I Witness: Partial Observation of the DHFL Scam by the victims [from their WOR(L)D WITHIN]: requesting for your kind advocacy: a letter to Mr. Kapil Sibal

Posted on 13/08/2021

To 

Mr. Kapil Sibal, 

The Honourable Member of the Parliament, Rajya Sabha

Former Honourable Minister,

The Ministry Of Science & Technology,

The Ministry Of Human Resource Development,

The Ministry Of Communications & IT,

The Ministry Of Law & Justice

Sub: I Witness: Partial Observation⤡ of the DHFL Scam by the victims (from their WOR(L)D WITHIN ⤡): requesting for your kind advocacy

Dear Poet, Player, Performer, Politician and Pleader, our beloved P5,

PART-I: GAME OF CRICKET: I WITNESS

We, the Dewan Housing Finance Corporation Ltd (DHFL) FD-NCD-holders’ team, are hit by the repeated bouncers by the RBI-appointed Committee of Creditors (CoC) for DHFL under the newly introduced IBC 2016.

We are gravely injured by the cricket ball faster than 161.3km/h.  Our docile bodies have crossed the threshold of our tolerance level. We are crippled as we possess no de facto helmets, jockstraps/abdominal guards or impact resistant cups, leg pads, elbow guards, gloves, arm guards or chest guards. Moreover, there are no de facto first-aiders and stretcher-bearers, who would take us to the physicians.   

Why are there so much bouncers per over? The International Cricket Council (ICC) introduced a “two bouncers per over per batsman”, with a “two-run no-ball penalty” if the bowler exceeded two bouncers an over. Now who will bell the cat? Who will penalize? The umpires are busy with their itching palms (Rs. 1 Crore+ for them!)—they are not looking at the bowler’s step, who is overstepping the crease (“Partial” Observation???). We are not only wounded by the short pitch balls, repeated Larwoodian bodyline bowling with no balls that are ignored by the vigilant umpires (or emperors), our three stumps have also been completely knocked out.  

We are impelled to play test match series one after another without any breathing-spaces. There is no question of T20-Twenty or even one-day match. 21 COC meetings/test matches are over within the last 22 months. We are going to be vanquished or simply extinguished—just waiting for the third umpire’s politically appropriated, approximated, pre-codified and pre-determined decisions.

Since we, the DHFL-FD-holders’ team, are always compelled to play the last innings of the match, we have to follow the ascribed rules and regulations of the Duckworth–Lewis–Stern method (DLS) ⤡  or IBCNHB Act ⤡, Companies Act RBI Act  in our rainy days. We are running out—time is also running out fast. That is our halting point: world-wide catastrophic pandemic (with inflation due to contraction of GDP by 24% in April to June, 2020). Our target has increased, though we, the DHFL-FD-NCD-holders’ team, do not know the rationale of such logico-mathematics of such legal provisions.

Alas! We, the DHFL-FD-NCD-holders’ team, are not united in solidarity. We are sledging our own players; we do not really believe in each other as some people are fishing in the troubled waters. 

We, the DHFL-FD-holders’ team, are appealing to you to kindly rescue us from such catastrophic state-of-affairs by regulating the regulatory authorities with reference to the DHFL scam.

Please note the two hyperlinks given below to the “white paper” with relevant documents for litigation on the DEWAN HOUSING FINANCE CORPORATION LTD. (DHFL) Scam. We are requesting your kind advocacy and intervention for the ongoing legal battle in this regard. 

 A WHITE PAPER ON THE DEWAN HOUSING FINANCE CORPORATION LTD. (DHFL) VIEW HERE ⤡ 

NON-APPLICABILITY OF IBC 2016 ON DHFL SCAM (WITH RELEVANT DOCUMENTS FOR LITIGATION) VIEW HERE ⤡

According to our common sense, we have understood that it is a case of daylight looting of an ongoing, solvent company by depriving all the public investors that include FD and NCD Holders. 

