|
BY COURIER & REGISTERED MAIL
24 August 2009
The Zonal Chief Habib Bank Limited
Zonal Office
Hyderabad
Suit Nos: 1) 5323 of 2008, 2) 5324 of 2008 & 3)
5325 of 2008, Habib Bank Limited, Branch at Thatta
Dear
Sir
With reference to the above
cases, {In the Court of Banking Judge No II,
Hyderabad, Suit Nos: 1) 5323 of 2008, 2) 5324 of
2008 & 3) 5325 of 2008, Habib Bank Limited, Branch
at Thatta (Plaintiff) Versus Abid Hussain S/o
Abdullah B/C Jatoi (Defendant), Muslim, Adult, R/o
Goth Beto Jatoi, Taluka Mehar District Dadu AND
Others}, where the other (Actual) Guarantors in the
Agriculture Loan case namely Mr. Burzin Pajnigara
and Mr. Bashir Lehri have been completely
disregarded by both Habib Bank Lawyers and the
Honourable Judge of the Banking Court II, Hyderabad
and were not called to testify in the court
proceedings. It is indeed strange that both
guarantors had signed the loan documents were never
called and the Honourable Judge of the Banking Court
passed judgment without hearing these two.
We would like to
submit details of the present address and businesses
of Mr. Burzin Pajnigara (also known as Burzeen and
Barzeen Pajnigara) in Canada. Mr. Bashir Lehri
resides in Hyderabad and his whereabouts can easily
be traced if your bank wishes to pursue this matter
seriously and bring the actual culprits to justice.
Formerly known as Burzin Pajnigara, Barzeen (his
latest alias) is a Parsi Pakistani National, holding
Government of Pakistan, National Identity
Card/Overseas Pakistanis # 423018740114-3, under the
second name of BURZEEN PAJNIGARA, presently residing
in Cooksville area, Ontario, Canada and a member of
the Mississauga Parsi -Ontario Community Foundation.
He graduated from Bai Virbaiji Soparivala Parsi High
School in 1975, where his name is listed as Burzin.
The latest name and
address are other details are:
BARZEEN
PAJNIGARA
S M Trading House Inc
1118 Fleet St Mississauga, Ontario L5H 3P7
Canada
Phone 1: (905) 274-7002
Phone 2: (905) 274-7003
Phone 3: (905) 890-7003
Cell:(416)887-0403
Barzeen Pajnigara (aka Burzin and Burzeen) is
running a thriving Insulation, Air conditioning
contractor, cooling, heating and ventilating
business
under the name of S. M. Trading House in Ontario
Canada. He is also a distributor of Insulation
Material for a Multinational Group in UAE and
regularly imports thousands of Dollars worth of
Rubber Products and Insulation Materials from them.
As such he provides both products and services and
is running a thriving business.
Barzeen
Pajnigara, son of Minoo and late Silloo Pajnigara
(Karachi), married Parivash Kadkhodai, daughter of
Jamshed and Mehroo Kadkhodai (Mumbai, India)
Mississauga, ONT on October 29, 2006. Mrs. Parivash
Pajnigara is a practicing doctor in Canada and a
partner in S M Trading House Inc., where she also
does business and regularly holds exhibitions of
Hand painted t-shirts, bed sheets, table cloth and
towels.
As such, Barzeen
Pajnigara, being the main Guarantor in the above
Agricultural Loan and also being a partner in the
same land with a holding of about 200 acres and more
than capable of paying off the entire loan, should
be brought to task in the name of Justice. It is
time that Habib Bank changes its present immoral and
unethical course of victimizing Mr. Khalid Memon and
going after the real culprits. This would be the
righteous thing to do.
This information is not relevant to the case but it
shows the low moral values of Barzeen (Burzin)
Pajnigara. He has still not paid for goods imported
by him on credit from a friend and benefactor’s
company in the UAE. If Barzeen can steal from a long
time friend, supporter and benefactor, what is he
capable of, if you are not his friend?
You can also check all details on my client's
website
http://www.healthpk.com,
where documents, emails, letters and audio
recordings prove beyond any doubt of my client's
innocence and also proves that Dhani Bux Jatoi and
his family were the actual beneficiaries of the
entire Agricultural Loan. Dhani Bux Jatoi is
presently residing at House No. A-14, Park View,
Phase I, Qasimabad, Hyderabad and has been a partner
by default since the sad demise of his father in
1997 and in full control of the mortgaged land /
fish farm since 2002. This is common knowledge and
can be confirmed from numerous sources.
As such, notices
should have been issued to Dhani Bux Jatoi.
It is not our job to track
down or provide details about the real perpetrators,
but as your staff is sat down twiddling their thumbs
and lack basic common sense, we had to step in.
