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A very Happy & Prosperous Diwali - DRT Solutions Special Weekly Mail – 130th Issue dated 5th November ’10

All Weekly mails right from 1st Issue to latest, click links above

(1) Light of Knowledge to kill Ignorance of Darkness – theme of Special Issue of this Weekly Mail 

This happens to be a very special Issue of Weekly Mail due to following reasons:-

(a)    It is being issued from our camp at Chandigarh, far away from Indore

(b)    We are celebrating Diwali for the first time away from our home at Indore.

(c)    This Friday happens to fall on Diwail which is a festival of light. Light represents knowledge. To us and to our clients and their advocates, it represents the knowledge of banking, industry, finance, substantive laws, procedural laws, management & technology in Judicial process and above all health. Darkness i.e. ignorance brings sufferings and breeds exploitation and corruption. Its Mahabharat i.e. fight against the tyranny of bueauracracy spread in banking and judiciary.

(d)    We wish all the readers of this weekly mail and their families a very very happy and prosperous Diwali and a New Year. We shall meet some of them during the DRT Conference to be held on 8th and 9th January 2010.

(e)    We have devoted this issue of weekly mail to modern management and technology in court rooms. When a 80 years veteran person like Mr. Satya Pal can start working on computer and internet within a week, why we can not force our advocate and judges to use these devices. When they are using latest mobiles, latest cars and enjoy latest movies in the multiplex theatres, why not use the latest technology in court rooms?

(2) Advantages of e-filing in Courts 

As informed in our previous weekly mail that we helped Mr. Satya Pal Anand to prepare special PIL against 6 Chief Justices of Supreme Court of India on computer and e-file the same. We observed the following advantages:-

(a)    The entire PIL, Annexures and Applications were filed within 5 minutes and the expenditure was only Rs. 350=00. Tremendous saving of time i.e. first an advocate has to travel from Indore to Delhi or send the same to some Advocate on Record in Delhi, both entailing substantial expenditure and above all huge wastage of valuable time. On 07.10.10 we filed it from our laptop in our home within 5 minutes and the expenses were on Rs. 350=00

(b)    We received an e-mail on 21.10.10 from the filing counter of the Supreme Court pointing out certain defects and deficiencies. In fact most of them were due to ignorance of the filing counter about the PIL which they were treating them as a regular writ. We removed all the defects and took advantage of the occasion to improve the complete PIL and refiled the same on 2nd November within 5 minutes and the expenditure of Rs. 486=00 only.

(c)    We did not have to travel any where. We did not have to face the staff of the filing counter. System works round the clock and all the days without any timings and holidays. The avoidance of personal contacts  saves incidence of humiliation, exploitation and corruption for petty matter of filing papers.

(d)    One can get the certified copies of the orders by sending amount by Money Order.

(e)    Looking to such wonderful experience, Mr. Satya Pal Anand prepared a PIL and tiled the same on 23rd Oct at MP High Court Jabalpur. The said PIL has been admitted. Mr. Satya Pal Anand in the said PIL has highlighted the advantages of e-filing towards easy and cheap justice. He desires earliest possible implementation in all High Courts.

DRT Solutions Weekly Mail – 129th Issue dated 29th October ’10

(1) Andhra Pradesh High Court admits the Writ concerning transfer of DRTs from Ministry of Finance to Ministry of Law  

(1) Dr. C. Suresh, one of our clients from Vijayawada and founder Borrowers Rights Forum informed that the writ filed by him has been admitted Andhra Pradesh High Court Hyderabad. Accordingly notices have been issued to all the respondents. Contact details of Dr. Suresh and copy of the writ may be obtained from us.

(2) The borrowers in various High Courts may file such writs in their States and inform us for wider news coverage.

(3) Few of our clients at Indore are also contemplating to file such writ in Madhya Pradesh High Court at Jabalpur.

(2) Update on 2nd All India DRT Conference at Indore on 8th and 9th Jan ’11 – only few seats left 

(a) Dr. Anil Gupta, MBBS from Asansol has remitted the Registration Charges to attend the conference. He has been in correspondence with us for several years and once he visited us at Indore. He is fighting his case in various courts. Accordingly he has picked up good legal knowledge which is being appreciated by the advocates and judges. 

(b) Mr. Jivan Lal (age 75 years), one of our clients who has filed damages against a bank after fighting a legal battle for 21 years has informed that he would attend the conference.

(c) Mr. Laddha from Indore informed that he would attend the Conference. He has been fighting his legal case and got his property back from the clutches of the bank. He attended the last Conference in May '08.

(c) Mr. Kirttee Khaitan one of our clients from Mumbai has remitted the Registration Charges to attend the conference. He is a dynamic young entrepreneur and he is fighting his legal battle with commendable enthusiasm.

