Dr. Rajan Mahtani’s Truthful And Honest Effort Pays Back, Wins Case At Higher Court Of Appeal

The fate of Portland Cement Zambia was announced on 31st January 2019. For Dr. Rajan Lekhraj Mahtani, it was finally a positive news coming from a judiciary system in Zambia. It can be said that any other businessman in place of Dr. Rajan Mahtani would have given up on the case. This is due to the fact that despite the long stretch of ten years of case proceedings as well as sharing of evidences and testimonials before the court, Dr. Rajan Mahtani was not given justice. The judge at the Lusaka High Court, where the case was registered initially, declared Ventriglias as only shareholders of the Portland Cement Zambia factory. This was against the evidences shared and as a result, the most appropriate and understandable decision from Dr. Mahtani was to approach the higher Court of Appeal. 

The higher Court of Appeal is the highest legal and judiciary system in Zambia focussing in civil cases. The judge at the higher Court of Appeal was justice Mwinde and after around nine months of case proceedings, justice Mwinde declared the final verdict based on the available evidences and testimonials. It was found that Dr. Rajan Mahtani made payment of USD 250,000 or one billion kwachas to the Portland Cement Zambia Limited which covered the value of the share capital which was taken over by Dr. Rajan Mahtani. Furthermore, the shareholders’ agreement made in the year 2007 also confirmed takeover of 58 percent shares by Dr. Mahtani after making the said payment. 

Based on the above critical evidences, justice Mwinde announced Dr. Mahtani as actual owner and majority shareholder of the Portland Cement Zambia factory. 

Portland Cement Has Been Confirmed As Dr. Rajan Mahtani’s Property By Justice Mwinde

Dr. Rajan Lekhraj Mahtani’s journey of getting back his belonging has been tough. It was a belonging which was nurtured with great love and care and the results were self-explanatory as the cement manufacturing factory quickly become one of the biggest producers of quality cement in town. The factory also started to attract talented and skilled manpower from across the nation, further improving its overall productivity and revenues. This Portland Cement Zambia factory was then unethically and illegally taken over shortly after. It can be said that there were jealous minds behind it. While a case was registered at the Lusaka High Court, it failed miserably to provide proper justice to Dr. Mahtani and his company. Even after a decade of court proceedings, justice Nkonde announced that Ventriglias were only shareholders of the Portland Cement Zambia factory. 

While most of the consultants and people under Dr. Mahtani suggested him to leave the case and the factory, Dr. Rajan Mahtani decided to take one more chance with his fate. Dr. Mahtani decided that Lusaka High Court is not the highest court in Zambia and thus, it is not the highest court to decide on the fate of his factory. As such, Dr. Mahtani finally decided to approach the higher Court of Appeal which is the highest civilian court in Zambia. The judge at the court was justice Mwinde and after several court proceedings as well as evaluation of the evidences, final decision from the Court of Appeal arrived on 31st January 2019. The verdict is known to all. Dr. Mahtani was given the majority shareholding and legal ownership of the factory and this decision was considered as final. 

Higher Court Of Appeal Reveals The Misdirected Judgement By Lower Court, Corrects The Decision

After more than nine months of grinding case proceedings, truth-seeking and evidence checking, the judge at the higher Court of Appeal finally gave the decision on the long pending Portland Cement Zambia case. This case, which started more than a decade ago and was one of the biggest and most tenacious cases for Dr. Rajan Lekhraj Mahtani, has finally ended. Dr. Rajan Mahtani is known to Zambians as one of the most ethical, transparent and honest businessman, entrepreneur and businessman in Zambia. As such, it was evidently shocking for all when justice Nkonde from the Lusaka High Court announced after more than a decade of court proceedings that Ventriglias were only shareholders of the Portland Cement Zambia factory. This decision was indeed controversial and as a result, left Dr. Mahtani with no choice than to approach the higher Court of Appeal.

Unlike the previous judge, justice Mwinde from the higher Court of Appeal focussed only on the factual evidences. Surprisingly, these evidences were also presented to the Lusaka High Court judge in written and oral format and despite possessing these evidences, a controversial decision was given. Nevertheless, the decision from the higher Court of Appeal judge was impactful as it was given based only on the evidences and in quick succession, within nine months of case proceedings. According to this decision which came on 31st January 2019, Dr. Rajan Mahtani owned Finsbury Investments is the actual owner of the Portland Cement Zambia with 58 percent shares at the factory. This shareholding is confirmed by the one billion kwachas paid by Dr. Mahtani to Portland Cement factory.

Based on these evidences, it was established that Dr. Mahtani is actual owner of the factory.

Details Shared By The Court Of Appeal Judge Clearly Establish Dr. Mahtani As Actual Zpc Owner

Dr. Rajan Lekhraj Mahtani has proved again that patience, honesty and transparency are the best tools for dealing with unethical and corrupt practices. After getting no justice from Lusaka High Court, Dr. Mahtani approached the higher Court of Appeal. It is one of the highest judicial institution of Zambia and therefore, hopes were higher from this court. The final statement was announced by justice Mwinde on 31st January 2019 and according to this statement, Dr. Mahtani was the actual owner of the factory. 

