(1) Misconceptions of DRT Advocates
Recently one of our clients desired to have our interactions with his DRT
Advocate. We found that the said advocate was having certain misconceptions.
The same are described below alongwith our comments:-
(a) WS
cum counter-claim already filed way back in 2008/2009. Hence there is no
question of filing fresh counter-claim but the counter-claim already filed
needs amendment.
Our Comment:-
(1) On
examination of the said WS cum counter-claim, we found that it contains few
lines few direct losses. Several categories of loss and damages have not
been claimed.
(2) Further
there is no specific legal provision of WS cum Counter-claim in DRT Act.
Whereas the WS is the reply to the OA (Original Application) filed by the
lending institutions in DRTs, the counter-claim is a counter-application
filed by the defendant borrowers. As per Sec 19(9) of the DRT Act, the
counter-claim shall have the same effect as a cross-suit so as to enable the
DRT to pass a final order on the same application, both on the original
claim and on the counter-claim. Also there is a prescribed schedule of court
fee for the said counter-claim. In case the OA is dismissed, the
counter-claim may continue. In certain cases, the counter-claim may be
excluded vide Sec 19(11) of the DRT Act. Considering all these factors and
provisions, separate application is prepared for the counter-claim. In the
present, the WS needs to be amended to delete the para relating to
counter-claim. An application containing full fledged counter-claim needs to
be filed. The fee already paid be transferred to the said application.
Limitation will not be a problem as the counter-claim is based on continuing
cause of action.
(b) The
law of torts is not developed in India.
Our Comment:-
(1) The
law of torts is taught in Indian Law Colleges right from inception. The well
known book ‘The Law of Torts’ by Indian Author Ratanlal Dhirajlal was first
published in 1897 i.e. more than 114 years back, its 25th edition
was published in 2006 and still this book is highly popular.
(2) There
are huge numbers of Indian cases based on law of torts which are cited in
the said book. In fact in the leading judgment of 1987 vide AIR 1987 SC
1086, MC Mehta vs Union of India, the Supreme Court has stated “if an
occasion arises the Court can be more progressive than the English Courts
and can evolve new principles of tort liability not yet accepted by the
English Law.”
(3) So
far there is no bar in applying the law of torts in India. In fact, the law
of torts is the most suited law in dealing with the civil wrongs committed
by the statutory authorities like public servants.
(4) The
law of torts occupies the most prominent place in developed countries. Time
is not far when the competent advocates in our country will also apply this
branch of law as in those countries.
(c) As
far as law of tort in banking matter is concerned, I have not come across a
single case even in foreign courts where the courts have given relief to the
borrower and has awarded damages in favour of borrower on the basis of law
of torts.
Our Comment:-
(1) This
is one of such statements which are not based on any study. In present time,
the best method is to take help of internet. One will find huge number of
cases where damages have been awarded against banks based on law of torts.
(2) It
is interesting to reproduce following first few lines from the book “Lender
Liability and Banking Litigation” 2010 Edition, first published in 1989 by
Law Journal Press, New York:-
“Multimillion dollar verdicts against financial institutions have become
almost commonplace, Since the historic $18 million verdict in State
National Bank vs Farah Manufacturing Co, lender
liability cases have been filed in most jurisdictions, with many resulting
into awards. Thus, five of the ten largest judgments nationally entered in
1987 were against lenders - - - “
DRT Solutions Weekly Mail – 178th Issue dated 7th October
’11
(1) Indian Supreme Court handles 60 cases per day whereas US Supreme Court
deals with 60 cases in a year
Mr.
Salman Khurshid, Union Law Minister vide news item in Times of India, dated
1st Oct ’11 while
addressing third Annual Legal Services Conference said that about 60 to 70
cases are handled per day by Indian Supreme Court, on the other hand entire
bench of 11 judges in American Supreme Court deals with 60 cases in an year.
Our
Comments
(a) Highly
developed technology is used in various courts in USA whereas we have yet to
use modern technology in our court rooms.
(b) On
account of thorough and perfect work in US court room as well as due to use
of modern technology, the suits are thoroughly processed and decided in the
trial court within a maximum period of 9 months. On the other hand, in our
country, the suits may take from 15 years to 20 years. Due to such long
period, the basic tenants of ‘Justice’ is totally lost.
