DRT  Legal  Solutions

(Debts Recovery Tribunal Legal Solutions) is an India based

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

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

Phones (India) - Mobile - +91-9691103689, Off. & Res.- +91-731-4049358 and +91-731-3290201 

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

 DRT Solutions Weekly Mail - 151st to 160th

HomeContentsProducts & ServicesFrequently Asked QuestionsUseful Article-BorrowersUseful Article-GuarantorsRBI GuidelinesNotes-Law of TortsNotes-DamagesMiniArticles-Letters to EditorUseful Interactions with Clients & VisitorsSecuritisation Act-CommentsAbout Us-DRT SolutionsUseful Tips for DRT Advocates|| 138 NI Act Cheque Dishonour Cognizance Acquittal | NCLT, National Company Law Tribunal, BIFR, SICA  |  Video Interview - BS Malik, Sr. Supreme Court AdvocateLegal Forum of IndiaSuccess & Results of Our GuidanceDRT Orders in favour of Borrowers & GuarantorsNPA, Debt due, Rehabilitation of Sick SME IndustriesOur Replies to Queries  on Current DRT Matters, Court Decisions etc.Measure of damages & Calculations under Torts & ContractsVideo Interview - GC Garg, Ex-Senior Bank OfficialSolar Healing, Yoga, Projector, Rebirth etc.Swami Ramdev, Yoga Guru, Cure for All Diseases, Medical Science RevolutionCourt Technologies IT Presentation Video ArgumentsArchiveDRT Solutions Weekly Mail for Borrowers & Guarantors   All India DRT Conference 2011 at IndoreArticle by Ram Kishan on Management & Technology in Indian JudiciarySARFAESI Securitisation Securitization Actar SA NPADRT Judgments Favourable / Useful to Borrowers  DRT Solutions - Site Map for Borrowers & GuarantorsTransform India with Modi-DRT Solutions Suggestions

Weekly Mails - 1-10  11-20  21-30  31-40  41-50  51-60  61-70  71-80 81-90 91-100 101-110 111-120 121-130 131-140 141-150 151-160 161-170 171-180 181-190 191-200 201-210 211-220 221-230 231-240 241-250 251-260  261-270  271-280 281-290 291-300 301-310 311-320 321-330 331-Latest

Expert in:- DRT, Counterclaim, securitization, , debt recovery tribunal, NCLT, BIFR, IPR matters

 

 

 

DRT Solutions Weekly Mail – 160th Issue dated 3rd June ’11

 

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

 

(1) Swami Ramdev’s Satyagrah   

 

In the history of mankind, we are witnessing such a gigantic public movement when tomorrow i.e. 4th June ’11, more than a lac persons will begin Satyagrah at Ram Lila Maidan in Delhi. Nearly 1 crore persons will stage Satyagrah before Collectors in District Head Quarters. More than 100 crores will watch the event in more than 150 countries.

The Indian Govt and its officials past 64 have only continued the system and procedures laid down by the British. Everybody was aiming at looting the public by creating hindrances at every point of public activity. This is how we have become one of the most corrupt countries in the world. Now since the intensity and pervasiveness of the corruption has reached the peak, it has become unbearable to the common man.

Swami Ramdev has been in touch with the public past 20 years. Past 5 years he has started voicing the various problems of the public. Past 9 months he travelled 1 lac kms by road from village to village and directly communicated with more than 10 crore persons.

The demands of the public voiced through Swami Ramdevji are:-

(1)    Black money deposited by the Indians in foreign banks (Nearly Rs. 400 lac crores) should be declared through Ordinance as  - ‘National Property’

(2)    Deposit / transfer of such money should be declared through Ordinance as – ‘National Crime’

(3)    There should be time bound program to bring back the said black money.

(4)    There should be fast track courts to decide the cases of corruption within one year.

(5)    Strong Lok Bill be finalized within the declared schedule.

(6)    Engineering, Medical and all other professional courses be conducted in Hindi and other regional languages so that children of 80% Indians living in villages are not handicapped on account of English medium of education.

Send Miss call at 02233081122 to get latest news on the Satygrah through SMS.   

 

This service is totally free. As soon as you send the above miss call, you will get latest update on the Satyagrah through SMS on your mobile.

(2) OA Dismissal during the pendency of Action initiated under Securitisation Act   

 

Recently we have prepared an application on the above topic and the same is attached for information of recipients of the weekly mails.

(3) Importance of Proper Pleadings in DRTs    

 

We are getting many cases where proper pleadings have not been prepared and the case has been spoilt in DRT. Under such situation when the party comes to us, it becomes extremely difficult to repair the damages. Initial pleadings are just like foundation of a multi-storeyed building. If the foundation is defective and stories upto top has been built, after some time the entire building will have to be demolished.

In order to achieve proper pleadings, we have been emphasizing the following:-

(a)    Pleadings must be prepared by a person having mastery of facts (i.e. banking, industry and finance) and mastery of law (i.e. Constitution, pleadings, DRT Act, Securitisation Act, other banking laws, RBI Guidelines, torts, damages, Principles of Natural Justice, CPC, evidence, limitation etc.)

(b)    Prominent DRT Advocates are extremely busy and hence they don’t have time to prepare the pleadings with above requirements. Other advocates do not have the requisite knowledge.

(c)    On account of above problems, we have evolved a model and organization by which proper pleadings are prepared and on account of experience, expertise a specialization, all guidance and advice are provided during the court battle.

(d)    Since the DRTs, DRT Act and Securitisation Act are under constant development, we have evolved many innovative solutions. We have been the pioneers in Counter-claims, damages and complete strategy in various aspects of DRT Act and Securitisation Act. That is why our clients and their advocates have been keen to attend our Bi-annual conferences. Our weekly mails have been very popular as we provide the latest practical knowledge.

(e)    These aspects need to be kept in mind if one desires to win bank litigations in DRTs.

(4) It’s a Man’s World?    

Mr. Firoz Poonawalla has send the following interesting observation:-

India now ruled by………………………….

Amma in South (Jayalalitha)
Didi 
in East;(Mamata Banerjee)
Bhenji
 in North; (Mayawati)
Aunty
 in the Capital;(Sheila Dikshit)

Madam in Center; (Sonia)
Nani 
on top (the president) 

"Wife At Home" 
And yet people say.. It’s a Man's World?

horizontal rule


 

DRT Solutions Weekly Mail – 159th Issue dated 27th  May’11

 

(1) OA (if existing) becomes Infructuous the moment Notice under Sec 13(2) is issued   

 

We have come across a matter where the OA (Original Application) under DRT Act was existing and the lender invoked notice u/s 13(2 of the Securitisation Act). Our view is that we should put up a case for dismissal of the OA due to its becoming infructuous on account of following reasons:-

 

1.       The  SARFAESI Act 2002 is a complete code in itself. In the scheme of this Act, the debt due is already determined by the lender and then the matter comes to the court of law i.e. DRT by way of SA filed by the borrower. On the other hand in the scheme of the DRT Act, the OA is filed by the creditor requesting the DRT to determine the debt due by way of issue of the Recovery Certificate.

2.       The SARFAESI ACT, 2002 is a special statute, enacted by the legislation for recovery of dues by the banks and financial institutions, without the intervention of the court or the Tribunal. However by the provisions of Section 13(10) of the said Act of 2002, an original application is provided to be filed by Banks / Financial Institutions, only when the dues of the secured creditors are not fully satisfied with the sales proceeds of the secured assets, under the provisions of the Act 2002, for recovery of the balance amount from the borrower.

3.       Thus when matter is going on through OA in the DRT, it means that the DRT will first determine the ‘Debt Due’ which if found will result into R.C. (i.e. Recovery Certificate) which will be executed by the Recovery Officer of the DRT. Thus just before arriving at the RC, if the lender decides to invoke the Securitisation Act, it means that the debt due has already been determined and the proceedings before DRT become infructuous.

4.       Under the above facts and circumstances, we should file an application before DRT for dismissal of the OA.

 

 

(2) Use of iPad (i.e. Tablet PC) in Court of Law   

 

At page 1 of the ET, Mumbai dated 26.05.11, headline of a news item is “Asif Balwa gets iPad” wherein it is stated that the Delhi High Court has allowed Asif Balwa, an accused in the 2G spectrum scam access to an iPad in prison to read the chargesheet filed by the CBI against him. This was in response to the prayer made in the writ petition wherein it was submitted that the chargesheet and the documents filed by the CBI ran into over 85,000 pages. It was argued by his counsel that – “It is not feasible for the applicant to take 85,000 pages along with him in judicial custody and make notes for briefing his counsel and again in the morning carry those 85,000 pages to the court room.” It was further argued that because of the accused’s inability to carry the voluminous documents, the accused would be unable to defend himself effectively and hence it would be a violation of of Article 21 and 39A of the Constitution.” Accordingly the court ordered that an iPad containing the chargesheet be handed over to the law officer of Tihar Jail.


 

Our Comments   

 

We have started using a Tablet PC since Dec ’10. It has all the files of our clients, complete web site including all the weekly mails, all important judgments, articles, news item, pictures, video and audio files etc . If I have read any material, I shall first load in the Pad and the read the same while walking inside the house. This way I have added a walk more than 10 Km/s per day. Where ever I go, I carry my Pad and use it extensively during the discussions or study during the free or waiting periods. We have been advising our clients to use this device during discussions with their advocates. We are also popularizing the same among the senior advocates as it will eliminate the huge no of books and files to be carried in the court room or the home.

 

 

(3) Re-examining the Scope of Art 136 i.e. SLP in the Supreme Court

 

On this topic, an useful article from the internet is reproduced below:-

By Jasleen K. Oberoi And Bahaar Dhawan

May 25, 2011

 

http://barandbench.com/brief/3/1494/re-examining-the-scope-of-article-136-

 

The Supreme Court last year in Mathai vs. George (2010) & Anr. had sought for constitution of a Constitution Bench to issue guidelines and decide on the scope and qualifications on entertaining Special Leave Petitions under Article 136 of the Constitution. This reference was  long awaited, and much needed in the present judicial scenario where the apex court of the country is being crushed under an overwhelming backlog of cases majority of them being Special Leave Petitions under Article 136. Consequently, the apex court is increasingly being treated as a court of appeal. Article 136 today has become a hit and trial method for obtaining relief with dissatisfied litigants seeking to challenge each and every order all the way up to the Supreme Court.

 

Though in catena of earlier judicial pronouncements the Supreme Court has opined time and again that due diligence of the case must be exercised to determine if it is fit for warranting the apex court’s interference. However, in the last decade, the exercise of this power by the Supreme Court has been far from moderate.

 

This State of affairs stem from the fact that whilst the inherent discretionary power under Article 136 is wide and Article 136 does not expressly define the limitations on the exercise of this power or mention the circumstances under which special leave to appeal can be granted.

 

The predicament is inherent in the power conferred to the Supreme Court under Article 136, which is of a plenary nature as there are no words in Article 136 itself qualifying this power. In the absence of any conclusive pronouncement (statutory or judicial) on how this discretion is to be exercised, there has been no uniform standard followed by the Supreme Court in admitting Special Leave appeals.

 

In Mathai (Katju and Lodha, JJ.), the Supreme Court has noted that while seeking a reference of this issue to a Constitution Bench, Article 136 does not expressly define the limitations or fetters on the exercise of the discretionary power conferred on Supreme Court under this Article and the increased indulgence of the judiciary has converted the Supreme Court into an ordinary appellate court even though this power was only envisaged to be a residual in nature. This was never the intention of the Constitution. While discussing the scope of Article 136, the Supreme Court had observed that it has been vested with wide powers to grant special leave to appeal from any judgment, decree, determination, sentence or order, in any cause or matter, passed or made by any Court or Tribunal, in the territory of India. This power of the Supreme Court, though discretionary and clearly wide in its ambit, was intended by the framers to be used sparingly in exceptional cases. It held further that “The Supreme Court as the apex court in the country was meant to deal with important issues like constitutional questions, questions of law of general importance or where grave injustice had been done… After all, the Supreme Court has limited time as its disposal and it cannot be expected to hear every kind of dispute".

 

In order to bring about a conclusive regime under Article 136 and attempting to resolve the state of affairs, the Supreme Court in the matter of Mathai also quoted lecture delivered by K.K. Venugopal, wherein he had enlisted a category of cases that may be allowed to be heard in a Special Leave Petition : (i) All matters involving substantial questions of law relating to the interpretation of the Constitution of India ;(ii) All matters of national or public importance;  (iii)Validity of laws, Central and State; iv)After Kesavananda Bharati, [(1973) 4 SCC 217], the judicial review of Constitutional Amendments; (v)To settle differences of opinion of important issues of law between High Courts;(vi) where the Court is satisfied that there has been a grave miscarriage of justice and (vii) where a fundamental right of a person has prima facie been violated (the last two grounds have been added by the bench).