(d) It is informed  that now only few seats are left and the Registration may close much ahead of the last date of 30.11.10. As soon as the capacity of the Hall is full, we will have to close the Registration. Hence those who are really interested to attend the Conference should get themselves registered as early as possible. The details may be seen vide link http://www.drtsolutions.com/Conf-2010.htm   

DRT Solutions Weekly Mail – 128th Issue dated 22nd October ’10

 

 
(1) Suspension of PO DRT Bangalore

 

On this matter one of our clients from Bangalore has communicated as under vide his mail dated 18.10.10:-

“PO DRT Bangalore has been suspended by the finance ministry because, of late, in Securitzation Applications, he has started giving stay orders and bank complained about this to finance ministry, so he has been suspended. he has gone to High Court to get the stay on his suspension.

In this connection, the next item and our comments therein are quite relevant.

 

(2) Association of Borrowers is moving SC for transfer of Controlling Ministry on DRTs from Finance to Ministry of Law

 

One of our clients from Vijayawada has informed that ‘Borrowers Rights Forum’ has finalized a writ petition to be filed in SC to transfer the control of DRTs from Ministry of Finance to Ministry of Law. He has requested that maximum number of borrowers should join the said Petition.

The interested persons may send mail to us to have the contacts of the said client.

Further the interested persons may talk to us to understand the benefits of joining of the said writ petition.

 

Our Comments

(a)    The DRTs were constituted in 1993 based on Tiwari Committee report published by the RBI in 1984. In the said Report at page 77, it is mentioned that-

“These Tribunals should be manned by persons having specialized knowledge in the functioning of banks, financial institutions and industry.”

Till date even after 17 years of the constitution of the said DRTs, no arrangement has been made by the Govt to impart required training to the Judges and Advocates of the DRTs in the specialized fields of banking, industry and finance and it is not known as to when the Govt will initiate actions to impart the required training. Till such time, not only the Justice Delivery Process will seriously suffer affecting the litigants borrowers, the trials will take much more time compared with the civil courts resulting into multiple reviews, appeals etc. on account of poor knowledge of the officers of the courts.

(b)    Despite the law laid down by the Supreme Court that the Tribunals should not be under the parent Ministry, the legislature under the influence of the said parent Ministry continues such illegal practice. Hence the above move by our client and the association has been long due and should be welcomed and appreciated by one and all.

(c)    Despite 60 years of existence of our Constitution, still we have not come out of the hangover and legacy of British. The separation of powers and independence of Judiciary has not yet been achieved. The suspension of the PO Bangalore is a glaring example due to control of DRTs being under the parent Ministry of Finance.

(d)    Transfer of control to Ministry of Law will not solve the problem fully as may be seen from the experience in England described below.

(e)    In England, the Tribunals were formed in 1800. It took nearly 150 years to solve the problems of the said Tribunals. Finally in 1957, at the instance of Franks Committee the supervision and control of the Tribunals was assigned to a Body having prominent citizens from various disciplines.

(f)      We are very far off from such control by the Public on the Judiciary.

(g)    Till such time, we must continue to pay attention to proper pleadings and perfect trials on each date. Since the officers of the court, i.e. the Judges and the Advocates have not been trained in banking, industry and Finance, the litigant Borrowers will have to take lead in guiding the said officers of the Court.

(h)    In view of above, the said writ is in right direction.

(i)      Bank and the Borrower are two distinct parties. In democratic setup like ours, both are equal in eyes of law. That is why we have been insisting to implead the Chairman as one of the necessary parties.

(j)      The judge i.e. the PO will be called as Judge only when he is impartial and unbiased to both the parties. The moment he favours any party, he is not a Judge and he should be treated as violating the law.

(k)    The above is a good beginning. All borrowers and their Advocates should be alert and vigilant so that above is not repeated in their areas.  

(l)      It is needless to mention that as laid down by the Supreme Court in 1982 AIR (SC) 149, S.P. Gupta vs Union of India, the Judges should be creative, positive and sensitive. They should be specially considerate towards the weaker party. Borrower is too small compared with Mighty Banks and more so when  he is having financial problems. Instead of helping, the banks are only after recovery by hook or crook. There is countrywide uproar particularly from small borrowers who are large in numbers. The Govt is under pressure to bring about a  law to protect such borrowers on similar lines that in USA where lender liability enactment protect such borrowers.  

DRT Solutions Weekly Mail – 127th Issue dated 15th October ’10

 

 
(1) PO DRT Bangalore suspended as he was found favoring banks.

 

It has been informed by one of our clients from Bangalore that PO DRT Bangalore has been suspended on account of several complaints against him that he was very much  favouring the banks.

Our Comments

(a)    It has been rampant with all most all the DRTs that the POs are favoring the banks. Some of the litigants and advocates as in Bangalore have been quite vigilant and alert and they put the matter in writing before the PO as well as the High Court. When such complaints became numerous there was no option for the High Court to suspend the said PO.

