All India Conference at Indore

Focus Areas - Director's Personal Guarantee, Securitisation, DRT, Court Craft - Management & Technology

(1) There is all round appreciation of the conference. We have received such mails from (1) Mr. Manoj Harit, Malegaon; (2) Mr. Nandkumar, Mumbai; (3) Mr. Narasimahn, Chennnai; (4) Mr. Sundararajan, Madurai; (5) Mr. Pravir Dugar, Mumbai, (6) Mr.Firoz Poonawalla, Pune; (7) Mr. Sanjay Baweja, Mumbai and (8) Mr. R.P. Agarwal, Allahabad; (9) Mr. T.R. Radhakrishnan Iyer, Indore; (10) Arun Murugan, Madurai; (11) Ambrish Tiwari, Indore; (12) Mr. Shishir Jhunjhunwala, Nagpur; (13) Mr. Yashpal Rathore, Indore; (14) Mr. Haresh Gandhi, Mumbai; (15) Mr. Shishir Gupta, Indore and Mr. Devashayam, Chennai. The complete text of their mails is available at the link http://www.drtsolutions.com/feedback-mails.htm

(2) Daily update mails have been stopped. Instead weekly mails are being issued.

(3) The entire Conference was video graphed and the video spanned in 5 DVDs. The contents of the said DVDs have been edited and index is being finalized.

(1) The participants are requested to mail their opinions about the conference. There was all round appreciation and praise for the arrangements, contents and presentation of the 4 lectures presented by the team members of DRT Legal Solutions, Indore i.e. Mr. B.K. Dubey, Advocate, Mr. N.K. Sharma, Dy. G.M. (Law), Mr. R.K. Shukla, Advocate and Mr. Ram Kishan, himself as well as that from Mr. BS Malik. Perhaps this is for the first time in any conference that all the keynote speakers used PowerPoint presentation. The said PowerPoint presentation used the same banner. For time stamping, two clocks were employed one on the podium i.e. with speaker and another on the Screen of the projector. Nearly 10 hours of video recording was done by using two video cameras by the Creative TV Links Pvt. Ltd., Indore. LCD Projector from Pacific Systems and spot lights from Akash videos. The venue i.e. Topaz Hall of Sayaji Hotels was fully air-conditioned. The participants enjoyed their lunch and dinner in fully air-conditioned environment. The conference material running in 85 pages included copies of 3 valuable background papers i.e. relating to Personal Guarantee, Securitisation Act and Court-craft. All efforts were made to ensure adequate personal care of the participants coming from far off places such as Madurai, Bangalore and Chandigarh as well as those from Mumbai, Raipur, Malegaon, Pune, Ahmednagar, Dewas and Indore. The gathering comprised of Industrialists, Businessmen, Advocates, CAs, Bankers and Consultants.

(2) The contents of above mentioned video recording is under editing. The DVDs will be sent to the participants in due course of time.

(3) The participants from Bangalore and Mumbai called on Mr. Ram Kishan, discussed their problems and appreciated such successful conference.

(4) Mr. B. S. Malik, Advocate and Mr. Ram Kishan called on Mr. B.C. Jain, Advocate, a legal luminary and spent nearly 3 hours with him.

(5) We express our thanks for compliments from Mr. Sanjay Baweja, Mumbai/Indore, Mr. Rajendra Seth, Mumbai, Mr. Narasimhan, Chennai and others.

(1) All the participants from various cities of the country assembled at 9 AM.

(2) Soon after the breakfast, the session commenced at 9:30 AM with talk by Mr. Ram Kishan on the important topic of 'Court Craft - Review, Discovery of Facts, Trial, Technology & Health with most effective PowerPoint Presentation. The first part was from 9:30 AM to 11 AM and then from 11:15 AM to 1 PM. All the important aspects were covered in detail with citations and commentary which was quite valuable and useful to the defendants and their advocates. During the said session lasting about 4 hours the participants were totally engrossed and glued to their seats as all the questions raised during the mail exchanges were fully answered. When specifically asked, there was no question. The gist of the deliberation by Mr. Ram Kishan is as under:-

Trial :- The DRT being a trial court intending to award Justice needs proper attention in respect of application of law and procedure of law well established through CPC and the essential attributes of trial in the law laid down by the Supreme Court of India in the matter of Swaranlata vs Harendra Kumar vide citation AIR 1969 SC 1167. But he highlighted the need for proper pleadings which the foundation to succeed in any trial of a case.

Discovery of Facts :- Mr. Ram Kishan dwelt at length on the subject of extraction of material documents in possession of bank by use of machinery of discovery, inspection and right of the borrower to get certified copies under Order 11 of the CPC without which it is futile to proceed further in the trial. It is essential to curb the wrong and imposing tendency in the courts/DRTs to compell the borrower to argue the case which would be premature and suicidal for the borrowers who will never be able to prove the wrong doings of the lender banks and FIs.

Review, :- Mr. Ram Kishan warned of arrogant attitude towards proceedings of a few Presiding Officers passing routine orders in a casual fashion without considering any evidence or the important questions relevant for the determination of the actual and legal aspects of the case raised by the borrower's counsel . This attitude of summary disposal seems to be a normal reaction of some of the overburdened judges in a hurry to dispose of maximum number of cases in a day. But this tendency results in perpetuation of injustice and in addition achieving reverse effect of multiplicity of corrective actions against the wrong orders by resorting to appeals and revisions etc. Mr. Ram Kishan exhorted the borrowers to fight this illegality with the potent and effective weapon of Review under CPC 1908, Sec. 114 read with Order 47. Numerous judgments of the Supreme Court explaining the concepts of review and its utility in the courts. An exclusive PowerPoint presentation on Review was displayed.

Technology :- Mr. Ram Kishan felt the urgent need of adoption of modern technology in trial courts which are still functioning la bullock cart era whereas the developed countries have been continuously inducting and developing court technologies since 1970.

Health :- The above can only be achieved by paying serious attention to health.

