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 

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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. 

(3) Excellent – the last line is simply outstanding 

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

 

===========================
Just up the road from my home is a field, with two horses in it.

From a distance, each horse looks like any other horse.

But if you stop your car, or are walking by, you will notice something quite amazing.... 

Looking into the eyes of one horse will disclose that he is blind. His owner has chosen not to have him put down, but has made a good home for him. 

This alone is amazing. If you stand nearby and listen, you will hear the sound of a bell. Looking around for the source of the sound, you will see that it comes from the smaller horse in the field. 

Attached to the horse's halter is a small bell. It lets the blind friend know where the other horse is, so he can follow.

As you stand and watch these two friends, you'll see that the horse with the bell is always checking on the blind horse, and that the blind horse will listen for the bell and then slowly walk to where the other horse is, trusting that he will not be led astray.

When the horse with the bell returns to the shelter of the barn each evening, it stops occasionally and looks back, making sure that the blind friend isn't too far behind to hear the bell.

Like the owners of these two horses, God does not throw us away just because we are not perfect or because we have problems or challenges.

He watches over us and even brings others into our lives, to help us when we are in need.

Sometimes we are the blind horse being guided by the little ringing bell of those who God places in our lives. Other times we are the guide horse, helping others to find their way....

Good friends are like that...You may not always see them, but you know they are always there.

Please listen for my bell and I'll listen for yours, and remember...

Be kinder than necessary
Everyone you meet is fighting
Some kind of battle.

Live simply, 
Love generously, 
Care deeply, 
Speak kindly.

And leave the rest to God!

For we walk by faith and not by sight
.

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

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 – 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 - - - “

 

 

(2) Peter Principle at work: Manmohan Singh in the PMO

 

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

 

 

The Peter Principle at work: Manmohan Singh in the PMO

R Jagannathan  

 

Sep 29, 2011 

 

One day, when the history of the UPA is written, the most difficult chapter will probably be the one on Manmohan Singh and the paradox he represents: an honest man presiding over gross dishonesty. 

 

The answer to the paradox is, however, simple: it lies in The Peter Principle. Manmohan Singh is the ultimate example of the Peter Principle at work. 

 

Put simply, The Peter Principlewritten by Lawrence J Peter, states that every person rises to his or her level of incompetence. The competencies required at various levels in an organisation are different. A great salesman may not make a great sales manager, but success at sales gets him promoted to sales manager – where he fails. Once he reaches his level of incompetence, there is no further promotion. But at even the current level – his level of incompetence – he does damage. 

 

Manmohan Singh’s failure in governance – whether it is with the 2G or Commonwealth scams – stems from this principle. He has been promoted to his level of incompetence. A good reformer under Narasimha Rao, Singh actually played the role of a technocrat with solutions to the country’s problems in the 1991-96 period. That was his real area of competence. That  is where he earned the title of original reformer, even though it was Narasimha Rao’s political sagacity that enabled Singh to be a reformer in the first place. 

 

But as Prime Minister, Manmohan Singh can’t play a “Yes, minister” role. He can’t be the bureaucrat offering solutions to Sonia Gandhi and wait for her nod. The Prime Minister has to decide, follow up, cajole, threaten, bully, and deliver.  But these are not Singh’s forte. He lacks not only the political backing to do what he must do, but also the skills and talent for the Prime Minister’s job. Put him in the Planning Commission and he would have written several position papers and proposals for change. Put him in South Block, and he is like a fish out of water. 

 

Things might have worked out better if Sonia or Rahul Gandhi were the PM and Manmohan Singh the Cabinet Secretary or the Chief Economic Advisor. He could even have been head of the National Advisory Council, formulating better ideas for inclusive growth than the NGO bunch that’s running riot in Sonia’s think-tank. 

 

But prime ministership is outside the area of competence of Manmohan Singh. As all former sympathisers are realising now, Singh is not the one to take charge, take responsibility. He is not only incompetent for the job, but irresponsible as well.

  

Commentator Pratap Bhanu Mehta wrote this in The Indian Express: “P Chidambaram is in the dock not because of Pranab Mukherjee. It is Manmohan Singh. The Prime Minister has distorted the entire structure of ministerial politics by not frontally owning and defending the decision not to auction 2G. He has tried to play an avoidance game, implausibly distancing himself from his own government. This avoidance strategy of the prime minister has landed Chidambaram in a mess.” 

 

Does the prime minister of a country have the luxury of adopting an “avoidance strategy?” PMs are supposed to take responsibility even if they would like someone else to take the blame when things go wrong. 

 

But irresponsibility and avoidance of blame is the streak we have seen repeatedly in Manmohan Singh. From the time he was finance minister in Rao’s cabinet in the 1990s, in fact. 

 

In 1992, when Harshad Mehta was looting banks and setting the markets on fire, Manmohan Singh said he would not lose sleep over what happened in the markets. When the scam erupted and his inaction criticised, he tried to run away from the problem and offered to quit. He was concerned only about his reputation for probity. 

 

In UPA-1, he practically brought the government down by taking a strong stand on the Indo-US nuclear deal. It was, in many ways, his finest hour, for it seemed as if he was finally standing up for something he believed in. 

 

But it was not to be.  When the government faced a confidence vote, he was missing in action. He left the dirty work of cobbling together a majority to someone else. He would have nothing to do with dirty politics. 

 

When Dayanidhi Maran talked him into letting him decide spectrum policy, Singh quietly agreed. Then he had an attack of conscience and asked a Group of Ministers to decide the policy. But when Maran pressed him to revert to the original deal, he backtracked again. 

 

The same thing happened with Andimuthu Raja. At some point Manmohan Singh realised that Raja was upto some hanky-panky. He had the option of stopping him, but he withdrew. Instead, he told his principal secretary to keep him at “arm’s length” from telecom issues. 

 

Pranab Mukherjee’s 25 March 2011 on the “Chronology of basic facts relating to pricing and allocation of 2G spectrum” may have put the blame on Chidambaram for letting Raja have his way with spectrum policy, but it was effectively a veiled attack on Manmohan. Sure,  Chidambaram could have stopped Raja, if he wanted to – as the finance ministry note says. But that begs the corollary: if Chidambaram could have, the PM, too, could have? Was the PM less powerful than Chidambaram, or merely more irresponsible? 

 

Pratap Bhanu Mehta is trenchant in his criticism of Singh“The prime minister consistently chooses to protect himself rather than credibly defend the government. This makes it easy to impute guilt to other ministers. His evasions also contribute to intellectual confusion. When the prime minister can’t tell you honestly what decisions he took, all decisions get tainted.” 

