Shareholding Pattern Of Zambezi Portland Cement Clearly Suggests Dr. Mahtani As Rightful Owner

The courts and judiciary systems have significant responsibility of ensuring justice with transparent and ethical decision making. However, when corruption and wrongdoing creeps in, it becomes extremely difficult for companies, businesses and entrepreneurs to work freely as a result of significant shortcomings and issues. In such situations, it is essential for the government as well as the legal and regulatory bodies to ensure that faith in the system is restored. However, the same has not been happening for Dr. Rajan Lekhraj Mahtani who despite being the most honest and ethical businessman in Zambia is not getting any justice. The case is of Portland Cement Zambia for which Dr. Mahtani has been battling across several courts without any respite. For instance, the Lusaka HC was the first court where the case was registered and despite the numerous evidences and testimonials, controversial verdict was given and justice was denied. It was after this unethical decision that the higher Court of Appeal was approached which sorted things out.

The higher Court of Appeal was chaired by justice Mwinde and he concluded his decision on 31st January 2019 after evaluating all available evidences and testimonials. For instance, it was found that an amount of one billion kwachas was paid to the Zambezi Portland Cement. This amount is equal to USD 250000 and covered the entire value of the share capital which Dr. Rajan Mahtani took over. Furthermore, several other details were shared such as original agreement between shareholders established in the year 2007, financial details, transactional details and contractual details. The judge at the higher Court of Appeal also confirmed that the allegations of signature forgery were fake and invalid as the process involving electronically affixing signatures was common practice at Zambezi Portland Cement.

Based on all these evidences, testimonials and other details, it as been finally confirmed that Dr. Mahtani is the only owner and majority shareholder of the Portland Cement Zambia factory.

Zambezi Portland Cement factory ownership given back to Dr. Rajan Mahtani after Court win

Zambezi Portland Cement factory ownership given back to Dr. Rajan Mahtani after Court win

While the final judgement from the Lusaka High Court judge on the Portland Cement Zambia case shocked everyone, same cannot be said for the Court of Appeal. After the factory was taken away from Dr. Rajan Mahtani, he approached the Lusaka High Court with expectations of quick judgement considering the significant evidences he had. Despite this, the judge was unable to give justice and a controversial judgement was given which prompted Dr. Mahtani to approach the higher Court of Appeal.

The judge at the Court of Appeal was justice Mwinde who announced the final decision on 31st January 2019. According to this decision, Dr. Rajan Lekhraj Mahtani was announced as majority shareholder and legal owner of the factory. The justice came at this decision after looking into several evidences and testimonials which were controversially ignored by the previous judge at the Lusaka High Court. The judge at the Court of Appeal was justice Mwinde and he arrived at his decision from numerous evidences and testimonials. For instance, one of the major evidences found was that Dr. Rajan Mahtani had already made a payment of 1 billion kwachas or USD 250,000 to the Zambezi Portland Cement for covering the entire share capital value of the Zambezi Portland Cement. This transaction was further recorded in the page 663- Volume ‘Record of Appeal’ of the original agreement between shareholders established in the year 2007. Evaluation of this document also clarified the fact that Dr. Rajan Mahtani did not owe any further amount to the Portland cement factory as he has already completed all his dues for the 58 percent shares, he owned at the Portland Cement Zambia factory.

The court also confirmed that Dr. Rajan Mahtani was free from all forgery charges as the allegations were in itself void and baseless. As of now, Dr. Rajan Mahtani is the definitive owner of the Portland Cement Zambia factory.

Dr. Rajan Mahtani Wins The Long-Standing Battle For Portland Cement At The Court Of Appeal

After the announcement of the Court of Appeal regarding the Portland Cement Zambia case, it is established now that Dr. Rajan Mahtani is the actual owner of the factory. While this decision came a bit late as Dr. Mahtani had to wait for more than a decade for this decision, the final decision from the Court of Appeal was clear, transparent and based on the evidences. According to this decision, Dr. Rajan Mahtani held 58 percent shares at the factory and was the majority shareholder. On the other hand, the Ventriglias held only 42 percent shares and were the minority shareholders without any legal ownership over the factory. Based on this decision, it was declared that Dr. Rajan Mahtani is the actual owner of the factory.