(2) The afternoon session started at 2 PM after lunch. Mr. B.S. Malik, Advocate, in his learned discourse with PowerPoint presentation explained the constitutional and legal aspects of Industrial Policy of Govt of India, the mandatory nature of RBI Guidelines in promotion, development and duties and responsibilities of lender banks and financial institutions and their compulsory roles in providing timely finance in the form of term loans and needbased, adequate and timely working capital for running the industry and their duty to sanction the 100% need of working capital based on the full capacity of the plant in addition to provision for extra 10% for unforeseen contingencies. He explained the legal duty and responsibility of timely detecting and taking quick measures for arresting incipient sickness. He also explained in clear terms that it is an offence to compell the promoters to make the shortfall. The offences which the lenders commit in defiance of laws in detail and their remedies were also explained.

(3) Mr. Radhakrishnan, Indore explained some of the tips and tricks to handle the bankers effectively in his humorous in his inimitable style.

(4) Mr. R.K. Shukla, Advocate, Indore explained the need of the essential ingredients for filing criminal complaints against the inefficient, negligent bankers resorting to red-tape and committing criminal offences.

(5) Mr. S.K. Gupta, Indore appreciated the work being done by Mr. Ram Kishan and his team and requested the participants to forward the mails to everyone among his circle so that the message is spread far and wide in the country.

(6) The conference took up question/answer session lasting for an hour in which every participants evinced active interest.

(8) The conference concluded with vote of thanks by Mr. B.K. Dube, Advocate, Indore and singing of Vande Matram by Richa Dubey, BK Dubey and Rashmi Bagadia.

(1) It was a hectic day. The persons who came all way long from Madurai called on us and also met Mr. BS Malik. There were several phone calls from the persons coming from Mumbai, Chandigarh, Bangalore, Raipur, Pune, Ahemednagar, Malegaon.

(2) All came to the venue in time. The gathering comprised of about 48 persons from all over the country. It included industrialists, businessmen, advocates, CAs, Consultants and a author of a book on DRT.

(3) The conference was inaugurated by Mr. B.S. Malik, Advocate, Supreme Court of India by lighting the lamp. Ms. Suhani Kothari presented Saraswati Vandna by a beautiful dance. In his welcome address, Mr. BS Malik in brief explained the content of the talks which were going to be delivered.

(4) Mr. N.K. Sharma, Dy. G.M. (Law) in PowerPoint presentation of the hottest topic of the day i.e. 'Director's Personal Guarantee - A Void Agreement' explained and elaborated the legal and practical aspects in simple words. He kept the audience spellbound.

(5) And after that Mr. B.K. Dubey, Advocate also in his learned discourse via PowerPoint presentation on the topic of 'Securitisation Act - Practical Aspects' dealt meticulously on every practical and legal aspect of the Securitisation Act - Problems posed by it and their effective solutions in a masterly manner.

(6) After a ten minutes break, Mr. Ram Kishan invited every participants to share their problems and ideas in a frank, free and friendly atmosphere. It was a brainstorming session touching numerous and variety of topics. Mr. R.K. Shukla, Advocate, an experienced advocate of 36 years highlighted the various actions and omissions of the bankers in their dealings with the borrowers amounting to committing serious criminal offences.

(7) But the most interesting aspect of the conference was the speech of Mr. Radhakrishnan, a banker known for his honesty and helpful attitude towards borrowers as well as credited with revival of several sick units. The audience enjoyed his spicy and often accompanied by wit often sent the serious conference into peals of lofter. But the tips which he gave were very useful and far reaching consequences.

(8) Almost every body participated with great enthusiasm question and answer session relating to their personal problems in a pleasant and homely atmosphere.

(10) The participants from Madurai called on Mr. Ram Kishan in the evening. They were highly pleased with the conference.

The program for the conference is proposed to be as under. The emphasis in all the sessions will be on practical aspects relevant to Borrowers and Guarantors

Legal Forum of India presents All India Conference
Indore, 3 - 4 May’08 hosted by drtsolutions.com

Focus Areas - Director's Personal Guarantee, Securitisation, DRT, Court Craft - Management & Technology

Saturday, the 3rd May '08, from 4 PM to 10:30 PM which will include Tea at 5 PM & 7:30 PM (outside the Hall) and Dinner (Buffet) inside the Hall at 9:30 PM

Welcome, Inauguration & Saraswati Vandana - Inaugural Address by Chief Guest Mr. BS Malik, Chandigarh, Advocate,

Keynote Speaker - Mr. B.K. Dubey, Advocate, Indore, Our Senior Attorney Associate.

Sunday, the 4th May '08, from 9 AM to 6 PM which will include breakfast at 9 AM, Tea/Coffee/Keri Ka Pana at 11.30 AM,

Lunch(at Old Portico, near to Main Reception of Hotel) from 1 PM to 2 PM and High Tea at 4:30 PM

Important Topics of the Day :- Court Craft - Review, Discovery of Facts, Trial, Technology & Health

Industrial Policy, RBI Guidelines & Supreme Court Judgment and Question/Answer session

Keynote Speaker - Mr. B.S. Malik, Advocate, Supreme Court of India, New Delhi/Chandigarh

(1) Several persons called on Mr. B.S. Malik and held brain-storming discussions with him.

(2) Several phone calls were received from different cities enquiring about the conference. Few even desired to come on the first day on basis of spot registration. The conference has been restricted only to the needy persons. It intends to provide practical solutions to the defendants in DRTs and Civil Courts in the matter of bank litigations.

(3) Those who arrive at Indore, may contact us to register their presence.

