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
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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.
DRT Legal Solutions
Attorneys at Law of Torts, Injury and IPR Claims
Home│Contents│Products & Services│Frequently Asked Questions│Useful Article-Borrowers│Useful Article-Guarantors│RBI Guidelines│Notes-Law of Torts│Notes-Damages│MiniArticles-Letters to Editor│Useful Interactions with Clients & Visitors│Securitisation Act-Comments│About Us-DRT Solutions│Useful 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 Advocate│Legal Forum of India│Success & Results of Our Guidance│DRT Orders in favour of Borrowers & Guarantors│NPA, Debt due, Rehabilitation of Sick SME Industries│Our Replies to Queries on Current DRT Matters, Court Decisions etc.│Measure of damages & Calculations under Torts & Contracts│Video Interview - GC Garg, Ex-Senior Bank Official│Solar Healing, Yoga, Projector, Rebirth etc.│Swami Ramdev, Yoga Guru, Cure for All Diseases, Medical Science Revolution│Court Technologies IT Presentation Video Arguments│Archive│DRT Solutions Weekly Mail for Borrowers & Guarantors │ All India DRT Conference 2011 at Indore│Article by Ram Kishan on Management & Technology in Indian Judiciary│SARFAESI Securitisation Securitization Actar SA NPA│DRT Judgments Favourable / Useful to Borrowers
Contact Information :- Phones (India):- Mobile- +91-969-1103689, Off. & Res. +91-731-4049358,
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-WVBฎ 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.
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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