DRT Legal Solutions
(Debts Recovery Tribunal Legal Solutions) is an India based
Law Firm specializing in DRT, Securitisation, NCLT, Borrowers and Guarantors Solutions in Debts Recovery Tribunals,
Pioneers in Counter-claims and Damage Suits based on Law of Torts and Law of Damages
Phones (India) - Mobile - +91-930-2103689, Off. & Res.- +91-731-4049358 and +91-731-3290201
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 │ DRT Solutions - Site Map for Borrowers & Guarantors
For reference of such judgments please click DRT Judgments Favourable / Useful to Borrowers
Important Tip to Old and New Visitors:- The left side photo is of Mr. B.S. Malik, having court practice of 42 years out of which 25 years were in Supreme Court. He ventured into industry and his unit became sick and closed. He got his defence and counterclaim prepared by us. The damage claim was filed by him on 13.01.05 and a video interview of Mr. Malik was conducted on 23.01.05. The synopsis of 18 clips is given below You may take out the print and study the same. Listening to the video interview will be further useful. You may select the clips for replay for discussions with your colleagues as well as the advocates As an example, the extract from Clip No 13 will play (three times) here itself on the right side. Please wait for 2 to 5 minutes for the download and keep your speakers connected
Video CD containing Interview of Mr. B.S. Malik, the Supreme Court Advocate, on Bank Litigations and Counter-claim - edited, split and indexed into 18 clips with synopsis for most user friendly applications :- This video interview (edited and split into 18 clips in the same CD) will be immensely useful to industrialists, borrowers, guarantors, chartered accountants, advocates, lawyers and bank litigants in DRTs. The details and the synopsis of the said 18 clips is given below. These small clips can be noted and replayed before colleagues and lawyers. Mr. Malik, in simple language explains legal concepts behind industrial finance, bank litigations and counter-suit. This CD will enable the viewers to communicate with their advocates in a more meaningful manner.
Video Interview (edited & split into 18 clips) of
Supreme Court Advocate
Introduction:- For the convenience of the viewers, this video CD has been edited and split into small video clips which are 18 in numbers starting from AVSEQ01 TO AVSEQ18. Their duration, title and synopsis of each clip are detailed below. With such arrangement, the viewer may choose the clips for replay before his colleagues or his lawyers.
AVSEQ01 – Clip No-1, Duration-4 min 18 secs
Title mentioned in the Clip :- Introduction of BS Malik, Supreme Court Advocate and his reactions on filing his damage suit of Rs. 1825 Crores against Bank
Synopsis of this Clip:- Ram Kishan gives introduction of Mr. BS Malik. The highlight is that Mr. Malik has court practice of 42 years out of which he spent 25 years in the Supreme Court. After such experience he promoted a medium scale Industrial Unit which became sick. He had been in constant touch with us since 2001 with several exchange of views on legal matters. Being a legal luminary with an industrial experience, he could understand our concepts, which are difficult for the average lawyers and advocates. He was frank enough to admit that he also took time to understand our concept and approach by way of application of law of torts and filing of damage suits in place of writ petitions.
AVSEQ02 – Clip No-2, Duration-2 min 58 secs
Title – Malik’s Views on the Impact and Repercussions of the Damage Suit on the Bank and the Entrepreneur
Synopsis :- Malik mentions the negligence of the bank and its failure to perform statutory duties and states that the bank will not be able to come out till the damages are paid. If the bank delays, the interest on damages will increase.
AVSEQ03 – Clip No-3, Duration-1 min 35 secs
Title - Malik’s Presentation on the views of the Lawyer Community about his Damage Suit on the Bank.
Synopsis :- In the views of Mr. Malik this is a virgin field for the lawyers. They had no exposure, opportunity or time for such legal research. The work involved is highly time consuming. The lawyers have no time for such research as they are not free from routine day to day work.
AVSEQ04 – Clip No-4, Duration-2 min 55 secs
Title - Malik’s confirmation that the only remedy is filing of Damage Suit instead of Writ Petition
Synopsis :- Mr. Malik states that he was all along of this view to file writ petition in the High Court for the violations committed by the banks. It is only after long discussions with Mr. Ram Kishan he came to conclusion and was fully convinced that the only and the best remedy is to file damage suit in the civil court. .
AVSEQ05– Clip No-5, Duration-0 min 57 secs
Title - Malik’s confirmation that he was fully convinced before filing of the Damage Suit as drafted by us.
Synopsis :- Mr. Malik states that he was fully convinced before filing the damage suit against the bank.
AVSEQ06– Clip No-6, Duration-1 min 11 secs
Synopsis :- Mr. Malik confirms that in the legal parlance the wrongdoings by the bank will be regarded only intentional whether they are intentional or not.
AVSEQ07– Clip No-7, Duration-3 min 29 secs
Synopsis :- Mr. Malik refers to the definition of NPA but in his view most important question is as to who created NPA. He mentions about non-performing babus, non-performing bankers, non-performing bureaucrats. He concurs with our approach to file a civil suit which will determine as to who created NPA. Let it take few years as it involves interest on damages. He is fully convinced about our approach.
AVSEQ08– Clip No-8, Duration-1 min 38 secs
Synopsis :- Mr. Malik refers to the several discussions which he had with us and there after he was convinced that ours is the only correct legal approach for a correct solution which can give you relief and this is the only remedy. There is no other remedy
AVSEQ09– Clip No-9, Duration-4 min 54 secs
Synopsis :- Mr. Malik concurs our view that there is fallacy of bank transactions based on contracts. There can never be contractual relations between borrowers and bankers. He refers to the case of Mardia Chemicals. There were eminent lawyers but they all proceeded on wrong base i.e. there were contractual obligations between the borrowers and lending bank. Mr. Malik concurred with our views that there was no question of contract. Wrong base will lead to wrong decision. In case of Mardia chemicals the contractual base and doctrine of Promisory Estoppel, both are wrong. The correct approach is breach of statutory duties as per the RBI Guidelines. Mr. Malik frankly admitted and mentioned that after hours together long discussions with Mr.Ram Kishan, he changed his views. Now he was fully convinced that there can not be any contract.