(c) The
arguments in court rooms in US are audio recorded since 1935 as well as
video recorded since 1954. The audio and transcript is made available on the
same day. What matter the advocate has argued and what questions the Judge
has asked are very important piece of court proceedings. Despite past 77
years, we are unable to have such important part of proceedings in Indian
Courts. It is not known as to when the same will be achieved.
(d) The
pendency in Indian Courts is going up day by day and there are now more than
3 crore cases pending in Indian Courts. One of the sitting judge of Andhra
Pradesh High Court has said that it will take 320 years to clear the
pendency.
(e) Renowned
Justice Krishna Iyer yas said that the Indian Courts are 200 years behind
the courts in developed countries.
(f) In
light of the above facts and circumstances, our hurry to deal with 60 cases
per day in our Supreme Court vis a vis US Supreme dealing only 60 cases in
one year shows that such hurry will never make us to achieve the basic
objectives of the courts i.e. Justice. Mr. Rajeev Dhavan, Senior Advocate
Supreme Court of India has rightly said that ‘Our Justice system has become
something of a lottery. The Supreme Court contributes to the lottery.
(g) We
intend to incorporate the above facts in our pleadings right from the
inception i.e. DRT so that the same is impressed upon the judges to be very
careful from the very foundation of the trial court which is virtually the
Supreme Court for the facts.
DRT Solutions Weekly Mail – 177th Issue dated 30th
September ’11
(1) Audio Recording of Court Arguments in DRTs
We have been
repeatedly emphasizing to our clients for audio recording of court room
arguments. On 23.09.11, one of our clients made such record and the audio
clip was mailed to us on 26.09.11. Our actions were as under:-
(a)
We listened to the said audio recording and got the first
hand information about the arguments conducted by both the parties as well
as the questions asked by the Judge. The matter was part heard and the
arguments were to be resumed on 30.09.11.
(b)
Mr. Sharma, our associate and ex-GM(Law) made a thorough
legal research and relevant citations and articles were mailed to the client
on 27.09.11. Such material will be highly useful to the advocate.
Our comments
are as under:-
(c)
Had such audio record not sent to us, we would have not come
to know about the finer points and such valuable feedback by us would have
not been possible..
(d)
In view of above, we again request all our clients to make
necessary arrangements for audio recording of the arguments and mail the
same to us. Initially actual field trials be conducted for recording as well
as e-mailing the said audio clips.
(e)
In USA, there is practice of above mentioned recording since
1935. The audio clips as well as the transcripts are completed on the same
day and are provided to both the parties. In or country, we have not yet
started this important practice.
(f)
Record of actual Court room arguments is an important record
and evidence without which the court proceedings are incomplete. Written
arguments is not the actual and not complete record of the said court room
arguments. Any amount of written record can not meet with the standard of
quality and quantum of the said oral arguments.
(g)
It will be highly valuable to our clients as they will get
necessary feedback, guidance and suggestions as well as useful citations
from us.
(h)
Such recording can be carried out on suitable voice recorder
or mobile phone. The audio files can be compressed to MP3 format and may be
mailed in batches not more than 25 gb each.
(2) Misconceptions of the Advocates about the DRTs
One of our
clients from Delhi met few DRT Advocates and had a discussions with them and
conveyed to us their following impressions which are totally wrong. The said
advocates may not have necessary knowledge and experience of actual trials
relating to banking. Our comments are as under:-
Impression No
1 :- DRT is nothing but just a Recovery agency of the bank and
judges are their recovery agents appointed by the banks and cannot go
against bank at any costs.
Our Comments
:- DRT is the only trial court where the banking cases are adjudicated.
Conducting thorough trials depends on the advocates. Since most of the
advocates in DRTs are young and don’t have real practical knowledge of
trials, they have formed such impressions. Had it been so, why few of our
clients have won cases against the bank. It is relevant to mention that 4
banks having claim of nearly Rs. 90 crores against one client lost the
securitization case. In anther case on account of the counter-claim, the
bank was forced to settle for amount less than 5% of the claim.
Impression No
2
:- DRT must and will surely act in favour of bank, come what may happen.
Our Comments :- If perfect pleadings are made and case is fought
perfectly on every date, the DRT Judge cannot favour the banks. If borrowers
are vigilant and act as per our guidance and advice, the judge can not show
any favour as he is required to give all his orders in writing and if there
is any favour in writing that will be removed in Review or Appeal.
