DRT  Legal  Solutions

(Debts Recovery Tribunal Legal Solutions) is an India based

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

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

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

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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.

(3) Why Oral Arguments in Courts need to be Video Recorded? 

We have been emphasizing the need and importance of video recoding in the court rooms on account of following reasons:-

(a)    The entire judicial process is based on written records by way of pleadings, applications, record of evidences, written arguments and orders of the Court.

(b)    The only lacuna is that there is no exact record of oral arguments, questions asked by the Court and comments made by the Judges. Written arguments is a very poor and incomplete record of exact happenings in the court rooms.

(c)    The practice in US, UK and other developed countries since more than 30 years is that the complete happenings in the court rooms are vide and audio recorded and transcribed word by word. The records are made available on internet for public at large.

(d)    The advantages are that we know as to how the advocate argued the matter. What were the questions asked by the Judge and what were comments made by the Judge and what were the answers given by the advocate? The public has right to know exactly so that we know as to how the advocates and judges are working in the court rooms.

(e)    Such video, audio and transcript will improve the quality of judgments. As a result there will be lesser reviews and appeals. The public will get better quality of judgments right from the lower court.

(f)      We have included all these aspects in the PIL filed in the Supreme Court. We are helping Mr. Satya Pal Anand to proved all technical know how  to implement the system as early as possible.

(g)    Everybody knows that incompetent advocates and corrupt judges will not like the above but competent public particularly that in DRTs i.e. businessmen and industrialists will spearhead to eradicate the monster of in competency and corruption in Court rooms. The drive has a good support from the media as we have found the PIL filed by Mr. Satya Pal Anand received a very good coverage form the print and electronic media as several people in the country sent us mails asking for the copy of the said PIL.

(4) Ten Reasons to Throw out your Microwave Ovens  

Mr. Himanshu Mehta, one of our clients from Mumbai has sent the following important piece:-

From the conclusions of the Swiss, Russian and German scientific clinical
studies, we can no longer ignore the microwave oven sitting in our
kitchens. Based on this research, we will conclude this article with the
following:

1). Continually eating food processed from a microwave oven causes long
term - permanent - brain damage by 'shorting out' electrical impulses in
the brain [de-polarizing or de-magnetizing the brain tissue].

2). The human body cannot metabolize [break down] the unknown by-products
created in microwaved food.

3).. Male and female hormone production is shut down and/or altered by
continually eating microwaved foods.

4). The effects of microwaved food by-products are residual [long term,
permanent] within the human body.

5). Minerals, vitamins, and nutrients of all microwaved food is reduced or
altered so that the human body gets little or no benefit, or the human body
absorbs altered compounds that cannot be broken down.

6). The minerals in vegetables are altered into cancerous free radicals
when cooked in microwave ovens.

7). Microwaved foods cause stomach and intestinal cancerous growths
[tumors]. This may explain the rapidly increased rate of colon cancer in America.

8). The prolonged eating of microwaved foods causes cancerous cells to
increase in human blood.

9). Continual ingestion of microwaved food causes immune system
deficiencies through lymph gland and blood serum alterations.

10). Eating microwaved food causes loss of memory, concentration, emotional
instability, and a decrease of intelligence.

Have you tossed out your microwave oven yet? After you throw out your
microwave, you can use a toaster oven as a replacement. It works well for
most and is nearly as quick. The use of artificial microwave transmissions
for subliminal psychological control, a.k.a. 'brainwashing', has also been
proven. We're attempting to obtain copies of the 1970's Russian research
documents and results written by Drs. Luria and Perov specifying their
clinical experiments in this area.

(5) Our Weekly Mails in form of a Printed Book:-

As informed we have received huge demand for a printed version of our weekly mails. Hence it has been decided to bring about a book with comprehensive commentary, good index along with a CD for easy search. We have started receiving enquiry and suggestions from the readers of our weekly mails as well as from the visitors of our web site.

Our Weekly Mails and DVDs are DRT Legal Guide and gold mine of practical information for the borrowers and guarantors - The mail recipient particularly Borrowers and Guarantors will be immensely benefited by our weekly mails and DVDs, all previous issues of weekly mails from 1st one till the last one may be viewed by clicking the links given at the top. Separate web pages have been created to contain these mails in batches of 10 so that pages open up fast. These mails are gold mine of information on current topics giving lot of practical suggestions and ill comments. Any new recipient to these mails must go through all the weekly mails right from the issue no 1 to the latest. If possible please spread the reference of our web site and the weekly mail among the persons, borrowers and guarantors who are the bank victims. If anyone desires to get these mails regularly, he may write to us for inclusion of his e-mail ID in the regular mailing list. The weekly mail is issued on every Friday morning 6 AM. The particular issue of the weekly mail is first published on the web site and then mailed to borrowers, guarantors and their advocates in the country. We are getting huge no of mails appreciating our weekly mails.  We welcome suggestions.

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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   

(3) Next Issue of Weekly Mail may be published on 12th Oct ’10 instead of 5th Oct ‘10  

Mr. Ram Kishan will be out of Indore from 2nd to 9th Nov ’10. Hence the next issue of weekly mail dated 5th Nov. ’10 may not be published.

(4) Misunderstanding of Heart Disease : A MUST READ  

Mr. Himanshu Mehta, one of our clients from Mumbai has sent the following important piece by a highly experienced American Heart Surgeon:-

Bring out the butter, ham, sausages, saag with desi ghee etc. lets binge while this study stays in place.
 

At long last – science appears to have come a full cycle!

No doubt use of products rich in these have been propagated for use in various societies. Inuit, an Eskimo tribe living in Greenland were studied and found to be not suffering from any of the diseases more prevalent in their neighbourhood namely, Europe, USA and Canada. Omega -3 unsaturated fatty acids are excellent for growth of brain, eyes and nervous system, as also building up body immunity against many diseases considered dangerous to life. These are cardiovascular diseases, certain forms of cancer and are essentially anti- inflammatory.  These are also excellent for stimulating the blood circulation – thus avoiding problems of varicose vein; reduce BP and triglyceride levels and risk of heart failures; improve blood clotting. They also assist in asthma, rheumatoid and bronchitis cases.

Best sources are wild (not farmed) salmon, green/ grass and insect fed chicken (include their eggs too), lamb and beef; linseed, walnuts and butter nuts among certain other items. Grass fed cow’s milk is also good.

 

There you are ! ! !