(b)    Bank and the Borrower are two distinct parties. In democratic setup like ours, both are equal in eyes of law. That is why we have been insisting to implead the Chairman as one of the necessary parties.

(c)    The judge i.e. the PO will be called as Judge only when he is impartial and unbiased to both the parties. The moment he favours any party, he is not a Judge and he should be treated as violating the law.

(d)    The above is a good beginning. All borrowers and their Advocates should be alert and vigilant so that above is not repeated in their areas.  

(e)    It is needless to mention that as laid down by the Supreme Court in 1982 AIR (SC) 149, S.P. Gupta vs Union of India, the Judges should be creative, positive and sensitive. They should be specially considerate towards the weaker party. Borrower is too small compared with Mighty Banks and more so when  he is having financial problems. Instead of helping, the banks are only after recovery by hook or crook. There is countrywide uproar particularly from small borrowers who are large in numbers. The Govt is under pressure to bring about a  law to protect such borrowers on similar lines that in USA where lender liability enactment protect such borrowers.   

(2) Judges not having Computer knowledge will not be appointed – verdict of the Supreme Court.

 

The Supreme Court has said vide news item published in Dainik Bhaskar, Indore issue dated 11.10.10 at Page 16 that for being appointed as Judge, legal knowledge only is not sufficient. One should have practical working knowledge of computer. Appeal filed by one Mr. Vijendra Kumar Varma vs Uttrakhand Public Service Commission was dismissed as the said Mr. Varma was not appointed as Judge as he was not found having working knowledge of computer. Since e-governance was being implemented in all courts in the country, such persons who are not conversant with computer working will not be suited as Judges.

Our Comments

(a)    The above is a good development. We have been emphasizing that instead of increasing the number of judges, first effort should be made to train the Judges and Advocates in modern computer and internet technology. It is just like increasing the number of bullock carts, better vehicles like automotive and airplanes should be used  we want more speed of disposal.

(b)    In USA and Australia, computer working was introduced in courts as back as 1974. Our Chief Justices spent crores in visiting these cours along with their wives but as said by Justice Krishna Iyer we are still 200 years back compared with developed countries. The reasons are obvious that our attention was somewhere else particularly when 8 Chief Justices of India were alleged as corrupt. Had we been serious actions would have been taken quite long back when pendency was few lacs but it was allowed to be increased every year and now after 60 years it is more than 3 crore cases pending. It will continue to increase as Chief Justice of Andhra Pradesh has said that it will take 320 years to clear the pendency. Hence the remedy is only earliest possible use of latest technology and management by the Judges and Advocates.

(c)    We have developed many good tools and demonstrated before the Judiciary since 2007 but instead of showing any interest, they have been opposing it.

(d)    Now in PIL filed in Supreme Court on 5.10.10 in the matter of Corrupt CJI, we have specifically requested the Supreme Court to video record the complete proceedings so that the same is shown to public at large.

(e)    We are confident that the day is not far when our courts will pick up the most modern technology.

DRT Solutions Weekly Mail – 126th Issue dated 8th October ’10

(1) Our Technical Help in preparing and e-filing of PIL Writ Petition relating to corrupt CJIs, drafted by Mr Satya Pal Anand 

The following ‘Breaking News’ was published on our web site and the same was circulated to all the recipients of the weekly mail:- 

Breaking News

Indore – 6-10-10  4 PM

Sub:- News Release to Print and Electronic Media on filing of PIL in SC on 5-10-10  

Mr. Satya Pal Anand, a well known authority on PIL and two more Senior Citizens of Indore have filed on 5-10-10 in Supreme Court a PIL on corrupt judges about whom Mr. Shanti Bhusan ex-Law Minister has already filed an affidavit in Supreme Court. Copy of the PIL may be obtained on e-mail from ramkishandrt@gmail.com This news was provided to the media on 6-10-10 at 4 PM by Mr. Satya Pal Anand & Mr. Ram Kishan, two of the Petitioners.

Further Progress

(1)    The said PIL Writ Petition was e-filed in the Supreme Court on 05.10.10 at 9:30 PM. Perhaps it is the first such e-filing from Indore. During the course of e-filing, the Sl No allotted was 18144. The Registry of the Supreme Court, in its e-mail dated 07.10.10 12:22 noon, informed that the said petition has been allotted Diary No as 31960/2010. Further intimation is awaited.

(2)    The above news was widely publicized through print and electronic media .Local TV channels and daily news papers of Indore prominently covered the same.

(3)    The said news was also provided to PTI, UNI as well as the national dailies.

(4)    The copy of the said PIL was provided to several persons who specifically approached us through e-mail.    

(2) Who is Mr. Satya Pal Anand ? 

