DRT  Legal  Solutions

(Debts Recovery Tribunal Legal Solutions) is an India based

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

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

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

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

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DRT Solutions Weekly Mail – 140th Issue dated 14th January ’11

 

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


 

(1) 2nd All India DRT Conference – Video Feedback from the Participants on the spot – thanks for them

 

The Conference was held on 8th and 9th Jan 2011. During Dinner, Lunch and Tea time, video feedback was recorded from the following participants:-

(1) Ahemdabad - UC Desai;

(2) Aasansol - Dr. A.K. Gupta;

(3) Bangalore - V.V. Basavraaj;

(4) Belgaum (Karnataka) - Gopal M;

(5) Chandigarh - Jyoti Sareen;

(6) Indore - Sudhir Bindal;

(7) Indore – Bharat Bindal

(8) Indore - T.R.Radhakrishnan;

(9) Kolkata - Avishek Goenka;

(10) Kolkata – U.C. Jha;

(11) Mumbai - Haresh Gandhi;

(12) Mumbai - Sanjeev Agarwal;

(13) Mumbai - S. K. Jain;131-Latest

(14) Mumbai - Bharat Gandhi;

(15) Mumbai – Sunil Bablani;

(16) Nagpur - Sanjay Jain;

(17) Nagpur  - Mr. Murthy;

(18) Salem (Tamil Nadu) - SK Senthil Kumar;

(19) Sangli (Pune) - Mandar Acharya;

(20) Vijayawada - Sitaram Prasad;

(21) Vardha - Subodh Kant  

They all appreciated the meticulous arrangements, uniform format of the PowerPoint Presentation of all the speakers, content of speeches, question and answer session providing latest knowledge as well as the food, conference material etc.

Most of them desired that such Conference be held more frequently say atleast once in an year.

They were eager to get the DVDs. Some of them even desired to have the DVDs of the last Conference.


 

Our Comments :–

(a)    First of all we thank all the participants who came from various cities of the country particularly in coldest season of the year. In future we shall organize this event in the month of September when it will not be so cold.

(b)    It is not possible to hold this event once in an year because significant development of law takes place in 2 to 3 years time and further lot of efforts are required to organize and hold quality Conference so that it is knowledge packed and not a single minute is wasted. The very fact that few persons came repeated the attendance and every body was enquiring the date of next conference show that the event was appreciated by the participants. Their above mentioned videos are eloquent proof of the same.

(c)    We intend to provide audio, video and transcript of the whole proceedings. Editing and preparation will take some time. As soon as the same is ready, it will be announced in the weekly mail as well as on the web site.

(d)    Our approach has been to match the standards of an International Conference and the person of the highest standard should feel the value of such Conference.

(e)    We request the participants to send their comments through mail.


 

(2) Talk of Mr. Ram Kishan

On account of shortage of time and more time devoted to other speakers as well as the questions and answers, the talk of Mr. Ram Kishan on ‘Counter-claim and Damages could not be delivered. We have decided to prepare the Video Talk and include the same in the DVDs. This talk will be based on the material already given in the Conference material. We also request the participants and the mail recipients to send us the questions on the topic of ‘Counter-claim and Damages’ so that the answers to the said questions will be included in the proposed ‘VideoTalk’


 

DRT Solutions Weekly Mail – 139th Issue dated 7th January ’11

 

(1) 2nd All India DRT Conference - Final Program is as under:-

 

08.01.11 - Saturday

4 PM to 4:30 PM - Registration

4:15 PM to 4:45 PM - High Tea

5:00 PM to 5:25 PM – Introduction, Speakers & Modality in this Conference by Mr. Ram Kishan

5:30PM to 6:15 PM – Inaugural Address by Mr. Satya Pal Anand, PIL Expert, Indore    

6:30 PM to 7:30 PM - 'Securitisation – Analysis of relevant Judgements, Scheme for Implementation, Solutions to Problems in Trial  - A Talk by Mr. B.K. Dubey, Advocate & Associate DRT Legal Solutions, Indore

7:30 PM to 8:30 PM - 'Importance of Inspection of Bank Documents' A Talk by T.R. Radhakrishnan, Ex-Senior Banker, Associate DRT Legal Solutions, Indore

8:30 PM to 9:00 PM - Answers to Questions on Securitisation Act

9:00 PM to 9:30 PM – Answers to Questions on Bank Documents

 9:30 PM - Dinner 

09.01.11 - Sunday

9 AM to 9:30 AM - Breakfast

9:45 AM to 10:45 AM - 'Counter-claim and Damages’ - A Talk by Ram Kishan

10:45 to 11 AM - Tea will be served inside

11:00 AM to 12:00 PM – ‘Stay Proceedings u/s 17 of Securitisation Act’ – A Talk by Mr. Bharat Gandhi, Advocate, Mumbai

12:00 PM to 12:30 PM - Answers to Questions on Counter-claim & Damages

12:30 PM to 1:00 PM - Answers to Questions on Stay Proceedings

1:00 PM to 2:00 PM - 'Natural Justice & SARFAESI Act' A Talk by Mathews J. Nedumpara, Advocate, Mumbai