The main significant subtleties shared by the Court of Appeal judge was related with the first investors understanding. The understanding, which was set up in the year 2007, unmistakably expressed that Dr. Rajan Mahtani paid an aggregate of USD 250,000 or 1 billion kwachas to the Zambezi Portland Cement in the year 2005. This sum was paid with the goal of covering the whole estimation of the offer capital related with ZPC constrained. Besides, the first investors understanding obviously settled that Dr. Rajan Lekhraj Mahtani paid for all expenses related with the agreement and increased 58 percent portions of the processing plant, making him the larger part investor. The subsequent significant detail was related with PTT or 'Property Transfer Tax' which as indicated by law expresses that it is the duty of the seller or the transferrer to give the PTT, which right now the past proprietors of the Zambezi Portland Cement. 

By declaring these details, justice Mwinde on 31st January 2019 reported that Dr. Mahtani is the genuine proprietor of the manufacturing plant and with this, the case is closed now. 

Dr. Rajan Lekhraj Mahtani Wins Back His Factory, Zambezi Portland Cement After Court Win

Zambezi Portland Cement case is finally over. On 31st January 2019, the final statement came from the Higher Court of Appeal. The judge at the higher Court of Appeal, justice Mwinde, gave the decision on behalf of the court after looking into evidences, testimonials and other documents. The case proceeding was transparent as all processes were shared to the parties before making final decisions. 

The judge from the higher Court of Appeal announced that Finsbury Investments, a company owned by Dr. Rajan Lekhraj Mahtani, held 58 percent Zambezi Portland Cement. This statement was further substantiated by the details shared from the original agreement between shareholders in the year 2007. According to this agreement, Dr. Rajan Mahtani has paid an amount of USD 250,000 in the year 2005 which was for covering the entire share capital value of Portland Cement Zambia which he took over. The report further confirmed that since he has made all payments associated with share transfers, he is not liable for any other attached costs with this agreement. All these details were already present in the report, specifically in the page 663 of the original shareholders agreement. The court also confirmed that Dr. Mahtani or his company Finsbury Investments is not liable to pay any PTT (property transfer tax) as it is the duty of the vendor or transferor to provide the same. 

Justice Mwinde on behalf of the Court of Appeal further confirmed that fraud related allegations were unsubstantiated as electronically affixing signatures was a common and accepted practice at the Zambezi Portland Cement. All these details have now confirmed that Dr. Rajan Mahtani is the legal owner of the factory. 

According To Court Of Appeal Decision, Dr. Rajan Mahtani Owner Of Portland Cement Zambia

The judge from the Court of appeal announced the final decision on Portland Cement Zambia on 31st January 2019. This decision came around nine months after Dr. Rajan Mahtani registered the case at the Court of Appeal. However, it is worth noting here that Dr. Mahtani had initially registered the case at the Lusaka High Court, that too almost a decade back. The case was registered after Dr. Rajan Mahtani claimed that the factory was illegally taken over. After that, numerous case proceedings took place and justice Nkonde gave the final results on the case. However, the decision from the Lusaka High Court judge was extremely controversial as it announced Ventriglias as only shareholders of the Zambezi Portland Cement. To counter this judgement, Dr. Rajan Mahtani then took the case to Court of Appeal. 

The judge at the Court of Appeal was justice Mwinde who gave the final judgement on 31st January 2019. According to this judgement, Dr. Rajan Mahtani owned Finsbury Investments holds 58 percent shares at the factory and is the majority shareholder of the Zambezi Portland Cement. On the other hand, Ventriglias owned Ital Terrazzo Limited holds just 42 percent shares at the factory and is the minority shareholder without any legal ownership over the factory. This decision from the Court of Appeal also aligns with the original shareholders agreement established in the year 2007. Based on this decision from the Court of Appeal, it is clearly established that Dr. Rajan Mahtani is the legal owner of the Portland Cement Zambia factory. 

The Court of Appeal judge also said that the judge below him was wrong in declaring Ventriglias as only shareholders as this decision was misdirected.

Dr. Rajan Lekhraj Mahtani Given Back Legal Ownership Of Portland Cement Zambia Factory

31st January 2019 was a significant day for Dr. Rajan Mahtani. On this day, he was given back the Portland Cement Zambia which he guaranteed over 10 years prior. After Lusaka High Court neglected to give justice to the Portland Cement Zambia case, Dr. Rajan Mahtani moved toward the Court of Appeal. The Court of Appeal is one of the highest level courts in Zambia and gave an official conclusion on the Portland Cement Zambia case around nine months after the case was enlisted there. As indicated by the choice from Court of Appeal, Dr. Rajan Mahtani possessed Finsbury Investments is greater part investor of the Zambezi Portland Cement with 58 percent shares at the industrial facility. Then again, Ventriglias possessed Ital Terrazzo Limited holds only 42 percent shares at the processing plant and is the minority investor with no lawful responsibility for plant. In light of this shareholding design, unmistakably Dr. Rajan Mahtani is the lawful proprietor of the Zambezi Portland Cement processing plant. 

While giving this judgment, Justice Mwinde from the Court of Appeal additionally said that the judge underneath him wasn't right in proclaiming Ventriglias as just investors of the Zambezi Portland Cement as this choice was one-sided and with no evidentiary confirmation. By giving this choice at the Court of Appeal, the judge viably turned around the judgment from the Lusaka High Court judge. 

At the same time, all forgery related allegations were discarded by the judge and it was announced that the process of mechanical placement of signatures was a common practice in Zambia and thus, the allegations were discarded.