(4) We have received confirmation about attendance at the Conference from (1) Mr. G. Sundararajan, Madurai; (2) Mr. Arun Murugan, Madurai; (3) Mr.P.V.Prasanna Venkatesan, Madurai; (4) Mr.K.Mugundan, Madurai; (5) Mr.Vijay Ramalingam, Madurai; (6) Mr.S.S.T.Rajendran, Madurai; (7) Mr.Ravindran, Madurai; (8) Mr. Haresh Gandhi, Mumbai; (9) Mr. Nilesh Gandhi, Mumbai; (10) Mr. Prakash Rohra, Mumbai; (11) Mr. Wadhwa, Mumbai; (12) Mr. Pravir Dugar, Mumbai (13) Mr. Ravindra Londhe, Pune; (14) Jeetendra Shah, Bangalore; (15) Mr. George, Bangalore; (16) Mr. Rajendra Goyal, Indore; (17) Mr. T.R. Radhakrishnan, Indore; (18) Mr. Ravindra M. Agarwal, Hyderabad; (19) Mr. S.K. Gupta, Indore; (20) Mr. Shishir Gupta, Indore; (21) Mr. Nandkumar, Mumbai; (22) Mr. Manish Verma, Raipur; (23) Mr. R.B. Sharma, Raipur; (24) Mr. Manuel DSouza, Pune (25) Mr. Mahesh Kabra, Ahemdabad; (26) Mr. Manoj Agarwal, Mumbai; (27) Mr. Manoj Harit, Malegaon; (28) Mr. S.S. Hiray, Malegaon. This list does not include the speakers, members of the organizing committee and few invitees who have already consented.

(3) Google Analytics shows peak 701 Visits to this page from 46 Indian locations i.e. (1) Indore, (2) Mumbai, (3) Chennai, (4) New Delhi, (5) Bangalore, (6) Kandivli, (7) Pune, (8) Bhopal, (9) Delhi, (10) not set (11) Mahape, (12) Hyderabad-1, (13) Cochin, (14) Chandigarh, (15) Ahmedabad, (16) Erode, (17) Coimbatore, (18) Bhubneshwar, (19) Noida (20) Madurai, (21) Hyderabad-2, (22) Jamshedpur, (23) Nagpur, (24) Bharuch (25) Jaipur, (26) Guwahati, (27) Vadodara (28) Ludhiana, (29) Amritsar (30) Nellore (31) Goa, (32) Surat (33) Rajkot, (34) Vijayawada, (35) Lucknow, (36) Kanpur, (37) Patna, (38) Kozhikode, (39) Kolkata and (40) Ambala (41) Manglore, (42) Tanjavur (43) Raipur (44) Anand (45) Nanded (46) Ghaziabad along with peak visitors from 18 other countries i.e. 18 cities from USA, 5 from UK, 4 from Singapore, 2 UAE, 2 Ghana and 1 each from Bahrain, Japan, France, Canada, Kuwait, Greece, Bangladesh, Nigeria, Ivory Coast, Syria, Ecuador and Iran.

(1) Mr. B.S. Malik, Chandigarh has arrived at Indore and he is staying with Mr. Ram Kishan.

(2) We have received confirmation about attendance at the Conference from (1) Mr. B.S. Malik, Chandigarh; (2) Mr. G. Sundararajan, Madurai; (3) Mr. Arun Murugan, Madurai; (4) Mr.P.V.Prasanna Venkatesan, Madurai; (5) Mr.K.Mugundan, Madurai; (6) Mr.Vijay Ramalingam, Madurai; (7) Mr.S.S.T.Rajendran, Madurai; (8) Mr.Ravindran, Madurai; (9) Mr. Haresh Gandhi, Mumbai; (10) Mr. Nilesh Gandhi, Mumbai; (11) Mr. Prakash Rohra, Mumbai; (12) Mr. Wadhwa, Mumbai; (13) Mr. Pravir Dugar, Mumbai (14) Mr. Ravindra Londhe, Pune; (15) Jeetendra Shah, Bangalore; (16) Mr. George, Bangalore; (17) Mr. Rajendra Goyal, Indore; (18) Mr. T.R. Radhakrishnan, Indore; (19) Mr. Ravindra M. Agarwal, Hyderabad; (20) Mr. S.K. Gupta, Indore; (21) Mr. Shishir Gupta, Indore; (22) Mr. Nandkumar, Mumbai; (23) Mr. Manish Verma, Raipur; (24) Mr. R.B. Sharma, Raipur; (25) Mr. Manuel DSouza, Pune (26) Mr. Mahesh Kabra, Ahemdabad; (27) Mr. Manoj Agarwal, Mumbai; (28) Mr. Manoj Harit, Malegaon; (29) Mr. S.S. Hiray, Malegaon. This list does not include the speakers, members of the organizing committee and few invitees who have already consented.

(3) The Registration amount for this Conference is Rs. 2500/- per participant which may be remitted by local cheque in your city or cash in Bank If cash is being deposited, please inform the details through SMS or e-mail to link up the credit. As soon as cash or cheque credit appears in the account, we get immediate SMS from the bank and the party is informed by us by SMS and e-mail.

(1) The program has been slightly altered. The most important change is about the venue of lunch. It will be at Old Portico near to Reception of the Hotel.

(2) The Registration Table is just outside the Topaz Hall. For toilets when you come out the hall, you turn left and walk few steps.

(3) Mr. Nandkumar, Mumbai informed that despite winning the appeal in DRAT in the matter of guarantor, the bank was not releasing the deposit (which was made as a precondition for appeal) and instead, the bank has filed writ petition. Suitable reply will be sent to Mr. Nandkumar.

(4) Mr. Rajendra Seth, Mumbai desires to speak before the Conference for 15 minutes on the subject "Securitisation Company acting as Trustee under the Assignment Deed cannot take any action either under DRT or Securitisation Act" Mr. Haresh Gandhi, Mumbai will speak on the DRT Trials for 10 minutes. Mr. G. Sundararajan, Madurai will speak on DRT Litigation for 15 minutes.

(5) Mr. Firoz Poonawalla, Pune made certain queries about the Counter-claim and Damage suits. The queries were replied through mail. These matters will be covered during the deliberations in the conference.

(6) The Participants are requested to keep good discipline during the conference. All questions to the speakers will be in written slips sent to the speakers. Verbal questions will be highly restricted. On account of huge queries, we are finding shortage of time. The talks have been tailored according to the queries received by us so that more time will be given to the answers to the queries. Hence the participants are requested to study the articles and conference materials at their end.