2:00 PM to 2:45 PM - Lunch

3:00 PM to 3:30 PM – Answers to Questions on Natural Justice

3:45 PM to 4:45 PM - 'Personal Guarantee – A Void Agreement' - A Talk by N.K. Sharma, ex-GM (Law), Associate, DRT Legal Solutions, Indore

4:45 PM to 5:00 PM – Tea inside

5:00 PM to 5:30 PM – Answers to Questions on Personal Guarantee

5:30 PM – Vote of Thanks & Vande Mataram 

(2) 2nd All India DRT Conference - Objectives

 

This Conference has generated lot of interest in the country particularly among businessmen, industrialists and the litigants facing bank recoveries througn DRTs. Some of the participants are those who attended the last Conference in May 2008. Not only they are coming, they have encouraged others to come for the simple reason that they have been benefited from our work, guidance and advice past several years.  We have been highly focused to limit the participants to the interested group. We had to decline participation to the bankers, students, real estate persons etc whose goals are different. The interactions will help the participants as well as the organizer to prepare for more effective implementation of measures for defence of borrowers and guarantors. While we continue to receive queries and suggestions, still we request for the same so that maximum possible deliberations serve to answer the said queries. Let us hope to improve the management and technology in DRTs with actual implementation so there is a fall out effect on the Judicial System as a whole.

 


 

DRT Solutions Weekly Mail – 138th Issue dated 31st December ’10


 

(1) 2nd All India DRT Conference – List of Participants – Participants to note their Serial Nos - PowerPoint Presentations and Articles on the Talks – Questions & Ansewers

 

(1)    The following is the list of participants. The list is citywise. If any correction is required, the participants are requested to inform us by mail. Registration of few more persons is under consideration and the final list will be published on 5th January 2011.

(2)    The participants may note their Serial No. This number will be required at the Registration Counter for delivery of Conference Material.

1

Ahemdabad

UC Desai

Ex-Banker

Mail Interactions

2

Aasansol

Dr. A.K. Gupta

Medical Doctor

Visited us, fighting his own case

3

Bangalore

V.V. Basavraaj

Educationist

Visited us for discussions

4

Belgaum (Karnataka)

Mahendra.B.Jain

Businessman

Mail Interactions

5

Belgaum (Karnataka)

Gopal M

Consultant

Mail Interactions

6

Chandigarh

Jyoti Sareen

Advocate

Mail interactions

7

Chennai

P. Rajavelu

Advocate

Referred to by one of our clients

8

Cochin

Nedumpara Mathews

Advocate

Visted us for discussions

9

Dewas

N.K. Sharma

Ex-GM(Law)

Associate 'DRT Legal Solutions’

10

Hyderabad

Ravindra M Agarwal

Industrialist

Attended last Conference

11

Indore

Sudhir Bindal

Businessman

Visted us for discussions

12

Indore

Bharat Bindal

Businessman

Visited us for discussions

13

Indore

B.K. Dubey

Advocate

Associate 'DRT Legal Solutions’

14

Indore

T.R.Radhakrishnan

Ex-Banker

Associate 'DRT Legal Solutions’

15

Indore

Ram Kishan

Consultant

Founder ‘DRT Legal Solutions’

16

Indore

K.C. Maheshwari

Consultant

Associate 'DRT Legal Solutions’

17

Indore

Satya Pal Anand

Veteran PIL Expert

Agreed to file PILs on DRT matters

18

Indore

Dr. N.S. Poonia

Editor 'Lost Justice'

Crusader for Judicial Reforms

19

Jalgaon

Dinesh Kakkad

Industrialist

Visited us for discussions

20

Jalgaon

Ashok Kumar Ranglani

Industrialist

Visited us for discussions

21

Kolkata

Avishek Goenka

Businessman

Visited us for discussions

22

Kolkata

 

Advocate

Visited us for discussions

23

Ludhiana

Rajesh Jain

Industrialist

Interactions since 2003

24

Mirzapur

Bimal Kumar Sureka

FCA

Mail Interactions

25

Mumbai

Haresh Gandhi

Industrialist

Attended last Conference

26

Mumbai

Sanjeev Agarwal

Industrialist

Attended last Conference

27

Mumbai

S. K. Jain

CEO

Visited us for discussions

28

Mumbai

Dilip Upadhyaya

Dy. G.M.(Finance)

Visited us for discussions

29

Mumbai

Bharat Gandhi

Advocate

Visited us for discussions

30

Mumbai

Kirttee Khaitan

Industrialist

Visited us for discussions

31

Salem (Tamil Nadu)

SK Senthil Kumar

Advocate

Mail Interactions

32

Sangli (Pune)

Mandir Acharya

Industrialist

Mail Interactions

33

Vijayawada

Sitaram Prasad

Legal Advisor

Mail Interactons


 

(2) 2nd All India DRT Conference – Highlights of the Program - PowerPoint Presentations and Articles on the Talks – Questions & Ansewers

 

The final program is being chalked out. The highlights are as under:-

(1)                The main objectives are short term and long term solutions to the problems faced by litigant Borrowers and Guarantors in DRTs, ADRTs, Civil Courts, Co-operative Courts, Arbitrators,  High Courts and Suprme Courts.