 

Guys, here goes another brand new theory that will knock your brains off -  Butter, eggs cream ghee, here I come!

Without inflammation, cholesterol won't accumulate in blood vessel walls and cause heart disease 

Heart Surgeon Admits Huge Mistake!

By Dwight Lundell, MD


 

We physicians with all our training, knowledge and authority often acquire a rather large ego that tends to make it difficult to admit we are wrong. So, here it is.  I freely admit to being wrong..  As a heart surgeon with 25 years experience, having performed over 5,000 open-heart surgeries,today is my day to right the wrong with medical and scientific fact.



I trained for many years with other prominent physicians labelled “opinion makers.” Bombarded with scientific literature, continually attending education seminars, we opinion makers insisted heart disease resulted from the simple fact of elevated blood cholesterol.

The only accepted therapy was prescribing medications to lower cholesterol and a diet that severely restricted fat intake.  The latter of course we insisted would lower cholesterol and heart disease.  Deviations from these Recommendations were considered heresy and could quite possibly result in malpractice.

It Is Not Working!

These recommendations are no longer scientifically or morally defensible. The discovery a few years ago that inflammation in the artery wall is the real cause of heart disease is slowly leading to a paradigm shift in how heart disease and other chronic ailments will be treated.

The long-established dietary recommendations have created epidemics of obesity and diabetes, the consequences of which dwarf any historical plague in terms of mortality, human suffering and dire economic consequences.

Despite the fact that 25% of the population takes expensive statin medications and despite the fact we have reduced the fat content of our diets, more Americans will die this year of heart disease than ever before.

Statistics from the American Heart Association show that 75 million Americans currently suffer from heart disease, 20 million have diabetes and 57 million have pre-diabetes. These disorders are affecting younger and younger people in greater numbers every year.

Despite the fact that 25% of the population takes expensive statin medications and despite the fact we have reduced the fat content of our diets, more Americans will die this year of heart disease than ever before.

Statistics from the American Heart Association show that 75 million Americans currently suffer from heart disease, 20 million have diabetes and 57 million have pre-diabetes. These disorders are affecting younger and younger people in greater numbers every year.

Simply stated, without inflammation being present in the body, there is no way that cholesterol would accumulate in the wall of the blood vessel and cause heart disease and strokes.  Without inflammation, cholesterol would move freely throughout the body as nature intended.  It is inflammation that causes cholesterol to become trapped.

Inflammation is not complicated -- it is quite simply your body's natural defence to a foreign invader such as a bacteria, toxin or virus.  The cycle of inflammation is perfect in how it protects your body from these bacterial and viral invaders.  However, if we chronically expose the body to injury by toxins or foods the human body was never designed to process,a condition occurs called chronic inflammation. Chronic inflammation is just as harmful as acute inflammation is beneficial.

What thoughtful person would willfully expose himself repeatedly to foods or other substances that are known to cause injury to the body? Well, smokers perhaps, but at least they made that choice willfully.

The rest of us have simply followed the recommended mainstream diet that is low in fat and high in polyunsaturated fats and carbohydrates, not knowing we were causing repeated injury to our blood vessels. This repeated injury creates chronic inflammation leading to heart disease, Stroke, diabetes and obesity.

Let me repeat that. The injury and inflammation in our blood vessels is caused by the low fat diet recommended for years by mainstream medicine.

What are the biggest culprits of chronic inflammation? Quite simply, they are the Overload of simple, highly processed carbohydrates (sugar, flour and all the products made from them) and the excess consumption of omega-6 vegetable oils like soybean, corn and sunflower that are found in many processed foods.

Take a moment to visualize rubbing a stiff brush repeatedly over soft skin until it becomes quite red and nearly bleeding.  You kept this up! 

Several times a day, every day for five years. If you could tolerate this painful brushing, you would have a bleeding,

body's natural defence to a foreign invader such as a bacteria, toxin or virus.  The cycle of inflammation is perfect in how it protects your body from these bacterial and viral invaders.  However, if we chronically expose the body to injury by toxins or foods the human body was never designed to process,a condition occurs called chronic inflammation. Chronic inflammation is just as harmful as acute inflammation is beneficial.

What thoughtful person would willfully expose himself repeatedly to foods or other substances that are known to cause injury to the body? Well, smokers perhaps, but at least they made that choice willfully.

The rest of us have simply followed the recommended mainstream diet that is low in fat and high in polyunsaturated fats and carbohydrates, not knowing we were causing repeated injury to our blood vessels. This repeated injury creates chronic inflammation leading to heart disease, Stroke, diabetes and obesity.

Let me repeat that. The injury and inflammation in our blood vessels is caused by the low fat diet recommended for years by mainstream medicine.

What are the biggest culprits of chronic inflammation?

Quite simply, they are the Overload of simple, highly processed carbohydrates (sugar, flour and all the products made from them) and the excess consumption of omega-6 vegetable oils like soybean, corn and sunflower that are found in many processed foods.

Take a moment to visualize rubbing a stiff brush repeatedly over soft skin until it becomes quite red and nearly bleeding.  You kept this up! 

Several times a day, every day for five years. If you could tolerate this painful brushing, you would have a bleeding, swollen infected area that became worse with each repeated injury. This is a good way to visualize the

inflammatory process that could be going on in your body right now.

Regardless of where the inflammatory process occurs, externally or internally, it is the same. I have peered inside thousands upon thousands of arteries. A diseased artery looks as if someone took a brush and scrubbed repeatedly against its wall. Several times a day, every day, the foods we eat create small injuries compounding into more injuries, causing the body to respond continuously and appropriately with inflammation.

While we savor the tantalizing taste of a sweet roll, our bodies respond alarmingly as if a foreign invader arrived declaring war. Foods loaded with sugars and simple carbohydrates, or processed with omega-6 oils for long shelf life have been the mainstay of the American diet for six decades. These foods have been Slowly poisoning everyone.

How does eating a simple sweet roll create a cascade of inflammation to make you sick?

Imagine spilling syrup on your keyboard and you have a visual of what occurs inside the cell. When we consume simple carbohydrates such as sugar, blood sugar rises rapidly. In response, your pancreas secretes insulin whose primary purpose is to drive sugar into each cell where it is stored for energy. If the cell is full and does not need glucose, it is rejected to avoid extra sugar gumming up the works.

When your full cells reject the extra glucose, blood sugar rises producing more insulin and the glucose converts to stored fat.

