Drt Solutions Weekly Mail for Borrowers & Guarantors

(1) DRT Case filed by the Bank stayed till the SLP filed in Supreme Court is finally decided:-

One of our clients at Mumbai informed that the DRT case filed by a Co-operative Bank has been stayed till the SLP filed in the Supreme Court is decided. The issue regarding Co-operative Banks being treated as ‘Banks’ under the Banking Regulations Act is under considerations with a 5 judges bench and the hearing is scheduled on 6^th Dec ’08. All such cases filed by the Co-operative Banks in DRTs have been stayed all over the country.

(2) Panchnama made by the Borrower on refusal of the Bank to receive letter:-

One of our clients at Indore received a notice under Sec. 13(4) of Securitisation. The borrower sent a reply through speed post as well as through hand delivery. When the bank officials refused to receive the said reply through hand delivery, the borrower sent his representative along with two witnesses and after refusal by the bank officials, a Panchnama was prepared for the said refusal and sent to the Bank and concerned officials. Thus any untoward conduct by the public servants including bank officials can be recorded by such Panchnamas.

One of our clients at Chennai has noticed an organized scandal by a Factoring Services Firm which has employed ex-officials of the banks and government. They have created a web site and are in regular collusion with the recovery departments of the banks. They plan all the activities in banks and DRTs in locating the securities, arranging valuation and sales at much lower values. The said Factoring Services firm even joined as one of the parties in the ongoing DRT litigation. On certain wrong doing, the DRT even asked the said firm to tender apology in writing. The borrower has also lodged complaint with the police and CVC (Central Vigilance Commission) This topic was discussed in the Indore Conference and mention was made vide DVD No – D-014.

In one of the cases at Indore, a Review was filed in trial court on 28.02.05. On the same matter an Appeal was filed on 31.08.05. While the proceedings in Review were going on, the Appeal came up before the Division Bench of High Court which on 17.09.08 ordered as under:-

(1) “Admittedly both i.e. present application filed under Order 44 Rule 1 of C.P. Code and review can not be prosecuted simultaneously and therefore, so long as the review petition is not finally disposed of, this application filed under Order 44 Rule 1 ibid can not be proceeded with.”

(2) The said High Court on 03.11.08 ordered “This appeal is adjourned sine die with a direction that after the applicant makes an application for taking up the matter, only then the appeal will be taken up for consideration.”

(3) Thus our contentions have again been validated when statute provides two remedies, the litigant can avail of both but in sequence. The remedy which has been invoked first has to be decided on merits first and till then only the second remedy has to wait. A comprehensive analysis of this subject is available in AIR 1948 Allahabad 353 which has not yet been overruled. In many Supreme Court judgment, the same concepts have been upheld in the matter of Review and Appeal.

(5) DRT Bangalore orders interim stay without any deposit in the matter of appeal under sec 17 of the Securitisation act:-

In respect of one of our clients from USA having Registered Office at Bangalore and facing action under the Securitisation Act in the matter of their Power Project setup in Hassan, the PO DRT as usual initially insisted for Deposit (against alleged claim of Rs. 28 crores approx.) While arguing the case, our Senior Advocate Mr. Dubey submitted various legal and factual grounds on account of which such deposit is not justified. Finally the said PO issued the order without any deposit or any other conditions as under:-

“Interim stay of all further proceedings such as taking physical possession, conducting auction sale, confirmation of the same etc. until further orders”

(6) Approach to Trial in DRTs – application of Constitution of India and CPC:-

In respect of trials in DRTs and civil courts we have been all along insisting for the following:-

(1) These courts are the first and last to determine the controversial facts and proper law to be applied to determine the controversy as well as the rights and liabilities of both the parties.

(2) The Borrowers and Guarantors facing DRT Litigations should regard DRTs as the ultimate courts just like the Supreme Court so far as the judicial determination of facts are concerned. Any lapse on this aspect can not be remedied in the Higher Courts.

(3) The above becomes all the more important when all the courts in our country are heavily loaded and there is acute shortage of judges. There will always be pressure for hurry from the Judges and opposite parties like Banks and Financial Institutions.

(4) Under the above facts and circumstances, one has to be perfect in pleadings and adjudication on every date. A thorough understanding and application of Constitution of India and Civil Procedure Code as well as the leading judgments from the Supreme Court of India must be kept in view and used in all submission before the courts and DRTs. Either written or Video Arguments must be submitted.

(5) Further details may be had from the DVD No D-013 of the Indore Conference.

In our country requisite importance is not being paid to the Trial Courts which include the DRTs also. Incidentally the DRTs have been mainly setup in the cities which have the High Courts. At these places experienced Trial Advocates are not available.

The Advocates practicing in Higher Courts like High Court and Supreme Court do not have required knowledge and expertise suited for the Trial Courts or DRTs.

The trial courts mainly concentrate on judicial determination of facts including discovery of documents and cross examination of witnesses whereas the Higher courts go through the intricacies of application of law. Thus the approach in both the arena are entirely different. Hence the DRTs are not having the requisite type of advocates as is required.

Keeping the above aspects in view, we have been advising our clients to go through the facts, DRT Act, Securitisation Act, Evidence Act and CPC thoroughly and help their advocates accordingly. We have been helping them to interact with us without any hesitation. In future, we foresee that the DRT Advocates and Trial Lawyers will have their own Association.

