DRT  Legal  Solutions

(Debts Recovery Tribunal Legal Solutions) is an India based

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

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

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

 

 

 

DRT Solutions Weekly Mail – 240th Issue dated 14thDecember ‘12

 

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(1) Bankers complaining against DRTs 


 

Following is the extract from our web page vide link

http://www.drtsolutions.com/securitisation_securitization_SARFAESI_SA_Act.htm
 

Following news item appeared at page 3 of the Economic Times, Mumbai as well as the internet edition :- 

Shortage of staff forces DRTs to put off cases

http://economictimes.indiatimes.com/news/economy/finance/staff-crunch-forces-debt-recovery-tribunals-to-put-off-cases/articleshow/17551652.cms

(DRTs), an important mechanism for loan recovery by banks, are foundering amid charges of lack of professionalism and shortage of staff as bad loans are crippling banks. The disposal of cases has been falling as a few members have to handle enormous amount of claims and the delaying tactics employed by defaulters by going in appeal against every order are defeating the purpose

In fact, bankers at a recent meeting with the finance ministry officials have charged that unjustified orders are being passed by some DRT officials in connivance with promoters who want to protect their assets. "We had complained about the unilateral stays that the registrars of the debt recovery tribunals are granting to the borrowers without giving banks a proper hearing,'' said a bank chairman, who did not want to be identified. "The issue was raised by us at a DRT forum where finance ministry officials were also present."

There are at least 33 DRTs and five appellate bodies to deal with cases. Although the mechanism was brought in with a noble aim to decide on the cases within 6 months, the lack of adequate staff and timely replacements have hit their operations. With corruption spreading, some say, even DRTs are not immune to it. "Borrowers are taking advantage of the debt recovery appellate tribunal and appealing against the order issued by the DRTs,'' said advocate Ravi Goenka of Goenka Law Associates  who represents financial institutions like asset reconstruction firm Arcil and OBC.

"According to the law, DRTs have to dispose off cases in six months, but it's taking almost two to three years.'' In 2011-12, of the total amount recovered through the Sarfaesi Act, DRTs and Lok Adalats registered a decline of 8.2% at 14,400 crore, from 15,700 crore a year earlier despite a surge in bad loans.

There is only one member looking after the Western region comprising entire Maharashtra, Gujarat and Goa. For a long time, the post of presiding officer was vacant and presiding officer of the Kolkata bench was looking after the Western region appellate tribunal as additional portfolio. Mumbai-based banks had to go to Kolkata to file a case in most of the cases, said a lawyer representing a bank.

The long duration taken by DRTs to decide on the cases is reflected in the fact that the Oriental Bank of Commerce and Bank of India are still fighting a case to recover dues from former stock broker Ketan Parekh in a case relating to the 2001 securities scandal. He was barred from trading at the Indian stock exchanges till 2017.

During June to December 2012, some important cases involving companies like Som Developers (owing 390 crore to SBI, UBI and other banks), Sterling Biotech  ( 322 crore debt towards a subsidiary of LIC) and Aeroflex ( 181 crore towards SBI) were admitted. "The DRTs were to finish cases in six month. However, they are not able to adhere to the timeline as they have become like a civil court,'' said the legal head of a private sector bank.

Our Comments

(a)   The Tiwari Committee which proposed in 1984 establishment of DRTs recommended that the DRTs’ Judges and Advocates should have specialized knowledge in functioning of banks, financial institutions and industry. The DRTs were constituted in 1993. Till date the original recommendation of Tiwari Committee has yet been implemented. The DRT judges and advocates continue to function in DRTs without the required knowledge of banking, industry and finance. Hence instead of complaining about the DRTs, the banks should organize training programe for the said specialized knowledge. In reality it will also help the borrowers.

(b)   DRT is a trial court. The time of 6 months is too small a period. The civil court normally take 15 to 20 years for a normal trial. In fact the DRTs will take much more time as the procedure is yet to be established and the DRT Advocate and Judges do not have specialized knowledge of banking, industry and finance.

(c)   On account of defective trial in DRT, extra time is required in higher court in appeal etc.