What does all this have to do with inflammation? Blood sugar is controlled in a very narrow range. Extra sugar molecules attach to a variety of proteins that in turn injure the blood vessel wall. This repeated injury to the blood vessel wall sets off inflammation. When you spike your blood Sugar level several times a day, every day, it is exactly like taking Sandpaper to the inside of your delicate blood vessels.

While you may not be able to see it, rest assured it is there. I saw it in over 5,000 surgical patients spanning 25 years who all shared one common denominator — inflammation in their arteries.

Let’s get back to the sweet roll. That innocent looking goody not only contains sugars, it is baked in one of many omega-6 oils such as soybean. Chips and fries are soaked in soybean oil; processed foods are manufactured with omega-6 oils for longer shelf life. While omega-6’s are essential –they are part of every cell membrane controlling what goes in and out of the cell — they must be in the correct balance with omega-3’s.

If the balance shifts by consuming excessive omega-6, the cell membrane produces chemicals called cytokines that directly cause inflammation.

Today’s mainstream American diet has produced an extreme imbalance of these two fats. The ratio of imbalance ranges from 15:1 to as high as 30:1 in favor of omega-6. That’s a tremendous amount of cytokines causing  inflammation. In today’s food environment, a 3:1 ratio would be optimal and healthy.

To make matters worse, the excess weight you are carrying from eating these foods creates overloaded fat cells that pour out large quantities of pro-inflammatory chemicals that add to the injury caused by having high blood sugar. The process that began with a sweet roll turns into a vicious cycle over time that creates heart disease, high blood pressure, diabetes and finally, Alzheimer’s disease, as the inflammatory process continues unabated.

There is no escaping the fact that the more we consume prepared and processed foods, the more we trip the inflammation switch little by little each day. The human body cannot process, nor was it designed to consume, foods packed with sugars and soaked in omega-6 oils.

There is but one answer to quieting inflammation, and that is returning to foods closer to their natural state. To build muscle, eat more protein. Choose carbohydrates that are very complex such as colorful fruits and  vegetables. Cut down on or eliminate inflammation- causing omega-6 fats like corn and soybean oil and the processed foods that are made from them. One tablespoon of corn oil contains 7,280 mg of omega-6; soybean contains 6,940 mg. Instead, use olive oil or butter from grass-fed beef.

Animal fats contain less than 20% omega-6 and are much less likely to cause inflammation than the supposedly healthy oils labelled polyunsaturated. Forget the “science” that has been drummed into your head for decades. The science that saturated fat alone causes heart disease is non-existent. The science that saturated fat raises blood cholesterol is also very weak. Since we now know that cholesterol is not the cause of heart disease, the concern about saturated fat is even more absurd today.

The cholesterol theory led to the no-fat, low-fat recommendations that in turn created the very foods now causing an epidemic of inflammation. 

Mainstream medicine made a terrible mistake when it advised people to avoid saturated fat in favor of foods high in omega-6 fats. We now have an epidemic of arterial inflammation leading to heart disease and other silent killers.

What you can do is choose whole foods your grandmother served and not those your mom turned to as grocery store aisles filled with manufactured foods. By eliminating inflammatory foods and adding essential nutrients from fresh unprocessed food, you will reverse years of damage in your arteries and throughout your body from consuming the typical American diet.

[Ed. Note: Dr. Dwight Lundell is the past Chief of Staff and Chief of Surgery at Banner Heart Hospital, Mesa, AZ. His private practice, Cardiac Care Center was in Mesa, AZ. Recently Dr. Lundell left surgery to focus on the nutritional treatment of heart disease. He is the founder of Healthy Humans Foundation that promotes human health with a focus on helping large corporations promote wellness. He is the author of "The Cure for Heart Disease and The Great Cholesterol Lie"] .

(5) Our Weekly Mails in form of a Printed Book:-

As informed we have received huge demand for a printed version of our weekly mails. Hence it has been decided to bring about a book with comprehensive commentary, good index along with a CD for easy search. We have started receiving enquiry and suggestions from the readers of our weekly mails as well as from the visitors of our web site.

Our Weekly Mails and DVDs are DRT Legal Guide and gold mine of practical information for the borrowers and guarantors - The mail recipient particularly Borrowers and Guarantors will be immensely benefited by our weekly mails and DVDs, all previous issues of weekly mails from 1st one till the last one may be viewed by clicking the links given at the top. Separate web pages have been created to contain these mails in batches of 10 so that pages open up fast. These mails are gold mine of information on current topics giving lot of practical suggestions and ill comments. Any new recipient to these mails must go through all the weekly mails right from the issue no 1 to the latest. If possible please spread the reference of our web site and the weekly mail among the persons, borrowers and guarantors who are the bank victims. If anyone desires to get these mails regularly, he may write to us for inclusion of his e-mail ID in the regular mailing list. The weekly mail is issued on every Friday morning 6 AM. The particular issue of the weekly mail is first published on the web site and then mailed to borrowers, guarantors and their advocates in the country. We are getting huge no of mails appreciating our weekly mails.  We welcome suggestions.

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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.  

(3) Justice hurried is Justice buried – Approach of DRTs in the matter of Securitisation Applications.

 

We are continuously getting complaints from the borrowers and their advocates that the DRTs hurry up their Applications u/s 17 and some how or the other, the cases are decided in favour of banks.. On this topic, we have provided sufficient material in our weekly mails. The concepts and law are reiterated below:-

(a)    DRTs are trial courts where the facts are to be judicially determined in accordance with applicable law and procedure of law. The applicable laws as well as the Procedure of Law are RBI Act 1934, Banking Regulations Act 1949, Principles of Natural Justice, various laws laid down by the Supreme Court, Law of Evidence, Law of Torts, Law of Damages etc. keeping in view the specialized knowledge of banking, industry and Finance.

(b)    As per the Supreme Court, the Securitisation Act is a complete code in itself wherein full remedies have been provided to both the parties.

(c)    On account of various provisions in the Securitisation Act, all the matters relating to the controversy between both the parties are to be adjudicated upon only by DRTs and no other courts.

(d)    As per the law laid down by the Supreme Court in the matter of Mardia Chemicals, the application u/s 17 is akin to a civil suit. Since the creditor is entitled to all and full remedies, the borrower is also entitled for all and full remedies. Hence the borrowers must include in their defence, the loss and damages suffered by theme due to the wrong doings of the banks and financial.

(e)    The parties desiring to have further details or clarifications on above, may discuss the matter with us on phone.