 

More recently, when asked about raging inflation, Singh said he “did not have a magic wand” to deal with it. True, no one has a magic wand. But does Singh take responsibility for his inability to control inflation, when his government’s policies were partly the cause? 

 

On his flight back from New York last week, when he was asked about the mess his government was in over 2G, all he could come up with was the opposition’s destabilisation threat. That the threat to his government was entirely within – with two key ministers on the warpath – was entirely lost on him. Or it was his way of avoiding the truth once again. 

 

No doubt, there is a fair bit of incompetence to Singh. His handling of the Ramdev and Anna Hazare threats was, at best, amateurish. His lieutenants – Kapil Sibal and Chidambaram – made a hash of it with their macho bravado – leading to a cave-in. His choice of lieutenants was clearly wrong. His judgment of people is thus unsound. 

 

He trusted even Raja, and this is what he said soon after his arrest in February this year. “Raja said he has been extremely transparent in dealing on the 2G scam..In May 2009, complaints were coming in, but I was not in a position to make up my mind that something seriously was wrong with Mr Raja’s (approach)”. 

 

That Sonia Gandhi does not have much faith in Singh’s capabilities was obvious when we were told that she had – from her hospital bed at Sloan Kettering – specifically asked for Pranab Mukherjee to handle the end-game with respect to the Anna Hazare fast last month. It was Mukherjee who delivered – we had the parliamentary debate without even a final resolution to back the Jan Lokpal.

 

There’s no doubt that Manmohan Singh is in his job not for his competence but his loyalty. What Sonia wanted was a “Yes, minister” in place, and she has him. Singh is proof that the Peter Principle works even at the highest levels of political power.

 

 

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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.

 

 

(2) Osteoporosis is not just about Lack of Calcium

 

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

 

What You Should Know About Osteoporosis

 

by: Junji Takano

 

When you say "osteoporosis", we immediately think it is caused by lack of calcium. Doctors will recommend you to 

take more calcium, vitamin D, and sun exposure or sunbath.

 

However, the latest findings in various hospitals show that the majority of osteoporosis patients are 

not caused by lack of calcium.

 

Their bones are complete and absorbing calcium. So what is wrong with them? CT scan results show no signs of osteoporosis, yet, the patients easily suffer from bone fractures. What's going on?

  

Here, we came to know about a new strain of osteoporosis that was discovered since about two years ago.

 

The most common type of bone fracture nowadays is "spinal fracture". If spinal fracture occurs, the risk of death is eight times higher than any other type of bone fractures.

 

What is the reason that bones are weakening? Why do patients suffer from broken spine?

 

It is an important factor to have bone strength, not just bone density.. Bone collagen connective tissues are also an important factor to create flexibility.

 

Many of us didn't realize this at first sight. In the past, osteoporosis was viewed more on bone strength, and we never hear and realize about these connective tissues.

 

To improve bone density

, it's a common knowledge to do regular exercise and have a higher calcium intake like by eating calcium-rich dried fishes.

 

But now, we have to think of a new measure to maintain bone collagen connective tissues to have enough flexibility. From this simple measure, you may escape from the risk of death caused by fracture of spinal bones.

 

To measure or determine strong bone and bone mineral density are not as easy as what you may think.

 

Clinically, it has to pass various tests.

 

Well, what is the major cause that leads to reduction of bone collagen connective tissues? Do you believe that it is 

because of high blood sugar?

 

The major component of bone, which is about one half of its structure, is calcium, and collagen is the other half. Collagen fibres run through hundreds of bone materials (calcium), and the bones that we know are made.

 

You can imagine that the bone materials (calcium) are somewhat bonded by collagen and kept with reasonable flexibility. However, when blood sugar increases, the collagen will be joined as if there is an adhesive cement around, and the bone will become brittle.

 

To avoid the increase of blood sugar, exercise is one of the best things to do

. Aside from it, we recommend you to take a balanced diet that contains vitamin B12 and vitamin B6, and foods such as mackerel, sardines, clams, folic acidbroccoli, spinachgarlandchrysanthemumsoybeans, and asparagus.

 

By taking these foods, you can have strong flexible bones.

 

## 3 COMMON MYTHS ON OSTEOPOROSIS

 

1. Myth:

 Young people should not worry about osteoporosis.

Wrong

. You will not realize that you have osteoporosis until you have this condition in advanced stages. That is why it is very important to begin proper nutrition and regular exercise as early as childhood to promote healthy bones.

 

2. Myth:

 Only women get osteoporosis.

Wrong

. Although less common, men can get osteoporosis, too. 20% of those affected by osteoporosis are men.

 

3. Myth:

 Drinking plenty of milk will help you prevent osteoporosis.

Not entirely true

. Even though drinking milk is a good way to get calcium, it is not the only factor in preventing osteoporosis. There are others as mentioned in this article.

 

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

 

Important Announcement made by Swami Ramdev and Anna Hazare

 

The following is the important announcement made by Swami Ramdev and Anna Hazare:-

 

The candidate proposed by the Congress Party in the ensuing Hissar Election should not allowed to win. They and their followers will make all out efforts in this direction. The reasons given by them are as under:-

 

(a)    The lathi charge on the night of 4th June ’11 at Ram Lila ground on the innocent persons including ladies and children has been the most heinous crime committed by the Congress Party. It was so brutal that Rajbala died after struggle of 114 days. The Congress Party must pay a very heavy price so that their candidates should not be allowed to enter the parliament.

(b)    The Congress Party scuttled the framing of Jan Lok Pal Bill first by accusing the members of the Civil Society and then making false promises despite such a massive support by the public.

 

The Congress Party first lost in Damoh then in Jamshed Pur and now will lose in Hissar. Since the Congress Party with their allies has majority in the Parliament, if the Jan Lok Pal bill is not passed in the winter session, Anna Hazare has warned the Congress Party that he will campaign against Congress in the ensuing elections in five states.

 

All the intellectuals and responsible citizens must defeat the designs of the dirty politicians who first come to us with folded hands but once elected don’t hesitate to lathi charge the innocent citizens who demanded actions against the black money and corruption. Many of them are goonda elements and looters of public money as may be seen from their returns. Are we so incompetent to make such people to boss over us? These are the utterances of Swami Ramdev and Anna Hazare. As a responsible citizen, we must spare some of our time on daily basis to spread their message in our family, friend circle and society.

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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. 

(3) Thoughts on Life    

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

But a long journey is just like few steps
when you walk with someone
who loves and cares for you.

We always look and care for the person
whom we love the most.
But we fail to look back at those
who love us the most.