 

Undoubtedly, the decision on Scope of Article 136, as and when passed will be a much needed respite in view of the mounting arrears, however, how far this decision will ultimately aid in providing a practical solution, would be hard to predict. The present is not the first case where the Supreme Court has attempted to harness the ambit of Article 136. As far back as in 1950, an attempt was made by the Constitutional Bench in Pritam Singh vs. State to define and limit the scope of Article 136. The court  held that "The only uniform standard that can be laid down in the circumstances is that Court should grant special leave to appeal only in those cases where special circumstances are shown to exist…”. Evidently, this Constitution Bench decision has done little or nothing to curb the widespread use of Article 136 as it did not really set out clear and defined limits of Article 136. Therefore, the need of the hour is to formulate a holistic, carefully analyzed and precise set of guidelines indicating the scope of cases in which special leave to appeal, may be entertained.

 

A well crafted Constitutional Bench decision will not only go a long way in bringing about uniformity in standards of admitting Special Leave Petition and checking litigation which need not be contested all the way to the Supreme Court, but will also relieve the Supreme Court from being further choked with cases that do not merit the Supreme Court’s consideration under Article 136. Needless to say, the judges themselves will have to refrain from being seduced by the quixotic temptation to right every fancied wrong which may parade before them.

 

Although, the reference is a step in the direction, it remains to be seen if the Constitution Bench, successfully manages the tight rope task of setting guidelines for entertaining Special Leave appeals, which while retaining the plenary nature of the power under Article 136, would encapsulate the intent of the Constitution makers that Article 136 is to come into play only in exceptional cases. The moot point still remains whether another Constitution Bench decision will help in bringing about this balance. But till such time as this decision comes, one can only hope that guidelines as when issued will be exhaustive and not be treated as mere pious wishes as has been the case with the earlier Constitutional Bench decisions on the scope of Article 136.

 

Jasleen K. Oberoi is a Principal Associate and Bahaar Dhawan is an Associate at Amarchand & Mangaldas. Jasleen specializes in Corporate Litigations, Commercial Arbitrations, Mergers and Acquisitions and General Corporate Advisory Practice


 

Our Comments   

 

(a)    The Supreme Court of India is highly overloaded and the pendency is going up day by day. Its disposal rate is perhaps highest in the world. In 2007, it dealt with about 57,000 requests for cases pertaining to Art 136 and agreed to hear 6,900 of them. It managed to decide 5,000 cases in regular hearing in the same year. Compare these statistics with the fact that in its 2009 term, the US Supreme Court disposed of 77 cases. The UK Supreme Court has handed down a total of 89 decisions since its constitution in October 2009; while the South African Constitutional Court delivered a total of 28 decisions in 2010. Even during the British days, the Federal Court heard only 100 cases in its entire existence of 12 years. Appeals were allowed in the said Federal Court against the certificate issued by the high courts.

(b)    One can easily conclude that due to such hurry, quality of many judgments must have suffered very badly. Such badly decided cases will become the law for the lower courts creating lot of instances of injustice for time to come.

(c)    On account of the said hurry many of the genuine cases would have not been entertained creating a feeling of injustice about the highest court of the country. It has shaken confidence of citizens about the judiciary as a whole. More so when as much as 6 Chief Justices of India have been labeled as highly corrupt. Recently even a bench of SC has stated that 80% of the lower court judges are corrupt.

(d)    The model as above set up by the Supreme Court has spoilt the High Courts and the bottom courts including Tribunals in the country. They also have started quick disposal and hence the quality of judiciary in the entire country has become highly doubtful. It is one of the major reason for rampant corruption in the country including judiciary itself.

(e)    There is huge pendency of more than 3 crore cases in the country. Justice Rao, a sitting judge of Andhra Pradesh High Court has stated that it will take 320 years to clear the pendency. Policy of ‘Low Cost Justice to All Citizens” is patently hollow and impossible to achieve.

(f)      On account of above reasons only past more than 10 years we have been advising the litigants to involve themselves and concentrate only on thorough and perfect trial in lower courts and to avoid as far as possible going to High Courts and Supreme Court. If it becomes unavoidable, one should examine the facts which should be duly supported by affidavits. If there is any error in the affidavit, it should be immediately objected upon and the cross examination of the person concerned must be insisted. The litigants must use best possible management practice combining with latest technology to help their counsels.

(g)    Bank Litigations in DRTs can be won by the borrowers keeping in view all the above aspects. It is needless to mention that the entire process is highly time consuming, costly and long drawn and more so when the bank will fight upto Supreme Court as it is not bothered about the time and cost.

 

(4) Drinking Water on Empty Stomach will cure Many Diseases

 

Mr. Sudhir Bindal, one of our clients from Indore has sent the following useful piece:-

 

“DRINK WATER ON EMPTY STOMACH  It is popular in Japan today to drink water immediately after waking up every morning. Furthermore, scientific tests have proven  its value.. We publish below a description of use of water for our readers. For old and serious diseases as well as modern illnesses the water treatment had been found successful by a Japanese medical society as a 100% cure for the following diseases:

Headache, body ache, heart system, arthritis, fast heart beat, epilepsy, excess fatness, bronchitis asthma, TB, meningitis, kidney and urine diseases, vomiting, gastritis, diarrhea, piles, diabetes, constipation, all eye diseases, womb, cancer and menstrual disorders, ear nose and throat diseases.

METHOD OF TREATMENT

1. As you wake up in the morning before brushing teeth, drink 4 x 160 ml glasses of water

2.. Brush and clean the mouth but do not eat or drink anything for 45 minute

3. After 45 minutes you may eat and drink as normal.

4. After 15 minutes of breakfast, lunch and dinner do not eat or drink anything for 2 hours

5. Those who are old or sick and are unable to drink 4 glasses of water at the beginning may commence by taking little water and gradually increase it to 4 glasses per day.

6. The above method of treatment will cure diseases of the sick and others can enjoy a healthy life.

 

The following list gives the number of days of treatment required to cure/control/ reduce main diseases: 1.     High Blood Pressure (30 days) 2.     Gastric (10 days) 3.     Diabetes (30 days) 4.     Constipation (10 days) 5.     Cancer (180 days) 6.     TB (90 days) 7.    Arthritis patients should follow the above treatment only for 3 days in the 1st week, and from 2nd  week onwards – daily.

 

This treatment method has no side effects, however at the commencement of treatment you may have to urinate a few times.

 

It is better if we continue this and make this procedure as a routine work in our life. Drink Water and Stay healthy and Active..

 

This makes sense .. The Chinese and Japanese drink hot tea with their meals ..not cold water. Maybe it is time we adopt their drinking habit while eating!!! Nothing to lose, everything to gain...

 

For those who like to drink cold water, this article is applicable to you.

It is nice to have a cup of cold drink after a meal.  However, the cold water will solidify the oily stuff that you have just consumed. It will slow down the digestion.

 

Once this "sludge" reacts with the acid, it will break down and be absorbed by the intestine faster than the solid food.. It will line the intestine.

Very soon, this will turn into fats and lead to cancer. It is best to drink hot soup or warm water after a meal.

 

A serious note about heart attacks: ·        Women should know that not every heart attack symptom is going to be the left arm hurting, ·        Be aware of intense pain in the jaw line. ·        You may never have the first chest pain during the course of a heart attack. ·        Nausea and intense sweating are also common symptoms. ·        60% of people who have a heart attack while they are asleep do not wake up. ·        Pain in the jaw can wake you from a sound sleep.. Let's be careful and be aware.. The more we know, the better chance we could survive...

 

A cardiologist says if everyone who gets this mail sends it to everyone they know, you can be sure that we'll save at least one life..

horizontal rule


 

DRT Solutions Weekly Mail – 158th Issue dated 20th May’11

(1) Supreme Court stays further action under SARFEASI Act in respect of Co-operative Bank cases in DRTs   

 

Mr. Bharat Gandhi, Advocate, Mumbai has informed that in respect of the parties whose cases are pending in DRTs, if one approaches the Supreme Court under Art 32 of the Constitution, the Supreme Court is issuing ex-parte stay orders restraining further action under the SARFEASI Act. The matters are tagged with the case of Khaja Industries in respect of which the vires of notification issued by the Central Govt of 2003 by which the co-operatives banks are invoking provision of SARFEASI Act. Mr. Bharat Gandhi has obtained such stays in few cases recently.

 

Our View   

 

PIL may be filed in Supreme Court requesting issue of general order to save time and cost in individual cases. In fact the whole matter of Co-operative Banks is under consideration with the Supreme Court and the Govt. for several years and hence why the individual parties should be burdened with additional time and cost in obtaining such stays. Till such PIL is filed and order obtained,  one has to continue to approach the SC for individual cases.
 

(2) OA not maintainable if SA is pending

 

Consequent on enactment of DRT Act 1993, the banks are required to file OA (Original Application) in the DRTs for the recovery cases beyond Rs. 10 lacs. The purpose of the OA is to determine the debt and issued RC (Recovery Certificate) which is akin to a decree issued by a civil court. The said RC is then executed by the Recovery Officer.

 

In 2004, the Securitisation Act was enacted. According to the said Act, the banks carried out adjudication of the debt due in their Internal Court (called Internal Mechanism) and issue notice under sec. 13(2) of the said Act. This means that the debt was determined by the bank and the said notice  was akin to the RC or the decree before execution. The borrower has right to prefer appeal u/s 17 of the said Act in DRTs.

 

The banks started using the new power under the Securitisation Act with greater vigour and the DRTs were flooded with SAs and the OAs were considerably reduced.

 

On account of misuse of the said new power, the borrowers started questioning the arbitrary declaration of NPAs, mistakes in the debt due, mistakes in the securities etc as well as the borrowers started including their claims for loss and damages in the SAs. Further the higher public servants like the Chairmen and Managing Directors were also impleaded in the said SAs. The attempts of the secured creditors in obtaining ex-parte orders for physical possession from the CMM or DM were foiled by filing caveat before the said Magistrates. On account of such complications, the secured creditors appear to have lost interest in the said new power under the Securitisation Act.  

It is now observed that when a knowledgeable borrower comes up with complete defence as described above, the secured creditors file OA in DRTs. Obviously it is a retrograde step and the said OA is not maintainable due to various reasons given above.

 

In fact, the DRTs have proven to be a double edged sword for the secured creditors. It was thought by them that due to expeditious procedures of the Tribunal, their debts will be recovered faster but now their wrong doings are coming to light for adjudication much faster compared with the civil courts.

 

It would have been more prudent to improve the civil courts rather than devise new courts like DRTs which will now take much more time than the civil court as the injustice caused to the borrowers will come to light much earlier and as a result the secured creditors will be subjected to much greater scrutiny. Side by side in absence of well defined procedure, time will be consumed in evolving proper procedures which ultimately will be like CPC (Civil Procedure Code) which took more than 100 years to evolve. Our judiciary has not learnt anything from the experience of Tribunals in UK where it took 157 years to find an ultimate solution by the Frank Committee.

 

(3) Interesting Utterances of Indian Judiciary

 

Mr. S.W. Ambekar, our long time acquaintance since 1969 have sent interesting extracts from various  articles about the utterances of the Judges of the Supreme Court of India as under:-

 

(a) Chief Justice of Supreme Court Y.K. Sabharwal while reprimanding the J.K. Bar Association to deny legal aid to the defendants said “It is only in India that despite these comments (which were - “that sex scandal showed the entire world the real face of India in Kashmir”) you are being heard. In no other democracy will it be heard.”

 

(b) Advocate Venugopal said that disqualifying Jaylalitha would be against the will of the people which is supreme in democratic polity. On this Supreme Court said – “People’s mandate cannot be more than constitution. We are not concerned with mandate of the people. Constitution is supreme that is what we are interpreting, not the people’s mandate”

 

(c) In JMM bribery case in which Prime Minister P.V. Narasimh Rao & others were involved, Justice Jas Pal Sing on 12.09.97 said “Power intoxicates the best hearts as the wine the strongest heart. But nobody can thrive on corruption. A Prime Minister must not sustain his power and position on the clutches of corruption.”    

 

(4) The Final Inspection

 

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


The Soldier stood and faced God,

Which must always come to pass.

He hoped his shoes were shining,

Just as brightly as his brass..


'Step forward now, Soldier ,

How shall I deal with you?

Have you always turned the other cheek?

To My Church
 have you been true?'

The soldier squared his shoulders and said,

'No, Lord, I guess I ain't.

Because those of us who carry guns,

Can't always be a saint.


I've had to work most Sundays,

And at times my talk was tough.

And sometimes I've been violent,

Because the world is awfully rough.


But, I never took a penny,

That wasn't mine to keep...

Though I worked a lot of overtime,

When the bills got just too steep.


And I never passed
 a cry for help,

Though at times I shook with fear..

And sometimes, God, forgive me,

I've wept unmanly tears.


I know I don't deserve a place,

Among the people here.

They never wanted me around,

Except to calm their fears


If you've a place for me here, Lord,

It needn't be so grand.

