explained that the drafting was done by him. This fact is recorded in the transcript.  Thus Ms. White was aware that the papers were duly drafted and there was no harm in taking a decision on the basis of documents.  However, when she realized that action would be warranted against white persons for a crime against an Asian, she decided to take an extreme stand and hush up the matter.

·          ·        The transcripts of the hearing held on 5th June, 2006 would not show any particular utterance against me as a person of Indian race. However, if the transcript is carefully heard, you will realize that Ms. White took a long time to read my papers and after reading my papers, she decided to throw her weight behind the Liquidators who belong to her race. Before that she did inquire about who drafted my papers.  While doing so, she could not control herself and went on recording some previous personal experiences which was not even on the records of the court. Thus Ms. White acted with vengeance, prejudice and with a feeling of racial discrimination.

·          ·        Sir, I am not an educated person and may be that I have sometimes lacked in my mannerism and my language. However, this is not the reason to victimize my whole family to sell our property of $ 8 Mio. for a paltry sum of $ 2.7 Mio. Ms. White clearly acted with a feeling of racial discrimination against me. In Australia there is a system of recording the transcripts. Naturally, she had her own limitations in making racial remarks against me. But what is important is her conduct which was racial. I am ready to provide you with any data, including a copy of the transcript, as also a copy of the application, affidavit and written arguments, alongwith a copy of my complaint to the Crime & Misconduct Commission against the Receivers.

·         
My Indian lawyer Mr. Sanjiv G. Punalekar would also testify as my witness. He edits a magazine named “Civil Liberties”, which is registered as a newspaper with the Registrar of Newspapers in India. He successfully fought various public interest litigations in India. The website search of www.google.com <http://www.google.com/>  with the words “Punalekar” would reveal his Public Interest Litigations (PIL) in India and his contribution to the Human Rights activities in India. When I requested the Judge Ms. White to allow him to act as my Mckanzy friend, she refused. He was a witness to the whole drama and has also seen the expressions of contempt which she showed towards me while throwing out the legitimate application filed by me as a power of attorney holder for my daughter.

·          A racial behaviour is not only done by words but also by action and __expression. Mr. Punalekar is my witness who has seen her contemptuous expressions and manner in which she ill-treated me. This is also substantiated by additional import of facts by Ms. White into her judgement. On one hand Ms. White threw out my application on technical grounds and on the other hand she went on making personal remarks against me which were irrelevant to the issues of the case.  It is necessary to curb such tendencies.

·          Australia is a multi-cultural country and is always fondly pronouncing its multi-cultural legacy. I request you to initiate action against the Judge Ms. White for racial behaviour and order enquiry into the whole episode.

·          I look forward to you for your quick action. I shall wait for a period of 15 days till I knock the doors of International forums, including UN bodies.

·          Should you require any details from my lawyer Mr. Sanjiv Punalekar, he is available on e-mail address punalekar@hotmail.com <mailto:punalekar@hotmail.com>

·         
Thanking you,
 
Yours faithfully,              
DAYAL H. MANSUKHANI

·          Dear Mr Mansukhani

·          I refer to your email received by this Commission on 7 August 2006 in which you raise concerns regarding your daughter's case which was heard before the Hon Justice Margaret White at the Supreme Court of Queensland. You claim that Justice White behaved in a racist manner in her actions and expressions towards you and that this affected her judgement of the case.

·          I appreciate the time you have taken to bring this matter to our attention. The Director of Complaint Handling has assessed your correspondence and has asked me to reply and advise you of the Commission’s jurisdiction. 

·          For your information, this Commission is able to investigate complaints of race discrimination in specific areas of public life, including employment; education; provision of goods and services; and access to places and facilities under the Racial Discrimination Act 1975. Please note that to make a complaint of race discrimination, it is not enough that a person is of a particular race and is unhappy with the treatment that they have received in an area of public life. The person must be able to show that the way they were treated was less favourable because of their race and provide full details of the alleged discrimination. I note that you have not provided any specific details regarding the alleged race discrimination.

·          Also, it is important to note that acts done by judicial officers and others performing their functions, or functions closely associated with judicial function, are protected from legal action by “judicial immunity”. The scope of judicial immunity was considered in Yeldham v Rajski (1989) 18 NSWLR 48 in which Kirby P stated that judicial immunity

·          “is a hallmark of our legal system… that at least judges of superior courts, in performance of judicial functions, are immune from suit in respect of them. Such immunity is grounded in high public policy, designed to ensure that, in the performance of their judicial functions, such judges may act fearlessly and without the harassing concern that they will be made personally liable for the performance of their functions before another judge at the suit of a person disgruntled by the decision.”

·          I hope that you can appreciate the benefits of this principle and why judicial officers, and those carrying out their functions, are protected from legal suit, including claims of alleged discrimination.

·          The issue of whether judicial immunity extends to protection from claims brought under Commonwealth discrimination laws was specifically considered by the High Court of Australia in Re East: Ex Parte Nguyen (1998) 196 CLR 354. It found that there was no intention expressed in the Racial Discrimination Act 1975  “which suggests that it was the intention of Parliament to override that immunity”. It would appear this immunity would apply in your case. To view the decision please go to: http://www.austlii.edu.au/au/cases/cth/HCA/1998/73.html

·          Given the above, the Commission will not be taking any further action regarding your matter at this time. If you have any questions please feel free to contact me on 1300 656 419 or via e-mail at complaintsinfo@humanrights.gov.au. If you would like more information about the Commission's role and functions please visit our website at www.humanrights.gov.au.

·          Kind Regards
Alexandra Mond
Complaint Information Officer
Human Rights & Equal Opportunity Commission
Info Line: 1300 656 419 (cost of a local call)
www.humanrights.gov.au
 

·          I am in receipt of your mail.   I thank you for guiding me in the matter.  The judgement of High Court quoted by you indeed refers to judicial immunity and about the intentions of Parliamentarians to keep the judges immune.  However, subsequent to this judgement, there is a change in circumstances.  The Parliament of Queensland passed the Crime & Misconduct Act in the year 2001 and ensured that the judges too are governed by this Act.  Today a common man can bring the judge within the purview of this Act.   Naturally there is a change in the thinking of Parliament. The analysis that was made by the High Court does not remain applicable.  Therefore, it is necessary for the Court to apply its mind afresh. 

 

·          I also bring to your attention to the fact that human rights are superior to other rights. When in respect of other rights (such as those under Crime & Misconduct Act) the judges are not immune, how the judges can be immune with regard to Human Rights?  This would be particularly strange when Commonwealth of Australia is a signatory to the International Conventions on Human Rights.   When a judge is subject to liability under local laws how he would be immune from liability as per International Conventions?   I recollect that a judge in Queensland was sentenced to jail for a criminal act and this created a news story in the media.  How then a judge can be exempted for violation of human rights?  As regards racism of this particular judge, what is  necessary for you is to "hear" the whole transcript and take evidence.  Then only the truth would be revealed.

 

·          Regards,

 

·          Yours truly

·          Dayal Mansukhani

·          Complaints Info <ComplaintsInfo@humanrights.gov.au> wrote:

 

 

 

 

·         PRS LEGAL

·         Advocates

·         315, Birya House,

·         Perin Nariman Street,

·         Bazargate, Fort,

·         Mumbai – 400 001.                                                   

 

 

·         Date - 10th Sept 2006

 

·         To,

·         The Director/Partner

·         BESCO International.

·         Suite# 117,Block A,AJ Attar Centre,

·         Trade Centre Road , POB. 52113, Dubai , UAE.

 

·         Sirs,

 

·         Re- Legal Notice for recovery of outstanding dues payable to Mr. Dayal Mansukhani.

 

·         Under the instructions and on behalf of our clients Mr. Dayal M. Mansukhani having his address at Flat No. 19, Malkani Mahal, Dr. Annie Besant Road , Worli, Mumbai 400 030. we have to address you as under.

 

·         That you are aware that our clients have filed a civil as well as criminal case against you for the recovery of outstanding dues payable by you to our client.  The case also includes criminal case for dishonour of cheque issued by you towards to discharge of your legal liability. That you are also aware that out of the cheques you have issued to our clients two cheques were involved in controversy as there were allegation of alteration in the cheques.

·         That due to compelling circumstances our client was forced to leave Dubai and shift to Australia and thereafter to India . This has resulted into neglect of the cases filed by my client against you for the recovery of loan amount. It appears that you have taken advantage of this situation, by not fulfilling you legal obligation to pay our client the loaned amount with legal charges.

