DRT Legal Solutions
(Debts Recovery Tribunal Legal Solutions) is an India based
Law Firm specializing in DRT, Securitisation, 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 - +91-930-2103689, Off. & Res.- +91-731-4049358 and +91-731-3290201
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Drt Solutions Weekly Mail – 10th Issue dated 18th July ’08
(1) Few Important Mails/Phones received & our comments :-
(a) Mr. Pravir Dugar, Mumbai has stated that an area to be addressed is the lending banks’ rushing to the CYBIL data base with a borrowers negative data of even disputed demand of the lender. We started dealing on this topic vide Sl. No. (3) in our 6th issue of Weekly Mail dated 20.06.08. Further development on this topic may please be seen at Sl. No (2) below.
(b) Mr. Manish Verma, Raipur has made a reference to Sec. 19 (11) of the DRT Act and has stated that “in light of the said clause, the filing of counter-claim may not be adequate defence against Bank’s actions. As per the said clause, the Tribunal may make an order to exclude the counter-claim”
In this connection, it may be noted that as per Sec. 19(9), a counter-claim shall have the same effect as a cross-suit so as to enable the Tribunal to pass a final order on the same application, both on the original claim and on the counter-claim. Now in the event of exclusion of the counter-claim, the borrower should transfer his counter-claim for adjudication in Civil Court. As we have always emphasized that in almost all the cases, the counter-claim is much more than the claim of the bank and hence there is no debt due. Suppose DRT decides the claim of the Bank but the execution of the said decree (Recovery Certificate issued by DRT) will have to wait till the counter-claim has been finally decided by the Civil Court. Thus the borrower continues to get protection of the counter-claim. Hence counter-claim is the only defence against the claim of the bank.
(c) Mr. Sundararajan, Madurai in his mail dated 17.07.08 (reproduced at the end of this weekly mail) has informed that our guidance and advice has been quite useful to his advocate Mr. Arun Murugan. In fact, the settlement could have been much lower had the party raised and contested counter-claim. As already reported on our web site, some of our clients have settled with amount less than 5% of the debt due.
(2) Willful Defaulter – Which is the best course of action - Injunction Suit, Application in DRT or Writ Petition:-
One of our clients at Mumbai has been threatened by the lending bank that they will declare him a well as his group a ‘Willful Defaulter’ We have advised him to file an Injunction Suit. This matter was discussed by the legal counsels at Mumbai and there were difference of opinion whether the matter should be agitated in Writ Court, DRT or Civil Court. Finally from all angles and considerations, our advice regarding filing of Injunction Suit has been found to be of the best options.
(3) Audio CD of Conference – Transfer to MP3 Players:-
Our Audio CD of the complete conference has been very much appreciated by those who have received the said CDs and DVDs. We have chosen the format as MP3 so that one may transfer the 3 audio clips to miniature MP3 players which are most convenient to listen while traveling, waiting period, bath rooms, morning evening walks or any other free time. However the DVDs have their own importance as all the 4 main speakers have used PowerPoint Presentation having many slides giving Supreme Court citations and other useful legal material in text form which provide much better information than only audio. Any way the combination of Audio and Video will immensely benefit the Borrowers, Guarantors and their Advocates.
(4) Our Life Style and 3 Screens viz Mobile, Computer and TV:-
Our present life style is greatly influenced by 3 screen viz Mobile, Computer and TV.
(a) Mobile - The moment we get a ringing tone on our mobile, we see it’s screen. We check up the address book on the mobile screen, We use the said screen for SMSs.
(b) Computer – We check up our e-mails frequently. In our case we do so every hour as we get lot of mails constantly. The internet provides us all knowledge, court judgments etc through computer screen. Laptop screen is with us during traveling. All our work is through computer screen only. All our associates are working with us through their computer screens.
(c) TV – We get our news at any time from TV screen. We need it for all types of information like daily doing Yog and Pranayam in presence of Swami Ramdevji through TV screen.
The above 3 screens are governing our time management and engagements. The said screens are in competition and slowly the mobile screen is becoming more powerful as we are required to carry it all the time. Hence the mobile screen is going to be the first screen whether for e-mails, internet, news or entertainment.
Drt Solutions Weekly Mail – 9th Issue dated 11th July ’08
(1) Few Important Mails/Phones received & our comments :-
(a) Mr. Mahendra Jain, Belgaum has appreciated our approach to reforms in Judiciary. His mail dated 6th July ’08 is reproduced at the bottom of this weekly issue. Our message is slowing spreading among the bank victims. Wherever possible we are advising them to file counter-claim or damages against the banks in civil court or DRT, fight the battle in trial court with perfection on every date so that the bankers are made to admit their default through judicial process. The existing laws and procedure of law are more than sufficient to achieve the same.
(b) Mr. Vivek Prani, Pune and his family has been virtually destroyed by the bank. On one hand huge amount is due from the Govt and he is simply unable to get the same but the bankers have closed their eyes from this important fact and having been using all their tools to extract their alleged overdues. It is pathetic to find such plight of young entrepreneurs. We have advised to initiate criminal action against the Government so that all his pending payments are recovered and then file damage suit against the bank for its callous attitude and wrong doings.
(c) Mr. Sundararajan, Madurai is restless to lodge a complaint with the CVC (Central Vigilance Commission) While we have no objections for the same but are of the view that it should not be done at the cost of court battle as ultimately the decisions of the court will have much greater permanent effect than any other executive action.
(d) Mrs. Pugalia, Bikaner is in touch with us past 3 years. Despite striking settlement, the bankers have gone against the same and have initiated litigation. She is highly aggrieved over the callous attitude of the bankers particularly when her husband has died and children have yet to settle in life, but the bankers are simply after their only residential property. She is preparing to initiate damage suit against the bank.
(e) Deposit of money for DVDs – we have received orders from several persons for the DVDs of the Indore Conference. The dispatches have also started. Some of them have appreciated the Conference as well as the content and quality of the video recordings. All the talks have been found very useful to them and their advocates.
(2) Curfew at Indore:-
Past 7 days, the life in Indore was severely affected due to Curfew on account of communal violence. The dispatch of DVDs was delayed.