Death's not the greatest loss in life..
The greatest loss is when
relationships die inside us while
we are still alive...

Life is not about the people
who act true on your face..
Its about the people who
remain true behind your back..

Time decides whom you meet in life
Your heart decides whom you want in life..
but your behavious decides
who will stay in your life...

You can win life by all means..
Yes..
If you simply avoid two things...
1. Comparing - with others
2. Expecting - from other

Life will be more beautiful!!
__,_._,___

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Ambedkar did not like the present Constitution – He said that he will be the first person to burn it  

From page 386 of the book ‘Worshipping False Gods’ by Arun Shourie, 5th Impression 2001, published by HarperCollins,  the following extract is reproduced:- 

“Sir, my friends tell me that I have made the Constitution. But I am quite prepared to say that I shall be the first person to burn it out. I do not want it. It does not suit anybody …..” 

From page 385 of the said book, the following extract is reproduced:- 

“ Oh, you are the maker of the Constitution” My answer is that I was a hack. What I was asked to do, I did much against my will”

 

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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.  

(3) Why do we shout in anger?     

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

A saint asked his disciples, 'Why do we shout in anger? Why do people shout at each other when they are upset?' 
Disciples thought for a while, one of them said, 'Because we lose our calm, we shout for that.' 
'But, why to shout when the other person is just next to you?' asked the saint. 'Isn't it possible to speak to him or her with a soft voice? Why do you shout at a person when you're angry?' 
Disciples gave some other answers but none satisfied the saint. 
Finally he explained, 'When two people are angry at each other, their hearts distance a lot. To cover that distance they must shout to be able to hear each other. The angrier they are, the stronger they will have to shout to hear each other through that great distance.' 
Then the saint asked, 'What happens when two people fall in love? They don't shout at each other but talk softly, why? Because their hearts are very close. The distance between them is very small...' 
The saint continued, 'When they love each other even more, what happens? They do not speak, only whisper and they get even closer to each other in their love. Finally they even need not whisper, they only look at each other and that's all. That is how close two people are when they love each other.' 

MORAL: When you argue do not let your hearts get distant, do not say words that distance each other more, else there will come a day when the distance is so great that you will not find the path to return. 

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Nehru_Gandhi_Family_Secrets    

One of our clients has sent attached presentation which gives interesting secrets of Nehru Gandhi family 

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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. 

(3) The Courts in India 2500 years back had 3 Juries from public    

Recently we happen to hear a discourse by Swami Pradumn Maharaj (Guru of Swami Ramdev) on Manu Smriti. Such discourse are televised from 4AM to 5:30AM daily on Sanskar Channel. When he was dealing with the Chapter VIII and mentioned that the King appointed Judges in the courts and in some courts there were 3 juries to assist the Judge, we became curious and studied the Manu Smriti.

Manu Smriti  is one of the oldest and probably the most important of the smritis which contain the laws (conduct in life) that need to be followed in various orders of life and by persons of various tendencies (varnas)

In Chapter VIII, it is mentioned in Slokas 9, 10 and 11, that the suits which were not personally investigated by the King, were assigned to the Court which consisted of learned Judge assisted by 3 learned persons from public.

The role of the said 3 learned persons must be like Juries in USA where verdict of the Juries is given due weight and attention.

Thus our courts 2500 years back were much more advanced to achieve justice.

Our present court system was established by British and it had the jury system. The said Jury system was abolished after the famous Nanavati case. But the jury system still continues in USA.

In our view, the DRTs need jury system of Manu i.e. if there are 3 eminent persons (businessmen and or industrialist) as Juries to assist the Judge in DRT, the decisions will be far better than at present. 

(4) Great Truths    

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

1. We hang the petty thieves and appoint the great ones to public office.

- Aesop


2. If you don't read the newspaper you are uninformed, if you do read the newspaper you are misinformed.
-- Mark Twain

3. Suppose you were an idiot. And suppose you were a member of Congress. But then I repeat myself.
-- Mark Twain

4. I contend that for a nation to try to tax itself into prosperity  like a man standing in a bucket and trying to lift himself up by the handle.
-- Winston Churchill

5. A government which robs Peter to pay Paul can always depend on the support of Paul.
-- George Bernard Shaw

6. A liberal is someone who feels a great debt to his fellow man, which debt he proposes to pay off with your money.
-- G. Gordon Liddy

7. Democracy must be something more than two wolves and a sheep voting on what to have for dinner.
-- James Bovard, Civil Libertarian (1994)

8. Foreign aid might be defined as a transfer of money from poor people in rich countries to rich people in poor countries.
-- Douglas Casey, Classmate of Bill Clinton at Georgetown University

9. Giving money and power to government is like giving whiskey and car keys to teenage boys.
-- P.J. O'Rourke, Civil Libertarian

10. Government is the great fiction, through which everybody endeavors to live at the expense of everybody else.
-- Frederic Bastiat, French economist(1801-1850)

11. Government's view of the economy could be summed up in a few short phrases: If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidize it.
-- Ronald Reagan (1986)

12. I don't make jokes. I just watch the government and report the facts.
-- Will Rogers

13. If you think health care is expensive now, wait until you see what it costs when it's free!
-- P.J. O'Rourke

14. In general, the art of government consists of taking as much money as possible from one party of the citizens to give to the other.
-- Voltaire (1764)

15. Just because you do not take an interest in politics doesn't mean politics won't take an interest in you!
-- Pericles (430 B.C.)

16. No man's life, liberty, or property is safe while the legislature is in session.
-- Mark Twain (1866)

17. Talk is cheap...except when Congress does it.
-- Anonymous

18. The government is like a baby's alimentary canal, with a happy appetite at one end and no responsibility at the other.
-- Ronald Reagan

19. The inherent vice of capitalism is the unequal sharing of the blessings. The inherent blessing of socialism is the equal sharing of misery.
-- Winston Churchill

20. The only difference between a tax man and a taxidermist is that the taxidermist leaves the skin.
-- Mark Twain

21. The ultimate result of shielding men from the effects of folly is to fill the world with fools.
-- Herbert Spencer, English Philosopher (1820-1903)

22. There is no distinctly Native American criminal class...save Congress.
-- Mark Twain

23. What this country needs are more unemployed politicians.
-- Edward Langley, Artist (1928-1995)

24. A government big enough to give you everything you want, is strong enough to take everything you have.
-- Thomas Jefferson

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A Daring Mail from Student of IIT Mumbai on Rahul Gandhi

Received this mail from Nitin Gupta (Rivaldo) B Tech, IIT Mumbai, Hats Off to him. Send this to all educated people (hope they understand) and explain to all uneducated people (as many as possible) –

 Must read fully!!!!!!