I never expected or had too much,

But if you don't, I'll understand.

There was a
 silence all around the throne,

Where
 the saints had often trod.

As the Soldier waited quietly,

For the judgment of his God.

'Step forward now, you Soldier,

You've borne your burdens well.

Walk peacefully on Heaven's streets,

You've done your time in Hell.'

Author Unknown~

It's the Soldier, not the reporter 
Who has given us the freedom of the press.

It's the Soldier, not the poet, 
Who has given us the freedom of speech.

It's the Soldier, not the politicians 
That ensures our right to Life, Liberty and the Pursuit of Happiness...

It's the Soldier who salutes the flag, 
Who serves beneath the flag, 
And whose coffin is draped by the flag.

If you care to offer the smallest token of recognition and appreciation for the Military, 
Please pray for our men and women 
Who have served and are currently serving our country 
And pray for those who have given the ultimate sacrifice for OUR freedom.....
THEIR LIFE

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 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 9 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.

horizontal rule

 

DRT Solutions Weekly Mail – 157th Issue dated 13th May’11

(1) DRT is a Trial Court, not a High Court – Important Issues 

On account of near total absence of experienced trial lawyers, the young lawyers adopted the practices of the High Courts in DRTs. Our observations and comments are as under:-

(a)    DRT is a trial court i.e. a court of facts whereas the High Court is a court of law.

(b)    The High Court adjudicates on the facts already judicially determined whereas the DRT has to determine the facts first and apply law on the facts so determined.

(c)    There is nothing like admission of a case in DRT being a trial court. On the other hand, the case may be decided at the admission stage itself in the High Court.

(d)    In High Court, certain facts may be proved by affidavit but if the affidavits are found containing disputed facts, the trial has to be conducted. In DRT, first the facts are to be discovered with the tool of inspection of documents. The facts may be proved by affidavit but in case of controversy (which happens in almost all the cases as the bankers usually deny the facts pleaded and proved by the borrowers) cross-examination is a must. Hence one should never initiate any proceedings in High Court as the cross examination of the opposite party in the matter of controversial affidavit is generally not conducted in the High Court.

(e)    Once court fee has been paid e.g. in SA in DRT, there should not be any deposit. The status quo should be maintained till the SA is decided. It is advisable for the borrowers to file their claim for loss and damages in the SA itself for the simple reason that since the lender goes for total recovery, the borrower is also entitled for total defence. Since as per sec 34 of the Sec Act, proceedings in the civil court are barred, the loss and damages suffered if any (in fact it happens in all the cases due to wrong doings committed by the lenders) All such claims can not be raised in High Court.

(f)      Once proceedings of SA has commenced, the initiation of additional recovery action through OA is not maintainable. This matter has to be fought by the borrowers.

(g)    The provision of 25% minimum deposit in Appeal is constitutionally invalid and is required to be fought by the borrowers.

(h)    In view of above provisions and complications, we have all along been advising all our clients to fight a perfect and thorough battle in DRT itself as the battle in higher courts have been rendered extremely difficult.

(i)      First requirement for the above mentioned perfect battle is perfect pleadings which should be prepared only by persons having mastery of facts (relating to banking, industry and finance) and mastery of law ( relating to banking, industry, finance, RBI Guidelines, pleadings, torts, damages, evidence etc) The day to day court battle should be fought only by experience trial lawyer ( who has a real trial experience borne out of many successful trials)

(j)      On account of above, we have been emphasizing the empowerment of our clients so that they in turn can interact and guide their advocates.

(k)    Since there are more than 3 crore cases pending in the Indian Courts and number of incoming cases are more than the cases disposed, the pendency will continue to grow. The Andhra Pradesh sitting judge Mr. Rao has stated that it will take 320 years to clear the pendency. The Delhi High Court judge has stated that Indian courts are 466 years behind. All these indicate that if the DRT battle is fought properly and thoroughly in DRT itself, it should take 20 to 30 years.

(l)      The bankers have already lost interest in DRTs as they could win only small cases from poor borrowers but not from the bigger borrowers who are giving them very good fights. The bankers’ chances are remote if they have failed to revive the unit and instead rushed to the court. In such cases knowledgeable borrowers files his claim for loss and damages (as in SA) or counter-claim ( as in OA) and impleads the Chairman and higher officials of the bank.

(m)  The bankers chances of winning will be further dimmed when the DRTs are transferred from Ministry of Finance to Ministry of Law. It will be further dimmed if the constitutional illegalities in the DRT Act and Sec Act are removed by proper legislations.

(n)    All above will require several years and hence future benefits will only accrue to those who fight their battles thoroughly in DRTs only. This is simply not possible if any battle is commence in High Courts. 

(2) Damages due to Defamation and Wrong Doings of Excise Deptt. 

Recently one of our acquaintances faced a serious problem due to collusion between his past rival, a Media Moghal  who used a higher official of Excise Deptt to act against the said person. They used print media to defame him. He had lot of activities among public and social sector. The plan was to arrest and put him into jail. On account of continuous publicity, the anticipatory bail was refuse in Sessions Court as well as in High Court.

The said person described his problem to us. We prepared an exhaustive legal notice against the said excise official and the excise deptt claiming loss and damages of Rs. 1226 crores. It had a salutary effect. The adverse media publicity immediately stopped. The said excise official was transferred. Now at proper time, damage suit for the said amount of Rs. 1226 crores will be filed against the excise deptt.

We have now got few cases of atrocity committed by the Excise officials. In one of the cases, they harassed a SSI owner and their employees by conducting illegal investigations for 2 days daily from 2:30 PM to 4 AM in the night and they illegally sealed the factory. Even after 2 months of investigation, when they could not find any incrimination document, they desealed the factory after 2 months. For all the wrong doings of the excise officials, we have sent a legal notice claiming loss and damages of Rs. 138 lacs.

Few more persons who have harassed and tortured by the excise officials have approached us and it may that few more notice for claiming loss and damages will have to be sent to the excise deptt.

Perhaps for the first time in the country excise deptt is going to face such damage cases.

A separate page has been opened in our web site where above content has been given vide link http://www.drtsolutions.com/excise.htm   

(3) Damages due to Illegal Demolitions 

Recently we observed that about 1200 houses in a colony in Jabalpur have been demolished by the Corporation as the said colony was created on a govt land. So far suffers have approached the High Court only but without any relief.

Our view is that it is a fit case for filing damages against the Corporation and Govt officials who sanctioned the plan, gave completion certificates, were taking taxes, sanctioned electric connection etc etc.

We made similar suggestions in 2002 when a multistoried complex was demolished in Indore but none came forward but we feel now that some of the above 1200 houses, some one may approach us. 

(3) Are You God’s Wife? 

Mr. Firoz Poonawalla has sent the following touching story of a poor child who innocently uttered above words:- 

An eye witness account from New York
City , on a cold day in December, 
some years ago: A little boy,
about 10-years-old, was standing before a shoe store on the
roadway, barefooted, peering through the window, and shivering
With cold.

A lady approached the young boy and said,
'My boy, you're in such deep thought staring in that window!'

'I was asking God to give me a pair of
shoes,  was the boy's reply.

The lady took him by the hand, went into
the store, and asked the clerk to get half a dozen pairs of socks
for the boy. She then asked if he could give her a basin of water
and a towel. He quickly brought them to her.

She took the little fellow to the back
part of the store and, removing her gloves, knelt down, washed
his little feet, and dried them with the towel. 

By this time, the clerk had returned with
the socks.. Placing a pair upon the boy's feet, she purchased him
a pair of shoes..

She tied up the remaining pairs of socks
and gave them to him. She patted him on the head and said, 'No
doubt, you will be more comfortable now.'

As she turned to go, the astonished kid
caught her by the hand, and looking up into her face, with tears
in his eyes, asked her.
'Are you God's wife?'

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 9 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.

Note- This mail has been prepared and published from Sagar where Mr. Ram Kishan stayed from 6th morning to 13th evening May '11.

horizontal rule



 

DRT Solutions Weekly Mail – 156th Issue dated 5th May’11

 

(1) Borrowers having cases in DRT Jabalpur should write to Ministry of Finance as per the Draft Letter given below 

One of our clients at Indore has sent us following draft letter which should be written by the Borrowers and Guarantors having cases in DRT Jabalpur. It will help them immensely. The said letter seeking relevant information under the RTI Act  is self explanatory. Please spread this message to all known persons who are having cases in DRT Jabalpur:-

 

SPEED POST

May     ,  2011 

To,

The Central Public Information Officer (RTI Act),

Government of India,  Ministry of Finance,

Department of  Financial Services,

Jeevandeep, Sansad Marg,

NEW DELHI 110 001 

Dear Sir, 

Sub:  INFORMATION UNDER RIGHT TO INFORMATION ACT 2005 

I seek the following information and certified Xerox copies of documents pertaining to the same for the following: 

01.    What is the qualification required for appointment as  Presiding Officer of  Debt Recovery Tribunal (DRT), Jabalpur? 

02.    What is the qualification of the current Presiding Officer of DRT, Jabalpur, Ms. M.G. Padmini and whether it meets the criteria required for being the DRT Presiding Officer ? 

03.    A meeting was held on 05.05.10 at Jabalpur regarding strike at DRT, Jabalpur, by the lawyers, against the working of the Presiding Officer of DRT, Jabalpur Ms. M.G. Padmini, under the aegis of  Justice J Malik, Chairman, DRAT which was attended by amongst others, Mr. V.P. Bhardwaj, Director (DRT), DFS, New Delhi, Mr. Amreek Singh, Under Secretary of the Government of India, Ministry of Finance alongwith the Collector, Jabalpur, S.P. Jabalpur and Lawyers of M.P. High Court Bar Association, District Bar Association, DRT Bar Association.  This meeting was regarding transferring of present Presiding Officer of DRT, Jabalpur Ms. M.G. Padmini.  In the meeting the Chair Person along with  Representatives of the Finance Ministry assured the Lawyers that the Presiding Officer will be transferred within some time and the lawyers asked to resume the work at DRT on the basis of the aforesaid assurance. 

I seek all the documents regarding the Memos / Minutes and discussions held during this meeting and the documents pertaining to action taken  during  & subsequent to this meeting.

04.    I also seek certified Xerox copies of the complaints regarding functioning of DRT’s and DRAT’s filed with the Ministry of Finance,  in general and for DRT, Jabalpur in particular I also seek copies of the redressal / reply by Ministry of Finance regarding the said complaint. 

05.    I also seek certified Xerox copies of specific complaints received against the present Presiding Officer, DRT, Jabalpur Ms. M.G. Padmini from Lawyers, Corporates, individuals  and public in general.                                                                 

06.    The undersigned would like to bring to your notice that the DRT’s & DRAT’s are functioning unconstitutionally under Ministry of Finance.  The Question of Judicial Independence, appointments, safety of tenure, termination,  funding for salaries, benefits and facilities were examined by the Constitutional Bench of Hon’ble Supreme Court of India in Union of India Vs R. Gandhi, President Madras Bar Association and Union of India (2010 INDLAW SC 405 = 2010 (4)  Supreme 193).  The said judgement states in 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 department. 

In violation and in Contempt of Hon’ble Supreme Court Constitutional Bench Judgment, Ministry of Finance still maintains Administrative control of DRT & DRAT. 

Please provide documents on  action  taken about implementation of the above Hon’ble Supreme Court Judgment by Ministry of Finance  since May 2010  - when the above judgment was delivered. 

07.    If the implementation of the Supreme Court judgment is under active consideration then what is the time period and deadline decided to transfer DRT & DRAT’s  to Ministry of Law & Justice from Ministry of Finance.  Please provide copies of Memos, Minutes & other documents pertaining to the same. 

08.    Please provide details of as to why the DRT’s and DRAT’s are still functioning under the Ministry of Finance, in violation of Hon’ble Supreme Court orders.  Please provide copies of Memos, Minutes if any meeting has been held to discuss the matter. 

09.    Please provide details of as to why the Presiding Officers of Debt Recovery Tribunals & DRAT’s continued to be appointed by Ministry of Finance.  Please provide copies of Minutes, Memos, documents on discussions on the same. 

10.    In case the implementation of Hon’ble Supreme Court Judgment is under active consideration why the present functioning of DRT’s & DRAT’s not being suspended till the time the functioning of DRT’s & DRAT’s is transferred to Department of Justice Ministry of Law & Justice.  Please provide copies of relevant documents. 

11.    I understand that substantial number of complaints have been received on the subject of functioning of DRT’ and DRAT’ by Ministry of Finance.  I seek copies of all the complaints and redressal / reply by the Ministry. 

Please let me know the amount to be remitted for certified Xerox copies of the above referred documents and copies of complaints by Speed Post

Enclosed please find herewith Postal Order No.  - - - - - for Rs. 10/- for application fees. 

