DRT  Legal  Solutions

(Debts Recovery Tribunal Legal Solutions) is an India based

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

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

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

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

 DRT Solutions - FAQs - Debt Recovery Tribunal

HomeContentsProducts & 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  DRT Solutions - Site Map for Borrowers & GuarantorsTransform India with Modi-DRT Solutions SuggestionsLaughter Yoga by Ram Kishan, IndoreDr Kataria Indore Visit - Plan, Progress & Record  Keto Diet Vegan I.F.- Personal Experience Age 79 Yrs

Weekly Mails - 1-10  11-20  21-30  31-40  41-50  51-60  61-70  71-80 81-90 91-100 101-110 111-120 121-130 131-140 141-150 151-160 161-170 171-180 181-190 191-200 201-210 211-220 221-230 231-240 241-250 251-260  261-270  271-280 281-290 291-300 301-310 311-320 321-330 331-340 341-350 351-360 361-370 371-380 381-390 391-400 401-410 411-Latest

 

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

 

 

 

Google

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.

Senior Citizens - Longevity दीर्घायु & Health Problems - I am 78 years young as on 01.01.2021 and my hobby is to maintain good health, rather becoming younger day by day. 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

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

For reference of such judgments please click DRT Judgments Favourable / Useful to Borrowers

DVDs of the 2nd All India DRT Conference held on 8th and 9th Jan ’11 are available – these DVDs contain goldmine of useful information to borrowers, guarantors and their advocates 

We are pleased to inform that 5 DVDs and 1 CD of the said Conference are available at a token price of Rs. 1000=00. This amount is peanut compared to that spent by the participants who came from far off places like Cochin, Kolkata, Chandigarh, Chennai etc at their own expenses, stayed at Indore and paid the participation fee of Rs. 4500=00 per head

These  5 DVDs are complete video record of the whole conference and are gold mine of the current information on:-

(a)    Securitisation Act, important questions and answers, practical aspects of stay and trial in DRTs,

(b)    Important court judgments and their applications,

(c)    Court  procedures and critical applications,

(d)    Bank documents and their inspection,

(e)    Legal maxims and their applications,

(f)      Important provisions of Constitution and PILs,

(g)    Present state of Indian Judiciary, problems and solutions,

(h)    Application of modern management and  technology etc.

We have provided in one CD complete audio record of the whole conference so that one can listen the same on i-pod. As a whole these DVDs and the CD provide the most latest and useful knowledge to the borrowers and guarantors as well as their advocates. The procedure for getting these DVDs is as under:-

(1)   You may deposit Rs. 1000=00 in our bank account details of which may be obtained by sending SMS to us.

(2)   Pl inform the particulars of the above deposit to us by e-mail and by SMS to our mobile no 09691103689

(3)   Pl inform your postal address and telephone number by e-mail

(4)   The DVDs will be dispatched within a fortnight

Our Client wins in Securitisation Appeal against 4 Banks in DRT – amount involved nearly Rs. 90 crores and a tooth & nail fight of 4 years

Entire Judgment reproduced vide link DRT Orders in favour of Borrowers & Guarantors

 

Our Weekly Mails are DRT Guide and gold mine of practical information for the borrowers and guarantors :- The visitors of this web site particularly Borrowers and Guarantors will be immensely benefited by our weekly mails, all previous issues from 1st one till the last one may be viewed by clicking Drt Solutions Weekly Mail for Borrowers & Guarantors  Separate web pages have been created to contain these mails in batches of 10 so that pages open up fast. These mails are DRT Guide and gold mine of information on current topics giving lot of practical suggestions and comments. Any new comer to this site must go through all the weekly mails right from the issue no 1 to the latest. If possible please spread the reference of this web site and the weekly mail among the persons, borrowers and guarantors who are the bank victims. If anyone desires to get these mails regularly, he may write to us for inclusion of his e-mail ID in the regular mailing list. The weekly mail is issued on every Friday morning 6 AM. The particular issue of the weekly mail is first published on the web site and then mails are sent. These weekly mails have become quite popular among the borrowers and guarantors in the country as we are getting huge no of mails appreciating the same. We welcome suggestions for improvements as well as the topics on which more information is required.