Impression No
3
:- DRT is not competent or willing to listen to us, other than concerning
our bank loan. We need to file a Suit against the Bank in Delhi High Court.
Our Comments
:- Consequent on establishment of DRTs, the Civil Courts do not have
jurisdiction vide Sec 34 of the Securitisation Act and DRT Act and hence
filing such suit against bank in High Court will be a wasteful exercise. If
the advocate of the borrower is competent and experienced, he can definitely
obtain favourable results from DRT or higher courts.
DRTs were
formed consequent on the Tiwari Committee Report vide RBI Publication of
1984. In the said report it is mentioned that the DRTs will be manned by
i.e. the DRT Judges and DRT Advocates having knowledge and experience of
banking, industry and finance. Such recommendation has not yet been
implemented even after 18 years of enactment of the DRT Act.
Despite orders
of the Supreme Court, the tribunals like DRTs still continue under the
Ministry of Finance instead of Ministry of Law.
Hence for the
borrowers advocates, it is all the more important to highlight these facts
in all their arguments and file review and appeal against all the orders
which are legally defective.
DRT
Solutions Weekly Mail – 176th Issue dated 23rd
September ’11
(1) 25% Deposit with the Appeal u/s 18 in Securitisation Act – recent Case
of One of Our Clients
One of our
clients from Mumbai called on us and discussed the following points:-
(a)
The DRT Mumbai decided the Securitisation case. The borrower
appealed to DRAT Mumbai u/s 18 of the Securitisation Act. The question of
deposit came up before the DRAT. The DRAT observed that the alleged debt due
was Rs. 8 crores. The assets were sold for Rs. 7.6 lacs. Hence the DRAT
Mumbai waived the prescribed deposit in the said appeal u/s 18 of the
Securitisation Act.
(b)
After issue of the said order of waiver, the Chairperson of DRAT Mumbai
retired. The Chairperson of DRAT Kolkata is looking after the work of DRAT
Mumbai.
(c)
The opposite party questioned the said order of waiver of the deposit.
Our comments
were as under:-
(i)
As per Section 31(j), amount due is less than 20% and hence
the provisions of the Act shall not apply and hence there will be no
deposit. The matter is still going on.
(ii)
We found that the party got counter-claim prepared from us
but they did not file it. We advised them to file the same as early as
possible as it was the only final defence. After filing the counter-claim
(which is much more than the claim of the bank, the situation of ‘No Debt
Due’ will be created and hence the said deposit will not be required.
(iii)
In this case, the borrower may have been saved. But we have
been repeatedly emphasizing that the constitutional validity of the said
deposit must be questioned by the borrowers but it has not been done so far.
Hence all the borrowers will suffer greatly if such provision of 25%
continues.
(2) Admission of Debt in Balance Sheet – Our Contentions proved true vide
Recent Judgment of Bombay High Court
With reference to Rule 12(5) of the DRT (Procedure) Rules,
1993, we have been advising the
borrowers to
make a note in the balance sheet about the disputed bank overdues, to
mention about the loss and damages as well as the counter-claim etc. Such
note should be brought to the notice of the auditor so that he also mentions
these points in his audit report.
Our above
contentions were proved right vide the recent Bombay High Court judgment
delivered on 01.12.2010 in W.P. No 5309 of 2010 in the matter of Inteltek
Automation Pvt Ltd vs Indusind Bank Ltd. wherein the DRT decreed the debt
mentioned in the balance sheet ignoring the note in the balance sheet. The
DRAT also upheld the verdict of the DRT. These contentions were reversed by
the Bombay High Court stating that due to the said note as well as the
auditor’s report, there was no express admission of the debt and hence the
judgment of the DRAT was set aside.
DRT Solutions Weekly Mail – 175th Issue dated 16th
September ’11
(1) Decision of Judge depends on Pleadings and Petitioner’s Advocate
Since 1989, we
have observed the following phenomena in the trial courts:-
(a)
First step and the foundation of the entire litigation
depends on the pleadings. In banking cases, the pleadings must be prepared
by a person having mastery of facts (i.e. banking, industry, finance, law of
damages, law of torts, CPC, banking laws, RBI Guidelines, law of evidence
and since 1993, DRT Act, Securitisation Act, procedural laws relating to the
DRTs etc).
(b)
The judges are mostly favoring the banks. Hence the pleadings
as well as the advocates of the borrowers become very important.