DISCLAIMER: I DON'T ENDORSE ANY POLITICAL PARTY.  NOR DO I ENDORSE ANY OF WHAT MAYAWATI IS DOING.  WAS JUST TAKEN ABACK BY RAHUL GANDHI'S HYPOCRITICAL COMMENT AT THE RECENT  FARMER AGITATION IN UTTAR PRADESH.


 Rahul Gandhi: "I feel ashamed to call myself an INDIAN after seeing what  has happened here in UP".
 PLEASE DON'T BE ASHAMED OF U.P. YET

 Please don't be ashamed of Uttar Pradesh yet. Congress ruled the State for  the Majority of the duration Pre Independence to Post Independence.. from  1939 to 1989 ( barring the Periods of Emergency.. Thanks to your Grand Mom  Indira G. and a couple of transitional Governments)

 8 out of the total 14 Prime Ministers of India have been from UP, 6 out of  those 8 have been from Congress...

 I think your party had more than half a century and half a Dozen PM's  to  build a State...

 The Reason Mulayam Singh, subsequently came to Power is because your party  wasn't exactly Gandhian in their dealings in the State.. So May be If you  look at in totality the present chaos in UP is the outcome of the glorious  leadership displayed by Congress in UP for about 50 years!

 So Please don't feel ashamed as yet Dear Rahul.. For Mayawati is only  using  the Land Acquisition Bill which your party had itself used to LOOT the  Farmers many times in the Past!

 WHY DIDN'T YOUR PARTY CHANGE THE BILL WHEN IT WAS IN POWER  FOR SO LONG?

 Not that I Endorse what Mayawati is doing.. What Mayawati is doing is  Unacceptable..

 But the past actions of your party and your recent comments, puts a  question  mark on your INTENT and CONSISTENCY.

 YOU REALLY WANT TO FEEL ASHAMED

 But don't be disappointed, I would give you ample reasons to feel  ashamed...

 You really want to feel Ashamed..?

 First Ask Pranav Mukherjee, Why isn't he giving the details of the account  holders in the Swiss Banks.

 Ask your Mother, Who is impeding the Investigation against Hasan Ali in  the  74,000 Crore tax evasion case ?

 Rajiv Gandhi had a total of Swiss Franc 2.5 billion ($2.2 billion) in   secret  account In November 1991 [SEE ANNEXURE 10]

 After his death, SoniaG was the sole beneficiary of that amount. And that  was 1991, Only She knows her account balance now.. Could that be the  reason  the Govt. of India is not releasing the list of account holders in the  Swiss  Banks ?

 Ask her, Who got 60% Kickbacks in the 2G Scam ?

 Kalamdi is accused of a Few hundred Crores, Who Pocketed the Rest in the  Common Wealth Games?

 Ask Praful Patel who made Indian Airlines so Sick? Why did Air India let  go  of the Profitable Routes ?

 Why should the Tax Payer pay for the Air India losses?

 Also, You People can't run an Airline Properly. How can we expect you to  run  the Nation?

 Ask Manmohan Singh. Why/What kept him quiet all this while?

 People say He is Honest. Honest to the Nation, or Honest to a PERSON?

 THE CBI raided the vault of the Reserve Bank of India and found a huge  cache  of COUNTERFEIT INDIAN currency lying in the denomination of 500 and 1000.  IN
 THE RESERVE BANK OF INDIA???

 Why is the Govt. of India quiet on that ?

 So, Could the reasons for sustained INFLATION be MORE related to POLITICS  than ECONOMICS?

 Who let the BHOPAL GAS TRAGEDY Accused go Scot Free? (20,000 People died  in
 that Tragedy)

 Who ordered the State Sponsored Massacre of SIKHS in 84?

 Please read more about, How Indira Gandhi pushed the Nation Under  Emergency
 in 76-77, after the HC declared her election to Lok Sabha Void!

 (I bet She had utmost respect for DEMOCRACY and JUDICIARY and FREE PRESS)

 I guess you know the answers already. So My question is, Why the Double  Standards in Judging Mayawati and members of your Family and Party?

 I condemn Mayawati. But Is She the only one you feel Ashamed for?

 What about the ones close to you? For their contribution to the Nation's  Misery is beyond comparison.

 You talk about the Land being taken away from the Farmers. How many  Suicides
 have happened under your Parties Rule in Vidarbha ? Does that Not Ashame You  ?
 THE 72,000 CRORE LOAN WAIVER

 Your Party gave those Farmers a 72,000 Crore Loan Waiver. Which didn't  even
 reach the Farmers by the way.

 So, Why don't you focus on implementing the policies which your govt. has  undertaken, instead of earning brownie points by trying to manufacture consent by bombarding us with pictures of having food with Poor  Villagers....

 You want to feel ashamed. You can feel ashamed for your Party taking  CREDIT
 for DEBITING the Public Money (72,000 crores) from the Government Coffers  and literally Wasting it...

 You want to feel ashamed.. Feel ashamed for that...

 WHY ONLY HIGHLIGHT THIS ARREST?

 Dear Rahul, to refresh your memory, you were arrested/detained by the FBI  the BOSTON Airport in September 2001.

 You were carrying with you $ 1,60,000 in Cash. You couldn't explain why  you
 were carrying so much Cash.  Incidentally He was with his Columbian girlfriend Veronique Cartelli,  ALLEGEDLY, the Daughter of Drug Mafia.

 9 HOURS he was kept at the Airport.

 Later then freed on the intervention of the then Prime Minister Mr.  Vajpayee.. FBI filed an equivalent of an FIR in US and released him.

 When FBI was asked to divulge the information, by Right/Freedom to  Information Activists about the reasons Rahul was arrested ... FBI asked  for  a NO OBJECTION CERTIFICATE from Rahul Gandhi.

 So Subramaniyam Swami wrote a Letter to Rahul Gandhi, " If you have  NOTHING
 to HIDE, Give us the Permission"

 HE NEVER REPLIED!

 Why did that arrest not make Headlines Rahul? You could have gone to the  Media and told, "I am ashamed to call myself an INDIAN?".

 Or is it that, you only do like to highlight Symbolic Arrests (like in UP)  and not Actual Arrests ( In BOSTON)

 Kindly Clarify.....

 In any case, you want to feel ashamed, Read Along...

 YOUR MOTHER'S SO CALLED SACRIFICE OF GIVING UP PRIME MINISTER SHIP in  2004.

 According to a Provision in the Citizenship Act a Foreign National who becomes a Citizen of India, is bounded by the same  restrictions, which an Indian would face, If he/she were to become a  Citizen  of Italy.

