DRT  Legal  Solutions

(Debts Recovery Tribunal Legal Solutions) is an India based

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

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

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

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

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

 

 

 

DRT Solutions Weekly Mail – 170th Issue dated 12th August ’11

 

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


 

(1) Illegal Physical Possession u/s 14 of Securitisation Act

 

Recently one of our clients from Delhi informed that when he was out of station, the bank officials took illegal possession of his properties with the help of police. Subsequently when he informed this incidence, following facts were revealed and our comments were as under:-

(a)    The bank sent the notice u/s 13(2) few months back. The borrower submitted his representation and objections within the prescribed period of 60 days. The bank did not reply within the prescribed period of 7 days

(b)    The bank did not issue any notice u/s 13(4). It so happened that the borrower was out of station, the bank officials took possession of the property with the help of police.

(c)    After few days when the borrower came back, he found such action of the bank, he informed us. We asked him to ascertain all the facts and submit application before the DRT u/s 17 of the Act with an urgent application to restore the possession of the property.

(d)    This is just like any other action by the bureaucracy when blatant and misuse of the power is considered to be use of the power. It is similar to what Delhi Police did on the night of 4th June ’11 at Ramlila Maidan. That is why we advice all the borrowers to be vigilant and alert. Caveat should be submitted before the Magistrate. Proceedings in his office must be watched. Proper Review and Appeal must be made. The persons on the spot must be aware that whenever any bank officials with police come, copy of the Court Order is a must otherwise, no possession should be given. If the possession is forcibly taken, FIR must be filed. If the Police refused to accept the FIR, the same should be sent by registered post. Further private complaint be lodged with the Magistrate. Immediate Application be made with the DRT u/s 17 of the Act. It is needless to mention that the borrower must include loss and damages in his representation and the said application before DRT. The proceedings before the Magistrate and DRT must be conducted with proper written submissions, Review and Appeal etc as we have emphasized in several weekly mails.

(e)    In many cases, we have found that the Magistrate and the PO DRT are not conducting proper trial as per the law and procedure of law laid down by the Supreme Court, it is all the more important for the borrower to keep all these aspects in view while his advocate conducts the proceedings.

 

(2) Use of Tablet PC by the Borrowers and the Advocates

 

Past six months we have been using Tablet PC of Chinese make. Recently we have procured branded one of the specification which we were waiting past 4 months i.e. ‘Asus Eee Pad Transformer Tablet PC’. It is a wonderful device for use by the borrowers and their advocates even in the court room. It has a detachable keyboard. The combined batteries provide operation upto 16 hours. The weight of the 10.1” tablet is 680 gms and it has very good resolution with two cameras, rear of 5MP and front of 1.2 MP which can shoot and record HD videos. The download from internet including e-mails on wi-fi is quite fast. We are now using it for full fledged purpose during walking and thus injurious sitting is completely avoided. All the borrowers and their advocates must use this device as it will not only greatly improve the efficiency but will contribute to better healthy life.

(3) Mr. Ram Kishan will be in Chandigarh from 13th August to 18thAugust

 

This is just for information of all concerned that Mr. Ram Kishan will be in Chandigarh from 13th August to 18th August and will be back to Indore on 19th August. As usual, he will be available on phone and e-mail.

 

(4) How to live Meaningful and Happy Life

 

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


 

Life is Best for those who want to Live it,
Life is worst for those who want to Criticize it,
Our Attitude Defines Life... 

Enjoy Your Life, 
Laugh so Hard That even Sorrow Smiles at You,
Live Life so Well That even Death Loves to see you Alive,
Fight so Hard That even Fate accepts its Defeat......

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


 

Our Vote is a License for implementing the Constitution and not for Looting and Beating Innocent Citizens

All the political parties in India past 64 years have fooled the citizens. Just before election, their candidates come to us with folded hands requesting our votes. They go to their vote banks distributing money and liquors and promising several benefits if they are elected. Just after election, they simply forget that they made a request for vote. They now want that the citizens should keep quiet for next 5 years during which they and their followers will loot any amount they like. If anyone comes with any dissent, they will beat even during the sleep. All    parties are same. This model was created and championed by Congress which ruled for 54 years. All the goonda and corrupt elements of the society were attracted to join politics as it is the easiest route to make quick and massive money. Others followed the same model but now enough is enough. During emergency time we had only Doordarshan and All India Radio, but now we several TV Channels and 70 crore mobile phones. Everybody now should devote some time to foil the game of the said gooda and corrupt elements. Continuous work for next 2 years is required by all the citizens to prepare revolutionary general election in 2014 so that only honest and sincere ‘Independent Candidates’ are elected. All the political parties should not be allowed to enter the parliament. It will be like a new Parliament as in 1947 so in 2014. The new parliament thus formed will start a new nation. This is the dream of Anna Hazare and Swami Ramdev. Each one of us has to continuously work so that our children give us regard that we have done our duty.

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DRT Solutions Weekly Mail – 169th Issue dated 5th August ’11


 

(1) Useful Case Study – Challenge to Borrowers & Guarantors to understand & take Active Part in Litigation Process in DRTs & Higher Courts as their stake is Highest.

 

The following case analysis, study and comments will be quite useful to the borrowers and their advocates fighting in DRTs as well as in the higher courts. The name of the client and the DRT are not mentioned due to professional secrecy and not to cause any aspersion on any body:-

(1)    We have been emphasizing our clients right from 2001 to understand and take active part in the litigation process in DRTs. The following case study, analysis and comments will again prove our contentions.

(2)    One of our clients filed his application (i.e. appeal which is misnomer as per Mardia Chemicals but it has not yet been corrected yet by the legislature since 2004)) u/s 17 of Securitisation Act in DRT. The appeal contains exhaustive pleadings about the wrong doings of the bank as well as the loss and damages suffered due to the said wrong doings. Since the said loss and damages are much more than the alleged claim of the bank,  prima facie there is ‘No Debt Due’ Hence until and unless the said application u/s 17 is fully decided by the DRT, no recovery action can be initiated by the bank.

Comments :-

(a)    Govt & Banks want DRT to decide the cases quickly within 6 months but they are unable to get simple correction in the Act even in 9 years.

(b)    DRTs are to be transferred from Ministry of Finance to Ministry of Law despite SC Judgments past several years. Despite writ petitions and applications under RTI Act, the Ministry of Finance is not effecting this transfer due to obvious influence of banking lobby.

(c)    The DRTs are to be manned by persons (judges & advocates) having specialized knowledge in banking, finance and industry vide page 77 in ‘Tiwari Committee’ report of RBI published in 1984 ( 27 years back) Till today this vital aspect has not yet been implemented by the Govt. 

(d)    The DRTs are to function judicially without any bias in accordance with the principles of natural justice i.e. (i) Hear the other party, (ii) nobody can be a judge in his own case, (iii) apparent errors in finding of facts and law should be corrected quickly the moment they are brought to the court, obviously by the process of Review. Further as per the law laid down by the SC, the DRTs can even go beyond CPC in the interest of justice.

(e)    The bogey of ‘Public Funds’ can only be raised by the banks if before coming to the court, they have followed all RBI Guidelines and Govt policies as well as the SC judgments otherwise they themselves are not caring for ‘Public Funds’ and hence they have no authority to point out such aspect.

(f)      All the above aspects are to be taken care of in pleadings, submission and arguments before the DRTs. We have been emphasizing the same to the borrowers to avoid any lapse by their advocates, if any.

(3)    Our client also filed a caveat before the Magistrate so that if the bank approaches the Magistrate, the borrower should be given opportunity of hearing. The Magistrate informed in writing that due opportunity will be given.

(4)    Subsequent to filing of the said application u/s 17, the bank approached the Magistrate Court u/s 14 to take physical possession of the secured assets. Our client submitted exhaustive reply, arguments were held by our senior advocate and written arguments were submitted.

(5)    The Magistrate kept the issue of order pending for few months and then finally gave his verdict in favour of the bank.

(6)    We immediately advised the client to file a Review before the said Magistrate. At this juncture, our client committed a blunder by not filing the required Review and without informing us went to anther advocate and filed an appeal before DRT.

(7)    Our client sent us copy of the said appeal. We found many mistakes in the said appeal and since our advice for filing Review was ignored, we preferred to keep quiet and asked the client to proceed as per advice of his advocate.

(8)    The PO DRT rejected the said Appeal. Our client then approached us for further advice in the matter. We told him that since he ignored the important Review and filed an erroneous Appeal, he should continue with his advocate for further action. 


 

Analysis and Comments :-

(a)    We had full control on the case till issue of the order by the Magistrate as we submitted exhaustive oral as well as written arguments.

(b)    Under such situation, there was strong case for Review as we had created sufficient record in the court of Magistrate.

(c)    Despite Review getting rejected, we would have forced the Magistrate to mention all our points in the order.

(d)    Ignoring Review by the Magistrate created a lacuna and his order remained unchallenged.

(e)    Appeal is undertaken for correction of illegalities, if any  in the bottom court. We would have used the said record and would have made a very strong appeal but on account of serious error of not following our advice, the Review was ignored and the said record was not created.

(f)      Further the said appeal being erroneous had erroneous arguments and no written arguments were submitted and hence anther defective order by the PO was issued.

(g)    With such serious defects, we preferred to keep our hands off.

(h)    The lesson is that since we know that entire environment is against the borrower, we have to be cautious at every stage and should not proceed at any point without sufficient efforts and records so that the same are submitted before the higher courts which should always be forced to include all our points in their order as per verdict of the SC in the matter of Swaran Lata as well as Mohd Akram.

(i)      Many of our clients are getting success when they follow our guidance and advice fully otherwise they suffer as in this case.

 

(2) Who is a teacher? ?

 

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

From A School Principal's speech at a  graduation.. 

He said  "Doctor wants his child to become a doctor......... 
                Engineer wants his child to become engineer......
                Businessman wants his ward to become CEO.....
                BUT a teacher also wants his child to become one of them..!!!! 
Nobody wants to become a teacher BY CHOICE" ....Very sad but that's the truth.....!!!
 

The dinner guests were sitting around the table discussing life.
One man, a CEO, decided to explain the problem with education. He argued, 
"What's a kid going to learn from someone who decided his best option in life was to become a teacher?"

To stress his point he said to another guest; 
"You're a teacher, Bonnie.  Be honest. What do you make?"

Teacher Bonnie, who had a reputation for honesty and frankness replied,
"You want to know what I make?
(She paused for a second, then began...)

"Well, I 
make kids work harder than they ever thought they could.

make a C+ feel like the Congressional Medal of Honor winner.

make kids sit through 40 minutes of class time when their parents can't 
make them sit for 5 min. without an I Pod, Game Cube or movie rental.

You want to know what I 
make
(She paused again and looked at each and every person at the table)

make kids wonder.

make them question.

make them apologize and mean it.

make them have respect and take responsibility for their actions.

teach them how to write and then I make them write. 
Keyboarding isn't everything.

make them read, read, read.

make them show all their work in math. 
They use their God given brain, not the man-made calculator.

make my students from other countries learn everything they need 
to know about English while preserving their unique cultural identity.

make my classroom a place where all my students feel safe.

Finally, I 
make them understand that if they use the gifts they
were given, work hard, and follow their hearts, they can succeed in life

( Bonnie paused one last time and then continued.)

Then, when people try to judge me by what I 
make, with me knowing money isn't everything, I can hold my head up high and pay no attention because they are ignorant. You want to know what I make?

I
 MAKE A DIFFERENCE IN ALL YOUR LIVES,EDUCATING KIDS AND PREPARING THEM TO BECOME CEO's ,AND DOCTORS AND ENGINEERS.......... 
  
What do you make Mr. CEO?

His jaw dropped; he went silent.
==================================================
 

We got freedom in 1947 from ‘Original British’, the foreign Goonda Elements and Looters. This was on account of the First Freedom Movement started in 1857.