(7) The entire session will be videorecorded. Digital clocks will be available on the PowerPoint Presentation as well as adjacent to the Speaker. On your topic of interest, please note the time on the said digital clocks. The said clocks will appear in the Video recordings so that you may reach the same easily or you may make your index for revision or discussions with your advocates and friends. This is perhaps being attempted to for the first time in any conference.

(9) All the remaining participants are requested to confirm about their attendance in the conference without further delay so that we may allot the 'Registration Nos' and make other arrangements.

(1) We have received confirmation about attendance at the Conference from (1) Mr. B.S. Malik, Chandigarh; (2) Ms. Jyoti Sareen, Chandigarh; (3) Madam Renu Bala Sharma, Chandigarh; (4) Mr. G. Sundararajan, Madurai; (5) to (9) Mr. Arun Murugan, Madurai along with 4 persons; (10) Mr. Haresh Gandhi, Mumbai; (11) Mr. Nilesh Gandhi, Mumbai; (12) Mr. Prakash Rohra, Mumbai; (13) Mr. Wadhwa, Mumbai; (14) Mr. Rajendra Seth, Mumbai, (15) Mr. Pravir Dugar, Mumbai (16) Mr. Ravindra Londhe, Pune; (17) Jeetendra Shah, Bangalore; (18) Mr. George, Bangalore; (19) Mr. Rajendra Goyal, Indore; (20) Mr. T.R. Radhakrishnan, Indore; (21) Mr. Ravindra Agrawal, Hyderabad;

(2) All other participants are requested to confirm about their arrival to Indore and attendance in the conference without further delay so as to enable us to allot 'Registration No' and making necessary other arrangements.

(3) Many of the participants are commencing their journey with effect from 1st May '08, some of them are coming by flight on 3rd May morning. As soon as the participant arrives, they are requested to contact us on phone so that we have the final confirmation about their attendance in the conference. The centralized information will also help others as well as completing other formalities.

(4) We have made all arrangements for videographing the entire event. If possible avoid wearing white shirts otherwise the face will be darkened. Also please avoid wearing clothes with horizontal stripes. Vertical stripes will have no problems. Apart from the main events/lectures, the interactions during lunch/dinner may be videorecorded. The DVDs will be sent to all the participants free of cost. We are making unique arrangements for indexing the contents of the said DVDs by way of time stamping. The participants at the time of event or the viewer of the said DVDs may note the time stamp which will be printed on each frame of the video which will give easy recall and search. An Index also will be provided. The DVDs will have gold mine of information for the participants, their advocates as well as to others connected with bank litigations particularly in DRTs, Securitisation Act, counter-claims and damage suits.

(5) We wish all the best and a happy journey to all the participants to Indore for the proposed Conference.

(1) The few participants from Bangalore, Chandigarh and Mumbai have indicated their time of arrival at Indore. They are being intimated their 'Registration Nos' which will facilitate their immediate issue of 'Kit for Conference' The remaining participants are requested to send their mails mails to intimate their time of arrival at Indore so that their 'Registration Nos' may be issued to them.

(1) We could obtain the full text of the two Supreme Court judgments relating to the article 'Director's Personal Guarantee - A Void Agreement' . Accordingly the said article was modified and updated by Mr. N.K. Sharma, its author with reference to the said Supreme Court judgments. The said judgments being (a) Karanataka SFC vs N. Narasimhaiah and (b) Sita Ram Gupta vs PNB. The modified article has now been published on our special web page Article on Personal Guarantee

(2) Mr. Devasahayam, Chennai enquired about the impact of the said Supreme Court judgments. He was informed about the above mentioned modification and updation. The said modified article has also been published now.

(3) The PowerPoint presentation on the above mentioned article has also been prepared by Mr. N.K. Sharma, author of the said article.

(4) The quality of the videography of any Conference by the local videographers has not been found satisfactory. We have decided to make special arrangements ourselves to obtain better quality of video as well as sound. In this respect the bluetooth microphone specifically imported by us has been found quite useful. Accordingly sample videography was carried out on the spot. The participants are requested to bring any sample CD of any Conference videos, if possible, to enable us to compare with our results.

(5) We express our sincere thanks and gratitude to Mrs. Bagadia, Ex-Director, Akashavani, Indore who gave us very useful tips and suggestions for the videography of the proposed conference.

(6) Reference is made to the news item at page 7 of 'Sunday Times' dated 27.04.08 with the title 'Can apex court proceedings be videorecorded?' In this connection it is submitted that we have developed complete method of 'Video Arguments' and presented the same before the 'District Judge. Indore' on 15.10.08 for first time in India vide link Court Technologies IT Presentation Video Arguments

(7) We received a call from a Hyderabad party expressing desire to attend the conference. Considering an aggrieved DRT Defendant, we permitted him to attend the conference. Such persons shall pay the registration charges in cash at the registration counter being situated just outside of the venue i.e. Topaz Hall of the Sayaji Hotel, Indore.

(1) Those who have paid the registration amount will be communicated a serial no. by mail and SMS, which they will have to quote at the time of the registration. On verification, the kit will be provided to such persons.

(2) Some participants have desired to make payment of registration fee in cash on 03.05.08. They may do so at 4PM at the Registration Counter situated just outside the Topaz Hall of the Sayaji Hotel, the venue. Such persons are requested to communicate us this mode of payment through mail immediately so that advance reservation is made for them. Please avoid embarrassment by not having advance reservation.

(3) The Sergeant-at-Arms - 2 persons will be available for maintaining discipline and rendering desired help.

(4) The Master of Ceremony will conduct the proceedings of the conference.

(1) The arrangements for the conference are nearly over. Still we are getting lot of queries to attend the conference. Now new admission to the conference will be limited to only very deserving attendees who are quite useful to the participants.

(2) The list of questions and suggestions will continue to be accepted till even a day before the conference. Even the participants are welcome to raise their questions during the conference. The whole aim is maximum possible satisfaction to the participants. However if the questions are sent in advance, much better preparations can be made to answer them with full examination by all concerned.

(3) Some of the participants have not yet sent their particulars and postal address and as a result the CDs/DVDs can not be sent to them.