At present at age of 80, Mr. Satya Pal Anand, 120 Jaora Compound, Indore is as active as any young person. His complete time is devoted to legal studies and arguments in courts. During past 40 years, he has filed and argued thousands of PILs in various courts, High Courts and Supreme Court. He regards this work as his ‘POOJA’

When we found him typing with single fingure on a type writer, we could not resist providing and introducing him to modern technology. We illustrated him the use of internet and application of computer in judicial process including video arguments. He showed his immediate interest. Entire PIL was prepared on computer and the same was e-filed. The process and media interactions were  video recorded. In two days time, Mr. Anand started using computer for preparing his new PIL which deals with commencing e-filing in High Courts just like in Supreme Court.

There are numerous references to Mr. Satya Pal Anand on the internet, two of which are reproduced below :-

http://indoreheartofindia.blogspot.com/2009/08/can-we-do-with-only-one-satyapal-anand.html  

Saturday, August 1, 2009

Can we do with only one Satyapal Anand  

We have many people whining about conditions in Indore but this is the only gentleman who appears to be doing something concrete. At the height of water crisis in summer when councillors aka parshad were busy scoring political points and municipal officials minting money, he was the man who went to high court for proper plan of tackling crisis.Be it traffic issues, sanitation, stray cattle, tree cutting by IMC, strike by doctors he is effectively using the tool of PIL to at least highlight issues and wake officials from their slumber.Why do not we have more such people may be retired public servants and out of favor politicians who know the system better can serve people at least now if they did not when they were in positions which mattered. 

arohan 

http://www.acpp.org/uappeals/uaupdate/2004/up04100809.html  

31 January 2005

The Bombay High Court had taken the situation of debt ridden farmers into public interest litigation (PIL). Chief Justice of the Bombay High Court had converted the case into a PIL, upon receiving the letter from two petitioners: Mr. Satya Pal Anand, an Indore based farmer, and Mr. VB Karmarkar, a retired government officer.

Chief Justice D S Bhandari and Justice Dhananjay Chandrachud of the Bombay High Court directed the district judges of Jalna, Pharbani and Bheed, where the deaths have mainly occurred, to gather facts about the reasons that drove the farmers to suicide. The court also directed the Maharashtra Chief Secretary to file an affidavit of the situation by 11 January when the matter was scheduled to be heard again.

Petitioner, Mr. Anand, argues that the occurrence of 265 deaths is a violation of Articles 21 and 14 of the Constitution which grant protection to life through reasonable, fair and just action by the state and central government.

Owing to the widespread farmers suicide in late 2004, Hotline Asia had issued UA041008(9) to request the central government to take immediate action to prevent the situation from worsening.

Sources:
Local Source

DRT Solutions Weekly Mail – 125th Issue dated 1st October ’10

(1) Dealing with Authorised Officer under Securitisation Act 

It will be better if the dealings are made by the Advocate who will be in a better position to use the legal aspects. The authorised officer will also be serious to attend to the legal notices sent by the advocate. It is needless to mention that copies of such notices are endorsed to the Chairman and Managing Director of the bank and the financial institutions. The contents of the said notices must include all the legal aspects, citations etc. Sush approach is based on the leading SC case of Kripack vide AIR 1970 Supreme Court 150.

(2) Securitisation Act – Remedy against Physical Possession – Caveat for opportunity of Hearing before CMM/DM 

As per Sec 14 of the Securitisation Act, the banks are approaching CMM/DM in absentia of the borrower. Once orders are passed by the said CMM/DM, it becomes very difficult to modify such orders. To prevent such situation, at the first opportunity, caveat must be filed by the borrower so that opportunity is extended for hearing. In this connection the leading SC judgment is Maneka Gandhi vs Union of India (AIR 1978 SC 597) according to which opportunity of hearing has to be extended to the person whose rights are affected even if it is not specifically laid down in the relevant enactment. In this particular case, if the respondent bank approaches the authority mentioned in the Sec 14 of the Act, the said authority is duty bound to hear the caveators.

DRT Solutions Weekly Mail – 124th Issue dated 24th September ’10

 

(1) Half of last 16 Chief Justices of India have been corrupt 

Mr. Shanti Bhusan 85 and his son Mr. Prasant Bhusan 52 both famous Advocates in Delhi have been raising voice past 20 years about the accountability of the judges. Judicial accountability is the latest passion for public good that drives the legendary father-son lawyer duo. They have created a body viz. Campaign for Judicial Accountability and Reform (CJAR), a group of common people whose sense of outrage is driving them into such socially vital pursuit for our democracy. They have submitted their affidavits before the Supreme Court of India where the case of contempt is going on against Mr. Prasant Bhusan. Recently Mr. Shanti Bhusan has submitted an application to the Supreme Court to implead him in the said contempt case. They have submitted to the Court that they are not afraid of the even being jailed for such a worth cause of judicial accountability. Several people are coming forward to be impleaded and being jailed. The corruption in judiciary is rampant from lower level to the highest level. The following extract from the said application of Mr. Shanti Bhusan are materially important:-

