DRT Legal Solutions
(Debts Recovery Tribunal Legal Solutions) is an India based
Law Firm specializing in DRT, Securitisation, Sarfaesi, IBC, NCLT, Borrowers, Guarantors in Debts Recovery Tribunals and Defamation Solutions with Damages
Pioneers in Counter-claims and Damage Suits based on Law of Torts and Law of Damages
Personal Interest in Longevity, Wellness, Meditation, Laughter Yoga and Sound Health
Phones (India) - Mobile - +91-9691103689, Off. & Res. +91-731-4049358
E-mail :- email@example.com Web Site :- www.drtsolutions.com
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Saturday 1st April 2023 (last updated) Monthly Release 324
Highlights:- All problems of the borrowers & guarantors for Debts Recovery i.e. DRT, Securitisation Act ie Sarfaesi Act, Recovery of Debts and Bankruptcy Act, Insolvency and Bankruptcy Code, Recovery of Debts, Bankruptcy Act, Actions by CMM, DM, Magistrate under Sec 14 of Sarfaesi Act, ARCIL i.e. Asset Reconstruction Company (India) Limited, NCLT i.e. National Company Law Tribunal, as well as relevant Appellate Tribunals 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, ADRTs, & NCLTs. People from all over the country and abroad are phoning us and getting solutions to their DRT, ADRT, NCLT, Securitisation, Recovery of Debts and Bankruptcy Act and related legal problems. For Borrowers in DRTs, ADRTs or NCLTs or receiving any legal notices for recoveries, the best defence is Counter-claim or Counter Damage claim. To understand the details, please ring us at 9691103689. You will get instant information in detail. Many parties are approaching us either to draft or to redraft their counterclaims, loss and damages in DRTs under DRT Act or Securitisation Act as well as in NCLTs. 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 , ADRT, BIFR, NCLT and NPA experts to examine the legal and other 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. You are always welcome to approach us anytime for all DRT, ADRT & NCLT Problems and Solutions. We advise advocates on use of latest video and presentation technology in office as well as in court rooms. There are 39 DRTs and 5 DRATs in the country. In some cities like Delhi and Mumbai, there are even three DRTs in one city. Due to application of latest electronic technology, the cause lists of the DRTs are published on the internet on daily basis. The latest news and developments about the Debt Recovery, E-DRT Systems, daily orders, judgements are also available therein. We have also handled Defamation cases including consequent Damages. The case at present being handled is damage claim due to Defamation of Dabang Dunia and its owner by Dainik Bhaskar and the Govt. Deptt. The Damages are estimated to be above Rs, 10,000 crores. We have special knowledge and expertise in this line. The persons and bodies facing Defamation may contact us.
Our Client wins in SA against 4 Banks in DRT AS WELL AS IN DRAT – amount involved nearly Rs. 90 crores and a tooth & nail fight of 16 years The latest in this case (as on 17.02.23 is that the said Banks have lost their case in Appeal before DRAT Mumbai. Entire Judgment reproduced vide link DRT Orders in favour of Borrowers & Guarantors
Govt and RBI have framed Special Policies to help Borrowers affected by Pandemic Corona-19 The Pandemic Corona-19 has seriously affected the business all over the world. Government of India took special actions to help the borrowers affected by the said Pandemic Corona-19. The RBI constituted special Committee known as Kamath Committee which framed special RBI Circulars to help the affected borrowers. At the instance of the said circulars, the Board of the lenders had to issued special "Board Approved Policy" to help the assisted borrowers. In such cases, if proper pleadings are prepared, the said borrowers will definitely win their cases in DRTs. We have handled such cases. The affected borrowers may contact us on our M-9691103689.DRT Cases particularly those who have just received notices u/s 13(2) or 13(4) will be greatly benefited if they ring to us at Mob - 9691103689 (from 11AM to 6 PM on weekdays:- You get instantaneous advice on the said mobile no.
Best Approach in DRTs for Borrowers & Guarantors :- (1) If you are our client, our consultation is available to you at any time on 24/7 basis. (2) We encourage you to acquire basic knowledge so that you may interact with us as well as your advocate properly. (3) We insist that you must always be present in the Court along with your advocate. You get instantaneous advice on our mobile no. 9691103689 .
Safeguards under Sec 14 of Sarfaesi Act - Pl contact us on phone as soon as you received notice under Sec 13(2) of Sarfaesi Act, we shall advice you for necessary precautions and safeguards. Please keep the following in mind:-
(a) Sec 14 is not in isolation. Its an execution process under sec 13(4) for taking possession of the secured assets with the assistance of the CMM or DM.
(b) Property is a constitutional right under Art 300A of the Constitution. Its right can only be taken away by a legal order of a court of law.
(c) It is observed that the lenders are invoking the Sec 14 just after 45 days of the notice u/s 13(4). The borrowers must file their counter-claim in the SA. Further the borrowers must file caveat in the court of CMM or DM. If the caveat is not permitted, they should file an application before DRT requesting interim injunction against bank approaching CMM till the SA is decided particularly the situation of 'No Debt Due' on account of counter-claim is decided.
(d) The proceedings before the CMM or DM must be accomplished thoroughly well. In almost all the cases, the counterclaim is much more than the claim of the lender and hence there is 'No Debt Due'. Under such facts and circumstances, the lender cannot invoke Sec 14 and if it does so, it must be contested before the CMM/DM and DRT.
DRT is a Trial Court - Proper Pleadings with Counter-claim should be drawn & filed - Proper & Full fledged Trials be conducted - Pl inspect original documents, frame complete issues, have evidence and arguments on all the issues and ask the DRT Judge to award his judgment on all the issues.
Counter-claim is the only complete defence for the borrowers against Notice under Securitisation Act and or Original Application under the DRT Act as well as NCLT Act:- Under the Securitisation Act and the Recovery of Debts and Bankruptcy Act and related provisions of law as well as NCLT Act, the only and ultimate legal defence for the borrowers is Counter-claim giving quantum of loss and damages suffered due to wrong doings of the lenders. The pleadings must be prepared by a person having mastery of facts and mastery of law. The documents such as project report, application for financial assistance, loan sanction letters, correspondence, balance sheets, annual reports need to be referred to properly keeping in view the law of pleadings, law of torts, law of damages, principles of natural justice, RBI Guidelines, bank nationalization act, constitution of India, Administrative Law, Law of Limitation, various Supreme Court Judgments, equity and good conscience. Since the damages are under Sec 22 of the Limitation Act ie Continuing breaches and torts, there is no problem of limitation. In one case, we have even filed the counter-claim after 21 years of the WS. If you are unable to get such pleadings prepared, our professional services may be utilized. We are in this line since 2001. My articles on Counter-claim have been published in Financial Express 20.06.01 and 05.07.01 which can be seen by clicking Useful Article-Borrowers│Useful Article-Guarantors. With our drafting of pleadings, you get additional advantage of expert advice during course of litigation from beginning to end. Since our clients are from all parts of the country and due to our focused attention, you get up to date, complete and exhaustive guidance. All our clients are having upper hand over the lenders. In many cases the lenders have come forward to waive total interest and settle at fraction of the principal amount. In one of the cases the proposal of the lender is to waive the total claim provided the borrower withdraws the damage claim, which the borrower has declined.
Counter-claim must be prepared much in advance of the Notice under Securitisation Act or filing of the Original Application under the DRT Act:- The counter-claim or damage suit must be prepared much in advance of the recovery action initiated by the lender under Securitisation Act and the Recovery of Debts and Bankruptcy Act . The most appropriate stage is as soon as the lender declares the unit as NPA. The said counter-claim or damage suit must be ready before the lender issued Notice under Securitisation Act or files Original Application is filed by the lender in DRT. With such advance action only, the counter-claim or the damage suit will attain proper quality standards from legal considerations. As soon as the legal Notice from the lender under Securitisation or DRT Act is received the said counter-claim or damage suit is updated, mentioned in the objections and after the action u/s 13(4) included in the application u/s 17 of the Securitisation Act. Since prima facie there is no debt due, the lender can not take any action for the possession of the assets till the litigation pertaining to the said counter-claim or damage suit is decided by the court of law.
Winning bank litigations in DRT:- The first step is perfect pleadings drafted by a person having mastery of facts and mastery of law. The borrower must setup his counter-claim in money value based on law of damages, law of torts and banking laws, DRT Act, Recovery of Debts and Bankruptcy Act, law of evidence, civil procedure code, principles of natural justice, constitution of India etc. In almost all the cases, the counter-claim is much more than the claim of the lender. These are the condition precedents before commencement of litigation in DRT under the Recovery of Debts and Bankruptcy Act. The next important step is thorough preparation of the case by the borrower as well as his advocate much in advance of the commencement of the trial in DRT under the Recovery of Debts and Bankruptcy Act. The borrower and his advocate must prepare at least 7 days before the date. In case the counter-claim has been drafted by us, the outcome of the said preparation must be discussed with us on phone so that our guidance is also available prior to the date. The proceedings on the date must be properly recorded in the DRT. All the relevant facts must be obtained much before the arguments and thorough preparation must be made. No arguments be held at any stage till all the facts are discovered. Long dates should be resisted. With proper alertness and vigilance by the borrower who must work in unison with his advocate in advance will ensure winning bank litigations in DRTs. It must be understood that the battle is long drawn, time consuming and expensive. Even after winning in DRT, the borrower and his advocate will have to work hard in facing the appeals in ADRT, High Courts and Supreme Court. If the pleadings are drafted by us, we provide all guidance from DRT to Supreme Court.
Borrowers and Gurarantors can win in their bank litigations:- In most of the cases, we have found that if the counter-claim has been framed properly by a person having mastery of banking facts and mastery of banking laws and then the bank officials are properly cross-examined in the witness box so that they admit their wrong doings, the litigating borrowers and guarantors can win their cases. Most of our clients are moving in this direction. As a whole you may approach us for all DRT Problems and Solutions. Solution to any problem of debts recovery in DRT is our specialization particularly for the defence of the borrowers and guarantors.
