DRT  Legal  Solutions

(Debts Recovery Tribunal Legal Solutions) is an India based

Law Firm specializing in DRT, Securitisation, NCLT, Borrowers and Guarantors Solutions in Debts Recovery Tribunals,

Pioneers in Counter-claims and Damage Suits based on Law of Torts and Law of Damages 

Phones (India) - Mobile - +91-9691103689, Off. & Res.- +91-731-4049358 and +91-731-3290201 

E-mail :- ramkishandrt@gmail.com  Web Site :- www.drtsolutions.com

 DRT Solutions - Debts Recovery Tribunal

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Expert in:- DRT, Counterclaim, securitization, , debt recovery tribunal, NCLT, BIFR, IPR matters

 

 

 

 

 

Wednesday 26th November 2014 (last updated) Monthly Release 231

 

Highlights:- All problems of Debts Recovery i.e. DRT, Securitisation Act, ARCIL i.e. Asset Reconstruction Company (India) Limited, NCLT i.e. National Company Law Tribunal and other courts are tackled by us and practical solutions provided. Study of this web site will be very useful to the borrowers and guarantors facing litigation in DRTs. People from all over the country and abroad are phoning us, then visiting us and getting solutions to their DRT, Securitisation and related legal problems. Many parties are approaching us either to draft or to redraft their counterclaims, loss and damages in DRTs under DRT Act or Securitisation Act. Some need our advice on all types of DRT matters, Securitisation Act, BIFR, NCLT, sec. 138 of NI Act relating to dishonour of cheques, NPA Consultancy, IPR matters etc. We have DRT , BIFR, NCLT, NPA Consultants and Banking Accounts experts to examine the legal and accounts as well as documents filed by the banks and financial institutions in DRT and other court cases. Please visit other pages of this site dealing with all these aspects and solutions relating to DRT i.e. Debts Recovery Tribunal litigations, NCLT i.e. National Company Law Tribunal, NPA Consultancy, ADRT i.e. Appellate Debts Recovery Tribunal, BIFR, NCLT, related legal matters including Counter-claims, loss and damages as well as legal process outsourcing, knowledge process outsourcing for global clients through our associates vide joint venture web site www.usindolegal.com  You are always welcome to approach us anytime for all DRT Problems and Solutions. We advise advocates on use of latest video and presentation technology in office as well as in court rooms

 

Our DRT Weekly Mails  and DVDs are DRT Legal Guide and gold mine of practical information for the borrowers and guarantors - Important Topics covered in 341st issue of our DRT Weekly Mail dated 21.11.14:- The visitors of this web site particularly Borrowers and Guarantors will be immensely benefited by our DRT weekly mails, all previous issues from 1st one till the last one may be viewed by clicking DRT Solutions Weekly Mail for Borrowers & Guarantors   Separate web pages have been created to contain these mails in batches of 10 so that pages open up fast. These mails are DRT Guide and gold mine of information on current topics giving lot of practical suggestions and comments in DRT litigations. Any new comer to this site must go through all the DRT weekly mails right from the issue no 1 to the latest. If possible please spread the reference of this web site and the DRT weekly mail among the persons, borrowers, guarantors and DRT litigants who are the bank victims. These DRT weekly mails are free of cost. If anyone desires to get these DRT mails regularly, he may write to us for inclusion of his e-mail ID in the regular mailing list. The DRT weekly mail is issued on every Friday morning before 12 noon. The particular issue of the DRT weekly mail is first published on the web site and then mails are sent. These DRT weekly mails have become quite popular among the borrowers and guarantors in the country as we are getting huge no of mails appreciating the same. We welcome suggestions for improvements as well as the topics on which more information is required.