(d)   Despite Supreme Court verdict 15 years back, the control of DRTs is not being transferred from Ministry of Finance to Ministry of Law. As a result, the bank officials are being posted as Judges and Recovery Officers resulting into biased judgments and orders. Such defective judgments and orders create further delay due to appeal, review and revisions.

(e)   The element of corruption in DRTs is more or less same as in other courts or even in banks.

(f)    Instead of complaining about DRTs, the banks should devise a system by which the wrong doings committed by the banks are checked and corrected before filing a case in DRTs. This will drastically reduce the cases being filed in DRTs.

(g)   Competent and trained judges and advocates in DRTs with maximum use of modern technology will alone reduce the time being consumed by the DRTs.

(h)   In this connection, it will be worthwhile to know that all the above problems arose in UK also when Tribunals were established in 1800 and it took 157 years to find a workable solutions through the recommendations of Sir Frank Committee. But our beauracracy does not want to learn from such experience. That is why our country is ranked 78th  among 97 countries in respect of functioning of Judiciary. In 1988, eminent Justice Krishna Iyer said that we are 200 years behind developed countries.

(i)    It is reiterated that businessmen and industrialist facing litigation in DRTs will definitely help in bringing about judicial reforms which will contribute to the improvement of Judiciary as a whole. This is for the simple reason that they compared with the ordinary public litigants in civil courts are much more competent and capable.

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DRT Solutions Weekly Mail – 239th Issue dated 7thDecember ‘12


 

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(1) During OTS (i.e. One Time Settle) Process, initiating Recovery under Securitisation Act held Illegal by Allahabad High Court 


 

Following is the extract from our web page vide link

http://www.drtsolutions.com/securitisation_securitization_SARFAESI_SA_Act.htm


 

Mr. Bharat Gandhi, Advocate Mumbai, has drawn our attention to Allahabad High Court judgment delivered on 29.02.12 by D.B. vide citation 2012(3) Bankers’ Journal 201, Shyama Ice & Cold Storage (P) Ltd vs Syndicate Bank according to which when the OTS was under active consideration, initiation action under the Securitisation Act is not permissible as it would amount to simultaneous proceeding against the borrower to wield the sword and stick at the same time. Notice under Sec 13(2) was quashed.


 

(2) Writ Petition by Bank Dismissed - Bank’s Request to Direct Police for taking Physical Possession held without Locus Standi by Kolkata High Court 


 

Following is the extract from our web page vide link

http://www.drtsolutions.com/securitisation_securitization_SARFAESI_SA_Act.htm


 

Mr. Jagdish Bagri, Chairman, The Vaibhavi Foundation, Asansol in his mail of 5th instt has informed as under:-


 

“Sir, Please recall my Visit to Indore some time in Feb 2011 where I had discussed my case with bank of Baroda and you had guided me accordingly.

 

I am writing this for sharing with other readers of our website/Weekly Newsletter.

 

After serving several Notices under Sec 13(2) and 13(4), which were dully opposed, The Bank had filed OA in the DRT, which is still pending. Simultaneously, the Bank had approached the DM and Local Police to forcefully recover our residential Property, which is still pending Partition under the Mitakshara School of Law. Bank had also paid the requisite fees to the Police Department for providing Force some  time in June 2010. But we had filed a petition under sections 144, 116 & also 107. 

 

The bank had filed a writ Petition in Kolkata High Court against the SP/ASP etc seeking an order to direct the Police to provide force. The writ petition has been dismissed today on ground that the bank has no locus standi.

 

Shall send the detailed order in a few days.

 

Thanks and Regards”

 

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DRT Solutions Weekly Mail – 238th Issue dated 30thNovember ‘12
 

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(1)  Impact of Personal Involvement of the Borrower in the Court Arguments 


 

Following is the extract from our web page vide link.

 http://www.drtsolutions.com/drt_DRT.htm


 

The arguments before the court or DRT in respect of bank litigation require intimate knowledge of banking, industry and finance as the case may be. Most of the advocates may not be having desired level of the said knowledge. That is why we emphasize active involvement of our clients in their litigation. At times when it is observed that the particular material facts are not being placed before the judge, the borrower can submit the same with due permission of the court. Based on our such advice, few of our clients got tremendous benefits in court decisions.