Counter-claim can be filed at any stage:- We have prepared counter-claim even during winding up of the companies, after the final order of the DRT or at any stage of the trials in DRTs or ADRTs. There is no hitch of limitation. In one of the cases, we have filed counter-claim after 21 years of filing of the WS. We need one and half to two months time for preparation of counter-claim. If there is no such time available, we devise legal methods to gain time. Goal of any litigation or legal procedure is attainment of Justice. We help the borrowers and guarantors to get Justice at any stage of litigation.
Importance and Essentiality of proper defence for borrowers and guarantors:- Whole case can be fought and won only when proper defence has been made right from the beginning. Such defence should be made by person having mastery of facts and mastery of law. Here facts refer to those applicable to the individual case with thorough understanding of banking, business and industrial finance and their violations as well estimate of loss and damages based on project report and balance sheets. The law refers to all the relevant laws applicable to banking and finance right from 1949 as well as law of torts and damages. We are acclaimed expert and specialized agency to prepare such defence with uptodate current knowledge due to handling of such matters from clients all over the country. A phone call will help you in solving all problems relating to DRT, ADRT, BIFR, NCLT, Securitisation Act etc. Solution to any problem of debts recovery in DRT is our specialization particularly for the defence of the borrowers and guarantors.
Appeal to DRAT - Problem of 25% Pre-deposit - Only Solution is Appeal as Indigent Person :- As per Sec 18 of the SARFACEI Act, 25% of the amount of debt claimed by the secured creditor or determined by the DRT whichever is less is to be pre-deposited in DRAT before the Appeal is entertained. If the borrower is not having this amount but he intends to appeal, he should file the Appeal as Indigent Person vide details in O-33 of CPC.
Cross-examination of bank officials:- Evidence and cross-examination of bank officials including the Chairman and Branch Manger is highly essential. The sole aim is to get admissions of the wrong doings. Once the wrong doings have been admitted in the witness box by the bank officials, the borrower/guarantor has won the case as there is no arguments on admissions even upto the stage of Supreme Court. Such cross-examination of bank officials is highly technical and it requires mastery of facts and mastery of law.
Supreme Court Judgments:- Many of our clients and visitors of this site approach us for Supreme Court and High Court Judgments. We would like to inform them that judgments are available only on those matters and facts which have been adjudicated upon. Many of the issues relating to industrial and business finance have not yet been brought before the judiciary and hence no judgments will be available on the same. The counter-claims based on the law of torts drafted by us are being put before the judiciary for the first time. These matters and facts need to be processed during proper judicial process by way of proper pleadings, cross examination and arguments. The judgments thus obtained will go through the process of appeal by the affected party and thus all such cases will take few years to come before the Supreme Court and then only the final judgments of the Supreme Court will come. Till then we have to work on the basis of the fundamental of the law. We are following this approach in tackling all DRT problems and Solutions whether in DRT, ADRT, High Courts, BIFR, NCLT in future and Supreme Court.
Fin Min designates one DRT each in Chennai, Delhi and Mumbai to deal with high-value cases
The Finance Ministry has designated one Debts Recovery Tribunal (DRT) each in Chennai, Delhi and Mumbai for speedy adjudication and recovery in high-value cases of ₹100 crore and above. This comes in the wake of banks making a request to the Ministryfor setting up special DRTs for expediting recovery in high-value cases, in view of high pendency of cases in existing tribunals. As of February-end, there were 1,61,034 pending cases at the DRTs, with DRT 2 Chandigarh having the most (10,578 cases), followed by DRT 3 Chandigarh (8,885) and DRT 3 Kolkata (7,171), according to the reply of Bhagwat Karad, Minister of State for Finance, to a question in Lok Sabha. According to a notification issued by the Finance Ministry, DRT 1 Chennai will deal with all applications involving a debt amount of ₹100 crore and above falling under the jurisdiction of DRT 2 and 3 in Chennai, DRT Madurai, DRT 1 and 2 Bengaluru, DRT 1 and 2 Ernakulam, and DRT Coimbatore. DRT 2 Delhi will deal with all applications involving a debt amount of ₹100 crore and above falling under the jurisdiction of DRT 1 and 2 Delhi, DRT Jaipur and DRT 1, 2 and 3 Chandigarh. DRT 1 Mumbai will handle all applications involving a debt amount of ₹100 crore and above falling under the jurisdiction of DRT 2 and 3 Mumbai, DRT Pune and DRT 1, 2 and 3 Ahmedabad, DRT Aurangabad and DRT Nagpur. “With DRT recovery hovering around 4 per cent in the last two years and yielding lesser (in percentage terms) than even in Lok Adalat (RBI Trend and Progress of Banking reports), creation of high-value (₹100 crore and above) benches for faster disposal and value maximization was urgent need of the hour. “High-value cases are estimated to be numbering only 1 per cent, but amount wise constitute 80 per cent of claims,” said Hari Hara Mishra, Director, UV ARC. Organisation of three high-value DRT benches will help improve effectiveness in recovery mechanism, specifically high-value cases, he added.
Latest Amendments in DRT and SARFAESI Acts:-The government has doubled the monetary limit to Rs 20 lakh for filing loan recovery applications in the Debt Recovery Tribunals (DRT) by banks and financial institutions. The move is aimed at helping reduce pendency of cases in the 39 DRTs and 5 ADRTs in the country. The central government has raised “the pecuniary limit from Rs 10 lakh to Rs 20 lakh for filing application for recovery of debts in the Debts Recovery Tribunals by such banks and financial institutions,” said a Finance Ministry notification. As a result, no bank or financial institution or a consortium of banks or financial institutions can approach the DRTs if the amount due is less than Rs 20 lakh. According to RBI data on global operations (with provisional data as on March 2018), an aggregate amount of Rs 3,98,671 crore was written off by banks over the last four financial years. Over the same period, their NPAs declined by Rs 2,57,980 crore due to recoveries. Banks and financial institutions’ recovery of dues takes place on an ongoing basis through legal mechanisms, which interalia includes the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, Recovery of Debts to Banks and Financial Institution (DRT) Act and Lok Adalats. The borrowers of such loans continue to be liable for repayment even when the loans have been removed from the balance sheet of the bank(s) concerned. To make the tribunals more effective and to facilitate disposal of debt recovery cases, the government has made several amendments in different laws, including the SARFAESI Act.
Govt and RBI have framed Special Policies to help Borrowers affected by Pandemic Corona-19 The Pandemic Corona-19 has seriously affected the business all over the world. Government of India took special actions to help the borrowers affected by the said Pandemic Corona-19. The RBI constituted special Committee known as Kamath Committee which framed special RBI Circulars to help the affected borrowers. At the instance of the said circulars, the Board of the lenders had to issued special "Board Approved Policy" to help the assisted borrowers. In such cases, if proper pleadings are prepared, the said borrowers will definitely win their cases in DRTs. We have handled such cases. The affected borrowers may contact us on our M-9691103689.
Defamation and Damages:- We specialize in the law of Defamation and consequent Damages. In 2012, we handled a major case of Defamation involving damages of Rs 1400 crores. At present we are handling a Defamation case involving damages of more than Rs 10,000 crores. The interested persons may discuss on phone at our mobile no 9691103689.
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 linkhttp://www.drtsolutions.com/DRT-Judgments.htm
We have been providing citations and extracts of judgments favourable / useful to Borrowers and Guarantors under Recovery of Debts and Bankruptcy Act. 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-024 Bombay High Court judgment and order on 'Physical Possession u/s 14 of Securitization Act' in the matter of 'Milind Kashinath Mahadik vs State of Maharashtra' decided on 11.12.14. The said High Court set aside the orders of the Magistrates and directed the Magistrate to investigate u/s 156(3) of Cr. P. C. In this case the secured creditor took physical possession violating the law and procedure laid down in SARFAESI Act. Full text of the judgment is available vide link Milind Mahadik-Physical Possession u/s 14 Important portions of this judgment have been marked in Red.We have come to know that SLP filed by the State Govt has been rejected by the Supreme Court in limine and hence this judgment has become absolute.
◙ 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 linkhttp://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 linkwww.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 linkhttp://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.htmImportant portions of the judgment have been marked in Red.
◙ DRTS-06DRAT, 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.
Defamation and Damages:- We have handled few cases of Defamation and consequent Damages. Recently one of the promoter and owner of a newspaper was harassed by Govt. Deptt. He was also defamed and his investigation proceedings were published in a newspaper. We have commenced the legal action against the said Govt. Deptt. and the said newspaper. The damages assessed are more than Rs 10,000 crores. This is going to be one of the leading cases in our country.
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
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:- The news items are contained in our special 202nd DRT Weekly Mail dated 21.03.12. The complete order on Jail sentence by the Delhi High Court is contained vide clickIFCI CMD, AGM(Law) & DRT Recovery Officer ordered Jail One Month & Fine This proves our contentions that the Chairman of the banks and financial institutions must be impleaded as a necessary party for the wrong doings committed by the banks. Further we must file damages and or counter-claims for the said wrong doings. The pleadings should be perfect and case contested perfectly on all dates.
Our DRT Weekly Mail No 200th dated 09.03.12 is specially important as it gives History and Background of DRT Weekly Mails since 1st Mail:- It will be of tremendous use to everybody particularly those who are visiting this site for the first time.
We have no Branch or Authorised Persons except at Indore:- Our weekly mails are free and those who desire to get them directly may send their e-mail IDs. Any content of these weekly mail may be reproduced without our permission provided the source of this web site and DRT Legal Solutions are acknowledged. It is learnt that some persons are reproducing extract of these mails in their own names which is not proper. We have not authorised any such person. We neither have any branch outside Indore or have any authorised person to represent or act on our behalf. The most important part of our dealings is empowerment of our clients during the course of litigation. We provide massive information to our clients. It is learnt that some persons have started copying our pleadings but they are unable to provide the finer aspects and the much needed after sales service.