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. 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

DVDs containing Video Record of DRT Conference at Indore and Chennai:- All the proceedings were video recorded and the DVDs containing the same are available. Any one desiring to have the DVDs may send through e-mail their postal address, name of the company, and if possible details of the pending DRT case or Securitisation case and the amount involved, name of concerned person and his contact details including phone nos etc. to us. During these conferences, eminent DRT experts using PowerPoint Presentation dealt with all the aspects of Bank Litigations and Borrowers Defence. The participants from all over the country were highly impressed and benefited from the knowledge thus gained.

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 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.

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 will be akin to written arguments and may be called as video argument. This will help the judges to view and replay if necessary before writing the judgments. 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 technology, the quality of adjudication will improve a lot. For further details, click Court Technologies IT Presentation Video Arguments

DRT Litigations in South India - Special Arrangement:- We have made an special arrangements for the DRT Litigants in South India. For all such matters, we have our legal representative based at Chennai who has panel of advocates for contesting DRT matters in Chennai, Bangalore, Hyderabad, Coimbatore and other DRTs in South India as well as in respective High Courts and Supreme Court. The litigant Borrowers and Guarantors facing actions under DRT Act and Securitisation Act in DRTs, ADRTs, High Courts and Supreme Court may contact us on phone to get details of our said representative for South India.

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

DRTs, DRT solutions, Debts NPA Recovery Tribunal, DRTs matters, DRTs WS, DRTs Legal Opinions, DRTs Arguments, DRTs Documents, Appellate DRTs, Bank litigations, securitisation / securitization, Counter-claims, ARCIL i.e. Asset Reconstruction Company (India) Limited, NPA Recovery, NPAs Settlements, checking of bank accounts and documents, 138 NI Act - Dishonour of Cheques etc., expertize in all these matters past 14 years. Legal BPO and offshore BPO is our new activity for which we have launched new web site www.usindolegal.com

Counter-claim is the only defence for the borrowers against Notice under Securitisation Act and or Original Application under the DRT Act:- Under the present provisions of law, the only 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, equity and good conscience. If you are unable to get such pleadings prepared, our professional services may be utilized. 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 focussed attention, you get 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 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. 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 and filed before expiry of the Notice Period. 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. Even if any attempt is made by the lender to take possession, the property can not be sold. Further steps in the DRT should be as outlined in the next para. 

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 and law of torts. 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. 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. 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 through 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 borrowe 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.  

Important Tip to Old and New Visitors:- A visit to new page Synopsis Video Interview - BS Malik, Sr. Supreme Court Advocate will be highly useful. 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

DRT / DRTs, DRT / DRTs solutions, Debt Recovery Tribunal, DRT / DRTs matters, DRT / DRTs WS, DRT / DRTs Legal Opinions, DRT / DRTs Arguments, DRT / DRTs Documents, Appellate DRT / DRTs, Bank litigations, Securitisation, Counter-claims, NPAs Settlements, checking of bank accounts and documents etc., expertize in all these matters past 14 years being a Leading Law Firm. Legal BPO and offshore BPO is our new activity for which we have launched new web site www.usindolegal.com

Highlights:- All problems of Debt Recovery Tribunals i.e. DRT / DRTs and Securitisation Act are tackled by us. People from all over the country are phoning us, then visiting and getting their problems solved. Please visit Home Page and other Pages also

 

Frequently Asked Questions   

bulletWhat is the best legal defence in DRT / DRTs litigations ?
bulletHow can I seek your legal opinion ?
bulletAt present, my DRT / DRTs case is stayed, what should I do in the intervening period ?
bulletWhat are your products and services ?
bullet

Counter-claims prepared by you run in hundreds of crores. Do the DRT / DRTs have powers to decide such counter-claims and that too under the law of torts?

bullet

Why are the counter-claims prepared by you so huge, running in hundreds of crores?

bullet

What about the court fee in respect of counter-claims to be filed in DRT / DRTs?

bullet

What are your views about the deposit of 75% for the appeal in ADRT / DRTs?

bullet

Will Indian Courts and DRT / DRTs give decisions on the points raised by you ?

bullet

How do I get your services particularly when you are situated at outstation i.e. at Indore.

bullet

Whether Can I prepare my counter-claim? and its pros and cons?

bullet

Why do the advocates appreciate your approach and why do they like your legal opinion and drafting of counter-claim by you?