 

(2) Govt asks Banks to Penalize Wilful Defaulters 


 

Following is the extract from our web page vide link

 http://www.drtsolutions.com/drt_DRT.htm


 

Vide news item on page 8 of the Economic Times, New Delhi dated 29th Nov issue, worried over rising bad loans, the Govt has asked the state-owned banks to crack the whip on willful defaulters and initiate penal proceedings against them. This issue figured in meetings of the bankers with finance minister. Besides, the PSU bank chiefs were also advised to expedite steps to deal with willful loan defaulters. The gross NPAs or bad loans of all public sector banks taken together have increased to 4.01% in the second quarter. 


 

Our Comments:- The borrowers must study the relevant RBI’s master circular and carefully watch the actions of the bank. Proper correspondence must be carried out to record the procedural lapses. Despite such precautions, if the bank attempts to classify the account and the directors as willful defaulters, injunction suit must be immediately filed in the court.


 

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DRT Solutions Weekly Mail – 237th Issue dated 23rdNovember ‘12

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(1)  Arbitrators can not decide Mortgage Suits – Supreme Court 


 

Following is the extract from our web page vide link

 

http://www.drtsolutions.com/drt_DRT.htm

Mr. N. K. Sharma, ex-GM(Law) & our Associate and Mr. Bharat Gandhi, Advocate, Mumbai has respectively sent soft copy and hard copy of the relevant Supreme Court ruling in the matter of BOOZ ALLEN AND HAMILTON INC. Appellant VERSUS SBI HOME FINANCE LTD. & ORS. Respondents Civil Appeal No.5440 of 2002-Decided on 15-04-2011 wherein it is laid down as under:- 

“28. A decree for sale of a mortgaged property as in the case of a decree for order of winding up, requires the court to protect the interests of persons other than the parties to the suit/petition and empowers the court to entertain and adjudicate upon rights and liabilities of third parties (other than those who are parties to the arbitration agreement). Therefore, a suit for sale, foreclosure or redemption of a mortgaged property, should only be tried by a public forum, and not by an arbitral tribunal. Consequently, it follows that the court where the mortgage suit is pending, should not refer the parties to arbitration.

 30. Having regard to our finding on question (iv) it has to be held that the suit being one for enforcement of a mortgage by sale, it should be tried by the court and not by an arbitral tribunal”

 Impact of Above Ruling 

(1)           Wherever the Arbitrators are handling mortgage loans, cases needs to be immediately transferred to the Courts or the Tribunals as the case may be.

(2)           Co-operative Banks will be affected to maximum extent as their recovery cases can neither be handled by DRTs under Securitisation Act nor by the Arbitrators. They will have to confine to Co-operative courts only. It is needless to mention that the said Courts are governed by the CPC and hence such recoveries will take considerable time.

(2)  Problems faced by DRT Litigant Borrowers 

 

Following is the extract from our web page vide link

 

http://www.drtsolutions.com/drt_DRT.htm

From the continuous feedback from our clients and interactions with their advocates, we find that they continue to face the following problems from their advocates:-

(a)   The pleadings do not contain the impact of wrong doings by the banks in form of money values i.e. loss and damages or counter-claims are not raised.

(b)   When such borrowers come to us, we prepare the amendments to the said pleadings to incorporate the above deficiencies.

(c)   The concerned advocates do not comprehend the said amendments despite telephonic interactions with us.

(d)   It is proposed that the said advocates are welcome to visit us at their convenient time even on holidays or Sundays so that we shall provide legal validations to the said amendment to the pleadings.

(e)   Without such face to face interactions based on legal documents, books, judgments, video clips etc, the borrowers will be deprived of the complete defence. Once the case is decided by the DRT, it will be extremely difficult correct or remedy the situation. 

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DRT Solutions Weekly Mail – 236th Issue dated 16thNovember ‘12

 

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(1)  HC Justice Ramachandran says SARFAECI Act should be removed or amended 


 

Following is the extract from our web page vide link http://www.drtsolutions.com/securitisation_securitization_SARFAESI_SA_Act.htm


 

Mr. T.R. Radhakrishnan, Banking Expert and our associate has sent the following very useful news item:-
 

“Justice C N Ramachandran Nair said that the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act which came into effect in 2002 should be removed since it has brought much harm to the loan borrowers from banks. If not revoked, it should be amended so as to benefit the borrowers, he said

Justice Ramachandran was speaking at the inauguration of a seminar on implications of action taken by the bankers against borrowers under SARFAESI Act.