Thanking you,

 

Yours sincerely, 

(2) Inspection of Bank Documents – one of the Most Important stages in DRT Litigations 

One of our clients from Nagpur has informed that in his case Bombay High Court has asked the Bank to provide inspection of Bank Documents. Earlier we have informed that in case of one of our clients from Indore, the DRAT Allahabad ordered the Bank to provide inspection of Bank Documents. Thus by and by, the higher courts above DRTs are ordering the required inspection. It is needless to mention that at trial stage of Bank litigations in DRTs, this is one of the most important stages to discover the fact. All the borrowers must study the pleadings and prepare the list of material bank documents. It is needless to mention that person having expertise in bank documents and related laws should be consulted and then proper list prepared asking the bank to keep the certified copies ready before the inspection. The original and certified copies be compared during the inspection. Later the certified copies be studied by experts and if necessary pleadings amended. The next important stage is cross-examination of bank officials, which again has to be carried out by experts in banking and evidence. With such approach only and presuming proper counter-claim has been made, borrowers can hope to win the bank litigations.

(3) Lesson to be learnt from Girraffes 

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

“BABY giraffes never go to school. But they learn a very important lesson rather early in life. A lesson that all of us would do well to remember.  

The birth of a baby giraffe is quite an earth-shaking event. The baby falls from its mother's womb, some eight feet above the ground. It shrivels up and lies still, too weak to move.  

The mother giraffe lovingly lowers her neck to smooch the baby giraffe. And then something incredible happens. She lifts her long leg and kicks the baby giraffe, sending it flying up in the air and tumbling down on the ground. As the baby lies curled up, the mother kicks the baby again.  And again. Until the baby giraffe, still trembling and tired, pushes its limbs and for the first time learns to stand on its feet.  Happy to see the baby standing on its own feet, the mother giraffe comes over and gives it yet another kick. The baby giraffe falls one more time, but now quickly recovers and stands up. Mama Giraffe is delighted. She knows that her baby has learnt an important lesson: Never mind how hard you fall, always remember to pick yourself up and get back on your feet.  

Why does the mother giraffe do this? She knows that lions and leopards love giraffe meat. So unless the baby giraffe quickly learns to stand and run with the pack - it will have no chance of survival.  

Most of us though are not quite as lucky as baby giraffes. 

No one teaches us to stand up every time we fall. 

When we fail, when we are down, we just give up. 

No one kicks us out of our comfort zone to remind us that to survive and succeed, we need to learn to get back on our feet.   

If you study the lives of successful people though, you will see a recurring pattern. Were they always successful in all they did? No. 

Did success come to them quick and easy? No, no!  

You will find that the common streak running through their lives is their ability to stand up every time they fall. The ability of the baby giraffe!  

Have you heard about a young sales executive from Kolkata who dreamt about becoming an announcer on radio? He auditioned with All India Radio for a job. The authorities felt that he didn't have a particularly good voice and he was rejected. He refused to accept defeat and continued to chase his dream.  

He tried for a role in the movies. He got rejected. They thought he was too tall. 

He kept trying and got a few lucky breaks. But most of his early films flopped. 

He did not give up. He played an angry young man in a movie that became a super hit. And the failed radio announcer went on to become the country's biggest superstar - widely admired for his baritone voice! 

His name? Amitabh Bachchan.  

The road to success is never an easy one. There are several obstacles, and you are bound to fall sooner or later. 

You will hit a road block, you will taste failure. 

But success lies in being able to get up every time you fall. 

That's a critical life skill. And it's the habit of all successful people. 

Learning to win in life is quite like learning to ride a bicycle. 

As you start to ride, you might fall and get bruised. It doesn't matter. 

You need to get back up and continue to ride. 

Fall one more time? Get back up again. That's all it takes. 

Learn to get back up every time you fall.  

And just remember one more thing. Next time you find a friend or a parent kicking you, don't get upset with them. Like the mother giraffe, they may only be trying to teach you one of life's most important lessons.  

It doesn't matter how many times you fall. 

What matters is your ability to pick yourself up and stand on your feet once again. 

The finest steel has to go through the hottest fire...!

 ==============================================

Note- This mail has been preponed because Mr. Ram Kishan will be travelling from late evening of 5th to morning half of Friday the 6th May ’11.

horizontal rule

DRT Solutions Weekly Mail – 155th Issue dated 29th April ’11


 

(1) Rejoinder in DRT cases vis-a-vis inspection of documents

 

Recently one of our clients from Indore had an occasion to discuss his case with other advocates. The present state of the case was that the bank has submitted reply to the application filed under 17 of the Securitisation Act. The said advocates suggested that we should file rejoinder to the reply submitted by the bank and then the bank may file rejoinder from their side. The process may continue till both sides are satisfied.

Our view is that in bank litigations, the filing of rejoinder (as advised above) should be restricted to only rare cases where the bank has made completely new pleadings which has material impact on the case. The pleadings should be analysed and the best course of action should be to discover the material facts contained in the documents. The bank litigations are mainly based on documents and in our country all the documents are in possession with the banks. In order to save time, proper list of documents to be discovered should be made based on the pleadings. An application be made to the DRT to permit inspection of the documents. The bank be asked to prepare and keep ready certified copies of the said documents required for inspection. At the time of inspection, the said certified copies need by compared with the original copies and thus valuable time will be saved. The certified copies will also be valid for evidence if needed.

With the above approach, the correct pleadings will come to light, well defined controversies will be detected and hence proper adjudication will take place otherwise by the process of rejoinders, the case will be complicated and it will be very difficult to detect the controversies. In fact, in most of the cases, the pleadings are defective, arguments and legal aspects are wrongly included in the pleadings which correctly speaking should contain the facts and facts only and not the evidence.

(2) Stay awarded by DRT Hyderabad due to Prime Security being Agriculture Land and being utilized for agriculture purpose– matter of Application u/s 17 of the Securitisation Act  

 

Recently one of our clients from Bangalore having a case in DRT Hyderabad was awarded stay on 07.04.11 till the final disposal of the SA, against their application to defer all further proceedings in pursuance of the bank notice dated 08.01.11,  including the sale fixed on 29.03.11. The said stay has been based on the contentions that portion of the disputed property/lands are being utilized for the agricultural purpose and operations such as floriculture and production of cut roses. The PO was convinced that the applicants had made out a prima facie  case for the interim stay.

(3) Jan Lok Pal Bill – Historic Participation of Public in Legislation – Use and Impact of Modern Technology  

 

Mr. Himanshu Mehta, one of our clients from Mumbai has sent the following highlights of the Jan Lok Pal Bill proposed by the civil society. In our democratic history, this is the first legislation which is being proposed by the public and is destined to be finalized as such on account of use and impact of modern technology which has brought about the power of public as a whole.

JUST HAVE A LOOK...

See how Lokpal Bill can curb the politicians,

Existing System

System Proposed by civil society

No politician or senior officer ever goes to jail despite huge evidence because Anti Corruption Branch (ACB) and CBI directly come under the government. Before starting investigation or initiating prosecution in any case, they have to take permission from the same bosses, against whom the case has to be investigated.

Lokpal at centre and Lokayukta at state level will be independent bodies. ACB and CBI will be merged into these bodies. They will have power to initiate investigations and prosecution against any officer or politician without needing anyone’s permission. Investigation should be completed within 1 year and trial to get over in next 1 year. Within two years, the corrupt should go to jail.

No corrupt officer is dismissed from the job because Central Vigilance Commission, which is supposed to dismiss corrupt officers, is only an advisory body. Whenever it advises government to dismiss any senior corrupt officer, its advice is never implemented.

Lokpal and Lokayukta will have complete powers to order dismissal of a corrupt officer. CVC and all departmental vigilance will be merged into Lokpal and state vigilance will be merged into Lokayukta.

No action is taken against corrupt judges because permission is required from the Chief Justice of India to even register an FIR against corrupt judges.

Lokpal & Lokayukta shall have powers to investigate and prosecute any judge without needing anyone’s permission.

Nowhere to go - People expose corruption but no action is taken on their complaints.

Lokpal & Lokayukta will have to enquire into and hear every complaint.

There is so much corruption within CBI and vigilance departments. Their functioning is so secret that it encourages corruption within these agencies.

All investigations in Lokpal & Lokayukta shall be transparent. After completion of investigation, all case records shall be open to public. Complaint against any staff of Lokpal & Lokayukta shall be enquired and punishment announced within two months.

Weak and corrupt people are appointed as headsof anti-corruption agencies.

Politicians will have absolutely no say in selectionsof Chairperson and members of Lokpal & Lokayukta. Selections will take place through a transparent and public participatory process.

Citizens face harassment in government offices. Sometimes they are forced to pay bribes. One can only complaint to senior officers. No action is taken on complaints because senior officers also get their cut.

Lokpal & Lokayukta will get public grievances resolved in time bound manner, impose a penalty of Rs 250 per day of delay to be deducted from the salary of guilty officer and award that amount as compensation to the aggrieved citizen.

Nothing in law to recover ill gotten wealth. A corrupt person can come out of jail and enjoy that money.

Loss caused to the government due to corruption will be recovered from all accused.

Small punishment for corruption- Punishment for corruption is minimum 6 months and maximum 7 years.

Enhanced punishment - The punishment would be minimum 5 years and maximum of life imprisonment.

Spread it like fire; our Nation needs us. Please Contribute..

This is not just a forward, it’s the future of our Nation

 

 

(4) Enjoy Every Day & Live Life to the Fullest  

 

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

“TODAY IS THE OLDEST YOU'VE EVER BEEN, YET THE YOUNGEST YOU'LL EVER BE,


SO ENJOY THIS DAY WHILE IT LASTS AND LIVE LIFE TO THE FULLEST WHILE YOU CAN……..”

 

horizontal rule

 

DRT Solutions Weekly Mail – 154th Issue dated 22nd April ’11

(1) Legal Forum of India 

Copy of web page on ‘Legal Fourm of India’ as published on our web site vide link http://www.drtsolutions.com/legal_forum.htm is reproduced below:-

Legal Forum of India

The Indian Judiciary has huge pendency and is highly mismanaged as may be seen from the following facts:-

(1) Recently (vide news paper reports dated 02.04.11) the Supreme Court sitting judge G.S. Singhvi has said that 'Getting justice is a herculian job for common man - our system is miserably plagued by inordinate delay and exorbitant cost for getting justice. It is an irony that justice comes first in any civilized society but here even after six decades of the independence, we are still struggling with the idea of social justice.' In the same news item, Chairperson of the Rajasthan Bar council Mr. N.S. Choudhary said that cheap and easy justice is still a riddle in India, which amounts to the failure of Indian judicial system.    

(2) About an year back (vide news paper reports dated 07.03.10) Andhra Pradesh sitting judge Mr. V. V. Rao has said that there are more than 3 crore cases pending in Indian courts and it will take 320 years to clear the pendency.

(3) The well known Supreme Court Judge, Justice V.R. Krishna Iyer in his famous book 'Law, Lawyers and Justice' 1988 edition at page 133 had said that Indian Judiciary is backward by 200 years compared with developed nations.

(4) While all round judicial reforms are needed in  a comprehensive manner, we have mainly focused on improvement in management and application of modern technology in the Indian Judiciary. We have also spotted a practical area for implementation i.e. DRTs starting with defence of borrowers and guarantors. With such objectives we have held two All India Conferences at Indore i.e. first in May '08 and second in Jan. '11. under the banner of 'Legal Forum of India' The DVDs covering these conferences show the banners of 'Legal Forum of India' We have developed a method of 'Video Arguments' for the first time in the country. Our weekly Mails have become quite popular past two and half years.

(5) Now we intend to register the said body of 'Legal Forum of India' We have prepared the prescribed form of Registration. The same is reproduced below. Kindly go through the same and offer your suggestions through mail. Within a week we intend to register the said forum:-

FORM-I

(See Rule 3)

Memorandum of Society for Registration of societies

1.         The Name of the Society shall be LEGAL  FORUM  OF  INDIA 

2.         The Head Office of the society will be situated at  Indore, in Tehsil of the Indore District and its web address will be www.drtsolutions.com/legal_forum.htm and postal address will be 402, Samavsaran Appartments, Kanchan Bagh Main Road, Indore, M.P. 

3.         The objects of the society shall be as under:- 

(1)       To Promote the application of modern management and technology in the legal and judicial system. 

(2)       To do legal research and provide necessary legal assistance to the members of the society and the public at large, in order to make the justice available at fast pace and at low cost, by applying technology for e-filing of cases and video arguments throughout the country. To promote legal awareness amongst the public by providing necessary changes in the law through journal/e-mails etc. 

(3)       To take up other ancillary assignments in the legal field, as may be required by the market and or decided by the managing committee of the society. 

  1. The Management of the affairs of the society is entrusted by the Regulations of the society to the Governor, Council directors, Committee or Governing Body, whose names, addresses and occupations are specified below:-

 

Serial No.

Name

Address

Occupation

(1)

(2)

(3)

(4)

1

Sh. Ram Kishan

205, Morya Palace, Diamond Coloy, New Palasia, Indore.