Video CD containing Interview of Mr. B.S. Malik, the Supreme Court Advocate as well as Our Client available from us:- This video interview will be immensely useful to industrialists, borrowers, guarantors and bank litigants in DRTs. 

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.

Our Computer Cell for checking of Accounts has started functioning:- Our Accounts Cell headed by an ex-Bank auditor (experience 38 years) has started functioning. You get your entire account checked up and certified by him. Invariably in all cases, the accounts filed by the banks are defective and illegal and thus the very debt due for the purpose of DRT and Securitisation becomes questionable requiring rework and refiling, a difficult task for the banks and financial institutions. Please contact us for the details and charges through e-mail ramkishan@drtsolutions.com  

Google

horizontal rule

What is the best legal defence in DRT / DRTs litigations ... ?

(a) The banks and financial institutions are required to file their claims in DRT / DRTs in respect of alleged debts above Rs. 10 lacs.. If the borrowers and guarantors do not defend or do not submit their reply including counterclaims in time, the battle is only one-sided and with passage of time, the said claim of the banks gets legally endorsed. The appeal requires deposit to the extent of 75% of the decree amount, which in case of an industry is impossible. In fact, such condition is ultra-vires the spirit of constitution and the legal validity of the DRT / DRTs Act is questionable on this count. Even if waival of the said 75% is obtained  and if the counterclaim was not originally raised, there is no legal defence in the appeal.

(b) Under these circumstances the borrower is forced to yield to OTS (in short for one time settlement). Our approach and advice is that right from the beginning, the borrower and guarantor should adopt proper legal defence i.e. they should raise their counterclaims. There is always scope for filing counterclaim as the banks in all cases invariably commit mistakes and we have expertise in this area. The counterclaim drafted by us will have tremendous benefits to the borrowers and guarantors. Now such defence has become essential particularly after the Securitisation Act. If you do not submit proper legal defence, your property may be sold out at throw away prices and the banks will file recovery cases for the balance amount with interest. Hence there is no other option but to fight properly using the tool of law.

(c) Kindly go through our articles and Frequently Asked Questions and Answers given in this web site. You will find that the bureaucracy in the banks and financial institutions always and invariably commits several legal defaults resulting into injury, loss and damages to the borrowers and guarantors. Based on these, practically in every case, there is scope for counterclaim. Such counterclaim can be raised even in suit filed accounts. If you have not done so far, you should do it now without further loss of time. We shall suggest that you should speak to us. It will solve all your problems relating to the borrower as well as the guarantors. Some of the visitors desire to meet us in person, they may fix up appointment over phone. In rare cases, we can visit your place provided you bear our professional charges.

(d) The said counterclaim has to be based on the law of torts which alone offers full scope for claiming damages. The law of torts is fully applicable in our country. There are several Supreme Court rulings, some of which are given in this web site and if you need references please click here You will be transported to the page 'News and Views' where such references are given.

(e) We have developed special expertise in this area and our services are always available professionally. Even the senior advocates support our views  Mr. B.S. Malik, Senior Advocate, Supreme Court of India, a famous constitutional lawyer having experience of nearly 30 years, fully supports our approach vide the para 'Interactions with Mr. B.S. Malik, Senior Advocate, Supreme Court of India' in the page 'News and Views' of this web site. To visit this page just now, you may click here

(f) During the last 55 years of our democracy, had we paid proper and serious attention to the application of law of torts along with improving the management of the civil courts, the majority of government bureaucracy and the politicians would have not been so irresponsible, so unaccountable and so corrupt as at present and our nation and our society would have been somewhere else. Our inaction has made our next generation to suffer. At least we should wake up now and exercise our right of legal defence by way of counterclaim. 

(g) In USA, UK and other developed countries, the law of torts occupies topmost position, In USA, there is separate Bar Association of Tort Lawyers. In our country, all the advocates read this law only in their law classes in the college. The famous Indian book on law of torts is more than 100 years old. In modern society when we use modern goods, we will have to use modern law.

(h) The DRT / DRTs Act and the Securitisation Act will compel the troubled industrialists to utilize the effective tool of law of torts against the arrogant bankers who, in all cases, are openly violating the law contained in RBI Guidelines since 1976 as well as several provisions of law of torts . We have located such illegalities. We have legally determined the causal relations of such wrong doings and illegalities with the counterclaim. We know the process by which such claims would be proved.