(c)
Since in banking cases, the complex facts relating to the
banking, industry and finance are involved, proper pleadings covering all
the aspects to these factors are required. Even borrowers are not
knowledgeable about these technical aspects relating to the said factors. If
the services of the experts with due support of the legal aspects is not
utilized and only the borrower himself alone is involved in getting the
pleadings prepared by normal advocates, there will be numerous deficiencies.
Further in the court, the case is contested by the said advocate (not having
special expertise in banking, industry and finance), one should not expect
proper results from such trial.
(d)
In civil courts, the cases used to take 10 to 20 years and
due to such long time portion of the deficiencies used to be got corrected
if there is active involvement of the borrower otherwise the trial became
highly time consuming and expensive.
(e)
The procedural law was well defined due to the CPC 1907 and
the Indian Evidence Act, 1872. The precedents were documented and classified
for a period over 100 years. Senior Trial Lawyer has several juniors who
used to go through the said precedents and the arguments were prepared based
on such precedents.
(f)
The scenario underwent a remarkable change with the creation
of DRTs in 1993. There were no advocates and mostly young advocates fresh
from the colleges started practice in DRTs. There were no precedents. The
DRT Act 1993 and later the Securitisation Act 2002 were conditional
legislation mentioning certain time limits for expeditious actions at
various stages. The formal inclusion of counter-claim was introduced in
2000. The quality of pleadings and standard of arguments were obviously
poor. On account of such sorry state of affairs, we introduced suitable
pleadings based on comprehensive knowledge of banking, industry, finance,
law of torts, law of damages, law of evidence etc. Our guidance and advice
helped the arguing advocates.
(g)
The Tiwari Committee Report, 1984 of RBI on basis of which
DRTs were constituted mentioned at page 77 that the DRTs should be manned by
(i.e. the Judges and Advocates) should have specialized knowledge in
banking, industry and finance. But till date this basic requirement has not
yet been implemented.
(h)
On one hand, there is pendency of more than 3 crore cases in
the country and a sitting judge of AP High court has said that it will take
320 years to clear the pendency. Hence it is ridiculous to mention that DRTs
should decide the cases in 6 months.
(i)
Despite verdict of Supreme Court, the DRTs are not being
transferred from Ministry of Finance to Ministry of Law. In several DRTs
there are agitations against the POs on account of obvious favour to
banks.
(j)
In UK, the concept of Tribunal was introduced in 1800 and the
procedural law was evolved through court battles which lasted 157 years and
it is only in 1957, Frank Committee decided that the supervision and
monitoring on the tribunal should be by a public bodies.
(k)
In our country the judiciary is not so professional to learn
from experience in UK and USA. We are struggling to evolve our own laws but
the litigants are suffering greatly.
(l)
Some of our clients could afford the services of senior
advocates and the results were definitely much better. We published the
success stories in our web site since 2000. To spread the knowledge, we
organized All India DRT Conferences in May 2008 and January 2011. We started
weekly mail from June 2008 wherein our practical comments helped our clients
and their advocates.
(m)
We are not against the junior advocates but it is pathetic to
observe that on account of their inexperience in trial court, the DRT judges
have become arrogant and the litigants are greatly suffering.
(n)
Under the above facts and circumstances, we observed that all
the success stories have two common factors i.e. Proper Pleadings and Senior
Advocates. That is why our slogan since 2000 has been perfect pleadings and
perfect advocacy on all dates.
(2) Copying the Pleadings will not help at all
Recently we
have come across a case where a counter-claim was prepared by copying our
pleadings. We observe that even the copying was not proper as there were
several mistakes. If the person who has done such copying does not have
intimate knowledge of facts and laws related to banking industry and finance
as well as no experience of trial court, such copying will land the borrower
in trouble as we provide suitable guidance and advice on all dates and such
services will not be available in the case where copying has been done. When
the borrower approached us for advice, we declined as the pleadings were not
prepared by us.
DRT Solutions Weekly Mail – 174th Issue dated 9th September
’11
(1) Our Client gets a Favourable Order from SC regarding transfer of Damage
Suit & Criminal Action against Bank Officials
One
of our clients from Mumbai informed last week that his transfer case of
damage suit as well as criminal action against the bank officials reached
upto SC which ordered that the said damage suit and the criminal case must
be decided in one year time by the trial court. The mail dated 2nd Sept
received from the said client is reproduced below:-
“Fri, Sep 2, 2011 at 1:29 AM
Dear sir
Pl find attached Supreme Court order in our banks transfer petition.