(4) Update on 2nd All India Conference at Indore on 8th and 9th January 2010

 

One of our clients from Mumbai informed that about 10 persons from Mumbai will attend the Conference and most of them are our clients and their advocates. We are according priority to such persons. Looking to the tremendous response, we may have to close the Registration earlier to the final date of 30.11.10 as soon as the capacity of the hall is reached. Hence we again remind the participants to remit their Registration Charges as early as possible to avoid refusal on account of delay.

(5) Mr. Ram Kishan will be in Chandigarh on 3rd and 4th November 2010

 

The persons desirous of interactions may contact us on phone to fix up prior appointment.

(6) Our Weekly Mails in form of a Printed Book:-

As informed we have received huge demand for a printed version of our weekly mails. Hence it has been decided to bring about a book with comprehensive commentary, good index along with a CD for easy search. We have started receiving enquiry and suggestions from the readers of our weekly mails as well as from the visitors of our web site.

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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.

(3) Unconstitutional working of DRTs

 

One of our clients from Vijayawada has raised a very important issue. On behalf of the “Borrowers Rights Forum” a paper advertisement has been issued, the copy of the said advertisement is as under:-

PUBLIC INDORMATION FOR

DEFENDANTS IN DRT

 

Whereas Judicial Tribunals i.e. Hon DRT and Hon DRAT have been established under RDDBFI Act for adjudication of claims by Banks against borrowers, the borrowers are hereby informed that:

1. As presently structured the Judicial Tribunals Hon DRT & DRAT are functioning under the Ministry of Finance, Banking Division which is part of the Executive Branch of Government. for regulation, supervision and financial payments.

2. To separate Executive from Judiciary and to give Judicial Freedom in adjudication the Hon Constitution Bench of Supreme Court of India has held in Madras Bar Association vs. R.Gandhi & Union of India in Civil Appeal 3067/2004 & 3717/2005 Para 56(xiii)….The Administrative support for all Tribunals should be from the Ministry of Law & Justice. Neither the Tribunals nor its members shall seek or be provided with facilities from the respective sponsoring or parent Ministries or concerned Departments.” (emphasized)

3. In contempt of the Hon Supreme Court judgement the Hon DRT & DRAT are still functioning under the supervision & control of Ministry of Finance, Banking Division.

4. The Banking Division officers are Board Directors of Banks who are applicants in the Hon DRT and at the same time they are administrative regulators and paymasters of the said Tribunals in clear violation of separation of Executive and Judiciary.

5. Borrowers who are victims of unfair and unconstitutional supervision and functioning of Hon DRT & DRAT should approach for legal help.

 

Borrowers’ Rights Forum

It is learnt that as a result of above, the DRT Chennai has been asked not to pronounce any judgment for next 2 months.

Our Comments

(a)    It will be better that the borrowers in all DRTs should initiate actions as above.

(b)    It is needless to mention that the POs have been behaving as they have been employed by Ministry of Finance, Banking Div. The said Banking Div. was calling regular meeting of POs. The bank officials were separately meeting with the POs in their champers.

(c)    The POs were liberal with the banks.

(d)    The transfer of the control from Ministry of Finance to Ministry of Law will definitely make the POs more independent.

(4) Our Weekly Mails in form of a Printed Book:-

As informed we have received huge demand for a printed version of our weekly mails. Hence it has been decided to bring about a book with comprehensive commentary, good index along with a CD for easy search. We have started receiving enquiry and suggestions from the readers of our weekly mails as well as from the visitors of our web site.

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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

(3) 10 Smart Phone Etiquette Tips 

The following tips from Yahoo will be quite useful:-

1. If you're on a date at a restaurant (or just having a meal with family, friends, or even alone) put your phone on silent and leave it in your bag. Make a habit of enjoying your meals. It doesn't even last an hour. Plus, you can always return the missed calls, reply to messages or check email once you're done.

2. Travelling by public transport and find it hard to hear what the person on the other end of the line is saying? Instead of shouting your lungs out, annoying fellow passengers and letting everyone in on your conversation, tell the person you'll call back. How hard is that?!

3. In an office meeting, make sure your phone is on silent/ vibrator mode. It's the decent thing to do when your boss is addressing you. If the call is absolutely urgent, excuse yourself for a minute before answering. P.S. Walking up and down the aisles talking loudly (and persuasively) to clients makes us want to take your phone and flush it down you know where.

4. When you are contacting a friend after a long time, do not text. It's most impersonal and conveys you are doing it out of obligation. Pick up the phone and call for heaven's sake!

5. Never carry your cell phone to the restroom. If you do, make sure it stays in your pocket. It's really creepy when you mysteriously hear someone from one of the stalls engage in a full-fledged conversation that you have no desire to eavesdrop on.

6. Always put your phone on silent at a place of worship, hospital, theatre, funeral... you get the drift. If the incoming call is urgent, leave the premises or find a secluded spot to answer it. Talking in such places is plain impolite.

7. Everyone needs to unwind after a long day – a couple of drinks with friends, club-hopping or just a good ol' movie with your spouse. Relax and appreciate the company you are with and don't tweet 'Hving a blast with my gal pals'. Aarghh! If you really are having a good time, you'd be too occupied to go viral about it.

8. Just because you're up all night strategising, doesn't mean you SMS your colleagues at 2am with some brainwave you just had! Reserve that for the next work day or since you are so tech-savvy, send an email.

9. Set your ring tone as per the occasion; that's why your smart phone allows you to select various profiles. That Cuppy Cake ring tone in a board meeting is a strict no-no. Another annoying thing is when you go through the millions of ring tone options or check voice mail in public. We don't want to hear it!

10. When you're waiting your turn at the doctor's, playing games on your phone is a great way to pass time. Just make sure your phone is on silent. It's unfunny when we're made to listen to constant sound effects especially if we're reading a magazine.

(4) Our Weekly Mails in form of a Printed Book:-

As informed we have received huge demand for a printed version of our weekly mails. Hence it has been decided to bring about a book with comprehensive commentary, good index along with a CD for easy search. We have started receiving enquiry and suggestions from the readers of our weekly mails as well as from the visitors of our web site.