(4)    That there was a time when it was almost impossible even to think that a judge of a High court or the Supreme Court could be corrupt. Things have changed drastically during the last 2 or 3 decades during which corruption has been growing in the Indian judiciary. So much so that even a sitting Chief Justice of India had to openly admit that 20% of the judges could be corrupt. Very recently in March 2010 a sitting Chief Justice of a high court openly made a statement. The statement of the sitting chief justice was published by the Times of India in its issue of 6th march 2010 with the headlines, “In our judiciary, anybody can be bought, says Gujarat chief justice”. A copy of the news paper report is being annexed hereto as Annexure A.

(10)                       That corruption by judges is a cognizable offence. The Code of Criminal Procedure requires that whenever an FIR is filed with respect to a cognizable offence, it is the statutory duty of the police to investigate the offence. The police has to collect evidence against the accused and charge-sheet him in a competent court. He would then be tried and punished by being sent to jail. The Supreme Court has however by violating this statutory provision in the CrPC given a direction in its Constitution bench judgement in the Veeraswamy case of 1991 that no FIR would be registered against any judge without the permission of the Chief Justice of India. In not a single case has any such permission ever been granted for the registration of an FIR against any judge after that judgement.

(11)That the result of this direction has been that a total immunity has been given to corrupt judges against their prosecution. No wonder that judicial corruption has increased by leaps and bounds.

(12)That an honest judiciary enjoying public confidence is an imperative for the functioning of a democracy, and it is the duty of every right thinking person to strive to achieve this end.

(13)That unless the level of corruption in the judiciary is exposed and brought in the public domain, the institutions of governance cannot be activated to take effective measures to eliminate this evil.

(14)That it is the common perception that whenever such efforts are made by anyone, the judiciary tries to target him by the use of the power of contempt. It is the reputation of the judge which is his shield against any malicious and false allegations against him. He doesn’t need the power of contempt to protect his reputation and credibility.

(15)That the applicant strongly believes that a responsible citizen should be prepared to undergo any amount of suffering in the pursuit of the noble cause of fighting for a clean judiciary.

(19)That since the applicant is publicly stating that out of the last sixteen Chief Justices of India, eight of them were definitely corrupt, the applicant also needs to be added as a respondent to this contempt petition so that he is also suitably punished for this contempt. The applicant would consider it a great honour to spend time in jail for making an effort to get for the people of India an honest and clean judiciary.”

(2) SC to examine the whole process of declaration of ‘willful defaulter’ by the RBI 

Mr. Sudhir Bindal one of our clients from Indore has sent the following news item published in the 20th Sept issue of the Financial Express Mumbai with the title ‘Banks’ wilful-defaulters list under SC scrutiny’:-

“New Delhi: The practice of RBI allowing banks to publish the names of wilful defaulters has come under the Supreme Court’s scrutiny for its alleged circumvention of the judicial process and legislative supervision.

On a petition by a Nasik-based company, DSL Enterprises Pvt Ltd, the apex court has sought replies from the finance ministry, RBI, Credit Information Bureau India (CIBIL), Bank of Maharashta and Dena Bank as to why they should be allowed to “play havoc with the firm’s social and business standing” by making its name public as a wilful defaulter. The petitioner contended that passing such judgements on the character of a person pre-eminently falls within the domain of the legislature as it involves one’s fundamental right to good reputation and challenged RBI’s giving such powers to itself.

In 2004, RBI authorised CIBIL to publish a list of defaulters of Rs 1 crore and above and also give out details of wilful defaulters of Rs 25 lakh and above against whom suits have been filed. The measure that followed the 2002 scheme that defined ‘wilful defaulters’ and terms like ‘diversion of funds’ and ‘siphoning of funds,’ was aimed at exerting moral pressure on the defaulter.

Under the securitisation ordinance, banks have the right to acquire assets of wilful defaulters. RBI later expanded the definition of wilful defaulters by including companies that try to dispose of mortgaged properties without the knowledge of the lenders. In July this year, RBI issued a master circular combining all its instructions and directions in this regard, with a view to making available credit information pertaining to willful defaulters to banks and blocking further bank finance to these firms.

DSL has challenged the legality and validity of various RBI circulars and certain provisions of the Companies (Regulation) Act 2005 that allow the banks to declare the names of defaulters on the CIBIL website. “These draconian powers given by RBI to the banks play with a person’s fundamental right to the good reputation,” the firm alleged, adding that there is an implied duty of utmost care imposed on a banker before disclosing the credit assessment of its constituents.