The Bank wanted civil case to be transferred to Mumbai instead of at
Silvassa (So that it can’t be decided in next ten to twenty years). in the
same order court also directed Silvassa court to expedite criminal case
filed against banks 7 recovery officers for theft along with civil suit for
damages in any event within one year from the date of communication of this
order. Our case in the Supreme Court was persuaded by the advocate Jay
Choksi who had engaged senior
counselMs. Indu Malhotra for the
same.
We think this will be the first damage suit against any bank in India to be
decided by civil court within 4 years time.
With kind regards,
Managing Director
(2) Mass Action against an Arrogant PO DRT
One
of our clients informed that the relevant PO (originally a bank official)
was openly favoring the banks, was not listening to the arguments of the
advocates from the borrowers. Accordingly a group of borrowers initiated
mass action, complained to the Ministry of Finance, prepared a mass petition
to be filed in High Court. The matter is expected to covered in printed and
electronic media.
Our Comments
(a) In
USA, the Judges are appointed after open proceedings before the public. The
complete procedure is available on the internet. It is only after
satisfactory analysis and comments on the behaviour and conduct by the
public, the judges are appointed.
(b) In
UK, the supervision and management of the tribunals is by a public body
since 1957.
(c) When
the present court system was started by Greek, the first legal procedure
based on principles of natural justice related as to how the Judges and
Courts will work.
(d) In
USA, there is separate Bar for Trial Lawyers. No junior advocate can conduct
a case himself. He can only assist a Senior Trial Lawyer. Period of 7 to 10
years is prescribed before he can be declared eligible for independent
practice.
(e) Even
in our country, the practice of CAs is closely controlled by the Institute
of Chartered Accountants. No audit work is independently given to junior CAs.
Practice of several years is prescribed and till then they to work as
juniors to the senior CAs. Even for private audit, the firms interview the
CAs and collect their reports from other bodies and clients and then only
independent audit is given.
(f) We
are not against the junior advocates, but if they are allowed as at present
to argue before the DRT judges, they are unable to force the judges to abide
by law and hence the judges become arrogant and misuse the power and
position. This must be prevented in the trial otherwise the appeal in
Securitisation matters is nearly impossible due to minimum
25% deposit. Despite our repeated emphasis, no body is taking up this matter
as PIL.
DRT Solutions Weekly Mail – 173rd Issue dated 2nd September
’11
(1) Counter-claim dismissed in One Sentence without Trial
Recently we have come across an order by which the PO DRT dismissed the
counter-claim in one sentence without conducting trial. Our comments are as
under:-
(a) The
counter-claim was duly filed along with WS and the prescribed fee of Rs. 1.5
lac was duly paid.
(b) The
PO DRT dismissed the counter-claim in one sentence without conducting any
trial. This has terribly shaken the Judicial Consciousness and hence the
matter has becomes so serious that we advised the party to approach the
highest court over such deplorable state of affairs in the trial court of
DRT.
(c) The
party has also filed a Review Petition but the normal routine procedure of
review and appeal not only will dilute the seriousness of the matter, the
intervening courts will not be able to deal with the case in adequate
perspective.
(d) We
are not having experience trial lawyers in DRTs. The DRTs continue to be
under Ministry of Finance instead of Ministry of Law as desired by the SC
several years back.
(e) As
per the Tiwari Committee report of 1984, the Judges and the Advocates should
have been trained in Banking, Industry and Finance and it has not yet been
done.
(f) There
has been strikes and agitation against the particular
PO DRT, but she has not yet been transferred and the present instance of
dismissing the counter-claim in one sentence calls for severest action by
the highest court in the country.
(2) Experienced Trial Lawyers required in DRTs
Most
of the problems faced by the litigant Borrowers and Guarantors have been due
to absence of experience trial lawyers in DRTs. We have nothing against the
young lawyers in DRTs but on account of their inexperience, the litigants
are suffering tremendously. The
litigant borrowers should ask the following questions from their advocates:-
(a) Who
are their seniors under whom they have got experience of conducting trials.
(b) Find
out about the experience and knowledge of the said seniors.
(c) If
the said senior is not competent, your advocate will not be competent to
handle the trial.