 (Condition based on principle of reciprocity)

 [READ ANNEXURE- 1&2]

 Now Since you can't become a PM in Italy, Unless you are born there.

 Likewise an Italian Citizen can't become Indian PM, unless He/She is not  born here!

 Dr. SUBRAMANIYAM SWAMI (The Man who Exposed the 2G Scam) sent a letter to
 the PRESIDENT OF INDIA bringing the same to his Notice. [READ LETTER TO  THE  PRESIDENT IN ANNEXURE -3]

 PRESIDENT OF INDIA sent a letter to Sonia Gandhi to this effect, 3:30 PM,  May 17th, 2004.

 Swearing Ceremony was scheduled for 5 PM the same Day.

 Manmohan Singh was brought in the Picture at the last moment to Save  Face!!

 Rest of the SACRIFICE DRAMA which she choreographed was an EYE WASH!!!

 Infact Sonia Gandhi had sent, 340 letters, each signed by different MP to  the PRESIDENT KALAM, supporting her candidacy for PM.

 One of those letters read, I Sonia Gandhi, elected Member from Rai Bareli,  hereby propose Sonia Gandhi as Prime Minister.

 So SHE was Pretty INTERESTED! Until She came to know the Facts!

 So She didn't make any Sacrifice, It so happens that SONIA GANDHI couldn't
 have become the PM of INDIA that time.

 You could be Ashamed about that Dear Rahul!! One Credential Sonia G had,
 Even that was a HOAX!

 THINK ABOUT YOURSELF.

 You go to Harvard on Donation Quota. ( Hindujas Gave HARVARD 11 million
 dollars the same year, when Rajiv Gandhi was in Power)

 Then you are expelled in 3 Months/ You Dropped out in 3 Months.... ( Sadly  Manmohan Singh wasn't the Dean of Harvard that time, else you might have  had
 a chance... Too Bad, there is only one Manmohan Singh!)

 Some Accounts say, You had to Drop out because of Rajiv Gandhi's  Assassination.
 May be, But Then Why did you go about lying about being Masters in  Economics
 from Harvard .. before finally taking it off your Resume upon questioning  by
 Dr. SUBRAMANIYAM SWAMI (The Gentlemen who exposed the 2G Scam)

 At St. Stephens.. You Fail the Hindi Exam.

 Hindi Exam!!!

 And you are representing the Biggest Hindi Speaking State of the Country?


 SONIA GANDHI's EDUCATIONAL QUALIFICATIONS

 Sonia G gave a sworn affidavit as a Candidate that She Studied English at  University of Cambridge

 [SEE ANNEXURE-6, 7_37a]

 According to Cambridge University, there is no such Student EVER! [ SEE  ANNEXURE -7_39]

 Upon a Case by Dr. Subramaniyam Swami filed against her,  She subsequently dropped the CAMBRIDGE CREDENTIAL from her Affidavit.

 Sonia Gandhi didn't even pass High School. She is just 5th class Pass!

 In this sense, She shares a common Educational Background with her 2G  Partner in Crime, Karunanidhi.

 You Fake your Educational Degree, Your Mother Fakes her Educational  Degree.

 And then you go out saying, " We want Educated Youth into Politics!"

 Letters sent by Dr. Swami to EC and then Speaker of Lok Sabha are in
 ANNEXURE 7_36 &7_35 RESPECTIVELY

 Contrast that with Gandhi Ji , who went to South Africa, Became a  Barrister,  on Merit, Left all that to work for South Africa, then for the Country....

 WHY LIE ABOUT EDUCATIONAL CREDENTIALS?

 Not that Education is a Prerequisite for being a great Leader, but then  you  shouldn't have lied about your qualifications!

 You could feel a little ashamed about Lying about your Educational  Qualifications. You had your reasons I know, Because in India, WE RESPECT  EDUCATION!

 But who cares about Education, When you are a Youth Icon!!

 YOUTH ICON

 You traveled in the Local Train for the first time at the Age of 38.

 You went to some Villages as a part of Election Campaign.

 And You won a Youth Icon!! ... That's why You are my Youth Icon.

 For 25 Million People travel by Train Everyday. You are the First Person   to  win a  Youth Icon for boarding a Train.

 Thousands of Postmen go to remotest of Villages. None of them have yet  gotten a youth Icon.

 You were neither YOUNG Nor ICONIC!

 Still You became a Youth Icon beating Iconic and Younger Contenders like  RAHUL DRAVID.

 Shakespeare said, What's in a Name?

 Little did he knew, It's all in the Name, Especially the Surname!

 Speaking of Surname, Sir

 DO YOU REALLY RESPECT GANDHI, OR IS IT JUST TO CASH IN ON THE GOODWILL OF  MAHATMA ?

 Because the Name on your Passport(ITALIAN) is RAUL VINCI.
 Not RAHUL GANDHI..

 May be if you wrote your Surname as Gandhi, you would have experienced,
 what  Gandhi feels like, LITERALLY ( Pun Intended)

 You People don't seem to use Gandhi much, except when you are fighting
 Elections. ( There it makes complete sense).

 Imagine fighting elections by the Name Raul Vinci...

 It feels sadly Ironic, Gandhi Ji, who inspired Icons like Nelson Mandela  ,Martin Luther King Jr. and John Lennon, across the world, Couldn't  inspire  members of his party/ Nehru's Family, who only seem to use his Surname for  the purposes of FIGHTING ELECTIONS and conveniently use a different name  on  their PASSPORT.

 You could feel ashamed for your Double Standards.

 YOUTH INTO POLITICS.

 Now You want Youth to Join Politics.

 I say First you Join Politics.

 Because you haven't Joined Politics. You have Joined a Family Business.

 First you Join Politics. Win an Election fighting as RAUL VINCI and Not  Rahul Gandhi, then come and ask the youth and the Educated Brass for more  involvement in Politics.

 Also till then, Please don't give me examples of Sachin Pilot and Milind  Deora and Naveen Jindal as youth who have joined Politics..

 They are not Politicians. They Just happen to be Politicians.

 Much Like Abhishek Bachchan and other Star Sons are not Actors. They just  happen to be Actors (For Obvious Reasons)

 So, We would appreciate if you stop requesting the Youth to Join Politics  till you establish your credentials...

 WHY WE CAN'T JOIN POLITICS!

 Rahul Baba, Please understand, Your Father had a lot of money in your  Family  account ( in Swiss Bank) when he died.

 Ordinary Youth has to WORK FOR A LIVING.