(2)                While short term solutions are being provided on day-to-day basis, the long term solutions will be tackled with series of PILs on various topics.

(3)                The speakers will cover all the above topics using uniform format for the PowerPoint Presentations. The Articles on the talk will be based on the various slides of the PowerPoint Presentations.

(4)                The Participants are requested to put down their questions on paper slips to be delivered just after conclusion of talks. The Answer session will be just after one hour during which the speakers will sort out the questions, combine the common questions and prepare the answers.

(5)                The entire proceedings will be video recorded. There will be a digital clock on the podium. The time shown will serve as the index. Hence any important point may be noted with reference to the time shown on the clock. This will be useful in searching the location on the DVDs.

(6)                The DVDs will be widely distributed to those who have not attended the conference. The DVDs will have the formats for the DVD Players, MP4 format for the Tablet PCs and audio for the i-pods.

(7)                A summary DVD giving the highlights in 5 minutes will be sent to eminent persons in Judiciary and Bar Association, eminent persons in business, trade and industry.

(8)                Hence the fall out effects of the Conference are wide and all pervading to the society.

(9)                Keeping all the above, the program is being chalked out.


 


 

DRT Solutions Weekly Mail – 137th Issue dated 24th December ’10


 

(1) 2nd All India DRT Conference – First List of Participants who have registered and are definite to attend the Conference – Unique Opportunity for Interactions with DRT Litigants from various parts of the Country - last date of payment extended to 31st Dec. ’10

 

(a)    We are still receiving lot of queries about the extension of date of payment for participation in the DRT Conference. Hence the date of payment has been further extended to 31st December ’10.

(b)    We have been quite specific about the goals and objectives of this Conference i.e. Defence of Borrowers and Guarantors in DRTs. Accordingly we have declined to several interested persons such as bankers, students, general advocates, real estate persons etc. We just don’t want to have a crowd. It’s an interaction among really interested persons to achieve positive results in a very opposing and hindering environment. Accordingly now we are releasing the first list of participants as under.

(c)    The following persons have registered and made all definite arrangements to attend the Conference. There are few more persons who are expected to attend. As soon as we receive their confirmation and details to attend the Conference, the same will be published in the Conference Update Mails. As may be seen from the list below, the participants are from wide disciplines viz. Industrialists, Businessmen, Advocates, ex-Bankers, FCA, Legal Advisor, Consultants etc. Some of them are from far off places like Belgaum, Kolkata, Salem and Vijaywada etc.  

(d)    If there is any mistake in the following particulars or if the name is missing, the person concerned may please inform the facts by mail to correct our records.

Ahemdabad

UC Desai

Ex-Banker

Mail interactions

Belgaum (Karnataka)

Mahendra.B.Jain

Businessman

Mail interactions

Belgaum (Karnataka)

Gopal M

DRT Consultant

Mail interactions

Dewas

N.K. Sharma

Ex-GM(Law)

Attended last Conference

Hyderabad

Ravindra M Agarwal

Industrialist

Attended last Conference

Indore

Sudhir Bindal

Businessman

Visited us for discussions

Indore

Bharat Bindal

Businessman

Visited us for discussions

Indore

B.K. Dubey

DRT Advocate

Attended last Conference

Indore

T.R.Radhakrishnan

Ex-Banker

Attended last Conference

Indore

Ram Kishan

DRT Consultant

Attended last Conference

Jalgaon

Dinesh Kakkad

Industrialist

Visited us for discussions

Jalgaon

Ashok Kumar Ranglani

Industrialist

Visited us for discussions

Kolkata

Avishek Goenka

Businessman

Visited us for discussions

Kolkata

 

DRT Advocate

Visited us for discussions

Mirzapur

Bimal Kumar Sureka

FCA

Mail interactions

Mumbai

Haresh Gandhi

Industrialist

Attended last Conference

Mumbai

Sanjeev Agarwal

Industrialist

Attended last Conference

Mumbai

S. K. Jain

CEO

Visited us for discussions

Mumbai

Dilip Upadhyaya

Dy. G.M.(Finance)

Visited us for discussions

Mumbai

Bharat Gandhi

DRT Advocate

Visited us for discussions

Salem (Tamil Nadu)

SK Senthil Kumar

DRT Advocate

Mail interactions

Sangli (Pune)

Mandar Acharya

Industrialist

Mail interactions

Vijaywada

Sitaram Prasad

Legal Advisor

Mail interactions


 

(2) Some of the Important Topics, Questions and Queries from the Participants – the same will be dealt with by the Experts in the DRT Conference 

 

We are receiving lot of important Topics, Questions and Queries from the participants to be dealt with by the experts in the Conference. Some of these are as under:-

(a)                Various problems of guarantors including discharge.