'National Peoples' Campaign for Judicial Transparency and Reforms; by Mr Mathews, Advocate, Mumbai; Mr Sohal, Industrialist, Mumbai and Office Bearers, at New Delhi-06.08.14

Please see the photo of the group campaigning at New Delhi vide link Transform India with Modi-DRT Solutions Suggestions     The group created a history during their stay from 6th to 8th August '14 stay in Delhi. They had brain storming interactions with (1) the Law Minister, Mr Ravi Shankar Prasad; (2) the Chief Justice of Supreme Court of India, Mr R.M. Lodha; (3) Mr Markandey Katju; and (4) other luminary jurists and advocates. At the end they also had a Press Conference and Media interactions. The Press Note issued by them in Delhi and Thanks letter to the Chief Justice, Supreme Court of India may be seen in the 327th Weekly Mail. The Press Note issued by them in Mumbai may be seen in the 328th Weekly Mail.

Transform India with Modi - DRT Solutions Suggestions:- We appreciate the vigor and initiative taken by Mr Modi, our PM. In response to his call through Local Circles of which there are more than one lac twelve thousand members, we have made 6 important suggestions for 'Judicial and Legal Reforms' vide link Transform India with Modi-DRT Solutions Suggestions These have been appreciated by the members.

Legal Reforms in Indian Judiciary - Need of the Hour, Management and Technology in Indian Judiciary - Pragmatic Approach:- Our detailed Article may be seen by clicking the link Article by Ram Kishan on Management & Technology in Indian Judiciary This article has been sent to the Internet Resource in 'Transform India wituh Narendra Modi' part of Local Circles set up under the aegis of BJP. We have also sent this article to Justice R.M. Lodha, present Chief Justice of Supreme Court of India.

Ours is the only Complete Solution for Cases like Campa Cola:- Please vide details by clicking Campa Cola & Similar Cases - Correct Solution

List of All Pages with Links of this Web Site may be seen vide clicking:- DRT Solutions - Site Map for Borrowers & Guarantors s

DRT Judgments Favourable to Borrowers and Guarantors – Now Full text of such Judgments is being provided on this Web Site with Important Portions marked in Red  

Following is the extract from our web page vide link http://www.drtsolutions.com/DRT-Judgments.htm  

We have been providing citations and extracts of judgments favourable / useful to Borrowers and Guarantors. Subsequently several borrowers approached us to provide the full text of the said judgments. Hence we have now started providing full texts of such judgments on our this web site itself. Since the advocates are quite busy in their routine work, we have marked the important portion of such judgments in Red as well as our comments. Thus with passage of time, a library of important judgments with full text in soft copies and important portions marked in Red is being built up on the internet at our web site. The borrowers should go through such judgments periodically and apprise their advocates. It is needless to mention that such valuable information is free of cost in the best interests of borrowers and guarantors. You may therefore spread the word among the litigant borrowers, guarantors and their advocates to visit the above link periodically. If one finds judgments useful and favourable to the borrowers and guarantors, he may mail the full text of such judgment for publication on our web site.

The judgments published on this web site have become so popular that the phrase 'DRT Judgments' occupies top position in the Global and Indian search engines of Google.

DRT Judgments Favourable / Useful to Borrowers and Guarantors – Full text of Judgments available on

this Web Site:- 

Note :- DRTS-00 stands for 'DRT Legal Solutions-00' and is the Citation for judgments on this web site.

DRTS-023 DRT-1 Chennai judgment on 'Dismissal of OA subsequent to invoking Securitization Act' in the matter of 'Tetrahedron Ltd vs Indian Bank' decided on 08.11.13. The said PO DRT ruled that OA filed by the Bank is not maintainable as the Bank has already initiated recovery of dues by issuing notice u/s 13(2). Full text of the judgment is available vide link www.drtsolutions.com/OA-Dismissal-Chennai.pdf  Our comments on this judgment are available vide link http://www.drtsolutions.com/OA-Dismissal-Chennai.htm 

DRTS-022 Nagpur District Magistrate judgment on 'Dismissal of Bank's Application u/s 14' in the matter of 'State Bank of Patiala vs Shri Homraj Meghraj Hiranvar' decided on 22.10.13. The said Magistrate ruled that since the Bank has not followed the prescribed procedure, the application of the Bank u/s 14 is dismissed. Full text of the judgment in Marathi is available vide link  www.drtsolutions.com/Magistrate-Nagpur.pdf  Translation of the judgment in English with our comments is available vide link  http://www.drtsolutions.com/State%20Bank%20Patiala-Meghraj.htm