(3) Synopsis of Indore Conference in 7 minutes:-
Just an Introduction to the persons who have not attended the Indore Conference, we have prepared a DVD which gives through PowerPoint Presentation the bird eye view and synopsis of complete conference in 7 minutes. This DVD (No D-010 )is also being supplied along with the 4 main DVDs (Nos D-011 to D-014) which contain complete video recording of entire conference.
(4) Audio Record of Indore Conference:-
Some of our clients suggested to have audio record of complete conference. Hence we have prepared a CD containing MP3 audio record of complete conference. This CD (No C-015) is also being supplied along with above mentioned 5 DVDs. One can now listen the complete Indore Conference during travel in train or airplane, traffic jams, waiting period etc.
(5) Advocates in DRTs need greater help from defendant borrowers and guarantors:-
Many of our clients are getting success in DRT proceedings. In all these cases, such clients are getting complete guidance and advice from us and in turn they are providing greater help to their advocates. The advocates by virtue of their work don’t have time for research and studies which we provide. There is no other way to fight the mighty banks and financial institutions.
(6) Follow up for proposal from Legal Forum of India about Court Timings & Video Recordings:-
We received very good response to the two proposals mooted out by the Legal Forum of India. It has been decided to write ‘Letters to the Editor’ of the prominent news papers. You are requested to write to the news paper of your choice. If you need, we can provide draft of such letter. As soon as the said letter to the Editor appears, please inform us the details i.e. Name of the News Paper, date of publication, page no and the heading, if any. If you can send us the original copy of the complete page , You may please repeat such letters once every one or two months covering most of the important news papers so that the matter is brought before the public repeatedly. At proper time after country wide coverage, the Legal Forum of India will address a communication to Chief Justice of Supreme Court of India seeking time for interview so that the matter could be explained to him for earliest possible implementation. The country wide news paper coverage will be very useful in the said interview. After the interview, the complete story will be released to the electronic media through DVDs and personal interviews by the Legal Forum of India.
(7) Copy of Mail dated 6th July ’08 received from Mr. Mahendra Jain of Belgaum:-
Drt Solutions Weekly Mail – 8th Issue dated 4th July ’08
(1) Few Important Mails received & our comments :-
(a) One party from Kolkata informed that he was approaching to us after 3 years and desired our opinion whether even after taking possession and or sale of the secured assets, the lender can claim interest on outstanding amount. We informed the party that all these matters require several details and analysis based on documents. As per decision of the Supreme Court in the matter of Central Bank vs Ravindra, interest will continued to be payable on the debt due, if any. If we have pleaded counter-claim based on the wrong doings of the lender and there is no debt due or rather effective counter-claim is due from the lender, interest will continued to be payable on the said counter-claim till payment is made. That is why we have been emphasizing on our web site since 2001 that proper counter-claim must be set up and if it has not been done and if there is any debt due, the interest will continued to be payable on the balance amount even after sale of the property. In fact, person pleading counter-claim will not permit possession or sale. Counter-claim can be filed at any stage depending on the pleadings made in past and adjudication held. We have got an assignment of preparing counter-claim for a person aged 75 years who has fought bank litigation past 20 years.
In view of above any query to be properly answered by us requires all the details and analysis based on documents
(b) Another mail was from our Madurai client informing that the PO of the DRT who was earlier not listening to the borrower and his advocate, due to persistent Review applications not only listened but pulled up the lending bank for delaying the reply.
We have all along been emphasizing that the trial court i.e. DRT is the first and last court for Facts and hence if perfect trials on every date are not held, one (particularly borrower) should forget about getting justice from present Indian Judicial System as it is highly overloaded, mostly manned with incompetent operators (advocates and judges) at the level of trial, being run with 13 centuries old technology and being pressurized for quick disposal ignoring all principles of justice, equity and good conscience. On account of these factors, majority of orders in trial court need reviews, rereview, change in court etc. till all the facts are fully ascertained and more so in the matter of bank litigations when all the facts are contained in the documents, all documents are in power and possession of banks, the bank officials simply plead total and evasive denials and never permit discovery of material documents. With our approach of perfect trials on every date with complete knowledge of banking, finance and industry, one can hope of winning his counter-claim.
(2) Assignment for Video Arguments
We are pleased to announce that we have received an assignment from one of our Mumbai clients to prepare Video Arguments to be submitted in his case of Damage claim under adjudication at Silvassa, The said arguments will deal with the closure of defence of lenders against the counter-claim.
(3) Plain Language for Lawyers
There is worldwide movement for use of such legal language in the courts and documents, which must be understood by the parties. In 1993, the Australian Parliament issued two reports which looked critically at lawyers’ language and its effect on public access to justice. The second report was specifically dealing with legislative drafting by the Commonwealth of Australia.
Further details on this subject are available in the book “Plain Language for Lawyers’ by Michele M Asprey, 1991, first Indian reprint published in 2002 by Universal Law Publishing Co. Pvt. Ltd.
(4) Important Initiative by Legal Forum of India
The Legal Forum of India has decided to launch a mass movement for the following in the matter of working of DRTs and Trial court:-
(A) Management in Court
(a) The judges must be present on the Board on or before 10 AM
(b) Before leaving the court, they must be present on the Board at 5 PM or after.
(c) Condolence, if any be held only after 5PM
(B) Technology in Court
Video cameras be fitted in DRTs and the trial courts and daily proceedings be recorded showing time, date and case details
Reasons for above
(a) The banks including public sector banks have started working 12 hours daily from 8 AM to 8 PM. ATM are dispensing cash 24 hours. Kirana shops and even Reliance Fress are working from 6:30 AM to 10:30 PM. The telephone companies are round the clock customer service.
(b) Court fees even for sick units or closed industries are prescribed to be in lacs.
(c) Under above facts and circumstances, how some of the DRTs and Trial Court work only for 3 to 4 hours as well as enjoy vacations in summer and winter.
(d) The consumers of judicial process and customers of courts are entitled to demand work during office hours i.e. 10 AM to 5 PM particularly when there is huge pendency of 3 crore cases and trials taking place for decades.