Our Weekly Mails and DVDs are DRT Legal Guide and gold mine of practical information for the borrowers and guarantors - The mail recipient particularly Borrowers and Guarantors will be immensely benefited by our weekly mails and DVDs, all previous issues of weekly mails from 1st one till the last one may be viewed by clicking the links given at the top. Separate web pages have been created to contain these mails in batches of 10 so that pages open up fast. These mails are gold mine of information on current topics giving lot of practical suggestions and ill comments. Any new recipient to these mails must go through all the weekly mails right from the issue no 1 to the latest. If possible please spread the reference of our web site and the weekly mail among the persons, borrowers and guarantors who are the bank victims. If anyone desires to get these mails regularly, he may write to us for inclusion of his e-mail ID in the regular mailing list. The weekly mail is issued on every Friday morning 6 AM. The particular issue of the weekly mail is first published on the web site and then mailed to borrowers, guarantors and their advocates in the country. We are getting huge no of mails appreciating our weekly mails.  We welcome suggestions.

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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.

(3) Discovery of Documents in DRT 

We have been emphasizing the importance of discovery of documents. It is all the more crucial in bank litigations. It is observed that banks avoid to present all the documents particularly the appraisal reports, authorizations for initiating legal action, declaration of NPA, coverage of their insurance, audit reports etc. Once thorough pleadings have been made and proper claim for loss and damages has been raised, the relevant documents are absolutely important. Even if the PO declines, the matter should be taken up by way of review and appeal in higher courts. There are several Supreme Court judgments which stipulate that all the documents must be produced by the banks otherwise their defence should be closed. Inexperienced DRT lawyers who don't have any experience of trials do not contest these issues properly and as a result the borrowers suffer. Once the case is lost in DRT, corrections in higher courts is nearly impossible. That is why we have been emphasizing to utilize the services of experienced trial lawyers. Young DRT lawyers who have not worked under experienced trial lawyers will not be able to achieve satisfactory results. 

(4) Update on ‘Half of last 16 Chief Justices of India have been corrupt’ 

The issue is most talked about matter in the legal circles of the country. Mr. Prasant Bhusan has filed another affidavit vide copy of news item reproduced below. This was sent to us by Mr. Sanjay Jain, one of our clients from Nagpur;-

Prashant Bhushan fires second salvo at SC
September 20, 2010 06:06 PM  Moneylife Digital Team

http://www.moneylife.in/article/78/9281.html

Senior Supreme Court lawyer provides details of cases and instances of “corruption” in the higher judiciary

After former law minister Shanti Bhushan has sought to implead himself in the contemption petition filed against his son, Prashant Bhushan for his comments in a magazine interview, the latter has filed a second affidavit in the contempt petition before the Supreme Court of India. This time, he says, "since the order of this court dated 14th July 2010 creates an impression that the court perhaps would only be satisfied if I were to produce evidence in support of the perception that I have voiced, I am constrained to place on record some of the evidence that was in my possession regarding the corruption of several of the former Chief Justices which I have mentioned."

It may be recalled that the contempt petition was filed by Harish Salve, acting as amicus curiae to the Supreme Court, in connection with Prashant Bhushan's claim that "out of the last 16 to 17 Chief Justices, half had been corrupt." Since then, Mr Shanti Bhushan has said that eight of the 16 Supreme Court judges were definitely corrupt and six were definitely honest, while there can be no clear opinion about the remaining two.

Mr Bhushan says, "It is exceedingly difficult to get documentary evidence of corruption in the higher judiciary". He points out that although corruption by judges is a cognisable offence, "even registration of FIRs and a regular criminal investigation has been prohibited against judges by the Supreme Court judgment in the Veeraswami case, without the written permission of the Chief Justice of India." Permission to file an FIR has not been granted even in a single case, leading to total immunity to corrupt judges against prosecution, says Mr Bhushan.

Prashant Bhushan's remarks to the magazine were in connection with the Vedanta case, where he believes that Jusice Kapadia passed "unconscionable orders"; however, he says, that he regards "Justice Kapadia to be a judge of financial integrity". According to Mr Bhushan, he is constrained to file a "more detailed second affidavit because the court chose not to react to his first affidavit, where he mentioned that Harish Salve who has filed this contempt application, styling himself as amicus curiae, had a conflict of interest in the matter himself, having held a retainer from Vedanta."

Mr Bhushan goes on to explain at great length why he considers the Vedanta order unconscionable and says that his stand is borne out by recent findings of the Ministry of Environment & Forests.

He charges that instead of taking various reports about Vedanta's violations, the "court didn't find time to hear the matter till the refinery came to be constructed, in violation of the Forest Conservation Act. The court then proceeded to grant forest clearance for the mining lease, without even hearing the tribals or dealing with the very serious issues raised by its own expert body. Ignoring all the above issues, the court merely said that it needs to balance environment with development and by ordering that 5% of the mining profits should be earmarked for social development, gone on to allow Sterlite, a sister company of Vedanta to set up the refinery and do the mining in this region despite noting that Vedanta must be blacklisted for its record of dishonesty."

Mr Bhushan's narration starts with Chief Justice Ranganath Mishra, who "as a judge of the Supreme Court presided over a Commission of Inquiry on the genocide of Sikhs in 1984. He conducted the inquiry proceedings in a highly biased manner and went on to give a clean chit to the Congress party, despite there being considerable evidence implicating senior leaders of the Congress party. The evidence against the Congress leaders and party has come out in subsequent official inquiry reports as well as in the subsequent CBI investigations. He went on after his retirement to agree to become a Rajya Sabha MP of the Congress party"..

Chief Justice KN Singh who followed Justice Ranganath Mishra, he says, "passed a series of unusually benevolent orders in favour of Jain Exports, and its sister concern Jain Shudh Vanaspati. Several of these were passed during his 18-day tenure as Chief Justice, and many of these cases were ordered to be listed before him by oral mentioning. This became such a talked about scandal in the corridors of the Court that eventually in a hearing on 9th December 1991, the counsel for the Union of India was forced to object to the manner in which the cases came to be listed before Justice KN Singh's bench. All these judgments came to be reviewed and reversed later by a series of subsequent benches, in some of which, the review petitions were heard in open court, in a departure from the normal procedure". The affidavit provides several details about the twists and turns in the Jain case and how they were a "much talked about scandal in the Court, even while he was Chief Justice".