Lack of Management & Technology in Indian Judicial System – Greatest Cause of Huge Pendency & Utterly Low Efficiency - An article by Ram Kishan vide link Article by Ram Kishan on Management & Technology in Indian Judiciary
Our Client wins in Securitisation Appeal against 4 Banks in DRT – amount involved nearly Rs. 90 crores and a tooth & nail fight of 16 years The latest in this case (as on 17.02.23 is that the said Banks have lost their case in Appeal before DRAT Mumbai.
Entire Judgment reproduced vide link DRT Orders in favour of Borrowers & Guarantors
(1) The PO DRT Mumbai in his order dated 29.06.10 in respect of Securitisation Application allowed the same asking the 4 respondent banks to redeliver possession of the properties within 4 weeks.
(2) This has been most historic legal fight in DRTs for a period of nearly 4 years by law departments of 4 banks against securitization notices dated 30.12.05 and 02.01.06 for Rs. 64.44 crores and banking aspects of Representation & Objections, NPA,Accounts, Inspection of Documents etc.
(3) Such consortium of 4 banks losing Securitisation Appeal fighting tooth and nail for relatively large amount of Rs. 90 crores is most significant.
(4) The party came to us in 2006. We prepared their damage suit for Rs. 1904 crores which was filed in May 2007. They have been in touch with us practically every day. They worked hard in implementing our philosophy of perfect pleadings and perfect trial on every date. At times they had eloquent fight with their advocates and had to change them. They attended DRT conference at Indore in May 2008. They spread our message to their advocates and other suffering borrowers.
(5) While on one hand, the said 4 banks have lost their legal battle for recovery through the tool of Securitisation in DRT, the party’s damage suit against the banks filed in 2007 is still continuing wherein the banks are already losing heavily. The case has come to ‘Striking of defence of the banks’ due to non-submission of documents for inspection despite repeated court order.
(6) This case is a solid proof that a determined borrower can win against banks in DRT. It demolishes the myth that the DRTs favour the banks.
(7) Such fight proves the power of knowledge of banking, industry, finance and law. Above all this affirms that in a democratic country, citizens have adequate powers and protection against the wrong doings of bueauracracy due to ‘Rule of Law’ being above all.
(8) We appreciate the sincere and hard work done by our client at every moment of time and they rightly deserve such epoch making victory which will prove to be a mile stone in the history of banking litigations in the country.
(9) The party has sent following mail to us:-
From national flask ind. ltd.
To ramkishan firstname.lastname@example.org & ramkishandrt email@example.com
Date Wed, Jun 30, 2010 at 6:01 PM
Kind Attn: Mr.Ramkishanji.
We take this opportunity to thank you very much for your timely guidance / suggestions during the proceedings of Securitisation Application in DRT. Because of your guidance, we have succeeded in DRT. The DRT has allowed our Securitisation Application and directed the consortium bankers to repossession of the properties. You have given your best guidance for,
1. application for inspection of documents to bring facts on record,
2. affidavits / rejoinder to put facts on records,
3. other correspondence with the consortium bankers and,
4. preparing the arguments,
We once again thank you for your kind support.
Keto Diet Vegan with Intermittent Fasting - my personal experience at age of 79 years - status on 25.09.21
I was highly impressed by several YouTube videos of Dr. Eric Berg, DC and Dr Nadir Ali. I also studied Dr Berg's famous book 'The New Body Type Guide' At my age of 79 years, I maintain very good health with height of 5' 7.5" and weight 52 kgs since Sept '19 implemented 'Keto Diet with Intermittent Fasting, Eating Window 8 hours and Fasting Window 16 hours. I was amazed by excellent results. There was all round improvement in energy level, mental clarity, vision, sleep and freshness throughout the day with no hunger and no craving. I am highly thankful to Dr. Berg for the pioneer work done by him in explaining the fundamentals of good health. With passage of time, I am posting my experience of the said Keto Diet in detail on my exclusive web page vide link Keto Diet Vegan I.F.- Personal Experience Age 79 Yrs . I have also posted these facts on my page on the facebook vide link https://www.facebook.com/ram.kishan.777 This was also posted on my whatsapp groups relating to Man Pasand Keto Club. There is tremendous response from the visitors and members. Posted several videos of Dr Berg & others on Facebook and WhatsApp. These deal with important aspects of Keto life style. I have also prepared several videos on the Keto Diet and uploaded the same on the YouTube searchable with phrases like 'Keto Ram Kishan' , 'Ram Kishan Keto' , and 'Keto Videos Indore' etc.
Senior Citizens - Longevity दीर्घायु & Health Problems - I am 80 years young as on 01.01.2023 and my hobby is to maintain good health, rather becoming younger day by day. Meditation daily half an hour in morning and half an hour in evening along with Mrs is a must. Recently I have published few important videos [ (1) दीर्घायु क्यों व कैसे (2) दीर्घायु उपयोगी चर्चा (3) दीर्घायु व घुटनों की समस्या (4) दीर्घायु व वृध्दावस्था के लिए अमृत है कीटो डाइट] on Facebook and YouTube on the important topic of Longevity ie दीर्घायु To reach to my the said videos, you may search ' Ram Kishan Longevity' or रामकिशन दीर्घायु in Google or YouTube. My profile link on facebook is https://www.facebook.com/ram.kishan.777 My health reports as on 04.07.22 indicate that my fitness is that of an young person of 16 years. I use the latest technology to study fitness for Senior Citizens. If you are interested, you may ring me at my mobile no 9691103689. Since 2019 Sept., I have adopted Keto Diet, for details, you may visit my exclusive web page by clicking Keto Diet Vegan I.F.- Personal Experience Age 80 Yrs I have posted several videos on Longevity on my facebook page of Ram Kishan as well as on the YouTube. You may reach my these videos by searching 'Ram Kishan Longevity' This is purely a free social service without any commercial interest.
Laughter Yoga App - Contractual Violations and Fraud by Shashwat Jain
The latest position on this matter may be seen on my exclusive webpage vide link LY App - Contractual Violations by Shashwat Jain
Economic Times, Mumbai seeks and publishes views of Mr. Ram Kishan on DRTs
The Economic Times, Mumbai in its news item 'Debt recovery tribunals see NPA surge due to slowdown' at Page 5 of its issue dated 21st April '09 published the following views of Mr. Ram Kishan based on an interview:-
"The meltdown in the economy will lead to increased cases of NPAs" said DRT Consultant Ram Kishan" Also the current process of debt recovery proceedings are old and hence inefficient. We need better management of the court for speedy disposals" he added."
'Video Arguments' demonstrated before All India CAs Conference on 22.02.09 at Indore We are pleased to inform that Mr. Ram Kishan delivered a talk on 22nd Feb. '09 in Dhirubhai Ambani Auditorium during the 'All India Conference of CAs' at Indore on the topic of 'Video Arguments in Judicial Proceedings' The talk was based on PowerPoint presentation and was video recorded. It was very much appreciated by the large gathering of CAs. The DVD containing the said video of the talk will be available shortly. The background paper of the talk was already published on this web site and may be seen by clicking here Court Technologies IT Presentation Video Arguments. The said paper was also published in the souvenir specifically brought out on this occasion.
Chief Justice of India informed about the ‘Video Arguments’ as well as Chief Justice of MP High Court:-
The 'Legal Forum of India' has informed these authorities about the 'Video Arguments' developed by us for the first time in India vide DRT Solutions Weekly Mail for Borrowers & Guarantors
‘Video Arguments’ - Demonstration and complete details:-
(a) For demonstration in Mumbai, contact Mr. Haresh Gandhi M - 09322641912
(b) 'Video Arguments' developed for the first time in India by us has been greatly appreciated by Borrowers, Advocates and Judges. For further details, please click here Court Technologies IT Presentation Video Arguments
First assignment of ‘Video Arguments’ completed:- We are pleased to announce that we have completed the first assignment of ‘Video Arguments’ for a Mumbai based client in respect of ‘Closure of Defence’ This is again first time in India. Before dispatching the CD on 19.09.08, we have shown the same to retired Judges and Senior Advocates. They all appreciated and commented that it will be specifically demanded by the Advocates and Judges as it offers great facility to them. We have been working on this development past two years and the final product has been greatly improved. We have applied for the patent and at proper time we shall demonstrate the same before the Chief Justice, Supreme Court of India. Latest Demo CD will be released separately.
Thrilling Success Story of Our Guidance:- A case from DRT Madurai shows as to how a bank fights against its borrower by presenting wrong facts and is out to misuse the provisions of Securitisation Act but the power of law is Supreme. The thrilling story in the words of the people on the spot vide mail dated 09.04.08 copy may be read by clicking Success & Results of Our Guidance
Important News about the All India Conference held at Indore on 8th and 9th Jan 2011 under the auspices of 'Legal Forum of India' :- There was a tremendous response to the proposed conference. Participants came all way long from Mumbai, Kolkata, Chennai, Bangalore, Salem, Belgaum, Jalgaon, Vardha, Chandigarh, and Indore. A group of 35 businessmen, industrialists, advocates, CAs, borrowers and guarantors attended the two days sessions commencing from 4 PM of 8th Jan 2011 Saturday and full day session 9 AM to 6 PM on 9th Jan 2011 Sunday. The details may be seen at the separate page covering the said conference. Please visit this page, inform to your friends so that maximum number of needy and or interested persons may be benefited.
Banker's blackmail: Pay up, or you get blacklisted with Cibil:- DNA Mumbai in its headline story on 3rd April '08 informed as to how some of the bankers are misusing the power and committing wrong doings in false reporting of credit ratings of individuals and companies. Such reporting is illegal if there is any dispute raised by the borrower. The remedy for the borrower is to approach the Bank's Ombudsman or file an Injunction and Declaratory Suit or file FIR with police as well as damages against the bank depending on seriousness of such wrong doing by the bank or financial institution.