(e) One can view Indian Parliament live on any day. US and UK courts are fitted with video cameras and recorded video proceedings can be downloaded from internet free of cost. The why video cameras can not be fitted in DRTs and trial courts. Indians are number one in IT globally and hence the proposed video recording setups will not take any time particularly when huge court fee in lacs is being realized despite several recommendations of Law Commission that there should not be any court fee.
Drt Solutions Weekly Mail – 7th Issue dated 27th June ’08
(1) DVDs of Indore Conference
All the 4 DVDs (covering video recordings of 12 hours) are ready. We have received huge demand. Dispatches have commenced for the persons who paid the Conference Registration Charges or who have paid the cost of DVDs i.e. Rs. 800=00. Those who have not paid the said charges may remit Rs. 800 for the set of the said 4 DVDs plus one DVD which gives the Synopsis of all the 4 DVDs. These DVDs are most useful for defence of borrowers and guarantors facing bank litigations in DRTs. They are most valuable to DRT Advocates as lot of legal material and case laws are given and described in respect of DRT Act, Securitisation Act, RBI Guidelines, Supreme Court Judgments, Personal Guarantee, Industrial Policy, Court Craft, FIR and Criminal Law, Video Arguments etc. The said DVDs are goldmine of latest information on DRT and Securitisation matters. Interested persons may deposit Rs. 800 (for complete set of 5 DVDs) by local cheque or cash in our current account with intimation by e-mail ID email@example.com giving current postal address. It may take a fortnight for supply against an order.
(2) Growing use of Criminal Law by bankers
The use of tool of criminal law by banks and financial institutions is growing day by day. Our clients at Mumbai, Ludhiana, Ranchi, Hyderabad and Indore faced such problems. Hence we started a Criminal Wing so that our clients may also respond with equally strong criminal action. Mr. Devasahayam of Chennai who is initiating PLIs (Public Interest Litigations) or dialogues with politicians and govt. authorities for legal reforms desires to have details of the said criminal actions. All our such clients or recipient of weekly mails may contact Mr. M.G. Devasahayam of Chennai at his mail ID firstname.lastname@example.org
(3) Suicide of 9 members of Borrower’s family and inhuman behavior of bank officials
A Hariyana businessman committed suicide along with his eight family members. The only living survivor in his family is his 80 years old mother. The banks have now sent recovery notices to the said old lady. This news item is published at page 12 of ‘Dainik Bhaskar’, Indore dated 24th June 2008. This shows that to what extent the bank officials can become inhuman. That is why we insist for perfect trials on all dates for the claims and counter-claims in DRTs. Any lapse on this may recoil on your family members in future. DRT is the first and last court for judicial determination of facts. Such facts are contained in documents which are in power and possession of banks. Bankers suppress all the material documents. With proper use of tool of law, all the documents must come out before issues are finalized.
(4) Conduct of DRT Judges
Few of our clients are highly worried about the misconduct of the DRT Judges. This must be resisted by all means otherwise the trial will be defective and beyond repair by higher courts. As already informed all the DRT litigants must study para 61 and 42 of the famous Supreme Court Judgment vide citation (1992) 1 Supreme Court Cases 119 All India Judges Association vs Union of India. We must respectfully submit to such judges to follow the said SC judgment. If they do not listen, they must be told that we will be compelled to submit such conduct in writing by way of affidavit. If there is no effect, review and rereview and appeal along with written arguments must be filed. Even then if there is no corrective effect, application for transfer of the court must be moved in DRAT. Even after moving to higher courts, if there is no effect, the matter be reported to media. Legal Forum of India will provide all guidance and help in such matters.
(5) Video Arguments
Our Advocacy Wing is ready with technology to prepare Video Arguments for submission in DRTs. Our senior advocates are going to present such arguments in DRTs at Mumbai, Bangalore, Madurai, Chennai, Delhi, Lucknow, Ranchi, Jabalpur and Chandigarh where we already have clients and close touch with their advocates. As soon as such arguments are presented, the news will be flashed on our web site as well as through these weekly mails.
(6) Use of Technology in our Working
All our clients and their advocates are required to be readily available through e-mails and mobile phones. Since long e-mail replies are sent through voice mails, the computers must be equipped with speakers. We have several DVDs useful for our clients, the computers must have DVD drive. We advice our clients to have voice recorders so that they may record important arguments in the court and send the same through voice mails to us for analysis and comments. Our advocates and staff normally operate from their homes on internet with SOHO (Small Office Home Office) being in immediate touch with us and among themselves through mobile and internet.
(7) Subscribers for the Weekly MailWe are receiving huge no. of requests for inclusion of their names in the mailing list of the weekly mail. The subscription to these mails are free. We desire to confine the subscription to really needy persons along with their advocates. Our intention is to empower the subscribers with the practical aspects of defence of borrowers and guarantors in DRTs. Those who desire to subscribe may mail their names, postal address, contact mobile nos., qualifications and the reasons why they are interested in our weekly mails. The existing subscribers may also introduce such persons to us with their recommendations.
Drt Solutions Weekly Mail – 6th Issue dated 20th June ’08
(1) Interest in Weekly Mails
We have started receiving huge number of mails showing interest in our weekly mails. Accordingly we sort out matters of common interest and prepare these weekly mails on Thursdays. Our focus area is ‘Defence of Borrowers and Guarantors’ with emphasis on practical aspects. Hence topics related to our focus area get preference over other topics. All the weekly mails right from the first issue are available on our web site vide link given in the Note above so that new subscriber to these weekly mails may go through the same. We welcome suggestions from the recipients. You are requested to forward these mails to other needy and interested persons.
(2) DVDs of Indore Conference
All the 4 DVDs are ready. Index of two has been prepared. Since we have received orders from several persons, it has been decided to dispatch the DVDs during this week itself. In the mean time the index will appear on our web site.
(3) Willful Defaulter – Declaration by Banks
One of our clients at Bangalore is being threatened by the bank to declare them ‘Wilful Defaulter’ so that his business is ruined as other banks and FIs will not finance them. We have decided to initiate criminal action against the bank officials as well as to file an Injunction and Declaratory Suit. In this connection the following master circular on this topic is highly useful. If there is any difficulty in getting this circular, you may send a request mail to us we shall forward a copy of the same.