The SC directive to the government and RBI to respond to the DSL’s petition comes at a time the central bank is already faced with attempts construed to impinge on its autonomy. The RBI, the country’s monetary authority and banking regulator, has voiced concern over the new statutory.”

DRT Solutions Weekly Mail – 123rd Issue dated 17th September ’10

(1) Wrong doings by the Banks may soon be caught in the Act - RBI-constituted panel proposes new law to make banks more accountable 

Mr. Rajesh Jain, one of our clients from Ludhiana has mailed the following news item which appeared at page 14 in the Economic Times, Mumbai issue dated 13th Sept ’10:-

“Small and individual borrowers will soon have greater rights. A team of senior bankers, set up by the Reserve Bank of India, has recommended a new law that will make banks more accountable and give greater protection to consumers of financial services.

The proposed law, which has the backing of the regulator as well as the government, will lay down the rights and obligation of the lenders. “The committee has proposed that there is a need for a specific law to cover consumers of financial services, something that exists in developed markets like the US and the UK. In India, we don’t have a specific law for that purpose,” a top banker familiar with the development told ET.

The need for such a legislation has been repeatedly felt because aggrieved customers often find themselves with very few options. Either, they can approach the banking ombudsman, whose legal powers are limited, or resort to Consumer Protection Act that was primarily designed to address grievances against manufacturing and non-financial services. Even the Banking Codes and Standards Board of India, that was formed in 2003 to provide a framework for a minimum standard of banking services, which individual customers can legitimately expect, has no legal backing for enforcing a rule or penalising a borrower.

Similarly, the Fair Practices Code for Lenders is seen as ineffective as it does not give any comfort to retail borrows; it mainly covers loans below `2 lakh and does not have legislative support. “I have my doubts if the Fair Practice Code is followed in true spirit since there is no legal obligation on lenders. In fact, the Right to Information Act is far more effective because it is legally binding on us and borrowers are actively using it to know the status of the loan,” said the chairman of a large commercial bank.

In many developed markets, lenders are required to inform borrowers ‘all inclusive charges’ like processing charges, legal charges, interest rates so that they can take informed decisions. According to MR Umarji, legal advisor for Indian Banks Association, “It is better to lay down rights and obligation of lenders so that there is no ambiguity on either side.” For instance, Truth In Lending Act and Fair Debt Collection Act in the US and Consumer Credit Act in the UK were framed to protect retail consumers of financial services. The proposed law will cover only small and retail customers while big borrowers will have to fend for themselves, said a source, adding that the committee’s focus is retail and small customers.

In 2002, the government passed the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), which allowed banks to enforce security without going to court. However, it was felt that a similar obligation should be on lenders which caused the finance ministry to consider a Lenders Liability Act. But the biggest fear at that time among bankers was that borrowers will misuse a Lenders Liability law to delay loan repayment. But borrowers who failed to pay the dues on time had complained that this was because of inadequate funding from banks.

However, some banks are making an effort to empower customers. For instance, Punjab National Bank plans to incorporate a system, wherein borrowers would be in a position to track their loans online. “The idea is to enforce customers and bring more efficiency in the system,” said PNB chairman and managing director KR Kamath.

As of now, only bank officials are able to track the status of the loan but soon customers will be provided an identity to track their loan proposal online.

Our Comments

(a)     Consequent on enactment of Securitisation Act 2002, some of the bankers have been misusing the provisions relating to taking over the secured assets without intervention of the courts. Small borrowers neither had knowledge nor resources to indulge in legal fights with the mighty banks.

(b)    The corrupt bank officials in collusion with the real estate players took advantage of the above weakness of the small borrowers. As a result there has been a country wide scandal in disposal of secured assets at throwaway prices. The huge number of complaints have forced the Govt to ask RBI to create the enactment mentioned in above news item.

(c)     In most of the cases, the banks are committing numerous wrong doings, the adjudication of the same was taking considerable time in civil courts. Consequent on formation of DRTs, the said wrong doings are coming to notice at much earlier moment of time.

(d)    The above enactment will help the individual and small borrowers and complaints and scandal as above will minimize.

(e)     The above will also be helpful to competent and resourceful borrowers as the equitable considerations will validate their legal defence.

(f)      Still we reiterate that the best recovery is out of the cash generation of the business rather than the securities. In the difficult period, the bankers should help to revive, rehabilitate the business so that expenses including the interest on loan as well as the payment of instalments are met with out of the cash generation and then in that eventualities forced and oppressive recovery actions like Securitisation Act are not invoked. If such approach is not followed by the bankers, the borrowers will have no option but to defend themselves with counterclaims and damages with strict enforcement of legal procedures based on principles of natural justice and provisions of Constitution of India. As a result the wrong doings of the bank will again not only be exposed, recovery will be extremely difficult. 