(b)                Safeguards in respect of proceedings u/s 14 of the Securitisation Act.

(c)                Specific problems of DRT Litigants in High Courts and Supreme Court.

(d)                Securitiisation and Arbitration under Co-operative Act.

(e)                Filing claim for loss and damaged in the Application u/s 17 of Securitisation Act.

(f)                  DRT proceedings, BIFR jurisdiction, winding up proceedings etc.- impact thereof.

(g)                Impact of simultaneous proceedings under DRT Act and Securitisation Act.

(h)                Legality of Deposit in DRAT in respect of interlocutory orders.

(i)                  Writ Petition relating to transfer of DRTs from Ministry of Finance to Ministry of Law.

(j)                  PIL Writ Petitions relating to DRT matters.

(k)                Execution after DRT Proceedings.

(l)                  Application of Modern Management and Latest Technologies in DRTs

We request the participants and readers of our weekly mail to send us their questions and queries so that the same are covered by the experts in the Conference. Suggestions are also invited.


 

DRT Solutions Weekly Mail – 136th Issue dated 17th December ’10


 

(1) 2nd All India DRT Conference – Program – Most Useful Deliberations on Current DRT Topics 

 

(1) The tentative program of the Conference is as under. The speakers will deal with most current topics from the angle of practical utility for defence of borrowers and guarantors. It is an unique opportunity for the litigants and advocates to acquire immense valuable knowledge in a short period of one and half day.

(2) Questions and suggestions are invited from one and all so that the same are covered in the Conference.

(3) Those who have remitted the registration fee are requested to convey their mobile no and postal address again to update our records.

08.01.11 - Saturday

4 PM to 4:30 PM - Registration

4:15 PM to 4:45 PM - High Tea

5:00 PM to 5:10 PM - Welcome by Mr. T.R. Radhakrishnan. Ex-Senior Banker, Associate DRT Legal Solutions, Indore

5:15 PM to 6:15 PM - 'Major Problems in Defence in Securitisation Act' - A Talk by Mr. B.K. Dubey, Advocate & Associate DRT Legal Solutions, Indore

6:15 PM to 6:45 PM - Questions and Answers on Securitisation Act

7:00 PM to 8:00 PM - 'Importance of Production & Inspection of Bank Documents' A Talk by T.R. Radhakrishnan, Ex-Senior Banker, Associate DRT Legal Solutions, Indore

8:00 PM to 8:30 PM - Questions and Answers on Bank Documents

8:30 PM to 9:30 PM - Dinner

 

09.01.11 - Sunday

9 AM to 9:30 AM - Breakfast

9:45 AM to 10:45 AM - 'Counter-claim and Damages in DRT Defence' - A Talk by Ram Kishan

11:00 AM to 11:15 AM - Tea

11:00 AM to 11:30 AM - Questions and Answers on Counter-claim and Damages

11:30 AM to 12:30 PM - 'Secured Creditor Can Not Take Measures u/s 13(4) of Securitisation Act Against Guarantor' - A Talk by N.K. Sharma, ex-GM (Law), Associate, DRT Legal Solutions, Indore

12:30 PM to 1:00 PM - Questions and Answers on Securitisation Act & Guarantors

1:00 PM to 2:00 PM - Lunch

2:15 PM to 3:15 PM - 'Transcore and Natural Justice' A Talk by Mathews J. Nedumpara, Advocate, Mumbai

3:15 PM to 3:45 PM - Questions and Answers on Natural Justice

3:45 PM to 4:00 PM - Tea

4:00 PM to 5:00 PM - 'Public Interest Litigations' - A Talk by Satya Pal Anand, Famous PIL Expert, Indore

5:00 PM to 5:30 PM - Questions and Answers on PIL

5:30 PM - Presentation of Mementos, Vote of Thanks & Vande Mataram

 

(2) 2nd All India DRT Conference – Certain Queries and Answers 

 

(1)    The Registration Fee does not include the Accomodation Expenses. The participants have to make their own arrangements for their one night stay on 08.10.11.

(2)    We  have drawn up the program in such a manner so that one can arrive comfortably in the morning of 08.01.11 i.e. Saturday, fix up his night stay and arrive at the venue i.e. Sayaji Hotels, Topaz Hall at 4 PM for Registration and High Tea. The Program will commence by 5 PM. The dinner will be at 8:30 PM.

(3)    The program on next day i.e. 09.01.11 will commence at 9 AM with breakfast, tea at 11 AM, Lunch at 1 PM and tea at 3:45 PM. The DRT Topics willl be over by 3:45 PM.

(4)    Those who desire to meet Mr. Ram Kishan may stay back and meet him on Monday i.e. 10.01.11 just after 11 AM. Prior appointment may be fixed on his mobile phone no 09691103689.

(5)    We are overwhelmed by the response from our clients and their advocates. Many of them had attended Chennai Conference in 2007, Indore Conference in 2008 apart from meeting us in between. Despite such interactions, they have been keen to attend the ensuing Conference on 8th and 9th January 2011. The repeat value of interest shows and confirms the value of such conferences exclusively in the field of DRT Defence.