(4) Those who have received the CDs/DVDs are requested to send their list of questions.

(5) Mr. Rajendra Goyal, Indore has been kind enough to provide us valuable tips and suggestions for the conference. He also handed over a copy of article 'Director as guarantor' published in Business Standard, Mumbai in its issue dated 23.04.08. Copy of the said article has been reproduced at the bottom of the article 'Director's Guarantee - A Void Agreement'' which may be readily reached by clicking the link Article on Personal Guarantee The mentioned Supreme Court judgment Karnataka State Financial Coporation vs N. Narasimhaiah supports our contention. We shall be in a better position to express our views fully only after getting the full text of the judgment.

(6) We express our gratitude to Dr. K.N. Billore, Past District Governor, Rotary International who provided us many valuable tips and suggestions for the conference.

(7) Mr. Sundararajan, Madurari, regarding our daily updates and mails has commented as under:-

(1) Mr. Rajendra Seth, Mumbai has sent list of judgments circulated by BankDrt asking for our comments.

Our Comments:- The summary prepared by BankDrt in the matter of Sita Ram Gupta vs Punjab National Bank is under examination and our comments will follow. Full text of the judgment is not available. We normally don't study the judgments as lot of our pleadings are being put before the trial courts for the first time and hence in some cases leading judgments will come out of them. That is why the existing and old judgments do not much help. We prefer to fight on basis of fundamentals of law rather than precedents which are not available in our line of thinking. Under these facts and circumstances, perfect trials are highly essential. An enlightened and empowered defendant along with his advocate achieving perfection on every date alone can bring desired results.

(2) Mr. B.S. Malik will be in Indore from 1st May '08 to 5th May '08. Those who want to meet him may fix up prior appointment.

(3) Based on guidance provided by us some of our clients like Mr. Sundararajan, Madurai have started preparing Review Petitions for their own case. This will be quite helpful to their advocates. Similarly Mr. Haresh Gandhi, Mumbai does lot of ground work. All these are bringing successful results in the court rooms.

(4) The queries on the daily mails are being considered by the keynote speakers and replies given. Such mail exchanges in respect of Mr. Haresh Gandhi, Mumbai, Mr. Feroz Poonawalla, Pune and Mr. Devasahayam, Chennai have been attended to. Accordingly the contents of the proposed deliberations in the conference are being continuously being modified.

(5) Our innovative approach by way of daily web site update and mail exchanges about two months in advance of the conference has been appreciated by one and all. Perhaps this would be for the first time in the history of conference management.

(6) Our efforts are in keeping in line with the desires expressed in the Chief Justices' Conference held on April 17-18 2008. We are rather much ahead in practical implementation.

(1) The participants who have received the CDs/DVDs are requested to view the same and send us their list of questions and suggestions.

(2) We have received the particulars and postal address from some more participants. Their CDs/DVDs will be dispatched on or before 25.04.08.

(3) The case study sent by Mr. Firoz Poonawalla was sent to the keynote speakers of the conference so that the general aspects of the said case are included in their articles and lectures prepared by them.

(5) Mr. Ram Kishan will be back to Indore from Sagar on 23.04.08. The application of technology of web based combined with mobile phone connectivity did not make any difference as to the place of physical presence. In fact on 20.04.08 Sunday as may be seen from the updates, we had several mail interactions resulting into web site updates as much as 4 times in a day. It is this interest being taken by the participants by way of pre-conference interactions makes this conference an unique event in the history of even conference management.

(1) Mr. Arun Murugan, Advocate, Madurai while acknowledging receipt of the CDs/ DVDs appreciated our efforts for the aggrieved borrowers all over the country.

Our comments:- Our efforts in this arena have been intensified looking to the violation of principles equity, justice and good conscience. The fight is just like between an young hungry sick child with a well fed wrestler. It is the only perfect pleadings, application of law and procedure of law on every date and strong advocacy with due empowerment of the said child can bring hopes to defeat the said wrestler. We also appreciate the efforts of Mr. Murugan who paid two visits to us, studied our approach, is fighting cases in DRT, DRAT and High Court with due support from his dynamic clients like Mr. Sundararajan of Madurai. Such team efforts alone are bringing success in the ongoing litigation in DRT Madurai. We intend to depute Mr. Murugan for the important arguments for our South India based clients.

(3) We are getting many queries to attend the conference. The conference has been restricted to only such persons and their advocates who are having banking cases of defence in DRT or Civil courts. We intend to limit the gathering to a modest one of nearly 50 persons so that there is enough time for meaningful interactions.

(4) Google Analytics shows 701 Visits to this page from 46 Indian locations i.e. (1) Indore, (2) Mumbai, (3) Chennai, (4) New Delhi, (5) Bangalore, (6) Kandivli, (7) Pune, (8) Bhopal, (9) Delhi, (10) not set (11) Mahape, (12) Hyderabad-1, (13) Cochin, (14) Chandigarh, (15) Ahmedabad, (16) Erode, (17) Coimbatore, (18) Bhubneshwar, (19) Noida (20) Madurai, (21) Hyderabad-2, (22) Jamshedpur, (23) Nagpur, (24) Bharuch (25) Jaipur, (26) Guwahati, (27) Vadodara (28) Ludhiana, (29) Amritsar (30) Nellore (31) Goa, (32) Surat (33) Rajkot, (34) Vijayawada, (35) Lucknow, (36) Kanpur, (37) Patna, (38) Kozhikode, (39) Kolkata and (40) Ambala (41) Manglore, (42) Tanjavur (43) Raipur (44) Anand (45) Nanded (46) Ghaziabad along with visitors from 18 other countries i.e. 18 cities from USA, 5 from UK, 4 from Singapore, 2 UAE, 2 Ghana and 1 each from Bahrain, Japan, France, Canada, Kuwait, Greece, Bangladesh, Nigeria, Ivory Coast, Syria, Ecuador and Iran.

(1) Mr. Boparai, Chandigarh appreciated our efforts for the conference which will be quite useful for all industrialists. He further stated that one bank is cheating the other bank. He intends to lodge FIR against the said bank as he has the documentary proof for the same. He also stated that some ARC company is taking over units from Banks and FI at very very low price and black mailing the original promoters.

