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) consistingupon:(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
Habib Bank Top Brass trying to Influence Court’s Decision -
Friday, 17 April 2009
Aga Khan Development Network - AKDN
Aga Khan Foundation for Economic Development
Email to
Press Officer, AKFED - The Aga Khan Foundation at: information@aiglemont.org
It has been learnt from very reliable sources inside the
bank, that the top brass of Habib Bank limited, Pakistan,
are trying to influence the decision of the Banking Court
and other concerned offices, in the fraud and forgery case,
presently being heard “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".
My lawyer agrees with the above information that recent
events, delays and indecisions have also led him to believe
that someone is busy manipulating. My lawyer has informed me
of the High Profile Nature and Seriousness of this case,
considering the amount of strong evidence we have against
Habib Bank.
I, Khalid Memon, seek justice from the highly esteemed
organization of His Highness, The Aga Khan Foundation for
Economic Development.
(AKFED), Department of Communications Secretariat of His
Highness the Aga Khan
I would go to the ends of the Earth to seek Justice if
denied and of course now the Pakistan Judiciary is Truly
Independent, there is always the option of the Independent
Media, the High Court and finally the Supreme Court.
My lawyer has been provided with multiple irrefutable proofs
that the documents of the loan have been tampered and
forged. The whole Habib Bank Highly Controversial Loan Case,
documents, recordings, proof of forgery and correspondence
etc., have been uploaded to my personal Weblog, Khalid’s
Blog @ http://www.healthpk.com.
By wrongfully influencing any Court's decision should be a
NO GO area for a reputable bank, especially Habib Bank and
considering that it is a part of AKFED renders these moves
to be totally immoral and unethical. Two wrongs do not
make a right.
I sincerely hope that this grave matter is brought to the
attention of your organization and that the Top Brass of
Habib Bank are reprimanded and refrained from such nefarious
activities in future.
Justice delayed is Justice denied.
Written Complaint of Fraud & Forgery
to Mr. Asim Akhtar, GM, Habib Bank Limited, Head Office,
I I Chundrigar Road, Karachi, dated 21 Jan 2009
Khalid Ahmed Memon
Cell: 0300 8281456
BY COURIER (OCS)
21 January 2009
Habib Bank Plaza Head Office I.I.Chundrigar Road
Karachi 75650, Pakistan
FAO: Muhammad Asim Akhtar, GM
FOR INFORMATION ONLY
Dear Sir
FRAUD AND FORGERY COMMITTED BY HABIB BANK STAFF AT
SUJAWAL, THATTA & HYDERABAD
First of all, I have great respect for one of the
oldest banks of Pakistan, namely Habib Bank Limited. As
far as I can remember, we have always banked with HBL,
District Council Branch, Hyderabad, as early as 1968. We
were then operating an current account in the name of
‘Shehbaz Petroleum Service’ Station Road, Hyderabad.
The matter below is of a very serious nature and is
self-explanatory. All details are factual to the best of
my knowledge. Details of the case are attached.
As mentioned above, this is for your information
only.
Yours sincerely
Khalid Ahmed Memon
The Case
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
EMAIL TO AKFED (His Highness the Aga
Khan Foundation for Economic Development)
Subject: FW: Habib Bank Limited
Pakistan
Press Officer
Department of Communications
Secretariat of His Highness the Aga Khan Aiglemont 60270
Gouvieux FRANCE
It is with deep regrets but I
wish to bring to your notice details of this sordid
affair and the conduct of the staff at Habib Bank
Limited, Thatta and Hyderabad branches, Sindh, Pakistan.
I have high regards for your esteemed organization and I
do understand that you bought 51% share in Habib Bank
Limited on or around 26 February 2004, long after the
alleged forgery, misrepresentation and fraud carried out
by Habib Bank staff, which took place in the year 2000.
I am hopeful that an impartial
inquiry will be conducted to ascertain the true facts of
this Loan case. The article below was written by a
friend.
Best regards
Khalid Memon Cell:
+92 300 8281456
Habib Bank Limited
Article is based on Excerpts taken from news
published in Daily Juraat Newspaper of 19 December 2008
and through interviews with various persons involved in
this case.
In 1994, Late Senator Aijaz Jatoi, Khalid Ahmed Memon
and Burzin Pajnigara decided to form a Joint Venture
Fish Farm with equal shares and purchased a natural lake
in Sujawal, Thatta, Sindh, Pakistan. The total area
exceeded 500 acres.
In 1995, Senator Aijaz Jatoi decided to obtain a loan
from the local branch of Habib Bank Limited for his
personal use and succeeded. The loan was wrongfully
obtained through political influence from Habib Bank
Ltd,. Sujawal Branch, Thatta, against mortgage of
agriculture land / Fish Farm of 3 employees (Abid,
Manzoor and Altaf, all Jatois), who had already given
the Power of Attorney of the mortgaged land to Mr.
Khalid Ahmed Memon as his rightful share in the Fish
Farm Joint Venture. As Khalid Memon was a defaulter in
Habib Bank Loan to Sindh Motors Gasoline Station,
Hyderabad, he could neither take a loan nor be a
Guarantor for any bank loan, even though Khalid Memon
had sold off his share of the Gasoline Station, he was
still listed as a Partner. The Sindh Motors loan was
later fully paid to Habib Bank Limited.