(6)    Oue goal is to improve and modernize the Judical Function in DRTs so that such improvements provide a workable model for the Judiciary as a whole. Hence we request all our clients and their advocates to involve themselves fully, convey us their problems and suggestions on constant and continuous basis keeping their own interests as well as the interests of the society as a whole.

 


 

DRT Solutions Weekly Mail – 135th Issue dated 10th December ’10


 

(1) PIL on IPC 498A - prepared and filed in one day – Spirit of Mr. Satya Pal Anand 

 

The following incidence shows the indomitable spirit of Mr. Satya Pal Anand, well known  PIL Crusader, 80 years young:-

(1)                On 07.12.10 at 11 AM I visited Mr. Satya Pal Anand. He showed me the Supreme Court judgement reported as (2010) 7 SCC  667 Preeti Gupta vs  State of Jharkhand. He said he has decided to file a PIL in Supreme Court as several innocent persons have been harassed by wicked ladies misusing the provisions of law contained in 498 A of IPC.

(2)                He desired my help to e-file the said PIL. I told him that the PIL must be first typed on Computer. He sat down on Computer and with my guidance, he typed the entire PIL by 6 PM.

(3)                He accompanied me to my residence to e-file the same. After necessary formalities i.e. printing, scanning the pages having his signature, creating his ID in the e-filing system of Supreme Court, converting the documents in PDF form etc, the said PIL was e-filed by 9:30 PM. The court fee expenditure was only Rs. 120=00 paid through credit card compared with substantial  expendure involved in visiting Delhi and spending 2 days of travel. He was so happy that he narrated his experience in a Video Interview recorded on the same day.

(4)                He saw and experienced the following advantages of modern technology:-

(a)    corrections on manual typewriter are difficult, shabby and time consuming

(b)    Presentation on electronic form is neat, clean and fast. The data storage is much convenient. The data transportation is extremely fast and cheap.

(c)    E-filing is quick and cheap and is available 24 X 7 without any physical movement.

(d)    The time thus saved can be spent for other useful activities.

(5)                We are trying our best to train him in use of modern management and technology to send a message that it is much better option than just to increase the number of judges and when Mr. Anand at his age of  80 years can do it, why other Advocates and Judges can also not do it. When they are using latest Mobile, latest TV, latest Cars etc., why they should continue with bullock cart age technology of paper and oral presentation in Court Rooms.

 

(2) 2nd All India DRT Conference on 8th and 9th January 2011 

 

The preparations for the said Conference are in full swing and the latest status is as under:-

(1)    Several persons have approached us to attend the Conference and hence we have decided to extend the last date for Registration as 20th December ’10. Those desirous of attending should take our permission through e-mail before remitting their registration fees.

(2)    Several eminent persons have approached us to deliver the talk. We reiterate that our focus area is ‘Defence of Borrowers and Guarantors in DRTs’ The talk should be useful with practical angle to the litigants.

(3)    The person desirous to deliver their talks may discuss the matter over phone with us.

(4)    We have already planned the following talks:-

(a)    Practical Defence in Securitisation Act

(b)    Counter-claim and Damages in Bank litigations

(c)    Bank Documents which are needed for production and Inspection

(d)    Modern Management and Technology in Indian Judiciary.

(e)    Mr. Satya Pal Anand on PIL

(f)      Questions and Answers on all above topics. 

(5)    Pl inform your questions which you desire to be covered in this Conference.

(6)    Separate Mails will follow on the DRT Conference.

 


 

DRT Solutions Weekly Mail – 134th Issue dated 2nd December ’10

 

 
(1) DRAT Mumbai Verdict imposing Deposit with Appeal against DRT Orders relating to Interim Applications needs to be challenged as PIL in Supreme Court 

 

One of our clients from Nagpur has sent us copy of order dated 29.10.10 of DRAT Mumbai in the matter of Vinay Containers (P) Ltd vs Axis Bank holding pre-deposit of 25% even in respect of Interlocutory Applications. Our observations are as under:-

(a)    We are not aware whether Vinay Containers (P) Ltd has resorted to Review and Appeal against the said order.

(b)    If any Review and Appeal has been filed, we are not aware about the proceedings.

(c)    Such order of DRAT Mumbai will affect all the litigant borrowers till there is any favourable verdict of higher courts.

(d)    Our view is that on one hand, the suffering litigants have no option but to fight against such orders, since it will affect others also not today but tomorrow; it will be advisable to fight  a such orders by way of PIL on a combined front. We request all our clients in Mumbai, Nagpur and Pune to come together on a joint platform and file a PIL in Bombay High Court and if needed in the Supreme Court. Those who are interested in such joint action, may talk to us on phone.

(e)    We have discussed the matter with Mr. Satya Pal Anand of Indore who specializes in PILs and filed and contested thousands of PILs past 4 decades. He is prepared to undertake the above matter.