DRTS-021 Calcutta High Court judgment on 'Publication of Photos in newspapers' in the matter of 'Ujjal Kumar vs SBI' decided on 03.05.13. The said High Court ruled that the Publication of Photos in newspapers of the borrowers to recover debts can not be resorted to as it is not covered in Securitization Act. Full text of the judgment with our comments and important portion marked in Red is available vide link http://www.drtsolutions.com/Ujjal-Kumar-vs-SBI-2013.htm         

DRTS-020 Gujrat High Court judgment on 'Securitization Act not applicable to Co-operative Banks' in the matter of 'Rajendra N Shah vs Unknown' decided on 22.04.13. The said High Court ruled that the Amendment issued by the Govt in January 2013 is ultravires in respect of co-operative banks. Full text of the judgment with our comments and important portion marked in Red is available vide link http://www.drtsolutions.com/Rajendra-Shah-vs-Unknown-2013.htm

DRTS-019 Supreme Court judgment and order on 'Review due to Misconception of Court' in the matter of 'Moran Mar Basselios Catholicos vs Moat Rev. Mar Poulose Athanaslus' decided on 02.05.52. The Supreme Court allowed the appeal, set aside the judgment of the High Court and admit the Review. Full text of the judgment with our comments is available vide link http://www.drtsolutions.com/Moran-Review-Misconception.htm

DRTS-018 DRT-II Kolkota judgment and order on 'SA No 101 of 2011' in the matter of 'Azmeer Business Pvt Ltd. vs Union Bank of India' decided on 04.06.13. The case has been decided in favour of the borrower. The PO DRT has set aside the Bank's notice u/s 13(2), set aside the auction and ordered restoration of the property to the borrower. Full text of the judgment with our comments is available vide link http://www.drtsolutions.com/Azmeer-UBI-SA-allowed.htm .

DRTS-017 Supreme Court of India Judgment on 'Guarantor's Property - Constitutional and Human Rights' in the matter of 'KSFC vs N. Narasimahaih & Others' decided on 13.03.08. This is highly relevant to get 'Complete justice for Guarantor's Property'. Full text of the judgment with our comments is available vide link http://www.drtsolutions.com/KSFC-Narasimahaih.htm  Important portions of the judgment have been marked in Red.

DRTS-016 Supreme Court of India Judgment on 'Frivolous and Unjust Litigation by Bureaucracy' in the matter of 'Urban Improvement Trust vs Mohanlal' decided on 30.10.09. This is highly relevant to 'Frivolous,  Unjust and Multiple Litigations' filed by banks '. Full text of the judgment with our comments is available vide link http://www.drtsolutions.com/Urban-Improvement-Trust-Mohanlal.htm Important portions of the judgment have been marked in Red.

DRTS-015 Supreme Court of India Judgment on 'Review and Appeal - Simultaneous Adjudication' in the matter of 'Thungabhadra Industries vs Govt of AP' decided on 20.10.63. This is highly relevant to 'Filing of Review and or Appeal and their adjudication'. Full text of the judgment with our comments is available vide link http://www.drtsolutions.com/Thungabhadra-GovtAP-Review-Appeal.htm Important portions of the judgment have been marked in Red.

DRTS-014 Supreme Court of India Judgment on 'Natural Justice - Opportunity of Hearing - Fundamental Rights' in the matter of 'Maneka Gandhi vs UOI' decided on 25.01.78. This is highly relevant to 'Magistrate in Sec 14 of Securitization Act to provide opportunity of hearing to Borrowers'. Full text of the judgment with our comments is available vide link http://www.drtsolutions.com/Maneka-Gandhi-UOI-Natural-Justice.htm Important portions of the judgment have been marked in Red.