Our Comments:- Whenever any ARC takes over an unit, it steps in the shoes of the original bank and hence damage suit or counter-claim must be filed against the ARC and the Bank. With such legal action, the ARC and banks will not indulge in such scandal.

(2) Mr. Sundararajan, Madurai appreciated our approach to utilize the important provisions of Review and the various citations provided by us. The Review is the most important and effective tool of quality control on the contents of the primary order. An alert and vigilant defendant and his advocate must never allow any order at any moment of time to contain any defect, error or mistake. If such lapses are allowed, the trial will be inherently defective and cannot be corrected by the higher courts. Mr. Ram Kishan will deal this subject in detail in his talk on 4th May '08 morning session of the conference.

(3) We have updated the Participants Details, Postal Address, Program of the Conference and relevant pages. The CDs/DVDs have been sent to those who have given the postal address and the next batch will be sent on 25.04.08.

(4) The Conference has generated tremendous interest among the visitors of this web site, our clients and their advocates. We have requested everyone to send their list of questions and suggestions.

(5) We have explained to the newcomers that the best recovery of alleged dues of the banks and FIs is by way of running of the business. All other modes including legal will only result in protracted battles where the ultimate defence is counter-claim or damage suits based on law of torts and law of damages. If the defendants are able to fight every date with perfection, the recovery will be virtually impossible and the plaintiffs will have to come to conclusion that only running of the business generating surplus is the only and the best recovery.

(6) Mr. N.K. Sharma, Dewas informed that he has not received the daily mail updates since 19.04.08. The same were mailed to him. If anyone has not received the said updates, they may also please inform. This is just for information that they may check up the web page to go through the daily updates.

(7) Mr. Rajendra Seth, Mumbai has raised an important point. He has desired that one of the subject matters in the conference may deal with explanation of particular section 5 (1) of the Securitisation Act. ARC are acquiring Financial Assets from banks in two ways, one acting as Trustee and other acting as Securitisation Company under said section 5(1). Legally, ARC acting as Trustee cannot acquire assets under section 5(1) of the Act, and also cannot continue any pending or new proceedings before DRTs. ARCIL first on the basis of illegal assignment agreement blackmail borrowers, when they fail they take action before DRT Act or send notice u/s 13 of the Securitisation Act. I am the victim of said ARCIL illegal acts. Gujarat High Court judgment has held illegal the assignment of several borrowers assets in one agreement.

(1) Mr. Ram Kishan is in Sagar from 19.04.08 to 22.04.08. The daily mail, web site update and mobile communication will be available as usual.

(2) The Registration amount for this Conference is Rs. 2500/- per participant which may be remitted by local cheque in your city or cash in Bank If cash is being deposited, please inform the details through SMS or e-mail to link up the credit. As soon as cash or cheque credit appears in the account, we get immediate SMS from the bank and the party is informed by us by SMS and e-mail.

(1) Mr. Ram Kishan will be out of Indore from 19.04.08 to 22.04.08. However the daily mail, web site update and mobile communication will be available as usual.

(2) Google Analytics shows 685 Visits to this page from 43 Indian locations i.e. (1) Indore, (2) Mumbai, (3) Chennai, (4) New Delhi, (5) Bangalore, (6) Kandivli, (7) Pune, (8) Bhopal, (9) Delhi, (10) not set (11) Mahape, (12) Hyderabad-1, (13) Cochin, (14) Chandigarh, (15) Ahmedabad, (16) Erode, (17) Coimbatore, (18) Bhubneshwar, (19) Noida (20) Madurai, (21) Hyderabad-2, (22) Jamshedpur, (23) Nagpur, (24) Bharuch (25) Jaipur, (26) Guwahati, (27) Vadodara (28) Ludhiana, (29) Amritsar (30) Nellore (31) Goa, (32) Surat (33) Rajkot, (34) Vijayawada, (35) Lucknow, (36) Kanpur, (37) Patna, (38) Kozhikode, (39) Kolkata and (40) Ambala (41) Manglore, (42) Tanjavur (43) Raipur along with visitors from 18 other countries i.e. 16 cities from USA, 4 from UK, 4 from Singapore, 2 UAE, 2 Ghana and 1 each from Bahrain, Japan, France, Canada, Kuwait, Greece, Bangladesh, Nigeria, Ivory Coast, Syria, Ecuador and Iran.

(1) The dispatch of further CDs/DVDs is held up for want of postal address of some of the participants. The same may please be provided so that the same is included in the dispatch of next batch of CDs/DVDs on 25.04.08.

(2) Some persons have approached to attend the conference. One of them being a newly appointed judge. We explained that the focus area of the present conference being 'Securitisation and DRT Acts' and being attended by the persons who are intimately connected with such specialized area will not result in meaningful dialogue with him and hence we declined such proposal. The area of law is vast and is connected with all aspects of human life. The present focus area itself is vast. Hence the Legal Forum of India aims at interacting with RBI, Indian Bank Association, Ministry of Law, Department of Banking in the Ministry of Finance, Govt. of India etc. to serve the needs of the said focus area. In this connection some material proposed to be covered are numerated at the special page on Legal Forum of India vide link http://www.drtsolutions/legal_forum.htm

(3) Mr. Radhakrishnan, Indore personally discussed the topics being covered in the conference. Being a Banking and Management Consultant with 30 years of experience in banking appreciated the pre-conference interactions as well as the proposed topics for the 'Legal Forum of India' He discussed his article on 'Recovery of Non Performing Assets' He also narrated his own personal experience of litigation relating to car-loan, on which the bank desires settlement.

(a) If first Securitisation Notice is set aside by DRT, whether second Securitisation Notice can be issued by Bank?.

(b) How the Limitation will be calculated in the first and second notice?.

(c) Is Securitisation Act applicable to book debts?. If yes, how can they invoke section 13(4) and recover from Debtors?

(i) Is there any prescribed procedure?

(ii) Can bankers take decree from the Court and recover directly without informing the borrower?