Consultant

2

Sh. S. K. Gupta

3, Green Park Colony, Indore.

Industrialist

3

Sh. B. K. Dubey

402, Samavsaran Apptt, Kanchan Bagh main road, Indore.

Legal Professional

4

Sh. T. R. Radhakrishnan

17, Morya Gardens, Kanadia Road, Indore.

Ex-Banker &  consultant

5

Sh. N. K. Sharma

199, Alka puri, Dewas.

Legal Advisor

6

Sh. Sudhir Bindal

50, Manishpuri Indore.

Industrialist

7

Sh. H. R. Wadhwa

4/4, New Palasia, Indore

Book publisher

 

5.         One copy of the regulation of the society duly certified as required by sub-section (3) of section 6 of the Madhya Pradesh Society Registrikaran Adhiniyam, 1973, (No. 44 of 1973) is filed with the memorandum of Association. 

We the several persons whose names and addresses are subscribed below are desirous of forming a society in pursuance of the aforesaid Memorandum of Association and have signed the memorandum in the presence of the witnesses as shown below:-

 

S. No.

 

(1)

Name and full addresses of the subscribers with father/Husband name

(2)

Signature

 

(3)

1

Sh. Ram Kishan s/o late Sh B. L. Namdeo.

205, Morya Palace, Diamond colony, New Palasia, Indore.

 

2

Sh. S. K. Gupta s/o late Sh. P. R. Gupta.

3, Green Park Colony, South Tukoganj Indore.

 

3

Sh. B. K. Dubey s/o late Sh. S. N. Dubey.

402, Samavsharan Appartment, 16/1, S. Tukoganj, Indore.

 

4

Sh. T. R. Radhakrishnan s/o late Sh. R. Ramchandran.

17, Morya Hills, Kanadia Road, Indore 452-016.

 

5

Sh. N. K. Sharma s/o late Sh. L. N. Sharma.

199, Alka Puri, Dewas.

 

6

Sh. Sudhir Bindal s/o Sh. Barmanand Bindal.

50, Manishpuri, Indore.

 

7

Sh. Hansraj Wadhwa s/o late Sh. Veer Bhan Wadhwa.

4/4, New Palasia, Indore.

 

 

              Dated :……………

To,

            The Registrar of Societies              Witness……………………………………..

            ……………………………                Signature:    Sd/-

            ……………………………                Name …………………………………

                                                                        Full Address:…………………………
 

Appendix – 1

A model form of

Memorandum of Association of a Society

 

(1)

Name of the Society

LEGAL  FORUM  OF  INDIA

(2)

The Registered Office

402, Samavsaran Appartments, Kanchan Bagh Main Road, Indore, M.P.

(3)

Field for working

State of M. P.

(4)

Founder members of society – with full name address occupation, age etc.

1. Sh. Ram Kishan s/o late Sh. B. L. Namdeo, aged 68 yrs, Consultant, 205, Morya Palace, Diamond Colony, Indore. 

2. Sh. S. K. Gupta s/o late Sh. P. R. Gupta, aged 70 yrs, Industrialist, 3, Green Park Colony, Indore. 

3. Sh. B. K. Dubey s/o late Sh. S. N. Dubey, aged 58 yrs, Legal professional, 402, samavsaran Apptt. 16/1, South Tukoganj, Indore. 

4. Sh. T. R. Radhakrishnan s/o late Sh. R. Ramchandran, aged about 70 yrs, Ex-Banker & Consultant, 17, Morya Hills, Kanadia Road, Indore. 

5. Sh. N. K. Sharma s/o late Sh. L. N. Sharma, aged 60 yrs, Legal Advisor, 199, Alkapuri, Dewas.  

6. Sh. Sudhir Bindal s/o Sh. B. N. Bindal, aged 48 yrs, Businessman, 50, Manishpuri, Indore. 

7. Sh. H. R. Wadhwa s/o late Sh. Veer Bhan Wadhwa, aged 54 yrs, 4/4, New Palasia, Indore.

(5)

Objective of society

(1)      To Promote the application of modern management and technology in the legal and judicial system. 

(2)      To do legal research and provide necessary legal assistance to the members of the society and the public at large, in order to make the justice available at fast pace and at low cost, by applying technology for e-filing of cases and video arguments throughout the country. To promote legal awareness amongst the public by providing necessary changes in the law through journal/e-mail etc. 

(3)      To take up other ancillary assignments in the legal field, as may be decided by the market and or as decided by the managing committee of the society. 

(6)

Membership

As per clause 5 of Regulations.

(7)

Responsible officers for management

 

 

1. Ram Kishan

President

 

2. Sudhir Bindal

Vice president & treasurer

 

3. B. K. Dubey

Secretary

 Appendix – 2

A Model Form of

Rules and Regulations of Society :     

1.         Name of the society :           :           LEGAL  FORUM  OF  INDIA 

2.        Head office of the society   :           402, Samavsaran Appartments, Kanchan Bagh Main Road, Indore, M.P. 

3.        Objects of the society         :             (1)       To Promote the application of modern management and technology in the legal and judicial system. 

(2)       To do legal research and provide necessary legal assistance to the members of the society and the public at large, in order to make the justice available at fast pace and at low cost, by applying technology for e-filing of cases and video arguments throughout the country. To promote legal awareness amongst the public by providing necessary changes in the law through journal/e-mail etc. 

(3)       To take up other ancillary assignments in the legal field, as may be decided by the market and or as decided by the managing committee of the society.

 

4.         Working field of the society            :           State of M. P. 

5.         Membership     

Any person who is major and willing to bound himself with the regulations may become member by paying fee or charges etc. 

[A]       Life Membership – Any member who pays a donation of Rs. 5000/- (Rupees Five Thousand) only, in lump sum, will be the life member of the society. 

[B]       Ordinary membership – Any person who will pay Rs.100/- per month or Rs.1200/- in a year will be a ordinary member of the society. 

[C]       Honourable Membership – The managing committee of the society may call any person(s) as Honourable Members for the time-being, as it thinks fit, for their moral support and guidance to the society. Such members can take part in the general meeting but will not have the right of vote in the meeting. 

6.         Procedure for Membership 

Any person willing to become a member of the society should apply in writing with prescribed fee. The application will be considered in the executive / Management committee and decision will be taken to or fro. If the application is rejected reason for that will be drawn accordingly. 

7.         Qualifications of the Members

            To become the member of society, a person should have qualifications as below: 

(A)  He should be major;

(B)  Should be a Indian Citizen;

(C)  Promises to abide by rules and regulation of the society;

(D)  Should be of sound mind;

(E)  Should not be lunatic or disqualified under any law;

(F)   Should be of good and moral character;

(G)  Should be free from intoxicating drinks and drugs,; and

(H)  Should pay member ship fee regularly. 

8.         Penalty and termination of Membership :

(A)    Any member who has not deposited Annual fee as per rule, he will have to deposit 25% more than the prescribed fee as penalty, to continue as member in the respective category.

(B)    Any member not depositing monthly subscription regularly has to deposit 10% more within 3 months from the date of default.

(C)    If the member refuses to subscribe the said amount, a notice will be served on him, and if no action is taken, then the matter will be taken up by the managing committee and a decision to terminate the membership may be taken accordingly.

(D)    If any member is acting against the objectives and/or regulations of the society and harming to the property of the society or making hindrances in achieving the objects of the society, his membership may be terminated by taking decision in general meeting.

(E)    Any other lawful reason for termination of membership. 

9.         Information as to decision 

Notice seeking clarification from such member, will be served on such member whose membership is taken up for termination, by management body.

10.       Cessation of Membership: 

            The membership of any member will cease on the following grounds- 

(A)  On the death of member;

(B)   On becoming of unsound mind;

(C)  When he does not subscribe membership fee as stated above;

(D)  On resignation from the membership, if it is accepted;

(E)  On absent in three or more consecutive meeting without the permission of chairman;

(F)   On acting against the objectives of society and the managing committee after enquiry has taken decision to remove him from membership;

(G)  When he is debarred for membership in the society by any legal order;

(H)  If he has become insolvent;

(I)      When he does not abide himself, with the rules and regulations of the society. 

11.       Committees of the society: 

            The society will form two bodies or committees for its management i.e. 

            (i) General Committee/body; and

            (ii) Managing Committee. 

            (i) General Committee/body - 

(A) Formation – In this committee the members will be according to rule 5 of these regulations. It will consist at least Seven members. 

(B) Meeting – The general meeting will be held as and when necessary. It is necessary to hold general meeting once in a year. 

(C) Time & place of meeting – The executive body will decide the place, time and date of the general meeting.     

(D) Notice of the meeting – A notice of date of meeting to be held, will be served on every member at least 7 (seven) days prior to date of meeting. 

(E) Quorum – The quorum of the meeting will be at least 1/3 of the total membership. If the quorum is not complete the meeting will be adjourned for one hour and after that there will be no quorum. Members present can take meeting in absence of Quorum after adjournment. 

(F) Annual Meeting – The annual meeting will be held in the second week of April every year. The financial year of the society will be from April to March period. 

(G) First meeting of the society – The first general meeting of the society will held within the 3 months from its registration, in which officiating members will be elected as per rules and law. 

(H) Powers and duties – The general body/committee will be competent to - 

(i) approve annual report and progress report; 

(ii) manage fix property and funds; 

(iii) appoint auditor for audit purposes; 

(iv) accept income and expenditure statement; 

(v) approve budget for the year; 

(vi) make policy for the fulfillment of its objects and purpose; 

(vii) select and form management committee/body; 

(viii) any other matter with the permission of chairman. 

(ii) Managing Committee – 

(A) Formation – Member whose name is enrolled in the register of members, will be empowered to elect the members of managing committee. This committee will consist at least seven members. 

(B) Officiating members – Member will be elected for the following post in the society namely – 

(i)         Chairman or President; 

(ii)        Vice Chairman or Vice President; 

(iii)       Secretary; 

(C) Term of the Committee – 

The term of the committee will be three years. On the expiry of the time if a new committee is not elected the present committee will continue for further 3 months, but its approval from general committee will be essential. A member of this committee will be eligible for re-election. 

(D) Honorarium or allowances – 

If the chairman, secretary etc., devote full time to work for the society, an appropriate amount may be given to him on the approval of managing committee. 

(E) Meeting – The managing committee will hold meeting in every three months. But a special meeting may be called by president/chairman on written request from members. 

(F)       Notice of the meeting – The notice of the meeting will be served on the members at least 7 days prior to the date of meeting. But in special cases, a notice of 3 days will be sufficient.  

(G)        Powers and duties -  

The committee will have power to –

(i) achieve purposes and objects of society and act accordingly; 

(ii) present audited accounts before the general committee for approval; 

(iii) raise funds, purchase property for the welfare of society; 

(iv) pay all legal taxes levied on the property of the society; 

(v) appoint employees for the society; 

(vi) pay remuneration, pays and allowances to the employees and workers; 

(vii) follow all rules and regulations; 

(viii) Any proposal of amendment approved in the general meeting to be sent to Registrar, will be dealt with by this committee;

 (ix) deal in any other work entrusted to the committee by general body. 

12.       Powers, duties and responsibilities of the Chairman / President: 

            (i) He will preside over all the meetings of general body and managing body; 

            (ii) He will manage the meeting through the Secretary; 

            (iii) He will co-operate with members of working of society; 

(iv) He will also control all activities of society for achievement of purposes and objects. 

13.       Powers of the Vice-President

He will act in the absence of President and preside over the meeting using all powers of President. 

14.       Duties of the Secretary 

(i) To call and manage the meetings of general body and managing body. He will take permission and consent of President and decide place, date and time for meetings. 

(ii) To prepare society’s account books, money receipt and payment etc. 

(iii) He will get it audited and present before the general meeting. 

(iv) To prepare all relevant documents and minutes of the meetings. 

(v) To be responsible for the correspondence of society. 

(vi) He will be authorized to keep Rs.______ with him at one time for society and can spend Rs.______ in one time. 

17.       Bank Account

            All the funds of society will be kep in _____ Bank branch at Indore.  

Withdrawal of the money from the bank may be done by joint signature of President and Secretary. 

The Secretary will keep Rs._____ for daily expenses of society. 

18.       Records to be kept

Register of members, cash book, stock register, record of assets and liabilities, bank account and pass book etc. will be kept in the society’s office. 

Records related to the general meeting, list of members, audited accounts which are to be sent to Registrar under section 27 & 28 will be maintained and kept. 

19.       Amendment in regulation and bye-laws

Any amendment in bye-laws for regulations may be done in the general meeting of society by passing resolution by 2/3 members of the total members. 

For the welfare of the society, if any amendment, as per rule, is made by the Registrar, the same will be binding on all members. 

20.       Assets and funds

All the assets and funds will belong to the society. All movable and immovable property will also belong to the society. It will not belong to any member in his name. The immovable property can not be sold out, transferred or donated without the permission of the Registrar.  