·         That you must be aware that initially the allegation of alteration on the cheques were made by the Dubai Prosecution which was subsequently dropped against my client as after through investigation the Dubai Public Prosecution came to the conclusion that the our client has no role in the alteration in the cheque if any as the alteration was done with the consent and express endorsement of the Bank Officers. The two cheques were Bank guarantee cheques and as such the Bank was duty bound to honor the same.

·         That our client feels that as he has no account with the  Standard Chartered Bank and Standard Chartered Bank has collaborated with you and cheated Our Client by issuing cheques in favour of our client with Bank Guarantee. Our client believing on the cheque to be perfect parted with the money in your favour.

·         Please note that on 15/7/1998 when our client was intimated about the dishonour of cheques despite Bank Guarantee our client immediately called Bank officers and informed them of similar cheques issued by you with Bank Guarantee endorsed by the officers of the Bank. The officers of the Standard Chartered Bank assured our client that they will look into the matter as there were some discrepancies in the cheques and certain officers of the Bank appeared to have conspired with you to issue such guaranteed cheques. In any case after through investigation the Dubai Police and the Prosecution discharged our client from any allegation and your liability to pay our client is still valid and subsisting. You cannot take advantage of the situation you have created in connivance with the certain Bank officers. You have  with the  help of court auditors, and Legal representatives of our client.

·         Please also note that our clients is exploring the possibilities of initiating legal proceedings against you in India as you have immobile property in India and you are a person of Indian Origin,  a criminal case for misappropriation of funds, cheating, breach of trust forgery can be filed against you in India .

·         That our client reserves his right to file appeal/ review petition and or curative petition to reopen the cases against you and bring the true and correct fact before the court of cassation. Our client also reserves his right to claim penal damages against you for putting my client to monetary losses, harassment, mental agony and loss of profit.

·         That by way of this final legal notice you are once again called upon to pay our client 1.5 Million Dhm. Within 15 days from the receipt hereof failing which our client shall be constrained to adopt legal action for the recovery of the above sum entirely at your risk as to costs and consequences.

 

·         Yours truly,

 

 

·         For P.R.S. Legal

·         Advocates

 

·         PRS LEGAL

·         Advocates

·         315, Birya House,

·         Perin Nariman Street,

·         Bazargate, Fort,

·         Mumbai – 400 001.                                                   

 

 

·         Date - 10th Sept 2006

 

·         To,

·         The Director/Partner

·         BESCO International.

·         Suite# 117,Block A,AJ Attar Centre,

·         Trade Centre Road , POB. 52113, Dubai , UAE.

 

·         Sirs,

 

·         Re- Legal Notice for recovery of outstanding dues payable to Mr. Dayal Mansukhani.

 

·         Under the instructions and on behalf of our clients Mr. Dayal M. Mansukhani having his address at Flat No. 19, Malkani Mahal, Dr. Annie Besant Road, Worli, Mumbai 400 030. We have to address you as under.

 

·         That you are aware that our clients have filed a civil as well as criminal case against you for the recovery of outstanding dues payable by you to our client.  The case also includes criminal case for dishonour of cheque issued by you towards to discharge of your legal liability. That you are also aware that out of the Cheques you have issued to our clients two cheques were involved in controversy as there were allegation of alteration in the cheques.

·         That due to compelling circumstances our client was forced to leave Dubai and shift to Australia and thereafter to India . This has resulted into neglect of the cases filed by my client against you for the recovery of loan amount. It appears that you have taken advantage of this situation, by not fulfilling you legal obligation to pay our client the loaned amount with legal charges.

·         That you must be aware that initially the allegation of alteration on the cheques were made by the Dubai Prosecution which was subsequently dropped against my client as after through investigation the Dubai Public Prosecution came to the conclusion that the our client has no role in the alteration in the cheque if any as the alteration was done with the consent and express endorsement of the Bank Officers. The two cheques were Bank guarantee cheques and as such the Bank was duty bound to honor the same.

·         That our client feels that as he has no account with the  Standard Chartered Bank and Standard Chartered Bank has collaborated with you and cheated Our Client by issuing cheques in favour of our client with Bank Guarantee. Our client believing on the cheque to be perfect parted with the money in your favour.

·         Please note that on 15/7/1998 when our client was intimated about the dishonour of cheques despite Bank Guarantee our client immediately called Bank officers and informed them of similar cheques issued by you with Bank Guarantee endorsed by the officers of the Bank. The officers of the Standard Chartered Bank assured our client that they will look into the matter as there were some discrepancies in the cheques and certain officers of the Bank appeared to have conspired with you to issue such guaranteed cheques. In any case after through investigation the Dubai Police and the Prosecution discharged our client from any allegation and your liability to pay our client is still valid and subsisting. You cannot take advantage of the situation you have created in connivance with the certain Bank officers. You have  with the  help of court auditors, and Legal representatives of our client.

·         Please also note that our clients is exploring the possibilities of initiating legal proceedings against you in India as you have immobile property in India and you are a person of Indian Origin,  a criminal case for misappropriation of funds, cheating, breach of trust forgery can be filed against you in India .

·         That our client reserves his right to file appeal/ review petition and or curative petition to reopen the cases against you and bring the true and correct fact before the court of cassation. Our client also reserves his right to claim penal damages against you for putting my client to monetary losses, harassment, mental agony and loss of profit.

·         That by way of this final legal notice you are once again called upon to pay our client  1.5 Million Dhm. Within 15 days from the receipt hereof failing which our client shall be constrained to adopt legal action for the recovery of the above sum entirely at your risk as to costs and consequences.

 

·         Yours truly,

 

 

·         For P.R.S. Legal

·         Advocates

·         MY LEGAL ACTIONS AGAINST THE CULPRITS------

 

 

AFFIDAVIT OF MR. DAYAL H. MANSUKHANI IN SUPPORT OF

HIS PETITIONS , APPLICATIONS AND SUBMISSIONS BEFORE

NATIONAL AND INTERNATIONAL COURTS & TRIBUNALS

INCLUDING  HUMAN RIGHTS’ BODIES ALL OVER  WORLD

 

I, Mr. Dayal H. Mansukhani, Indian adult, residing at Flat No.19, Malkani Mahal, Self-Help Cooperative Housing Society Ltd., 261, Dr. Annie Besant Road, Worli, Mumbai – 400 030, India state on oath as under:-

 

1.      I am affirming this affidavit to place on record certain facts in a nut-shell for the information of various authorities in India as well as abroad and also the Human Rights bodies all over the world including organizations functioning under United Nations. This affidavit shall be relied upon by me as general affidavit not only in various legal proceedings but also in various representations and petitions that would be filed by me. I am personally aware of the facts averred herein and I am affirming this affidavit on the basis of experience actually undergone by me.

2.      I am an Indian businessman who was in Dubai for 25 years with my wife viz. Mrs.Pooja Dayal Mansukhani and three children. All my children are major now. I was undertaking various businesses in Dubai wherein my wife was my active associate and partner and she was fully involved in business activities in Dubai. In 2002 we decided to migrate to Australia and accordingly obtained Business 457 Multi Visit 4 Year Visa for our family wherein my wife Mrs.Pooja Dayal Mansukhani was the applicant and rest of the members of the family were dependants.

3.      We went to Australia with the fond hope that it is a democratic country and we would be in a position to prosper by making best use of our business talent and our investible funds. We had ambitious business plans and we shifted our entire wealth amounting to more than $ 2.5 Mio. to Australia.

4.      When we reached Australia, we had a plan of establishing a Multi Million Kiosk project. We had confidence that by establishing hundreds of internet kiosks in hotels, motels and shopping complexes, we would be able to generate income of atleast $ 1 Mio. every year for an initial period of 3-4  years and this income would keep on multiplying in future years. We also had plan of taking up property development business. Accordingly we acquired a commercial property on 31st May, 2002 in Molendinar in Gold Coast in the State of Queensland. The purchase price of the property was $ 1.17 Mio. and it had annual rental value of more than $ 0.16 Mio. An Australian bank viz. Suncorp Metway Ltd. extended finance to the tune of $ 0.90 Mio. which was repayable in a period of 10 years @ 0.12 Mio. p.a. I say that the decision to purchase the property at Molendinar reflected business wisdom and acumen of our family for the sole reason that the bank loan was of a self-liquidating nature from a part of annual rent whereby the loan would be closed in 10 years and the property would be fully owned by us with only initial margin provided by us. We also had plans to take up redevelopment of the property since huge plot of land was available and tenanted building formed only a part of the property.