 YOUR FAMILY just needs to NETWORK FOR A LIVING

 If our Father had left thousands of Crores with us, We might consider  doing  the same..

 But we have to Work. Not just for ourselves. But also for you. So that we  can pay 30% of our Income to the Govt. which can then be channelized to  the  Swiss Banks and your Personal Accounts under some Pseudo Names.

 So Rahul, Please don't mind If the Youth doesn't Join Politics. We are  doing  our best to fund your Election Campaigns and your Chopper Trips to the  Villages.

 Somebody has to Earn the Money that Politicians Feed On.

 NO WONDER YOU ARE NOT GANDHI'S. YOU ARE SO CALLED GANDHI'S!!

 Air India, KG Gas Division, 2G, CWG, SWISS BANK Account Details... Hasan
 Ali, KGB.

 Then Sonia Gandhi proclaimed 'zero tolerance' to corruption at a party  rally  in Allahabad in November 2010. WHAT A HYPOCRITE!

 You want to feel ashamed..

 Feel Ashamed for what the First Family of Politics has been reduced to...

 A Money Laundering Enterprise.

 NO WONDER YOU ARE NOT GANDHI'S BY BLOOD. GANDHI is an adopted Name. For Indira didn't marry Mahatma Gandhi's Son.

 For even if you had one GENE OF GANDHI JI in your DNA. YOU WOULDN'T HAVE  BEEN PLAGUED BY SUCH 'POVERTY OF AMBITION' ( Ambition of only EARNING  MONEY)

 You really want to feel Ashamed.

 Feel Ashamed for what you ' SO CALLED GANDHI'S' have done to MAHATMA'S
 Legacy..

 I so wish GANDHI JI had Copyrighted his Name!

 Meanwhile,  I would request Sonia Gandhi to change her name to $ONIA  GANDHI,  and you could replace the 'R' in RAHUL/RAUL by the New Rupee Symbol!!!

 RAUL VINCI : I am ashamed to call myself an Indian.

  Even we are ashamed to call you so!

 P.S: Popular Media is either bought or blackmailed, controlled to  Manufacture Consent!

My Guess is Social Media is still a Democratic Platform. (Now they  are trying to put legislations to censor that too!!)
Meanwhile, Let's ask these questions, for we deserve some Answers.   For we are all Gandhi's. For Bapu is the Father of the Nation!

 To know more, Try looking for Dr. SUBRAMANIYAM SWAMI. He is the reason  today  2G SCAM is being Investigated!!! He also happens to be a FORMER UNION LAW  MINISTER.

 YOURS SINCERELY

 NITIN GUPTA ( RIVALDO)
 B.Tech, IIT Bombay

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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.

 

(3) I Claim to be Your Friend   

 

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

 

People come into your life for a reason, a season or a lifetime. 

When you know which one it is, you will know what to do for that
Person.. 

When someone is in your life for a REASON, it is usually to meet a need
You have expressed. 

They have come to assist you through a difficulty, to provide you with
Guidance and support, 

To aid you physically, emotionally or spiritually. 

They may seem like a godsend and they are. 

They are there for the reason you need them to be. 

Then, without any wrongdoing on your part or at an inconvenient time, 

This person will say or do something to bring the relationship to an
End. 

Sometimes they die. Sometimes they walk away. 

Sometimes they act up and force you to take a stand. 

What we must realize is that our need has been met, our desire
Fulfilled, their work is done. 

The prayer you sent up has been answered and now it is time to move on. 


Some people come into your life for a SEASON, because your turn has
Come to share, grow or learn. 

They bring you an experience of peace or make you laugh. 

They may teach you something you have never done. 

They usually give you an unbelievable amount of joy.. 

Believe it, it is real. But only for a season.


LIFETIME relationships teach you lifetime lessons, 

Things you must build upon in order to have a solid emotional
Foundation.. 

Your job is to accept the lesson, 

Love the person and put what you have learned to use in all other
Relationships and areas of your life. 

It is said that love is blind but friendship is clairvoyant. 

 

 

Following Mail from an Student from IIT Delhi should open our Eyes   

 

Even though I have least interest in politics and social service, I somehow feel compelled to express what I am going to express below. If I were Om Puri or Kiran Bedi, I would have been so happy to be summoned for the breach of parliamentarians privileges. I would have made the following assertion while availing of the opportunity to defend my utterances.

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Madam Speaker,

I have been called here to speak and explain why I said what I said about the members of this house. First of all I would like to thank you for having invited me to speak here and explain my position and thought process behind my utterances. In fact, I could not use the actual words that I intended to use to describe the special attributes of the members of this house. I actually wanted to call them chor, dacoit, gunda, badmash, lutera, byabhichari, ganda and ghrinit log  however I could not utter these words amongst the civilized members of the civil society. I do not feel any restriction in uttering these words here because in this community people feel more at home with these kinds of adjectives. I have my specific and definite reasons to think of these objectives when I think of the current day parliamentarians who are members of this house. When the founding fathers of the constitution drafted the provisions for the special privileges for the members of the central and state legislature,  they could not even imagine in their dreams that a day would come when members of this house would be in jail for being prime suspects in spectacular ghotalas while discharging their respective duties as the honourable ministers of the govt. of India or chairman of high powered committees. They could not perceive that a supposedly learned lawyer, (at least that is what he claims to be) in his role of a minister of govt of India would defend his predecessor saying that there was absolutely no ghotala in the deeds of his predecessor even while the predecessor would continue to be in jail and the CBI would be trying its best to get him pronounced guilty and convicted. The founding fathers could not imagine that a member of this house despite knowing the actual expenses that is incurred on running this house at the expenses of the tax payers of this country would take the debate in the house to such low levels that it might look like a platform of standing comedians rather than a platform for serious debate on issues of national interest. They could not imagine that a joker would some day say in the parliament “duniya mein aaye hain to kuchh kaam kijiye, janta/chanda ke paise se jalpan kijiye” and the members present in the house would encourage him in his act of comedy by thumping their desk.