RBI Master Circular No - DBOD No.DL.BC.12928/20.16.003/2007-08 circulated under the letter no RBI/2007-2008/59 July 2, 2007 addressed to all the Chief Executive of all scheduled commercial Banks and Financial Institutions
(4) Queries on Counter-claim
One of the Participants of our conference, from Mumbai made certain queries on Counter-claim. Our following reply will throw light on this subject:-
(1) There is specific provision of counter-claim in DRT Act vide section 19(8) of the DRT Act. But it is not so in the Securitisation Act. However as suggested in our weekly mail, we can take recourse to provision of sec. 17(7) of the Securitisation act.
(2) The counter-claim can be filed at any time but before the trial has begun. Otherwise one may file as amendment at any stage under O-6 R-17 of CPC.
(3) If one desires to file counter-claim even after settlement, one has to examine the documents relating to settlement.
(4) When it is not filed as counter-claim, it is termed as Damage Suit only.
As submitted in our web site www.drtsolutions.com , the counter-claim or damage suit is the only and ultimate defence against the banks and FIs in the DRTs. It must be prepared by agencies like us having Mastery of Facts (i.e. banking, finance and industry) and Mastery of Law (relevant to banking, finance and industry, RBI Guidelines, SC judgments etc.) The DRT proceedings on every date should have guidance from the said Agency like us to attain perfection on every date. Then only one can hope to attain winning edge over the banks and FIs.
(5) Qualities of Judges as per Supreme Court
The qualities of Trial Judges and other Judges have been described in detail by the Supreme Court of India vide citation (1992) I Supreme Court Cases 119 in the matter of ‘All India Judges’ Association vs Union of India. All the DRT litigants and their Advocates must read this important judgment particularly para nos 42 and 59. If there is any difficulty in getting this judgment, you may send a request mail to us we shall forward a copy of the same.
(6) Article 141 of the Constitution of India
All the borrowers and guarantors facing bank litigations in DRTs along with their advocates must pay serious attention to the Article 141 of the Constitution according to which ’The Law declared by the Supreme Court shall be binding on all courts within the territory of India.’
How a trial in a court (including DRTs) is to be conducted is laid down by the Supreme Court in para 6 of AIR 1969 Supreme Court 1167, Swaranlata vs Harendra Kumar. This para must be on tips of the defendant litigants and their advocates in DRTs. In this case, the Supreme Court has remitted the case to conduct the trial again after 18 years.
Not considering the law laid down by the Supreme Court has been held to be an error apparent on face of records by several High Courts as well as the Supreme Court vide (1) AIR 1972 Mysore, (2) AIR 1981 HP(FB) and (3) 2004(2) MPLJ 492.
Such error on face of records do not require any elaborate arguments or reasoning. The impugned judgments must be reviewed immediately by the same judge in DRT and he must correct the said error. This is in accordance with the law laid down in CPC 1908 (Civil Procedure Code) which is now more than 100 years old.
If you do not review the erroneous judgments of DRTs, the higher court will not help you rather in one case the Supreme Court has said that since the party did not review and hence nothing can be done at this stage and rather a penalty of Rs. 25000 was imposed.
In view of above, you should never permit any order containing any violation of law declared by the Supreme Court otherwise the case may take 18 years as in Swaranlata and come back to zero position. In fact time spent in perfect trial in DRTs will have following advantages:-
(a) With such quality and perfection on all dates, there are bright chances of winning your counter-claim or damage suit.
(b) The extra time taken in DRTs as well as the expenditure will be much less than that on account of defective trials and then getting the impugned order corrected in higher courts like DRAT, High Court or Supreme Court. The chances will also be much less.
(c) If you are serious on every date, the PO in DRT will also be compelled to be pay special attention to the case.
(d) You need not worry about the time being taken in trial as your damages will continue to increase on account of interest. Since in almost all the cases, the damages are more than the claim of the bank, there is no debt due and hence no recovery action can be taken till the counter-claim or damage suit is decided.
This Topic was dealt in detail by Mr. Ram Kishan vide DVD No D-13 of the Conference.
Drt Solutions Weekly Mail – 5th Issue dated 13th June ’08
(1) DVDs of Indore Conference
All the 4 DVDs are ready. Index of one has been prepared. It is hoped that the index of the balance three will be completed within a week and the dispatches will start thereafter. We have already received orders from several parties from Bangalore, Kolkata, Mumbai and other cities. There are huge number of queries about the said Conference. We have replied to them first to view the said DVDs and then come to us for any further queries thereafter.
(2) Directors’ Personal Guarantee
There has been several mails seeking clarifications on the posts in the last weekly mail on this topic. Our clarification is as under:-
(1 )The proposed injunction and declaratory suit will be definitely of immense value to those directors who are not the promoters but have tendered only the personal guarantee involving their personal properties. But in respect of the promoter directors, we protect them by the damage suit or the counter-claim and in such cases the proposed injunction and declaratory suit is not needed.
(2) Queries were made whether the said injunction suit will preempt or stop the actions beyond the stage of 13(2) in respect of Securitisation Act. No such action will be achieved by the proposed injunction suit. The action under Securitisation Act will continue till the stage of execution. The execution can not be effected till the injunction suit is decided. The purpose of the said injunction suit will be to protect the Guarantor as described in sl. No. (1) above.
(3) Counter-claim in Securitisation Act - Permissibility
The counter-claim in respect of Securitisation Act is permissible and legally valid on account of Sec. 17(7) of the Securitisation Act.
(4) Our Criminal Wing
The bankers found that recovery of their alleged dues from the alleged NPA accounts through Civil Courts was taking huge time of 10 to 20 years and hence they got enactment of special act i.e. DRT Act in 1993 and formation of new tribunals i.e. DRTs (Debts Recovery Tribunals). All the recovery cases beyond Rs. 10 lacs were transferred to the said tribunals. The bankers again found that the said new tribunals were also taking huge time so that got special enactments like Securitisation Act in 2002. Now the bankers find that the adjudication under the Securitisation Act is also taking time and hence they are resorting to Criminal Actions. Few of our clients at Indore, Ranchi, Hyderabad and Mumbai faced such problems. Hence we have instituted a Criminal Wing headed by a highly experienced advocate who is also a retired Public Prosector i.e. Mr. R.K. Shukla who also delivered a talk on ‘FIR and Practical Aspects of Criminal Law’ during the Conference.
