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
Phones (India) - Mobile - +91-9691103689, Off. & Res. +91-731-4049358
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Weekly Mails - 1-10 11-20 21-30 31-40 41-50 51-60 61-70 71-80 81-90 91-100 101-110 111-120 121-130 131-140 141-150 151-160 161-170 171-180 181-190 191-200 201-210 211-220 221-230 231-240 241-250 251-260 261-270 271-280 281-290 291-300 301-310 311-320 321-330 331-340 341-350 351-360 361-370 371-380 381-390 391-400 401-410 411-Latest
(2) DRT PO changes his stand after the writ is filed against him in High Court
One of our clients from Mumbai informed that the PO Madurai disregarded giving any decision on pending interim applications as well as appeal pending in DRAT Chennai. The said PO made use of a very old ex-parte order to quash certain proceedings and created all pressures to undertake final arguments. Since such approach of the said PO were against the Principles of Natural Justice, the said client and his advocated filed a writ in High Court.
Surprisingly the behaviour of the said PO changed completely. He informed the client that he would dispose off the pending applications first and also pay attention to all the pending matters
DRT Solutions Weekly Mail – 48th Issue dated 10th April ’09
DRT Solutions Weekly Mail – 46th Issue dated 27th March ’09
(1) Filing of Counter-claim after filing of WS – not barred
One of our clients from Bhubneshwar is preparing to file counter-claim at a late stage. Objection has been raised that since the WS has been filed long back, the counter-claim can not be filed in view of the Sec. 19(8) of the DRT Act 1993.
We have found in several cases in past also, such objections have been raised. The confusion arises due to improper interpretation of the relevant provision in the said Sec. 19(8) of the DRT Act
DRT Solutions Weekly Mail – 42nd Issue dated 27th Feb. ’09
(1) ‘Video Arguments in Judicial Proceedings’ – Special Address delivered in All India Conference of CAs on 22.02.09 at Indore
Mr. Ram Kishan delivered a special address on ‘Video Arguments in Judicial Proceedings’ on 22.02.09 in Dhirubhai Ambani Auditorium. Daly College, Indore during the 4th Technical Session of the National Conference of the CAs. A background paper was already published on our web site vide link http://www.drtsolutions.com/courtech.htm The ‘Present Method of Oral Arguments’, its deficiencies vis a vis ‘Proposed Method of Video Arguments’ were explained along with extract from an actual case. It was entirely a new concept to the large gathering of CAs. Mr. R. Bupathy, Chairman of the Session and Past President, ICAI, Chennai himself appreciated, took keen interest and desired to spend exclusive time. The entire address was video recorded and a DVD will be available in due course of time.
(2) Cross-examination of Bank Officials:-
We have received several queries regarding cross-examination of the bank officials. Our views are as under:-
(a) As per provisions under Sec. 22 of the DRT Act, the bank officials can be examined.
(b) In some cases when DRT PO has declined cross-examination, the High Courts in appeal have ordered to conduct cross-examination in accordance with the principles of natural justice as well as the provisions u/Sec 22 of the DRT Act.
(c) The stage for the cross-examination is reached only after all efforts have been made to discover the facts contained in the documents and the bank officials have declined to provide the required documents.
(d) The sole purpose of the cross-examination of the bank officials is to obtain their admissions for the wrong doings committed by them.
(e) The person conducting cross-examination should have mastery of facts and mastery of law relating to banking, industry, finance, evidence, contract, torts and damages. The principle of direct and best evidence is to be kept always in view.
(f) We have advocates as well as retired bank officials who have been specifically trained to conduct cross-examination of the bank officials.
(g) In bank litigation, the cross-examination of the bank officials is one of the most important tools to extract facts and admissions from the said bank officials.
(3) Damage Suit and or Counter-claim in Bank Litigations:-
We continue to receive several queries on this important subject. Our views are as under:-
(a) If the bank has filed an OA (Original Application) u/s 19 of the DRT Act and stage has been reached to file WS. Under such situation, the Counter-claim must be filed along with the WS. It is needless to mention that pleadings in the said Counter-claim has to be quite exhaustive as in a civil suit for damages. All the facts relating to project report, financial application, sanction, correspondence, balance sheets, all categories of loss and damages etc. must be pleaded along with the documents. It is needless to mention that the person drafting the said counter-claim should have mastery of facts and mastery of law relating to banking, industry, finance, torts and damages.
(b) We have seen that in many cases, the pleadings of the counter-claim are contained only in few paragraphs whereas the pleadings in properly drafted counter-claims run in 80 to 150 pages excluding the documents.
(c) In some cases, the counter-claim has not been set up the decree has been passed by the DRT and the borrower is at the stage of appeal. The said borrower must file his damage suit in the civil court.
(d) After passing of the decree by the DRT, if there is any possibility of retrial, counter-claim may be filed in DRT before restart of the trial.
(e) In almost all the cases, we have found that the amount of counter-claim or damages are much more than the claim of the bank and hence there is no debt due. Hence till the damage suit or the counter-claim is decided, no recovery action can be initiated.
(f) The loss and damages suffered are continuing in nature and hence there is no limitation. Hence the damage suit or counter-claim can be filed at any time.
(g) If the pleadings of the said damage suit or counter-claim are prepared thoroughly and are contested properly, it will be nearly impossible for any bank to recover their alleged claim which is always much less than the damage suit or the counter-claim of the borrowers. Ultimately, the banks will have no option but to settle the matter if the borrower agrees and the settled amount has been seen ranging from 3% to 20% in respect of many of our clients.