(iii) Can the Bankers write letters directly to the debtors to make payment directly to the bank as borrower’s account is NPA. Do borrower need to give any power

of attorney to recover such debt?

(iv) Can the Bankers write letters directly to the debtors to make payment directly to the bank as borrower’s account is NPA without giving securitization

notice to borrower. What legal steps available to borrowers to take action against the Bank?

(d) What is the meaning of Section 29 of the Securitisation Act?. When it is applicable and in which case it is applicable?.

(2) Mr. Ram Kishan will be out of Indore from 19.04.08 to 22.04.08. However the daily mails, web site updates, mobile communication etc. will continue as usual.

(3) The first batch of 4 nos of CDs/DVDs have been dispatched through DTDC Courier to those participants whose postal addresses have been received. Next batch will be dispatched on 25.04.08 to those participants who provide their postal addresses and other details.

(4) After receipt of the said CDs/DVDs, the recipients are requested to view the same, prepare list of questions and mail the same to us for providing answers during the conference.

(5) Copies of favorable orders along with the applications obtained in DRTs and Civil Courts may please be sent to us to include the same in the conference material. This will be quite helpful to other participants.

(1) As originally proposed vide update of 11.03.04, this conference will endorse creation of 'Legal Forum of India', and hence it has been thought to highlight the same and accordingly the title has been more aptly modified. The coverage of 'Legal Forum of India' will be much wider and will aim at 'Judicial Reforms' by way of application of better management and improved technology. The banner of the Conference is proposed to be as the title of this page. However there will be no change in the contents of this conference. Some of the objects of the Legal Forum of India has already been outlined on the special page Legal Forum of India The comments and suggestions of the participants are invited.

(2) Mr. Jeetendra Shah, Bangalore (on the comments of Mr. Rajendra Goyal) wrote that many of the directors probably are unaware that personal guarantees of the directors should not be taken, even if they know it, they cannot do anything as they will be needing funds to run the business and could not go against the bank. moreover this thing comes to light only when the borrower is in financial trouble. He further stated that the ROC should also prevent filing of such illegal documents.

Our Comments :- Our point is that bankers are aware about such illegalities and hence they are willfully, deliberately and intentionally indulging in such illegal agreements and documentation. The watchdog i.e. RBI; owner of the banks i.e. the Government and even the Business/Industrial Associations are not taking any action in this direction. Suitable actions will be initiated just after the conference. As regards, ROC, he is also responsible to the extent provisions under the Companies Act.

(3) Mr. Haresh Gandhi, Mumbai has sent us a copy of article 'Crucial Provisions of SARFAESI Act - A Logical Approach' written by Mr. G.C. Goel and published in December 2007 issue of The Indian Banker. We shall express our opinion on this article during the conference.

(1) Mr. Rajendra Goyal, Indore in respect of the article 'Director's Personal Guarantee - A Void Agreement' has commented as under:-

(a) All the aspects including legal are known or supposed to be known to the Directors and hence they should refuse to sign such guarantee agreements.

Our Comments :- Illegality of such proposal is also known or supposed to be known to the bankers, why do they include the same as a pre-condition in their sanction letter or in their guarantee forms. First wrong doing is being committed by the bankers and then termed as fait accompli.

Our Comments :- During the course of ongoing project, there is no time and opportunity to enter into such dispute with the bank. In fact this is against the Indian Contract Act, 1872 on account of - absence of 'Free Consent' and the undue influence,

Our Comments :- No sooner the illegality is detected, it should not be allowed to be continued. If banker refuse to correct the same, the only option is filing of 'Injunction Suits'

(2) Mr. B.S. Malik is arriving Indore on 1st May '08 morning flight and will stay at the residence of Mr. Ram Kishan up to 6th May '08 evening by which he will leave to Delhi by flight. Those who desire to call on Mr. Malik may fix up prior appointment with him on his mobile 098 1513 8158. We may be informed about such engagements through e-mail.

(3) The full details of the Program of the Conference, timings for tea, dinner, breakfast, lunch and tea have been given. The session of the first day will commence from 4 PM. All are requested to arrive at the venue i.e. Sayaji Hotel, Indore just before 4 PM. If you have any suggestion, the same may please be communicated through e-mail.

(4) A set of 4 DVDs/VCD on the following topics are being dispatched to those participants who have furnished their postal address:-

The recipients of the above DVDs/CDs are requested to view them, prepare a list of questions and forward the same to us so that the answers could be provided during the conference.

(5) Mr. Sundararajan, Madurai informed that Mr. Devasahayam has suggested to file PIL in Madurai High Court to challenge the appointment of Retired/On Deputation Bank officials as P.O in DRTs. This results in open violation of Constitutional Rights of the defendants as such officials are inherently biased towards the banks and hence fair justice can not be expected.

(6) Still some of the participants have not given their details and postal address, the same may please be provided without further delay.

(7) Your list of questions and suggestions are still welcome. Your active involvement will alone make this event successful, memorable and best return on the resources put in by the participants who are coming from far off places like Madurai and Ludhiana. Perhaps this will be the first conference of its kind having daily e-mail interactions updates on the world wide web for more than one and half months ahead of the conference with successive improvements and being watched by visitors to web site from 18 countries with daily reporting system of Google Analytics. There are nearly 2 crore NRIs some of whom might have tendered personal guarantees. Further the system of banks, courts and problems of the borrowers and guarantors are more or less the same in all commonwealth countries where the British have ruled. The conference represents best application of management and technology in bank related judicial process.

(1) Please note the change in Program. On account of popular demand of many of the participants, the topic of the 'Director's Personal Guarantee - A Void Agreement' will be taken up during the first session itself on 3rd May '08 Saturday 4 PM. Rather the conference will begin with this topic.

(2) The focus in this conference is going to be the article 'Director's Personal Guarantee - A Void Agreement' vide link Article on Personal Guarantee All the Participants and visitors to this page are requested to study the said article thoroughly, send their questions to us, if possible forward the said article to legal experts for their candid opinion and such candid opinions be sent to us.