(2) Appointment of PO in DRT Mumbai legally questioned 

One of our clients in Mumbai has raised a very important point about the appointment of the PO in Mumbai DRT. The said PO surrendered his ‘Sanad’ and joined Govt. service. His Govt service was wrongly counted towards his experience as an advocate and on this basis he was appointed as PO taking his such experience more than 7 years which is required for considering him fit for appointment as District Judge. Even the Bombay High Court has decided against the contention of our client for which Review is being filed. In case Review is not successful, the case will definitely be won in the Supreme Court.

If above or similar facts exist in respect of other POs, the matter may be raised legally questioning the validity of their appointments. If such information is not available, the same may be obtained by invoking RTI Act.

DRT Solutions Weekly Mail – 122nd Issue dated 10th September ’10

(1) Effect of our guidance and advice to our clients 

The following mail from Mr. Sundararajan, one of our clients from Madurai is self explanatory:- 

From: gurumira@yahoo.com

To: ramkishandrt@gmail.com

Subject: From Sundararajan -  Advice in DRT helped in Criminal case

Sent: Sat 04-09-2010 19:45 

Dear Mr. Ram Kishan ji, 

Kindly accept my ‘Heartfelt’ thanks. 

The Criminal Case is in Trial and I am the PW-1 for marking voluminous evidence of 10 years financial records of two companies between 1983 and 1995. It is highly technical with accounts data in which there is misappropriation. 

I am 65 years old and I have to recollect and produce the statement before the court to understand.  

I swear any professional lawyer could not train me like you how to perform in witness stand for specific cogent statement since it is sophisticate in nature. There are about 3000 Pages of documents and Ledgers. 

Your tireless frequent guidance over phone and mails even late hours for the past four years  related to clarification and doubts of my DRT Case fetches me good response from Bank for attractive OTS.  

Your meticulous and valuable specific advice stage by stage trained me in ‘Marking of Documents’, Cross examination, Law of Evidence, Review, Reopen and most importantly how to establish and deal in Trial Court for my case in DRT. 

The above knowledge I acquired from you is most valuable and this helps me now to face in Trial Court of Criminal Case on 10.08.2010 and today.  

When I was in the witness stand I was nervous since I am in first time. I have the fear how to start and how to link the ‘prima fascia’ documents as ‘Marking of Documents’ and what to state and what should not be stated which will be an admission to the favour of the opponent. You also reiterated that the client should know thoroughly the case history and the Lawyer is only instrument. 

You have shaped me in all corners and it helped me at this stage. I have given the profile how I was inducted in the company on 10.08.2010 and my fear evaporated. I understood the Defence counsel though senior is not competent. 

I am sorry to inform you that my senior lawyers to whom I have contact for the past 15 years slipped how to train me during Trial. They know the case history. At this stage your contact for the past four years helped me. Your version is true that every Defendant/Petitioner should equip themselves about their case. I did so and I faced the Trial with confidence. 

Most difficult part is misappropriation with technical data of 10 years history. By applying your line of thought and experience that I acquired I carefully handled cogently to mark the documents of evidence which is not in opponent favour. The Defence Counsel objected while the judge permitted me to peruse and state and accordingly. He told there is Supreme Court citation that it should not be permitted to see the documents to be marked by PW-1. The judge overruled and he was sad.  

This is because of your proper guidance and care to your clients. 

Thank you once again. 

Sundararajan 

Our Comments 

(1)    We believe in empowering our clients with legal fundamentals relating to trial courts. In turn they interact with their advocates.

(2)    With passage of time, our clients start studying the legal books, digests and court judgments. We encourage them to contact us whenever they have any problem.

(3)    The above requires hard work and sincere efforts on part the client. It is not possible for the employees of the client or their advocates.

(4)    It is needless to mention that the stake of the client is the highest and if he and he alone is interested, he can achieve success in bank litigations as in above case.

(5)    Normal advocates are neither sparing their time to interact with their clients nor believe in empowering them as they are extremely busy but our approach and concepts are different. If we find the client is really hard working and sincere himself, the interactions will benefit himself, ourselves and entire society. 

(2) Proposed 2nd All India DRT Conference at Indore on 25th and 26th December 2010 

(1)    We are overwhelmed by the tremendous response to the Conference. We have created a separate web page on our web site to record the progress vide link http://www.drtsolutions.com/Conf-2010.htm

(2)    The above page contains 10 updates since 27.08.10 which contain various details of the conference.

(3)    In fact we have initiated a mini conference through e-mails right away by interactions with the participants to evolve the content of the said Conference.

(4)    Please feel free to express yourself on the topics, questions and queries so that the speakers come out with detailed answers much in advance.

(5)    Complete material will be progressively published. The complete proceedings will be video and audio recorded. Same will also be transcripted. Such audio, video and written records will be provided to the participants.