(d) If
the said senior trial lawyer is competent, find out how many trials he had
conducted. Cases of inspection of documents, settling of issues, conducting
cross-examination and then final arguments. Any special knowledge of
banking, industry and finance. Cases of execution handled apart from review
and appeals.
(e) Until
and unless well experienced trial lawyers are inducted in DRTs, the results
will be highly injurious to the litigant borrowers and guarantors as higher
courts will not be able to correct the lapses in the trial.
(f) Can
an young pilot without prescribed training under a senior pilot fly an
airplane? Can an young surgeon do complicated operations without learning
under a senior surgeon? When these can not be done, how complicated trial of
an industrial dispute in DRTs be done by young advocates without learning
under an experienced trial lawyer. In USA, there is separate Bar Association
for Trial Lawyers and it is only after spending several years under a senior
trial lawyer, one can conduct trials independently.
DRT Solutions Weekly Mail – 172nd Issue dated 26th August
’11
(1) 25% Deposit u/s 18 of Securitisation Act
As
per the sec. 18 of the Securitisation Act, 25% deposit is prescribed while
making appeal to the DRAT. As we have pointed out from time to time, this is
a fit matter to be agitated in PIL. Till such time it is done and favourable
legal verdict is obtained, a limited solution is possible in respect of the
cases where loss and damages have been filed and where the said loss and
damages are greater than the claim of the secured creditor. In such cases,
there is ‘No Debt Due’ and thus the debt is zero. Accordingly the 25% of
zero debt will be zero and hence no deposit can be insisted. We have advised
some of our clients to submit the cases accordingly.
(2) Loss and Damages in the Balance Sheet
In of
the judgments by the PO DRT, it was enquired whether the loss and damages
are shown in the balance sheet. Our view is that, the balance sheet is an
accounting document, the direct losses may be shown but legal damages can
not be shown. Hence suitable note may be made in the balance sheet.
(
DRT Solutions Weekly Mail – 171st Issue
dated 18th August ’11
(1) Deficiencies due to Lack of Knowledge about the Securitisation Act, DRT
Act and Legal Aspects
We
are getting several cases pertaining to following categories wherein our
comments are also given:-
(a) Ex-parte
Decree (Recovery Certificate) has been issued by the DRT:- An application
should be made for revocation of the said decree. If such application is
beyond the limitation period, an application should be made for condonation
of delay. Courts are very liberal in this respect.
(b) As
soon as the said decree is revoked, proper WS and Counter-claim should be
drafted by expert having knowledge of banking, industry, finance, law of
torts, law of damages and banking laws. There should be proper guidance and
advice on every date in the court.
(c) Decree
is about to be issued by the DRT:- The pleadings needs to be examined to
conform to the minimum requirement laid down in para (b). If there is any
deficiency, amendment to the pleadings must be prepared and filed at the
earliest.
(d) Decree
has been just issued:- Application for review be prepared by an expert and
just after filing the review, appeal be prepared and filed in concerned
DRAT. Here the biggest hurdle is the deposit about which we have extensively
written in our several weekly mails.
(e) Final
Arguments are to take place:- The above requirements be examined and
fulfilled. The SC in the matter of Mohd Akram will be quite useful just
before starting the arguments. Written arguments must invariably be
submitted. The importance of review and appeal be kept in view.
(f) Proof
affidavits are to be submitted:- The requirement under para (b) needs to be
fulfilled. The proof affidavits are required to be based on law of evidence.
(g) The
bank officials are to be cross-examined:- The requirement under para (b)
needs to be fulfilled. The cross-examination needs to be conducted by an
expert having knowledge of banking and law of evidence.
(h) Issues
are to be framed:- Keeping the above requirements in view, the framing of
issues requires very careful considerations so that only those issues are
proposed which will determine the controversies useful for the case of the
borrower.
(i) Documents
are to be inspected:- After keeping the above requirements in view,
exhaustive list of documents be drawn up and submitted to the court to order
inspection. Every single document is required to be inspected. If there is
any objection of the court, the matter needs to be fought upto the highest
court.
(j) The
inspection of documents and cross-examination of bank officials along with
proper pleadings containing counter-claim are most important aspects to win
a case against bank in DRTs. Further the litigant borrower has to be guided
by experts on every date so that there is no legal lapse on any date. All
these become quite important in the case of a borrower but not for a bank.