DRTS-013 Supreme Court of India Judgment on 'Court, Tribunal, DRT, Transfer from Court to DRT, Counter-claim and Appeal' in the matter of 'Nahar Industrial Enterprises vs Hongkong & Shanghai Banking Corp' decided on 29.07.09. Full text of the judgment with our comments is available vide link www.drtsolutions.com/Nahar-HSBC-Counter-claim-Appeal.htm Important portions of the judgment have been marked in Red.

DRTS-012 Supreme Court of India Judgment on 'DRTs even can go beyond CPC' in the matter of 'ICICI Ltd vs Grapco Industries Ltd' decided on 14.05.99. Full text of the judgment with our comments is available vide link http://www.drtsolutions.com/ICICI-Grapco.htm Important portions of the judgment have been marked in Red.

DRTS-011 Supreme Court of India Judgment on 'Counter-claim can be filed even after filing of WS' in the matter of 'Mahendra Kumar vs State of MP' decided on 04.05.87. Full text of the judgment with our comments is available vide link http://www.drtsolutions.com/Mahendra-MP.htm   Important portions of the judgment have been marked in Red.

DRTS-010 Supreme Court of India Judgment on 'Discovery, Production and Inspection of Documents' in the matter of 'H.L. Sethi vs R.P. Kapur' decided on 19.07.72. Full text of the judgment with our comments is available vide link http://www.drtsolutions.com/Sethi-Kapur.htm  Important portions of the judgment have been marked in Red.

DRTS-09 Kerala High Court Judgment on 'Bank's Application to Magistrate u/s 14 is appealable to DRT u/s 17' in the matter of 'Sami vs Bank of India' decided on 22.07.11. Full text of the judgment with our comments is available vide link http://www.drtsolutions.com/Magistrate-Appeal.htm Important portions of the judgment have been marked in Red.

DRTS-08 Supreme Court Judgment on 'Points Pressed during Arguments have to be mentioned in the Judgment/Order' in the matter of 'Mohd. Akram Ansari vs Chief Election Officer and Others' decided on 04.12.07. Full text of the judgment with our comments is available vide link http://www.drtsolutions.com/Points-Pressed.htm Important portions of the judgment have been marked in Red.

DRTS-07 Allahabad High Court Judgment on 'SA u/s 17 and 18 to be decided before any Recovery Action' in the matter of 'Gulshan Rai, Jain and Others vs Debts Recovery Appellate Tribunal and Others' decided on 28.09.11. Full text of the judgment with our comments is available vide http://www.drtsolutions.com/SA-Before-Recovery.htm Important portions of the judgment have been marked in Red.

DRTS-06 DRAT, Delhi Judgment on 'Counterclaim permissible in SA u/s 17 of Securitisation Act' in the matter of 'Vijaya Bank vs B. L. Gupta' decided on 16.03.11. Full text of the judgment with our comments is available vide http://www.drtsolutions.com/counterclaim-SA.htm  Important portions of the judgment have been marked in Red.

DRTS-05 Supreme Court Judgment on 'Property Valuation, Sale, Auction and Disposal' in the matter of 'Ram Kishun & Others vs State of UP & Others decided on 24.05.12. Full text of the judgment with our comments is available vide http://www.drtsolutions.com/SC-Property-Disposal.htm Important portions of the judgment have been marked in Red. 

DRTS-04 Karnataka High Court Judgment on 'Notice u/s 13(4) is a must before initiating action u/s 14 for approaching to the Magistrate' in the matter of K.R. Krishnegowda vs Authorised Officer decided on 27.03.12. Full text of the judgment with our comments is available vide link  http://www.drtsolutions.com/13(4)-14-Magistrate.htm Important portions of the judgment have been marked in Red. 

DRTS-03 Patna High Court Judgment on 'Dismissal of the OA' in the matter of Purnea Cold Storage vs State Bank of India decided on 27.08.12. As soon as SA is filed, the existing OA or if OA is filed, the same deserves to be dismissed. Full text of the judgment with our comments is available vide link www.drtsolutions.com/OA_Dismissal.htm Important portions of the judgment have been marked in Red. 