DRT Solutions Weekly Mail – 41st Issue dated 20th Feb. ’09
(1) Update on Gujrat High Court Kotak Mahindra Judgment holding debt assignment or its substitution illegal:-
In continuation of above matter reported in news item in 37th issue of weekly mail, the ICICI Bank has filed a SLP No 2240/2009 in the Supreme Court along with several SLPs. The petition was called on hearing on 16.02.09. It was ordered that if these SLPs are dismissed, the assignor banks and the assignee banks will have to reverse the transactions which they enter into during the interim period to be stipulated by the Supreme Court at the final hearing which will be held on 16.04.09.. Such order was passed to ensure that the secured debts do not go unrepresented. Further the SC directed that any disbursement to secured creditors shall, where the debt stands assigned, be made to the assignees. This order will not be construed as an acceptance of the assignments pending the present Special Leave Petitions.
(2) Query on provision of Counter-claim in Securitisation Act:-
With reference to the item no 2 In the last issue of the weekly mail, one of the mail recipients has raised a query reproduced below:-
I wonder why a field expert like you you have
changed from your earlier learned stand that a Securitisation Application is in
lieu of a civil suit and damages can be claimed in an SA.
There is no change in our stand. It is a question of strategy based on convenience due to existing legal provisions. Looking back to the history, the well defined provision of counter-claim in CPC 1908 was incorporated in 1976. Similarly it was done so in DRT Act 1993 in 2000. Such well defined amendment in Securitisation Act is still awaited. These do not mean that there were no counter-claims in civil courts prior to 1976 or in DRTs prior to 2000. They were there but one has to justify on the basis of fundamentals of law. Same thing will have to be done in the arena of Securitisation Act till there is well defined amendment. That is why our first approach is to explore possibility of filing counter-claim if there is any existing OA under DRT Act or there is any possibility of the same. If such situation does not exit, then there is no option but to file the damage claim in the appeal (i.e. civil suit) under section 17 of the Securitisation Act. That is why initially we mention in the said appeal about the loss and damages reserving our rights to file such claim in due course of time.
(3) Strategy for Borrowers’ litigation in DRTs :-
Several borrowers have been discussing with us about their strategy in DRT litigations. The following analysis will have a practical utility:-
(1) The Indian courts are heavily overloaded. Recently on 16th Feb 2009, it was reported in a news item that in Delhi High Court, a bench is disposing about 13,800 cases in a year. While making a comparison, it was informed that similar bench in UK disposes only 150 cases in a year. This means that our courts are overburdened nearly 90 times. If the aspects of management and technology is also considered, our courts are much more overloaded even beyond 90 times.
(2) The above is a stark reality which no one can shut his eyes. The result is that the trials in almost all the cases will be defective. That is why we have been emphasizing importance of review in almost all the interim orders. If these initial defects are not corrected at the trial stage, the Higher Courts will not be able to do anything.
(3) The civil suits in UK are decided in about one year. This means if thorough work is done in our courts, the suits will take 90 years. That is why we have been concluding that a thorough trial in DRTs will take 10 to 20 years.
(4) In view of above, we have been emphasizing our clients that they have to organize their litigation of counter-claim on thorough basis. Since the litigation is going to last for more than 10 to 20 years, the borrower must concentrate earning of wealth.
(5) Under the above facts and circumstances, since in almost all the cases, the counter-claim being much more than the claim of the lenders, there is no debt due and hence the recovery action as per law can not take place for the said period of 10 to 20 years, it would be worthwhile concentrating on earning. This will also create a strength for better litigation as well as settlement if any. All this is possible if one has prepared a thorough counter-claim followed by thorough fight on every date. That is why we have been emphasizing that the Counter-claim is the ultimate and the only defence for the Borrowers in DRTs.
DRT Legal Solutions
Attorneys at Law of Torts, Injury and IPR Claims
Home│Contents│Products & Services│Frequently Asked Questions│Useful Article-Borrowers│Useful Article-Guarantors│RBI Guidelines│Notes-Law of Torts│Notes-Damages│MiniArticles-Letters to Editor│Useful Interactions with Clients & Visitors│Securitisation Act-Comments│About Us-DRT Solutions│Useful Tips for DRT Advocates|| 138 NI Act Cheque Dishonour Cognizance Acquittal | NCLT, National Company Law Tribunal, BIFR, SICA | Video Interview - BS Malik, Sr. Supreme Court Advocate│Legal Forum of India│Success & Results of Our Guidance│DRT Orders in favour of Borrowers & Guarantors│NPA, Debt due, Rehabilitation of Sick SME Industries│Our Replies to Queries on Current DRT Matters, Court Decisions etc.│Measure of damages & Calculations under Torts & Contracts│Video Interview - GC Garg, Ex-Senior Bank Official│Solar Healing, Yoga, Projector, Rebirth etc.│Swami Ramdev, Yoga Guru, Cure for All Diseases, Medical Science Revolution│Court Technologies IT Presentation Video Arguments│Archive│DRT Solutions Weekly Mail for Borrowers & Guarantors │ All India DRT Conference 2011 at Indore│Article by Ram Kishan on Management & Technology in Indian Judiciary│SARFAESI Securitisation Securitization Actar SA NPA│DRT Judgments Favourable / Useful to Borrowers
Contact Information :- Phones (India):- Mobile- +91-969-1103689, Off. & Res. +91-731-4049358,
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.com, www.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.
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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