 

We have separately informed our clients in Mumbai, Pune and Nagpur vide copy of the mail reproduced below:-

 

Dear Sir,

The following extract is being published in tomorrow's weekly Mail. This copy is being sent to all our clients in Mumbai, Nagpur and Pune. I feel that Mr. Haresh Gandhi, Mumbai (M-09322641912) should take the lead in organizing the joint front.

If it is decided to file the PIL through Mr. Satya Pal Anand, we shall organize the same from Indore.

With best wishes,

Ram Kishan

 

(2) Writ can not be filed against the Private Banks like ‘ICICI Bank’ – Hence such banks can not raise the bogey of ‘Public Funds’ 

 

Mr. N.K. Sharma, our associate and ex-GM (Law) has informed the following news item which is self explanatory

 

http://legalperspectives.blogspot.com/2010/11/no-writ-to-return-vehicle-recovered-by.html

 

15 NOV 2010

No writ to return vehicle recovered by Bank: High Court

That the scope of writ petitions is limited largely against the State is a proposition well founded in the jurisprudence which has developed under the Constitutional precincts. In this respect the Constitutional Courts of India have consistently declared that writ petitions would not be issued against private parties where such parties are not performing state/statutory functions. In this line we came across this decision wherein a High Court refused to issue writ against a private bank wherein the allegation was of illegal recovery of vehicle by the bank against the borrower. While the Court declared that there may be a right, the remedy availed was inappropriate.

 

The Calcutta High Court in a recently reported decision [Rabindra Kumar Singh v. State of West Bengal, AIR 2010 NOC 949] clarified the law in this respect by passing the following judgment;

 

ICICI Bank Limited, the fifth respondent in the pending art.226 petition dated March 5, 2008, has filed this application for dismissal of the petition on the ground that it is not maintainable. It is submitted that the application has been served. Affidavit of service has been filed. None appears to oppose the application. 

 

The principal reliefs seeking which the petition has been filed are these: "(a) A writ in the nature of Mandamus commanding and directing the respondents and their men, agents and/or associates, specially upon the respondent no.4 to take immediate steps in terms of illegal dispossession of the vehicle of the petitioner from his rightful possession. (b) A writ in the nature of Mandamus directing the respondent No.5 to take the part-payment of the due installments from your petitioner in respect of the above mentioned  vehicle. (c) A writ in the nature of Mandamus directing the respondent No.5 to release the Jute as early as possible which is in his custody till now."

 

The petitioner purchased a truck financed by ICICI Bank. Alleging that he failed and neglected to pay the loan according to the terms and conditions of the agreement between the parties, and that the contract entitled it to repossess the vehicle, ICICI Bank took possession of the vehicle on February 10, 2008 under an inventory of that same day, Annexure P2 at p.20. By a letter of that same day, Annexure P4 at p.22, it informed the petitioner that his failure to pay the amount mentioned therein would compel it to dispose of the vehicle.

 

On February 12, 2008 the petitioner sent by post a letter of that same day, Annexure P3 at p.21, to the officer in charge of Itahar police station in Uttar Dinajpur alleging that on February 10, 2008 certain unknown persons forcibly took possession of the vehicle. He then gave a reply dated February 26, 2008, Annexure P5 at p.23, to the bank's letter dated February 10, 2008 through his advocate offering to pay the loan. Then seeking the above-noted reliefs he brought this petition.

 

ICICI Bank is not a state within the meaning of art.12 of the constitution and no public law element was involved in the action it took for repossession of the vehicle. It repossessed the vehicle in exercise of its pure private law contractual right flowing from the contract between the parties. On the basis of the letter dated February 12, 2008 the police could not recover the vehicle from it and restore possession thereof to the petitioner. In exercise of power under art.226 this court cannot direct the bank to accept any amount from the petitioner and return the vehicle and goods. 

 

I am, therefore, of the view that the bank is right in contending that the petition is not maintainable. The petitioner's remedy, if any, was before the appropriate civil and criminal courts. 

 

For these reasons, I allow the application and dismiss the art.226 petition.

 

DRT Solutions Weekly Mail – 133rd Issue dated 25th  November ’10 – Camp Haridwar & Sagar

 

 
(1) Another Important Reason for Video Recording of Court Room Proceedings 

 

Mr. N.K. Sharma, our associate and ex-GM (Law) continued interactions in his professional circle on the matter of ‘Video Recording of Court Room Proceedings’. Following extract from his said interactions highlights another important reason for video recording of court room proceedings is given below and is self explanatory:-

Forwarded Message ----

From: Corporate & Legal Professionals of India <groups-noreply@linkedin.com>

To: Narendra Sharma <nkdewas@yahoo.co.in>

Sent: Sat, 20 November, 2010 7:47:15 PM

Subject: New comment on "Why Oral Arguments in Courts need to be Video Recorded?"

LinkedIn Groups

Group: Corporate & Legal Professionals of India

Discussion: Why Oral Arguments in Courts need to be Video Recorded?