(3) Based on the said Article on Personal Guarantee, we have advised the guarantors to file 'Injunction & Declaratory Suits' in civil court. If anyone has any difficulty, we will draft such suits and will provide full guidance during the adjudication of such suits. Those who are interested may contact us just after the conference. Some of our clients from Mumbai and Bangalore have already approached us for the same.

(4) Some of our clients and advocates in Madurai are perturbed over decisions and disposal of the PO DRT there as he hails from a nationalized bank. We have communicated to our said client as under:-

(1) Mr. S.K. Gupta, Indore proposed that since the matter of personal guarantee is highly important, it should be taken up in the opening session.

(2) Mr. Jeetendra Shah, Bangalore desired to file a damage suit against the customs for their wrong doings.

(3) Mr. T.R. Radhakrishnan, Indore has sent an article 'Recovery of Non Performing Assets' After discussions with him, we shall publish the said article on this web site.

(4) The article 'Director's Personal Guarantee - A Void Agreement' has again been updated.

(1) Mr. Tekriwal, Indore informed that the links on the mails are showing blocked. This may be due to security settings on the browser. The same may be reset or the links be pasted on the browser.

(2) Airtel Server was down for several hours today hence regular mails though ready could be transmitted only in the afternoon.

(3) The article 'Director's Personal Guarantee - A Void Agreement' has been updated including comments on DRT Act and Securitisation Act and 'Dena Bank - A Case Study' has been added giving analysis of the documents of the bank on personal guarantee. This article has generated lot of interest among the participants. They have sent this article to many eminent persons in the country for their comments. Anyone who is reading the said article, whether he is participant or not is requested to forward the same to whomsoever they think would examine this article with critical eye and convey their valuable comments to us so that we may modify or correct the same.

(4) We have decided that the guarantors will file Injunction and Declaratory suits in civil courts so that the matter is subjected to adjudication by the court of law. We shall co-ordinate the same up to the stage of finalization by the Supreme Court. The competent persons who have financial affordability may kindly contact us just after the Conference.

(5) Once again we request those who have not provided their particulars and postal address so that we may update the directory of the participants and send them the CDs/DVDs.

11.03.08 - update

Proposed All India Conference at Indore on 3rd and 4th May '08 :- Many of our clients have started getting success in DRTs and Civil courts. they want to share their success stories. Many of them report that the DRTs or the Civil Courts where their cases of counter-suit or damage suit are in adjudication, the judges try to hurry up the matter, proper time is not given, quick judgments and orders are issued, if any objection is raised, the judge tells them to approach to higher courts for redressal if any. Such tendencies need to be resisted by one and all. Perfect trial on every date is important as the said proceedings are part of the foundation for the whole case. We tell our clients that they and their advocate must prepare very well in advance and ask the court to give them sufficient time for presentation. If the required time can not be given, next date must be fixed. Facts and law must be presented very well. It is the duty of the court to extend such opportunity. When such presentation has taken place, written arguments must be given so that there is perfect record. The order issued must be studied thoroughly well. If there is any mistake or deficiency, review petition and appeal must be filed. The said review petition and appeal must be fought with the same perfection. This way alone, the litigant can think of winning their counter-claim or damage suit against the bank otherwise not. One may say that this approach will take lot of time. But it is said 'Justice hurried is Justice buried' Once there is no perfect trial, you can not expect any redressal from the higher courts. This is the way only some of our clients are achieving success. We have lot of material, case laws and personal experiences on this particular aspect. Even we are launching a separate web site viz. www.legalforum.in on important aspects on trials and legislation. We intend to hold a conference at Indore on 3rd May '08 and 4th May '08, being the first Saturday and Sunday of May '08 wherein all our clients and their advocates are invited and complete details, legal knowledge, case laws, actual experiences etc. will be dealt with in detail in open gathering along with question answers by authorities on the subject. Please communicate your consent, number and names of persons who are expected to attend the said conference. Complete details of program, venue, travel details etc. will be conveyed on this web site in due course of time. Please communicate your views and requirements by e-mails to ramkishan@drtsolutions.com with copy to ramkishandrt@gmail.com You may spread this message among your friends who may be genuinely interested in the proposed conference.

E-mail from Mr. Sundararajan, 62 years, Madurai, one of our most dynamic clients who has spent maximum portion of his life abroad

From: suman sundar [mailto:gurumira@yahoo.com]
Sent: Friday, 21 March, 2008 7:36 AM
To: ramkishan@drtsolutions.com
Cc: dubeybk.adv@gmail.com; arunm_advocate2007@yahoo.co.in
Subject: Re: From Sundararajan -Conference at Indore - an appreciation

Respected Mr.Ram Kishan,

The update are very useful to keep informed the interested participants. This inspires all the clients and advocates to take note of the importance of this valuable conference since it is making mind set of the defendants and their advocates how to proceed and focus the subject issue to deviate the attention of P.Os who are normally having the opinion that the defendants are cheating the bank loans money of the Public.

This conference will enlighten the ignorant defendants who are pre-occupied with their routine normal business and inspire how to challenge the banks who are doing wrong doings by exploiting the ignorant and poor knowledge of the defendants.

This conference also build the confidence and will power of the defendants who think there is end of litigation and end of life once the banks send the possession notice. They do not know they can win the case through the assistance of M/s.DRT Legal Solutions.

Many of the advocates attending on behalf of defendants do not know how to challenge the DRT cases. They are only concentrated to settle the matter through settlement & Lock Adalat without applying the positive points in the enacted act.

Though I have spread the importance of the conference to the clients we face, some who are in DRT cases reacted to attend the conference and some does not pay attention the importance of this conference.

In Madurai DRT the lawyers of the banks and the law officers of the bank are in defence side when Mr. Arun Murugan appearing for the cases by pin pointing the subject and focusing how the laws are against the bank and in favour of the defendants through his meticulous presentation with the assistance of our respected Mr.Ram Kishan and Mr.Dubey. Tne P.O listens and some of the orders are reserved even for 2 months.

I wish the defendants who lost their hope in their litigation shall attend the conference.

Regards

Sundararajan

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