Web Sites of the Banks contain lot of useful facts for defence of Borrowers and Guarantors:- On study of web sites of the banks, it is found that the same contain lot of useful facts for the defence of borrowers and guarantors. The DRT defendants must study the web sites of the concerning banks and financial institutions and inform us the important facts which are useful to them. We shall incorporate the same in the pleadings. On our own, we shall also study these aspects and include in the pleadings.
All India Conference at Indore on 3rd and 4th May '08 under the auspices of 'Legal Forum of India' :- There was a tremendous response to the said conference. A group of 48 participants came from Bangalore, Mumbai, Madurai, Chandigarh, Hyderabad and Indore. Mr. BS Malik, Advocate on Record, Supreme Court of India was present during the complete conference. A separate page coveing the details about the said conference can be reached by clicking All India Conference at Indore Please visit this page, inform to your friends so that maximum number of interested persons may be benefited by the deliberations of the said conference.
Bank officials were to be arrested, bail refused by sessions as well as High Court, Supreme Court in its order dated 07.12.07 asks them to report to Police Investigating Officer on 09.12.07 & interrogation to be carried out continuously for 5 days and as and when necessary thereafter :- Seven Bank Officials of a Cooperative Bank in Mumbai were to be arrested for investigation in the matter of SARFAESI Act proceedings pertaining to Wings Entertainment Ltd., one of our clients in Mumbai. The anticipatory bail application of the said bank officials was rejected by Sessions Judge on 21.11.07. The High Court Mumbai in its order of 26.11.07 confirmed the said order of the court below vide proceedings in the matter of Jayant A. Joshi & others vs State of Maharashtra, Criminal Application no 3825 of 2007. The said officials have appealed to Supreme Court. In the hearing held on 7th December '07, the Supreme Court has asked the said officials to report to the police on 09.12.07 and interrogation is to be carried on continuously for 5 days and as and when needed thereafter. The investigation report is to be submitted to the Supreme Court on 07.01.08 for the hearing to be held on 08.01.08.
Important Announcement - Video Arguments presented in Indian Court for the First Time :- We are pleased to announce that on 10th October 2007, proposed 'Computer Presentation' was held for the first time in the country by Mr. Ram Kishan before Hon'ble District Judge, Indore and the 'Video Arguments' were submitted and shown to the said Judge on 15.10.07. Thus a history has been made in the Judicial Management in our country. The said District Judge, Indore in his order dated 27.10.07 pertaining to MJC No 152/07 paid eloquent tribute to us for development of such system. We have prepared two DVDs, one showing the method and system for such presentation, its advantages with a practical application. Another DVD showing the actual presentation before the District Judge, Indore on 10th October 2007. we have prepared an article titled 'Computer Presentation & Video Arguments' vide click here Court Technologies IT Presentation Video Arguments Many retired Judges and Senior Advocates have appreciated this development and have desired earliest possible introduction in Indian Court Rooms. Our Clients viz Mr. Rajendra Seth, Mumbai, Mr. Shishir Jhunjhunwala, Nagpur, Mr. Sundararajan, Madurai and others viz. Mr. Narasimhan, Adv., Chennai have sent e-mails to us congratulating this epoch making development. We are thankful to them for their kind gesture.
Accounts filed by Banks/FIs in DRT must be as per law rules DRAT Mumbai:- In an important ruling in respect of our client vide Shri Radhakrishna Steel and Alloys, Appellant vs Bank of Maharashtra, Respondent, the DRAT in its order dated 28.9.07 (OA No 96/2006 of DRT Nagpur) have asked the bank to submit accounts as per law laid down by the Supreme Court in the matter of Central Bank vs Ravindra and have permitted the borrower litigant to file their WS after submission of the correct accounts. We have observed that almost in all the cases, the accounts filed by the Banks/FIs are not in accordance with law and hence such application be moved in DRT so that first correct accounts as per law are submitted before filing of WS and or Counter-claim.
Our Client settles at less than 5% of dues due to impact of counter-claim against Bank:- This is just for your information that one of our clients have settled with the bank for amount less than 5% of the total dues (nearly Rs. 17 crores) vide State Bank of Mysore vs. Akasha Textiles, OA No - 3163/2000 in DRT-II Mumbai. Such settlement could be possible because of the impact of counter-claim as may be seen from the client’s mail extract may be seen by clicking Success & Results of Counter-claims When the State Bank of India Mysore can settle for less than 5%, other banks can also do. Hence if there are wrong doings by the Banks, the borrowers must file the damages and if there is any move for settlement, it must be kept in view that the settlement should not be more than 5% otherwise it is better to contest the damage suit or counter-claim.
Important Victory of Our Client against Bank:- One of our important clients at Chandigarh who filed damage suit of Rs. 1825 crores against a public sector Bank on 13.01.05 registered an important victory on 03.03.07 when the Court waived the entire court fee of nearly Rs 180 crores despite all opposition by the defendant Bank. The alleged dues of the Bank are Rs. 30 crores. Since the damages are much more than the alleged claim of the bank, no recovery action can be executed till the said damage suit is finally decided. The usual delay in the litigation does not affect our client as the damages are increasing day by day due to interest charges at rate which is much higher than the increase in the alleged claim of the bank. The said damage suit was drafted by us and all necessary advice and guidance was provided on all dates of proceedings.
Case of Fabrikant (MFS), Fabrikant-Leer (FLI), Counter-claim or Damage Suit against lending Banks:- The said USA Corporation being one of the world's largest manufacturers and distributors of diamonds as well as an industry leader in diamond and gemstone jewelry including Gold Jewelry has intended to be restructured under USA Bankruptcy rules. As a result, several Indian as well as foreign suppliers world wide have become innocent victims being mostly unsecured creditors. We have observed that in some cases, the lending banks have committed numerous wrong doings with such suppliers. Under these facts and circumstances, the only remedy is filing counter-claims in DRTs or Damage Suits in civil courts. The possibility of redressal from the said Bankruptcy proceedings or winding up proceedings particularly for the said unsecured suppliers is extremely remote. As stated above, if there is any move for settlement, the same should not be more than 5%.
Technology in Court Rooms - Video Briefs and Video Arguments:- Application of current presentation technology can tremendously improve the quality of legal process in the court rooms including DRTs. Presentation in Microsoft PowerPoint will help the Advocates in preparing their arguments in advance. They can carry their notebook computers in the court rooms and present their arguments in better manner. Their entire arguments can be videotaped and submitted to the court in form of a CD as document. This 'Video Arguments' will be akin to 'Written Arguments'. This will help the judges to view and replay if necessary before writing the judgments. He can pause, play, replay forward, backward and thus recall of the arguments will be accurate and full which is essentially required in modern complex industrial and business litigations. The judges need not make any notes and the entire argument will be available to them at any time and due to replay facility, the judgment writing will be much easier and accurate too. Such CDs will also be helpful in appeals. With such use of the current video and presentation technology, the quality of adjudication will improve a lot. We have developed the entire technology and the same has been demonstrated to the retired judges and eminent advocates. They all have appreciated the same. This is just for information that the prisoners are being examined using the technique of video conferencing. The questions in Lok Sabha and Rajya Sabha may be asked by way of Electronic Presentation. In USA Supreme Court, all the arguments are video recorded and are available on internet date wise. We have been flooded with queries on this subject. The above is permissible under Sec 4 of the IT Act 2000.
We intend to prepare such presentation particularly for our clients. Those who are interested further, they may visit ' Court Tech Forum ' on internet. Many court rooms including District Courts in USA and UK are well equipped with computers, projectors and cameras and the Advocate need to carry only his CD for presentation. There are many private agencies who prepare such presentations for the advocates. We can provide such services in India. For further details on this topic please click our sspecial web page at Court Technologies IT Presentation Video Arguments
On 9th July '07, 15,000 Judges in India have received Laptops and they have been provided with 3 months training. We have demonstrated the method and system before the District Judge, Indore on 10th Oct. '07 for the first time in the country. In his order dated 27.10.07, the said District Judge, Indore has appreciated our development. We are at the doorstep to a revolution in Judicial Management and the transition is akin to bullock cart to automobile.
Purchase of NPAs by ARCIL and Counter-claims against the sellers:- The asset reconstruction companies like ARCIL are buying NPAs from the financial institutions and banks on average price of 24% and then they will sell at higher price. On the other hand the ARCIL will contest cases in DRTs for 100% claims with future interest. Such intended recoveries and earnings are much more exorbitant than the Pathans and Village money lenders. Hence it is all the more necessary to file counter-claims against ARCIL for the wrong doings of the lenders who should also be made parties. We have full expertize to prepare such counter-claims.
Ram Kishan delivered a talk in All India Conference of Chartered Accountants:- Mr. Ram Kishan delivered a talk on 'NPA Recovery by Banks - Defence of Borrowers' in All India Conference of Chartered Accountants on 25.02.07 at auditorium of Devi Ahilya University at University Campus, Khandwa Road, Indore. The said talk was organized by the Fiscal Laws & Corporate & Allied Laws Committee of the Institute of Chartered Accountants of India hosted by Indore Branch of ICAI. The emphasis in this talk was on the practical aspects and real life solutions for the defence of borrowers. The audience was thrilled and astonished as such points of defence were not known to them. They desire to have series of talks on this topic. A VCD containing video clips of 'How to win Bank Litigations' by Ram Kishan and extracts from video interviews of Mr. BS Malik, Sr. Supreme Court Advocate, Mr. GC Garg, Eminent Banker and Mr. Balasubramanian, also an Eminent Banker was provided to genuinely interested persons. A CD containing the presentation will be provided to the persons who desire to listen to the said talk.
Our latest Article on 'NPAs, Recovery and Important Legal Aspects' :- This Article contains useful information for the defence of the Borrowers particularly in the context of the latest Supreme Court Judgment. The said article can be approached by clicking the link NPA, Debt due, Rehabilitation of Sick SME Industries This article is virtually summary of this entire web site and will be very useful to the borrowers and guarantors facing litigation in DRTs.