I'd like to add to the benefits already listed above. One of the issues faced by us lawyers, atleast in trial courts, is that once the oral arguments have been completed and the matter posted for judgment/ order, it is found that the particular presiding officer has been transferred and the court now has a new PO who would then listen to the arguments afresh leading to prolonged delays. If the oral arguments are available in audio/ video, hopefully this should go on to reduce the delays in such cases.

Posted by Ritesh Chandra

 

 

(2) Sorry State of Affairs in Indian Court Rooms, Apathy and Insensitivity of Judges – Feedback from Public 

Public is highly dissatisfied with the India Judiciary due to sorry state of affairs in Indian Court Rooms as well as apathy and insensitivity of Judges. Mr. N.K. Sharma, our associate and ex-GM (Law) has sent the following extract of his interactions and is self explanatory:-

Forwarded Message ----

From: Corporate & Legal Professionals of India <groups-noreply@linkedin.com>

To: Narendra Sharma <nkdewas@yahoo.co.in>

Sent: Tue, 23 November, 2010 12:09:07 PM

Subject: New comment on "'I have lost faith in judiciary, want to commit suicide' - Hindustan..."

LinkedIn Groups

Group: Corporate & Legal Professionals of India

Discussion: 'I have lost faith in judiciary, want to commit suicide' - Hindustan...

A recent statistic says that Govts (both Central and State) are the biggest litigants and the main reason why the system is clogged. The power to appeal is with the lowest ranked official while the power NOT to appeal is with the highest ranking officer. No doubt all decisions against the Govt are automatically appealed without application of mind.

Further do you know that in many High Courts hardly two to three hours work gets done every day (and this work is mainly adjourning the many cases that come up). Judges are busy otherwise than in their work.

Do you know that in Madras High Court all the judges take recess at 12.30 pm on each Friday for a peculiar reason: to read Namaz. Where in the world have you heard this sort of behaviour? And ours is a secular country!!!

Who will put a stop to this nonsense!!!

The Judges are a law unto themselves, and no one has the authority or the audacity to question them or their behaviour.

Let us form a Citizens Group to agitate for a more pro active and litigant friendly court system all over the country.

Posted by SWAMINATHAN GANESH

 

 
Our Comments 

 

The present setup of Indian Judicial System has totally failed. In past 60 years, its achievement is only year to year increase in pendency and now there are mwore than 3 crore cases pending and worst part is that the pendency continues to grow from year to year. It is relevant to note that a sitting High Court Judge of Andhra Pradesh has openly said that it will take more than 320 years to clear the pendency.

It is relevant to note that Justice Krishna Iyer said in 1988 that our Indian Judicial System is 200 years behind the developed countries.

There is no option first to recognize that the present Judges and Advocates can not improve the system as has been long experience of past 60 years.

Now there is no option but to learn the method of working in develop countries. Lot of material is available on internet. In USA they first constituted a High Power Body of eminent citizens who suggested, supervised and monitored the Judicial System. It is high time the Judges and Advocate should surrender before the public and hand over the management of Judicial System to public. The more delay means more problems from the public.

Similarly, the DRTs should be guided, supervised and monitored by a High Power Committed constituted by Industrialists and Businessmen and not the bueauracracy of bankers or judicial officers like advocates and judges.

 

 

DRT Solutions Weekly Mail – 132nd Issue dated 18th November ’10

 

 
(1) E-filing in Supreme Court – Our Experience 

 

Last month on 05.10.10 we e-filed a PIL Writ in the Supreme Court. The process took hardly 5 minutes and the expenditure was Rs. 350 only. The defects were communicated by the Filing Counter of the Supreme Court by e-mail on 21.10.10. We cured the defect on 01.11.10 and tried to refile on 03.11.10. There were problems with the Server of the Supreme Court. We talked to Registrar Judicial and took up the matter through e-mail. The response of the Registry was quite good and even the Dy. Registrar rang us and informed that the problems will be solved within 2 days. Finally the documents were refilled on 16.11.10 and the expenditure was Rs. 480 only. The following is the outcome of our experience of e-filing:-

(a)                It avoids physical movement and physical presentation of documents. Hence it greatly saves time and expenditure.

(b)                On account of such saving of time and money, it improves resource utilization of the person concerned as well as the society.

(c)                We intend to commence a movement so that the process of e-filing is introduced in DRTs and High Courts

(d)                A PIL has already been filed in MP High Court to introduce the said process of e-filing in High Court. We shall widen the scope of the said PIL to extend it to cover the DRTs.

(e)                If anyone is interested to file such PIL in their state, he is welcome to contact us through e-mail, we shall provide the copy of the PIL filed by us.

(f)                  It is needless to mention that the entrepreneurs, businessmen and industrialists whose cases are going on in DRTs should take a lead to introduce and spread the culture of e-filing of the documents. We shall provide all the information and technology.
 

