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(Debts Recovery Tribunal Legal Solutions) is an India based

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 DRTS-16-Azmeer Business vs UBI-SA Allowed

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Azmeer Business Pvt Ltd vs United Bank of India decided on 04.06.13 by DRT-II, Kolkata SA No – 101 of 2011

Presiding Officer – S.K. Mishra

DRT Solutions Citation –  DRTS-018-Azmeer Business vs UBI-2013

http://www.drtsolutions.com/Azmeer-UBI-SA-allowed.htm  

We have now numbered the Judgments published on this web site as DRTS-00. Accordingly all the judgments published so far have been numbered. The judgment on this page is numbered as DRTS-018.

Comments by DRT Solutions

A DRT-II Kolkata Judgment of 2013 Allowing the SA,  Setting Aside Auction Sale and Ordering the Bank to  Restore Possession

Utility of this Judgment – If all the wrong doings committed by banks are questioned & contested properly, the borrowers and Guarantors can win against the banks

Conclusion

If proper pleadings have  been made and the case contested properly, the borrowers and guarantors can win their SAs. In this case, the borrower will have to file Review and Appeal to have their amendment to the pleadings permitted as it contains his counterclaim. This will be the only and the ultimate defence if the bank goes for Appeal and any further recovery action.

Comments 

(a)   The full text of the judgment is given below which is self explanatory.

(b)   In this judgment the DRT has dealt with several wrong doings committed by the bank which has caused loss and damages to the borrower.

(c)   In the last para, DRT has categorically stated that it is a fit case for awarding compensation but has made a erroneous and misconceived conclusion that “the defendant bank being a public sector bank, I am not inclined to grant compensation” Perhaps the PO DRT is not aware about the law laid down by the Supreme Court in Luknow Development Authority case (1994 AIR 787   1994 SCC  (1) 243; JT 1993 (6) 307 and  1993 SCALE (4) 370, wherein the Supreme Court has given a verdict that such compensation can be made. An extract from the said SC judgment is reproduced below:-

When a citizen seeks to recover compensation from  a public authority in respect of injuries suffered by him for capricious  exercise  of power and the National Commission finds  it duly proved then it has a statutory obligation  to award the same. It was never more necessary than today when even social obligations are regulated by grant of  statutory powers. The test of permissive form of grant is over. It is now imperative and implicit in the exercise of power that it  should  be for the sake of society. When the  court directs payment of damages or compensation against the State the  ultimate  sufferer is the common man.  It is  the tax payers'  money which is paid for inaction of those  who  are entrusted  under  the  Act  to discharge  their  duties  in accordance  with law.  It is, therefore, necessary that  the Commission  when  it  is satisfied  that  a  complainant  is entitled  to compensation for harassment or mental agony  or oppression,  which  finding  of course should be  recorded carefully  on material and convincing circumstances and not lightly,  then it  should  further  direct  the  department concerned  to  pay the amount to the  complainant  from  the public fund immediately but to recover the same from  those who are found responsible for such unpardonable behaviour by dividing  it proportionately where there are more  than one functionaries.” 

(d)   The proposed amendment to the SA relates to the loss and damages suffered by the borrower but the DRT has not permitted the amendment to the pleadings stating that there is no legal evidence. On one hand, the DRT itself has dealt with the wrong doings committed by the bank, what more evidence is required as it is based on the documents gone through by the DRT.

(e)   Hence for the above erroneous and misconceived opinions of the DRT about the amendment and the counterclaim, the borrower has been advised to file Review and Appeal.

    

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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. 

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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.

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