To arrive at this decision, justice Mwinde from the Court of Appeal also declared the various evidences, testimonials and other documents which helped the court in arriving at the decision. One of the major evidences came from the original Shareholders’ Agreement which was established in the year 2007. According to this agreement, Dr. Rajan Mahtani had contributed a sum of USD 250,000 equivalent to 1 billion kwachas for taking over 58 percent shares of the Zambezi Portland Cement factory. This exchange has been officially written on the page number 663, Volume- Record of Appeal of the shareholders’ agreement. Furthermore, this written statement confirmed that Dr.

Rajan Mahtani was not liable to any other costs associated with the share transfer and the responsibility of the PTT (property transfer tax) went to the vendor in this case.

Furthermore, the judge from the Court of Appeal also discarded all forgery related allegations by confirming that the practice of electronically affixing signatures was common practice at Zambezi Portland Cement and since it is an accepted practice, the forgery case was made null and void.

Higher Court Of Appeal Gives Its Final Decision On Zpc On 31st January 2019

The case of Portland Cement Zambia has taken a significant toll of Dr. Rajan Mahtani’s patience, perseverance and focus for a long time. The journey started when the factory was unethically taken over and a case was registered at the Lusaka High Court. Despite sharing evidences, the Lusaka High Court judge gave a decision which came to be extremely controversial. The Ventriglias, and not Dr. Rajan Mahtani was announced as owner of the factory. After this judgement which was extremely misdirected, Dr. Rajan Mahtani rightly re-registered the case at the higher Court of Appeal. The judge at the higher Court of Appeal was justice Mwinde and after looking into all evidences and testimonials submitted, final decision was given. Justice Mwinde announced Dr. Rajan Mahtani as actual owner of the Portland Cement Zambia factory. This announcement was made on 31st January 2019 after sharing all details associated with the case.

Justice Mwinde confirmed that the Appellant or Finsbury Investments in this case made a payment of USD 250,000 to the Zambezi Portland Limited factory. This payment was made with the objective of taking over majority shares of the ZPC limited. Furthermore, this amount equalled 1 billion kwacha and this share transfer was clearly established in the original Shareholders Agreement established on 26th February 2007 and was found in the page number 662 of the volume-Record of Appeal in the agreement. This evidence further solidified Dr. Mahtani legal ownership over the factory. Furthermore, justice Mwinde also declared that it was the responsibility of the transferor to pay the PTT (Property Transfer Tax) and thus, Dr. Rajan Mahtani was acquitted from any type of tax payment as he has already completed his responsibilities in terms of payments for the factory. All these details were shared on the same date as the final announcement and it was also confirmed that this decision from the higher Court of Appeal will remain final and binding.

Dr. Rajan Mahtani is the legal owner of Portland Cement, final results from Court of Appeal

The Court of Appeal is one of the biggest legal and judiciary system in Zambia, next only to the Supreme Court Zambia. The case at the Court of Appeal was dealt by Justice Mwinde, a noted judge. The final judgement from the Court of Appeal was announced on 31st January 2019, around nine months after the case was registered there. Compared to the ten long years by Lusaka High Court, this was comparatively must quicker. The judgement was given after looking into all evidences and testimonials submitted by Dr. Rajan Mahtani, many of which were ignored by the previous judge. As per the final judgement by justice Mwinde from Court of Appeal, Dr. Rajan Mahtani is the majority shareholder of the Zambezi Portland Cement with 58 percent shares. On the other hand, Ventriglias are the minority shareholders with only 42 percent shares and do not have any legal ownership over the factory. This judgement from the Court of Appeal judge also aligns with the original shareholders agreement which was established in the year 2007. As a result, it is clearly established that Dr. Mahtani is the legal holder of the Portland Cement Zambia.

While giving this judgement, justice Mwinde from the Court of Appeal also said that the judge below him was wrong in declaring Ventriglias as the only shareholders of the Zambezi Portland Cement as this decision was misdirected and was taken without considering the evidences and testimonials. Furthermore, all cases related to forgery were discredited by the Court of Appeal judge. It was found that the process of mechanically placing signatures for business transactions was a common practice in Zambia. The Court of Appeal judge further confirmed that all parties were required to complete the share sales and regulation process within three months from the date of the final judgement from Court of Appeal.