I am sorry if I have hurt the feelings of people like Pranab Mukherjee or Sushma Swaraj however I would be a hypocrite if I call the people like Lalu Yadav, Kalmadi, Sheila, A Raja, Kanimojhi, Pappu Yadav, Mulayam Singh, Amar singh, Shibu Soren and many others honourable members. They are of course members of this house however I definitely do not consider them as honourable. These people are thieves and dacoits and people like Kapil Sibal are the idiots who are partners of these people in crime. People like these may have obtained the piece of papers from universities tiled degrees and certificates however these pieces of papers do not make them educated. They remain uneducated despite being in possession of these kind of pieces of paper. People like Manish Tiwari remain nothing more than the graduates of Thooke Chate classes irrespective of how highly educated they may claim to be. The lady who runs the govt with a remote has gone to some remote place and the country is not aware of where she is in the name of privacy. The people whom she represent have a right to know where their representative is which has been shamelessly denied by the largest party in this house in the name of privacy. If privacy is so important to these people, they should have refrained from entering the public life.   I firmly believe that calling these people “ganwaar” is no exaggeration. I, of course, apologise to the village people if they feel hurt by being equated with the members of legislature. The general value system of the people from our villages is so high and ideal that despite the presence of people like the members in the most of the legislature, India continues to be identified with its moral and ethical character.

I sincerely feel that such lot of parliamentarians need to be called many more names than whatever I have called them in public and therefore I am grateful to you madam speaker for having given me the opportunity to clearly express what I think of the majority lot of the members in this house and for that matter members in most other legislature in the country. I have been granted the freedom of expression to express honestly what I think of these so called people’s representative and would be happy to bear the consequences. You may have the brute power to force my body to be confined within the four walls of jails  or you may even hang me to death however you can not suppress my spirit which feels that most of the members in this house enter the electoral arena only to fill their own pockets and have never ever been interested in any actual public or social service or statesmanship. I strongly feel that most of the people in this country echo my feelings. In case you do not agree with this belief then the only way to ascertain the truth would be to carry out a national survey asking the people of India whether they actually consider the majority of the members of this parliament  chor or not. I am absolutely certain that majority of the respondent of this survey, if it is ever commissioned and carried out, would say that most of the members of this house are chor. I, hereby, give an undertaking that I would be happy to serve a life term in prison  if the outcome of any of this  kind of survey would happens to be different than what I have predicted.

In such a scenario, I feel I have uttered what most of the Indians think of the majority of the current day members of parliament and therefore I assert that I have not committed any crime. I would be happy to bear the consequences of my utterances if the parliament of this country stoops down to such a level that it is not ready to hear and bear the actual perception in the minds of the people of this country about what they think of its members.

 

I request that this be circulated so that it reaches the parliamentarians and they bring a privilege motion against me as well. I would like to add that I am not a patriot as I believe that any artificial distinction between the human beings in the name of religion, caste, language, country or any other man made attribute which makes them feel that they belong to a particular and specific group is perpetrated by the vested interests in the general language and ignorant idiots in my own understanding. I have been taught since my infancy that I am an Indian and therefore I am not a Pakistani or Chinese or Bangladeshi or American. I have been taught that I as an Indian is different than being a Pakistani and since we are different my values as an Indian is better than the values of  a Pakistani, Chinese or American. Since all the different groups with specific identity consider themselves better than the rest others, this leads to a conflict between Indians and Pakistani or hindus and muslims or speakers of Hindi and Tamil or black and white. This concept of “I am I and you are you and therefore I and you are different and since we are different I am better than you” is the root cause of all the evil encountered by the humanity in its true spiritual development and in this sense I am not able to call myself a patriot because I can not hate my brother from across an artificial and imaginary line drawn on the surface of mother earth. I am not able to identify myself with any particular caste or religion in the way I have been taught about these concepts since my childhood and yet I would like to call myself a religious person and a Brahmin. As per my definition, a Brahmin is the one who has awakened to the absolute truth and as per this definition Kabir, Raidas, Nanak, Buddha, Jesus, Muhammad, Socrates, Gurdjieff, Lao Tzu, Confucius, Ved Vyas, Patanjali, Osho, Krishnamurti, Raman, Telang Swami   are all Brahmins and so I am I and many others. When I call myself religious, I do not mean to say that I am “Hindu” in the sense the word is being used by the politicians these days. Being hindu for me does not mean being the one who goes to a temple and worships idols or listens to Ram Katha or Shrimad Bhagwat or Geeta . For me the word hindu means the religious way of life that has evolved since the Indus valley civilization and which has been clearly visible in the way of life practiced by Buddha, Mahavir, Kabir, Nanak, Mother Teresa, Khwaja Moinuddin Chisti, Nizamuddin Auliya and many others who have carried their body in this part of the globe.

 With Best Regards

Mithilesh Kumar Jha _._,_.___

IIT Delhi Alumni Association 
Nalanda House, IIT Delhi
Hauz Khas, New Delhi 110 016 
Tel: 2686 8523/2659 7178/2659 6953 
Fax: 2651 4177

 

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.


 

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.

 

 

(3) Possibly the 5 Best Sentences you’ll ever read   

 

Mr. Firoz Poonawalla has sent the following 5 best sentences, you’ll ever read:-


1.   You cannot legislate the poor into prosperity by legislating the  wealthy out of prosperity.


2.   What one person receives without working for,  another  person must work for without  receiving.

3.  The government cannot give to anybody anything that the  government does not first take from somebody  else.

4.  You cannot multiply wealth by dividing  it.

5.  When half of the people get the idea that they do not have to  work because the other half  is going to take care of  them,  and when the other half gets the idea that it does  no good to work because somebody else is going to get what they  work for,  that is the beginning of the end of any  nation.
 


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We have to be grateful to Swami Ramdev and Anna Hazare   

 

These two personalities have shown us new way to usher in Democracy in our country. We must study their life, literature, web sites and other materials on the internet. We must subscribe to the magazine ‘Yog Sandesh’ We must spend some time daily to understand these personalities. They are doing selfless work. They are doing selfless work. We must spread their messages among less literate persons like workers, mazdoors, our servants, villagers etc. We must emphasize to one and all that 100% voting alone will destroy the evil designs of the politicians to win elections with 15% masses. All their schemes in their vote banks will be defeated if we undertake to ask everyone to vote to competent independent candidates in preference to those who belong to any political party. Criminals enter politics for power and money. They utilize the system and police to rule over us. We are weak and that is why we allow criminals to rule over us. At the time of elections, these criminals come with folded hands asking for votes. Once election is over, they are not to be seen for 5 years as they then become engaged in looting and making themselves rich by crores and crores. Black money and corruption are the most important issues along with the election reforms. We must help Swami Ramdev and Anna Hazare to expedite election reforms. Please save your time and devote the time saved to 100% voting and election reforms.  

 

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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.

 

(3) Supreme Court on Multiplier Method of calculating Damages   

 

Some of our clients have been asking us the basis of multiplier method of calculating damages. In this connection, reference is made to the Supreme Court judgment vide citation 2001 AIR(SC) 3218, Lata Wadhwa vs State of Bihar wherein such method has been validated.