5.      I say that there is a nexus in Queensland amongst the property dealers, solicitors, and judicial officers due to which a foreigner in Queensland faces a very serious problem as soon as he buys any property. The population of Queensland is around 12 Mio. and there is a boom in prices of real estate mainly due to foreign investment. Queensland is a tourist place visited by millions of foreign tourists. It is also inhabited largely by students from all over the world including students from India . Due to tourism and heavy publicity, investors from all over the world are also coming Australia for investing in Real Estate. When any overseas investor begins his business enquiries, he receives tall promises and a very optimistic approach from local real estate agents and solicitors. Such investor gets lot of encouraging responses by explaining to him lucrative return on investment, lower bank rate, assured income from tenants, etc. However the investor is not informed about a number of shortcomings.

6.      After I purchased the property and found that the tenants were misusing the same, I initiated legal proceedings against the tenants. Unfortunately, the local solicitors who are in the habit of hatching conspiracies against overseas investors and finally selling off their properties so as to share their own booty deliberately sabotaged my litigation.  These solicitors also left me in lurch with regard to my dispute with an Australian landlord in respect of my internet business.  Finally while I went on receiving setbacks in my cases against my own tenants, my own landlord – even though large surplus amounts paid by me were lying with him- succeeded in obtaining favourable court orders against me.  I was running an internet café wherein the cost of computers and equipments was more than  $ 3,00,000/- . Due to pressures from the landlord, I decided to shift to another premises and sold off the internet business for just a sum of $ 51,111/-.  The local solicitors conspired with the buyer and filed damage suit against my wife’s company and my wife even though both of them were not involved in the dispute in any manner.

7.      I realized that there was a clear conspiracy between the local solicitors, estate agents, police authorities and the courts of law.  The economy of Queensland is thriving on the income on real estate. The auction of investors’ properties is a routine feature in the place.  Legal advice and litigation is very costly.  Nobody is interested in giving justice to overseas investor.  On the contrary, once the investor brings in his fund and makes and investment, everyone is interested to get him declared bankrupt and auction his property. The investment brought in by him adds to the wealth of Queensland.  In the process, there are several rounds of litigation and several rounds of action.  Both real estate agents and solicitors become richer and richer.  They share their gains with the judges.  Naturally, the judges are biased in their favour and always give adverse judgements against overseas investors.  I was victim of this situation.

8.      Even though the dispute was between myself and buyer of internet business, the District Court of Southport went on issuing orders such as Mareva order against the property of our family trust (wherein my wife’s company Good Luck Holdings Pty Ltd was a trustee), ordering costs against all defendants including the company etc.  Finally taking advantage of the fact that my wife was then out of Australia, a liquidation petition was brought against her company for a petty sum of $ 7000/- at a time when the balance in bank accounts of the company was more than $ 17,000/-.  When I appeared before Judge Ms. Margaret White of the Supreme Court of Queensland and volunteered to make payment of the amount involved in the petition, she simply rejected my pleas and ordered winding up of the company.

  1. GoodLuck Holdings Pty Ltd. was ordered to be liquidated on 31st October, 2005 . This company was the Trustee of GoodLuck Trust which held immovable property worth $ 7-8 Mio. in Molendinar area of Gold Coast. The Court had appointed two persons to act as Liquidators viz. MR. JOHN RICHARD PARK AND MR. LACHLAN STUART MCINTOSH . These two persons are accountant and are partners in the top Accountant Firm viz. Korda Mentha in Queensland which engages more than 50% of the solicitors in Brisbane . Every alternate solicitor in Brisbane has received fat fees from this firm at some or the other time in his careers (The beneficiaries include judges since judges also are solicitors before their appointment as judges).  Naturally, the solicitors lobby is fully with Korda Mentha and they also influence the judges.  No judge would dare to give judgement where Korda Mentha is to be adversely affected.
  2. Every year, individual partners of Korda Mentha sell out thousands of properties  in auction.  This brings in large income to the real estate agents as well.  Similarly there are malpractices in sale since in all cases the victim is overseas investor who is unable to fight out due to the nexus between judiciary, Korda Mentha, local solicitors and estate agents.
  3. Taking advantage of various handicaps faced by us, the Liquidators obtained orders from the Supreme Court on 13th January, 2006 to appoint themselves as Receivers of the property of the Trust and to sell and realize the assets of the Trust. At that time, we were in India and we sought adjournment since I was undergoing treatment for my heart ailment.  I had three heart attacks in my life and I have also undergone a by-pass surgery.  Unmindful of these woes, the liquidators refused to agree for adjournment and went ahead with the case to obtain orders to sell off the property.
  4. Tenders were closed on 11th May, 2006 . As per the Supreme Court’s order dated 13th January, 2006 , the Receivers (Liquidators) were required to give a notice of 7 days to my wife viz. Mrs.Pooja Dayal Mansukhani (who was the appointer of GoodLuck Trust) before entering into any sale contract. The Receivers did not give any notice of 7 days. My wife Mrs.Pooja Dayal Mansukhani was repeatedly reminding the Receivers that they should give 7 days” notice to her so that she can take steps to safeguard the property from sale. However, in violation of the court’s orders, the Receivers refused to give 7 days’ notice.
  5. There was a loan of $0.7 Mio. against the property from Suncorp Metway Ltd. of which I was the guarantor. On 16th May, 2006 I repaid this loan and entered the position of first mortgagee of Molendinar property under the right of subrogation. Thereafter I notified the Receivers that I am objecting to the sale of the property. My daughter Ms. Deena Dayal Mansukhani had brought a number of buyers for the property for an amount as high as $ 8 Mio. However, the Receivers discouraged every buyer and did not accept any such offers.

14.  While communicating the decision of the Supreme Court, the Receivers had informed us that vide letter dated 13th April, 2006 they would be selling the Molendinar property by tender and the tender would close on 27th April, 2006. My daughter commenced correspondence with the Receivers and advised them that our children would like to raise funds and approach the Supreme Court with an appropriate proposal so that sale of the valuable property at Molendinar can be avoided. A series of emails were exchanged between my daughter and the Receivers wherein documentary proof was furnished to the Receivers about the fact that a balance of more than $ 1.6 Mio. was lying with Australian Bank viz. Suncorp Metway Ltd. My daughter expressed willingness that the entire liability of Suncorp Metway Ltd. which was first mortgagee of the property to the tune of $ 6,83,000 would be closed and the amount of entire claim of Dr.Thamir Karam (i.e. the buyer of my internet business who had obtained liquidation orders against my wife’s company) would be deposited either in the court of with the Receivers. She invited the attention of the Receivers to the fact that Dr.Thamir Karam was not the creditor of the Trust. He had obtained a judgement against GoodLuck Holdings Pty Ltd. and there was no reason to sell the property of GoodLuck Trust unless judgement related to GoodLuck Trust. Nevertheless, she expressed willingness to deposit the entire claim of Dr.Thamir Karam so that it can be left to the Supreme Court to decide whether Dr.Thamir Karam was a creditor of the Trust or whether he was a creditor only of the company. At this juncture, the Receivers came forward with a strange condition that for such a proposal, consent of Dr.Thamir Karam was required to be obtained by my daughter. Dr.Thamir Karam was never a creditor of the Trust. He had only tried to arm-twist the Mansukhani family by creating threats for the property at Molendinar. If we had approached him for his consent, there would not be any chance of his giving consent without our agreeing to make full payment of his claim. He was an interested party having a direct clash of interest with the beneficiaries of the Trust. It was unbecoming on the part of the Receivers in their capacity as Officers of the court, stipulating such a condition. Even if the Receivers had sold the property, they would still have to obtain direction from the Supreme Court whether Dr.Thamir Karam was creditor of the company or creditor of the Trust. Instead of making them to wait for the sale of the property and seek clarifications from the Supreme Court, they were making the process easy by deposing the amount immediately so that the Supreme Court can quickly dispose off the claim of Dr.Thamir Karam. In any case, Dr.Thamir Karam had to satisfy the Supreme Court and he was not concerned whether the amount deposited into the Supreme Court came from out of the sale proceeds of the property or from deposits made by the beneficiaries of the Trust. However, if his consent was made a pre-condition, then he would give unnecessary importance and locus standi whereby he would bring undue pressure on us to settle his illegitimate claim against the Trust, even though he was not at all creditor of the Trust. My daughter pointed out this position to the Receivers and made several pleas that consent of Dr.Thamir Karam should not be made a pre-condition as no prejudice was caused by the proposal to Dr.Thamir Karam. Even then the Receivers refused to change their stand and insisted that consent of Dr.Thamir Karam was compulsory. We intended to deposit full amount in the court so that the sale of the property could be avoided. We requested Suncorp Metway Ltd. to act as our Trustee, engage a lawyer for us and deposit the entire amount into the court so that the sale of the property could be stopped. We also requested the office of Public Trustee (which is a statutory office in Queensland) to act as our Trustee. However, both Suncorp Metway Ltd. and the Public Trustee refused to act as our Trustee. Thereafter we informed the Liquidators (Receivers) that we shall deposit the entire amount with the Receivers only. The Receivers again refused and insisted that consent of Dr.Thamir Karam was necessary. This left us with no option but to directly approach the Supreme Court. We were completely confused and helpless as to why the  Liquidators were pent upon selling our property. We forwarded our application to the Supreme Court directly wherein we showed our willingness to deposit the entire amount mentioned by the Liquidators in their first affidavit and we attached our bank statement to our application to show that we were really holding balance for making deposit.

