DRT  Legal  Solutions

(Debts Recovery Tribunal Legal Solutions) is an India based

Law Firm since 2000 specializing in DRT, Securitisation, Sarfaesi & Defense of Borrowers in Debts Recovery Tribunals

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

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

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

 DRT Judgments Favorable for Borrowers & Guarantors

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

 

 

 

 

DRT Judgments Favourable / Useful to Borrowers and Guarantors are as under –

 

Full text of Judgments available on this Web Site against the links given:-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

22.03.13 - DRT Solutions Weekly Mail - 254th

SC Useful Judgment – on Valuation, Sale, Auction & Disposal of Properties - Ram Kishun & Others vs Govt of UP & Others, 2012(2) DRTC 335(SC)

 

Following is the extract from our web page vide link

http://www.drtsolutions.com/DRT-Judgments.htm

 

Comments by DRT Legal Solutions

The full text of the judgment is given on our web site vide link http://www.drtsolutions.com/SC-Property-Disposal.htm Important portions have been shown in Red.

This is one of the most useful and important SC judgments on Valuation, Sale, Auction and Disposal of properties. The following extracts of the judgment are relevant:-

“8 Undoubtedly, public money should be recovered and recovery should be made expeditiously. But it does not mean that the Financial Institutions which are concerned only with the recovery of their loans, may be permitted to behave like property dealers and be permitted further to dispose off  the secured assets in any unreasonable or arbitrary manner in flagrant violation of statutory provisions.   

9. A right to hold property is a constitutional right as well as a human right. A person cannot be deprived of his property except in accordance with the provisions of statute. (Vide: Lachhman Dass v. Jagat Ram, (2007) 10 S.C.C. 448; and Narmada Bachao Andolan v. State of Madhya Pradesh, A.I.R. 2011 S.C. 1589).

Thus, the condition precedent for taking away someone's property or disposing off the secured assets, is that the authority must ensure compliance of the statutory provisions.”

“17. In view of the above, it is evident that there must be an application of mind by the authority concerned while approving/ accepting the report of the approved valuer and fixing the reserve price, as the failure to do so may cause substantial injury to the borrower/guarantor and that would amount to material irregularity and ultimately vitiate the subsequent proceedings.”

“19. Thus, in view of the above, it is evident that law requires a proper valuation report; its acceptance by the authority concerned by application of mind and then fIxing the reserve price accordingly ~"1d acceptance of the auction bid taking into consideration that there was no possibility of collusion of the bidders. The authority is duty bound to decide as to whether sale of part of the property would meet the outstanding demand. Valuation is a question of fact and valuation of the property is required to be determined fairly and reasonably.”

20. - - there must be a proper valuation report, which should be communicated to the judgment debtor and he should me his own valuation report and the sale should be conducted in accordance with law. After confirmation of sale, there should be issuance of sale certificate. Court cannot interfere unless it is found that some material irregularity in the conduct of sale has been committed. The Court further held that it should not be a forced sale. A valuer's report should be as good as the actual offer and the variation should be within limit. Such estimate should be done carefully. The Court further held that unless the Court is satisfied about the adequacy of the price the act of confirmation of the sale would not be a proper exercise of judicial discretion

15.03.13 - DRT Solutions Weekly Mail - 253rd

DRT Important Judgment - Notice u/s 13(4) is Must before initiating Action u/s 14 - Karnataka H.C. - K.R. Krishnegowda vs Authorised Officer, 2013(1) Bankers' Journal 382 –

 

Following is the extract from our web page vide link

http://www.drtsolutions.com/DRT-Judgments.htm 

(a)   Full text of the this very useful DRT judgment for the borrowers has been given on our web site vide link http://www.drtsolutions.com/13(4)-14-Magistrate.htm Important portions of the judgment have been marked in Red. 

(b)   It is observed that in many cases, after issue of notice under section 13(2) and just after getting the Objection and Representation from the borrowers, the banks are approaching the Magistrate without any notice to the borrower. The Magistrate issues the order for possession and at the last moment, the possession is taken all of a sudden. As per this judgment, the notice u/s 13(4) as well as paper publication is mandatory. Hence it is one of the important judgment helpful to the borrowers. 

(c)   In this connection it is relevant to submit that past several years we have been cautioning our clients to be in touch with the office of the Magistrate as well as to file caveat. This judgment has validated our approach.

08.03.13 - DRT Solutions Weekly Mail - 252nd

Condonation of Delay – Important Judgment of Bombay High Court

We have been opining past several years that the Law of Limitation in respect of condonation of delay is also applicable in DRTs though there have been several contradictory judgments of various High Courts

Finally the Bombay High Court vide citation [2013 (1) DRTC 162  (Bom)] in the matter of Manilal Govindji Khona vs Indian Bank has passed an important judgment on 29.08.12. Full text of the judgment may be seen by clicking the link http://www.drtsolutions.com/condonation_delay.htm

19.06.12 - DRT Solutions Weekly Mail - 216th

(a)    2012 (1) DRTC 800 (Bom), Sterlite Technologies vs Union of India -  Writ Petition in Bombay High Court decided on 22.12.11  - DRT Act – Sec 21 Proviso – Appeal – Waiver of Deposit – Dispension with condition of pre-deposit sought – Elements of prima facie case and question of financial hardship required to be considered by the DRAT – DRAT did not consider application for waiver in terms of legal position – Impugned order of DRAT set aside – Application for waiver of deposit restored to file of DRAT for a decision afresh.