 

(4) Incredible India   

 

Mr. Sanjay Baweja, one of our close friends  has sent the following interesting piece:-

 

 

 

1. We live in a nation where Rice is Rs.40/- per kg and Sim Card is  free.

2. Pizza reaches home faster than Ambulance and Police.

3. Car loan @ 5% but education loan @ 12%.

4. Students with 45% get in elite institutions thru quota system and those with
90% get out because of merit.

5. Where a millionaire can buy a cricket team instead of donating the
money to any  charity. 2 IPL teams are auctioned at 3300 crores and we
are still a poor country where people starve for 2 square meals per
day.

6. Where the footwear, we wear, are sold in AC showrooms, but
vegetables, that we eat, are sold on the footpath.

7. Where everybody wants to be famous but nobody wants to follow the
path to be famous.

8. Assembly complex buildings are getting ready within one year while
public transport bridges alone take several years to be completed.

9. Where we make lemon juices with artificial flavors and dish wash
liquids with real lemon.

Think about it!
If you cross the The North Korean border illegally, you get ..... 12
years hard labour in an isolated prison ..... 

If you cross the Iranian
border illegally, you get ..... detained indefinitely ..... 

If you cross the Afghan border illegally, you get ..... shot ..... 

If you cross the Saudi Arabian border illegally, you get ..... jailed .....

If you cross the Chinese border illegally, you get ..... kidnapped and
may be never heard of - again .... 

If you cross the Venezuelan border illegally, you get ..... branded as a spy and your fate sealed .....

If you cross the Cuban border illegally, you get ..... thrown into a political prison to rot ..... 

If you cross the British border illegally, you get ..... arrested, prosecuted, sent to prison and be
deported after serving your sentence ..... 

Now .... 

if you were to cross the Indian border illegally, you get ..... 

1. A ration card 

2. A passport ( even more than one - if you please ! ) 

3. A driver's license 

4. A voter identity card 

5. Credit cards 

6. A Haj subsidy 

7. Job reservation 

8. Special privileges for minorities 

9. Government housing on subsidized rent 

10. Loan to buy a house 

11. Free education

12. Free health care 

13. A lobbyist in New Delhi , with a bunch of media morons and a bigger bunch of human rights activists promoting
your cause 

14. The right to talk about secularism, which you have not heard about in your own country ! 

15. And of-course ..... voting rights to elect corrupt politicians who will promote your community
for their selfish interest in securing your votes !!! 

16. and right to fight election for MLA or MP Hats off ..... to the ..... 

A. Corrupt and communal Indian politicians 

B. The inefficient and corrupt Indian police force 

C. The silly pseudo-secularists in India , who promote traitors staying here 

D. The amazingly lenient Indian courts and legal system. That's why people like Afzal Guru are still alive, same will
happen with Kasab. 

E. WE self centered Indian citizens, who are not bothered about the dangers to our own country. 

F. The illogically brainless human-rights activists, who think that terrorists deserve to be dealt with by archaic laws meant for an era, when human beings were human beings.

THE MINIMUM U CAN DO IS FORWARD THIS TO ALL --


INCREDIBLE
INDIA!

Politicians taking Advantage of Poor Voting by Literate Citizens   

 

Since the citizens are not serious about voting, the politicians reach to their vote banks in slums and chhopad patties and ask them to vote in their favour. This is how we get governed by the goonda elements for five years. It is a great responsibility of the literate citizens to moblize support of all the citizens to vote to offset effect of the evil designs. Should we not be strong enough to dispel the goond elements whose main aim to get power and money by entering the politics. At least a month in advance of the election, all the literate persons should devote their time and energy to impress upon their circle and families to vote fully. Such step alone will change the result remarkably.

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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.

 

(2) Our Deepest Fear …. By Swami Vivekanand

 

The following beautiful piece was sent by Mr. Firoz Poonawalla

Our Deepest Fear Is Not That We Are Inadequate.
Our Deepest Fear Is That We Are Powerful Beyond Measure.
It Is Our Light, Not Our Darkness That Most Frightens Us.

We Ask Ourselves, Who Am I To Be Brilliant, Gorgeous, Talented, Fabulous?
Actually, Who ...Are You Not To Be?
You Are A Child Of God.
Your Playing Small Does Not Serve The World.
There Is Nothing Enlightened About Shrinking

So That Other People Won't Feel Insecure Around You.
We Are All Meant To Shine, As Children Do.

We Were Born To Make Manifest The Glory Of God That Is Within Us.
It's Not Just In Some Of Us; It's In Everyone.
And As We Let Our Own Light Shine,We Unconsciously Give Other People Permission To Do The Same.
As We Are Liberated From Our Own Fear,Our Presence Automatically Liberates Others.”

 

 

 

 

Responsibility of Citizens in Our Democracy

 

Present Parliament has majority of criminals and goonda elements. They have entered politics to have easy access to power and wealth. They not only indulge in corruption at  highest level, they want only such people who can support them for such loot. It is we, the citizens who are responsible to allow the criminals to enter and seize the parliament. The citizens have not been serious right from the first general election and now after 64 years, the citizens and their children are in maximum trouble.

Now the only solution is that we must be conscious of this fact on daily basis. This should be the most important topic to devote some time whenever one is free.

It is well established that Congress created the present model to attract the goonda elements so that black money can be amassed to fight the election. Had professionals like Dr. Manmohan Singh be honest (and hence mentally not corrupt), he would have first devised a system to fight election on basis of white money, would have eradicated the menace of high value currency notes, would have made more stringent laws to counter black money and corruption etc. Hence in our views, Dr. Manmohan Singh is much more responsible and (hence corrupt) who is allowing himself to be used by those criminals and goonda elements.

Everybody knows that the Gandhi family and congress has amassed maximum black money and that is why Sonia and Rahul continue to rule the party and the government.

All other parties followed the model created by the Congress and hence they also are not interested to take any serious action against black money and corruption.

The citizens have only one weapon i.e. their vote which must be cast not to any party or any person connected with politics. It should be given only to those independent candidate who are honest and sincere.

The above matter needs to be propagated among lower class persons like servants, mazdoors, villagers etc. They should be told that during election, they may accept money and liquor but should vote on the above considerations.

If we don’t do such duty and only wait for the last day, we and our children will again be ruled by goonda elements.

At present it is needless to mention that Anna Hazare needs maximum support of every citizen.

Will you please write your views and comments?  

 

Note:- This issue has been preponed as Mr. Ram Kishan will be in journey from afternoon of 18th to afternoon of 19th

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DRT Legal Solutions

 

Attorneys at Law of Torts, Injury and IPR Claims

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

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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