Next, he says, Chief Justice AM Ahmadi who succeeded Justice Venkatachalaiah went on to quash the charge of culpable homicide in the criminal case arising out of the Bhopal Gas leak.  Seven benches were changed during the hearing of this case, the only common judge in all these benches was Justice Ahmadi who was Chief Justice. It is this that "led to such miscarriage of justice, that the Supreme Court has thought it fit to issue notice on a curative petition filed by the CBI even 14 years after that judgment". Justice Ahmadi also "went on to deal with and pass several orders in the Union Carbide case involving the setting up of a hospital from the sale proceeds of Union Carbide India" and releasing Rs187 crore for the construction of the hospital, from the attached funds of Union Carbide". He went on to become the lifetime Chairman of the same hospital trust whose case he had extensively dealt with as Chief Justice.

Next, Bhushan says, "A Supreme Court bench headed by Justice Kuldip Singh had on 10/5/96 passed an order staying all construction within 5km of Badkal and Surajkund Lakes in Faridabad for environmental reasons", yet Justice Ahmadi as Chief Justice, purchased a plot in the same development and went on to construct a palatial house there. He also reviewed all the orders of Justice Kuldip Singh and diluted them with many modifications. He says, "I regard Justice Ahmadi's actions in all this as morally culpable and indeed corrupt. They had become a much talked about scandal in the corridors of the court as well as among judges at that time".

In case of Justice MM Punchhi, he points out that 'the Committee on Judicial Accountability had prepared an impeachment motion which had been signed by more than 25 members of the Rajya Sabha, but did not get the requisite number of signatures since he went on to become Chief Justice of India". Bhushan goes on to outline "six extremely serious charges" that were part of the impeachment motion against the judge. These included the acquittal of KN Tapuria case, dismissal of a writ petition "containing serious allegations of malafides against the then Chief Minister of Haryana Shri Bhajan Lal".

Bhushan says "Justice Punchhi was succeeded by Dr AS Anand who too enjoyed a very controversial tenure as Chief Justice of India. During his tenure, evidence of several acts of very serious misconduct came to light and came to the possession of the Committee on Judicial Accountability. As a result of this, an impeachment motion was also prepared by the Committee on Judicial Accountability against Justice Anand which contained 4 serious charges". This included, acceptance of "gratification" from one Krishna Kumar Amla "in the form of a 2 Kanal plot of land at Ganderbal, Shrinagar". The other charges against Justice Anand include getting land in Gandhinagar in Jammu at a fraction of the market price, "abuse of influence and authority" to abet his "wife and mother-in-Law in filing a suit based on false averments in a civil court in Madhya Pradesh" and using his "influence to get the State Government of M.P. to withdraw the Special Leave Petition filed by the State against his wife". Bhushan says that despite this, it was not possible to get an impeachment motion against Justice Anand.

He next mentions the well known case of Justice YK Sabharwal who allegedly "passed a series of orders for sealing commercial properties in Delhi" forcing them to shift to large shopping malls and commercial complexes in which his sons had become partners. The sons, operating out of Justice Sabharwal's official residence were also allotted commercial plots by the Mulayam Singh/Amar Singh government of U.P. at concessional rates. It is Justice Sabharwal who stayed the publication of the infamous Amar Singh tapes.

Bhushan says that he has provided all the "documentary information on record to dispel any impression that my remarks were baseless or made with reckless disregard to the truth".

It remains to be seen how this case will play out. But the harsh glare of the media, the seniority of the counsel involved and pressure from a few former Chief Justices to ensure that the apex court acts soon to clear its name will surely mean that this is one judgment that will definitely not be delayed.

Further update in the next issue of the Weekly Mail. 

In this case, Mr. Radhakrishnan, one of our associates has sent valuable comments of Justice Krishna Iyer which we shall publish in the nest issue of the weekly mail.

(5) Update on 2nd All India DRT Conference to be held on 8th and 9th January ’11 

We have received registration fee from several persons. The early bird offer has closed yesterday. Now onwards, the interested participants will have to pay Rs. 4500 per head. The final date for payment of the said registration fee is 30.11.10 or earlier depending on the reasonable size of the participants. Those who come as early as possible will be definite to attend the Conference otherwise we may have to close the registration due to limitation on the capacity of the hall. We have received several suggestion and topics. The same are being sorted and accordingly the program will be announced separately through update about the conference.

(6) Cancer Updates from John Hopkins – After Years of Telling People Chemotherapy is the only  Way to combat Cancer, John Hopkins finally tells  You there is an alternative way...

Mr. Himanshu Mehta one of our clients from Mumbai has sent the following important information about the cancer:-

1. Every person has cancer cells in the body. These cancer cells do not show up in the standard tests until they have multiplied to a few billion. When doctors tell cancer patients that there are no more cancer cells in their bodies after treatment, it just means the tests are unable to detect the cancer cells because they have not reached the detectable size.

2. Cancer cells occur between 6 to more than 10 times in a person's lifetime.

3. When the person's immune system is strong the cancer cells will be destroyed and prevented from multiplying and forming tumors.

4. When a person has cancer it indicates the person has multiple nutritional deficiencies. These could be due to genetic, environmental, food and lifestyle factors.

5. To overcome the multiple nutritional deficiencies, changing diet and including supplements will strengthen the immune system.

6. Chemotherapy involves poisoning the rapidly-growing cancer cells and also destroys rapidly-growing healthy cells in the bone marrow, gastro-intestinal tract etc., and can cause organ damage, like liver, kidneys, heart, lungs etc.

7. Radiation while destroying cancer cells also burns, scars and damages healthy cells, tissues and organs. 

8. Initial treatment with chemotherapy and radiation will often reduce tumor size. However prolonged use of chemotherapy and radiation do not result in more tumor destruction.

9. When the body has too much toxic burden from chemotherapy and radiation the immune system is either compromised or destroyed, hence the person can succumb to various kinds of infections and complications.

10. Chemotherapy and radiation can cause cancer cells to mutate and become resistant and difficult to destroy. Surgery can also cause cancer cells to spread to other sites.

11. An effective way to battle cancer is to starve the cancer cells by not feeding it with the foods it needs to multiply.

What Cancer Cells feed on:

a. Sugar is a cancer-feeder. By cutting off sugar it cuts off one important food supply to the cancer cells. Sugar substitutes like NutraSweet, Equal,Spoonful, etc are made with Aspartame and it is harmful. A better natural substitute would be Manuka honey or molasses but only in very small amounts. Table salt has a chemical added to make it white in colour. Better alternative is Bragg's aminos or sea salt.

b. Milk causes the body to produce mucus, especially in the gastro-intestinal tract. Cancer feeds on mucus. By cutting off milk and substituting with unsweetened soy milk, cancer cells are being starved.

c. Cancer cells thrive in an acid environment. A meat-based diet is acidic and it is best to eat fish, and a little chicken rather than beef or pork. Meat also contains livestock antibiotics, growth hormones and parasites, which are all harmful, especially to people with cancer.

d. A diet made of 80% fresh vegetables and juice, whole grains, seeds, nuts and a little fruits help put the body into an alkaline environment. About 20% can be from cooked food including beans. Fresh vegetable juices provide live enzymes that are easily absorbed and reach down to cellular levels within 15 minutes to nourish and enhance growth of healthy cells.