(i) If we are afraid of bank bureaucracy on filing the counterclaim, the day will not be far when one sided decree will be passed, execution will be enforced, property will be sold out at throw away prices, and there will be no ground of defence in appeal. With  counterclaim filed at proper time, the legal battle in higher courts i.e. ADRT / ADRTs, High Court and Supreme Court will have strong grounds to win. Further with counterclaim, the borrower is in a better position to negotiate, if need so arises. If the banks are filing recovery suits on drop of a pin, the borrower has full authority to exercise his legal right to file counterclaim.

(j) The parties should not hesitate in putting the amount of counterclaim to the largest value because as per law, later on it can not be increased. The parties should not be afraid of bank bureaucracy. Since this is the only legal defence, all the DRT / DRTs litigants, sooner or later,  are going to setup their counterclaims. It is going to be a country wide movement. There is no option and no choice. You are not going to be alone. This has become particularly essential due to Securitisation Act.

[Back to Top]

horizontal rule

Why do the advocates appreciate your approach and why do they like your legal opinion and drafting of counter-claim by you?

After interactions with us the advocates appreciate our approach due to our vast knowledge of industry and law. Further the approach is based on mastery of facts and mastery of law and the same is applied from the first stage of litigation i.e. the pleadings. This has been lacking so far. This is not possible for most of the advocates as they are extremely busy and are not specialized. The advocates are advising the parties to seek our legal opinion and if needed to get the DRT / DRTs Reply including counter-claim drafted by us. Our clients have started winning the cases. In one of the DRT / DRTs cases, the bank which filed the recovery application in the court of law now has come forward for compromise. For details, please visit the page 'News & Views'. Another of our clients have filed a counter-claim of Rs. 1864 Crores in DRT / DRTs. Other two clients have got their counter-claims prepared by us for Rs. 2487 crores, Rs. 1100 crores, Rs. 446 crores and Rs. 211 crores. All these counter-claims are in the process of filing at DRT Jabalpur, DRT Mumbai and DRT Delhi. There are four seniour DRT / DRTs advocates who appreciate our approach. Our message is spreading throughout the country. The age of negotiated settlement is getting over as the liquid funds are not available with sick industries. The judicial process is also becoming efficient. Hence the borrowers and guarantors have no choice but to fight legal battle. If the battle is to have a winning strategy, it has to be based on sound fundamentals as evolved by us. Our approach is proving to be successful also. After the Securitisation Act, the bankers are acting with full force and speed. Further no sooner new 'National Law Tribunal' starts functioning, the cases will ultimately land at DRT / DRTs. Again the solution is by quickly adopting our approach. Since preparation of draft for the reply including counter-claim takes 3 to 4 months time, the prudent parties are getting their drafts prepared in advance. Now there is no option.  

[Back to Top]

horizontal rule

How can I seek your legal opinion ?

Please speak to me over phone. I shall answer all your initial queries and have a quick analysis of your case. If I find that something beneficial can be done, I shall ask you to send me copies of all the available documents along with my professional charges for the study. With my exhaustive legal opinion, you will be tremendously benefited and can make your strategy for further action. With our specialized knowledge, we shall devise ways and means to protect the interests of the borrowers and the guarantors. You should go through other questions and answers on this page as well as you can assess our work by clicking here DRT / DRTs Cases Recently Handled by Us so that you have the fair amount of idea as to how we are handling the various types of DRT / DRTs cases. In emergency you can also speak to us on phone nos. off.-cum-res. +91-731-3290201 or Mobile-930-2103689 (Reliance WLLM). Our study fee is quite nominal and with our legal opinion, you get tremendous benefits. 

[Back to Top]

horizontal rule

At present, my DRT / DRTs case is stayed, what should I do in the intervening period ?

The stay will definitely be lifted after certain period. With the application of the Securitisation Act, the temporary relief enjoyed by the BIFR parties will also go away. Hence the intervening period should not be wasted in idling. It is suggested that you should have continuous review of your case and preferably seek expert opinion from us. Please click here and go through the above question and answer viz. 'How can I seek your legal opinion ? In order to avoid last minute rush, you should get the counter-claim drafted by us in advance and keep it ready so that it can be filed immediately as soon as the stay is lifted. Drafting of the counter-claim requires 3 to 4 months time. On account of our expertise and specialization, you can not get the required quality elsewhere. Many of our clients got the counter-claims drafted from elsewhere and when they sought our opinion, they assigned us redrafting of the entire counter-claim. 