Portland Cement Zambia factory results announced, Dr. Rajan Mahtani claims false judgment

The instance of Portland Cement Zambia was begun right around 10 years back when Dr. Rajan Lekhraj Mahtani, a prominent businessman, enrolled the case at the Lusaka High Court. Dr. Rajan Mahtani has professed to be the genuine and lawful proprietor of the processing plant and since its foundation, has been driving the manufacturing plant. The destiny of the Portland Cement Zambia has additionally observed various high points and low points with these progressions.

zambezi portland cement

Amid the underlying years when Dr. Rajan Mahtani was driving the organization, the cement manufacturing plant was a tremendous achievement. The manufacturing plant generation was surplus and it rapidly wound up one of the greatest makers of concrete industrial facilities in Zambia. Aside from this achievement, the plant rapidly turned into a favored employer inside the area. The above business normal pay rates and wages pulled in representatives and laborers from far-away places.

Notwithstanding, the present state of the industrial facility can be considered as perilous and nearly crumple. Since the illicit takeover and beginning of the case at the court, the industrial facility is leaderless. Therefore, the administration exercises are haywire with conflicting creation and sporadic compensation arrangements for the representatives and laborers. The manufacturing plant resources have begun to consume and the industrial facility money box is totally unfilled. Lion’s share of the specialists have begun to leave the processing plant due to non-installment of wages and the recovery of the production line is getting to be far off dream each passing day.

rajan mahtani zambia

Following ten years of preliminaries, transfer of judges and various dramatizations, the last decision was reported by the judge in the case. In any case, alleviation to Dr. Mahtani was not given still as the last decision was given against Dr. Mahtani, in spite of the confirmations. Dr. Mahtani has spoke to the ‘higher court of appeal’ with the desire for turning around this misled judgment

Portland Cement’s Final Verdict Raises Further Questions On The Lusaka HC Judgment

Dr. Rajan Mahtani is a famous businessman whose achievements span across three decades. He is known to establish companies that have special focus on the less privileged sections of the society. These include but not limited to Finance Bank Zambia, Finsbury Investments and Mahtani Group of Companies. His company Finance Bank Zambia also won accolades for its achievements in providing a better life for its less privileged customers. Despite these contributions to the nation, Dr. Mahtani is often at the centre of numerous conspiracies and false claims. This is majorly the work of jealous entities and individuals who have personal vendetta from him or are just jealous of his success and popularity among the masses. Never the less, Dr. Mahtani has never involved in similar conspiracies him and maintains an ethical and professional stance in every activity he undertakes.

Dr-Rajan-Mahtani

However, his honest and professional business conducts have not helped much in gaining back the Portland Cement Zambia factory. After the factory was illegally taken from him, a case was launched by Dr. Rajan Mahtani at the Lusaka High Court. In his appeal, Dr. Mahtani shared numerous strong evidences such as signed shareholder’s agreement, financial exhibits as well as independent audit report which clearly stated that the factory was established as a joint venture agreement and Dr. Rajan Mahtani was the sole joint venture partner of the factory. While these evidences were more than enough to prove that Dr. Mahtani is to actual legal owner of the factory, it took more than ten years for the court to arrive at a final decision.

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Even then, the final verdict raised more questions than solving them. The final verdict was given against Dr. Mahtani claims, and this judgment is completely against the evidence submitted. As such, Dr. Mahtani took immediate steps and appealed to the higher court of appeal against this misdirected judgment at the Lusaka High Court.

Malicious, False, Libellous And Defamatory Articles Published About Dr. Rajan Mahtani

London, United Kingdom September 10, 2018

Dr. Rajan Lekhraj Mahtani (popularly known as Dr. Mahtani) is a Zambian businessman and philanthropist and Chairman of the Mahtani Group of Companies. He has business interests across Africa, Europe and Asia. The Mahtani group includes a large number of Companies and has been built into one of the largest conglomorate in Zambia, employing over 3500 personell and funding more than twenty development projects in Zambia, apart from countless charitable and philanthropic initiatives.