Though Original British had to leave in 1947, they left behind their followers (Indian British) and systems which resulted into situation worst than even British days.Second Freedom Movement was started by Jay Prakash Narayan in 1975 which was foiled by imposition of Emergency. Next Anna Hazare and Baba Ramdev took the lead but the said ‘Indian British Govt’ went even beyond Mahabharat and Original British days by Lathi Charge on 4th June 2011 night on innocent sleeping citizens who were armless & not creating any hindrance to anyone.  Next course of action is to get freedom from ‘Indian British’ in 2014.

 

The citizens have most powerful weapon of votes in their hand to be used in 2014 general election. In 1975 we had only DD and AIR. Now we have several private TV Channels. In 1975 we had few fixed telephone lines. Now we have 70 crore mobiles. We have now more numbers of youth who are well acquainted and networked through internet. TV Channels and Mobiles. Important video recordings needs to be carried out so that the same is used during the next general election in 2014. The said ‘Indian British’ can no longer fool the public by buying votes in slums, by taking huge bribes from Industrialists and Businessmen etc. Public has come to know that all political parties are alike. They will vote on good Independent Candidates after due verification by visit to their homes and ascertainment from their neighbours.

The first Parliament in 1947 was made out of eminent Indians.

Hence the Parliament in 2014 should also be made from eminent Indians (not from any party but Independent) The said parliament will undertake important amendments in Constitution so that Goonda and Criminal elements are not allowed to enter parliament. The said parliament will bring back the black money and will punish the wrong doers.

Hence during next 2 years, the responsible citizens should take up empowering the voters around them particularly vote banks like slums and thickly populated areas. It is our pious duty towards our nation and our children.

We invite comments and suggestions from such citizens.


 

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. This service is free in the best interest of society in general and litigant borrowers and guarantors in particular. We are getting huge no of mails appreciating our weekly mails.  We welcome suggestions.

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DRT Solutions Weekly Mail – 168th Issue dated 29th  July ’11


 

(1) Importance of Review – PO DRT Bangalore hears Review and admits some of his mistakes

 

One of our clients from Bangalore has informed that the Review was heard and the PO said that he would correct some of the mistakes but will not change his conclusion. Accordingly he adjourned the matter to subsequent date. As advised by us the party now got time to file the appeal also.

 

Our Comment

 

Had the Review not been filed, neither the said mistake would have been corrected, the matter would have not been adjourned and more time for appeal would have not been obtained. Side by side, it has put a pressure on the mindset of the PO that he should be careful in future to abide by law. Further the incidence has demonstrated to other advocates that they should also utilize the tool of Review.

 

Now we advised the party that the order on Review must be gone through and if any point which has been pressed during Review does not find place in the order, another application must be filed giving reference to the SC Judgment in the matter of Mohd Akram so that the PO includes all the points in the Review Order. This will further correct the mindset of the Review that he must listen to all points and mentions the same in his order. When he does so he needs to be reminded about SC judgment in the matter of Swaranlata so that reasons are given in respect of all points and conclusion is to be based on such analysis. This will prevent the PO to be arbitrary or bias towards bankers.

 

It is unfortunate that there is no system of constant trainings of the Advocates and Judges and that is why we are educating our clients and the borrowers to understand all these things and impress upon the advocates and the judges to think if they were the borrowers, how they would have handled their own case. In this respect the SC judgments in the matter of SP Gupta and AK Kripack would be highly useful.

 

(2) Importance of Review – PO DRT Lucknow hears Review and provides useful Relief

 

Recently one of our visitors from Jharkhand informed that DRT has passed decree without mentioning several points put forth during arguments and he desired our suggestions for Appeal. We asked him to file an application for Review based on the Judgment of SC in the matter of Mohd Akram. The PO DRT Lucknow though did not modify the order but agreed to annex certified copies of the written arguments. Such action on Review resulted in a very useful relief for Appeal as the Appeal Court will have a definite proof that the trial has not be done properly and hence the case be remanded to lower court. As soon as the case is remanded for retrial in DRT, we shall amend the pleadings to include all the wrong doings of the bank as well as the counter-claim.


 

(3) Ignoring Review – Heavy sufferings to the Borrower in DRT Jabalpur  

 

Recently one of our clients at Indore did not follow our advice for Reviewing the order of the Magistrate and instead went for Appeal to the PO DRT Jabalpur and hence he suffered heavily, correction of which will be immensely difficult.

 

Our Comments  

 

The order of the Magistrate u/s 14 had several strong points for Review. Ignoring such Review the party lost an opportunity to impress upon the Magistrate to correct the same. Had the Review been filed and with all the precautions i.e. written arguments, application to include all the points in the Review Order etc and suppose the Magistrate refuses to correct the same, the Appeal would have had substantial grounds. Further in serious matter like sec 14, the Appeal also requires lot of hard work and close follow up during and after arguments.

 

(4) Obama fined 120 pounds for unpaid London congestion charge

Mr. B.K. Dubey, our associate has sent the following news release showing that how the Municipal Corporation of London does not bother about the most strongest political person and pays attention to implementation of law.

 

By ANI | ANI – Wed, Jul 20, 2011

http://in.news.yahoo.com/obama-fined-120-pounds-unpaid-london-congestion-charge-101147023.html

 

London, July 20(ANI): Johnson has fined the United States 120 pounds (nearly $200 U.S. dollars) in congestion levies--10 pounds per vehicle--for the presidential motorcade used during Obama's state visit in May.

According to The Sun, Obama was hit with the penalty for his motorcade in London.

London Mayor Boris Johnson had wanted the 10-pound congestion fee to be paid for the President's armour-plated limousine and all other cars during his visit.

Johnson is understood to have raised the issue with Obama at a Buckingham Palace banquet during his visit.

The supposed transgression is challenged by the US, which sees the charge as a tax from which diplomatic vehicles are exempt under the 1960 Vienna Convention.

Transport For London, meanwhile, has a policy of charging on any and all vehicles with foreign plates, even diplomatic ones. (ANI)

(5) Never Ever Lose HOPE

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

 

If you can look at the sunset and smile,

Then you still have hope.

If you can find beauty in the colors of a small flower,

Then you still have hope.

If you can find pleasure in the movement of a butterfly,

Then you still have hope. 

If the smile of a child can still warm your heart,

Then you still have hope. 

If you can see the good in other people,

Then you still have hope.

If the sight of a rainbow still makes you stop and stare in wonder,

then you still have hope.

If you still offer your hand in friendship to others that

Have touched your life, then you still have hope.

 

If the suffering of others still fills you with pain,

 then you still have hope.

If you look forward to a time or place of quiet and

Reflection, then you still have hope. 

 

If you can look to the past and smile, then you still have hope.

 

If, when faced with the bad, when told everything is futile,

you can still look up and end the conversation with the phrase

... "yeah... BUT..." then you still have hope.

Hope is such a marvelous thing. It bends, it twists, it

Sometimes hides, but rarely does it break.

 

It sustains us when nothing else can.

 

It gives us reason to continue and courage to move ahead,

When we tell ourselves we'd rather give in.

 

Hope puts a smile on our face when the heart cannot manage.

Hope puts our feet on the path when our eyes cannot see it.

 

Hope moves us to act when our souls are confused of the

Direction.

 

Hope is a wonderful thing, something to be cherished and nurtured,

and something that will refresh us in return.

 

And it can be found in each of us, and it can bring light into the darkest of places.

Never ever lose hope.

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

 

A drop by drop Ocean is made, a brick by brick a Palace is created and Hence a vote by vote, you can bring down Most Corrupt Government

We are witnessing the real fight by the citizens against the most corrupt political system evolved past 64 years by all the political parties. The incidence of 4th June 2011 is available in video form showing how Brutal a Govt can be against its citizens.

Imagine we have videos of 1857 and Jaliyawalla Kand, we could have compared it with our videos of 4th June 2011.

Politicians feel that Public memory is very short but the modern technology can make such memory permanent.

Yesterday there was a news item as to how Delhi Police had beaten a women vendor to death. The daughter and relatives of the women kept the body on the spot till action is taken against the Delhi Police. We immediately recorded the program and kept in our Election 2014 file. In next 2 years, we shall have sufficient video proofs which will enable us to decide as to how and to whom we should cast our votes.

In democracy highest office is held by a citizen and when he is armed with videos, the politicians can not fool by relying on short memory. Hence we request all the recipients of the weekly mails to learn video recording of the TV Program. The process is very simple. You buy a set top box with recording facilities. The output be connected to a computer with a TV Tuner card and such program can be easily recorded or personal use. This is just like you can make photocopy of an article in a news paper and use it for personal purpose.

To recall from our memory, such videos will be of immense use at the time of the next general election in 2014. Nobody can force us to vote. No lathi charge can made to get the votes. Rather the lathi charge of 4th June 2011 (with display of 37 video clips sent to SC) can take away sizable votes.

There are now 70 cores mobile phones in the country. We should learn video recording on these phones. Even most powerful politician at the time of election comes with folded hands asking for votes. We shall record his videos how he requests for votes. Now you will two videos, one request with folded hands and another lathi charge when you were sleeping with your parents, children and relatives. You, your family, relatives, neighbours etc will be in a better position to decide whom to vote. If you make mistake, not only you will lose chances of getting your Rs. 5 lac 40 thousand per head but if you happen to talk about it, you will be beaten during your sleep.     

Please help us as well as yourself to spread the above message to as much people you can on daily basis during next two years.

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DRT Solutions Weekly Mail – 167th Issue dated 22nd July ’11


 

(1) Problems in DRT and Importance of Review

 

One of our clients at Bangalore has informed the following problems:-

(a) The PO in the said DRT is looking after other two DRTs also and hence he is extremely busy.

(b) The said PO is an ex-banker and appears to have no practical legal knowledge of a trial court.

(d) On account of above, there is a huge discontent among the borrowers, guarantors and their  advocates on account of biased orders favoring banks.

(e) We have advised that Review and Appeal must be filed against such orders. Court proceedings must be audio recorded and written record verbatim be filed in the court. When there will be several cases, cases be filed in DRAT to transfer the case to some other DRT. Side by side, writ be filed in High Court so that injustice be thus caused is remedied. The affected borrowers and guarantors should initiate suitable joint action.

(f)  Many of the Advocates do not believe in the remedy of Review. In this connection, the following information will be useful.

 

Our Comments

 

(1)    The DRTs were created consequent on the Tiwari Committee Report on ‘Rehabilitation of Sick units’ in 1980. The said Committee recommended formation of Tribunals which should be manned (i.e. Judges and Advocates) by persons having knowledge about banking, industry and finance. The said recommendation of 30 years back has not yet been implemented.

(2)    As per Article 141 of the Constitution of India, the law declared by the Supreme Court shall be binding on all courts (which includes the Tribunals i.e. DRTs also) in territory of India. The Supreme Court in its judgment vide AIR 1969 SC 1167, Swaranlata vs Harendra Kumar has laid down in Para 6 as to how the trial is to be conducted. The DRTs are required to follow the said law. Most of the judges of the DRTs are not following the said law.

(3)    Violation of law declared by the Supreme Court amounts to ‘Error Apparent on Face of Records’ and hence such orders of the DRTs become amenable to correction by way of Review.

(4)    The remedy of Review is as old as the present legal system vide Pg 842 in “Commentaries on the Laws of England’ by Blackstone, 4th Edition 1938. This Commentary is referred to by our Supreme Court in its several judgments. Many of our Advocates and Judges do not believe in the Review due to their lack of knowledge.

(5)    Recently the Govt of India has filed Review in the matter of formation of SIT to investigate the quantum of Black Money. Even in the famous case of Union Carbide, the question of Review was raised. One of our clients got a favorable Review order in 1997. If one goes through any Digest on CPC, he will find that past 100 years there are many cases of successful Reviews.

(6)    The famous judgment on Reference on the matter of Review vide AIR (35) 1948 Allahabad 353, Behari Lal vs Gobardhan Lal is virtually a research on the matter of Review past 150 years.

(7)    The tool of Review is most powerful whenever any Judge disregards his duty to do justice. One will have to use the law declared by the Supreme Court in the matter of Mohd Akram so that all the points raised during the arguments are covered in the order.    

