DRT  Legal  Solutions

(Debts Recovery Tribunal Legal Solutions) is an India based

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

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

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




DRT Solutions Weekly Mail – 180th Issue dated 21st October ’11

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


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

Our comments under different categories are as under:- 

(a)    Bankers approach the Magistrate and obtain order u/s 14 for taking physical possession:- The borrowers should approach the Magistrate for revocation of such ex-party order. Side by side appeal u/s 17 of the Securitisation Act be filed before DRT

(b)    Possession notice is issued by the bank:- Caveat be filed before the Magistrate to provide opportunity for hearing before the Magistrate when the creditor approaches the Magistrate to issue order u/s 14.

(c)    If adverse order is issued by the Magistrate even after  of the  borrower, review and appeal should be filed respectively before the Magistrate and DRT.

(d)    The need for physical possession arises only in the following situations:-

(i)                  the borrower has not resisted any action of the creditor and as a result, the creditor has finalized the sale after due process of law. The physical possession should be taken just before delivery of the secured assets to the buyer.

(ii)                If the borrower is legally resisting the action, first the Debt has to be determined by the DRT and if there is any debt due, the procedure under preceding para (i) be followed.

(iii)              In view of above, the counter-claim is the strongest defence resulting into ‘No Debt Due’ in almost all the cases. Until and unless the debt is determined by the DRT, no action for physical possession can be initiated.  

(2) Management and Technology in Judiciary 

We have been emphasizing the growing importance of management and technology in Indian Judiciary. The quarterly journal ‘Lost Justice’ in its Issue No 03 in Volume No 03 (July to Sept. 2010) at page 244 has published our article titled ‘Lack of Management & Technology in Indian Judicial System -  Greatest Cause of Huge Pendency and of Utterly low Efficieoncy. The complete article was photographed and it is attached. 

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DRT Solutions Weekly Mail – 179th Issue dated 14th October ’11


(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 - - - “





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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.



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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. 

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 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.  

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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. 

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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.





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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.



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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.


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DRT Legal Solutions


Attorneys at Law of Torts, Injury and IPR Claims

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


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

Office & Residence - 205, Morya Palace, Opp Bansi Trade Centre,

5/1, Diamond Colony, New Palasia,



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

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

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

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

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

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

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

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

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

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

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

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

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

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

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