(b)    2012 (1) DRTC 846 (P & H), Shiv Charan Singh vs Haryana State Industrial & Infrastructure Development Corporation – Writ Petition in Punjab and Haryana High Court decided on 09.01.12 – SFC Act Sec 29 and 31(1) (aa) – Auction Sale – Jurisdiction of Corporation – Parties by agreement cannot confer jurisdiction on Corporation to proceed against the guarantor u/s 29 of the Act – Sec 29 can be exercised only against the industrial concern – Corporation has a right to proceed against guarantor u/s 31 or u/s 32-G but Sec 29 confers limited jurisdiction on Corporation to act against the industrial concern alone.

01.06.12 - DRT Solutions Weekly Mail - 212th

(a)    Securitisation Act – Sec 17 – Limitation Act, Sec 5 shall apply – Allahabad High Court - Citation- 2012 (2) Bankers’ Journal 78, State Bank of Patiala vs Chairperson DRAT Allahabad

(b)    Securitisation Act – Sec 13(4) – Appeal u/s 17 maintainable if action is against Act or Rules framed thereunder e.g. notice for possession, preparation of Panchnama, notice to sell property, to take assistance of DM/CMM/CJM for taking possession etc. – DRT cannot reject appeal on the ground that it was premature or not maintainable – Gujrat High Court - Citation – 2012(2) Bankers’ Journal 93, Analkumar Rajkishore Mishra vs Dena Bank

27.04.12 - DRT Solutions Weekly Mail - 207th 

(a)    Securitisation Act – Demand Notice u/s 13(2) – Requirement of – Notice to be served on each and every person involved in transacation – Appeal pending with DRT – Auction sale stayed by Allahabad High Court till disposal of SA – citiation – [2012(1) DRTC 460 (All)]

(b)    Securitisation Act – Auction Sale – Nothing on record to show that Bank has affixed notice in the conspicuous place of immovable property – Non-compliance of sub-rule (7) of Rule 8 which is mandatory – would render sale invalid – Sale set aside by Madras High Court – citiation - [2012(1) DRTC 520 (Mad)]

(c)    Securitisation Act – sale by private treaty also permissible – only one condition being that it shall be on such terms as settled between the parties in writing – presence of debtor and his willingness in writing are essential – Bank Manager exceeded his authority for reasons known to him – proper procedure not followed by bank – the auction purchaser directed to hand over the possession back to the bank after getting refund of the sale amount within a  week by the bank- [2012(1) DRTC 525 (Mad)]

 06.04.12 - DRT Solutions Weekly Mail - 204th

(a) [2012 (1) DRTC 407 (P & H)], Sushil Kumar vs State Bank of Patiala – Securtisation Act 2002, Sec 13(4) – Security Interest -  Notice to take over possession – Bank not issued any notice u/s 13(2) – Action of the Bank in giving notice to take over possession can not be sustained – Said noitce set aside.

(b) [2012 (1) DRTC 398 (Mad)], Central Bank of India vs DRT Coimbatore – Compromise entered between bank and borrower – Settlement in Lok Adalat referred to DRT – DRT made  unnecessary and unwarranted comments about authority of the bank in arriving at settlement – It is duty of the court to encourage same – When bank accepted certain amount for settlement, it is not for DRT to question same either regarding quntum of interest or quantum of waiver – DRT has not chosen to appreciate latest concepts which has developed in the country – impugned order of DRT set aside – DRT directed to record award passed by Lok Adalalt and give its formal order.

(c) [2012 (1) DRTC 392 (Knt)], N.B. Gurudeva vs State Bank of Mysore – Securitisation Act Sec 13 – Contract Act Sec 133 to 135 – Security Interest – Enforcement of – Notice u/s 13(2) issued to guarantor – Guarantor filing writ petition – Parties entering into compromise to exclusion of guarantor – Novation of contract – Liability of guarantor ceased to exist – Bank initiiating proceeding for recovery of dues pursuant to compromise arrived at between bank and principal debtor, as if said amount is due under original loan transaction – Notice issued to guarantor held without basis and quashed – property of guarantor can not be attached.

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DRT Legal Solutions

 

ContentsProducts & ServicesFrequently Asked QuestionsUseful Article-BorrowersUseful Article-GuarantorsRBI GuidelinesNotes-Law of TortsNotes-DamagesMiniArticles-Letters to EditorUseful Interactions with Clients & VisitorsSecuritisation Act-CommentsAbout Us-DRT SolutionsUseful Tips for DRT Advocates|| 138 NI Act Cheque Dishonour Cognizance Acquittal | NCLT, National Company Law Tribunal, BIFR, SICA  |  Video Interview - BS Malik, Sr. Supreme Court AdvocateLegal Forum of IndiaSuccess & Results of Our GuidanceDRT Orders in favour of Borrowers & GuarantorsNPA, Debt due, Rehabilitation of Sick SME IndustriesOur Replies to Queries  on Current DRT Matters, Court Decisions etc.Measure of damages & Calculations under Torts & ContractsVideo Interview - GC Garg, Ex-Senior Bank OfficialSolar Healing, Yoga, Projector, Rebirth etc.Swami Ramdev, Yoga Guru, Cure for All Diseases, Medical Science RevolutionCourt Technologies IT Presentation Video ArgumentsArchiveDRT Solutions Weekly Mail for Borrowers & Guarantors   All India DRT Conference 2011 at IndoreArticle by Ram Kishan on Management & Technology in Indian JudiciarySARFAESI Securitisation Securitization Actar SA NPADRT Judgments Favourable / Useful to Borrowers

 

Contact Information :-

 

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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), Counter-claim and SARFAESI Act matters. As a whole you may approach us for all DRT Problems and Solutions.  (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. 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 more than 35 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) 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. (6) Several DRT counterclaims drafted by us are being handled by different advocates at DRT Mumbai, DRT Delhi, DRT Jabalpur etc. (7) This site is updated daily with latest material. (8) 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.  

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