 

 

(2) Cases against Netas seldom probed properly says Supreme Court

   

 

Dhananjay Mahapatra, TNN | Jun 29, 2011, 01.35am IST

http://timesofindia.indiatimes.com/india/Cases-against-netas-seldom-probed-properly-says-Supreme-Court/articleshow/9032130.cms

NEW DELHI: The Supreme Court has moved to plug loopholes in the judicial administration system that are exploited to undermine probe into criminal cases involving important political figures and inordinately delay their trial. 

Terming the problem a 'grave and serious' danger to justice delivery system, the apex court has sought a report from the Law Commission on the issue. 

The initiative came in response to a PIL filed recently by V K Ohri which stated that criminal cases against influential persons seldom got properly investigated and tried fairly, expeditiously and in accordance with law. 

"As a result, influential people/accused having committed heinous offences are not brought to book and are mostly able to escape. This results, on many occasions, into grave miscarriage of justice and erodes the credibility of the criminal justice system," Ohri's counsel Prashant Bhushan told the court. 

A bench comprising Justices Aftab Alam and R M Lodha said, "The problem identified in the writ petition is indeed grave and requires serious consideration. However, the court finds it difficult to deal with the issue in a meaningful way in the absence of necessary data and all the facts and figures relevant to the issue." 

It added, "In these circumstances, apart from expecting a serious assistance from the side of theUnion of India, we would like the Law Commission of India to examine the matter and submit its report with a view to assist the court." 

The court requested the commission to consider the issue and submit a detailed report by end of August, when Ohri's petition would be taken up for hearing afresh. The commission headed by Justice P V Reddy discussed the issue last week and kept it for further deliberation next month. 

The petitioner had cited the case of Shibu Soren, alleging that despite being declared proclaimed offender in a case, he was able to avoid arrest allegedly in connivance with police, and attended Parliament, election meetings and became a minister at the Centre. 

"Similar is the fate of thousands of cases against influential persons who have committed gruesome crimes against common man and have gone scot free due to delay in process manipulated by them because of their influence," the petitioner said. 

The outcome of the case could affect the proceedings of the 2G scam trial in which former telecom minister A Raja, MP Kanimozhi and corporate biggies are made accused after the CBI filed a chargesheet alleging that the nation was cheated of Rs 22,000 crore because of irregular allotment of spectrum. 

 

 

(3) Japan’s 97-year-old Physician Educator offers his advice as to how to live a Happy Life

 

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

 

Shigeaki Hinohara: Words to Live By

 

Japan's 97-year-old physician educator offers advice for seniors ~ Japan Times

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

>  At the age of 97 years and 4 months, Shigeaki Hinohara is one of the
>  world's longest-serving physicians and educators. Hinohara's magic touch
>  is legendary: Since 1941 he has been healing patients at St. Luke's
>  International Hospital in Tokyo and teaching at St. Luke's College of
>  Nursing. After World War II, he envisioned a world-class hospital and
>  college springing from the ruins of Tokyo; thanks to his pioneering spirit
>  and business savvy, the doctor turned these institutions into the nation's
>  top medical facility and nursing school. Today he serves as chairman of
>  the board of trustees at both organizations. Always willing to try new
>  things, he has published around 150 books since his 75th birthday,
>  including "Living Long, Living Good" that has sold more than 1.2 million
>  copies. As the founder of the New Elderly Movement, Hinohara encourages
>  others to live a long and happy life, a quest in which no role model is
>  better than the doctor himself.
>
>  Energy comes from feeling good, not from eating well or sleeping a lot.
>  We all remember how as children, when we were having fun, we often forgot
>  to eat or sleep. I believe that we can keep that attitude as adults, too.
>  It's best not to tire the body with too many rules such as lunchtime and
>  bedtime.
>
>  All people who live long — regardless of nationality, race or gender —
>  share one thing in common: None are overweight.
>  For breakfast I drink coffee, a glass of milk and some orange juice with
>  a tablespoon of olive oil in it. Olive oil is great for the arteries and
>  keeps my skin healthy. Lunch is milk and a few cookies, or nothing when I
>  am too busy to eat. I never get hungry because I focus on my work. Dinner
>  is veggies, a bit of fish and rice, and, twice a week, 100 grams of lean
>  meat.

>  Always plan ahead.
>  My schedule book is already full until 2014, with lectures and my usual
>  hospital work. In 2016 I'll have some fun, though: I plan to attend the
>  Tokyo Olympics!

>  There is no need to ever retire, but if one must, it should be a lot later
>  than 65.
>  The current retirement age was set at 65 half a century ago, when the
>  average life-expectancy in Japan was 68 years and only 125 Japanese were
>  over 100 years old. Today, Japanese women live to be around 86 and men 80,
>  and we have 36,000 centenarians in our country. In 20 years we will have
>  about 50,000 people over the age of 100.

>  Share what you know.
>  I give 150 lectures a year, some for 100 elementary school children,
>  others for 4,500 business people. I usually speak for 60 to 90 minutes,
>  standing, to stay strong.

>  When a doctor recommends you take a test or have some surgery, ask whether
>  the doctor would suggest that his or her spouse or children go through
>  such a procedure.
>  Contrary to popular belief, doctors can't cure everyone. So why cause
>  unnecessary pain with surgery? I think music and animal therapy can help
>  more than most doctors imagine.

>  To stay healthy, always take the stairs and carry your own stuff.
>  I take two stairs at a time, to get my muscles moving.

>  My inspiration is Robert Browning's poem "Abt Vogler."
>  My father used to read it to me. It encourages us to make big art, not
>  small scribbles. It says to try to draw a circle so huge that there is no
>  way we can finish it while we are alive. All we see is an arch; the rest
>  is beyond our vision but it is there in the distance.

>  Pain is mysterious, and having fun is the best way to forget it.
>  If a child has a toothache, and you start playing a game together, he or
>  she immediately forgets the pain. Hospitals must cater to the basic need
>  of patients: We all want to have fun. At St. Luke's we have music and
>  animal therapies, and art classes.

>  Don't be crazy about amassing material things.
>  Remember: You don't know when your number is up, and you can't take it
>  with you to the next place.

>  Hospitals must be designed and prepared for major disasters, and they must
>  accept every patient who appears at their doors.
>  We designed St. Luke's so we can operate anywhere: in the basement, in
>  the corridors, in the chapel. Most people thought I was crazy to prepare
>  for a catastrophe, but on March 20, 1995, I was unfortunately proven right
>  when members of the Aum Shinrikyu religious cult launched a terrorist
>  attack in the Tokyo subway. We accepted 740 victims and in two hours
>  figured out that it was sarin gas that had hit them. Sadly we lost one
>  person, but we saved 739 lives.

>  Science alone can't cure or help people.
>  Science lumps us all together, but illness is individual. Each person is
>  unique, and diseases are connected to their hearts. To know the illness
>  and help people, we need liberal and visual arts, not just medical ones.

>  Life is filled with incidents.
>  On March 31, 1970, when I was 59 years old, I boarded the Yodogo, a
>  flight from Tokyo to Fukuoka. It was a beautiful sunny morning, and as
>  Mount Fuji came into sight, the plane was hijacked by the Japanese
>  Communist League-Red Army Faction. I spent the next four days handcuffed
>  to my seat in 40-degree heat. As a doctor, I looked at it all as an
>  experiment and was amazed at how the body slowed down in a crisis.

>  Find a role model and aim to achieve even more than they could ever do.
>  My father went to the United States in 1900 to study at Duke University
>  in North Carolina. He was a pioneer and one of my heroes. Later I found a
>  few more life guides, and when I am stuck, I ask myself how they would
>  deal with the problem.

>  It's wonderful to live long.
>  Until one is 60 years old, it is easy to work for one's family and to
>  achieve one's goals. But in our later years, we should strive to
>  contribute to society. Since the age of 65, I have worked as a volunteer.
>  I still put in 18 hours seven days a week and love every minute of it.

 

 

 


 

Rs 5 lac 40 thousand is share of every body among 121 crore Indians out of the black money looted by the politicians, bureaucrats and businessmen.

 

This will be the question before the candidates coming to us for votes during next general election. What is the guarantee that if we raise this question after his election, will his govt and police beat us during sleep. We will show him the video clips which show the lathi charge by Delhi Police as well as the false affidavit filed before the SC that there was no lathi charge. Public feels that as British were made to leave this country, the present politicians of any party should not be allowed to enter the Parliament. We should enlighten our maid servants, employees, man on the street, our circle etc. Politicians feel that public memory is very short but this is the topic which we have to revise daily till the Parliament is purged of the goonda elements whose job is to make us fool and loot our hard earned money. Intellectuals and educated persons have a much greater responsibility towards our nation and fellow human beings particularly poor persons who have the same vote but are driven to hapless life due to the said loot past 64 years.


 

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. This service is free in the best interest of society in general and litigant borrowers and guarantors in particular. We are getting huge no of mails appreciating our weekly mails.  We welcome suggestions.

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DRT Solutions Weekly Mail – 166th Issue dated 15th July ’11


 

(1) Mughal-era law still governs road accident relief: SC

 

Just after becoming independent in 1947, we evolved our own constitution based on various constitutions existing in the world at that time and it was introduced in 1950. We took pride and announced that we have a world class constitution. But we didn’t do anything to create world class courts, world class advocates and world class judges. As a result now we have more than 3 crore cases pending in the courts and the high court judges are telling that it will take 320 years to clear the pendency.

 

We still continue to have not only British laws but even older Mughal-era laws as may be seen from the following news item. The worst part is that despite SC telling past 20 years to amend such laws, there is no effect on our Govt.

 

Dhananjay Mahapatra, TNN | Jul 9, 2011, 01.53am IST

http://timesofindia.indiatimes.com/india/Mughal-era-law-still-governs-road-accident-relief-SC/articleshow/9156097.cms

 

NEW DELHI: Apart from the penal laws punishing drunk drivers running over people, can the offender be sued by the victim's relatives for compensation? 

Yes, under a law that was enacted when the last Mughal Emperor, Bahadur Shah Zafar, was the titular head of the throne at Delhi

Taking note of this, the Supreme Court has asked the Centre to immediately commence work to draft a new law to replace the archaic legislation. It expressed serious concern over the extreme inadequacies in the law governing suits for damage filed by relatives to claim compensation for death due to rash and negligent act, including drunken driving cases. 

It rapped the government for not taking note of a 20-year-old apex court judgment recommending drastic change in the 1855 law or a new legislation to meet the present day challenges. 

A bench of Justices Aftab Alam and R M Lodha said: "We are constrained to observe that a suit for damages for a murder of a person, like the present one, is filed under Fatal Accidents Act, 1855. As the year of enactment shows, the Act dates back to the period when the greater part of the country was under the control of East India Company with the last Mughal 'Emperor', Bahadur Shah Zafar, as the ineffective, though titular monarch on the throne at Delhi." 

The Act was enacted to provide compensation to families for loss occasioned by the death of a person caused by actionable wrong. "It is a matter of grave concern that such sensitive matters like payment of compensation and damages for death resulting from a wrongful or negligent act are governed by a law which is more than one and a half centuries old," said Justice Alam, who wrote the judgment for the bench. 

With anguish it remembered that a constitution bench of the Supreme Court in a 1990 judgment had said: "The Fatal Accidents Act, on account of its limited and restrictive application, is hardly suited to meet such challenge. We are, therefore, of the opinion that the old antiquated Act should be drastically amended or fresh legislation should be enacted which should contain appropriate provisions" for various exigencies. 

Justice Alam said: "It is unfortunate that the observations of the Supreme Court have so far gone completely unheeded. We hope and trust that the Union government would at least now take note of the urgent need to bring a contemporaneous and comprehensive legislation on the subject and proceed to act in the matter without further delay."


 

Our Comments

 

On one hand the Govt. is not bothered to amend the Mughal and British-era laws, it is enacting coercive legislations such as Securitisation Act, the Govt wants DRTs to decide the cases within 6 months, the DRT Judges are being appointed by the Ministry of Finance despite SC verdict that it should be done by the Ministry of Law. Such inherently biased DRT Judges are inclined to favour the banks. Thus there is no proper judicial management in our country in any area whether it is Legislation, Courts or DRTs, appointment and training of the Judges.