15.  On 10th May, 2006, the Supreme Court heard our application. We informed the court that we were making on the spot payment to the Liquidators/ Receivers and our request was only to stop the sale. However, the Supreme Court heard elaborate arguments for nearly half an hour wherein we time and again mentioned that we were ready to deposit the amount on the spot without any conditions and our only request was to stop the sale. The court however, rejected our application at the end on the only ground that the leave was not granted to Mr.Sanjiv G.Punalekar to appear for Dayal & Sons International Investors Pty Ltd. and that the court wanted us to engage only an Australian solicitor. I say that the court first allowed Mr.Sanjiv G.Punalekar to put all his arguments and when all his arguments were exhausted when the court was convinced that the sale was illegal and the Receivers had some personal interest in the sale, the court rejected the application not on merits but on technical grounds that an Australian solicitor should have represented Dayal & Sons International Investors Pty Ltd.

16.  At this juncture, Mr.Sanjiv G.Punalekar even volunteered that he will re-submit the application through an Australian solicitor within a short time and his only request was to accept the payment on the sport to stop the sale till a fresh application can be made. Even then the request was rejected. All these events are duly recorded in the transcripts of hearing held on 10th May, 2006 before the Supreme Court Judge Mr.Chesterman J. He immediately engaged an Australian Solicitor and started taking steps to safeguard our interest to the extent possible. First of all, I repaid the entire debt of Suncorp Metway Ltd. amounting to $712,000 from out of the funds given by Dayal & Sons International Investors Pty Ltd. Thereafter, I became the first mortgagee of GoodLuck Trust by virtue of right of subrogation as guarantor. A notice was given to the Receivers that as first mortgagee, I was objecting to the sale. In the meantime, the date for closure of tender was extended by the Receivers upto 11th May, 2006. Hence the appointer of the Trust viz. Mrs.Pooja Dayal Mansukhani issued a notice to the Receivers on 15th May, 2006 reminding the Receivers about their duty to give 7 days’ notice before entering into any sale contract. Strangely the Receivers responded by stating that they would not be giving any notice. In the meanwhile, my daughter had submitted a number of sale offers to the agents of the Receivers, including an offer as high as $8 Mio. However, in some or the other pretext, the Receivers chased away these prospective buyers. I am having copies of correspondences made by these prospective buyers and the manner in which the Receivers deliberately discouraged these prospective buyers from submitting their bids. As the Receivers were refusing to divulge any details about the sale offers received by them and about their intentions of entering into sale contract, my daughter made an offer to buy the property for $ 4 Mio. and in the alternative to take the property on 25 years’ lease at lease rent of $ 2,50,000 per year. She in fact forwarded the bank cheque of $ 2,50,000 to the Receivers in advance alongwith proof of readings of another cheque for $ 1,50,000 thereby making 10% of total sale offer of $ 4 Mio. Thus the Liquidators were given two options. Surprisingly, at this juncture, the Liquidators came forward with the truth that before the period of 7 days could complete, from the date of closure of tender, they had agreed to sell the property to a company called M/s. Heday Pty Ltd. for just $ 2.7 Mio. by accepting down payment of only $ 10,000 and they had also increased the period for payment from 30 days to 60 days. Thus the Liquidators had sold the property by private sale at a throwaway price behind our back and without giving 7 days’ notice to us while turning down better offer for $ 8 Mio.

17.  While discouraging the offer for $ 8 Mio., the Receivers had given in writing that the prospective buyer need not be present in Australia and acceptance of offers will only be on the basis of Written offers without any negotiation or discussion. However, in reality, they held negotiations with M/s.Heday Pty Ltd. in a clientele manner and sold our property at a throwaway price.

18.  The property was allegedly sold on 18th May, 2006. However, when we repaid the loan of Suncorp Metway Ltd., Suncorp Metway Ltd. informed us two days in advance i.e. on 16th May, 2006 itself that the contract for sale was executed by the Receivers. This was definitely suspicious and fishy.

  1. When my daughter wanted one day’s time from the Receivers so that the prospective buyer for $ 8 Mio. would reach Australia and negotiate with the Receivers, the Receivers informed in writing that there was no need for anybody to be present and that they would accept the sale offer on the basis of written tenders only. The terms of tender were - payment of 10% as advance and balance 90% to be paid within 30 days. When the Receivers were not responding to us in any manner, my daughter tendered advance of $ 4,00,000 and made an offer for $ 4 Mio. She also made alternate offer of 25 years’ lease @ $ 2,50,000 per year so that while generating income of$ 6.25 Mio., the property ownership would still remain intact with the Trust. It is pertinent to note that there was only one claimant against the Trustee Company (Here again the claim was against the company and not against the Trust) for a sum of only $ 112,000.
  2. On 18th May, 2006 , the Receivers revealed the truth to us for the first time that they had sold the property by private sale. One M/s. Heday Pty Ltd. had made down payment of only $ 10,000 and made an offer for only $2.7 Mio. Secondly, as against the period of 30 days, 60 days time was given to Heday Pty. Ltd. Thus the Receivers had committed a number of irregularities. 
  3. We were surprised about the manner which the Receivers had sold the property at a throwaway price. It was necessary for us to stop the sale, hence we had no option but to go before the Supreme Court. Accordingly, an application was filed on behalf of my daughter Ms.Deena Dayal Mansukhani. This application was heard by Judge Ms.White on 5th June, 2006 . In this application, we had pointed out various following irregularities on the part of Receivers.
  4. I appeared in person alongwith my Indian lawyer Mr.Sanjiv G.Puanlekar. All the documents were submitted before the Supreme Court on affidavit. The application was signed by me in my capacity as power of attorney holder. I also stated on affidavit that my daughter Ms.Deena Dayal Mansukhani did not have valid Visa after expiry of previous 4 Year Visa in February, 2006. I had also submitted the detailed outline of written submissions pointing out the various grave irregularities committed by the Receivers.
  5. It is pertinent to note that both the Receivers were partners of a Chartered  Accountant Firm viz. Korda Mentha which was also in the activity of Real Estate Advisory business and hence the Receivers had personal vested interest in selling the property at a throwaway price. There was clear fraud committed by the Receivers against the Mansukhani family. We are Indians and our Visa had expired. In May 2006 One Year Business Visa was given to me and my Indian Lawyer Mr.Sanjiv G.Punalekar only for the specific reason of fighting out our legal cases.
  6. Judge Ms. Margaret White heard our application on 5th June, 2006 .  This very same judge had ordered the liquidation of the company (Good Luck Holdings Pty Ltd) on 31st October 2005 . Still we went to the Court Room with the fond hope that we would get justice. We did not expect the Receivers to take a cooperative stand. This is because we had exposed various irregularities on the part of Receivers. We had also made complaint against the Receivers to Crime & Misconduct Commission and a copy of our complaint was tendered to the Supreme Court on Affidavit. Thus documentary proof was available before the Judge Ms. White whereby she fully knew that the Receivers had engaged the following irregularities.

a)      They sold our property at a throwaway price. (i.e. $ 2.7 mio as against an offer of $ 8 Mio)

b)      They made private sale in a secretive and clandestine manner.

c)      They increased the period of payment from 30 days to 60 days.

d)      Instead of down payment of $ 2,70,000, they accepted down payment of a paltry sum of $ 10,000.

e)      Suncorp Metway Ltd. was knowing about the deal on 16th May, 2006 , when the deal was signed on 18th May, 2006 .  (We had a written confirmation from Suncorp to this effect which we appended to our affidavit)

f)        They turned down the offer of $ 8 Mio. by giving in writing that nobody’s presence was required for negotiation whereas this particular sale was private sale through negotiation. Thus a buyer with an offer of $ 8 Mio. was chased away for undue benefit of another buyer with an offer of $ 2.7 Mio.

g)      My own daughter’s proposal with two options of outright sale of $ 4 Mio. and alternate offer of lease with assured income of $ 6.25 Mio. were rejected. Only after our making such offers the Liquidators/Receivers told us the truth about the fraudulent sale conducted by them.