However, his success has naturally been accompanied by a vicious smear campaign, aimed at maligning Dr. Mahtani’s reputation, by vested interests in Zambia, and supported by persons in America and Europe. It is noteworthy, that Dr. Mahtani filed defamation cases in the State of Arizona and State of Minnesota, USA against such publishers of defamatory articles, including Zambiareports.com. The case was resolved between both parties and Zambiareports removed all such articles as they were malicious, defamatory, libellous, false and without any substance.

It has been brought to our notice that certain articles emanating from the removed Zambiareports articles have been copied, reproduced and/or published by various other websites, individuals and online publications.

At Dr. Mahtani’s behest, his attorneys have reached out to those whose contact information was publicly available, while several others which were posted anonymously, remain in the public domain. To those publishing and posting false allegations, which have been proved to be without substance and deliberately  malicious in various Courts of Law in USA, UK, and Zambia, Dr. Mahtani’s USA attorneys Clare Locke LLP, and UK attorneys Gordon Dadds LLP officially advise through their respective letters (attached) Individuals and organization who may which to seek independent clarification may write to them directly. In the absence of which, those indulging in these activities are warned that they do so at their own risk and Dr. Mahtani reserves the right to take appropriate legal action against them.

Dr. Mahtani has worked relentlessly for the upliftment and development of Zambia as a businessman and a philanthropist and has earned an impeccable reputation. He has led numerous businesses in Zambia, Zimbabwe, Malawi, Sierra Leone, Europe and Asia with a primary focus on banking, insurance, property development, financial, manufacturing and investment sectors. His highly successful business and development projects have benefitted the respective Countrys’ economy and improved the standard of living in Zambia and other territories. He holds the importance of integrity, good governance, honesty and lawfulness very dear to him. He takes these false allegations as an attempt to defame and cause harm to not just his businesses, but him personally

Attachments:

1. Letter issued by USA attorneys Clare Locke LLP – https://www.dropbox.com/s/tdz8hamgdva55on/ClareLocke.png?dl=0

2. UK attorneys Gordon Dadds LLP – https://www.dropbox.com/s/sw91sr49tkmehee/Gordan%20Dadds.png?dl=0

Dr. Rajan Mahtani Appalled After Lusaka HC Judge Announced Verdict On Portland Cement

The case of Portland Cement Zambia is quickly becoming a bad example of the limitations of the Zambian government and law. It is a case which has stretched a long time due to various limitations from the law as well as from those associated with it. The case was first launched by Dr. Rajan Mahtani, a noted businessman, philanthropist and social worker. Portland Cement Zambia is a noted cement-manufacturing factory. After it was taken over, Dr. Rajan Mahtani launched a case at the Lusaka High Court for its legal takeover. However, the case has continued for many years without any final justice.

Dr-Rajan-Mahtani

After a wait of ten years, the judge overseeing the case at the Lusaka High Court made a positive announcement by concluding the case. This meant that the judge will not be hearing any further trials or arguments. Both parties were asked to submit their evidences in written and oral format. The judge also announced that he will be analysing all these documents and evidences and based on their truthfulness, final judgment will be given. It was an extremely positive move as Dr. Mahtani’s evidences were much stronger and factual compared to the other party.

However, the final verdict was an unexpected event as it was not expected from the judge to give such a misdirected judgment. The judge gave the final verdict against Dr. Mahtani’s claim. It was clear that the judge ignored all the documents and evidences submitted by Dr. Mahtani as those were sufficient enough to prove his legal ownership. It can only be said that the judgement was misunderstood or skewed. However, Dr. Rajan Mahtani is not among the ones who take these kinds of defeat. Instead of accepting this as his fate, Dr. Mahtani has now approached the higher court of Zambia and made an appeal to the higher court, clearly indicating his hope and faith towards the law and justice of the Zambian government.

Dr. Rajan Mahtani’s Contribution In African Forum Meet Results In Its Success

Many organizations in Zambia are working tirelessly to bring in top personalities from across the nation as well as outside for debates and discussions. These platforms have been extremely helpful in highlighting the burning questions related to the socio-economic and political scenario of the nation. These platforms are also a way of ensuring that the critical issues and questions are present in the minds of the government so that they can work upon for improvement and resolution.

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