 

In view of above facts and circumstances, we have come to the conclusion past several years that the litigant borrowers and guarantors alone will have to take the lead in safeguarding their own interests by understanding and using the relevant legal provisions on which we throw light through our web sites and the weekly mails.


 

(2) Our Per capita share in the Black Money is Rs. 4 lac 40 thousand on conservative estimate    

 

Mr. Firoz Poonawalla has sent a presentation on ‘Corruption in India’ vide attachment  this mail. From the data given in the said presentation, we conclude as under:-

 

(a)    Past 64 years, the politicians, bureaucrats and businessmen in collusion have looted our hard earned money and the amount deposited by them in foreign banks and tax havens is $ 1456 billion (1.4 Trillion dollars) i.e. Rs. 655 lac crores based on one dollar equals Rs. 45 (today’s rate is Rs. 47.96) Thus from conservative estimates, per capital amount for 121 crores Indians comes to Rs. 5 lac 40 thousand.

(b)    The public must quote this figure while talking to the politicians and bureaucrats so that they are pressurized to get the said public money as early as possible.

(c)    There are 40,000 cases in DRTs and each case on conservative estimate is affecting 10 persons and thus the affected persons have a sum of Rs 21,600 crores. Imagine if this money is invested in the following DRTs aspects, the results will be spectacular;-

(1)    The number of DRT judges should be increased to 10 times.

(2)    The said DRT Judges be imparted one year training in banking, industries, finance, technology, trial court management etc.

(3)    The DRT advocates should have 6 months training in all the above aspects.

(4)    There should not be any court fee or deposits.

(5)    Court rooms should be modernized with latest facilities.

(6)    Each DRT will have its own web site and there will be live transmission of proceedings.

(7)    Each case including counter-claims be decided in 9 months time.

(8)    Such quick decisions will improve the banks, industries, business, businessmen and entrepreneurs.

Thus we will have world class DRT courts, DRT advocates, DRT Judges and hence it is our duty to devote portion of our time to get the said black money as early as possible. Till such time we must not allow any injustice in the present setup and as emphasized, the litigant borrowers alone will have to involve themselves.

 

(3) SC calls for Media Video Clips in the matter of False Affidavit by Delhi Police   

 

In this connection, reference is made to news item at Pg-1 of Patrika, Indore edition wherein it is stated that the Delhi Police informed that there were 40 CCTVs in Ram Lila Ground. These cameras were confiscated by Delhi Police which further informed that some were defective and some were stolen. The Apex Court then enquired from Delhi Police whether any FIR was lodged. When the reply was negative, the Court ordered to obtain Media Video Footage.

 

On such observations of the SC and in order to help the court, we have prepared a DVD containing 37 media video clips and the said DVD was sent to the SC with copy to Bharat Swabhiman Trust. Anyone who is interested in the said DVD, may obtain from us by sending an e-mail.

 

(4) Attitude   

 

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

 

1) Heavy rains remind us of challenges in life. Never ask for a lighter rain.

Just pray for a better umbrella.

That is attitude.

2) When flood comes, fish eat ants & when flood recedes, ants eat fish.

Only time matters. Just hold on,

God gives opportunity to everyone!

3) Some people always throw stones in your path. It depends on you what you make with them,Wall or Bridge?

Remember you are the architect of your life.

4) Every problem has (“n”+1) solutions,

where “n” is the number of solutions that you have tried

and “1” is that you have not tried. That's life.

5) It's not important

to hold all the good cards in life.

But it's important how well you play

the cards which you hold.

6) Often when we lose all hope

& think this is the end,

God smiles from above and says, relax dear

its just a bend. Not the end.

Have Faith and have a successful life.

7) One of the basic differences

between God and human is,

God gives, gives and forgives.

Human gets, gets, gets and forgets.

Be thankful in life!

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DRT Solutions Weekly Mail – 165th Issue dated 8th July ’11

(1) No faith in Govt, SC appoints special team to trail blackmoney

http://www.indianexpress.com/news/No-faith-in-govt--SC-appoints-special-team-to-trail-blackmoney/812533/

 

Pulling up the government for the 'laggardly pace' in investigations into the issue of black money stashed abroad, the Supreme Court today appointed a Special Investigation Team (SIT) headed by former apex court judge B P Jeevan Reddy to investigate and monitor steps taken to bring the unaccounted money back home.

Another former apex court judge M B Shah will be Vice Chairman of the 13-member SIT into which Director of Research and Analysis Wing (RAW) has been inducted.

A bench comprising Justices B Sudershan Reddy and S S Nijjar, which is seized of the issue raised in a PIL by noted jurist Ram Jethmalani and others, pronounced the order saying monies generated and secreted away reveal the degree of "softness of the State".

The court rejected the demand for disclosing the names of individuals which had figured in the list given by German government but ordered giving out the names of those against whom show-cause notices have already been issued and prosecution has taken place.

(2) Black Money contains Portion for All Citizens including that of Yourself, Bank Officials and Judges. 

Past 64 years, the politicians, bureaucrats and businessmen in collusion have looted our hard earned money. Had it been in our own country, it would have been part of circulation but these thieves had been so callous that they have transferred the loot to foreign banks. The foreign banks and governments had been using and enjoying our money. The worst part is that the same money becomes part of our borrowing through world bank and IMF. Further the said thieves dare to invest in our country through Mauritius Route.

The quantum of this money is so huge, modest estimates put it to something like Rs. 400 lac crores.

The fault lies with us who are the owners of the said money and we are not bothered about the daylight robbery and loot.

Had this money would have been in our country, we long back could have better roads, railways, ports, aerodromes, etc.

Our first thought comes to the Judiciary and DRTs. Had this money been with us, government would have not dared to restrict only 1% on the judiciary compared with 8 to 12% in developed country. The civil trial courts would have decided the cases in 9 months as in USA. Then there would have been no need of DRTs. The bankers would have been more law abiding to implement the RBI Guidelines, Govt policies and SC judgments. Hence all the litigant borrows and guarantors are also suffering due to the said loot and robbery. If we continue to sleep and ignore this important leakage of our hard earned wealth, we are committing a serious wrong doing due to breach of our duty of care towards our family and our children. Please devote portion of your time daily say at least half an hour. There is sufficient material on the internet and study the same, discuss in you circle and spread the message in the society. We may resort to the following thought process and action plan:-

(a)    Every citizen has the highest office even more than President of India as he/she is a public servant. This was stated by Justice Hegde and we have got the media video clip. 

(b)    We need not follow any leader, party, group etc. We should start from our home and discuss the matter with whomsoever we come in contact.

(c)    We should talk to employees particularly low paid servants and maids and explain them meaning of black money and how it has been and continues to be looted.

(d)    We should tell them the importance of election and following method of choosing candidates:

(i)                  First preference to the Independent Candidate. Visit home of that candidate and ascertain from his neighbors whether he is honest and hard working.

(ii)                Second preference to the party which had been least in power. It is well known that more no of years the party is in power, more is the loot.      

(e)    Learn video making on you mobile. Whenever you visit house of the candidate and talk to them, make video films for future records. During elections, make videos of the promises made by the candidates. 

(f)      Show these videos in your circle, family and employees. On holidays visit the pockets of voters and show them these videos. Post these videos on YouTube and internet. Send these videos to TV Channels. Make CDs of these videos and handover to the public. 

(g)    If you do above, for next 2 years, there will be a sizable impact. The message will go to the politicians(i.e. servants) that their masters have woken up from sleep as the video record from the mobile, internet and TV Channels will prevent them to fool their masters.

(h)    Study Constitution and SC judgments so that you can point out to the politicians that they can not fool the public and hence the black money has to come back, the guilty has to be punished.

(i)      Whenever anyone of you visit my office, we may exchange our views and videos.

(j)      Our goal is have a parliament of such members who will selflessly work for the nation. They will enact ‘Right to Recall’ (based on our video proofs), ‘Right to Reject’ (i.e. if none of the candidate is competent, we shall reject all so that there will be reelection. The parties will be afraid to spend money again and again and hence they will have to come up with proper candidates. Here again our videos will be of great use.)

(k)    This is a silent movement by the citizens without aligning with any party, group, caste and creed. Citizens working for betterment of their fellow citizens, their families and children. Instead of complaining, if we do some solid work, it will be our contribution to cherish our democracy for which nearly 7 lac persons sacrificed their life during freedom movement. 

(3) High Court Madras orders that the Banks can not put up any Posters or Banners in Public Places for Recovery of their dues 

One of our client from Chennai informed that the bank had initiated steps for publicity by way of pasting posters and banners in public places about the  alleged debt due and such banners were seriously affecting their business. They wrote to the bank but the bank officials did not remove the said banners. The said client then approached the High Court which ordered on 01.07.11 that the power of the bank is limited under the SARFAESI Act only to take measures for recovery of their dues and by exercising of that power, it cannot publish or paste notices in various public places indicating that they are taking action for bringing property for sale. High Court ordered the office to communicate the said order by wire.  

(4) Certain Judgments Favorable to Borrowers and Guarantors 

(1)    The Gauhati High Court in the matter of Smt. Shila Roy vs Union of India on 28.9.10 ordered that the Order of the Recovery Officer should not be challenged in writ petition instead appeal should be filed under sec 30 of the DRT Act before the PO DRT.

(2)    The Calcutta High Court in the matter of UCO Bank vs Narayan Chandra Goyal on 07.12.10 ordered that DRAT has no powers to waive the deposit to be submitted along with the Appeal.

Our Comments

We have been cautioning repeatedly that this issue needs to be taken up by way of PIL. Till such time, the PIL is initiated and decided, we have been emphasizing the importance of counter-claim / damages as well as perfect and comprehensive trial so that borrowers win their cases in DRT and in that eventuality such deposit will not be required for appeal if any.

(3)    The Jharkhand High Court in the matter of M/s Jayant Agencies vs Canara Bank on 15.12.10 ordered that the secured creditor can not be allowed to refuse consideration of borrower’s representation in a casual manner. Further it held the possession notice issued immature and improper. The High Court stated that a power which affects right of a person must be excercised fairly and judiciously – a person whose right is to be adversely affected by any order has to be given a fair opportunity of hearing.

(4)    The DRT Jabalpur in the matter of Shripad Madhao Kapil vs State Bank of Indore found that the bank has not taken proper care in classifying account as non-performing asset before proceeding to issue demand notice, the authorised officer acted in a casual manner violating mandate under sec 13(3-A), earnest money and deposit of 25% was not done by the bidder on the date of auction – entire action for recovery founded on violations of provisions of law from commencement till its conclusion – fit case for quashing entire recovery proceedings – Bank directed to handover possession of secured asset to the borrower – costs of Rs. 25000 imposed on bank.  

(5) Enjoy Life Today 

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

Something To Think About!  

--------------------------------------------   

Imagine that you had won the following prize in a contest:
Each morning your bank would deposit $86,400.00 in your private account for your use. 
 

However, this prize has rules, just as any game has certain rules.     

The first set of rules would be: 
Everything that you didn't spend during each day would be taken away from you. 
You may not simply transfer money into some other account. 
You may only spend it. 
Each morning upon awakening, the bank opens your account with another $86,400.00 for that day.
  
The second set of rules: 
The bank can end the game without warning; at any time it can say, 
 

Its over, the game is over!  

It can close the account and you will not receive a new one.  
What would you personally do?
 You would buy anything and everything you wanted, right? 
 Not only for yourself, but for all people you love, right?
  
 Even for people you don't know, because you couldn’t possibly spend it all on yourself, right? 
You would try to spend every cent, and use it all, right?
    

ACTUALLY, this GAME is REALITY!    

Each of us is in possession of such a magical bank. We just can't seem to see it. 
The MAGICAL BANK is TIME! 
   

Each morning we awaken to receive 86,400 seconds as a gift of life, and when we go to sleep at night, any remaining time is NOT credited to us.    
What we haven't lived up that day is forever lost. 
   

Yesterday is forever gone.    

Each morning the account is refilled, but the bank can dissolve your account at any time....WITHOUT WARNING.    