 

  1. When hearing commenced on 5th June 2006 before Judge Ms. White, The Liquidators’ lawyer did not go into the merits of the case. They objected to my presence into the Court Room. They produced a judgement of the court whereby appearance of a litigant through non-lawyer was a matter of discretion of the court. The Judge Ms. White decided to accept the contention of Solicitors of Liquidators. She made it clear to me that she would not hear my application. At this stage I pleaded and begged that my daughter did not have any Visa. If my daughter was given Visa, she would have come. I also brought to her the notice that if I was not given any audience, I had no difficulty at all. Least what I expected from her was to read the papers on record and to take decision on merit.  The validity of power of attorney in my favour was not in dispute.  The application was accepted by the Registry. It is common that legal documents including petitions can be filed on the basis of power of attorney.  If my behaviour or mannerisms were disliked, I would not have opened my mouth.  What I wanted was that the application should have been decided on merits particularly when such a serious fraud was committed.
  2. The previous judgement/ case-law produced by the Solicitors of the Liquidators was about personal appearance and personal audience and even in that particular judgement, though the court disallowed personal audience to third party, the court had in fact decided the case on the basis of documents on record. However for reasons best known to Ms. White, she went one step ahead even to throw away the papers that I had filed.
  3. I am holding the transcripts of the hearing which shows that the Judge Ms. White took a very long time to read my application. She read every bit of paper and she came to know that it was a clear case wherein the Receivers who were locals of Australia and who were white by race were committing heinous crime against the Indian family. She read the papers completely and then she decided to reject my application on the grounds raised by the Liquidators.
  4. The said Judge Ms. White did not stop only at taking technical stand but she went ahead to express venom and vengeance against me personally by adding her personal knowledge into the issue. Previously, when the company was liquidated on 31st October, 2005 , this very same Judge Ms .White had heard my matter in the court and a winding up order was passed for a sum of $ 7,000 even though I had personally volunteered to deposit the amount into the court on the very same day i.e. 31st October, 2005 . At that time our company’s bank balance was more than $ 17,000. Nevertheless at that point of time the Judge Ms. White had rejected my plea to deposit $17,000.
  5. While pronouncing her judgement on 5th June, 2006 , Ms. White imported her personal knowledge and personal prejudice into her judgement and she made reference to my previous appearances before her. This clearly showed that she was prejudiced and she had personal hatred against me. She read the papers and specifically inquired as to who drafted the same. The Indian lawyer accompanying me explained that the drafting was done by him. This fact is recorded in the transcript.  Thus Ms. White was aware that the papers were duly drafted and there was no harm in taking a decision on the basis of documents.  However, when she realized that action would be warranted against white persons for a crime against an Asian, she decided to take an extreme stand and hush up the matter. If the transcript is carefully heard, you will realize that Ms. White took a long time to read my papers and after reading my papers, she decided to throw her weight behind the Liquidators who belong to her race. Before that she did inquire about who drafted my papers.  While doing so, she could not control herself and went on recording some previous personal experiences which was not even on the records of the court. Thus Ms. White acted with vengeance, prejudice and with a feeling of racial discrimination.
  6. I am not an educated person and may be that I have sometimes lacked in my mannerism and my language. However, this is not the reason to victimize my whole family to sell our property of $ 8 Mio. for a paltry sum of $ 2.7 Mio. Ms. White clearly acted with a feeling of racial discrimination against me. In Australia there is a system of recording the transcripts. Naturally, she had her own limitations in making racial remarks against me. But what is important is her conduct which was racial.
  7. My Indian lawyer Mr. Sanjiv G. Punalekar would also testify as my witness. He edits a magazine named “Civil Liberties”, which is registered as a newspaper with the Registrar of Newspapers in India . He successfully fought various public interest litigations in India . The website search of www.google.com with the words “Punalekar” would reveal his Public Interest Litigations (PIL) in India and his contribution to the Human Rights activities in India . When I requested the Judge Ms. White to allow him to act as my Mckanzy friend, she refused. He was a witness to the whole drama and has also seen the expressions of contempt which she showed towards me while throwing out the legitimate application filed by me as a power of attorney holder for my daughter. Mr. Punalekar is my witness who has seen her contemptuous expressions and manner in which she ill-treated me. This is also substantiated by additional import of facts by Ms. White into her judgement. On one hand Ms. White threw out my application on technical grounds and on the other hand she went on making personal remarks against me which were irrelevant to the issues of the case.  It is necessary to curb such tendencies.  
  8. The Liquidators viz. JOHN RICHARD PARK AND LACHLAN STUART MCINTOSH committed a number of irregularities which should have been punished by the judiciary.  Some of these irregularities are as follows:

                                i)      The Liquidators’ refusal to give 7 days’ notice in violation of Supreme Court orders.

                               ii)      The Liquidators’ action of selling the property even before 7 days were completed from the date of closure of tender.

                             iii)      Suncorp Metway Ltd. having knowledge in advance i.e. on 16th May, 2006, when the contract was entered on 18th May, 2006.

                             iv)      Acceptance of down payment of only $ 10,000 as against the application to reject the tender where down payment was less than 10%.

                              v)      Extension of time period from 30 days to 60 days.

                             vi)      Turning down better offer of $ 8 Mio.

                           vii)      Turning down offers of my daughter for 25 years’ lease generating income of $ 6.25 Mio. per year by keeping the property ownership intact with the Trust.

                          viii)      Declining my daughter’s proposal for $ 4 Mio. when down payment of $ 4,00,000 was already made.

Today I have been denied justice.  However, I am not going to keep silent.  I shall knock the doors of the Human Rights Bodies all over the world and shall seek justice. I am in the process of making a documentary film on my plight. I am also arranging to put up a website depicting this grave injustice. When Idi Amin of Uganda did similar things to investors from Europe, he was declared to be a violator of human rights.  The question that I would raise would be –“ Is this logic applicable only to Uganda or would it apply to Australia as well?”  I shall keep on raising this issue till I get justice.

Solemnly affirmed on this __ day of August 2006 at Mumbai

 

Advocate for the Petitioner                                                   Deponent

 

 

DAYAL H. MANSUKHANI
Flat No.19, Malkani Mahal, Self-Help Co-operative Housing Society,
261, Dr.Annie Besant Road, Worli, Mumbai – 400 030 (India).
(Phone/ Fax – 0091-22-24384011); Email: mansukhani48@yahoo.com
Date : 6th August, 2006
To,
Discrimination Commissioner,
Human Rights & Equal Opportunity Commission,
Australia
 
Sub.:    Complaint against Ms.White, Judge of Supreme Court of Queensland, who has acted
in unjust and unfair manner on the basis of racial considerations.
 
Sirs,
 
I, Mr. Dayal H.Mansukhani, Indian adult, residing at Flat No.19, Malkani Mahal, Self-Help Co-operative Housing Society, 261, Dr.Annie Besant Road, Worli, Mumbai – 400 030 (India), make the following submissions:-


My personal details are as follows:-
 
Name                           :           Mr.Dayal H.Mansukhani
Address                       :           Flat No.19, Malkani Mahal,
                                                Self-Help Cooperative Housing Society,
                                                261, Dr.Annie Besant Road, Worli,
                                                Mumbai – 400 030.
 
Nationality                    :           Indian.
 
Age                              :           57 years.
 
Name of the person
complained against        :           Ms. White, Judge of Supreme Court of Queensland.
 
When the incident
occurred                       :           5th June, 2006.
                                                (I also had previous unpleasant experience with the same
                                                person on 31st October, 2005).
 