21.       Meeting by Registrar

If no meeting is held in due course of time by general or managing body, the Registrar may call meeting and decide subjects to be considered in the meeting. He will call the meeting under the law. 

22.       Dissolution of the society

The proposal for dissolution may be passed by 3/5 voters of total members enrolled in the register of members. 

After dissolution, all the property will vest in the Government according to the provisions of the Act. 

23.       Any dispute may be decided in the general meeting by the president. If it is not decided in the meeting, it will be sent to Registrar for disposal. The decision of the Registrar will be final and binding on the society.

horizontal rule

 

The forum will initiate actions in the following areas as well:-

 (1) Better Management & Improved Technology in Indian Judiciary :- The well known Supreme Court Judge, Justice V.R. Krishna Iyer in his famous book 'Law, Lawyers and Justice' 1988 edition at page 133 had said that Indian Judiciary is backward by 200 years compared with developed nations. The forum will spearhead implementation of better management techniques and improved technology in Indian Court Rooms.

(2) Questioning the legal validity of the Securitisation Act :- Despite the Supreme Court of India declaring the said Act legally valid, still there are several provisions of the said Act which are questionable. The constitutional wing of the forum will go in depth and prepare its recommendations. Accordingly, the forum will initiate filing of suitable action before an High Court where the forum can monitor, provide proper guidance and pursue up to the Supreme Court. This task is gigantic particularly when the Act has already been declared valid. Whole exercise has to be done with application of superb knowledge of constitutional law.

(3) Proper Implementation of the Provisions of existing Securitisation Act :-  

(4) Seeking for Enactment - Lenders' Liability Act:-  

(5) Implementation of Fair Practice Code (as framed by Indian Banks' Association) by Banks & FIs :-  

 (6) Some of the areas already spotted are as under:-

(A) Framing of Illegal Bank Documents and Getting signatures under undue influence :-  

(1)     Most of the documents got signed from the borrowers and guarantors contain one sided terms and conditions. Since the documents are got signed at the time of acute financial needs, the said signatory has no option but to sign the said documents under undue influence. At times signatures are taken on blank printed forms

(2)     When the above illegalities are pointed out during the litigation, the said signatory is silenced that he should have not signed if the documents had above such deficiencies and illegalities. He feels cheated and becomes victim of a serious deliberate trap and wrong doings 

(3)     Such wrong doings are pointed out in all the written statements of the borrowers and guarantors. Lot of time and efforts of the litigating entrepreneurs, industrialists and businessmen as well as the  advocates, courts and judges is being wasted on these matters with no remedies to the suffering party  

(4)     The only solution is to have a proper legislation specifically on bank documentation so that it will not be possible to commit above wrong doings and illegalities. 

(5)     There are several such matters requiring legislations. One of the aims and objectives of this forum is to frame a draft legislation, move the same as a bill in the parliament, convince the house members to pass such bills. This is a genuine need. The industrialist and business community is paying huge amount to the national exchequer apart from huge contribution to the political parties and hence with concerted efforts, such bill can be turned into legislation.  

(B) Absence of impartial third party between lenders and borrowers 

(1)     At present in India, there is no independent and impartial third agency between the lender and borrowers. In USA, legal agencies are appointed as third such agencies right from the beginning. 

(2)     In existing system in India, the so called third agencies such as Ombudsmen are not impartial as they are appointed by the lenders only. The RBI does not listen to individual cases. The Ministry of Finance does not have any independent outlook. The judicial system like civil courts take years to give verdict. The DRT’s decisions are mostly biased in favour of lenders. 

(3)     In view of above, agencies such as industrial associations, CAs, law firms and or advocates must be assigned the task of the said third agencies right from the stage of signing of the documents or creation of mortgage so that during any disputes, both the lender and borrower approach them for resolution or arbitration.  

(4)     Suitable legislation for the above will result in expeditious dispute resolution during the financial transactions and as a result the assets will not be idling for years as at present. Further such proceedings even will be helpful during the legal trials.   

(C)Calculations of NPA and rehabilitation of sick units 

(1)     There is basic lacuna in calculations of NPAs and preparation of rehabilitation plans. The cost of unreasonable delay or wrong doings by the lenders is never considered as part of the overburden.  

(2)     The third agency will ensure that such expenses are invariably incorporated and in that eventuality, the correct calculations of NPAs or rehabilitation plans will emerge conforming to the principles of justice, equity and good conscience.

(D) Provision of legal expenses for borrowers whose business or industries have become sick 

(1)     It is observed in the cases of sick industrial or business units, the recovery suits are filed by the lenders in DRTs and the borrowers do not have financial resources to fight legal battles.  

(2)     On the other hand the lenders have unlimited access to finances for legal expenses. Further they have well established law departments, experienced law personnels, experienced advocates on their panel etc. Since such comprehensive battles have not taken place in past, there are not many precedences in favour of the borrowers and guarantors. The complete legal battle is on most unequal footings.

     (3)     There must be provision of legal expenses so that if there is any litigation after the unit becomes sick, the expenses must be made available. 

(4)     The proposed legislation may take care of the above requirements.  

(E) Provision of survival and legal expenses for certain borrowers whose business or industries have become sick 

(1)     There are certain borrowers like Seed Capital Assisted Entrepreneurs who are solely dependent on their project and there is no other source of income for them. This will be will known at the initial appraisal of the project. If such project become sick due to reasons beyond control of the said borrower, there must be provision for survival and legal expenses for the said borrower till such time he gets another source of income.  

(F) Initiation of legal action especially against those borrowers whose business or industries have become sick 

(1)     All the factors must be considered before initiating the legal action. The third agency must have the consent for the same. The legal expenses are to be provided. Rehabilitation of the sick unit should be the first consideration. 

(G) Dealings with the banks and FIs in respect of industrial and business finance are based on law of torts rather than contracts 

(1)     Treating the above transactions of industrial and business finance under the law of contracts is a grave legal error. There may be contract in respect of security measures but the financial assistance is based on torts only 

(H) Amendment in Sec 138 NI act under special circumstances 

(1)     The sec 138 ni act dealing with dishonour of cheques needs amendment in respect of special circumstances when the limits are under renewal or being sanctioned or being extended, the banks should not dishonour the cheques issued for the needs of the business and if they do so, the criminal provisions will be applicable to them instead of the borrowers.

(I) Personal guarantee of the directors of the borrowing company 

(1)     The lenders are providing financial assistance after full satisfaction of technical and financial appraisal of the viability of the industry or business and hence no such personal guarantee should be called for. In case it is insisted, the directors of the lenders should also render such personal guarantee in the interest of justice, equity and good conscience. 

(J) RBI Guidelines and provisions thereunder

(1)     The RBI Guidelines have been held statutory and mandatory in several Supreme Court judgments. All the connected legislations need to be suitably amended. The provisions under the RBI Guidelines dealing with all the aspects of Industrial Finance and Business Finance should find place in the proposed legislations.

(K) Several other areas like Income Tax, Excise, Sales Tax, Payment of Minimum Wages Act, Provident Fund Act etc require review and suitable amendments keeping in view the state of industrial and business sickness  

(1)     After the basic legislation, all the connected legislations like RBI Act, Banking Regulation Act, DRT Act, Securitisation Act, Income Tax Act, SFC Act, Excise, Sales Tax Act, Payment of Minimum Wages Act, Provident Fund Act, Civil Procedure Code, Indian Penal Code etc need to be suitably amended.

(L) Unreasonable delay in provision of working capital, giving inadequate working capital as well as many of the above mentioned wrong doings must be held criminal with prescribed jail terms 

(1)   When dishonour of cheques is a crime with jail terms, not submitting returns to Registrar of Companies is a crime with jail terms, why the above mentioned underfinancing should not be a crime with jail terms. 

(2)  It is most commonly talked about that the industrialists and businessmen are diverting funds but if some one goes in depth it would be found that if such a thing happens it is due to collusion of the officials of the lenders and if jail term is awarded to the borrowers, the said officials would also get the equal jail term rather more as they are doing such wrong doings in several cases.

(3) There is no social security for the industrialists and businessmen for which also legislation is needed. Business is fraught with uncertainties and there are lot of circumstances which are beyond control of the borrowers, In our country there is no 'no fault liability' legislation. The 'Securitisation Act' was to be passed with 'Lenders Liability Act' Whereas the Securitisation Act has been passed, the Lenders Liability Act has not yet been framed.

(M) All the court judgments must include a conclusion as to which area of the case requires new legislation 

(1)     A law is needed which should require all the judgments to include specific comment of the judge whether any new legislation is required

(2) Till such time such new law is made, time bound program be made to examine the existing judgments and the substance of new legislation located. 

(3) Several recommendations of the Law Commission are pending for legislation, those affecting industrialists and businessmen need to be implemented in form of legislation.

(N) Capability and competency of industrial and business community to achieve above legislations 

(1)     The industry and business sector is generating huge revenue for the government and the society. The political parties get contributions for their various purposes including elections. The industrial and business community is within their rights to have the above and other legislations which are based on justice, equity and good consciousness. 

(O) Your views and suggestions are invited

(1)     We are forming the ‘Legal Forum of India' to achieve the legislations in the proposed focus area as above. There will be other focus areas in future in the arena of better management and improved technology in Indian Judiciary. 

(2)     In the meantime, we request you to discuss the above among the industrialists and businessmen. Your and their views as well as suggestions may kindly be mailed to us at our idramkishan@drtsolutions.com If you desire to interact with us, you are welcome to visit us at the following address with prior appointment on phone. 

(3)     With your views and suggestions, we shall continuously enrich this page till a new web site comes up. the URL registered for the same is www.legalforum.in   

Thanking you and with warm regards, 

Ram Kishan

Legal Forum of India

ramkishan@drtsolutions.com

Phone nos – M – 093 0210 3689, Off-cum-res – 073 1404 9358 and 073 1329 0201


 

DRT Solutions Weekly Mail – 153rd Issue dated 15th April ’11

(1) Transfer of DRTs from Ministry of Finance to Ministry of Law – Borrowers to start movement by writing to Ministry of Finance under RTI Act 

Despite writ filed by ‘Borrowers Rights Forum’ in Andhra Pradesh High Court as well as contempt proceedings, the Ministry of Finance continues to exercise administrative control on DRTs resulting into injustice caused to the litigant borrowers. Many borrowers have started applying pressure on the concerned Ministries using the provisions under the RTI Act.. A sample draft of letter is reproduced below. It will be appreciated that each and every litigant borrower addresses such communication so that with the pressure so generated the DRTs are transferred to Ministry of Law at the earliest:-

SPEED POST AD

April    ,  2011

To,

The Under Secretary (Jus) /       

Public Information Officer (RTI Act),

Department of Justice

Ministry of Law & Justice,

Jaisalmer House, 26, Mansingh Road,

NEW DELHI 110 003 

Sub:   Information under Right to Information Act 2005 

Re :   Unconstitutional functioning of DRT’s & DRAT’s uder Administrative control of Ministry of Finance 

Dear Sir, 

The undersigned would like to bring to your notice that the DRT’s & DRAT’s are functioning unconstitutionally under Ministry of Finance.  The Question of Judicial Independence, appointments, safety of tenure, termination,  funding for salaries, benefits and facilities were examined by the Constitutional Bench of Hon’ble Supreme Court of India in Union of India Vs R. Gandhi, President Madras Bar Association and Union of India (2010 INDLAW SC 405 = 2010 (4)  Supreme 193).  The said judgment states in 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 department.” 

In violation and in Contempt of Hon’ble Supreme Court Constitutional Bench Judgment, the Ministry of Finance still maintains Administrative control of DRTs & DRATs. 

It is learnt that the Ministry of  Finance has replied to some of the queries that the implementation of the above Hon’ble Supreme Court Judgment is under active consideration of Department of Justice, Ministry of Law and Justice.  Accordingly the Ministry of Finance has advised to take up the matter with Ministry of Law & Justice. 

In view of the above I seek the following information under the RTI Act 2005.  Please let me have the certified Xerox copies of the documents pertaining to the following

01.     What action has been taken about implementation of the above Hon’ble Supreme Court Judgment by Department of Justice, Ministry of Law & Justice since May 2010  - when the above judgment was delivered.                                                               

02.     If the implementation of the Supreme Court judgment is under active consideration then what is the time period and deadline decided by Ministry of Law & Justice to transfer the functioning of DRT’s and DRAT’s under Administrative control of Ministry of Law & Justice from Ministry of Finance. 

03.     Please provide details of as to why the DRT’s and DRAT’s are still functioning under the Ministry of Finance. 

04.     Please provide details of as to why the Presiding Officers of Debt Recovery Tribunals & DRAT’s continued to be appointed by Ministry of Finance. 

05.     In case the implementation of Hon’ble Supreme Court Judgment is under active consideration why the present functioning of DRT’s & DRAT’s not being suspended till the time the functioning of DRT’s & DRAT’s is transferred to Department of Justice Ministry of Law & Justice. 