DRTS-02 Supreme Court of India on simultaneous proceedings of OA and SA in the matter of Transcore vs Union of India decided on 29.11.06 :- Full text of this judgment is available on this site vide link http://www.drtsolutions.com/sc_judgment_on_drt,_securitisation,_transcore.htm

  This judgment is referred to in the above Patna High Court Judgment. Past several years, we have observed that majority of the advocates and the judges are making mistake in interpreting this Transcore Judgment. Patna High Court has supported our line of thinking.

DRTS-01 Bombay High Court Judgment on Condonation of Delay in the matter of Manilal Govindji Khona vs Indian Bank decided on 29.08.12 :- Full text of this judgment with our comments is available on this site vide link www.drtsolutions.com/condonation_delay.htm Important portions of the judgment have been marked in Red. We have been opining past several years that the matter of condonation of delay has to be permitted in the DRTs despite several judgments of the High Courts. Now our contentions have been supported by this Bombay High court judgment. 

Our Comments on Amendment to the Securitisation Act :- Our comments are given on this web site on pages Securitisation Act-Comments and SARFAESI Securitisation Securitization Actar SA NPA

An Important Judgment of Supreme Court of India - Directive for Transparent Working of DRTs:- citation and details are as under:-

2013 STPL(Web)54SC, Union of India vs DRT Bar Association – decided on 22.01.13  Extract from Para 11 is reproduced below:-

“ . . . Article 227 of the Constitution stipulates that every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction. This power of superintendence also extends to the administrative functioning of these courts and tribunals [Shalini Shyam Shetty & Anr. Vs. Rajendra Shankar Patil [(2010) 8 SCC 329]]. Hence, in light of the above, we expect that all the High Courts shall keep a close watch on the functioning of DRTs and DRAT, which fall within their respective jurisdictions. The High Courts shall ensure a smooth, efficient and transparent working of the said Tribunals. We are confident that through the timely and appropriate superintendence of the High Courts, the Tribunals shall adhere to the rigour of appropriate standards indispensable to the fair and efficient administration of justice.” For further details please go through our 249th Weekly Mail dated 15.02.13 vide web page DRT Solutions Weekly Mail for Borrowers & Guarantors

OA Dismissal in DRTs– Our contentions past 8 Years Proved by Patna High Court

Our contentions past 8 years regarding OA Dismissal (under certain conditions) in DRTs have now been proved by the judgment of Patna High Court which has been reproduced in full on this web site vide link http://www.drtsolutions.com/OA_Dismissal.htm which also gives the history of our fight for this issue past 8 years. There are several other contentions which we are fighting past 24 years (e.g. counter-claim, perfect trial in DRTs, etc) will also be proved with passage of time. We are not surprised because the Indian Judiciary is ranked 74th in the world i.e. there are 73 countries which are having better judiciary . As per Justice Krishna Iyer in 1988, we are 200 years behind. The challenge is to the Bar Counsel of India, Law Colleges, Advocates, Judges and the common men. The entire democracy depends on how soon Indian Judiciary is improved. The present Govt and Political Parties don't want as they prefer to continue the British System which was just to keep the public as their servants and loot the country whereas the Democracy aims at making the public as master and Public Officers as Servants. The public will have to fight for real freedom. The silver lining is that the persons like Swami Ramdevji, Anna Hazare, Kejriwal have spearheaded this fight. Technology is also helping e.g. 400 TV Channels, more than 70 crores mobiles, increasing use of Internet, growing Social Media etc. The DRT litigants constitute a knowledgeable and competent public by whose efforts the DRTs will definitely improve and the model thus created in DRTs will impact the civil courts.

Illegal Deposit of Auction Money - CMD, IFCI, its AGM (Law) and Recovery Officer (DRT-1), Delhi sentenced to One Month Jail plus Rs. 3.5 lac and Rs. 1.5 lac penalty to be paid out of their pockets