SO, what will YOU do with your 86,400 seconds?    

Aren't they worth so much more than the same amount in dollars?   
Think about that, and always think of this: 
Enjoy every second of your life, because time races by so much quicker than you think. 
  

So take care of yourself, be Happy, Love Deeply and enjoy life!  

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DRT Solutions Weekly Mail – 164th Issue(2) dated 1st July ’11

(1) Attitude of Executives in India – not bound by any law – proved by Govt. & Police Action on 4th June ’11 midnight 

The Executive Action by the Police under the approval of the Govt on the  midnight of 4th June ’11  the following facts:-

(a)    As per the Constitution of India and the provisions of various existing laws, the said action prima facie is totally illegal.

(b)    The Govt through Police not only committed the said illegal act openly, it continues to justify it.

(c)    The Govt committed another illegal act by filing a wrong affidavit before the Supreme Court.

(d)    The above is borne out of inherent attitude that the Executives in India that they are not bound by any law and hence they are not afraid of any such violations. If the affected person has any problem, he has to go to the Court of Law.

(e)    In the Court of Law, the said affected person has to fight using his own money and time. On the other hand, the said Executive will fight using public money and he gets salary during the time he fights such battle.

(f)      The said Executive will fight from the lower court upto the Supreme Court using all technical provisions and hence the battle may take years and decades. Hence the Executive is not at all afraid of such violations. That is why he feels that he is not bound by any law.

(g)    In USA, all suits are decided in 9 months and no case can be filed in Higher Courts until and unless trial has established the controversial facts. In all cases, the punishment is by way of damages and jail terms and that is why the Executives are always afraid of taking law into their hands as happened on 4th June ‘11’

(h)    In Germany and few other nations, no recovery suit can be filed against a unit which is under loss or closed. The unit needs to be brought in healthy state first and then only suit can be filed. In Japan, such legal action is extremely rare. In China, no such legal action is possible. In such nations, running of the unit is paid maximum attention. The industrialist need not leave his unit, the bank and other executives have to visit them to render necessary service. In Japan, the Collector sits at a lower desk and public is given higher seat. Even in British days, the collector when writing a letter to public has to end the letter with ‘Yours most obedient servant’

(i)      Any way at present, our country is being ruled by Executives worst than the British days or other countries. Our Executives are not afraid of any law and hence their attitude is that they need not follow any law.

(j)      We do not know what trial will be conducted by the Supreme Court which has initiated a suo motu action. In our view since all the facts are available in the media video clips, the Supreme Court may come to the findings that the entry of the Police itself was illegal and unwarranted, the sufferers must be given all compensation, the activity on the Ramlila ground be allowed to be renewed at the cost of the Executives and the Govt. All persons who ordered and approved such action must be punished. If such action is not possible, the Govt must tender its resignation.

(k)    We are curiously watching whether our Constitution is in working condition or not. Till such time, we need to take following precautions.

Precautions

(a)    Since we are concerned with the defence of borrowers and guarantors in DRTs, accordingly we are highlighting the precautions for them.

(b)    The Bank Officials and the Judges are the Executives. We should never converse with them orally.

(c)    If there is any oral interaction, it must be recorded with least lapse of time which they must approve.

(d)    The said Executives are not to be trusted as they can change anytime to suit to their interest.

(e)    The Constitution and provisions of laws must be strictly applied when dealing with the said Executives.

(f)      One can not leave the things fully to intermediate agents liken the advocates. The litigants or his competent and trusted representative other than the advocate must always be present in the court of law. All proceedings must  contain the full record and certified copies be obtained periodically.

(g)    One should have sufficient financial resources to fight the battle upto the Supreme Court.

(h)    All orders must be minutely examined and if there is any defect, it should be corrected by the established process of Review and Appeal.

(i)      All orders must contain all the points pressed during the arguments otherwise the famous SC verdict in the matter of Mohd Akram vs Chief Election Commissioner must be applied.

(j)      Keeping all the above, we have been emphasizing past more than 10 years on our web site as well as in all the discussions and conferences that the legal battle in India is long drawn, time consuming and highly expensive.

 

(2) An Important Supreme Court Judgment relating to Sec 14 of the Securitisation Act – Action u/s 14 is questionable u/s 17 

The Supreme Court of India in the matter of Kanaiyalal Lalchand Sachdev vs State of Maharashtra decided on 07.02.11 has ruled that the order of the Magistrate u/s 14 can be questioned before the DRT u/s 17 of the Act.

It is relevant to note that we have been advising our clients that caveat should be filed in the Court of DM or CMM so that opportunity is extended during the proceedings in the said court. During the said opportunity, all the illegalities of the bank as well as the ‘No Debt Due’ on account of the loss and damages be emphasized and pressed. The Magistrate must cover all these points in his order. Despite these if the order is adverse, appeal should be filed u/s 17 in DRT.

 

(3) Comments of Public on Internet regarding 4th June Episode 

On internet, while searching Swami Ramdev in YouTube, we found following comments against the media video clips. It is learnt that the Govt of India has asked Google to remove these videos and comments.

 

http://www.youtube.com/watch?v=vP3y-taIzPI

http://www.youtube.com/all_comments?v=vP3y-taIzPI

 

·                                 Sorry for saying, but democracy never existed in India!  That is true of all common wealth nations! Booth capture is now hi-tech with EVMs!

MultiSamsoon 3 weeks ago 4 

·                                 roman catholic pagal woman must be banned from India

sutkumara 3 weeks ago 4

 

·                                 Rat me Sarkari esharo par Anyay Karne wali Police meri nazar me chor ki bhi bap hai. is ghatna ke bad sarkar ke sath-sath police bhi meri nazar me gir gayi hai: Deshbhakta

kumarkeshari 5 days ago

·                                 This is really painful.....This is the condition of God in Bharat.....Media was supported Anna's campaign but as Baba's Support base is really massive....the Govt and media tried all to break baba's movement....but people who are with baba are enlightened....so by doing or saying crap...it is impossible to misguide us.....

undy999 1 week ago

·                                 This is really painful.....This is the condition of God in Bharat.....

undy999 1 week ago

·                                 I HOPE THE WHOLE NATION SUPPORTS AS ONE ANNA AND BRINGS DOWN THIS ARROGANT NON DEMOCRATIC GOVT AND UGLY FEUDAL AND PETTY POLTICANS LIKE DIGVIJAY SINGH TO HEELS

snfab1 2 weeks ago

·                                 khuub koso is madarchod congess ko , kos hi to sakte hai hum itna to adhikar hai hamare paas khuub koso inhe , iska badla milega unhe

abhishek619007 3 weeks ago

·                                 This is Murder of Democracy - Gandhiji Non Voilence Wepon worked hence blood shed of 1000's of people could be avoided - Govt has indicated that they can go to any extent.. Oh God I feel sorry that the sacrifice of Indian Freedom fighters have gone waste and once again India(bharat) has lost its freedom - SHAME!! our part that we people are electing such Peoples Representatives..

swarajkranti 3 weeks ago

·                                 Baba ramdev -1 Congress - 0. The round goes to Ramdev!

LORDOFWARS8 3 weeks ago 3 

·                                 shame on democracy !

noprehab1 3 weeks ago

·                                 Using the forces of fear and Brainwash, vatican congress still forces people to believe that they are living a democratic setup!

Transfer of power agreement that Nehru signed with Mountbatten is the most guarded peace of paper!

MultiSamsoon 3 weeks ago

·                                 dont vote for congress they think opposition is weak to take over country rule , brother and sisters this is democracy the fucking bitch slut SONIA is only for 5y , in next election show them their real AUKAT , DONT VOTE FOR CONGRESS , SALOO DELHI KYA TUMARE BAAP TUMAHRI AMMA KI SHADI MAIN LAYE THE JO BABA KO DELHI MAIN ENTER NAHI HO SAKTE , MADERCHOODOON CONGREE KE LODOON KALMADI ,A RAJA, ALI, LALU, AUR NA JANE KITNE KUTEE DELHI MAIN GHUMTE HAIN , SHARAM KARO , CONRESS WILL LOSE 2014!!!!!!!

MrSumit198

sutkumara 3 weeks ago 4 

·                                 Indian people go on streets!

Peaceful Protest!

yorkindustrial 3 weeks ago 3 

·                                 Anti Ramdev=Anti NATION!

yorkindustrial 3 weeks ago 3 

·                                 People who don't support Baba Ramdev are real Deshdrohi!

yorkindustrial 3 weeks ago

·                                 Shame on democracy!

yorkindustrial 3 weeks ago

·                                 british rule in India

yorkindustrial 3 weeks ago 2 

·                                 thunk thunk govt

designbar1 3 weeks ago

·                                 @designbar1 really?! agreement with a guy who supports 2G scam? Congress monarchy is about to end!

designbar1 3 weeks ago

·                                 @designbar1 I believe that letter was signed to show that Ramdev is flexible ... but mere signature on a paper agreeing to move ahead like that without any official oversight...seriously, will you accept that letter as document to be proof to be used in parliament?! And that too without any details of step-by-step measures (his original demand) ...as such it is not just Ramdev's agitation ...if it were me in his situation i would have continued ..I totally agree with Ramdev ...Bande Mataram!

·                                 @designbar1 its bull shit tere jaise congressio ki wajah se desh barbad ho raha hai . Tum congressi bas chatna jante ho bas khas taur se angrejo k talwe

tubegzb 2 weeks ago

·                                 save india from videshi forces.......2nd freddom fight needed

008keshav 3 weeks ago 2 

·                                 KKKangress is servant of white gori pagal woman.

sutkumara 3 weeks ago

·                                 Manmohan is a facilitator of scamsters & fraudsters. That he personally does not indulge in corruption is immaterial since he learnt a lesson long ago that his foray into politics gained momentum through his quality of 'strategic silence' and as a corporate scam facilitator. As long as he runs along this narrow niche without opening his mouth too wide, he believes he is safe.

Another factor is that he doesn't feel he is accountable to the public of India.

sticky4rod 3 weeks ago 

http://www.youtube.com/watch?v=fpkz6-eYV-A&feature=related

 

·                                 On the question of the timing of the eviction, Mr. Azad, Union Health Minister and Congress MP, said that was “for the security agencies to decide, right or wrong — the Prime Minister does not decide such things.” I mean come on!!!!! Do they think we are bunch of buffoons or what? The eviction process was totally taken only post consultations with Singh and Sonia. These congress walas can not get their story right and are changing their colors by seconds. Face saving measures wont help now.

azadvichar 3 weeks ago

·                                 क्योंकि काले धन पे उन्ही नेताओं का नाम है , जो नियम खुद बनाते हैं, तो भला वो खुद हे फासी के आवेदन पे कैसे हस्ताक्षर करेगें? पूरे दांचे को बदलने का समाय गया है, ऊपर से लेकर नीचे तक | सब के सब नेता लगभग बीके हुये हैं | और जो नहीं बीके हैं, एकदम मूक और असहाय से हैं | उनको भी गद्दी छोड़नी होगी | हमे असहाय नेताओं कि कोई आवश्यकता नहीं | एकदम से लूट का पूरा जाल बना रक्खा है इन नेताओं और हरामखोरो ने | जागो भारत वाशियों , जागो | इस आन्दोलन में पूर्ण शरीक हो | इस बिगड़ी व्यवस्था को बदलने में सहयोग दो |

azadvichar 3 weeks ago

·                                 एक स्वामी व् भारत प्रेमी, जिसको सम्पति से  ख़रीदा या बेचा जा सकता है, कांग्रेस कि कोई दाल नहीं गल पा रही है | अतेव , कांग्रेस सरकार एकदम तिलमिला गई है | दिल्ली आगमन के दौरान, प्रणव मुखर्जी ने स्वामी रामदेव को उनके दाताओं कि एक सूची दी थी | दरअसल एक हड़काने या धमकी के तौर पे ये उनका दांव था | लेकिन चाल उल्टी पड़ गई | पतंजली ट्रस्ट ने उन दाताओं को पूर्णत: स्वीकार ही नहीं किया, जिनके नाम व् पता बकायदे प्रमाणित नहीं है | प्रणव कि घिग्गी बंध गई | ये कांग्रेसी गन्दी सियासी हरकतों से बाज़ नहीं आयेगें

pulkit22sharma 3 weeks ago

·                                 where is the need to beat peaceful boys/girls/women? where is the need to do it at midnight on sleeping persons? is proesting against black moeny a crime?

rchiran 3 weeks ago

·                                 British given POLICE ACT was on display by vatican congress.