06.     I understand that substantial number of complaints have been received on the subject of functioning of DRT’ and DRAT’ by Ministry of Finance and Ministry of Law and Justice.  I seek copies of all the complaints and redressal / reply by the Ministry if any. 

Please let me know the amount of fees to be remitted for duly certified Xerox copies by speed post of the above documents. 

Enclosed please find herewith Postal Order No.  - - - for Rs. 10/- for application fees. 

Thanking you in anticipation of your early and timely reply. 

Yours sincerely, 

Encls:  As above 

(2) No more ‘My Lord’, ‘Your Lordship’ in Punjab & Haryana High Court 

Mr. N.K. Sharma, Ex-GM(Law) and our Associate has communicated the following news item which is self explanatory :- 

http://indialawyers.wordpress.com/2011/04/12/no-more-my-lord-your-lordship-in-punjab-haryana-hc/

Ajay Sura, TIMES OF INDIA

CHANDIGARH: In a historical move to discard the colonial practice of addressing the judges of the high court as 'My Lord' or 'Your Lordship', the Punjab and Haryana High Court Bar Association on Thursday passed a resolution asking its members not to address the court using the traditional phrase 'My Lord'.

In its resolution passed unanimously by around 4500 members strong lawyers association has decided that in future the judges should be addressed as 'Sir' or 'Your Honour'. The decision was taken in the general house meeting of the bar held in the jam-packed bar room of the high court on Thursday afternoon. With this, the Punjab and Haryana high court has become second high court in the country after Kerala high court advocates Association that had passed such resolution in June 2007 to take such step.

Talking to the development, President of the High Court Bar Association, Kulbir Singh Dhaliwal said that the bar body has unanimously resolved to stop addressing judges as 'My Lord' or 'Your Lordship' from Thursday.

Dhaliwal further stated, "We passed the resolution to endorse the already existing rules in this concerned framed by the Bar Council of India (BCI) in 2006 that had resolved that the form of address in the Supreme Court and high courts should be 'Your Honour' or 'Honourable Court'. About the forcibility of the resolution, Dhaliwal added that because of habit, some lawyers may continue to say 'My Lord', but gradually they will get used to the new phrase. He also said that bar has received positive response from the judges on this issue.

Background:

The BCI - apex body of the lawyers in country had adopted a resolution in April 2006 and added a new Rule 49(1)(j) in the Advocates Act. As per the rule, lawyers can address the court as 'Your Honour' and refer to it as 'Honourable Court'. If it is a subordinate court, lawyers can use terms such as 'Sir' or any equivalent phrase in the regional language concerned. Explaining the rationale behind the move, the Bar Council had held that the words such as 'My Lord' and 'Your Lordship' were "relics of the colonial past".

The resolution has since been circulated to all state councils and the Supreme Court for adoption but over five years now, the resolution largely remained on paper. However, in an unprecedented move in October 2009, one of the judges of Madras HC, Justice K Chandru had banned lawyers from addressing his court as 'My lord' and 'Your lordship'

(3) Damages of Rs. 1300 crores on account of Defamation by the Excise Deptt – Notice sent 

One of our clients at Indore was harassed by the Excise Deptt by making continuous news releases and hence a notice was sent to the Excise Deptt. on 08.04.11 claiming damages of Rs. 1226.87 crores on account of tortuous act of Defamation committed by the said department. 

(4) Legal Forum of India – Registration under Societies Act 

We have been carrying out various activities under the banner of ‘Legal Forum of India’ past 4 years. The two All India DRT Conferences were held at Indore viz in May ’08 and Jan ’11 under this Forum. It is proposed to get this body duly registered by the Registrar of Societies. The complete form of Registration duly filled in will be published on our web site on 16.04.11 on the page titled ‘Legal Forum of India – Registration Form’ All the recipient of weekly mail are requested to visit the said page and offer their suggestions. We shall take into account the said suggestions and get the desired registration in due course of time.  

(5) Valuable Quotes from Greatmen 

Mr. Firoz Poonawalla has sent the following valuable quotes:- 

Dr Abdul Kalaam……..
***********************
“It Is Very Easy To Defeat Someone,
But It Is Very Hard To Win Some
 

Shakespeare…..
****************
“Never Play With The Feelings Of Others
Because You May Win The Game
But The Risk Is That You Will Surely Lose
The Person For A Life Time”.
                                                

Napoleon……..
***************
“The world suffers a lot.
Not because of the violence of bad people,
But because of the silence of good people!”

Einstein………
**************
“I am thankful to all those who said NO to me
Its because of them I did it myself..”

Abraham Lincoln………
***********************
“If friendship is your weakest point then
you are the strongest person
in the world”

Shakespeare……….
*******************
“Laughing Faces Do Not Mean That There Is
Absence Of Sorrow!
But It Means That They Have The Ability To
Deal With It”.

William Arthur………
*********************
“Opportunities Are Like Sunrises, If You
Wait Too Long You Can Miss Them”.

Hitler…..
**********
“When You Are In The Light, Everything
Follows You,
But When You Enter Into The Dark, Even
Your Own Shadow Doesn’t Follow You.”

Shakespeare………….
*********************
“Coin Always Makes Sound
But The Currency Notes Are Always Silent.
So When Your Value Increases
Keep Yourself Calm and Silent”

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 9 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.

horizontal rule

 

DRT Solutions Weekly Mail – 152nd Issue dated 8th April ’11

(1) Securitisation Act – Appeal to DRAT – Relaxation in the Condition of pre-deposit of 25% - Even Supreme Court says that the matter is beyond jurisdiction of courts 

This matter was raised by us in the last weekly mail on account of a Delhi High Court judgment. Now the same verdict has been delivered by the Supreme Court. Mr. Sudhir Bindal, one of our clients at Indore has mailed us the said judgment of the Supreme Court in the matter of Narayan Chandra Ghose vs UCO Bank decided by the Supreme Court on 18.03.11 vide citation 2011 STPL (Web) 310 SC . In our last weekly mail we have stated thatThere are many instances when the appellant is not having financial resources for the said deposit. Under such facts and circumstances, it is necessary for the courts to have powers to waive the prescribed condition of deposit. Such matter should be taken up by the Borrowers or their associations through the mechanism of PIL to amend the law.” The whole strategy should be as under:-

(a)    The borrowers should contact their existing Business and Industrial Associations and request them to initiate matter by way of PIL.

(b)    The borrowers having their own Associations should initiate such action.

(c)    If possible, the borrowers may form new Associations and initiate such action.

(d)    Till such action is initiated, it would be worthwhile to amend the pleadings suitably with the intention of establishing the fact judicially that funds for such deposit are not available and then the matter should be taken up for challenging the constitutional validity of the Act on this count.

(e)    Efforts should be made to impress upon the local MP to initiate amendment of the Act in the parliament.

It is needless to mention that we have been voicing this matter for several years but could not get suitable persons to initiate above actions. Recently we tried to initiate such matter at Indore but due to not having consensus among the litigant borrowers, we had no choice but to retreat and confine ourselves to introduction of ‘Management and Technology in Judiciary’   

In nutshell, this is the matter of wrong legislation thrusted upon the borrowers by the strong lobby of banks acting through Mr. M.R. Umarjee  who was the main person to draft the Securitisation Act 2002. It could have been corrected by Mr. Mardia in 2004 but Mr. Mardia was not having time to discuss and understand our point of view. 

(2) Another Victory of one of our clients at Mumbai – DRT orders the Bank to pay Rs. 77.54 lacs to the Applicant Borrower for shortage of goods in custody 

One of our clients at Mumbai has conveyed the order dated 01.04.11 of DRT II Mumbai arising from SA No 7 of 2007 in the matter of Prakash B. Rohra vs Greater Bombay Co-operative Bank wherein the DRT has allowed the application of the Applicant No 2 and the Respondent Bank has been ordered to pay the Applicant the sum of Rs. 77,54,454/- with interest @ 9% p.a. after 3 months until full payment towards the cost of shortfall in goods in possession of the bank found at the time of redelivery. 

(3) Anna Hazare Fasts unto Death 

Mr. Himanshu Mehta, one of our clients at Mumbai has mailed the following piece:-

Anna Hazare is demanding enactment of a strong anti-corruption law - Jan Lokpal Bill - to ensure swiftness and certainty of punishment to the corrupt. 

Will his fast have any impact on the deaf Government of India? 

Yes, it certainly would. Because, last time when Anna sat on fast - 

" 6 corrupt ministers in Maharashtra had to resign 

" 400 corrupt officers were dismissed from job 

" 2002 - Maharashtra RTI Act was passed 

" 2006 - Central Government withdrew its proposal to amend Central RTI Act 

Now Anna is fasting to demand Jan Lokpal Bill.

JAN LOKPAL BILL will act as deterrent and instill fear in the minds of corrupt people. 

"At 73, Anna is not fasting for himself, he is fasting for the future of my kid. I will myself fast on for a day and ask my 5 year daughter also to skip a meal for a day," Rakesh, a software engineer. 

What can you do?
"Let the whole nation fast for a day and pray for a corruption free India. Collective prayers are very powerful. Let the whole nation pray against corruption," appeals Anna Hazare.

"Lets reach Jantar Mantar in thousands, in lakhs. I will be there - day and night - with Anna. We will all sleep on the roads of Jantar Mantar. Anna's fast can change India's history. Can't you take a few days off from your work and be a part of it?" Arvind Kejriwal

"Send us a missed call at 02261550789to stay updated about this movement. Forward this mail to everyone," Kiran Bedi

Do watch this film:http://www.youtube.com/watch?v=2eJnyPRWHzc

Across India, join Sri Sri Ravishankar, Swami Agnivesh,Arch Bishop of Delhi Vincent Concessao, Mahmood A Madani, Kiran Bedi,J M Lyngdoh, Shanti Bhushan, Prashant Bhushan, Arvind Kejriwal, Mufti Shamoom Qasmi, Mallika Sarabhai, Arun Bhatia, Sunita Godara, Swami Ramdev, All IndiaBank Employees Federation, PAN IIT Alumni Association, Common Cause, Foundation for Restoration of National Values and many other prominent organizations and leaders, as India comes out on the streets! 200+ CITIES WILL RALLY BEHIND ANNA! 

Salient features of Jan Lokpal Bill 

Drafted by Justice Santosh Hegde, Prashant Bhushan and Arvind Kejriwal, this Bill has been refined on the basis of feedback received from public on website and after series of public consultations. It has also been vetted by and is supported by Shanti Bhushan, J M Lyngdoh, Kiran Bedi, Anna Hazare etc. It was sent to the PM and all CMs on 1st December.

An institution called LOKPAL at the centre and LOKAYUKTA in each state will be set up Like Supreme Court and Election Commission, they will be completely independent of the governments. No minister or bureaucrat will be able to influence their investigations. Cases against corrupt people will not linger on for years anymore: Investigations in any case will have to be completed in one year. Trial should be completed in next one year so that the corrupt politician, officer or judge is sent to jail within two years. The loss that a corrupt person caused to the government will be recovered at the time of conviction.

How will it help a common citizen: If any work of any citizen is not done in prescribed time in any government office, Lokpal will impose financial penalty on guilty officers, which will be given as compensation to the complainant.

So, you could approach Lokpal if your ration card or passport or voter card is not being made or if police is not registering your case or any other work is not being done in prescribed time. Lokpal will have to get it done in a months time. You could also report any case of corruption to Lokpal like ration being siphoned off, poor quality roads been constructed or panchayat funds being siphoned off. Lokpal will have to complete its investigations inayear, trial will be over in next one year and the guilty will go to jail within two years. But wont the government appoint corrupt and weak people as Lokpal members? That wont be possible because its members will be selected by judges, citizens and constitutional authorities and not by politicians, through a completely transparent and participatory process.

What if some officer in Lokpal becomes corrupt? The entire functioning of Lokpal/ Lokayukta will be completely transparent. Any complaint against any officer of Lokpal shall be investigated and the officer dismissed within two months.

What will happen to existing anti-corruption agencies? CVC, departmental vigilance and anti-corruption branch of CBI will be merged into Lokpal. Lokpal will have complete powers and machinery to independently investigate and prosecute any officer, judge or politician.

horizontal rule

DRT Solutions Weekly Mail – 151st Issue dated 1st April ’11

(1) Securitisation Act – Appeal to DRAT – Condition of pre-deposit of 25% - No purpose will be served by filing writ in the High Court under Art 226 – better course of action will be by resorting to Public Interest Litigation

 

The Delhi High Court in the matter of Satyavol Venkat Rao vs Union of India decided on 13.09.10 has stated that Courts of Law can neither substitute legal provisions nor legislate and Tribunal has no jurisdiction to reduce the amount below 25% of the debt as it is required to act within the statutory parameters.