(5) Existing Judicial Process & Controlling Factors
The existing judicial process in a trial court like DRTs is conducted by the two advocates and the Presiding Officer of the tribunal. The ground realities and the controlling factors are as under:-
(a) In respect of new tribunals i.e. DRTs, the Tiwari Committee at Page 77 of its Report (published by the RBI in 1984) stated that “these tribunals should be manned by persons having specialized knowledge in the functioning of banks, financial institutions and industry.” Since the POs of the DRTs are only legal persons, it is built-in deficiency. On account of such inherent deficiency, the judgments and orders of such tribunals will be defective to such extent. Any effort for corrections by the affected person will result in more time and costs.
(b) The said three officers of the court should have reasonable knowledge of the subject matter i.e. banking, finance and industries. At present in most of the cases It is a fact that they are not having this knowledge. Hence the judgments and orders of such tribunals will be defective to such extent. Any effort for corrections by the affected person will result in more time and costs.
(c) As a whole there is shortage of competent advocates in the country. The existing competent advocates don’t have time and energy to study and master intricacies of banking, finance and industry including the related special laws. Hence DRTs are having inferior advocates. Therefore the judgments and orders of such tribunals will be defective to such extent. Any effort for corrections by the affected person will result in more time and costs.
(d) The trouble starts with the pleadings which require mastery of facts and mastery of law. Hence there is acute need of agencies like us. Since such are very few, the pleadings are inherently defective right from inception. Hence the judgments and orders of such tribunals will be defective to such extent. Any effort for corrections by the affected person will result in more time and costs.
(e) Another source of trouble is the bank officials and their law departments. They are all employees who are primarily concerned with their job and do not involve in any risk or responsibility. As a result they simply deny the pleadings of the borrower. They cause hurdles in discovery of true facts and documents. Therefore the judgments and orders of such tribunals will be defective to such extent. Any effort for corrections by the affected person will result in more time and costs.
(f) Many of the proceedings and actions of the DRATs, High Courts and Supreme Courts also suffer from above deficiencies and hence the cases are tossed from one point to another back and forth resulting into years and even decades.
(g) In view of above, right from inception, we apprise and empower our clients that their battle is highly time consuming, expensive and long drawn. With our help, inputs and guidance, they may have winning edge but the banks and financial institutions may also indulge in matching fight even by employing experienced and costly advocates. That is why we are so particular in having perfection at every stage at every point of time and more so in trial courts like DRTs. The ultimate results will be that the battle will take years and decades and that is why we advise our clients to create other sources of income and wealth generation.
(h) Side by side we are proposing application of modern management techniques and employment of higher technology in judiciary.
Drt Solutions Weekly Mail – 4th Issue dated 6th June ’08
(1) DVDs of the Indore Conference
The 4 DVDs of the Indore Conference are now ready. The index is being prepared. In the meantime we have started receiving the orders for the same.
(1) Those who have attended the conference will be sent free of cost as the same is included in the Registration Charges already paid by them. If there is any change in postal address, the same may please be communicated.
(2) Those who have not paid the Registration Charges are requested to remit Rs. 800 towards the costs, forwarding and packing charges. The package include the 5 DVDs (one for Introduction and Synopsis and 4 of the Conference) along with the hard copy of the material given to the participants.
(3) The details of the DVDs and method for paying the said charges are given in the 3rd Issue of the Weekly Mail below.
(4) The postal address along with the reference of the payment may please be communicated to us through mail.
(2) Director’s Personal Guarantee
This has been the hottest topic of the day. The article and talk by Mr. Sharma has evoked maximum response. In fact we have used the concepts in the case of one of our clients at Bangalore.
The gist of the queries have been as to the practical utility of the approach which is summarized as under:-
(a) This will protect the personal assets of the Directors whose personal guarantee has been obtained by the lending banks and financial institutions.
(b) The said Directors will be liable only to the extent of the value of the shares held by them. In majority of the cases, such shares are reduced to virtual nil value in the case of sick and closed units.
(c) The proposed Injunction and Declaratory Suits to be filed by the Directors will not stop the recovery actions under the Securitisation or DRT Acts.
(3) Discovery of facts & Inspection of Documents
We have been emphasizing the importance of pleadings. The person who is drafting must have the mastery of facts and relevant laws i.e. banking, industrial finance, RBI Guidelines etc. If it is not possible, the pleadings must be got prepared by agencies like us. Assuming that proper pleadings have been prepared and counter-claim or damage suit has been filed against the lender. It is observed that in almost all the cases, the banks submit general and evasive denial in their written statements in respect of the said counter-claim or damage suit. It is such denial which entitles the borrower in the matter of his said counter-claim or the damage suit to go for discovery of facts, another most important stage in the adjudication.
As usual the judges in the trial court or the Pos in the DRTs (on account of reasons given in the paragraphs below) frown upon such discovery. The borrower and his advocate need to pay attention to the following :-
(a) In bank litigations, all the facts are contained in the documents.
(b) The originals and all such documents are in power and possession of the banks.
(c) The banks avoid to produce the said documents otherwise they will lose the case.
(d) The borrower must not allow the case to proceed until and unless the required discovery is fully completed otherwise the borrower will lose his counter-claim or the damage suit. Any defeat in the trial court can not be corrected by actions in High Court or Supreme Court as the matter will be dragged on for years and will also be quite expensive. Hence the approach in the trial court should be do or die. All possible legal procedural provisions of ‘Review’, ‘Appeal’ and or ‘Re-review’ must be used.
(e) All the provisions under Order 11 of the CPC 1908 must be fully understood by the borrower and if he and his advocate work hard on every date, they may even achieve striking off of the defence of the banks as per the Order 11 Rule 21 of the CPC.
(f) Such provisions are in existence for more than 100 years but are not properly used.
(g) All the borrowers and guarantors who are at the stage of the case as above, will gain a lot if they go through the citation AIR 2000 Madhya Pradesh 74, Indore Development Authority vs Satyapal Anand. This ruling lays down the importance of discovery of documents and mentions several leading judgments.
(h) In nutshell bank litigations can not be won without proper preparation of discovery of documents.