Police and Army are pawns in the hands of corrupt politicians. They will not hesitate to manhandle their own fellow countrymen for monthly pay, pension, awards, rewards and to go on an ego trip! British instituted training is imparted to police to make them inhuman.

·                                 Long live Swami Ramdev. Vikash Pandey (on twitter and google search "vikpandey")

HeIsVikashPandey 3 weeks ago 

·                                 @MultiSamsoon The colonial rule existed over 100 years but did face the heat and we did see better results. Time for a repeat and remove the 60 decades of curse!? Don't you think? Also, amazing to see where is Mr. Singh and Sonia in all of this heat?

azadvichar 3 weeks ago 3 

·                                 @azadvichar Very much! Not just remove them, but annihilate them too! Evil have to be eliminated and that cannot be done by non-violent means. It is only a matter of time.

MultiSamsoon 3 weeks ago

·                                 shame on goverment

manishbasedia 3 weeks ago 

Our Comments   

In YouTube on Internet, one may search, Swami Ramdev and find several media video clips which show how Govt through Police committed an illegal act on midnight of 4th June ’11 and another illegal act by  filing a wrong affidavit before the Supreme Court of India.

 

 

(4) About Ghee – Much used in our Country   

 

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

 

ABOUT GHEE - MUCH USED IN OUR COUNTRY.
>=========================================
>
>
> Facts:
>====
> 
Ghee is composed almost entirely of saturated fat.
> What you're already shaking your head with disgust??
> Just read on and have patience.
>
> Remember a good cook must have a lot of patience.
>
> Fact:
>
> When cooking, it can be unhealthy to heat
> polyunsaturated oils such as vegetable oils
> to high temperatures. Doing so creates peroxides
> and other free radicals. These substances lead
> to a variety of health problems and diseases.
> Hey now even vegetable oils sound scary!
> Good we're making progress here.
>
> Fact:
>
> 
Ghee has a very high smoke point and doesn't
> burn easily during cooking. 
Ghee has the
> more stable saturated bonds and so is lot
> less likely to form the dangerous free radicals
> when cooking. 
Ghee's short chain fatty acids
> are also metabolized very readily by the body.
> Hmm... So now aren't you confused?
>
> Is 
ghee good or bad you ask with a puzzled look?
> Be patient, just a bit more.
>
> Lab studies have shown 
ghee to reduce cholesterol
> both in the serum and intestine(aren't you surprised?!).
>
> It does it by triggering an increased secretion
> of biliary lipids (stuff coming out of your bile).
> 
Ghee is also good for nerves and brain.
>
> It helps control eye pressure and is beneficial
> to glaucoma patients.
>
> I bet you didn't know these,
> did you?
>
> 
Ghee is most notably said to stimulate
> the secretion of stomach acids to help with
> digestion, while other fats, such as butter and oils,
> slow down the digestive process and can sit
> heavy in the stomach.
>
> You don't want that really.
> In addition to 
ghee's nutritional value,
> it is rich with antioxidants and acts as an aid
> in the absorption of vitamins and minerals from
> other foods, feeding all layers of body tissue
> and serving to strengthen the immune system.
>
> A high concentration of butyric acid, a fatty acid
> that contains anti-viral properties, is believed to
> inhibit the growth of cancerous tumors.
>
> It is also good for treatment of burns and
> blisters; a little kitchen remedy there for y'all.
> According to Ayurveda 
ghee promotes learning
> and increased memory retention. Make sure you
> remember that. And it'll help you remember
>
> if you had some 
ghee!
> However, as a caveat, while in a healthy person
> consuming 
ghee may reduce your cholesterol
> or not affect it,
>
> it not advised for people
> already suffering from high cholesterol.
>
> So should you eat 
Ghee or not???
>
> If you're healthy, ABSOLUTELY. It is safer than
> butter and has more nutritional use than oil.
>
> Now you understand how the Punjabi’s have
> tonnes of 
ghee and still are fitter and stronger
> than any other group of Indians?
>
> Go get some 
ghee you weakling.
> A high concentration of butyric acid, a fatty
> acid that contains anti-viral properties, is believed
> to inhibit the growth of cancerous tumors.
> Although tests and research are still ongoing,
> it has been used in Indian medicinal practice
> to help with ulcers, constipation, and the promotion
> of healthy eyes and skin.
>
> An Indian folk-remedy
> for thousands of years, 
ghee is also said to promote
> learning and increased memory retention. It is used
> in Indian beauty creams to help soften skin,
> and as a topical for the treatment of burns and blisters.

 

horizontal rule

DRT Solutions Weekly Mail – 163rd Issue dated 24th June ’11


 

(1) Startling Facts about the Ram Lila Maidan Episode – Defeat of the Government   

 

The following are the startling facts about the Ram Lila Incidence happened on 5th June 2011 early hours:-

(a) Past 9 months, Swami Ramdevji toured all the States of the country covering one lac kms. It was non-stop having 2 to 4 functions every day without any break. He had direct contact with nearly ten crore people mostly villagers. Perhaps in the world history such tour of this magnitude has taken place. On account of such mass following the Govt became damn scared. During this period, there was no threat to his life.

(b) Several months in advance, he declared about the ‘Anshan’ by one lac persons at Ram Lila Ground’ on 4th June 2011.  This was  openly shown in the posters put up in and around Delhi. Even a child was fully knowing about the said Anshan – A peaceful protest. Such Anshan again has no parallel in world history. Naturally the Govt was highly scared.

(c) On 1st June when Swami Ramdevji arrived in Delhi, 4 Ministers of the government went to the airport to receive him. Further there was discussions at the airport itself for nearly 3 hours. The said 4 Ministers included Seniormost Mr. Pranav Mukherjee. These Ministers were aided by Principal Secretary and other Secretaries. Thus an army of Ministers and Secretaries were counteracted by Swami Ramdevji alone. He was well prepared with facts and figures on Black Money and Corruption based on World Bank, Transparency International, RBI etc. Mr. Ved Pratap Vaidik, a senior journalist who accompanied Swami Ramdevji in a video stated that Ramdevji was alone sufficient to deal with the said army of Ministers and Secretaries. Such welcome treatment has not been given to even to Mr. Obama, the President of America. As a whole, Swami Ramdevji was most powerful person in the eyes of the Govt. In fact the Ministers intended to please Swami Ramdevji but he was least affected as he was more bothered about the national issues of corruption and black money rather than getting pleased by the Ministers.

(d)  On 3rd, Mr. Kapil Sibbal played a mischief by taking a letter from Mr. Balkrishnaji that Govt accepts all their demands and the Anshan will be broken by 6th June. He said that since Congress Party has ridiculed the Minister and to save their faces, he desired to have such letter for showing to the Prime Minister. Both Swami Ramdevji and Balkrishnaji are simple hearted persons and they gave such letter.

(e) The Ministers tried their best but could not influence Swami Ramdevji and hence the said letter was shown to media by Kapil Sibbal. Thus there was clearcut breach of trust and hence Swami Ramdevji hardened his stand.

(f) The talks continued and again Govt sent another letter at 11 PM on 4th June stating that Govt accepts all their demands and stand committed to fulfil the same. It was just as simple reotoric. There was no effect of such letter on Swami Ramdevji. Balkrishnaji said that suitable reply will be sent in the morning.

(g) Thus Govt failed in all their scheming moves. Sensing that on 5th June, Anna Hazare was to meet Swami Ramdevji and it would be big showdown. Further being Sunday, the entire nation will view such showdown on TV, the Govt was left with no option to break the law. Hence it was a great defeat of the Govt. It is said that even schemes were prepared to kill Swami Ramdevji.

(h) The Govt is all powerful. It has huge Army, Police and Para-military forces. It has full control on the media and judiciary. It has all experts on all types of battles. It has no problem about financial resources. But such powerful Govt, became mad to take action at midnight to attack innocent old men, women and children who were deep in sleep and were fasting not for any personal cause. They were not stopping any traffic, not stopping any train, were not damaging any public property.

(i) Swami Ramdevji offered to arrest him peacefully but the Govt desired to send the mass of one lac people out of Delhi and hence they resorted to create scare by teargas shelling and water jetting and the innocent people were made to leave not only Pandal but Delhi.

(j) The best part is that Swami Ramdevji saved himself and now disheartened the Govt as to why he is alive. Swami Ramdevji was persuaded to live as otherwise the Govt acting in most criminal bend of mind would have been successful.

(k) Swami Ramdevji is back again with renewed spirit. Daily on Ashtha TV, he is dealing with all the above facts from 7AM to 8AM and 8PM to 9PM. His Yog Shivir will be resumed from 1st July. His plans for overseas Yog Shivir will be carried out. When he returns, he will resume his massive touring of the villages.

(l) He is supporting the proposed Anshan of Anna Hazare from 16th August.

(m) The persons taking part in Anshan from 16th August have been told to come prepared for the Police action just like the incidence of Ram Lila Maidan. If they are jailed, there will be country wide protest to go to Jail.

(n) All the videos and visuals are being recorded by the public and these will be used at the time of elections. Thus the forthcoming General Election will prove the mandate of the people i.e. the famous saying by a Supreme Court of USA and recalled by Justice Santosh Hegde – ‘ The highest office in a democracy is held by citizens’

 

(1) Harrowing Experience of A Borrower – Unprofessional Treatment by Advocates - Remedy   

 

On 20th June ’11, a small borrower narrated his harrowing experience. He filed his appeal u/s 17 of Securitisation Act in DRT Chennai. His advocate assured him that nothing will happen to his property till the said appeal is decided. When the case proceeded, the advocate told the borrower that the court has decided to grant stay provided Rs. one lac is paid to the bank. The borrower paid the said amount to the bank. The advocate continued telling the borrower that the case was going on as usual in the DRT. After about 7 months, a party came to the borrower to vacate his house as it was sold to him. When the borrower went to DRT, he was told that:-

(a)    The advocate never attended DRT.

(b)    There was no such order for payment of Rs. one lac to the bank.

(c)    The case was decided ex-parte.

(d)    Auction was held and the house was sold.

On further investigation, the borrower found from the bank accounts that out of the said Rs. one lac, Rs. 10,000=00 were paid to the Advocate. When the borrower told all these things to the Advocate, the said Advocate requested the borrower not to point out these facts to the DRT. Anther Advocate took up the case and with dilly dally took lot of time and then finally said the limitation for filing any appeal to DRAT was over. Obviously, the second Advocate happen to be in league with the first Advocate.

 

At this stage, the party rang to us. We advised him to write everything in his own language, go to DRT and handover the write up to the Judge personally stating as to how he was victimized by the Advocates.  

 

Our Comments   

To avoid incidents as above, we have been telling our clients to present in all proceedings, to take copies of the court proceedings, to be in touch with us just after the proceedings and before the proceedings. We all along emphasize that the stake of the client is highest and he himself has to understand everything from us and then discuss the matter with the advocate so that there are no chances of anybody misleading or deceiving. On all dates, we must ensure proper recording of proceedings. Further always written arguments be submitted. All orders must contain all the points placed during arguments. The pleadings in all submissions including interim applications must be self contained and one must prepare sufficiently in advance. With such advice, many of our clients changed the advocates till desired mode of working is achieved.

 

(3) Mr. Ram Kishan will be in Chandigarh from 25th Afternoon to 27thJune ‘11     

This is just for information, Mr. Ram Kishan will be in Chandigarh from 25th Afternoon to 27th  June ’11.  As usual he will be available on phone and e-mail.


 

(4) Relationships are like Trees     

 

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

 

Have you ever been to any orchard?

Did you notice, how these trees are planted?