SC Judgment on DRT, Securitisation, Transcore
The above Supreme Court Judgment and our Comments:-
(1) In almost all the cases, the facts are same in both the proceedings viz DRT and Securitisation. (2) Hence the defence is also same in both the proceedings. The counter-claim or damage suit will also be same. (3) The litigant borrowers and guarantors should prepare exhaustive pleadings giving full facts, law and damages based on law of torts and law of damages. The person who is preparing the pleadings must have mastery over banking, finance and law. Since we possess this expertise, our help may be taken. (4) In almost all the cases, we have found that the loss and damages are more than the claim of the lenders, the cases must be fought properly. (5) It is observed that the lenders are unable to tender proper replies and hence they must be called to witness box and cross examination conducted till the admit the wrong doings. (6) With such approach only, one can win in DRT.
Our approach of counter-claim or damage suit against the lenders fully endorsed by authorities:- Two leading authorities in law and banking both having more than 40 years of experience in law and banking have fully endorsed our approach to counter-claim in DRTs or damage suit against the lenders in civil courts. You may click the pages Video Interview - BS Malik, Sr. Supreme Court Advocate and Video Interview - GC Garg, Ex-Senior Bank Official which give the contents of the video clips of interview with them. You may take out the print and study the same. Listening to the video interview will be further useful. You may select the clips for replay for discussions with your colleagues as well as the advocates. You may obtain the VCDs from us to listen to their views which will be quite useful to all the borrowers and guarantors as well as to their advocates. The counter-claim or damage suit against the lenders are the only legal defence and we specialize in framing such defence. We have handled several such cases throughout the country. You may contact us on phone to know further details.
PIL to be filed against DRTs:- One of our Clients desires to file a PIL against the DRTs. He has observed that (1) The bank officials and their advocates are meeting and discussing the cases with the PO in his chamber. (2) The Ministry of Finance is calling meeting of all the POs (3) The salary and wages of the DRTs are being met with from Ministry of Finance. These factors are against the equity as the banks and FIs are one of the parties before DRTs. Will you please send the proof of all these matters personal affidavits, publication in news papers etc. to us at 205, Morya Palace, 5/1, Diamond Colony, New Palasia, Indore-452001
Our this web site is dedicated to Yoga Rishi Swami Ramdev Ji Maharaj:- Our this web site is respectfully dedicated to Yoga Rishi Baba Ramdev Ji Maharaj whose method of Pranayam has cured even incurable diseases and thus has revolutionized modern medical science. For further details please visit our special page by clicking here Baba Ramdev Ji Maharaj, Yoga Guru, Cure for All Diseases, Medical Science Revolution
Supreme Court verdict in the case of Indian Bank vs ABS Marine:- The Supreme Court of India has upheld the right of the borrowers to file countersuit or damage suit against the lender in civil court or DRT. In almost all the cases, the damage claim of the borrower is much bigger than the lender, the execution of the claim of the lender will have to wait till the said suit in civil court or DRT is fully decided. The said counter-claim can also be adjudicated upon in DRT. if on account of any reason, if it is transferred from DRT to Civil Court or vice-versa, the position in respect of the execution of the lender's claim will remain the same. We have been upholding these views since 2001 as laid down in this web site since then as well as in our articles and letters to editor published in the Financial Express since 2001. As a whole, the principles of equity, justice and good conscience continue to remain applicable in any court whether it is DRT or Civil Court. Since at present the judicial process is expensive and long drawn, such cases can only be fought by the borrowers who can mobilize financial resources to fight court battle and due to such litigants only leading judgments will come, which will be useful to other suffering borrowers and guarantors.
Justice is Supreme. Procedures, Provisions of Law and Machinery of Law have to aim at getting Justice :- In a democratic society like ours which is ruled by Law, the Supreme Court of India has held that Justice is Supreme. Even the law bends before Justice. The procedures are handmaid of Justice. The natural corollary is that the complete court machinery like Civil Courts, DRTs, High Courts and Supreme Court including their Judges exit and have to work only achieving Justice in each and every case in most efficient manner. The established judicial process is quite strong provided it is implemented properly. First stage is the pleadings which should be drawn by the person having mastery of facts and mastery of law. In the specific legal defence of the borrowers and guarantors in DRTs, the pleadings must contain the counter-claim. Then the erring bank authorities including Chairman of the bank should be cross examined in the witness box again by a competent person having mastery of facts and mastery of law. If such process is followed, in almost all the cases the banks will lose and instead of recovery of their claims, they will have to pay the damages.
Proof by Affidavit in DRT is not sufficient in most of the cases where it calls for examination of Bank Officials :- In almost all the cases of our clients, we have observed that the affidavits filed by the bank officials do not offer complete proof. Hence the said bank officials including the Chairman and the Branch Managers need to be examined and cross-examined in the witness box. The defendants must be vigilant and careful to ask for the same. The cross examination of the bank officials must be carried out by a person having mastery of facts and mastery of law. The entire cross examination of the bank officials must be video taped and submitted as document in form of the CD. Then only the defendants can be sure to win their cases including the counter-claims. We offer our professional services in conducting such cross-examination.
Affidavit on behalf of the Bank must be signed by the Chairman:- The Branch Manager and other officials of the Bank may submit affidavit on their behalf but the affidavit on behalf of the Bank must be signed by the Chairman of the Bank.
Good News for the Borrowers and Guarantors:- On account of the counter-claims and better preparations of the Borrowers and Guarantors, the bankers are more inclined for settlements at very low offers. Please find out the lowest offers and then settle carefully with consent decrees. Wherever settlement is not possible, there is no other options but to follow our approach elaborated in this web site.
NPA, Debt due and Rehabilitation of Sick SME Industries:- At present there is gross mistake in calculation of NPA and Debt due and accordingly the Rehabilitation Plans of the potentially viable sick industries are also wrong. Our suggestions and the only correct solution for rehabilitation of sick SME Industries is contained in a article which can be seen by click here at NPA, Debt due, Rehabilitation of Sick SME Industries We have NPA Consultants to offer NPA Consultancy.
Affidavits for our clients:- Few of our clients have started approaching us to prepare their affidavits as they find that their advocates are not having required spare time for such technical job. You may also approach us for this specialized service.
Cross Examination of Bank Officials:- Many of our clients find that their advocates are not having sufficient knowledge to cross examine the bank officials like Bank Managers and Chairmen of the banks and financial institutions and approached us for such highly specialized service. In fact we are uniquely suited for the same due to our focused and specialized knowledge and experience in this field.
Right to Information Act 2005 It is a an epoch making legislation for public including industrialists and business people to obtain informations from the government and its instrumentalities regarding the duties and responsibilities towards public and their customers. This act will prove to be a powerful tool in tackling DRT problems and finding solutions
Other Useful Information:- As a visitor, if you are not concerned with the main topic of this web site, you may visit Other Topics, Health, Jobs, Social, Projector, Web Publishing which you will find highly useful. We are going to enrich this particular page regularly.
Our Client wins against Bank, DRT Mumbai declares possession of factory illegal under Securitisation act:- in the matter of M/s Aarti Cables vs Bharat Co-operative Bank, the PO DRT Mumbai passed an important judgment on 16.09.05 against the bank declaring the possession of the factory under Securitisation Act as illegal.
New Pages added on this web site:- We have added three new pages to this web site viz Success & Results of Counter-claims│Our Attorney Associates & Well Wishers│Indian Legal Forum for Industrialists & Businessmen These pages contain useful information and solutions for the industrialists, businessmen and their associations as well as for the borowers and guarantors.
Important Tip to Old and New Visitors, Industrialists, Businessmen, Borrowers, Gurarantors, DRT Litigants:- A visit to new page Synopsis Video Interview - BS Malik, Sr. Supreme Court Advocate will be highly useful, wherein you may see and listen to Mr. Malik on the said page itself. You may take out the print and study the same. Listening to the entire video interview will be further useful. You may select the clips for replay for discussions with your colleagues as well as the advocates.
Formation of 'Indian Legal Forum for Industrialists and Businessmen':- With our approach only the borrowers and guarantors can have winning fight with the wrongful lenders, but the process of such legal fight can be more efficient and quick if certain aspects can be brought under legislation. The same are pointed out in new page in this web site which can be visited by clicking here Indian Legal Forum for Industrialists & Businessmen Instead of litigating in each and every case, such common aspects can be legislated. This may take few years provided efforts are made now. Kindly discuss among industrialists and businessmen and mail your views.
Our Client files damage suit of Rs. 1825 Crores against a bank and a financial institution in Chandigarh:- Our Client, an eminent Supreme Court Advocate (practice more than 25 years in Supreme Court) has filed a damage suit of Rs. 1825 Crores in Chandigarh on 13.01.05 against a bank and a financial institution. The said damage suit was drafted by us and it runs in 118 pages having documents of 537 pages. In a video interview lasting more than 30 minutes on 23.01.05, the said Mr. Malik appreciated our legal concepts, our drafting and our knowledge and experience about application of law of torts to banking, industrial sickness, drt, counter-claim, securitisation act and calculations of damages. The same interview has now been divided into 18 clips mentioned above at the top of this page. The said client registered an important victory on 03.03.07 when the Court waived the entire court fee despite all opposition by the defendant Bank. The alleged dues of the Bank are Rs. 30 crores. Since the damages are much more than the alleged claim of the bank, no recovery action can be executed till the said damage suit is finally decided. The usual delay in the litigation does not affect our client as the damages are increasing day by day due to interest charges at rate which is much higher than the increase in the alleged claim of the bank. The said damage suit was drafted by us and all necessary advice and guidance was provided on all dates of proceedings.
Cross Examination of Chairmen of Banks or FIs is a must :- You get only one and last opportunity for trial in DRT. In RBI Guidelines, the Chairman of the banks and FIs have been held specifically responsible. You must make them a party, in pleadings mentioning that you would be cross examining them. Go to their offices and make video recording of the cross examination. Be very strict on this aspect as the legislation has made appeal nearly next to impossible to expect any relief.