“The Act was brought into effect to help banks so that they could recover their dues from the borrowers. It has helped the bankers. However, it has given them unnecessary power since they can auction off the properties of the owner without their consent at a much lesser price than the market price. This will bring huge losses to the borrower as the market price of land is presently at an all time high,” Justice Ramachandran said.

Speaking about the atrocities being meted out by the bankers to the borrowers through this Act around the country, the High Court Justice pressed for the need of the Parliamentarians to amend the Act so that the owner gets a right to sell his land at his own price, after the bank auctions off a portion of the land to get back his dues. Justice Ramachandran added many suicides have been committed in the past because the borrowers, especially the farmers, are not provided any security.

By Express News Service - KOCHI

29th July 2012 10:44 AM”


 

(2)  Discovery of Documents – Most Important part of DRT Litigation 


 

Following is the extract from our web page vide link

http://www.drtsolutions.com/drt_DRT.htm


 

All the bank transactions and dealings are recorded on documents. Hence these documents form the basis on which the pleadings are to be framed as well as the case is adjudicated upon in the DRTs. The bank officials commit several wrong doings on account of which the borrower suffers loss and damages. The pleadings, therefore, should contain the said loss and damages or the counter-claim. Only after preparation of perfect pleadings, the case should be allowed to proceed further in the DRTs. It is observed that the banks take time to reply to such perfect pleadings. After the receipt of the reply from the bank, one should prepare list of important documents. Application be filed for inspection of the said documents. In many cases it is observed that the banks do not allow inspection of all the documents. Whereas as per the law, all the documents which are related with the case are to be produced. Resolution of such issue itself may take several years.
 

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DRT Solutions Weekly Mail – 235th Issue dated 9thNovember ‘12


 

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(1) Counter-claim filed much later than WS – Permissible – Supreme Court Judgment 


 

Following is the extract from our web page vide link

http://www.drtsolutions.com/drt_DRT.htm


 

One of our clients informed that his advocate has objected to the counter-claim prepared by us as WS was filed long back and hence the counter-claim can not be filed now as as per the DRT Act it should have been filed along with the WS.


 

Another of our clients filed the counter-claim much after the WS. The bank submitted an application stating that such counter-claim is not maintainable.

We informed the above clients that the particular provisions in the DRT Act are exactly same as those in the CPC. Such issue came up in the civil courts and the Supreme Court ruled that the counter-claim if based on the facts on or before the date of filing of the WS is  maintainable even if filed much later than the WS. The relevant extract from the said Supreme Court judgment are reproduced below, which are self explanatory:-

(1)  Mahendra Kumar vs State of Madhya Pradesh decided on 04.05.87 vide citations 1987 (3) SCC 265 : 1987 AIR(SC) 1395 : 1987 (2) JT 524 : 1987 (1) Scale 1257 : 1987 (3) SCR 155 : 1987 (2) UJ(SC) 274 : 1987 Legal Eagle 475 

Extract :- 

(15)         THE next point that remains to be considered is whether Rule 6-A(1) of Order VIII of the Code of Civil Procedure bars the filing of a counter-claim after the filing of a written statement. This point need not detain us long, for Rule 6-A(1) does not, on the face of it, bar the filing of a counter-claim by the defendant after he had filed the written statement. What is laid down under Rule 6-A(1) is that a counter-claim can be filed, provided the cause of action had accrued to the defendant before the defendant had delivered his defence or before the time limited for delivering his defence has expired, whether such counter-claim is in the nature of a claim for damages or not. The High court, in our opinion, has misread and misunderstood the provision of Rule 6-A(1) in holding that as the appellants had filed the counter-claim after the filing of the written statement, the counter-claim was not maintainable. The finding of the High court does not get any support from Rule 6-A( 1) of the Code of Civil Procedure. As the cause of action for the counter-claim had arisen before the filing of the written statement, the counter-claim was, therefore, quite maintainable. Under Article 113 of the Limitation Act, 1963, the period of limitation of three years from the date the right to sue accrues, has been provided for any suit for which no period of limitation is provided elsewhere in the Schedule. It is not disputed that a counter-claim, which is treated as a suit under S. 3(2)(b) of the Limitation Act has been filed by the appellants within three years from the date of accrual to them of the right to sue. The learned District Judge and the High court were wrong in dismissing the counter-claim. 