Now that you have all the details and with the vast
resources at hand including your representatives in
Canada and the option of writing to the Canadian
Government, your inaction now in this matter would
prove beyond any doubt your intentions to carry on
victimizing the innocent and doing great injustice
and worst of all, further ruining the reputation of
your bank.
Anyway, due to lack of faith in your ability and
keeping in mind your vested interests, we have
already started our own proceedings against Mr.
Barzeen Pajnigara by informing the Canadian
Authorities and by hiring a lawyer through “Legal
Aid Ontario”. Naturally costs would be incurred in
such matters which would be claimed from your bank
when the matter for defamation and damages goes to
High Court.
We would also like to draw your attention to a very
important matter stated below, details and pdf
copies of which can be seen on my client’s website
http://www.healthpk.com:·
My client sent a notice to
Dhani Bux Jatoi and Burzin aka Burzeen/ Barzeen
Pajnigara via Registered Post & Courier on 6 March
2007 regarding the cancellation of the informal
agreement due to repeated payment defaults for sale
of 170-34 Acres (Machol Lake), the same land that
was to be auctioned by Habib Bank Limited.
When my client
received the acknowledgement due receipt from Dhani
Bux Jatoi for the above notice but NO REPLIES, he
hired an advocate Mr. Abdul Qayyum Abbasi from
Karachi who sent legal 7 day notices to both Dhani
Bux Jatoi and Barzeen (Burzin) Pajnigara on 10 Sep.
2009 claiming immediate payment and damages against
the purchase of Khalid Memon’s Share of the land.
Once again, no replies were
received nor any objections raised by Dhani Bux
Jatoi and or Barzeen (Burzin) Pajnigara.
In continuation to
the Legal Notices by Registered Post & Courier to
Burzin Pajnigara and Dhani Bux Jatoi by Abdul Qayyum
Abbasi, legal counsel for Khalid Memon dated 10 Sep
2007, to which no replies were received, my client’s
previous advocate issued a Public Notice Letter to
Daily Kawish for publication.
A Public
Notice was published in Daily Kawish 23 Sep 2007.
This notice was with
regards to ownership of the land, cancellation of
the informal sale agreement and if anyone had any
objections or claim to the land, they should reply
within 7 days and the advocates address.
Dhani Bux Jatoi and
Burzin Pajnigara have failed to reply to these
notices to date and no objection of any kind
whatsoever have been received to date from any
person (s). This is the same land that Habib Bank
wants to auction.
My client’s case is
an open book. He has proved to everyone beyond any
doubt that he is the sole, absolute, exclusive,
rightful and lawful owner through Registered
Irrevocable General Power of Attorney Serial Nos. 88
& 89 dated 29-01-1995 (Sub-Registrar Sujawal) in the
Agricultural Land total admeasuring 165-26 Acres,
and also owner of Agricultural Land admeasuring 5-08
Acres, totaling 170-34 (One hundred seventy acres 34
ghuntas) consisting
upon:
(a)
Survey Nos. 532 to 538 and 540 Share Full total area
19-15 acres, Survey Nos. 388 to 441 & 483 Share 0-25
area 69-29 acres, totaling 89-04 acres, (b) Survey
Nos. 244, 262, 261, 272, 273, 635, 270, 274, 390,
387, 388, 389, 257, 256, 255, 260, 263, 264, 267 and
268 Share Full total area 76-22 Acres and (c) Survey
Nos. 277 and 275 Share Full total area 5-08 Acres,
situated in (a) Deh & Tapo Gulbaher, Taluka Sujawal,
Sub-District Mirpur Bathoro, (b&c) Deh Layaro,
Tapo
Walhar, Taluka Sujawal, District Thatta, Sindh.
This is the same land that Dhani Bux Jatoi and
Barzeen (Burzin) Pajnigara agreed to purchase from
my client on 10 January 2007, paid part payment and
then defaulted and the deal was cancelled. Mr. Abu
Baker Shaikhani, a reputable businessman of UAE was
a witness to the whole proceedings and even signed
the informal agreement as a witness. This is also
the same land that you, Habib Bank Limited, wanted
to auction by forging loan documents showing my
client as a Guarantor and showing Jatoi’s as the
owners, whereas the true and proven facts are
completely reverse. My client is not a Guarantor but
he is the legal owner of the above mentioned land.
Yours Sincerely
Muhammad Ishaq Qureshi
Advocate
Copy to The Press Officer
Agha Khan Foundation
for Economic Development (AKFED)
Copy to Special
Complaint Cell, Supreme Court of Pakistan
Copy to Mr. Sultan Ali Allana, Chairman, Habib Bank
Limited
Copy to Reporting Economic Crime Online (RECOL),
Canada
Copy to our Lawyer in Mississauga, ON, Canada
|
|