Useful judgment of Madras High Court:- The Madras High Court vide the news item dated 10th December 2004 in the Hindu, in the matter of Central Bank of India vs TTG Industries Ltd. have ruled that the banks and financial institutions can not simultaneous resort to action in DRT as well as initiating action under Securitisation Act.
Securitisation Bill passed on 07.12.04 The Lok Sabh has passed the bill relating to the Ordinance mentioned below. Our comments as under will apply.
Ordinance dated 11.11.04 in respect of Securitisation Act:- The government has issued an Ordinance in respect of Securitisation Act. Some of the amendments proposed are against the spirit and letters of the verdict of the Supreme Court in the matter of Mardia Chemicals. The said proposed amendment will open new flood gates of litigations. Our comments may be seen by clicking here :- Securitisation Act-Comments
Formation of ARCs :- The litigant borrowers particularly those having disputes of large amount will have to face ARC or ARCs i.e. Asset Reconstruction Companies. Here again, the most important tool will be counter-claim which must be filed against the concerned ARC and also the lending banks and institutions holding them responsible individually and severally. All our guidance about the counter-claim in this web site also apply in this case also
Bombay High Court rules in Borrower's favour in respect of Notice under Securitisation Act- On 6th Sept. '04, the Bombay High Court ruled in favour of the Borrowers, canceling the impugned notices under the Securitisation Act. vide details and our comments by clicking here :- Securitisation Act-Comments The bank will have to return the properties taken in possession under the Securitisation Act.
DRT rules in Borrower's favour, asks Bank to pay Damages- Vide news item at page 8 of the ET dated 17.07.04 with the title as "It's a first, DRT rules in borrower's favour, asks bank to pay damages" This is the first time under the Securitisation Act that a bank has lost a case against a borrower in DRT. The bank has been asked by DRT Mumbai to return the secured property back with per day damages as well as cost of the appeal preoceedings in DRT. Please vide details and our comments by clicking here :- Securitisation Act-Comments
Important Questions and our Answers in respect of Securitisation Act- A leading Financial Association of the country has asked 6 important questions and desired to publish the answers in form of our interview. The said questions and answers can be seen by clicking here:- Securitisation Act-Comments The visitors and readers my interact by sending e-mails to us.
Securitisation Act - Govt may plug gaps, DRT Act may also be amended:- Vide news item at page 1 of the Economic Times dated 15.06.04. For our comments, please click here :- Securitisation Act-Comments The DRT litigants, borrowers, guarantors, industrial associations must be vigilant and alert over any unconstitutional and iniquitous amendments of the Securitisation and DRT Acts. The bureaucracy in banks and financial institutions is all out to have arbitrary powers which can only be thwarted by filing proper writs.
Progress of counterclaim of Rs. 1864.14 crores filed by one of our clients at Indore facing alleged recovery of Rs. 69.23 crores in DRT Jabalpur:- The DRT counterclaim was drafted by us and the case was filed in December 2002. The details may be seen by clicking here DRT Cases Handled by Us The party has reported that the applicant bank is finding difficult to fight the court battle in DRT. Instead the bank has become jittery and is troubling the party and is creating hurdles in getting finance from other banks. It is indulging in further wrong doings amounting to defamation, about which the party has reported to DRT. The party desired that we should conduct the cross examination of the bank officials at appropriate time.
Advice to New Visitors and DRT Litigants
Please speak to us on phone (nos given above) or send e-mail. If you desire to have personal discussions about your DRT or Securitisation or IPR legal matters, please first send copies of important documents at our address given at the bottom of this page and fix up prior appointment on phone. The person who can take full decisions should only visit us. We are based at Indore in Central India. In extreme urgency, you may visit along with papers but you will have to stay at Indore at least for two days. We have clients from all over the country as well as abroad. As a whole you may approach us for all DRT Problems and Solutions. With our advice, several borrowers and guarantors in their DRT cases have benefited. and hence you should not be afraid of legal problems relating to DRT, Securitisation Notice, Appellate DRT or NCLT i.e. National Company Law Tribunal, sec. 138 of NI Act relating to dishonour of cheques, BIFR, NPA Consultancy by NPA Consultants, IPR matters etc.. Your DRT advocate must be doing a very good job but he needs our specialized and expert help to achieve success in DRT litigations as he is not having that much of thorough knowledge of banking, industries, industrial finance, securitisation act, DRT intricacies, DRT counterclaim, NCLT i.e. National Company Law Tribunal, BIFR, IPR etc. as we have. The drafting of legal defence for DRT cases, DRT counterclaim and IPR documents is highly specialized job and is the foundation of defence in Debt Recovery Tribunal. In preparing the said counterclaim, we take into account balance sheets, project report, correspondence, documentation etc. which normal advocates can not do. You have the first and last opportunity in DRT to file proper counterclaim The DRT counterclaims prepared by us are at various stages of adjudication in DRT Mumbai, DRT Delhi, DRT Jabalpur, DRT Chandigarh, other DRTs etc. Top industrialists, bankers, lawyers including DRT advocates have made references to us. We have a team of experienced lawyers, advocates, retired judges, chartered accountants, bankers, DRT advocates, NPA Consultants and industrial consultants to prepare DRT defence, DRT counterclaims, BIFR and IPR matters. Solution to any problem of debtrecovery in DRT is our specialization particularly for the defence of the borrowers and guarantors.
RBI Guidelines and RBI Interest Rate Circulars:- As per law and Supreme Court judgments, the RBI Guidelines are statutory and mandatory. The violations of RBI Guidelines constitute an important defense for the borrowers and guarantors in DRT litigations. We have prepared an useful compilation of the same in various formats viz. subject wise, date wise etc. Desired RBI Guidelines and interest rate circulars are available to our clients only. They are quite useful in DRT defence, DRT Counterclaim, DRT arguments, DRT appeals, defence and objections in Securitisation Act, defence in NCLT i.e. National Company Law Tribunal, BIFR etc. Our compilation of RBI Guidelines and interest rate circulars is a must for any DRT Litigants, their DRT Advocates and DRT Lawyers. As a whole one may approach us for all DRT Problems and Solutions
DRT Counterclaim:- We prepare the DRT counterclaim based on the wrong doings of the banks and financial institutions and illegalities as above. The DRT counterclaims prepared by us are comprehensive enough including all categories of loss and damages based on the law of torts. We have found that the DRT advocates and DRT lawyers prepare simple claims based on few categories. Several parties have and are referring their DRT counterclaims for us to redraft and recalculate the same. It requires an expertise and knowledge about the project report, appraisal report, balance sheets, legal proceedings in DRTs, correspondence etc. Mr. B.S. Malik, an advocate having court practice of 42 years out of which 25 years were in Supreme Court has appreciated our drafting of counter-claim vide synopsis of video interview which can be seen by clicking here at Synopsis Video Interview - BS Malik, Sr. Supreme Court Advocate As a whole one may approach us for all DRT Problems and Solutions
Mardia ne maar diya - Vide editorial in the ET dated 03.06.04. Also please vide news item at page 1 in the ET dated 02.06.04, the DRT Ahmedabad has awarded stay against any further action after attachment by ICICI Bank in the matter of notice under Securitisation act. This order is under sec. 17 of the Securitisation act. For our comments on these two items please click here :- Securitisation Act-Comments
Our Comments on SC Judgment on Mardia :-The judgment is in favour of the Borrowers and Guarantors. The doors for going to court and DRT before taking of possession have been restored. The draconian condition of 75% deposit for appeal to DRT has been removed. The full text of the judgment is available at www.judis.nic.in For our detailed comments on the said judgment please click here :- Securitisation Act-Comments Our comments on recent imposition of court fee on appeal to DRT are given below as well as on the said page.
Securitisation Act - Court Fee for appeal to DRT:- The recent imposition of fee for appeal in DRT vide news item at page 16 of the Economic Times dated 01.06.04 is unreasonable, arbitrary and hence illegal, for our comments please click here Securitisation Act-Comments
Securitisation Act - Writs in respect of Private Banks, Co-operative Banks, Foreign Banks etc. :- The borrowers and guarantors should understand that the writ jurisdiction can not be used against private banks, co-operative banks, foreign banks etc. which are not authorities under the Article 12 of the Constitution. for details please visit the page by clicking here Securitisation Act-Comments
Our Articles useful for Borrowers and Guarantors:- Our articles have been published in the Financial Express. The All India Manufacturers Organisation in its famous web site www.aimoindia.org has reproduced copies of our four articles relating to DRT matters. These original articles can be searched in the archive of the Financial Express in its web site www.financialexpress.com Two of these articles have been reproduced in other pages of this web site.
(1) We completed a DRT Mumbai assignment to prepare a DRT counterclaim against a public sector bank in respect of a textile unit. Assignments from DRT Mumbai, DRT Chandigarh, DRT Nagpur, DRT Jabalpur, DRT Allahabad have been received and completed. We had earlier handled DRT counterclaims drafting in respect of Steel, Plastics, Drugs, Communication, Synthetic Fibre, Fertilizers etc. Most of these cases are at various stages in DRT Jabalpur, DRT Mumbai, DRT Delhi and DRT Chandigarh. Few Borrowers and guarantors in DRT cases based at Mumbai, Delhi, Ludhiana, Bangalore, Jodhpur, Kolkata, Chennai, and Lucknow are in correspondence with us to take up their legal cases in DRT i.e. Debt Recovery Tribunal. Visitors from Mumbai, Goa and Nagpur visited us and held comprehensive discussions. A Senior |Solicitor and Advocate from Mumbai visited us along with our client. Assignments are at various stages. As a whole you may approach us for all DRT Problems and Solutions. Solution to any problem of DRT is our specialization particularly for the defence of the borrowers and guarantors.