(6)    The topics in this conference are (a) Counter-claim and Damages;  (b) Defence against Securitisation Act;  (c) DRT Court Craft;  (d) Review; (e) Bank Documents; (f) Ensuring Proper Court Orders and Judgments: and (g) Application and Analysis of Important Supreme Court Judgments etc.

(7)    Please feel free to attend the conference. If you are not attending the conference, please feel free to right your views through e-mails. We shall include your queries and questions in the deliberations. While the DVDs and written records will be sent to the participants free of costs, the same will be available to others at nominal costs.

(8)    We intend to hold such conferences at Indore every two years. It is just like a ‘Kumbh Mela’ for all connected persons involved in the defence of borrowers and guarantors. The interactions are like ‘Samudra Manthan’ which will give rise to many products in the sphere of business, industry, finance and judiciary commencing with our country and then spreading to other countries. 

DRT Solutions Weekly Mail – 121st Issue dated 3rd September ’10

(1) Proposed DRT Conference at Indore on 25th and 26th December 2010   

We are pleased to announce that there is tremendous response to the proposed All India DRT Conference 2010. The day today response is contained in the special page on our web site vide link http://www.drtsolutions.com/Conf-2010.htm The highlights of the response is as under:-

(a)                Many of the persons who attended the Chennai Conference in 2007 and Indore DRT Conference in 2008 are keen to attend the said proposed Conference in Indore on 25th and 26th December 20210. This shows the inherent worth of these Conferences on account of repeat attendance.

(b)                The said repeat interest is that these persons have really been benefited due to the said Conferences and due to continued association with us.

(c)                On our part, we have been emphasizing the importance of perfect pleadings and perfect contest on each date in DRT Trials.

(d)                During the past 2 years i.e. just after the last Conference in May ’08, we commenced the Friday Weekly Mail and not a single weekly mail has been missed by us. The contents of these weekly mails have been greatly appreciated by one and all.

(e)                It is reiterated that DRT is the first and the last TRIAL COURT where the issues of FACTS and issues of LAW are to be adjudicated through the judicial process. However this process is getting distorted by the POs duly influenced by the Bank Advocates. As a result the more the borrowers fight, more the bankers fight. Unfortunately the banks have unlimited resources, the borrowers have limited resources. Many of our clients understood the game. Those who have the requisite resources, they are winning against the banks and those who have limited resources, the fight ends due to limitation of the resources.

(f)                  The battle in High Courts and Supreme Court has different rules of game. The emphasis is mostly on Issues of LAW. Our approach is that first we must win in DRT Trials so that the Banks are put to defence in Higher Courts. So far very few parties have reached to this stage of fight.

(g)                During the above process, there will be LEADING Judgments which will help all the borrowers and guarantors. The process as a whole is highly time consuming, long drawn and expensive. But there is no other alternative in modern democratic society.

(h)                Our Conferences are dealing with all the aspects connected with above.

(i)                  We have commenced feedback with ‘Conference Updates’ Through such updates, the participants will be aware of day to day developments even just before the Conference. As a result they will be fully prepared with the real issues for final interactions during the Conference.

(j)                  On account of above methodology, there is all out efforts to develop the consciousness of the entrepreneurs in the business and industrial community.

(k)                The interested persons are fast spreading our message by forwarding our mails to other borrowers, guarantors and advocates. As a result more and more new persons are getting added to the recipients of the Weekly Mails.

(l)                  In view of above, we continuously face new questions and new issues which we try to find out answers. The two year conferences are like KUMBH Melas where all interested persons meet to share the new knowledge about such interactions.

 

(2) Bhopal : SC to review dilution of charges after 14 years   

This refers to the news item at page 2 of the Economic Times Mumbai issue dated 1st September. Our comments are as under:-

(a)    Normally the limitation for review of any judicial order is 30 days but here the order is going to be reviewed after 14 years.

(b)    This proves that Review is one of the most important process to achieve justice. Further the delay can be condoned to any extent in order to achieve justice.

(c)    We have been emphasizing the importance of Review past several years and now more and more persons will resort to this important remedy.

(d)    The history of Review as well as its development past 150 years is contained in an interesting Full Bench Judgment on a Reference Petition vide citation AIR 1948 Allahabad 353, Behari Lal vs MM Gobardhan Lal

(e)    One of our clients won an important Review case in 1997 when the Court admitted its mistake and reversed the judgment. Since then we have been emphasizing importance of this remedy.

(f)      Since we have covered various aspects of this important topic of Review extensively in various weekly mails, it is not being repeated here.

(g)    If time permits, the proposed Conference will have exclusive presentation on Review.

    

DRT Legal Solutions

 

Attorneys at Law of Torts, Injury and IPR Claims

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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.

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