PART-II: THE REALM OF POETRY: MY WOR(L)D WITHIN 

Dear Poet, we are too happy, when we got the news that Kapil Sibal dons the hat of a Poet at  Jamia Millia Islamia (March 27, 2012)We are also happier to know that as a young performer, you had played many plays. Remembering the occasion at the Jamia Millia Islamia, where you had recited a  soliloquy from Shakespeare’s Richard III, we are here dare to present a parody of Mark Antony’s speech (from Shakespeare’s Julius Caesar) amalgamating it with some lines from Shakespeare’s Henry IV as well as the Hamlet to depict the contemporary political scenario and the DHFL Scam simultaneously. You know very well that sarcasm (or satire) is the one of the best non-violent weapons against autocracy [cf. India Is No Longer a Democracy but an ‘Electoral Autocracy’: Swedish Institute  (As reported on 11th March 2021, © The Wire). The Freedom House also dropped India from the list of “Free Countries” in its annual report entitled Democracy under Siege VIEW HERE . India is now only ‘partly free’ under Modi, says report  (As reported on 3rd March, 2021 © BBC News)] and ramshackle judiciary [cf. Judiciary ramshackled, going to court is useless: Ex-CJI Ranjan Gogoi  VIEW HERE  (As reported on 14th  February,  2021 © The Indian Express). Mukul Rohatgi, Ex-Attorney General of India, the deux ex machina behind our miseries,  said in the NDTV interview (12/11/2020) by reiterating Hon. Justice Krishna Iyer, “Jurisprudence has gone astray, seem jail is rule, bail exception.”]

Therefore, in this context, we are presenting you a parody:

Friends, Indians , countrymen, lend me your ears;

I come to bury cunning Piramal, not to praise him.

The evil that men do lives after them;

The good is oft interred with their bones;

So let it be with AAP (Adani-Ambani-Piramal).

The wretched of the earth

Hath told you Piramal is ambitious:

If it were so, it is a grievous fault,

And grievously hath Shaktikanta answer’d it.

Here, under leave of Modi-Shah and the rest–

For Nirmalaji is an honourable woman;

So are they all, all honourable (wo)men–

Come I to speak in COC’s funeral.

They  are my friends, faithful and just to me:

But we say Piramal is ambitious;

And R. S. Kumar is an honourable man.

He hath done a stupendous task for small investors.

Whose ransoms did the general coffers fill:

Does this in Piramal seem ambitious?

When that the poor have cried, Modiji hath wept:

Ambition should be made of sterner stuff:

Yet we say Piramal and Modi-Shah gang are ambitious;

And Modi-Shah-Shaktikanta are all honourable men.

You all did see that on the funeral of the COC,

We twice presented Modiji a kingly crown,

Which he did accept it for the welfare of all of us: was this ambition?

Remember that uneasy lies the head that wears a crown. As a king, Modiji has the Sword of Damocles hanging over his head.

Yet we say Piramal is ambitious;

And, sure, Dawood-Mirchi-RKW-DHFL-BJP Collusion is an honourable attempt for bereaving the retail small investors.

I speak not to disprove what NCLAT spoke,

But here I am to speak what I do know.

You all did love the ruling party, not without cause:

What cause withholds you then, to mourn for a valley of death?

judgment! thou art fled to brutish beasts,

And men have lost their reason. Bear with me;

My heart is in the coffin there with COC,

And I must pause till it come back to me.

We, on behalf of all the victims of DHFL Scam, are requesting you for your kind advocacy not only for Mr. Kapil Wadhawan, but also for the wretched of the earth, the DHFL Scam victims, whose human rights are infringed. They cannot afford the cost of the legal cases. They are not so rich to reach your space of justice [Poor get gallows, rich mostly escape VIEW HERE  (As reported on 21st July, 2015 © The Times on India)].    

For you, as you know P5, are our angel.
Judge, O god of justice, how dearly we lov’d this space of freedom!
This CoC is the most unkindest cut of all;
For when we saw ourselves being stabbed,

Ingratitude thy name is the King’s crony-gang of two,

more strong than royal traitors’ arms,
Quite vanquish’d us: then burst our mighty
hearts. . . 

We are confident enough that you, our beloved P5, will win the case and then we can recite with you the following immortal lines of the Bard of Avon:

O, what a fall was there, my countrymen!

Then I, and you, and all of us fell down,

Whilst bloody treason⤡ flourished over us.

Oh, now you weep, and, I perceive, you feel

The dint of pity. These are gracious drops.

Kind souls, what, weep you when you but behold

Our Caesar’s vesture wounded? Look you here,

Here is himself, marred, as you see, with traitors.

Hoping for the rainbow coalition for dethroning the sceptre of plutocracy.