(4) Conduct of Judges
The undersigned delivered a talk spanning 3 hours in the last Indore Conference dealing with various aspects of ‘Court Craft’ The said talk will prove to be highly useful to the borrowers and their advocates facing litigations in DRTs. One of the 4 DVDS contain the complete talk. At our instance many of our clients and their advocate have started taking keen interest in the day to day proceedings. They have understood the importance of the following:-
(a) Pleadings, discovery of documents and cross-examination of bank officials are the most crucial stages in the trial of counter-claim or damage suit.
(b) The trial court or the DRTs is the first and last opportunity to win against bank.
(c) Since the complete environment is against the said borrowers, it becomes all the more important to achieve perfect trial on every date.
(d) It is observed that the moment above is implemented, the judges in civil court or Pos in DRTs become annoyed.
(e) Such conduct of the said Judges is a normal phenomena as it is well known that (1) they are heavily overloaded. (2) there is pressure for quick disposal (3) on account of absence of technical member (one who understands the intricacies of finance, industries and banking) they feel helpless and hence employ their common sense which causes defects in the trial calling for reviews and appeals (4) new pressure being created by our perfect pleadings and court dealings.
(f) The said judges are public servants as affirmed by Justice Markandey Katju, the sitting Judge in the Supreme Court of India vide link
(g) The borrower and his advocate must be very strict in achieving perfect quality on every date. The orders and record of proceedings must be perfect. If this causes jittery to the judge, don’t bother about his behavior or conduct. Never act on his verbal orders. In respectful words, request him to give orders in writing. Once a order in writing has been received, the same must be examined thoroughly. If there is any mistake, it must be reviewed, appealed or rereviewed.
(h) If the judge continues to behave improperly, put down everything in writing and with sufficient records, move a case for transfer of court.
(i) If you and your advocate don’t do above, you should be prepared to lose your case in DRT oar Trial Court. Once you lose, the judges in higher courts i.e. DRAT, High Court or Supreme Court being under pressure and with heavy pendency will only endorse the findings of the DRTs.
(j) We are getting many cases, where above has not been followed and as a result the borrowers are suffering. In one case, the borrower fought his case from 1987 to 2007 i.e. for 20 years from trial court to Supreme Court. He lost every where and now he has given us the assignment to prepare damage suit against the bank. His age is now 75 and still he desires to get justice.
With best wishes,Ram Kishan
Drt Solutions Weekly Mail – 3rd Issue dated 30.05.08
(1) Link for Supreme Court Judgments (Free of Cost)
All the Supreme Court Judgments from the inception may be searched and obtained free of costs from the site set up by the Government. There are many softwares available in the market but the said Govt site is equally useful. The link is http://www.judis.nic.in/supremecourt/chejudis.asp
(2) Web Sites of Banks & Financial Institutions
The borrowers and guarantors will be immensely benefited if they study the web sites of the banks and the financial institutions. Our pleadings of the counter-claim and damage suit also contain reference and extracts from the said web sites.
(3) Feedback Mails on this Weekly Mail
We have received few feedback mails on this weekly mail. Accordingly the contents are being designed and updated. Your suggestions are always welcome.
(4) DVDs for our Advocates
Many of our clients desire to obtain our advocacy services. First we are launching the same from Mumbai. We have started preparing DVDs for our Advocates in Mumbai. We expect that our advocacy services in Mumbai will commence from August 2008.
(5) DVDs of the Indore Conference
The 4 DVDs are ready and the indexing is expected to be completed during this week. A 10 minutes introductory and Synopsis DVD has also been prepared. The details of these DVDs are as under:-
(1) Introductory and Synopsis DVD No D-010 :- It gives the Introduction and Synopsis of the complete conference in 10 minutes by way of PowerPoint presentation including video extracts and photographs of the Conference.
(2) DVD No D-011 on “Directors’ Personal Guarantee – A Void Agreement”:- It covers the Inauguration of the Conference, Inaugural Speech of Mr. B.S. Malik and the keynote speech of Mr. N.K. Sharma, Dy. GM (Law) on the important topic of ‘Directors’ Personal Guarantee – A Void Agreement’ This talk having 47 slides of PowerPoint presentation contains many useful citations and law points with explanation is a must for all the borrowers and guarantors. In fact this particular topic was the hottest topics of the whole conference. The questions and answers are covered in next DVD i.e. D-012 described below.
(3) DVD No D-012 on “Securitisation Act – Practical Aspects”:- It covers the complete talk by Mr. B.K. Dubey, Advocate who is also head of our Advocacy Wing. He has handled and is still handling several cases of Securitisation Act in the country for all our clients. The talk gives several practical points, legal points and citations for the defence of the borrowers and guarantors facing Notice under Securitisation Act. The 13 slides of PowerPoint presentation will prove to be quite valuable. The talk is followed by several questions and answers on Securitisation as well as on Personal Guarantee. These questions and answers provide most valuable material. This DVD also contains a talk by Mr. R.K. Shukla, Advocate on “FIR & Criminal Law Procedure” with particular applications in Bank Litigations as well as questions and answers.
(4) DVD No D-013 on DRT Court Craft & Defence of Borrowers :- It covers 2 hours talk of Mr. Ram Kishan on practical aspects of DRT Court Trials with several important citations and legal explanations on important legal tools like Review and Change in Court with a view to achieve perfection in trial in DRTs. The PowerPoint presentation with slides on Video Arguments is a must for all the borrowers and guarantors as well as their advocates.
(5) DVD No D-014 on “Industrial Policy – Legal Foundation”:- This important topic has been handled by Mr. B.S. Malik, Supreme Court Advocate who is now an authority on this subject on account of his research since 2001. This DVD contains questions and answers on various topics discussed during the entire conference. It also contain an important talk by Mr. T.R. Radhakrishnan on “How to deal with Bankers” Again there is special talk by Mr. R.K. Shukla on Criminal Procedure.
All the above 5 DVDs will be supplied with Hard Copy of Conference Material which itself is quite valuable with legal notes and citations. A hard copy of Index of all the 4 DVDs will also be supplied as well as the same will be available on our web site with continuous updation.