To obtain live enzymes for building healthy cells try and drink fresh vegetable juice (most vegetables including bean sprouts) and eat some raw vegetables 2 or 3 times a day. Enzymes are destroyed at temperatures of 104 degrees F (40 degrees C).

e. Avoid coffee, tea, and chocolate, which have high caffeine. Green tea is a better alternative and has cancer-fighting properties. Water--best to drink purified water, or filtered, to avoid known toxins and heavy metals in tap water. Distilled water is acidic, avoid it.

12. Meat protein is difficult to digest and requires a lot of digestive enzymes. Undigested meat remaining in the intestines become putrified and leads to more toxic buildup.

13. Cancer cell walls have a tough protein covering. By refraining from or eating less meat it frees more enzymes to attack the protein walls of cancer cells and allows the body's killer cells to destroy the cancer cells.

14. Some supplements build up the immune system (IP6, Flor-ssence, Essiac, anti-oxidants, vitamins, minerals, EFAs etc.) to enable the body's own killer cells to destroy cancer cells. Other supplements like vitamin E are known to cause apoptosis, or programmed cell death, the body's normal method of disposing of damaged, unwanted, or unneeded cells.

15. Cancer is a disease of the mind, body, and spirit. A proactive and positive spirit will help the cancer warrior be a survivor. Anger, unforgiveness and bitterness put the body into a stressful and acidic environment. Learn to have a loving and forgiving spirit. Learn to relax and enjoy life.

16. Cancer cells cannot thrive in an oxygenated environment.  Exercising daily, and deep breathing help to get more oxygen down to the cellular level. Oxygen therapy is another means employed to destroy cancer cells.

(7) Our Weekly Mails in form of a Printed Book:-

As informed we have received huge demand for a printed version of our weekly mails. Hence it has been decided to bring about a book with comprehensive commentary, good index along with a CD for easy search. We have started receiving enquiry and suggestions from the readers of our weekly mails as well as from the visitors of our web site.

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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.”

(3) Proposed 2nd All India DRT Conference at Indore on 8th and 9th January 2011 

(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 The day to day developments are mentioned in the updates since 27.8.10. There have been 17 updates since then. The same have also been communicated through special mails.

(2)    Several DRT advocates and our clients are attending the Conference. Many of those who attended the last Conference in May ’08 are very enthusiastic for this Conference. Such desire for repeat attendance proves the immense value of the proposed Conference. 

(3)    The dates of the conference has been changed as above due to non-availability of proper size of hall on the original dates of 25th and 26th December.

(4)    There is very good response to the early bird offer from several participants. The early bird offer of 10% discount i.e. Rs. 4500 (-) Rs. 450 = Rs. 4050 per participants will close on 30.09.10. The discounted Registration Fee for both the days will be Rs. 4050=00 per participant. It will include the cost of arrangements at venue, hard copies of conference materials, lunch and dinners, DVDs etc. The Registration Fee may be remitted to our ICICI Bank current A/c no 091605000353 of 'DRT Legal Solutions' in Ratlam Kothi Branch Indore IFSC Code ICIC0000916. 

(4) Balance Sheet of Life 

Mr. Firoz Poonawalla has sent the following interesting piece:- 

“Our Birth is our Opening Balance!

Our Death is our Closing Balance!

Our Prejudiced Views are our Liabilities..

Our Creative Ideas are our Assets..

Heart is our Current Asset..

Soul is our Fixed Asset..

Brain is our Fixed Deposit..

Thinking is our Current Account..

Achievements are our Capital..

Character & Morals, our Stock-in-Trade..

Friends  are our General Reserves..

Values & Behaviour are our Goodwill..

Patience  is our Interest Earned..

Love is our Dividend..

Children are our Bonus Issues..

Education is Brands/Patents..

Knowledge is our Investment..

Experience is our Premium Account..

The Aim is to Tally the Balance Sheet Accurately.

The Goal is to get the Best Presented Accounts Award.” 

(5) Our Weekly Mails in form of a Printed Book:-

As informed we have received huge demand for a printed version of our weekly mails. Hence it has been decided to bring about a book with comprehensive commentary, good index along with a CD for easy search. We have started receiving enquiry and suggestions from the readers of our weekly mails as well as from the visitors of our web site.

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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.

(3) Quiz on Lender Liability – conceptual validation of relatively huge loss and damages in respect of our clients 

An interesting quiz on Lender Liability (in USA) is contained in a web page vide link below and the same has been reproduced as it appears on the said page. This is a conceptual validation of relatively huge loss and damages or counterclaims in respect of our clients.

http://www.bankersonline.com/lending/lenderliabilityquiz.html

Question # 1 (True/False) A lender liability lawsuit may result from the sale of loan participation.

Answer: True

The term "lender liability" is broadly used to describe a class of cases arising out of a relationship between a financial institution and a third party. The name is misleading because not all of the cases deal with a lending relationship such as those involving a deposit relationship or the sale of a loan participation.

Question # 2 (True/False) The number one theory of lender liability used by plaintiffs is breach of contract.

Answer: True

Breach of contract is the number one theory used by plaintiffs both in terms or frequency and the total dollar amount of verdicts.

Question # 3 (True/False) If a corporate loan agreement contains a provision that includes as an event of default any change in the management or control of the borrower and the lender declares a default upon learning of the sale of the corporation, a stockholder may use the provision as the basis of a lender liability lawsuit.

Answer: True

Interference with corporate governance has been the basis of some lender liability actions. Corporations are owned by stockholders, overseen by boards of directors elected by the stockholders, and run, on a daily basis, by management hired by the board. If a lender attempts to usurp the authority, which should be exercised by the directors, management or stockholders of the corporation, the lender could be deemed to be interfering with corporate governance.

Question # 4 (True/False) A negligent or fraudulent response to a credit inquiry may be the basis of a lender liability lawsuit.

Answer: True

Even though a financial institution is under no obligation to requests for credit information regarding a customer and may as a matter of policy not do so unless it has the consent of its customer, if the a response it given, the institution must respond truthfully and accurately.