(2)  Shanti Rani Das Dewanjee vs Dineshchandra Day decided on 18.09.97 vide citations:- 1997 (8) SCC 174 : 1997 (8) JT 228 : 1997 (8) Supreme 374 : 1997 Legal Eagle 1193

 

Extract :-

 

“(2) IN our view, the impugned decision does not warrant interference. Such question was specifically raised before this court in Mahendra Kumar v. State of M.P. It has been held by this court that right to file a counter claim under Order VIII Rule 6-A of the Code of Civil Procedure is referable to the date of accrual of the cause of action. If the cause of action had arisen before or after the filing of the suit, and such cause of action continued up to the date of filing written statement or extended date of filing written statement, such counter-claim can be filed even after filing the written statement. The said Civil Case No. 248 of 1982, in which the application under Order VIII Rule 6-A has been filed by the defendant-respondents was instituted on 15/7/1982 and the application under Order VIII Rule 6-A was presented on 22/6/1985. It cannot be held that the cause of action for the suit or counter-claim was ex facie barred by limitation under the Limitation Act. It has been sought to be contended by the learned counsel for the appellant that in the instant case, the cause of action had arisen long before the institution of the said Civil Case No. 248 of 1982 and, therefore, the suit and counter-claim were barred under the Limitation Act. Such question was not raised before the court below and, therefore, had not been gone into. It is therefore, not necessary for this court to decide the same because the question of limitation regarding the suit if raised will be decided after ascertaining the date of accrual of the cause of action on the basis of relevant materials to be placed on record. We are therefore, not expressing any opinion on the said contention sought to be raised by the learned counsel for the appellant, for the first time before this court. As the application under Order VIII Rule 6-A is not ex facie barred the impugned order cannot be held to be incorrect on the grounds urged before the court below. We therefore find no reason to interfere with the impugned order. This appeal, therefore, fails and is dismissed without any order as to costs.”

 

(2) Mortgage Loans cannot be decided by Arbitrators – Supreme Court Judgment 


 

Following is the extract from our web page vide link

http://www.drtsolutions.com/drt_DRT.htm


 

Recently Supreme Court of India has ruled that Mortgage Loans can not be dealt with by the Arbitrators. The details will be furnished in the future weekly mail. This ruling will have far reaching consequences.

 

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DRT Solutions Weekly Mail – 234th  Issue dated 2nd  November ‘12

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(1) Hurried Publication by Banks for Auction of Secured Assets 


 

Following is the extract from our web page vide link

http://www.drtsolutions.com/securitisation_securitization_SARFAESI_SA_Act.htm


 

In many cases it is observed that the Banks are jumping for auctioning of the assets by hurried publication in news papers. They are not bothered even to wait for outcome of the adjudication by the DRTs. In three cases, our clients submitted before the banks that since the SAs are pending and in the said SAs, the borrowers have put up their claim for loss and damages due to the wrong doings committed by the banks. Further since the said loss and damages were much more than the claim of the banks and hence there was ‘No Debt Due’ Since the banks did not pay any heed to such submissions by the borrowers, the borrowers prepared their counter advertisements in the news papers highlighting the wrong doings by the banks as well as the ‘No Debt Due’ situation. When such publications were read by the intending purchasers, they preferred to abstain from such hurried auction fearing that the purchase of such properties will result in long drawn litigations. Thus the entire exercise by the banks became fruitless.
 

(2) DRTs are at Cross Roads 

Following is the extract from our web page vide link

http://www.drtsolutions.com/drt_DRT.htm


 

The objectives and roles of the DRTs have become questionable. The relevant aspects are as under:-

(a)   The DRTs were evolved and constituted based on recommendations of Tiwari Committee set up by RBI at the instance of the Central Govt. The said committee in its recommendations published by the RBI in 1984 laid down that the DRTs should be manned (i.e. the Advocates and Judges in DRTs) by persons having expertise in banking, industry and finance. Till date the said important recommendation has not been implemented by the government. As a result the pleadings, adjudications and judgments are greatly suffering due to lack of knowledge of banking, industry and finance by the DRT Advocates and DRT Judges. They are mostly working to recover alleged dues of the bank by hook or crook even ignoring the fundamentals of trial. 