 

There is always a gap between any two grown up trees. Every tree needs some space to grow properly. It needs the right amount of light, soil, water, mineral and loving hands of a farmer. When all these needs are being taken care of well then only the tree grows the way the farmer wants it to be.

 

Similarly, all relationships too need some space to grow. They also need right amount of all ingredients including love and affection to take a proper shape, any relationship is like the four pillars of a temple. They are together, but they cannot come very close to each other and if they do so, the walls of the temple would fall off, it would collapse. So friends, all relationships need a proper space to grow!

 

A tree is planted today but bears fruits only after a particular period, when it reaches maturity.

Similarly, our relationships also bear fruits at a later date. We shouldn't expect anything right from the beginning.

 

Big trees give shelter to all passersby without any expectations. And I have noticed that true, matured relationships too provide mental, emotional and physical shelter (support) to all.

 

Deeper the roots, stronger the hold of a tree. Similarly deeper the understanding, stronger the relationship.

 

When the winds are blowing harsh, the trees sway in the direction of wind and only those who do so, survive. Others are uprooted. Similarly, there are occasions when we just need to overlook a few things, just let them go, just flow with the wind. Only such relationships pass the test of hard times and survive even in not so favorable conditions.

 

Relationships are like trees, if nurtured with utmost love and care, will bear sweet fruits of love, compassion, strong emotional bonding and care.

horizontal rule

DRT Solutions Weekly Mail – 162nd Issue dated 17th June ’11


 

(1) Inherent Attitude of Public Servants – Amply Illustrated by Recent Public Movements   

 

The recent public movements i.e. by Anna Hazare and Swami Ramdev have validated our long time contentions as under:-

(a)    Moghul and British attacked other countries just as thieves attack prosperous people to loot them. India was a prosperous society and hence the Moghul and British came to India to rule with a view to loot and plunder the country as it was a rich nation. The British created official organization of babus i.e. public servants to accomplish their loot and plunder. Lord Macaulay designed the education system to create army of such public servants.

(b)    The said public servants had to be obedient to their masters i.e. their seniors and British Officers. More than 150 years of British rule i.e. spanning several generations created mental make up of the said public servants to rule over the public.

(c)    British established the Judicial System to decide the disputes between the public but none can fight against the Govt., its agencies and public servants.

(d)     Such approach made the people in power and the public servants not to be afraid of the rule of law or such people and servants can indulge in open violation of law.

(e)     We got freedom. A committee under the chairmanship of Ambedkar and created our Constitution by taking the best parts of various Constitutions existing at that time in the world. They said that we have a created a world class Constitution.

(f)      The Preamble in our constitution starts with

“We, the people of India - - - to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and opportunity;

FRATERNITY assuring the dignity of the individual and the unity of the Nation;

- - do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSITITUTION.” 

(g)     The British left the country but left behind the said babus i.e. public servants. The place of British was taken by the Netas. The Netas soon in connivance of babus aped the British Rule and indulged in loot and plunder of the nation. The Constitution was a great hurdle to them and hence they did not like the public should know about it.

(h)     Had the Netas and Babus been keen to bring in Democracy, there should have been a nation wide education program to educate all Indians, children, women and men to understand ,  grasp and assimilate  the Constitution. Had such a thing would have been done, there should have been sufficient courts with well trained advocates and judges imbibed with the values laid down by our Constitution. But the Netas and Babus will never liked this to happen. As a result there is huge black money, corruption and pendency in courts.

(i)       We continue to live in British Raj with their laws to rule over the public to loot and plunder the country. Instead of the British, we have Netas and Babus.

(j)       The existence of above facts and circumstances  was seen by the nation on the late night of 4th June 2011 at Ram Lila Maidan New Delhi at mid- night when armed police attacked sleeping women, children and old person. This incidence was broadcast live by various TV channels as the media persons were also sleeping with the said gathering:-

 

(k)   The Indian Police was quite brutal with the old persons, ladies and even children.

(l)     The said persons were deep in sleep.

(m) The said persons were fasting since morning.

(n)   They came to Delhi from various cities of India. It was gathering of about one lac persons.

(o)   All of a sudden, at about 1 AM Indian Standard Time, the Indian Police (about 15,000 in numbers and armed) wakes them up, orders them to leave the Pandal, beats them with lathis, scare them with tear gas shells and water jets and made them to run out of Delhi.

(p)   Many women were mishandled, their clothes were torn, some of them were made naked and no wonder some might have been raped.

(q)   Despite injuries, the Police chased them out of Delhi. They were asked to board whatever train was leaving Delhi.

(r)    It is said that about 5000 persons may be missing.

(s)    The Indian Media is not broadcasting the horror story of sufferers and missing persons.

(t)     Such brutal and heinous action by Police on a large sleeping public has no parallel in Human History. Even in Mahabharat days, no one was attacked in night. Even in British days no such police action was done in night. All warrants for arrest were served during day time with due notice. It is to be noted that the persons were sleeping. They were fasting. They did not have any personal cause. They were not obstructing any train or were not blocking any road. They did not damage any public property. They had fundamental rights. Duty of Police is to protect the citizens. Such brutal action has been condemned globally.

(u)   Police told that they had done very little otherwise the orders from the higher ups were for much stronger, tortuous and horror action so that none should dare to come against the government.

(v)    It is a matter of record that 4 Top Ministers of Govt of India went to airport to receive Baba Ramdev and had series of dialogues from 1st June to 4th June and accordingly the activities at Ram Lila Ground were to continue upto 6th June if the Govt heeded to all the demands. On the 1st day of fast i.e. 4th June at 11:30 PM, Baba Ramdev was hoodwinked with a simple promise letter. Within half an hour he and his one lac devotees who were sleeping were asked to leave Delhi immediately. Under the Constitution, proper notice is to be given so that if required the affected person can approach to Court of Law. Police can not enter the premises at night. Male Police can not touch ladies and children. Such blatant and open violation of law by Govt of India makes the existing Govt non-existent. Country is now virtually being ruled by Goonda elements. Such persons can go to any extent. They are all out to protect their ill gotten black money. They don’t want to stop corruption. They won’t allow public to speak anything against them otherwise they will crush and destroy such opposition. When they can do so with a powerful person like Baba Ramdev, ordinary citizen can not have a voice and is living under conditions worst than British days.

(w)  The problems are more difficult and complex to solve, as the British could be made to leave the country but the Netas and Babus can not be driven out. The can misuse the law to rule over the country. They will use the tool of law and police to create scare among the masses. They will not allow any expression of dissent. They don’t want anyone to create hurdle in their amassing the black money. They don’t want to take action against the corrupt Netas and Babus. They don’t want the Judiciary to implement the Constitution.

(x)   Under the above facts and circumstances, the attitude of public servants in banks and judiciary will never change. They will help the banks and public servants in banks. They will act against the public i.e. litigant borrowers and guarantors.

(y)    Keeping the above state of affairs, we have been advising the Borrowers and Guarantors to be cautious about the Babus in Banks, Financial Institutions and Judiciary. That is why we have been advising to concentrate on the thorough pleadings and perfect trials so that there is enough records of the babus in banks and Judiciary.

(z)    The fight is now slowly coming before the public by the movements by persons like Anna Hazare and Baba Ramdev. It took more than 150 years to drive away the British. It is not known how much time it will take to make the country free from the Netas and Babus.

(aa)     We have now advance tools of technology. There are more than 70 crores of mobile phones. The public must make video record of all the talks with the Netas and public servants. Such video clips be used at the time of election.

(bb)     The litigants in DRTs may make such video records in the banks and court rooms. These video clips are the documents to be made part of the court records.

(cc)      The public must learn to record the TV Broadcast so that the clips be used at the time of elections.

(dd)     On account of modern technology of video recordings, the Netas and Babus will not be able to fool the public.

(ee)      The platform of the media will slowly bring about the constitutional values and with passage of time, the attitude of netas and babus will change.

(ff)        With passage of time, the parliament will have better stuff working for the nation and not for personal goals. Then only the British Laws will be amended for Democratic Nation. The wrong doers whether Neta or Babu will be quickly caught and punished. Then only we will be called as a free nation. The battle till then is difficult, time consuming, painful needing lot of sacrifice. Are you prepared?

 

(2) Creditor can not obtain forcible possession through police : High Court   

 

The following material has been sent to us by our Associate Mr. N.K. Sharma, ex-GM (Law):-

 

 

http://legalperspectives.blogspot.com/2011/05/creditor-cannot-obtain-forcible.html


Creditor cannot obtain forcible possession through police: High Court

In its recently reported decision, Clarity Gold Pvt. Ltd. v. State Bank of India (AIR 2011 Bom 42), the Bombay has declared that "no secured creditor can by seeking assistance of police machinery unilaterally carry out the eviction of the borrower and take over forcible possession of the secured asset". The High Court was dealing with a matter relating to debt recovery wherein it had been alleged that the possession of the assets with the help of the police without orders of the Court. While the High Court did not rule on the factual aspect, it indeed declared that it was no permissible for the creditors to obtain possession through use of force.

 

The High Court inter alia observed as under;

17 On behalf of the Petitioners, it has been urged that in the  present case possession was taken unlawfully from the Petitioners and forcibly without recourse to the provisions of Section 14. 

18 On 23 July 2010 the Bank addressed a letter to the Commissioner of Police, Mumbai stating that under Section 13(4), its authorised officer was taking necessary action in an area falling under the jurisdiction of the Malabar Hill Police Station. A request was made in the letter to direct the Police Station to provide constables for  the protection of the authorised officer of the Bank in discharging his official duties under the Act. This was followed by a letter dated 23 July 2010 to the officer incharge of the Malabar Hill Police Station. The letter also recorded that the Bank had authorised an enforcement agency to assist and take all necessary actions under the Act. At the foot of the letter, there is an endorsement to the effect that on 27 July 2010, police bandobast should be provided. After possession was taken, on 28 July 2010 a police complaint came to be lodged by the Manager Accounts and by the employees of the Petitioners. The complaint was to the following effect:

“We hereby place on record that at 3 pm today some nearly 20 people along with your API Mr. Machinder, Head Constable Mr. Patil and Constable Mr. Bhosle forcefully barged into the above mentioned address and started abusing and using the bad words. On enquiry they were telling that the State Bank of Indore have Court order to take forceful possession of the flat. We told the persons that the owner was not present and we have to take instructions. We also asked them to show the Court order to which they refused and then they started using bad language and started assaulting. Some of the unidentified person from Bank assaulted us, slapped us pushed us and they used the force and pushed us out of the house. The police was seeing this whole incident but they were standing still and did not take any action When we came to the police station the duty inspector has refused to take our complaint of physical assault and forcefully taking the possession of flat without the due of process of law.”

19 The Tribunal came to the conclusion that the Bank had taken forcible possession of the property without seeking recourse to an order of the Chief Metropolitan Magistrate under Section 14. Now, under Section 14, where the possession of any secured asset is required to be taken by the secured creditor, the secured creditor may make request in writing to the Chief Metropolitan Magistrate or the District Magistrate concerned to take possession. Thereupon, the Chief Metropolitan Magistrate or the District Magistrate is empowered to take possession of the asset and documents relating thereto and to forward them to the secured creditor. Under subsection (2) the Chief Metropolitan Magistrate or the District Magistrate may take or cause to be taken such steps and use or cause to be used such force as may in his opinion be necessary. Section 14 of the Act is an enabling provision under which the secured creditor is empowered to seek recourse to the Chief Metropolitan Magistrate or, as the case may be, the District Magistrate for the purpose of taking possession. Though  section 14 is an enabling provision, it will be wholly impermissible for a secured creditor, despite the provisions of Section 14, to take the law into his own hands and to forcibly evict a borrower from the secured asset. Our legal system is governed by the rule of law. If the borrower hands over possession voluntarily to the secured creditor in pursuance of a notice under Section 13(4), it would be open to the secured creditor to take possession. But, if possession is not voluntarily handed over, the secured creditor cannot take the law into his own hands and secure vacant possession by taking recourse to the police machinery. In such an event, the only remedy that is available is to seek an appropriate order from the Chief Metropolitan Magistrate, or as the case may be, the District Magistrate.Parliament has specifically authorised in subsection (2) those authorities to take or cause to be taken such steps and use or caused to be used such force as may be necessary. Authorisation of the use of force for taking possession is therefore a matter which lies in the jurisdiction and power of the authorities prescribed by Section 14. No secured creditor can by seeking assistance of police machinery unilaterally carry out the eviction of the borrower and take over forcible possession of the secured asset.