Brief Background of the incident:-
 
·        GoodLuck Holdings Pty Ltd. was ordered to be liquidated on 31st October, 2005. This company was the Trustee of GoodLuck Trust which held immovable property worth $ 7-8 Mio. in Molendinar area of Gold Coast. The Liquidators appointed by the Court, obtained orders from the Supreme Court on 13th January, 2006 to appoint themselves as Receivers of the property of the Trust and to sell and realise the assets of the Trust. Tenders were closed on 11th May, 2006. As per the Supreme Court’s order dated 13th January, 2006, the Receivers (Liquidators) were required to give a notice of 7 days to my wife viz. Mrs.Pooja Dayal Mansukhani (who was the appointer of GoodLuck Trust) before entering into any sale contract. The Receivers did not give any notice of 7 days. My wife Mrs.Pooja Dayal Mansukhani was repeatedly reminding the Receivers that they should give 7 days” notice to her so that she can take steps to safeguard the property from sale. However, in violation of the court’s orders, the Receivers refused to give 7 days’ notice. There was a loan of $0.7 Mio. against the property from Suncorp Metway Ltd. of which I was the guarantor. On 16th May, 2006 I repaid this loan and entered the position of first mortgagee of Molendinar property under the right of subrogation. Thereafter I notified the Receivers that I am objecting to the sale of the property. My daughter Ms. Deena Dayal Mansukhani had brought a number of buyers for the property for an amount as high as $ 8 Mio. However, the Receivers discouraged every buyer and did not accept any such offers. When my daughter wanted one day’s time from the Receivers so that the prospective buyer for $ 8 Mio. would reach Australia and negotiate with the Receivers, the Receivers informed in writing that there was no need for anybody to be present and that they would accept the sale offer on the basis of written tenders only. The terms of tender were - payment of 10% as advance and balance 90% to be paid within 30 days. When the Receivers were not responding to us in any manner, my daughter tendered advance of $ 4,00,000 and made an offer for $ 4 Mio. She also made alternate offer of 25 years’ lease @ $ 2,50,000 per year so that while generating income of$ 6.25 Mio., the property ownership would still remain intact with the Trust. It is pertinent to note that there was only one claimant against the Trustee Company (Here again the claim was against the company and not against the Trust) for a sum of only $ 112,000.

·        On 18th May, 2006, the Receivers revealed the truth that they had sold the property by private sale. One M/s. Heday Pty Ltd. had made down payment of only $ 10,000 and made an offer for only $2.7 Mio. Secondly, as against the period of 30 days, 60 days time was given to Heday Pty. Ltd. Thus the Receivers had committed a number of irregularities.  There are narrated in the subsequent paragraphs of this complaint

·        We were surprised about the manner which the Receivers had sold the property at a throwaway price. It was necessary for us to stop the sale, hence we had no option but to go before the Supreme Court. Accordingly, an application was filed on behalf of my daughter Ms.Deena Dayal Mansukhani. This application was heard by Judge Ms.White on 5th June, 2006. In this application, we had pointed out the following irregularities on the part of Receivers.

·        I appeared in person alongwith my Indian lawyer Mr.Sanjiv G.Puanlekar. All the documents were submitted before the Supreme Court on affidavit. The application was signed by me in my capacity as power of attorney holder. I also stated on affidavit that my daughter Ms.Deena Dayal Mansukhani did not have valid Visa after expiry of previous 4 Year Visa in February, 2006. I had also submitted the detailed outline of written submissions pointing out the various grave irregularities committed by the Receivers.

·        It is pertinent to note that both the Receivers were partners of a Chartered  Accountant Firm viz. Korda Mentha which was also in the activity of Real Estate Advisory business and hence the Receivers had personal vested interest in selling the property at a throwaway price. There was clear fraud committed by the Receivers against the Mansukhani family. We are Indians and our Visa had expired. In May 2006 One Year Business Visa was given to me and my Indian Lawyer Mr.Sanjiv G.Punalekar only for the specific reason of fighting out our legal cases.


When Judge Ms.White heard our application on 5th June, 2006, we went to the Court Room with the fond hope that we would get justice. We did not expect the Receivers to take a cooperative stand. This is because we had exposed various irregularities on the part of Receivers. We had also made complaint against the Receivers to Crime & Misconduct Commission and a copy of our complaint was tendered to the Supreme Court on Affidavit. Thus documentary proof was available before the Judge Ms.White whereby she fully knew that the Receivers had engaged the following irregularities.


a)      They sold our property at a throwaway price. (i.e. $ 2.7 mio as against an offer of $ 8 Mio)
b)      They made private sale in a secretive and clandestine manner.
c)      They increased the period of payment from 30 days to 60 days.
d)      Instead of down payment of $ 2,70,000, they accepted down payment of a paltry sum of $ 10,000.
e)      Suncorp Metway Ltd. was knowing about the deal on 16th May, 2006, when the deal was signed on 18th May, 2006.  (We had a written confirmation from Suncorp to this effect which we appended to our affidavit)

f)        They turned down the offer of $ 8 Mio. by giving in writing that nobody’s presence was required for negotiation whereas this particular sale was private sale through negotiation. Thus a buyer with an offer of $ 8 Mio. was chased away for undue benefit of another buyer with an offer of $ 2.7 Mio.

g)      My own daughter’s proposal with two options of outright sale of $ 4 Mio. and alternate offer of lease with assured income of $ 6.25 Mio. were rejected. Only after our making such offers the Liquidators/Receivers told us the truth about the fraudulent sale conducted by them.


 
When hearing commenced on 5th June 2006 before Judge Ms. White, The Liquidators’ lawyer did not go into the merits of the case. They objected to my presence into the Court Room. They produced a judgement of the court whereby appearance of a litigant through non-lawyer was a matter of discretion of the court. The Judge Ms. White decided to accept the contention of Solicitors of Liquidators. She made it clear to me that she would not hear my application. At this stage I pleaded and begged that my daughter did not have any Visa. If my daughter was given Visa, she would have come. I also brought to her the notice that if I was not given any audience, I had no difficulty at all. Least what I expected from her was to read the papers on record and to take decision on merit.  The validity of power of attorney in my favour was not in dispute.  The application was accepted by the Registry. It is common that legal documents including petitions can be filed on the basis of power of attorney.  If my behaviour or mannerisms were disliked, I would not have opened my mouth.  What I wanted was that the application should have been decided on merits particularly when such a serious fraud was committed. 

·        The previous judgement/ case-law produced by the Solicitors of the Liquidators was about personal appearance and personal audience and even in that particular judgement, though the court disallowed personal audience to third party, the court had in fact decided the case on the basis of documents on record. However for reasons best known to Ms. White, she went one step ahead even to throw away the papers that I had filed.

·        I am holding the transcripts of the hearing which shows that the Judge Ms. White took a very long time to read my application. She read every bit of paper and she came to know that it was a clear case wherein the Receivers who were locals of Australia and who were white by race were committing heinous crime against the Indian family. She read the papers completely and then she decided to reject my application on the grounds raised by the Liquidators.

·        The said Judge Ms. White did not stop only at taking technical stand but she went ahead to express venom and vengeance against me personally by adding her personal knowledge into the issue. Previously, when the company was liquidated on 31st October, 2005, this very same Judge Ms .White had heard my matter in the court and a winding up order was passed for a sum of $ 7,000 even though I had personally volunteered to deposit the amount into the court on the very same day i.e. 31st October, 2005. At that time our company’s bank balance was more than $ 17,000. Nevertheless at that point of time the Judge Ms. White had rejected my plea to deposit $17,000.

·        While pronouncing her judgement on 5th June, 2006, Ms. White imported her personal knowledge and personal prejudice into her judgement and she made reference to my previous appearances before her. This clearly showed that she was prejudiced and she had personal hatred against me.

·        She read the papers and specifically inquired as to who drafted the same. The Indian lawyer accompanying me explained that the drafting was done by him. This fact is recorded in the transcript.  Thus Ms. White was aware that the papers were duly drafted and there was no harm in taking a decision on the basis of documents.  However, when she realized that action would be warranted against white persons for a crime against an Asian, she decided to take an extreme stand and hush up the matter.

·        The transcripts of the hearing held on 5th June, 2006 would not show any particular utterance against me as a person of Indian race. However, if the transcript is carefully heard, you will realize that Ms. White took a long time to read my papers and after reading my papers, she decided to throw her weight behind the Liquidators who belong to her race. Before that she did inquire about who drafted my papers.  While doing so, she could not control herself and went on recording some previous personal experiences which was not even on the records of the court. Thus Ms. White acted with vengeance, prejudice and with a feeling of racial discrimination.

·        Sir, I am not an educated person and may be that I have sometimes lacked in my mannerism and my language. However, this is not the reason to victimize my whole family to sell our property of $ 8 Mio. for a paltry sum of $ 2.7 Mio. Ms. White clearly acted with a feeling of racial discrimination against me. In Australia there is a system of recording the transcripts. Naturally, she had her own limitations in making racial remarks against me. But what is important is her conduct which was racial. I am ready to provide you with any data, including a copy of the transcript, as also a copy of the application, affidavit and written arguments, alongwith a copy of my complaint to the Crime & Misconduct Commission against the Receivers.