(2) The parliament has, on 11.12.03, repealed 'SICA 1985' popularly known as BIFR Act. New body i.e. NCLT (National Company Law Tribunal) will take over the functions of BIFR including winding up of Companies. A new page has been added on this site on NCLT i.e. National Company Law Tribunal.
(3) We have solved many complex legal problems of borrowers and guarantors in their DRT cases and saved them and their properties. We can also be helpful to you in your case in Debt Recovery Tribunal. As a whole you may approach us for all DRT Problems and Solutions. Please study this web site and speak to us on phone if you have any unsolved or difficult DRT problem.
Advice to New Visitors :- This site contains several useful pages specifically for DRT litigants. The navigation buttons are marked in Blue and Red above. First please visit pages 'Useful Article-Borrowers' and 'Useful Article-Guarantors' which contain our published articles in the Financial Express respectively captioned as Who's afraid of debt recovery tribunals? and Debt Recovery Tribunals: There's way out for defence of guarantors Other important pages are DRT Solns. - Frequently Asked Questions, DRT Cases Handled by Us, DRT Solns. - About Us, DRT Solns. - News & Views, Useful Interactions with Clients & Visitors, Securitisation Act - Comments, MiniArticles - Letters to Editor etc in respect of Debt Recovery Tribunal, sec. 138 of NI Act relating to dishonour of cheques etc. Our new site www.usindolegal.com deals with BPO and legal BPO.
Other News :- (1) One of our clients in DRT Mumbai secured status quo and stay against legal notice under the Securitisation Act in a writ filed in Mumbai High Court. They have also filed damage suit against the bank. The writ as well as the damage suit were drafted by us. The immediate legal problems of the party have been solved. They have submitted their objections to the Bank. The Bank has rejected the same, the party has gone to the High Court by way of writ. The bank has settled the case and the factory has been restored to our client. (2) With our approach of legal defence of DRT counterclaim, the borrowers and guarantors in their DRT cases need not worry about coercive recovery actions like the said notices under the Securitisation Act or summary proceedings under the DRT Act, BIFR or forthcoming proceedings under NCLT i.e. National Company Law Tribunal and other legal matters relating to Debt Recovery Tribunal. As a whole you may approach us for all DRT Problems and Solutions. Solution to any problem of DRT is our specialization particularly for the defence of the borrowers and guarantors.
Highlights 0f Our Approach and Synopsis of this Web Site
The highlights of our approach and synopsis of this web site are given below. For further details, the visitors are requested to study contents of various other pages of this web site :-
Highlights of our approach :- (1) The bureaucracy in banks and financial institutions always commits mistakes and legal wrong doings in normal banking as well as in DRT. With our experience of nearly 15 years of dealing with bank and DRT litigations, we locate these wrongdoings and prepare countersuit or DRT counterclaim to be filed against the banks in DRT or civil court. Since such DRT counterclaims by the borrowers and guarantors are much more than the alleged dues claimed in DRT, legally there is no debt due and hence no recovery action under DRT Act or Securitisation Act can be indulged or enforced. During the process of litigation in DRT, the banks are made to admit their wrong doings and hence the discretion of the judge of DRT is avoided. Use of the law of torts greatly widens the scope of the damages in DRTs. For further details, please visit various pages of this web site dealing in various aspects of DRT litigations. (2) In respect of notice under Securitisation Act, the best legal defence again is Damage Suit or DRT counterclaim as the case may be. (3) Legal Opinion:- Parties may send copies of documents along with their queries at the address given at the bottom of this page. For any clarifications, they may contact us at our phone nos. given above. (4) For DRT Counterclaims filed by our clients against public sector banks in DRTs vide details on the page - DRT Cases Handled by Us (5) The NCLT i.e. National Company Law Tribunal Act has come into existence. The pending cases in BIFR and winding up cases in the High Courts will be transferred to the said tribunal. We have expertise to handle such cases also. All legal matters relating to Debt Recovery Tribunal i.e. DRT and NPA Consultancy are dealt by us with definite relief to the Borrowers and Guarantors. It would be a great help to your DRT advocate. As a whole you may approach us for all DRT Problems and Solutions. Solution to any problem of debtrecovery in DRT is our specialization particularly for the defence of the borrowers and guarantors.
Synopsis:- Law of Torts is our specialization. For the first time in India we have applied this law in DRT cases. DRT Counterclaim is the only defence in DRT cases including Notices under Securitisation Act. The banks always and in all DRT cases commit legal violations forming basis of such DRT counterclaims. Even in case of DRT suit filed accounts, the DRT counterclaim can be raised. Further, the application of law of torts alone offers full scope. This law is fully applicable in our country, We update the site monthly on every first Monday of a month or any other day for special release with latest and useful materials specially relating to DRTs. A visit once a month will be highly beneficial to you. For the convenience of the regular visitors, we have added a page - Update after last Release. On account of our specialized DRT knowledge and DRT practice for more than 20 years, with our exhaustive DRT legal opinion you need not be afraid of DRT or Securitisation Act or NCLT i.e. National Company Law Tribunal or BIFR. You may even speak to us to solve all DRT problems of borrowers, guarantors and their assets. We also prepare usual DRT written statements including DRT counterclaims in DRT cases apart from dealing in all DRT matters. We have clients from all over the country from various Debt Recovery Tribunals i.e. DRTs. As a whole you may approach us for all DRT Problems and Solutions. Solution to any problem of debtrecovery in DRT is our specialization particularly for the defence of the borrowers and guarantors.
Settlements and undue delays :- Many parties desire settlements. In almost all such cases, the bankers are unable to decide or ask the party to deposit some amount. The party loses such amount and ever increasing interest bring them to the amount from where the negotiation started. Under such situation, there is no other legal solution but to file proper damage suit against the bank in DRT. If the DRT court fee is a problem, declaratory and injunction suit may be filed. We can draft such suits and damage suits. In case of undue delays by the banks, similar action is the only legal solution. as a whole you may approach us for DRT Problems and Solutions. Solution to any problem of debtrecovery in DRT is our specialization particularly for the defence of the borrowers and guarantors.
Consequences of not safeguarding your interest :- With coercive legislations like Securitisation Act, summary courts like DRT i.e. Debt Recovery Tribunal and unified courts like NCLT i.e. National Company Law Tribunal, recovery adjudications and executions will be faster. Even properties may be sold off at throw away prices. The lenders will proceed through DRTs for further recoveries for balance amount (with interest) against the borrower and guarantors. In some cases, the borrowers are being arrested. Proper and timely DRT defence in form of DRT counterclaim alone can check this process. As the lenders are taking legal actions to protect their interests, you are fully justified in saving yourself with the tool of law. On account of our expertise and specialization, our drafting of DRT counterclaim and DRT legal opinions are of highest quality. In special cases, our help in arguments in DRT and NCLT i.e. National Company Law Tribunal and as a whole DRT Problems and Solutionswill be highly beneficial. Any delay in not coming to us endangers your property and creates problems to you and your next generation.
NCLT i.e. National Company Law Tribunal:- The NCLT i.e. National Company Law Tribunals have commenced its operations in the country. Most of the medium and large scale industries facing legal recoveries and under rehabilitation are having stay orders from BIFR will get the said stay vacated from the respective NCLT i.e. National Company Law Tribunal. The NCLT i.e. National Company Law Tribunal will have much wider coverage than the BIFR. The NCLTs i.e. National Company Law Tribunals in addition will deal with winding up cases also. The adjudications in NCLT i.e. National Company Law Tribunal and respective DRT will ultimately evolve leading judgments on industrial litigations in India. The material facts including counterclaim established in DRT will be the deciding factors in the respective NCLT i.e. National Company Law Tribunal. The DRT lawyers will find new avenues for practice in the respective NCLT i.e. National Company Law Tribunal. On account of our specialization in this particular field and long experience in Industrial Litigation equips us better to prepare suitable defence, guidance and advice in the matters to be dealt in DRT and respective NCLT i.e. National Company Law Tribunal and as a whole DRT Problems and Solutions.
BIFR Cases and Counter-claims: - Most of the BIFR cases are under stay till the NCLTs become active. During this period, the BIFR litigants must review their WS and if they have not quantified their loss and damages, they must prepare amendments to WS incorporating all elements of damages based on project reports and balance sheets. BIFR stay is a golden opportunity to evolve the strong defence of counter-claim. Many BIFR parties are in touch with us. We welcome such BIFR matters. The parties can interact with us on all implications of the BIFR litigations. The things will not be much different in NCLT. It is a modified version of BIFR. The constitution and working is similar to BIFR. Since we need minimum period of two months to prepare counter-claims, the BIFR parties must approach sufficient time in advance.
Scheduled Monthly Update :- Every first Monday of a month, special release for latest material on any day on DRT i.e. Debt Recovery Tribunal.
Overseas Visitors: - We specialize in measure of damages under torts or contracts and can undertake assignments for the same in any English speaking country. We have joint venture with an American Law Firm and details are available on our web site www.usindolegal.com For NRIs who are involved in India in DRT litigations, we offer full fledged legal services in DRTs as a whole DRT Problems and Solutions.
About Us :- Many renowned persons particularly connected with DRT, debt recovery tribunal, nclt, BIFR and industrial litigation have appreciated our work as well as this web site. Some of them are our clients, visitors of our site, industrialists, advocates, DRT & NCLT Lawyers and judges, as a whole DRT Problems and Solutions. Please see details and their comments at page About Us-DRT Solutions We have been dealing in DRT matters, DRT counter-claims, DRT defence for borrowers and guarantors etc since 2001. We have clients in several DRTs of the country.