As such, Burzin Pajnigara and another friend Mr.
Bashir Lehri signed the loan agreement as the two
guarantors required by the bank. Khalid Memon and Farm
Manager Master Ahmed Mallah were asked to sign as
witnesses, even though there was no indication of any
witnesses signatures required on the original loan
agreement nor was there any designated column for
witnesses.
On the Bank Manager’s insistence, Khalid Memon and
Master Ahmed Mallah signed on the top right hand corner
of the loan agreement.
Senator Aijaz Jatoi sadly passed away in September
1997. Habib Bank staff started pestering Khalid Memon to
pay off loan and visited
his residence several times in 1999. Khalid Memon
reminded them that he was not a guarantor and that they
were fully aware of the recipient of the loan. Then HBL
Zonal Branch Hyderabad took the matter to the Banking
court and wrongly included the name of Khalid Memon as
Defendant. A notice was also published in a local
newspapers wrongly incriminating Khalid Memon. And
finally Khalid Memon was ordered by the Banking Court to
attend a hearing. Khalid Memon sat outside the
Banking Court office bench like a common criminal for 3
hours before his name was shouted out. The Judge was
very stern and rude and when he explained that he was
not involved in this loan and that Habib Bank had
misrepresented the whole case, he was asked to show his
identity card by the Judge. When he did, the Judge
immediately compared his signature with another on some
documents and vehemently told him that he was a liar and
defaulter and that his signature appeared as Guarantor
on the three loan agreement documents. And then the
Judge showed Khalid Memon a copy of the original
documents.
Khalid Memon looked at the document in utter shock
and disbelief. This copy of the loan agreement was
forged and amended. Habib Bank staff had removed one of
the guarantor’s signature from the document, made a copy
of his signature and had pasted the same showing him as
one of the guarantors in all three loans.
Khalid Memon was in such deep shock that he could not
think or defend myself. He started shaking and
stuttering and then had to listen to a long lecture by
the Judge which of course was very humiliating and
insulting, directed towards him. He quickly did as the
Judge ordered and was coerced to write an application
asking for time to settle the loan. His mind was numb
and he got out of the Judge’s office as quickly as
possible.
Khalid Memon became depressed for a long time as he
had not only suffered humiliation and insults and
treated like a common criminal, but for a very long time
he could not understand why a reputed bank such as Habib
Bank Ltd., would stoop to such a level as to
misrepresent and forge a loan document of such a meager
amount. Was this part of a greater plan? Were the bank
staff colluding and plotting with Dhani Bux Jatoi s/o
Late Aijaz Jatoi, so that he could take over the entire
land? On contacting the Jatoi family about this terrible
ordeal, he was threatened to keep quiet and not to
malign the Jatoi family’s name or else…..
Khalid Memon fell ill after this terrible dilemma and
now suffers from insomnia and hypertension. He was so
shocked by this experience that he could not tell anyone
or make any complaints until recently, when his name was
splashed again over the newspapers for all to see. He
received several phone calls from friends and felt
embarrassed and humiliated. Was there no end to the evil
and nefarious designs of the bank staff responsible for
this unimaginable fraud and deception?
Through the help of friends and advisors, he has
summed up the courage to tell his side of the story.
Khalid Memon is the rightful owner of the land to be
auctioned and the sale proceeds are rightfully his.
Habib Bank Limited staff had not only falsely
implicated Khalid Memon as a Guarantor, maligned and
defamed him, but had the audacity to show the three
Jaoi’s as owners of this land and had made full
arrangements so that the balance of the sale proceeds
from the auction of the land after recovery
of the loan would go to the Jatoi family instead of
the rightful owner and partner.
Khalid Memon hired a prominent senior advocate from
Hyderabad, a Mr. Mohd. Ishaque Qureshi, whose clever and
strong arguments in the Banking Court on the day the
auction was to be held, convinced the Honourable Judge
of the Banking Court to postpone the Auction. This
judgment is historical as this is the first auction case
which has been suspended on the day of the auction.
Upon checking the copies of the loan agreement
provided by the Banking Court, we found these to be
altered, forged and lacking credibility. The blunders
are so obvious that even a halfwit could easily pick
these up from the shoddy work.
It is indeed a wonder as to why a reputable bank such
as Habib Bank Limited would allow its staff to stoop to
such a level where documents are forged, falsified and
misrepresented in the Banking Court. This heinous crime
comes under the Section 463 of the Pakistan Penal Code
and carries a minimum sentence of 7 years imprisonment
if found guilty.
Now Khalid Memon plans to file several cases both
civil and criminal against Habib Bank Limited for
defamation and damages to the tune of Rs. 100 million
plus.
Habib Bank Lawyers and staff can end this case within
hours instead of wasting their client money and the
court's time. All they need to do is ask for a date from
the Honourable Judge of the Banking Court II, Hyderabad,
when they could present the ORIGINAL LOAN AGREEMENT
documents in the Court, giving 3-4 day's time to Mr.
Khalid Memon, deponent, to arrange to call in Forensic
Science experts of Document and Handwriting Forgeries.
Habib Bank Limited Lawyers can naturally call in their
own forensic experts. This will either way prove beyond
any doubt as to who is speaking the truth, the Bank or
Khalid Memon.