(b)   The Supreme Court in the matter of Mardia Chemicals in 2004 laid down that the SA is in lieu of a civil suit and borrowers cannot be left remediless. Since then the SAs are being prepared similar to civil suits.

(c)   The Supreme Court in the matter of Grapco Industires Ltd in 1999 laid down that the DRTs even can travel beyond the scope of CPC for the purpose of natural justice. This greatly widened the scope of adjudication. It is more so due to bar of civil court prescribed in Sec 34 of the SARFAESI Act.

(d)   The above provisions helped in including in the SAs the loss and damages caused due to wrong doings of the banks in pursuance of the law of torts and law of damages.

(e)   The Supreme Court has restricted the interference by the High Courts and laid down that DRTs alone should first judicially determine the facts.

(f)    The resultant scenario has greatly enhanced the scope and wide coverage of DRT litigations and progressively it is becoming highly complex.

(g)   The continuance of DRTs under Ministry of Finance in place of Ministry of Law despite 15 years old Supreme Court directive is making the whole DRT setup and working highly biased in favour of banks. Further provisions like compulsory deposit of 25% in appeal to DRAT in the matter of SAs have forced the borrower to accord maximum focus to DRT as virtually there is no appeal. Hence the DRT litigations will tend to become much more complex and complicated.

(h)   Similar situation happened about 30 years back when the Industrial Tribunals had to be closed down due to ever increasing complexities.    

(i)    As a whole, no one can ignore our Constitution which promises and ensures Justice to all. Any short cut or summary action will give ample scope to the sufferer to go for further legal remedies like reviews and appeals which itself will take long time to decide.

(j)    We are not learning from the experience of Tribunals in UK. The tribunals were first formed there in 1800. The litigations became progressively complicated. It took 157 years to find out workable solution based on Sir Frank Committee report.

(k)   In conclusion, the DRT litigations can not be viewed only from legal angle. It is not a simple money recovery. The government policies and RBI Guidelines have numerous protections by way of revival, rehabilitations and restructurings which the banks are duty bound to obey before coming to DRTs which they are not doing and hence such lapses are boomeranging on them only. The banks are disillusioned. Their dreams of getting quick recoveries have not come true as they unable to  become Pathans or Vasool Rajas. 

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DRT Solutions Weekly Mail – 233rd Issue dated 26thOctober ‘12

 

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(1) Transfer of DRTs from Ministry of Finance to Ministry of Law 

Following is the extract from our web page vide link

http://www.drtsolutions.com/drt_DRT.htm

Dr. Suresh, Founder, Borrowers’ Rights Forum and one of our clients have sought information under RTI Act from Ministry of Finance. Highlights of the reply received are as under:-

(a)   The first meeting of the  Inter Ministerial Group (IMG) was held on 13.09.12. The minutes of the meeting shows that various ministries are at very initial stage to implement the decisions of the Supreme Court of 1997 and 2010. There is no consensus among them.

(b)   Govt deptts do not initiate any contempt  proceedings.

(c)   Ministry of Law is taking necessary actions to implement the decision of the Supreme Court of India.

(d)   If the orders passed by the DRTs are unconstitutional and illegal, concerned parties should file appeal against those orders.

Our Comments

(a)   As a whole, the ministries are not at all serious about the decision of the Supreme Court passed in 1997, ie 15 years back.

(b)   The bank lobby got the DRT Act and Securitisation Act enacted as per their requirements. They avoided enactment of ‘Lenders’ Liability Act’

(c)   The said bank lobby is appointing and posting bank officials as the POs and Recovery Officers in the DRTs. They are holding regular meetings with the said DRT Officials. They will not allow transfer of DRTs from Ministry of Finance to Ministry of Law. They have the audacity to ignore the Supreme Court verdict past 15 years. Thus there is clearcut bias in favour of banks.