(2) All India DRT Conference on 8th and 9th January ’11 at Indore – Aims and Objectives 

 

We are being approached by bankers, property dealers and advocates to attend the said Conference. We have told all such persons that we are highly focussed on the ‘Defence of Borrowers and Guarantors in DRTs’ for the simple reason that trial is highly neglected and the deficiencies and trials become incurable in higher courts. Lot of competent advocates are available for High Courts and Supreme Court but there is great dearth of experienced trial lawyers in DRTs. Our prime objective is to provide maximum  possible practical knowledge to such trial lawyers in DRTs. Hence we have given first preference to our existing clients and their advocates. If there is any vacancy, the next preference will be to Advocates who are practicing in DRTs. With such category only, our seats are expected to be fully occupied. Hence we are telling other persons to excuse us. However they are free to purchase the DVDs of the Conference. The price of the said DVDs will be announced just after the Conference.

In the meantime we again request our clients and their advocates to deposit their contribution. The availability of seats is getting limited and reservation is being done on first come first served basis. As soon as the requisite seats to the capacity of the hall is over, we shall announce the closure of Registration for the Conference.

We also request the prospective participants to convey their problems so that the same are covered by our speakers.  
 

DRT Solutions Weekly Mail – 131st Issue dated 12th November ’10

 

 
(1) Need & Importance of Video Recording of Evidence – Kerala High Court emphasizes the same in its judgment of 2008 

 

We have been quite vociferous on this issue and raised this matter in our several weekly mails. Mr. N.K. Sharma, ex-GM (Law) and our associate mentioned the same in one of the legal social sites ‘Lindedin’ where one of the members gave a very useful information reproduced below. We are trying to get the full judgment and in the meantime we request the readers to provide the same if it is possible for them:-

Observations made by the Honourable High Court of Kerala on the need for video recording the proceedings in Bhagavat Singh v. State of Kerala. 2008 (4) KLT 1047 [R Basant, J]

“9. It is perhaps shocking to note that courts in the state continue to follow the archaic procedure of manual recording of the oral evidence in his hand by the Presiding Judge. He hears the evidence and records the same in his own hand. Science and Technology on this aspect does not appear to have peeped into the Kerala Court halls at all. The amount of Judicial hours spent (or wasted) on the manual recording of oral evidence in courts is shocking. In an age when it must easily and inexpensively be possible to have audio and video recording of the oral evidence of the witnesses, we are still guilty of continuing with such archaic, time consuming, less efficacious and less efficient procedure of manual recording of evidence. The introduction of the procedure of video/audio recording of evidence will at one stroke make trial much faster, much more efficient and efficacious. It shall eliminate room for complaints like the one raised in this case. It shall take away the tedium and monotony of trials from the court rooms. It shall help the Appellate Judge and superior courts to see for themselves the demeanour of witnesses which today is the monopoly of the Trial Judge.... I do hence express my anguish and hope that qualitative changes shall be forthcoming in the near future.”

Our Comments

(1)    In our pleadings we have been mentioning about the video recording of evidence of the bank officials including their Chairman. With above ruling, our contentions are strengthened.

(2)    The above combined with the provisions of the Information and Technology Act 2000, we have now a very strong legal base for recording of video arguments.

(3)    In one of the PILs filed recently by us in the matter of corrupt CJIs, we have sought permission of the court to video record of the proceedings.

(4)    The video recording by Handycams is very easy. The DRT litigants should initiate the same in their cases.

(5)    It is needless to mention that in developed countries like US and UK past 30 years, all the proceedings are audio and  video recorded alongwith the transcription of the same to be provided to all the parties on the same day. Our CJIs were visiting these countries along with their wives and spending crores on these trips but the said systems have not yet been introduced. Instead of improving the judicial system, their attention was somewhere else.

(6)    It is no wonder that Justice Krishna Iyer said that in Indian Court rooms we are backward by 200 years. Still after such remarks in 1988, nothing has been done so far.

(7)    We are hopeful that the determined DRT litigants will take up as crusade the video recording of proceedings and evidence in DRTs. The real performance of the advocates and judges will get recorded and the quality of proceedings and orders will be greatly improved.

 

(2) PIL in the matter of functioning & control of DRTs – our contentions echoed vide news item in the Economic Times dated 8th Nov ‘10  

 

The Economic Times, Mumbai in its issue dated 8th Nov ’10 has published a news item captioned ‘Super Regulator proposed for 62 quasi-judicial bodies’ – Experts question  single body for overseeing many areas. The said news item mentions many of the points which we have been raising in our weekly mails as well as in our web site.

An important issue of Administrative control by the parent ministry has been questioned by the Supreme Court. The same has been covered in a writ petition recently filed by one of our clients in Vijayawada and admitted by Andhra High Court.

In light of above, more such writ petitions are expected to be filed by our clients in various states in the country.

It is relevant to note that in UK, the tribunals were introduced in 1800 and it took more than 150 years to achieve proper working of these tribunals which are controlled by a body consisting of eminent citizens which was the recommendation of Franks Committee in 1957. At present, it is unthinkable for our judicial authorities to achieve such change. We are still continuing with the legacy of British Ruler though they have changed the same in their country.

 

    

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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.

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