Price & Terms and Conditions:- The Participants traveled all way to Indore and stayed in Indore for 2 days at their own expenses. They also contributed Rs. 2500 per participant towards Registration charges. Hence all the above 5 DVDs will be supplied free of cost to those Participants who paid the said Registration charges of Rs. 2500. For all others in India, the said 5 DVDs are priced at Rs. 800 including cost of forwarding and postage. Cost of each DVD is Rs. 250 which will not have hard copy of material. Those who desire to obtain the DVDs may please communicate their current postal address through e-mail to us. The amount may be remitted by cheque or cash in our current account. The credit particulars may be informed to us through e-mail along with current postal address. The dispatches will commence within a fortnight of receiving the order.
Next ConferenceThe news about the conference has spread throughout the country and we are receiving lot of mails enquiring about the next conference. It will be only next year and the venue will be in Delhi or Chandigarh.
Drtsolutions Weekly News Mail – 2nd Issue dated 23.05.08
DVDs pertaining to the Indore Conference
More than 8 hours of video recordings of the said conference has been processed and edited. 5 Nos. of DVDs have been prepared. The indexing will take about a week. It is going to be most valuable source of information for the Borrowers and Guarantors. The said DVDs will be released within a fortnight to the community of Borrowers and Guarantors, Industrial Trade and Business Associations and all the interested groups. You may also inform the concerned persons and if possible send us their e-mail IDs.
Securitisation Case Studies to Mr. Devasahayam
Mr. Devasayam, Chennai has started a movement to get the Securitisation Act repealed. He has initiated various measures such as meeting and writing to concerned beauracrats and politicians. He requires the case studies pertaining to the problems and difficulties being faced by the borrowers and guarantors. Such information may be mailed to him vide his e-mail ID email@example.com
Important Supreme Court Judgments
(1) As per Art. 141 of the Constitution, the law declared by the Supreme is binding on all courts including DRTs in India. We have observed that on account of pressure for disposal, the DRTs are violating several Supreme Court Judgments particularly the following:-
(2) AIR 1969 Supreme Court 1167 Swaranlata vs Harendra Kumar, para 6 which lays down as to how the trial should be conducted in the courts including DRTs.
(a) AIR 2001 Supreme Court 3095 Central Bank vs Ravindra in respect of presentation of accounts. This is to be read with DRT Act, DRT Rules, Bankers Books Evidence Act and the Indian Evidence Act.
(b) Mardia Chemicals and Transcore judgments.
(c) Violations of the Supreme Court Judgments amount to ‘Error Apparent on Records, and hence such violations are reviewable immediately and hence the moment any such violations are notices, the review petitions must be submitted along with appeals. With such vigilance and alertness only, the ultimate goal of justice can be achieved particularly when the present environment is tilted in favor of banks.
Strategy in DRT
(3) It is needless to mention that the normal advocates are extremely busy in their routine matters in the court. Hence the regular and routine cases get their usual attention. But the cases pertaining to bank litigations in DRTs are comparatively a new phenomena particularly when the law departments of the bank have well established way of working and their counsels have requisite specialization and expertise. On the other hand the borrowers as well as their advocates do not have such knowledge. On account of such state of affairs only, expert agencies like us are very much needed.
(4) With above background only, we have adopted the method of empowering our clients through phone, mails and personal meetings right from the inception i.e. pleadings and fighting in the court. The central idea is to help the advocate maximum possible. We ask our clients to keep an eye on every date of proceedings, sign on the proceedings of the court, prepare 7 days in advance, keep us fully informed and take our guidance 7 days in advance etc. We have also asked our clients to study the digests, take out the relevant citations and discuss with us the applicability of the same. Then provide the same to their advocates.
(5) With above way of working lot of our clients have been benefited.
(6) If you have any suggestions on above, we shall deal with the same and the outcome will be published on this weekly news mail.
Your Suggestions and Comment required
(1) Please mail us your suggestions and comments about this ‘Drtsolutions Weekly Mail’
(2) Please forward this mail to other interested persons.
(3) Please provide us the e-mail IDs of such interested persons.
With best wishes,Ram Kishan
Weekly News Mail dated 17.05.08 - First Issue
This is the first issue of the Weekly News Mail from drtsolutions.com. This has emanated from the demands of the people who were getting daily mails for the conference who requested to continue the daily mails which was not possible and hence it was decided to commence weekly news mails. We chose the day of Friday so that those who use internet in office may visit the same in their offices and prepare their comments or suggestions during the weekends. Those who have net at their homes, may visit the same in their homes during the weekends.
These weekly news mails will consist of following :-
(a) Important developments for the defence of borrowers and guarantors.
(d) Feedback Mails or Suggestions received from the visitors of our this web site.
We hope that with passage of time, we shall add more topics and this weekly news mails will develop into very useful piece of Online Weekly News Magazine for the borrowers and guarantors. We wish to name the same as Weekly Times drtsolutions.com
Important Developments for the Defence of Borrowers and Guarantors.
(1) One of our clients at Mumbai is at the advanced stage of reaching to the striking of defence of the banks in the damage suit filed by him. Those who have filed the damage suits or counter-claims against the banks and WS has been received from the bank. In practically all the cases, the banks submit total and evasive denial and hence the counter-claimant is entitled to discover all the facts which are disputed. In the bank litigations, it is well known that all the material facts are contained in the documents and all the documents are in power and possession of the banks. Hence the machinery of discovery of documents as per the Order 11 of the CPC are to be used. All the defendant borrowers and guarantors must study the said Order and take actions accordingly. If thorough work is done by the defendant borrower and his advocate, one may reach to the stage of Order 11 Rule 21 i.e. striking of of the defence of the banks.
(2) If the above stage is reached, the bank will come running to the defendant borrower and may settle the case within 5% as it is bound to be defeated in the counter-claim.
(3) Another of our clients in Madurai and his advocate understood our guidance that at every date there must be perfection. All the incidental matter must be settled through interim interlocutory applications. If there is any error or mistake in the order of the PO in respect of the said applications, we must file review petitions as well as appeal in DRAT. In all the cases, arguments must be carried out thoroughly and written arguments must be given. If there is any mistake in the review, the case must be submitted for review again. If the PO behaves erratically, case must be initiated for change in court. During such period our damage suit or counter-claim must be filed.