Yours Sincerely,

Dr. Debaprasad Bandyopadhyay

Mrs. Rupa Bandyopadhyay

Mr. Akhar Bandyopadhyay

A Victimized Family of Bewildered, Beleaguered, Perplexed, Anguished, Anxious, Hapless, Helpless and Ailing DHFL FD Holders

ON BEHALF OF ALL ANGUISHED, AILING DHFL FD, NCD AND SHAREHOLDERS  [USUAL DISCLAIMERS APPLY] 

बहुजनहिताय बहुजनसुखाय च॥

(“For the happiness of the many, for the welfare of the many”)

7 Comments

  1. Even Charu Desai is witnessing by her Act of dictating the decision rather than seeking FD holders mass understanding before attending the meetings. Even NCALT has given time to Piramal for their smooth execution of RP by fixing date on 16th Sep 2021 for FD holders whats the difference NCALT found between FD & NCD holders that they required two dates at an interval of two month. Even the time has been bought for Bond issue of Rs 1000 crores by Piramal during this period to arrange the money for executing RP and all are facilitating in these procedures to Piramal.

    Liked by 2 people

    1. Why is Mrs. Charu Desai indefinitely postponding the DHFL bankruptcy process in the CoC meetings and consuming cost of Rs.7 lakhs per month and not helping the DHFL Fixed deposit holders to get their money back (wilful procrastination???) — Question asked in the Quora

      One of the answers given by Jayaraman Raju, former Banking IT Consultant, is like the following:

      “I think you are aware of the story about the two cats fighting over a pancake (dosa/roti) and the monkey takes the role of the adjudicator; the bankruptcy case too is similar to that; the fight is between the company and the creditors; the creditors would like to get back most of their funds, while the company pleads its inability to repay the loans; the assets of the company also not sufficient to pay back the creditors; in the bargain the people who are conducting the adjudication process get their pockets duly filled — mind you, it is not the company alone which is meeting the cost of adjudication, but the creditors too, because this has to come from the common kitty;

      If you trace the implementation of laws, from time to time, you will find that the creditors have lost most of their funds due to the defined processes; the reason is that the govt is not determined to take action the people who are behind the defaulting companies; the corporate law provides for “lifting of the veil” in case the management commits any act detrimental to the stakeholders (read shareholders)… the same can be extended for borrowings by the company too; now what is happening is that many of the management bosses are walking free while the shareholders and the creditors are on the roads — both have lost their investments to a considerable extent;

      Once I happened to witness a scene in which a cop was troubling, on the road, a ‘lady’ from the flesh trade’; the lady pleaded a lot, but the cop was unrelenting; unable to bear the torture by the cop, the lady put her hand inside the shorts (those days the cops used to wear Short Khakis, and starched ones too — you can guess how easy it was for her to enter the insides), and held the nuts hard; the cop started howling and when the lady demanded money from him to release her hold, much to the amusement of the crowd around them, the cop fished out all the notes in his pocket and gave it to her; sorry, if I have hurt anybody’s sentiments; but we have a great lesson to learn from this; catch the culprit where it hurts, and he will spill out all the beans — all these laws would become redundant, but is our corrupt govt capable of doing it?”

      https://www.quora.com/Why-is-Mrs-Charu-Desai-indefinitely-postponding-the-DHFL-bankruptcy-process-in-the-CoC-meetings-and-consuming-cost-of-Rs-7-lakhs-per-month-and-not-helping-the-DHFL-Fixed-deposit-holders-to-get-their-money-back

      Liked by 2 people

  2. Since 2 years for welfare of all and hale and healthy sake Debaprasad Bandyopadhyay sir with your knowledge and sincere fighting with your expressing way of strong writings on all DHFl FD holders behalf as a sufferer and support I bow my head to you 🙏🏾 Really these many people in different ways we are fighting for only our hard earned and just our own s littile money sake. To lead a respectable life we earned this money so many struggles and so many failures and lot of hard ships facing to grown up children and health issues fasing now why the sharks want to eat this and swallowing us I don’t know like me how many crying they don’t want we helpless people 🩸 bloodshed tears why they don’t see I want my money back .enough is enough allready since 2 years they earned on our principal interest at least now give back our hard earned money fully. Yes sir we all are trying to woke up this ears eyes and mouth closing rulers and in your way trying to you to tie the bell to cat one more time sir weather if we reached success your efforts are 🙏🏾👏🙏🏾 I am impressed the way of your fight thanks is less

    Liked by 2 people

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