(d)   In view of above, there is no option but to include the above in the pleadings, implead the Ministry of Finance and Ministry of Law, implead the Chairman of the bank, plead counter-claim and use all legal tools like Reviews at every stage of trials.

(2) Kingfisher Airlines Scandal in Bank Financing – Writeoff of huge Bank Loans of Rs. 6000 crores   

Following is the extract from our web page vide link

http://www.drtsolutions.com/drt_DRT.htm

 

There is talk about write off of huge bank loans of Rs. 6000 croes vide news item in the Economic Times dated 24.10.12, page 1 title ‘Banks may’ve to Write Off KFA Loans’ Our comments are as under:-

(a)   Write off of huge amount of Rs 6000 crores just can not be done. This money belongs to the public i.e. the depositors. The depositors must file PIL in the Supreme Court for fixing responsibilities on the Chairmen and Directors of the concerned banks. Even RBI officials, Ministers and political parties may be involved.

(b)   The banks first make out all efforts for revival, rehabilitation and restructuring of KFA before such a write off.

(c)   Scheme must be made as to how the depositors will be compensated out of the reserves and future earnings of the banks.

(d)   Why KFA and Vijay Mallya are not  being  treated just like other borrowers. They must be declared ‘Wilful Defaulter’, assets of their other businesses should be seized and sold. If you can not do with them, they such benefits must be extended to other borrowers.

(e)   When the banks can write off such a huge amounts of Rs. 6000 crores, why loans of small borrowers and farmers who are committing suicides can not be written off.

(f)    This particular case should be included in the pleadings and arguments of the bank borrowers.

 

(2) Nutritious Diet & Our Own Recipe   

Following is the extract from our web page vide link

http://www.drtsolutions.com/new_page_9.htm

 

It is well known that cooking destroys the micro elements in the food prepared in our homes. The requirement of the body are as under:-

(a)   The food should be in the natural form i.e. raw i.e. raw vegetables and sprouted grains. There should be maximum possible varieties but quantity of each should be small. Apple can be regarded as vegetable.

(b)   Vegetables and Fruits should not be taken together as the enzymes for digestion are different.

(c)   There should be minimum gap of 4 hours between the diets containing vegetables and grains.

(d)   Milk should be taken alone with 2 hour gap from other eatables.

(e)   Fruits can be taken with gap of 1 hour.

(f)    With above restrictions and prescriptions, we prepared our own recipe. We took small quantities of fresh 4 or 5 vegetalbes, cut into pieces, add apple, garlic, honey and other items for taste and flavor and put all these in a mixer grinder. The paste is just like Chatney. This can be taken as  a meal or combined with a meal with above timings.

(g)   Such diet provides all vitamins and food elements in most natural form and is highly nutritious.

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DRT Solutions Weekly Mail – 232nd Issue dated 19thOctober ‘12

All Weekly mails right from 1st Issue to latest, click links on top of this page


 

(1) Counter-claim is the only Total Defence for Borrowers in DRTs – Fundamentals & Foundation  

Following is the extract from our web page vide link

http://www.drtsolutions.com/drt_DRT.htm


 

Despite our repeated emphasis since 2001, the borrowers and or their advocates are not filing counter-claim or loss and damages against the wrong doings of the banks. Our views and suggestions are as under:-

(a)   In our democratic setup, based on the desires of the public, the Parliament frames  policies relating to banking, industry and finance and the same are conveyed to RBI. The RBI prepares the same in form of RBI Guidelines and the same are conveyed to the Chairman of every bank.

(b)   The Chairman of every bank is duty bound to convey the said RBI Guidelines in form of Branch Circulars to all the officers of his bank to ensure compliance in all respect. Thus this is how the desires of the public are intended to be complied with by all the banks.

(c)   On account of above, all along we have been emphasizing to implead the Chairman of the bank in all the pleadings.

(d)   In actual cases, it is found that the said RBI Guidelines are openly violated at every stage right from the stage of sanction amounting to wrong doings.

(e)   As per the law of torts, the borrowers are entitled for compensation for the said wrong doings. The said compensation is called counter-claim or claim for loss and damages.