(4) Another of our clients at Bangalore is also following the above procedure and is getting very good results.
(5) In all the bank litigations whether in respect of DRT Act or Securitisation Act, the trial must be conducted thoroughly and better technology like Video Arguments must be employed. All the arguments must be voice recorded and sent to us for our suggestions, guidance and advice.
(6) We have decided to train an expert for Cross-examination of Bankers.
Important Developments in respect of the All India Conference held at Indore
(1) The video recording of 8 hours is under editing and it is contemplated to issue 4 DVDs and 1 CD. The CD will contain 'Introduction & Synopsis of the Conference' as well as 5 minutes each of trailor clips of all the 4 talks and question answer session. Such CD will be quite useful to the new persons who have not attended the conference at all. The DVDs will be indexed with reference to the time clock kept by us in front of the speaker. We hope the said CD and DVDs will be ready within a week.
(2) We have received feedback mails from 15 persons. We also received several phone calls, All have appreciated our conference. The said 15 mails are reproduced in the separate web page on this web site and may be reached by clicking http://www.drtsolutions.com/feedback-mails.htm
Your Suggestions and Questions about this Weekly News Mail
(1) We invite your suggestions and questions about this weekly news mail.
(2) You may inform about this weekly news mail to other needy persons asking them to send us their details such as name, postal address and contact nos through e-mail so that we may include their e-mail ids in our address book.
Thanking you and with best wishes,
DRT Legal Solutions
Attorneys at Law of Torts, Injury and IPR Claims
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Popularity of our web site :- The key word for search of our website is 'drt' or any phrase commencing with 'drt' We are on the top in Google Search for 'drt' among 28,60,000 results globally. In most of the search engines like yahoo, msn, google, excite, altavista, mamma, alexa etc., To verify, you may visit www.yahoo.com, www.msn.com, www.rediff.com, www.indiatimes.com, www.altavista.com, www.google.com, www.excite.com, www.hotbot.com, www.123india.com, www.aol.com, etc. Our reference appears in www.economictimes.com, www.amazon.com, www.financialexpress.com, www.lawcrawler.com, www.findlaw.com, www.law.com, www.supremecourtofindia.com, www.supremecourtonline.com,
(2) We have created a separate web site www.usindolegal.com which deals exclusively with our US joint venture enterprise for activities like BPO, legal BPO, DRT etc. This site has started appearing in the search results of Google, Mamma, Alexa and Yahoo.
Application of Law of Torts in claiming Damages from Municipal Corporations for demolition of structures, closure of shops etc:- In many parts of the country, the Municipal Corporations are demolishing structures like shops and houses which existed for number of years. The shops existing for number of years are proposed to be shut down. The affected persons should claim Damages under the Law of Torts, which would be substantial. It is learnt that in Delhi itself about 5 lac shops are to be closed down and about 25 lac persons would be out of jobs. All these persons should file damage suits in the civil court. Since the damages would be substantial, the suits may be filed as Indigent Persons. Since the damages would attract interest, the usual delay by the civil courts will not affect the final outcome. The affected shop owners may discuss the details with us on phone.
Our Articles for Borrowers and Guarantors:- Our articles on DRT matters have been published in the Financial Express. The All India Manufacturers Organisation in its famous web site www.aimoindia.org has reproduced copies of our four articles. These original articles can be searched in the archive of the Financial Express in its web site www.financialexpress.com Two of these articles have been reproduced in other pages of this web site.
Useful link www.WorldVideoBusiness.com :- WorldVideoBusiness-WVB® is a business to business e-marketplace source of international trade leads, and tender opportunities from companies and government organizations around the globe.
About Us in Brief :- (1) We specialize in DRT (Debt Recovery Tribunal) and NCLT (National Company Law Tribunal) matters. As a whole you may approach us for all DRT Problems and Solutions as well as matters connected with ARCIL i.e. Asset Reconstruction Company (India) Limited, We have a Joint Venture with an America based law firm for various activities like BPO, legal BPO and DRT. The details of the said American firm and the joint venture may be seen at the page - Our US Joint Venture with Anand Ahuja Associates or in www.usindolegal.com (2) For your all problems including those in DRT, please phone us or send e-mail. Please give your contact details along with your problems in brief. As a whole you may approach us for all DRT Problems and Solutions. (2) With our Legal Opinion, you need not worry about the Securitisation Act or other DRT matters or NCLT. Please visit the page Products & Services and Frequently Asked Questions (3) On account of our expertise in the Law of Torts and Banking and experience past 15 years, we can help you to submit suitable defence with winning strategy in DRT cases, Securitisation Act, Guarantors' defence etc. (4) We need only copies of all available documents to render our expert 'Legal Opinion' which will be quite useful and valuable to you particularly in DRT i.e. Debt recovery Tribunal. (5) We have also handled assignments for preparation of damage claims against Electricity Boards, Insurance Companies, Municipal Corporations etc. all on the basis of the Law of Torts. (6) The DRT counterclaims is to be prepared well in advance so that it could be raised at proper time in DRT or other forum to safeguard the securities and assets. (7) Several DRT counterclaims drafted by us are being handled by different advocates at DRT Mumbai, DRT Delhi, DRT Jabalpur etc. Thus DRT advocates are available in these cities. Cases in other Debt Recovery Tribunals are under process. (8) This site is updated monthly mostly on every first Monday of the month or for urgent release on any day with latest material. (9) For further details about us, please visit the page About Us-DRT Solutions As a whole you may approach us for all DRT Problems and Solutions. We hail from the place to which Maharishi Mahesh Yogi and Acharya Rajnish belong and hence this site is dedicated to them.
Our this web site is dedicated to Yoga Rishi Baba Ramdev Ji Maharaj:- Our this web site is respectfully dedicated to Yoga Rishi Baba Ramdev Ji Maharaj whose method of Pranayam has cured even incurable diseases and thus has revolutionized modern medical science. For further details please visit our special page by clicking here Baba Ramdev Ji Maharaj, Yoga Guru, Cure for All Diseases, Medical Science Revolution
Site also dedicated to:- (1) Swami Ramdevji, Acharya Balkishan and their Guru Pradumn Maharaj.
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
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