[Back to Top]

horizontal rule

What are your products and services ?

As per the Law of Torts nobody including a banker has any right to injure others intentionally or innocently. If you feel that you have been injured like this, we can study as to how the said law can be applied and make strategy for obtaining suitable compensation for the injury, loss and damages. At present, in most of the cases the public is getting injured by the wrongful acts of the bureaucracy in the Central Govt., State Govt. and their instrumentalities, agencies and other bodies like banks, financial institutions, electricity boards etc. We handle all such cases if substantial loss and damages are involved. In the arena of business and industry, many of the victims whose cases are in the DRT / DRTs (in short for Debt Recovery Tribunals) and suit filed accounts have approached us for suitable solutions, Many of the sufferers are the Borrowers as well as the Guarantors. Apart from tendering our expert legal opinions, we draft the suit, written statements, countersuits, counterclaims under the law of torts, law of contracts etc. for the injury, loss and damages. We are mostly confined to solicitor services. Our drafts, briefs and opinions are quite exhaustive for the average advocates to contest the cases easily in the court of law. If needed, in DRT / DRTs cases, we can appear before the tribunals/appellate tribunals and conduct arguments,. We examine and inspect the bank documents and locate numerous illegalities, inequities and contradictions. Our services are available online during the course of litigation any time any where. We are only a phone call away.

[Back to Top]

horizontal rule

Counter-claims prepared by you run in hundreds of crores. Do the DRT / DRTss have powers to decide such counter-claims and that too under the law of torts?

DRT / DRTs have unlimited powers for the claims filed by the banks and financial institutions. Hence they have unlimited powers for the counter-claims by the borrowers and guarantors. The rank of Presiding Officer is equivalent to a District Judge. The District Judge has unlimited powers for the suit amounts and hence the Presiding Officer of the DRT / DRTs have unlimited powers for the claims and counter-claims. As per the DRT Act, counter-claim can be set up for damages also. The Supreme Court has specifically laid down that claim and counter-claim are to be decided together by the DRT / DRTs. As regards the Law of Torts, it is a substantive law. There is no exclusion of this law in any court including that in DRT / DRTs. The famous case of Union Carbide awarding damages of Rs. 750 crores under the law of torts was decided by a District Judge in Bhopal. For the first time in the legal history of the country, in this case interim damages of Rs. 250 crores were awarded.

[Back to Top]

horizontal rule

Why are the counter-claims prepared by you so huge, running in hundreds of crores?

The counter-claims prepared by us and mentioned in this web site are to the tune of Rs. 2487 crores, Rs. 1864 crores, Rs. 1100 crores, Rs. 446 crores and Rs. 211 crores etc. All these pertain to the injuries caused to the industrial units and their promoters. The calculations are based on law of torts and law of damages. In the 'News & Views' of this web site, we have described a case in Kerala where the party in 1990 filed a damage of Rs. 300 crores against a public sector bank. On the same page we have also mentioned damage cases in USA where even the individual claimed damages to the tune of Rs. 14,000 crores. Considering all the relevant factors, our damage calculations are reasonable, fair and legally correct. 

As per the law of torts and the law of damages, there is no particular limit that can be awarded by a court of law including DRT / DRTs. The amount may rise to almost any sum of money. In India in 1922 a sum of Rs. 2,00,000 was awarded vide Jugal Kishore Marwari vs Babu Homeshwar Singh, A.I.R. (1922) Pat. 79. We calculate the counter-claim as per the law of damages, according to which the injured should get the sum of money which will put him in the same position as he would have been if he had not sustained wrong. For further details please visit the page 'Notes - Damages' of this web site. Our calculations are based on proven performance of the industry as reported in the balance sheets and annual reports. We also consider the business opportunity loss, injury to the property, loss to image and reputation etc. If the damages are caused deliberately, we add aggravated and exemplary damages also. Until and unless, we submit our full claim, the court of law including DRT / DRTs is not going to add from its side. If the violation of law and wrong doings on part of banker virtually kills an industry, it is a great impact on the society and huge loss and damages are caused. Such counter-claims alone will make the bankers responsible and accountable. With such approach only the errant bureaucracy in our country can be corrected. It is a compulsion particularly after the coercive legislation like the DRT Act 1993 and Securitisation Act 2002. The law of torts is the only tool and the counter-claim for damages is the only remedy for the injured citizens including borrowers and guarantors in a democratic set up like ours. Since the benchmarks set by our constitution are one of the highest in the world, the resultant counter-claims will also rise accordingly. Indian industry so far has been using only plain language to express their injury but we have shown its quantum in money value. Kindly visit the page 'DRT Cases Handled by Us' of this web site to have the details of typical counter-claims.      