My Indian lawyer Mr. Sanjiv G. Punalekar would also testify as my witness. He edits a magazine named “Civil Liberties”, which is registered as a newspaper with the Registrar of Newspapers in India. He successfully fought various public interest litigations in India. The website search of www.google.com <http://www.google.com/>  with the words “Punalekar” would reveal his Public Interest Litigations (PIL) in India and his contribution to the Human Rights activities in India. When I requested the Judge Ms. White to allow him to act as my Mckanzy friend, she refused. He was a witness to the whole drama and has also seen the expressions of contempt which she showed towards me while throwing out the legitimate application filed by me as a power of attorney holder for my daughter.

A racial behaviour is not only done by words but also by action and __expression. Mr. Punalekar is my witness who has seen her contemptuous expressions and manner in which she ill-treated me. This is also substantiated by additional import of facts by Ms. White into her judgement. On one hand Ms. White threw out my application on technical grounds and on the other hand she went on making personal remarks against me which were irrelevant to the issues of the case.  It is necessary to curb such tendencies.

Australia is a multi-cultural country and is always fondly pronouncing its multi-cultural legacy. I request you to initiate action against the Judge Ms. White for racial behaviour and order enquiry into the whole episode.

I look forward to you for your quick action. I shall wait for a period of 15 days till I knock the doors of International forums, including UN bodies.

Should you require any details from my lawyer Mr. Sanjiv Punalekar, he is available on e-mail address punalekar@hotmail.com <mailto:punalekar@hotmail.com>


Thanking you,
 
Yours faithfully,              
DAYAL H. MANSUKHANI

Dear Mr Mansukhani

I refer to your email received by this Commission on 7 August 2006 in which you raise concerns regarding your daughter's case which was heard before the Hon Justice Margaret White at the Supreme Court of Queensland. You claim that Justice White behaved in a racist manner in her actions and expressions towards you and that this affected her judgement of the case.

I appreciate the time you have taken to bring this matter to our attention. The Director of Complaint Handling has assessed your correspondence and has asked me to reply and advise you of the Commission’s jurisdiction. 

For your information, this Commission is able to investigate complaints of race discrimination in specific areas of public life, including employment; education; provision of goods and services; and access to places and facilities under the Racial Discrimination Act 1975. Please note that to make a complaint of race discrimination, it is not enough that a person is of a particular race and is unhappy with the treatment that they have received in an area of public life. The person must be able to show that the way they were treated was less favourable because of their race and provide full details of the alleged discrimination. I note that you have not provided any specific details regarding the alleged race discrimination.

Also, it is important to note that acts done by judicial officers and others performing their functions, or functions closely associated with judicial function, are protected from legal action by “judicial immunity”. The scope of judicial immunity was considered in Yeldham v Rajski (1989) 18 NSWLR 48 in which Kirby P stated that judicial immunity

“is a hallmark of our legal system… that at least judges of superior courts, in performance of judicial functions, are immune from suit in respect of them. Such immunity is grounded in high public policy, designed to ensure that, in the performance of their judicial functions, such judges may act fearlessly and without the harassing concern that they will be made personally liable for the performance of their functions before another judge at the suit of a person disgruntled by the decision.”

I hope that you can appreciate the benefits of this principle and why judicial officers, and those carrying out their functions, are protected from legal suit, including claims of alleged discrimination.

The issue of whether judicial immunity extends to protection from claims brought under Commonwealth discrimination laws was specifically considered by the High Court of Australia in Re East: Ex Parte Nguyen (1998) 196 CLR 354. It found that there was no intention expressed in the Racial Discrimination Act 1975  “which suggests that it was the intention of Parliament to override that immunity”. It would appear this immunity would apply in your case. To view the decision please go to: http://www.austlii.edu.au/au/cases/cth/HCA/1998/73.html

Given the above, the Commission will not be taking any further action regarding your matter at this time. If you have any questions please feel free to contact me on 1300 656 419 or via e-mail at complaintsinfo@humanrights.gov.au. If you would like more information about the Commission's role and functions please visit our website at www.humanrights.gov.au.

Kind Regards
Alexandra Mond
Complaint Information Officer
Human Rights & Equal Opportunity Commission
Info Line: 1300 656 419 (cost of a local call)
www.humanrights.gov.au
 

I am in receipt of your mail.   I thank you for guiding me in the matter.  The judgement of High Court quoted by you indeed refers to judicial immunity and about the intentions of Parliamentarians to keep the judges immune.  However, subsequent to this judgement, there is a change in circumstances.  The Parliament of Queensland passed the Crime & Misconduct Act in the year 2001 and ensured that the judges too are governed by this Act.  Today a common man can bring the judge within the purview of this Act.   Naturally there is a change in the thinking of Parliament. The analysis that was made by the High Court does not remain applicable.  Therefore, it is necessary for the Court to apply its mind afresh. 

 

I also bring to your attention to the fact that human rights are superior to other rights. When in respect of other rights (such as those under Crime & Misconduct Act) the judges are not immune, how the judges can be immune with regard to Human Rights?  This would be particularly strange when Commonwealth of Australia is a signatory to the International Conventions on Human Rights.   When a judge is subject to liability under local laws how he would be immune from liability as per International Conventions?   I recollect that a judge in Queensland was sentenced to jail for a criminal act and this created a news story in the media.  How then a judge can be exempted for violation of human rights?  As regards racism of this particular judge, what is  necessary for you is to "hear" the whole transcript and take evidence.  Then only the truth would be revealed.

 

Regards,

 

Yours truly

Dayal Mansukhani

Complaints Info <ComplaintsInfo@humanrights.gov.au> wrote:

 

 

NOTICE TO MY ADVOCATE---

 

 

 

To,

MR. K.K.SARADCHANDRA BOSE

 

 

Under the instructions and on behalf of our clients Mr. Dayal Mansukhani, of Mumbai we have to address you as under:-

1                                            That this  Notice is  been issued to you and your  law firm in Dubai  for  initiating civil and criminal proceedings against you for deliberately spoiling the carrier of our client. And committing the following torts, wrong, offence, breach of trust, misdemeanors.

2                                             That when our client was in Australia , you deliberately spoilt his legal cases. In the case between our clients and Mr. Raj Bernard, as when the Court had appointed Accountant to go through the accounts and give a report to the Court so that the Court would come to know about who owes how much amount to the other party. At that point of time our client had a decree against opposite party Mr.Raj Bernard. However due to the erroneous records given by you to the Court appointed Accountant, not only his decree was reversed but a decree was slapped on him. I went on asking particulars from Mr.Bose to know as to what records he had given to the Court appointed Accountant. However, he did not respond. This is because he probably knew that once he provides me all the papers, I would surely know that because of his concealment of documents from the Court I lost the case. Hence he has deliberately not responded to me.

 

The misconduct of Mr.Bose does not stop merely at spoiling my legal cases but he also discouraged me deliberately from entering into Dubai . He sent me a message falsely claiming that a warrant has been issued against me in Dubai . This message was sent to create a fear in my mind that I will be arrested if I came over to Dubai . However in reality, he was trying to keep me away so that he could spoil my legal cases without giving opportunity to me to protect my interest. A copy of the message sent by him to me is attached herewith.

OFFENCES / CRIME OF MR.BOSE

He sent me false message to create fear that I will be arrested.  His intention was that  I would not come to Dubai and I would not know about his conspiracy.

Mr. Bose deliberately misled the Court appointed Accountant and he did not properly submit the documents to him thereby resulting in adverse report by the Accountant to the Court.