(f)    In almost all the cases, the said compensation is found to be much more than the alleged claim of the bank resulting into ‘No Debt Due’

(g)   Under the situation of ‘No Debt Due’, no recovery can be made till the actual dues are determined by the process of adjudication. The borrower is entitled for complete justice using established law and procedure of law. The trial in DRT is first and last. Thorough and perfect trial will take time.

(h)   If no counter-claim is filed, the wrong doings of the bank will never come to light, justice for the borrower will never be achieved and the alleged claim of the bank will be easily decreed.

(i)    The pleadings of the counter-claim be prepared by a person having knowledge of banking, industry, finance, law of torts, law of damages, law of evidence and all the relevant procedural laws.

(j)    Past 23 years, we have observed that wherever perfect counter-claim has been pleaded, the bankers themselves run after the borrower to settle the matter or the banks have lost the case. In some cases, the settlements have been even as low as 5%.

(k)   On the various aspects of the counter-claim, we have covered this topic in our several weekly mails apart from sufficient space devoted in our web site. Whenever our clients need any clarification or elaboration, we provide to them.


 

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DRT Solutions Weekly Mail – 231st Issue dated 12th October ‘12

 

All Weekly mails right from 1st Issue to latest, click links on top of this page

(1) Misconceptions of DRT Advocates

Following is the extract from our web page vide link

http://www.drtsolutions.com/drt_DRT.htm

Recently one of our clients asked his advocate to interact with us over phone. We found the following misconceptions:-

(a)   Misconception :- Past 3 years, several applications were rejected and hence no more application can be made.

Our Reply:- There is no limit for making applications. Even after 99 rejected applications, 100th application can be made provided it is essential to get justice.

(b)   Misconception :- At such late stage, there is no scope for making counter-claim.

Our Reply:- Counter-claim can be made at any stage. We have even made a counter damage suit even after 21 years. Since the nature of damages is based on continuing cause of action, there is no limitation for making claim for such damages.

(c)   Misconception:- The judge will reject such counter-claim.

Our Reply:- The DRT Judge has no such power to reject the counter-claim out rightly. He being a trial judge has to follow the law and the procedure of law and has to give his order in writing. When an amendment application is made to incorporate the loss and damages or counter-claim application is filed, the judge has to give the same to the opposite party. After receiving the reply, the matter is to be argued upon and then the order Is to be issued whether the said claim can be incorporated. As per several verdict of the Supreme Court the amendment applications have to be liberally allowed in the interest of justice.

(d)    Misconception:- The DRT Judges are in favour of banks.

Our Reply:- This view emanates when we are not having adequate knowledge of banking, industry and finance. If the person having such knowledge makes the pleadings, it is the bank which has to reply to such pleadings and the DRT judge does not come into picture. We drew attention to the case of 4 banks which lost a recovery case of Rs. 90 crores in DRT Mumbai. The entire judgment is reproduced in our web site vide link

(e)   Misconception:- The case is fixed up for final orders, the judge will not allow any further date.

Our Reply:- In court craft, there are several methods and tools by which one may obtain further date depending on the facts and circumstances of a case. We described some of such methods.

Conclusion:- We reiterated the following facts:-

(i)            The DRT is a trial court. When all the facts relating to banking, industry and finance in respect of the case has been pleaded thoroughly and perfectly, trial has to be conducted as per law and the procedure of law.

(ii)           The bank litigations are based on documents. All the documents are in power and possession of the bank. It is only when all the relevant documents have been inspected and certified copies have been obtained and the pleadings have been amended to incorporate the impact of the said documents, one can expect to win any bank case.

(iii)         To achieve a fair and complete trial is a constitutional right in a democratic setup like ours.

(iv)          The defence of borrowers and guarantors will never be complete without putting forth counter-claim in money value.

(v)           We invited the said advocate to visit us and have thorough interactions to clear the above misconceptions.

 

(2) Hindi Movie – OMG – Oh My God – Damages filed against God – Court battle fought by litigant himself

Following is the extract from our web page vide link

http://www.drtsolutions.com/new_page_9.htm

One of our clients informed that the above mentioned Hindi movie is interesting comedy wherein damages are filed against God and the court battle is filed by the litigant himself. The reviews in internet also praise the movie.

    

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,

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

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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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