 

Our Views

 

There are many instances when the appellant is not having financial resources for the said deposit. Under such facts and circumstances, it is necessary for the courts to have powers to waive the prescribed condition of deposit. Such matter should be taken up by the Borrowers or their associations through the mechanism of PIL to amend the law.

 

(2) Rate of Interest – the Courts have the jurisdiction to ascertain

 

The Patna High Court in the matter of Punjab National Bank vs M/s Sheovijoy Udyog decided on 23.08.10 has concluded that the grant of rate of interest during the pendency of suit and thereafter is a discretionary jurisdiction of the Courts. After the suit is filed before the court of law, the rate of interest agreed or claimed becomes immaterial and therefore the courts have the jurisdiction to ascertain the rate of interest.

 

Our Views

 

In respect of business and commercial projects where the financial appraisal of the banks is based on generation of surplus as ascertained from the projected balance sheets, the interest on the loans and the repayments are to be made out of cash generation, during the sickness, the lenders should resort to measures like nursing, rehabilitation or revival and till such measures achieves the positive results, there should not be any pressure on payment of interest or repayment which if is done should amount to wrong doing calling for claim of loss and damages due to violation of duty of care. If proper pleadings are made, the rate of interest during the said period of sickness could be considered as even nil due to application of above ruling.

 

(3) Complaint Quashed against Ex-Director-Section 138 NI Act – Dishonor of Cheque

 

Mr. N.K. Sharma, our Associate and ex-GM (Law) has sent the following extract of the judgment which is self explanatory:-

 

In HARSHENDRA KUMAR D. V. REBATILATA KOLEY ETC {(2011) 3 SCC 351; Decided on 8-02-2011} hon’ble Supreme Court has held as follows (in para 26 and 28).

 

“26……………In our opinion, the High Court fell into grave error in not taking into consideration the uncontroverted documents relating to appellant's resignation from the post of Director of the Company. Had these documents been considered by the High Court, it would have been apparent that the appellant has resigned much before the cheques were issued by the Company.”

 

“28. These appeals are, accordingly, allowed. The judgment of the Calcutta High Court dated September 6, 2007 and the summons issued by the Metropolitan Magistrate, Calcutta to the appellant are set aside. THE COMPLAINTS AS AGAINST THE APPELLANT STAND QUASHED.” (capitals supplied)

 

The Court further observed in aforesaid case as follows (in para 25 and 26).

 

“25. In our judgment, the above observations cannot be read to mean that in a criminal case where trial is yet to take place and the matter is at the stage of issuance of summons or taking cognizance, materials relied upon by the accused which are in the nature of public documents or the materials which are beyond suspicion or doubt, in no circumstance, can be looked into by the High Court in exercise of its jurisdiction under Section 482 or for that matter in exercise of revisional jurisdiction under Section 397 of the Code. It is fairly settled now that while exercising inherent jurisdiction under Section 482 or revisional jurisdiction under Section 397 of the Code in a case where complaint is sought to be quashed, it is not proper for the High Court to consider the defence of the accused or embark upon an enquiry in respect of merits of the accusations. However, in an appropriate case, IF ON THE FACE OF THE DOCUMENTS - which are beyond suspicion or doubt - placed by accused, the ACCUSATIONS AGAINST HIM CANNOT STAND, it would be travesty of justice if accused is relegated to trial and HE IS ASKED TO PROVE HIS DEFENCE BEFORE THE TRIAL COURT. In such a matter, for promotion of justice or TO PREVENT INJUSTICE or abuse of process, the HIGH COURT MAY LOOK INTO THE MATERIALS WHICH HAVE SIGNIFICANT BEARING on the matter AT PRIMA FACIE STAGE.” (capitals supplied)

 

(4) WE MUST LEARN FROM JAPANESE – 10 Great Qualities to emulate from them

Mr. Firoz Poonawalla has sent the following beautiful piece relating to 10 great qualities observed in Japanese during the recent disaster:-

1. THE CALM
Not a single visual of chest-beating or wild grief. Sorrow itself has been elevated.


2.THE DIGNITY
Disciplined queues for water and groceries. Not a rough word or a crude gesture.


3. THE ABILITY
The incredible architects, for instance. Buildings swayed but didnt fall.


4. THE GRACE
People bought only what they needed for the present, so everybody could get something.
5. THE ORDER
No looting in shops. No honking and no overtaking on the roads. Just understanding.


6. THE SACRIFICE
Fifty workers stayed back to pump sea water in the N-reactors. How will they ever be repaid?


7. THE TENDERNESS
Restaurants cut prices. An unguarded ATM is left alone. The strong cared for the weak.


8. THE TRAINING
The old and the children, everyone knew exactly what to do. And they did just that.


9. THE MEDIA
They showed magnificent restraint in the bulletins. No silly reporters. Only calm reportage.


10.THE CONSCIENCE
When the power went off in a store, people put things back on the shelves and left quietly.

""The happiest people don't necessarily have the best of everything; they just make the best of everything they have.""
 

Our Weekly Mails and DVDs are DRT Legal Guide and gold mine of practical information for the borrowers and guarantorsThe 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 9 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.

horizontal rule

 

    

DRT Legal Solutions

 

Attorneys at Law of Torts, Injury and IPR Claims

HomeContentsProducts & ServicesFrequently Asked QuestionsUseful Article-BorrowersUseful Article-GuarantorsRBI GuidelinesNotes-Law of TortsNotes-DamagesMiniArticles-Letters to EditorUseful Interactions with Clients & VisitorsSecuritisation Act-CommentsAbout Us-DRT SolutionsUseful Tips for DRT Advocates|| 138 NI Act Cheque Dishonour Cognizance Acquittal | NCLT, National Company Law Tribunal, BIFR, SICA  |  Video Interview - BS Malik, Sr. Supreme Court AdvocateLegal Forum of IndiaSuccess & Results of Our GuidanceDRT Orders in favour of Borrowers & GuarantorsNPA, Debt due, Rehabilitation of Sick SME IndustriesOur Replies to Queries  on Current DRT Matters, Court Decisions etc.Measure of damages & Calculations under Torts & ContractsVideo Interview - GC Garg, Ex-Senior Bank OfficialSolar Healing, Yoga, Projector, Rebirth etc.Swami Ramdev, Yoga Guru, Cure for All Diseases, Medical Science RevolutionCourt Technologies IT Presentation Video ArgumentsArchiveDRT Solutions Weekly Mail for Borrowers & Guarantors   All India DRT Conference 2011 at IndoreArticle by Ram Kishan on Management & Technology in Indian JudiciarySARFAESI Securitisation Securitization Actar SA NPADRT Judgments Favourable / Useful to Borrowers

 

Contact Information :- Phones (India):- Mobile- +91-969-1103689, Off. & Res.- +91-731-4049358 and  +91-731-3290201,

E-mail - ramkishandrt@gmail.com and ramkishan@drtsolutions.com

Popularity of our web site :- The key word for search of our website is 'drt'  or any phrase commencing with 'drt'  We are on the top in Google Search for 'drt' among 28,60,000 results globally. In most of the search engines like yahoo, msn, google, excite, altavista, mamma, alexa etc., To verify, you may visit www.yahoo.com, www.msn.com, www.rediff.com, www.indiatimes.com, www.altavista.com, www.google.com, www.excite.com, www.hotbot.com, www.123india.com, www.aol.com, etc. Our reference appears in www.economictimes.com, www.amazon.comwww.financialexpress.com, www.lawcrawler.com, www.findlaw.com, www.law.com, www.supremecourtofindia.com, www.supremecourtonline.com

(2) We have created a separate web site www.usindolegal.com which deals exclusively with our US joint venture enterprise for activities like BPO, legal BPO, DRT etc. This site has started appearing in the search results of Google, Mamma, Alexa and Yahoo.

Application of Law of Torts in claiming Damages from Municipal Corporations for demolition of structures, closure of shops etc:- In many parts of the country, the Municipal Corporations are demolishing structures like shops and houses which existed for number of years. The shops existing for number of years are proposed to be shut down. The affected persons should claim Damages under the Law of Torts, which would be substantial. It is learnt that in Delhi itself about 5 lac shops are to be closed down and about 25 lac persons would be out of jobs. All these persons should file damage suits in the civil court. Since the damages would be substantial, the suits may be filed as Indigent Persons. Since the damages would attract interest, the usual delay by the civil courts will not affect the final outcome. The affected shop owners may discuss the details with us on phone.

Our Articles for Borrowers and Guarantors:- Our articles on DRT matters have been published in the Financial Express. The All India Manufacturers Organisation in its famous web site www.aimoindia.org has reproduced copies of our four articles. These original articles can be searched in the archive of the Financial Express in its web site www.financialexpress.com Two of these articles have been reproduced in other pages of this web site. 

Useful link www.WorldVideoBusiness.com :- WorldVideoBusiness-WVB® is a business to business e-marketplace source of international trade leads, and tender opportunities from companies and government organizations around the globe.

About Us in Brief :-  (1) We specialize in DRT (Debt Recovery Tribunal) and NCLT (National Company Law Tribunal) matters. As a whole you may approach us for all DRT Problems and Solutions as well as matters connected with ARCIL i.e. Asset Reconstruction Company (India) Limited,  We have a Joint Venture with an America based law firm for various activities like BPO, legal BPO and DRT. The details of the said American firm and the joint venture may be seen at the page - Our US Joint Venture with Anand Ahuja Associates or in www.usindolegal.com (2) For your all problems including those in DRT, please phone us or send e-mail. Please give your contact details along with your problems in brief. As a whole you may approach us for all DRT Problems and Solutions.  (2) With our Legal Opinion, you need not worry about the Securitisation Act or other DRT matters or NCLT. Please visit the page Products & Services and Frequently Asked Questions (3) On account of our expertise in the Law of Torts and Banking and experience past 15 years, we can help you to submit suitable defence with winning strategy in DRT cases, Securitisation Act, Guarantors' defence etc.  (4) We need only copies of all available documents  to render our expert 'Legal Opinion' which will be quite useful and valuable to you particularly in DRT i.e. Debt recovery Tribunal. (5) We have also handled assignments for preparation of damage claims against Electricity Boards, Insurance Companies, Municipal Corporations etc. all on the basis of the Law of Torts.  (6) The DRT counterclaims is to be prepared well in advance so that it could be raised at proper time in DRT or other forum to safeguard the securities and assets. (7) Several DRT counterclaims drafted by us are being handled by different advocates at DRT Mumbai, DRT Delhi, DRT Jabalpur etc. Thus DRT advocates are available in these cities. Cases in other Debt Recovery Tribunals are under process. (8) This site is updated monthly mostly on every first Monday of the month or for urgent release on any day with latest material. (9) For further details about us, please visit the page About Us-DRT Solutions As a whole you may approach us for all DRT Problems and Solutions. We hail from the place to which Maharishi Mahesh Yogi and Acharya Rajnish belong and hence this site is dedicated to them.

Our this web site is dedicated to Yoga Rishi Baba Ramdev Ji Maharaj:- Our this web site is respectfully dedicated to Yoga Rishi Baba Ramdev Ji Maharaj whose method of Pranayam has cured even incurable diseases and thus has revolutionized modern medical science. For further details please visit our special page by clicking here Baba Ramdev Ji Maharaj, Yoga Guru, Cure for All Diseases, Medical Science Revolution

Site also dedicated to:-   (1) Swami Ramdevji, Acharya Balkishan and their Guru Pradumn Maharaj.

                                             (2) H.H. Maharishi Mahesh Yogi and Acharya Rajnish, the greatest gurus of all time www.maharishi.com, www.osho.com

                                           (3) Shri Hira Ratan Manek (HRM) for his pioneering work on Solar healing vide his web site www.solarhealing.com and forum at www.lifemysteries.com                                    

We regularly practice TM and SCI of Maharishi Mahesh Yogi. We also regularly practice Hath Yoga including Pranayam based on Baba Ramdev Ji  Maharaj. We daily watch his global TV program on Astha Channel from 05:30 AM to 8AM and 8PM to 9PM Indian Standards Time. On Sanskar channel, we daily view the discourse of Pradumn Maharaj from 4 AM to 5:30 AM. Many chronic diseases such as Cancer, Parkinsons' disease, Polio, Asthma, Hypertension, diabetes etc. have been cured by the said method of Pranayam which can be learnt even by watching his program on TV. Since 30th March '06, we have started practicing Sun Gazing as prescribed by HRM.

                                    (3) Shri Satyanarayan Morya alias 'Babaji' for his praiseworthy service to our nation. Please visit his site www.artistbaba.com 

Disclaimer:- We have no branch or setup other than at Indore. It is observed that some persons are using name of our firm as well as name of our web site. We have not given  any such authority to anyone to do so. Under such facts and circumstances, if anybody suffers any loss, we shall not be responsible. If such instance comes to notice of someone, we may kindly be informed.

Last Modified:- Please see the top of the Home Page

Copyright © 2001-2014 - DRT Legal Solutions, India. All rights reserved.