 

MY PROPOSED ACTION

Once I establish the above two propositions, I will be in a position to obtain orders from Criminal Court in Mumbai to register criminal complaint against Mr.Bose and to seek personal attendance of Mr.Bose before the Court. However by filing this complaint I need the following documents:-

 

i)                    Documentary proof that no warrant was issued against me.

ii)                   Documentary proof that Mr.Bose indeed did not submit the required documents to the Court appointed Accountant in Dubai .

iii)                 As regards (i) above, it may be noted that Dubai Police have their own website on which names of persons against whom warrants are pending are displayed. Therefore it is necessary for me to first obtain certificate from Dubai Police which shows that during the relevant period when I received email from Mr.Bose, my name was not appearing on their website and that the communication from Mr.Bose was a false communication.

iv)                 Secondly, I need the letters addressed by Mr.Bose to the Accountant enclosing various documents in support of my case. These communications may be either in the form of applications/ affidavits or in the form of even forwarding letters. This can be obtained by conducting a search of the Court records and by taking certified copies. I enclose herewith the soft copies of communications sent by me to Mr.Bose as well as the law firm. From the same, nature of papers that I have handed over to Mr.Bose will be clear. I am also enclosing soft copy of email sent by me to Standard Chartered Bank (SCB) which will reveal that the deal between me and Mr.Raj Bernard extended to the transactions that took place with SCB. If papers submitted by Mr.Bose to the Court -appointed Accountant did not cover these transactions, then I would be in a position to show to the Criminal Court in India that Mr.Bose deliberately suppressed vital data from the Court appointed Accountant. It may be observed from the notice sent by me that Mr.Bose was also appearing for me in various criminal cases filed against Mr.Raj Bernard and in these criminal cases, Mr.Raj Bernard had clearly admitted his liability and had sought for only more time and also pleaded that these cases should be tried in a civil court. Mr.Raj Bernard never disputed his liability and infact admitted his liability. This is a matter of record before those respective courts. It is necessary to inspect the Court records to see whether Mr.Bose submitted the papers and proceedings of those Courts to the Court appointed Accountant. In other words, Mr.Bose was required to give entire picture to the Accountant appointed by the Court in Dubai covering dealings with SCB, papers and proceedings before the criminal court, statement of account sent by me to Mr.Bose wherein the transactions with Mr.Raj Bernard were reflected, etc. Therefore someone should conduct proper search of the records of Dubai Court to make an assessment as to what exactly Mr.Bose submitted to the Court appointed Accountant. Thereafter certified copies of the relevant application/ forwarding letters should be obtained.

 

Certified copies of the above documents showing that Mr.Bose actually submitted inadequate date to the Accountant appointed by the Court, coupled with documentary proof from Dubai police that there was no warrant against me when Mr.Bose threatened me about the warrant would be a sufficient evidence for me to apply to the Criminal Court in India and obtain orders against Mr.Bose. I need some competent person who will first obtain a certificate from Dubai Police at a reasonable cost. After reading this communication let such person give me a very reasonable estimate of his cost for obtaining certificate from Dubai Police. I am ready to pay 25% to 50% of the amount as advance. Once he gets certificate from Dubai Police, both of us will have mutual confidence. Thereafter I may ask for estimate of cost for obtaining certified copy of the forwarding letters/ applications with regard to the papers that were produced by Mr.Bose to the Accountant. Here again I am ready to pay 25% to 50% of the amount of quotation as advance. Incase any forwarding letter is not available in the court, then I should be advised about alternate course. For example, if the Accountant’s report lists out the particulars given to him by Mr.Bose, then the report itself will be a prima facie evidence about what documents Mr.Bose handed over to the Accountant. In that case, I may be forwarded a copy of the Accountant’s report so that the same can be relied upon before the Indian Court .

 

Last but not the least, as I will be submitting the documents before the Indian Court , I will be required to submit English translation from the original Arabic version. Therefore apart from giving me fee quote for about two jobs, I should also be given a reasonable estimate of per page translation cost. Needless to mention that the translation should be proper and authentic since the Indian Court will be heavily depending on the same. Please forward me the estimate for the above alongwith the time frame within which the work can be done. Please note that time is the essence of the matter. I need certificate from Dubai Police atleast within next 2-3 days. Thereafter atleast within 3-4 days I should get the remaining requirements establishing what documents Mr.Bose produced before the Court appointed Accountant.

In addition, one important aspect on which I would be implicating Mr.Bose  is the delay factor. It is my action against him that he deliberately kept me in dark. I suspect that even when he was aware of adverse report from the Accountant, he deliberately did not inform me in time. Therefore while conducting the above search, the following should also be verified:-

 

1)      On which date the Accountant submitted the report to the Court ?

2)      On which date Mr.Bose became aware of the report ? (For example in the hearing held immediately after submission of the report). There may be mention about the report and in such hearing that Mr.Bose or his associate lawyer may be present.

3)      Alternatively, acknowledgement of law firm of Mr.Bose may be available in the court records. I also need investigation into this aspect alongwith documentary proof so that I can confidently go before the Criminal Court in India with an allegation that time gap between submission of report to the Dubai Court and reporting of factual finding of the Auditor to me was so much long that it completely damaged my remedy.

 

Particulars of existing lawyer against whom I have a grievance:

K.K Sarachandra Bose

Corporate, Commercial & Contract Lawyer

Dar Al-Adalah

Advocates & Legal Consultants

P.O. Box. 15878, Dubai, UAE

Tel: (00971-4) 3355577/ Fax: 3354000/ Mobile: (00971-50) 6245087

www.daraladalah.com

aladalah@aladalah.com, boselaw@boselawl.com, boselaw@hotmail.com

 

Please treat this as most urgent.

 

Thanking you,

Yours truly,

 

DAYAL  H. MANSUKHANI

 

 

Copy of communication sent by me to Dubai Police today is appended herebelow:

 

To,

THE POLICE HEADQUARTERS

DUBAI POLICE

U.A.E.

mail@dubaipolice.gov.ae mail@dubaipolice.gov.ae

 

Sub.: Request for assistance in providing information about warrant issued by Dubai Police.

 

Dear Sirs,

 

I am an Indian citizen who was in Dubai for more than 25 years. I left for Australia in the year 2002 and after staying for four years in Australia I have now come to India .

 

When I left Dubai there was absolutely no warrant or decree/ judgement against me. I had certain civil and criminal proceedings against one Mr.Raj Bernard who was previously having business transactions with me. After I left Dubai , I was monitoring my legal cases through Mr.K.K.Saradchandra Bose (An Indian Lawyer in Dubai ). However later I discovered that Mr.Bose did not handle my cases properly and infact misled me by sending me wrong information from April, 2003 onwards while at the same time spoiling all my legal cases in Dubai . In April, 2003, Mr. Bose sent me a message that there was an arrest warrant against me. He thus discouraged me to come over to Dubai . This created difficulties for me in coming over to Dubai and assisting in my legal cases.

 

Today I have discovered that in my absence, Mr.Bose spoilt my legal cases and in fact he did not submit various documents and records which were required to be submitted to the Court appointed Accountant and as a result, in place of decree/ judgement earlier obtained by me, an adverse decree and judgement has been obtained by Mr.Raj Bernard against me. I now propose to return to Dubai . I have highest regard and respect for UAE in general and Dubai in particular.

 

Any person who is absconding would generally not stake his life and money when he learns about pending warrant. However, I have made up my mind that in respect of court disputes, I shall offer to the court full amount of dispute claim by obtaining finance from my friends, well wishers and relatives. Thus I am risking my person as well as my funds that I would be depositing. I believe in the legal system of UAE and I am confident that I will get justice. However, I need your assistance to get the correct information. I enclose herewith a copy of the email  received by me from Mr. Bose wherein he clearly mentions that there is an arrest warrant against me and my name appears on the website of Dubai Police.

 

I need the following information from you:-

 

1)      Whether any warrant was issued against me ? If so, when was the same issued ?

2)      Whether any warrant is pending against me as on date ? If so, please give details of the Court cases.

3)      Whether any warrant was really issued against me in the period between April, 2003 to December, 2003 ? If so, the details of such warrant.

4)      If the answer to Question No.4 above is in affirmative, then whether my name appeared on the website of Dubai Police and if so, the details of entries on the website. (I do not find my name on the website as on date. Hence this question.)

 

If there are any prescribed fees for the above enquiries, please let me know. 

 

I rest assure that I shall forthwith make payment through internet by using my master card. If you require payment either in cash or by cheque, I will instruct one of the persons in Dubai (who are close to me) to personally come to your office and deliver cash or cheque.

 

However, please treat this matter as urgent and reply me by return email.

 

Sir, I would like you to appreciate that I am fighting only for justice. It is necessary for me to wash off the stigma on my character and I need your assistance for this noble cause. It is necessary for me to reopen the case as early as possible by proving my bonafide to the Court. For this purpose I am seeking this lawful assistance from you with all sincerity.

 

Apart from replying to the above queries, if you could issue me a certificate that during the period from April, 2003 to December, 2003 my name did not appear on the website of Dubai Police and no warrant was pending or issued against me, it will be of great help to me in filing truthful and correct affidavit before the Court of Law to explore the conspiracy against me by my opponent alongwith my lawyer.

 

Thanking you,

 

Yours truly,

 

DAYAL H.MANSUKHANI

 

Encl.: a/a.