Question # 5 (True/False) The Uniform Commercial Code (UCC) provides that those parties whose contracts are covered by the UCC are subject to the UCC good faith provisions. However, the UCC also allows parties to agree in writing to waive the good faith requirements.

Answer: False

The Uniform Commercial Code specifically states that a party is not permitted to waive the requirement of good faith performance by the other party.

Question # 6 (True/False) If a commercial loan agreement contains a demand clause, the lender can always utilize the clause because the borrower agreed to the terms when the loan agreement was signed by the borrower.

Answer: False

Courts have frowned on the use of a demand note feature in a commercial loan agreement. The sudden unannounced withdrawal of funding can precipitate the failure of a business. It is prudent, in most circumstances, for the lender to give the borrower advance notice of the termination of the borrower's line of credit to allow the borrower to arrange other financing.

Question # 7 (True/False) If a financial institution repeatedly accepts late loan payments or pays overdrafts on a customer's account, the institution may need to notify the customer before deviating from the established pattern.

Answer: True

Even if a written loan agreement or deposit agreement provides otherwise, a financial institution may be held liable for damages if the customer has come to rely on the institution's established course of business.

Question # 8 (True/False) Damages awarded in a lender liability lawsuit are limited to actual damages proven plus interest on that amount from the date of the action that caused the damage.

Answer: False

In some cases, a borrower has contended the financial institution acted in bad faith. The courts have held bad faith involves deliberate, willful wrongdoing on the part of the lender and if proven may form the basis for an award of punitive damages that could greatly exceed the amount of actual damages.

Question # 9 (True/False) Most lender liability lawsuits are decided by the judge without a jury.

Answer: False

The vast majority of the cases involving lender liability issues are heard and decided by juries. It is the jury which in some cases awards monstrous-sized verdicts.

Question # 10 (True/False) The basis of a lender liability lawsuit must be the violation of a statute or regulation.

Answer: False

Many lender liability actions utilize theories based on the common law, the body of law, which arises from court decisions rather than statutes or regulations.

(4) Meaning of word ‘END’ and ‘NO’:-

Mr. B.K. Dubey, Advocate Indore and our Associate has informed the following interesting meaning of the words ‘END’ and ‘NO’:-

“END does not mean it is finished but E.N.D. means ‘Effort Never Dies’

And if you get NO to an answer, remember N.O. is ‘Next Opportunity’

(5) Our Weekly Mails in form of a Printed Book:-

As informed we have received huge demand for a printed version of our weekly mails. Hence it has been decided to bring about a book with comprehensive commentary, good index along with a CD for easy search. We have started receiving enquiry and suggestions from the readers of our weekly mails as well as from the visitors of our web site.

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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. 

(3) Most of the things we enjoy are free 

Mr. Firoz Poonawalla has sent the following beautiful piece:- 

Most of the things we desire are EXPENSIVE.  But the truth is: 

The things That  we really Enjoy  Are FREE: Like:-Love, Happiness, laughter and Great relationship and good friendship. 

(4) Our Weekly Mails in form of a Printed Book:-

As informed we have received huge demand for a printed version of our weekly mails. Hence it has been decided to bring about a book with comprehensive commentary, good index along with a CD for easy search. We have started receiving enquiry and suggestions from the readers of our weekly mails as well as from the visitors of our web site.

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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.

(3) 5 Judges caught red handed while copying in their LLM exam – High Court suspends them   

This refers to the news item at page 1 of Dainik Bhaskar Indore in its issue dated 27th August ’10. The reported facts and our comments are as under:-

Facts Reported

(a)    In Kakatiya University, Warangal, 5 judges who appeared in LLM examination were caught red handed when they were copying from the books, torn out pages from books and paper slips.

(b)    They were caught red handed through Video Cameras which provided solid proof. The copying materials were confiscated and they were stopped to appear in further papers. The matter was reported to Andhra Pradesh High Court. The Chief Justice suspended them till the final report of the investigation.

  Our Comments

(a)    We have been emphasizing video arguments and video recording in court rooms so that complete proceedings are made available as to how the advocates argued the matter and what comments were made by the judges.

(b)    Such video recording will be the basis for analyzing the orders and for preparing the Review and Appeals.

(c)    We have also been emphasizing the video recording in police stations so that there is no scope of 3rd degree methods.

(d)    In many litigations, the judicial process involves serious issues like illegal deprivation of properties and even life and death of innocent persons; there is extreme urgency of equipping the court rooms and police stations with video recordings.

(e)    The above has been implemented in developed countries past several years. Our High Court and Supreme Judges have spent crores in foreign trips (along with their wives) but they have not dared to implement the above. No wonder the report of the Delhi University Research has been suppressed which found out that many of the judges were 2nd and 3rd grade art/commerce students who could not get admissions in other streams and hence opted for legal studies.

(f)      That is why the eminent Supreme Court Judge Krishna Iyer in his book in 1988 stated that our Judiciary is backward by 200 years compared with developed countries.

(g)    Now we understand as to why Bhopal case is to be reviewed after 14 years and as to why Review in general is not liked by the judicial community. We must thank the modern technology of video recording which caught not only one but 5 judges who were appearing in Masters Examination of Law after their law degree and several years of service as Hon’ble Judges who are still addressed as ‘My Lord’ and citizens of free democratic country stand up when the said public servants arrive to occupy their chairs. The behaviour and mindset of Master and Servants will change the moment court rooms have video recording. It is interesting to note that while we are still aping the old British but now UK has maximum installation of Video Cameras in the world.

(4) 6 Principles of Life   

Mr. Firoz Poonawalla has sent the following useful piece:-

(1)    No point using limited life to chase  unlimited money.

(2)    No point earning so much money you cannot live to spend it .  

(3)    Money is not yours until you  spend it.  

(4)    When you are young, you use your health to chase your wealth ; when you are old, you use your wealth to buy back your health. Difference is that, it is too late .  

(5)    How happy a man is, is not how much he has but how little he needs.  

(6)    No point working so hard to provide for the people you have no time to spend with.

(5) Our Weekly Mails in form of a Printed Book:-

As informed we have received huge demand for a printed version of our weekly mails. Hence it has been decided to bring about a book with comprehensive commentary, good index along with a CD for easy search. We have started receiving enquiry and suggestions from the readers of our weekly mails as well as from the visitors of our web site.

 

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(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 

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