20 Having said this, it is clear from the record, that the Debt Recovery Tribunal did, as a matter of fact enter a finding of fact that possession was forcibly taken over by a secured creditor in this case. However, the Tribunal clarified that it was not resting its decision on that finding, since quite independently the Tribunal had come to the conclusion that the notice of possession and the sale notice were invalid. When an Appeal was carried by the secured creditor, the Appellate Tribunal reversed the finding of fact of the Tribunal on issues pertaining to the service and delivery of the possession notice under Rule 8(1) and the publication of the possession notice in the newspaper under Rule 8(2). The Appellate Tribunal did not consider the correctness of the finding which was arrived at by the Tribunal that forcible possession was taken by the secured creditor. 

21 Whether forcible possession was taken by the secured creditor is essentially a question of fact to be determined on the basis of the material on the record. We are of the view that having regard to the parameters of the jurisdiction under Article 226 of the Constitution, it would only be appropriate and proper if that question is left to be decided by the Appellate Tribunal which has a fact finding jurisdiction. There being no finding of the Appellate Tribunal in that regard, we consider it appropriate and proper to remit the proceeding back to the Appellate Tribunal only on this aspect.”

(3) No need to pay fine to traffic police even there is no License, PUC & Insurance

 

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

 

You may keep a copy of this document with you in your Car / Bike 
Subject: Notice from Praveen Sood (Additional Commissioner for Traffic, Mumbai) - 022 - 22942276

Dear All, 

Please forward this mail as many as you can..do your bit for to help the ignorant. 
Take a printout of this and keep it in your car's glove compartment. 
May come handy... Not knowing this may leave a big hole in your pocket. 
Information you should have: If you are getting caught quite often by traffic police, then please read on.
 

From now onwards, the Traffic Police cannot catch a motorist just to examine the driving license or vehicle documents. 
They can catch you only if you have violated any traffic laws or if you are driving drunk. Remember that when caught for traffic violation, the fine you pay must be limited to the violation. In other words, the police can't bloat the bill saying that you have no insurance cover or emission certificate, etc. 

Many motorists do not know this. According to the law, no policeman can slap a penalty on you just because you have no insurance or emission certificate. 
If you have not purchased insurance cover for your vehicle, then the police officer must issue a notice, not impose penalty.

You must be given 15 days' time to purchase insurance cover and one week for obtaining the emission certificate. 
Days later, meet the sub-inspector at his station with the insurance cover or emission certificate, so that he will annul the charge at once. 
Police can fine you only if you fail to produce these documents within the stipulated period. 
If your vehicle is brand new, then you need not bother about obtaining the emission certificate for one full year.

In response to a question as to why policemen fine people instantly without giving them time to obtain insurance cover or emission certificate, Additional Commissioner for TrafficPraveen Sood said, "Yes, it is a mistake. People must force policemen to issue notice or complain to me at least the following day.

The best way to teach the police a lesson is by filing a written complaint with their higher officials and, a week later, using the Right to Information Act (RTI) to know the action taken against them. Remember, any question or application filed under RTI cannot be ignored and no official is bold enough to ignore the RTI Act. 

Praveen Sood 
(Additional Commissioner for Traffic, Mumbai) 
022 - 22942276.

horizontal rule

 


 

DRT Solutions Weekly Mail – 161st Issue dated 9th June ’11

 

(1) Latest ‘Directions for Sale’ laid down by Supreme Court   

 

On 14.03.11 the Supreme Court in the matter of KFC (i.e. Kerala Financial Corporation) vs Vincent Paul & Another has laid down vide following extract, the ‘Direction for Sale’ of the properties by the financial institutions and banks:-

 

(i)     The decision/intention to bring the property for sale shall be published by way of advertisement in two leading newspapers, one in vernacular   language having sufficient circulation in that locality.

 

(ii) Before conducting sale of immovable property, the authority concerned shall obtain valuation of the property from an approved valuer and in consultation with the secured creditor, fix the reserve price of the property and may sell the whole or any part of such immovable secured asset by any of the following methods:

 

(a)    by obtaining quotations from the persons dealing with similar secured assets or  otherwise interested in buying such assets; or

(b)    by inviting tenders from the public; or

(c)    by holding public auction; or

(d)   by private treaty.

Among the above modes, inviting tenders from the public or holding public auction is the best method for disposal of the properties belonging to the State.

 

(iii) The authority concerned shall serve to the borrower a notice of   30   days   for   sale   of   immovable secured assets.

 

(iv) A highest bidder in public auction cannot have a right to get the property or any privilege, unless the authority confirms the auction sale, being fully satisfied that the property   has fetched the appropriate price and there has been no collusion between the bidders. 

 

(v) In the matter of sale of public property, the dominant consideration is to secure the   best   price for the property to be sold. This can be achieved only when there is maximum public participation in the process of sale and everybody has an opportunity of making an offer. It becomes a legal obligation on the part of the authority that property be sold in such a manner that it may fetch the best price.

 

(vi) The essential ingredients of sale are correct valuation report and fixing the reserve price.     In case proper valuation has not been made and the reserve price is fixed taking into consideration the inaccurate valuation report, the intending buyers may not come forward treating the property as not worth purchase by them. 

 

       (vii) Reserve price means the price with which the public auction starts and  the auction bidders are not permitted to give bids below the said price, i.e., the minimum bid at auction.

 

       (viii) The debtor should be given a reasonable opportunity in regard to the valuation of the property sought to be sold, in absence thereof the sale would suffer from material irregularity where the debtor suffer substantial injury by the sale. 

 

Our Comments

 

(1)    It is interesting to note that this case relates to taking over the firm on 11.09.87 (24 years back) and in this judgment, the Supreme Court has found that the KFC has not followed proper procedure for sale and hence the sale was set aside. KFC was asked to return the deposit given by the buyer with interest @9% within 30 days from the date of deposit till it is repaid. Thus despite litigation past 24 years, the taking over of the assets and sale is still could not be done.

(2)    The above ‘Directions for Sale’ are to be scrupulously followed. The borrower should be very vigilant and alert and if there is any violation, it should be raised before DRT and contested till correct decision is obtained. Proper tools of Review, Appeal, Application u/s 151 of CPC should be used in DRT to highest court. If all these measures are taken, it will be very difficult for the financial institutions and banks to take over and sale any property. It will be further extremely difficult when counter-claim or damages have been filed as first the condition of ‘No Debt Due’ is to be decided. That itself will take several years. Our intention is not to cause delay but to achieve justice.

(3)    We have repeatedly expressed past more than 10 years that if pleadings are prepared perfectly and case is fought perfectly on every date, the institutions and banks can never win as they commit several wrong doings.

(4)    In the above case, the party did not file any counter-claim or damages. Had he done so, he would have been in much stronger position and ultimately would have won the case.

(5)    In view of above only we have been repeatedly emphasizing that the litigation in Indian Courts are long drawn, time consuming and expensive as the institutions and banks will fight upto the Supreme Court even for petty matters. At present 70% cases pertain to such litigations only. Judiciary says that there are more than 3 crore cases pending and it will take 320 years to clear the pendency.

(6)    In fact our entire democracy is failing because we continue to use the same system established by the British. The system was to loot the country and keep the public under rule. Just after getting independence, had there been proper (i.e. of democratic setup) rule of law, cases could have been decided quickly (In USA all suits are decided within 9 months) and guilty punished. Since the Judicial wing is so inefficient (taking decades), the corruption and black money continue to grow, no body is afraid of violations of law and those occupying the chairs of ruler will continue to loot. Hence the most important issue is ‘Earliest possible Judicial Reforms’ that alone will solve various problems like black money, corruption, police excesses etc. 

(7)    There is no shortcut to ‘Proper Judicial Reform’ We may learn from the work done and experience gained in USA and UK where they have involved public and applied modern management and technology. Since in our country the Ruler is not doing with application of mind and is against involving public, the public has started forcing it to do so.

(8)    We have been dealing with the above in a modest way in our web site since 2001, news paper articles in 2001, conferences in 2007, 2008 and 2011 and weekly mails since 2008.

 

(2) Our News Feeds in Global Cyber Media

 

We have published our personal views in form of news feeds in the following global cyber media. The said news feeds are also given below:-

 

 

http://connect.in.com/baba-ramdev/comments-263861.html

 

http://newshopper.sulekha.com/swami-ramdev-comments.htm

 

http://www.forestlaneshul.com/baba-ramdev-joining-politics-swami-ramdev-contesting-elections-latest-news-4139.html

 

http://www.torontosun.com/2011/06/06/indian-court-weighs-in-on-guru-protest

 

Posted on 06.06.11 at 9:30 PM

 

Brutal Police Action in India - There were more than 6000 armed policemen. At 12:30 PM in the night of 5th June '11, they entered the 'Ram Lila Ground' in Delhi where nearly 100,000 persons including saints, old, women, children were deep in sleep. They were on fast since morning and came from distance places from all over India. All of a sudden the said police men started beating, abusing and asking these persons to vacate the place immediately. It was a brutal and inhuman lathi charge, tear gas shelling and water jet force were mindlessly used. Incidentally more than 50 media (electronic) persons were also sleeping there. So entire worst incident of its kind was video recorded from all angles. Live telecast was made and is being repeated since then in all TV Channels in India. It was worst than the British days. Old persons, ladies and children were beaten. Clothes of many ladies were torn and removed making them naked. They were made to run to railway station and forced to board in any train. Some of sick persons were forcibly discharged from the hospitals. About 5000 persons are missing. There is wide coverage by the TV Channels for more than 24 hours, there is no effect on the Indian Govt. The reaction of Mr. Manmohan Singh is as if nothing happened. He is the person solely responsible for such police action on fasting persons and worst treatment because he has not taken any action so far. Even in Mahabharat days, there is no attack during night. Even in British days, advance notice is given for such police action. There is country wide agitation and this is the beginning of fall of Mr. Manmohan Singh and his corrupt government. This news feed is based on various videos recorded from different TV news channels. We have kept copies of the said video clips. 

 

http://www.news.com.au/world/meet-indias-political-yoga-star-swami-ramdev/story-e6frfkyi-1226069166331

 

Posted on 07.06.11 at 6:37 AM

 

 

Shame Manmohan Singh. Attacking mob of fasting old, women and children in sleep at 12:30 PM in night has no parallel even in Mahabharat or British days. Is it their  crime to agitate in peaceful manner for important national issues in a democratic country? If you feel any responsibility, please resign immediately.

 

(3) What is the Cost of Positive State of Mind?

 

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

 

There was a poor old Irish cobbler whose shop was next door to a very upscale French restaurant.
 
 Every day at lunch time, Mike, the Irish gent, would go out the back of his shop and eat his soda bread and maybe a kipper or piece of Irish blue cheese while smelling the wonderful odors coming from the restaurant's kitchen.

 One morning, the Irishman was surprised to receive an invoice in the mail from the adjoining restaurant for "enjoyment of food"
 
 Mystified, he marched right over to the restaurant to point out that he had not bought a thing from them.
 
 The manager said, "You're enjoying our food, so you should pay us for it." The Irishman refused to pay and the restaurant took him to court.
 
 At the hearing, the judge asked the restaurant to present their side of the case. The manager said, "Every day, this man comes and sits outside our kitchen and smells our food while eating his. It is clear that we are providing added value to his poor food and we deserve to be compensated for it."
 
 The judge turned to Mike and said, "What do you have to say to that?" The old Irishman didn't say a thing but smiled and stuck his hand in his pocket and rattled the few coins he had inside.
 
 The judge asked him, "What is the meaning of that?" The Irishman replied with a mile wide grin, - "I'm paying for the smell of his food with the sound of my money." 

    

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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. 

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

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

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

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

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

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

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