AVSEQ10– Clip No-10, Duration-2 min 15 secs
Synopsis :- Mr. Malik stats that lawyers have not yet touched this virgin field. The only remedy is damages and compensation. Nobody has gone in this direction. People are mistaken that the bureaucracy is unaccountable. Filing of damage suit will create the sense of responsibility and accountability.
AVSEQ11– Clip No-11, Duration-2 min 51 secs
Synopsis :- Mr. Malik admitted that had he prepared his own case, he would have been defeated. This is on account of his mindset to file writ petitions in the High Court. But the way the pleadings have been prepared by DRT Legal Solutions by going through each and every letter since 1993, segregating those applicable and then mentioning them in the pleadings, is to be appreciated. He mentioned that his lawyer who is handling the case in the civil court is Mr. DP Gupta who is quite famous in civil law due to his mastery of the field. He studied the pleadings for 10 days and advised that not even a single comma should be changed. Mr. Malik said “Ram Kishanji I must admire your perfection in pleadings and drafing”.
AVSEQ12– Clip No-12, Duration-1 min 38 secs
Synopsis :- Mr. Malik now tells his family and children that they should never dispose off the project howsoever time the litigation may take. The damage suit will provide compensation for the loss and damages.
AVSEQ13– Clip No-13, Duration-1 min 23 secs
Synopsis :- Mr. Malik said “Ram Kishanji, Entrepreneurs and Citizens in this country will attribute to only one person for the biggest legal reform and who opened their closed mind, it would be only Ram Kishan, this is only due to you.”.
AVSEQ14– Clip No-14, Duration-1 min 24 secs
Synopsis :- Mr. Malik is surprised to go through the massive pleadings. He appreciated the labour put in to draft the damage suit and counter-claim. He states “ How much clear are your fundas, clarity to be appreciated, its beyond my imagination”
AVSEQ15– Clip No-15, Duration-2 min 16 secs
Synopsis :- Mr. Malik stated that all his 3 sons are advocates. I have told only one thing to our civil lawyer Mr. DP Gupta that they should read and read first 20 pages. Every para should be read and reread again and again as every para contains new concept. Every para is a master piece. These pages are the summary of the entire case.
AVSEQ16– Clip No-16, Duration-6 min 08 secs
Synopsis :- Mr. Malik admitted that as lawyers we are not properly equipped to advice the entrepreneurs. The entrepreneur is innocent. He is in tension. He is after the bankers. There is no fear in the bankers even if they are starving the projects. He is unable to pay the employees, even he is facing actions under sec 138 of the NI Act. Actually the bankers should be punished and jailed. Even the lawyers do not have clear concept. This fight will go upto Supreme Court. It is banker’s duty to provide the working capital, entrepreneur is not concerned whether the file is with AGM or GM as it is internal matter of the bank. This should not be the reason for dishonour of the cheques. It is the criminal negligence of the bank. It is the duty of the bank to provide timely finance. Fault is of the banker. Mr. Malik said that he would not compromise. He is keen to get the legal principles decided as a service to the industry and country. He regards this as his duty being a senior advocate having 42 years of court practice as he has seen and achieved everything in life. Now this has become his mission. He got motivated by observing missionary zeal of Mr. Ram Kishan. He would take his case to logical conclusions and it would create a legal history.
AVSEQ17– Clip No-17, Duration-3 min 53 secs
Synopsis :- The bankers are duty bound to follow statutory RBI Guidelines in existence since 1976. At present they are ignoring the said guidelines as they are not afraid of anybody. It is only decision of the court in the matter of damage suits, they would follow the said guidelines. The findings of the courts will compel them to do so. Had Mr. Mardia brought about all these aspects, better decision would have come. The bankers would suffer as they are accountable. The bankers have not been punished for their failure to do their prescribed duties. They have not been affected for not following the guidelines so far. In future courts will pass decrees in the damage suits, then they will definitely follow the said guidelines. There is sheer ignorance of the entrepreneurs despite having CAs and Lawyers. The CAs and Lawyers are not having proper clarities. After the judgments on the damage suits, all these things will be well known..
AVSEQ18– Clip No-18, Duration-10 min 3 secs
Synopsis :- Mr. Malik cites the Sholapur Spinning Mill case with reference to the IDR Act 1951. An entrepreneur Chirangilal filed a writ petition. Mr. Malik then dealt with the concept of industry. The industries are of national importance for economic growth of the country If there is any mismanagement, the government can take over anytime. Thus the industries are valuable national assets. Hence it is misnomer that the industry belongs to the entrepreneurs. Actually the entrepreneur has got a limited role. As per the national policy, there are development corporations in each states for uniform development of the country. In Industrial Policy Resolution of 1956, it was realized that the entrepreneur base of the country was very weak.. 1956 policy gave primacy to the role of the state to assume direct and predominant responsibility for industrialization. Hence it is primary duty of the government to develop and grow the industries. for economic growth, employment, poverty alleviation, earning foreign exchange, development of priority sectors like small scale industries and agriculture etc. are under a national policy. The banks have the duty, role and responsibility to provide working capital. It is not the sweet will or desire of the banks to decline working capital. It is not their choice. Once a bank decides to participate, all other stakeholders including the entrepreneur contribute their funds, energy and other resources. Once they commit, they are bound to perform.
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- +91-930-2103689, Off. & Res.- +91-731-4049358 and +91-731-3290201,
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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