'Man Pasand Longevity Club, Indore' is India's unique club of its own kind -its part of our social service:- There are two spheres viz. (1) Treatment of diseases and another (2) Creating health. While lot of work has been done in the arena of (1) and it is well known. It is highly essential also. The (2) is also known but effective measures are not being taken by the common man. Hence as a social free service we have started work in this area. The aim is 'not to fall sick' and keeping one hale and hearty. I myself at the age of 75, I myself am slim and full of energy whole day. Morning I get up at 4 AM, take bath and do yogic and other exercises. At 7 AM, myself and wife go to Nehru Park, take part in the Laughter Yoga Session from 7:15 AM to 8AM. Then we have Dance for half and hour. I video shoot the Laughter and Dance sessions, post the same on various WhatsApp groups and also on facebook on my page of Ram Kisan. I have rarely fallen sick and rarely have taken any medicine. Recently we have started this new club. I collect information from net and submit the same to Dr Garima Airen, most active member of our club. She presents the same during monthly sessions of the club. So far we have conducted the sessions on topics like knee problems, eyes and glasses, obesity, sugar etc.
'Man Pasand Laughter Yoga Club, Indore' is India's first Guinness World Record Holder in the category of 'Largest Laughter Yoga Class' :-On 22.02.17, we had received the certificate from 'Guinness World Records' confirming that 'Man Pasand Laughter Yoga Club, India is the 'Guinness World Record Holder' in the category of 'Largest Laughter Yoga Class' with effect from 28.11.15. This is first World Record for India in the field of Laughter Yoga. Its a great honor for India as well as for Indore. Man Pasand LY Club, Ram Kishan and Dabang Dunia feel proud to be associated for such historic achievement. How such a monumental achievement was made is contained in our special web page vide link Dr Kataria Indore Visit - Plan, Progress & Record
First Android App in the World in the field of Laughter Yoga made by us
Dr Madan Kataria, the world famous Laughter Guru visited Indore in November 2015 and set up a new Guinness World Record which is first for India in the field of Laughter Yoga Dr Madan Kataria visited Indore in November '15. He conducted 'Largest Laughter Yoga Class' on 28th November 2015 setting a new Guinness World Record. This is first World Record for India in the field of Laughter Yoga. Its a great honor for India a well as for Indore. Man Pasand LY Club, Ram Kishan and Dabang Dunia feel proud to be associated for such historic achievement. How such a monumental achievement was made is contained in our special web page vide linkDr Kataria Indore Visit - Plan, Progress & Record
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 SuggestionsThese 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, Chief Justice of Supreme Court of India.
Laughter Yoga is the Best Exercise for Overall Health Benefits:- For details of Laughter Yoga, its Health Benefits and how to start a Laughter Yoga Club, please visit our web page vide link Laughter Yoga by Ram Kishan, Indore This page is a very good compilation of the material on Laughter Yoga. It gives the real life experiences of members of our Laughter Yoga club. Our club at Man Pasand Park, Indore, India is now on international map vide the blog 'A Laughter Club Dream' written by Shri Jagat Singh Bisht, Laughter Professor, Laughter University International, link for the blog being http://www.laughteryoga.org/english/blog/blog_detail/833
Solar Healing, HRM, Sun Gazing, Solar Energy as Diet, Suryayoga: - Shri Hira Ratan Manek (HRM) has abandoned food since 1995 and has substituted it with solar energy. There was a report on him in Aaj Tak news channel on 18.03.06. We studied his web site www.solarhealing.com and attended his lecture in Mumbai on 20.03.06. Complete lecture in Hindi was video taped by us and is available in a CD. We are so impressed by his pioneering work on solar healing that we have dedicated this site to him and introduced a separate page on this site, which may be visited by clicking here Solar Healing, HRM, Sun Gaging, Solar Energy as Diet, Suryayoga
MP Bhumi Vikas Rules, 1984 - Extract for Flat Owners in Indore: - Recently we studied the said Rules and prepared an useful extract for the flat owners in Indore vide link http://www.drtsolutions.com/MP-Bhumi-Vikas-Rules.htm All those who want to purchase flats must study this extract.
DRT Legal Solutions
Attorneys at Law of Torts, Injury and IPR Claims
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Contact Information :- Phones (India):- Mobile- +91-969-1103689, Off. & Res. +91-731-4049358,
E-mail - firstname.lastname@example.org and email@example.com
Popularity of our web site :- The key word for search of our website is 'drt' or any phrase commencing with 'drt' We are on the top in Google Search for 'drt' among 28,60,000 results globally. In most of the search engines like yahoo, msn, google, excite, altavista, mamma, alexa etc., To verify, you may visit www.yahoo.com, www.msn.com, www.rediff.com, www.indiatimes.com, www.altavista.com, www.google.com, www.excite.com, www.hotbot.com, www.123india.com, www.aol.com, etc. Our reference appears in www.economictimes.com, www.amazon.com, www.financialexpress.com, www.lawcrawler.com, www.findlaw.com, www.law.com, www.supremecourtofindia.com, www.supremecourtonline.com,
(2) We have created a separate web site www.usindolegal.com which deals exclusively with our US joint venture enterprise for activities like BPO, legal BPO, DRT etc. This site has started appearing in the search results of Google, Mamma, Alexa and Yahoo.
Application of Law of Torts in claiming Damages from Municipal Corporations for demolition of structures, closure of shops etc:- In many parts of the country, the Municipal Corporations are demolishing structures like shops and houses which existed for number of years. The shops existing for number of years are proposed to be shut down. The affected persons should claim Damages under the Law of Torts, which would be substantial. It is learnt that in Delhi itself about 5 lac shops are to be closed down and about 25 lac persons would be out of jobs. All these persons should file damage suits in the civil court. Since the damages would be substantial, the suits may be filed as Indigent Persons. Since the damages would attract interest, the usual delay by the civil courts will not affect the final outcome. The affected shop owners may discuss the details with us on phone.
Our Articles for Borrowers and Guarantors:- Our articles on DRT matters have been published in the Financial Express. The All India Manufacturers Organisation in its famous web site www.aimoindia.org has reproduced copies of our four articles. These original articles can be searched in the archive of the Financial Express in its web site www.financialexpress.com Two of these articles have been reproduced in other pages of this web site.
Useful link www.WorldVideoBusiness.com :- WorldVideoBusiness-WVB® is a business to business e-marketplace source of international trade leads, and tender opportunities from companies and government organizations around the globe.
About Us in Brief :- (1) We specialize in DRT (Debt Recovery Tribunal) and NCLT (National Company Law Tribunal) matters. As a whole you may approach us for all DRT Problems and Solutions as well as matters connected with ARCIL i.e. Asset Reconstruction Company (India) Limited, We have a Joint Venture with an America based law firm for various activities like BPO, legal BPO and DRT. The details of the said American firm and the joint venture may be seen at the page - Our US Joint Venture with Anand Ahuja Associates or in www.usindolegal.com (2) For your all problems including those in DRT, please phone us or send e-mail. Please give your contact details along with your problems in brief. As a whole you may approach us for all DRT Problems and Solutions. (2) With our Legal Opinion, you need not worry about the Securitisation Act or other DRT matters or NCLT. Please visit the page Products & Services and Frequently Asked Questions (3) On account of our expertise in the Law of Torts and Banking and experience past 15 years, we can help you to submit suitable defence with winning strategy in DRT cases, Securitisation Act, Guarantors' defence etc. (4) We need only copies of all available documents to render our expert 'Legal Opinion' which will be quite useful and valuable to you particularly in DRT i.e. Debt recovery Tribunal. (5) We have also handled assignments for preparation of damage claims against Electricity Boards, Insurance Companies, Municipal Corporations etc. all on the basis of the Law of Torts. (6) The DRT counterclaims is to be prepared well in advance so that it could be raised at proper time in DRT or other forum to safeguard the securities and assets. (7) Several DRT counterclaims drafted by us are being handled by different advocates at DRT Mumbai, DRT Delhi, DRT Jabalpur etc. Thus DRT advocates are available in these cities. Cases in other Debt Recovery Tribunals are under process. (8) This site is updated monthly mostly on every first Monday of the month or for urgent release on any day with latest material. (9) For further details about us, please visit the page About Us-DRT Solutions As a whole you may approach us for all DRT Problems and Solutions. We hail from the place to which Maharishi Mahesh Yogi and Acharya Rajnish belong and hence this site is dedicated to them.
Our this web site is dedicated to Yoga Rishi Baba Ramdev Ji Maharaj:- Our this web site is respectfully dedicated to Yoga Rishi Baba Ramdev Ji Maharaj whose method of Pranayam has cured even incurable diseases and thus has revolutionized modern medical science. For further details please visit our special page by clicking here Baba Ramdev Ji Maharaj, Yoga Guru, Cure for All Diseases, Medical Science Revolution
Site also dedicated to:- (1) Swami Ramdevji, Acharya Balkishan and their Guru Pradumn Maharaj.
(2) H.H. Maharishi Mahesh Yogi and Acharya Rajnish, the greatest gurus of all time www.maharishi.com, www.osho.com
(3) Shri Hira Ratan Manek (HRM) for his pioneering work on Solar healing vide his web site www.solarhealing.com and forum at www.lifemysteries.com
We regularly practice TM and SCI of Maharishi Mahesh Yogi. We also regularly practice Hath Yoga including Pranayam based on Baba Ramdev Ji Maharaj. We daily watch his global TV program on Astha Channel from 05:30 AM to 8AM and 8PM to 9PM Indian Standards Time. On Sanskar channel, we daily view the discourse of Pradumn Maharaj from 4 AM to 5:30 AM. Many chronic diseases such as Cancer, Parkinsons' disease, Polio, Asthma, Hypertension, diabetes etc. have been cured by the said method of Pranayam which can be learnt even by watching his program on TV. Since 30th March '06, we have started practicing Sun Gazing as prescribed by HRM.
(3) Shri Satyanarayan Morya alias 'Babaji' for his praiseworthy service to our nation. Please visit his site www.artistbaba.com
Disclaimer:- We have no branch or setup other than at Indore. It is observed that some persons are using name of our firm as well as name of our web site. We have not given any such authority to anyone to do so. Under such facts and circumstances, if anybody suffers any loss, we shall not be responsible. If such instance comes to notice of someone, we may kindly be informed.
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