[Back to Top]

horizontal rule

What about the court fee in respect of the counter-claims to be filed in DRT / DRTss?

The counter-claim is same as a counter-suit. The court fee charged on counter-suit is same as that for the suite. On the same reasoning  in DRT / DRTs, the scale of fee for counter-claim is same as that for the claims filed by the banks and financial institutions. The maximum court fee is Rs. 1.5 lacs.

Most of the cases pertain to sick industries which are already having balance sheets registering losses. Thus they have no sparable funds for court fee. Further their assets are already mortgaged and hence the same can not be disposed off for arranging court fee. In legal arena such company is called  “an Indigent Person“. There is full fledged legal procedure for filing of suits and exemption of court fee for such persons. The 'News and Views' page of this web site gives a Supreme Court judgment on waiving of court fee of an Indian Company which filed in 1990 a damage suit of Rs. 300 crores on a nationalized bank. To visit the said page of 'News and Views' just now, you may click here  Thus the parties who do not have sparable funds for the said court fee of Rs. 1.5 lacs, they can file their counter-claims  as 'Indigent Persons'.

[Back to Top]

horizontal rule

What are your views about the deposit of 75% for the appeal in ADRT / DRTs?

The appeal against the final order of DRT / DRTs requires maximum court fee of Rs. 30,000=00. Such appeal also requires a deposit of 75% of the amount of debt due as determined by the DRT / DRTs. The appellate DRT / DRTs may waive or reduce the said deposit. Our views are as under:-

(1) On account of such provision, it is all the more important to have proper pleadings at the very initial stage of DRT / DRTs trials so that it is proved that the borrowers do not have any sparable money for the said deposit. In our drafts we include such pleadings.

(2) Further on account of such provision, it is highly essential that the DRT / DRTs trial has to be exhaustive and complete in all respect. The borrowers must include their counter-claims if there is even a slight possibility of the same otherwise there will be no opportunity in future. The pleadings must contain all the facts for the proposed trial. With our expertize and specialization, all such precautions and safeguards are readily available.

(3) There is scope for questioning the constitutional validity of this provision. We have lot of material and the party desiring to do so may contact us. 

[Back to Top]

horizontal rule

 

Will Indian Courts and DRT / DRTss give decisions on the points raised by you ?

(a) This doubt prevails in the minds of the people because of wrong approach to litigation process. If we jump to High Court or Supreme Court in the very beginning, we are bound to fail. Even the consumer forum is not a proper jurisdiction for bank cases. The best place to start the legal battle is the trial court or DRT / DRTs.

(b) The Industrial or business loans involve complex and controversial facts about the working of the industry, business and banking. The important facts are known as material facts. The importance is to be judged in light of the law to be applied. In the context of industrial units being created, promoted, developed and to be maintained in pursuance of the directives and policies of the government operating through the RBI (Reserve Bank of India), the law of torts is the most appropriate law to be applied. The person who prepares the case on behalf of the borrowers and guarantors should be well versed in this law, then only he should examine all the available facts and then sieve out the material facts. Any deficiency or lapse in this recognition and sorting out of the material facts will certainly result into failure. Hence 90% of the battle will prove to be successful if drafting of the pleadings has been done by a person who has thorough grasp of business, industry, banking, legal process and law of torts. Such appropriate pleadings only should be filed in the courts or DRT / DRTss. It is needless to mention that we have exclusive expertise in this area. Rest of the court/DRT / DRTs process can be handled by any advocate as we provide exhaustive brief. If needed, we can also handle arguments in DRT / DRTsand ADRT / ADRTs.

(c) The most important aspect is the cross-examination of the bank officials. On account of our exhaustive draft any advocate can obtain the admissions of various material facts useful for the borrowers and guarantors. With such process, the role of the judge is left with nothing but to give decision in our favour as he has no discretion in respect of the facts admitted by the bank officials. With such legal process, the role of the high court and the supreme court becomes very much limited particularly in respect of the admitted facts.

(d) This winning strategy requires hard work and patience. It is needless to reiterate that the most important aspect is an appropriate drafting of counter-suit or counter-claim. Our approach is result of more than 13 years of practical work on the legal shop floor supported by thorough study of relevant legal material, numerous case laws and supreme court judgments, discussions with the legal experts, advocates, judges, writers of legal books, industrialists etc. Our 2 main articles and more than 70 mini-articles including those on Securitisation Ordinance and Act published in the Financial Express are the solid proof of our experience and knowledge. This is the reason as to why our work has been appreciated by our clients and legal authorities vide their comments, extract furnished in the page About Us-DRT / DRTs Solutions of this web site. We are always available for further clarifications. In case of any difficulty, please make a phone call to us. In respect of DRT / DRTs matters, we provide legal consultancy even on phone.

[Back to Top]

horizontal rule

How do I get your services particularly when you are situated at outstation at Indore?

We cater to various clients all over the country in respect of solicitor services on all DRT / DRTs matters. We are also available for arguments in DRT / DRTs and ADRT / ADRTs. Our clients first get in touch with us through phone. They, then, send us copies of the available documents, brief history of their case along with a prescribed study fee. After receipt of these, we study their documents in depth and prepare our opinion along with the strategy for future course of action. This is the stage at which, if the client desires, he can have detailed discussions. We have a well developed online computer system for rendering efficient services any time any where. Since we are highly focused on the Law of Torts as applied to business, industry, sick industries and relevant legal aspects, our products and services are qualitatively of highest possible standards. We provide exhaustive briefs i.e. case laws, analysis, strategy and online support so that any advocate of Indian Courts will find it easy to contest in the trial court, DRT / DRTs as well as higher courts. It is needless to mention that on account of expertise and specialization, we provide instant advice even on phone with up to date law on any issue related with DRT / DRTs, ADRT / ADRTs, Securitisation Ordinance, Bank documents etc. Our clients can have arrangements with us for retainership using phone or e-mail.

[Back to Top]

horizontal rule

Whether Can I prepare my counter-claim? and its pros and cons?

Few parties have enquired as to how can they prepare counter-claim themselves at their own end and if so what are its pros and cons? Preparing counter-claim is a highly skilled job requiring mastery of relevant facts and mastery of relevant laws. In case of DRT / DRTs counter-claims, one should have in-depth knowledge and experience of banking, industry and business, Banking laws, company laws, law of torts, law of damages, procedural laws, Constitution of India, DRT / DRTs laws, law of pleadings, law of evidence, law of contract, Bankers' Books Evidence Act, Securitisation Act, relevant court judgments etc. Normally such specialized knowledge and experience is not possible for the businessmen, industrialists and their advocates. If someone wishes to acquire the same, it needs intensive study for years together. Despite if someone endeavours to do so, the pleadings will be incomplete and inaccurate and such a step brings in serious weakness right from the first step. In fact the battle is lost before it begins. It would be a false saving and suicidal. The expenses involved in getting the counter-claim drafted by experts like us would be worth any cost just like a life saving drug. We have achieved the quality standards of drafting after continuous experience and knowledge past more than 13 years of exposure. Many of our clients with our drafts are now having upper hand over the banks and financial institutions. Despite all these even if you intend to draft the counter-claim yourselves, it would be like inventing the wheel and will prove to be highly injurious. Some of our clients and their advocates attempted to do so and when they had problems, they came running to us and we had to redraft the entire counter-claim as they made fundamental mistakes in choosing proper legal syntax, the categories of damages, calculation of damages as per law etc. (24.10.05)

 

[Back to Top]

horizontal rule

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  

    

DRT Legal Solutions

 

Attorneys at Law of Torts, Injury and IPR Claims

HomeContentsProducts & 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 :- Phones (India):- Mobile- +91-969-1103689, Off. & Res. +91-731-4049358,

E-mail - ramkishandrt@gmail.com and ramkishan@drtsolutions.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.comwww.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.

Last Modified:- Please see the top of the Home Page

Copyright © 2001-2021 - DRT Legal Solutions, India. All rights reserved.