Our Weekly Mails are gold mine of practical information for the borrowers and guarantors - The mail recipient particularly Borrowers and Guarantors will be immensely benefited by our weekly mails, all previous issues from 1st one till the last one may be viewed by clicking the links given at the top. Separate web pages have been created to contain these mails in batches of 10 so that pages open up fast. These mails are gold mine of information on current topics giving lot of practical suggestions and comments. Any new recipient to these mails must go through all the weekly mails right from the issue no 1 to the latest. If possible please spread the reference of our web site and the weekly mail among the persons, borrowers and guarantors who are the bank victims. If anyone desires to get these mails regularly, he may write to us for inclusion of his e-mail ID in the regular mailing list. The weekly mail is issued on every Friday morning 6 AM. The particular issue of the weekly mail is first published on the web site and then mails are sent. These weekly mails have become quite popular among the borrowers and guarantors in the country as we are getting huge no of mails appreciating the same. We welcome suggestions as well as the topics on which more information is required.

(a) In one of the cases at Indore, a civil suit was dismissed by the trial court on 15.02.05 on preliminary issues . A review was filed on 28.02.05. While the review was in process, the limitation for appeal was getting nearer. Hence the Appeal was filed before the High Court Bench at Indore on 31.08.05.

(b) In the mean time when the said Appeal came up before the High Court, the Division Bench desired on 17.9.08 that the Review must be decided and completed within a month.

(c) During arguments on 03.11.08 after reviewing the entire matter, the High Court gave the following important verdict:-

“The Appeal is adjourned sine-die till Review is decided and Appellant comes up for continuing the Appeal.”

Our Comments:- The above verdict of the High Court is validation of our views being put up past 8 years summarized as under:-

(1) The Review and Appeal are two legal rights under the statute (e.g. in CPC 1908) with well defined jurisdictions.

(2) If Review is filed while no appeal is pending, the legal right of Review has to be decided on merits. Such legal right can not be taken away by any court of law.

(3) During the pendency of such Review, if Appeal is filed due to limitation, the said Appeal being another legal right is also needs to be decided on merits.

(4) Under the above circumstances, the Appeal has to wait till Review is decided.

(5) There are several High Court and Supreme Court judgments which support above view. The above mentioned verdict of High Court dated 03.11.08 is the latest.

(6) Those who have not gone in depth about such matter still are carried away by a wrong notion that when two remedies exit, one can exercise only one. There are several Supreme Court judgments which uphold simultaneous use of both the remedies, The latest verdict of the Supreme Court in the matter of Transcore is well known.

(7) We are preparing exhaustive and exclusive ‘Video Opinion’ on the above matter based on analysis of various High Court and Supreme Court judgments.

(8) As we are emphasizing perfect trial in DRTs, the said ‘Video Opinion’ will be of immense use to the Borrowers and Guarantors facing DRT litigations. The tools of Review and Change in Court combined with ‘Video Arguments’ will greatly improve the quality of adjudicative process in DRTs. When the facts are correctly established in DRTs, the Higher Courts will not be misled or misdirected by the Bankers’ pressure for ‘Recovery by Hook or Crook’

(9) For further details, one should view the DVD No D-013 of the Indore Conference wherein the above matter has been dealt with in detail.

One of the Advocates recipient of our weekly mails has objected to the language used in our weekly mails and in our web site. In this context, the following facts need to be kept in view:-

(a) Some of the advocates and judges in our country are unable to part with the age old practices established by the British.

(b) The scenario dramatically changed after promulgation of our Constitution when public acquired fundamental rights. As per sec. 21 of IPC 1860 the judges are public servants. As per sec 2(17) of CPC 1908, the judges are public officers. The advocates are professionals hired by the public. The public as litigants are the customers and consumers in the service industry of Justice Delivery System. Time is not far when just like ‘Customer is the King’, the ‘Litigant also will be the King’ The Constitution of India has already armed the public with fundamental rights and separation of judiciary from the executives. When the present rule by ‘Public Servants’ will be replaced by ‘Public’, we will have the real democracy.

(c) Even in British days, the then ICS officers whenever used to write any letter to the public were required to end the letter with the phrase ‘Yours most obedient servant’ Our IAS officers have conveniently dropped this phrase which is most appropriately needed in the democratic setup like ours.

(d) When the courts are deciding damages due to deficiency of service under Consumer Protection Act and violation of statutory duties, the same concepts will come into play for the advocates and judges. The complete setup is meant for giving excellent service to the litigants. More so in DRTs where huge court fees of Rs. 1 lac to 1.5 lac as well as deposits have been prescribed without any considerations whether the unit is closed or the industry is sick, whether the promoter is able to survive or not.

(e) For new entrepreneurs, we have been advising them that their project reports must include the funds for survival and fighting legal battles during sickness. When there is no such problems for the Bankers, why the entrepreneurs should suffer. More so when there is no 'No Fault Insurance' and 'Lenders' Liability Enactment' in our country. All these matters we have already highlighted on our web site since last 8 years vide the link http://www.drtsolutions.com/legal_forum.htm

(f) For the existing litigants in DRTs, we have been basing the counter-claims and damage suits on their balance sheets with suitable comments so that the related facts are established by way of judicial determination. It is interesting to note that despite package of Rs. 71,000 crores, the farmers are still committing suicides as the package may correct the balance sheets of the banks but the farmers have no provision of survival expenses.

(g) All over the world, the trend is to modify the legal language in such a manner so that it is easily understood by the common man as litigants. This has been highlighted in the book ‘Plain Language for Lawyers’ by Michele M Asprey, 2^nd edition – First Indian Reprint by Universal Law Publisher in 2002.

(h) Under the above scenario, our language in the web site and weekly mail expresses in simple language the ground realities relating to the bank victims who are being treated and termed as defaulters and culprits, in many cases, due to the wrong doings committed by the banks. The farmers and industrialists are real wealth generators and so long as they are not treated properly, major portion of the society (85% in India) will remain poor and only window watchers for the products coming from outside countries like China.

One of the Research Scholars from Pune University has called on us to understand and analyze the functioning of DRTs in Maharashtra. We provided him with complete background material and fundamental concepts. The improvements can only be achieved by application of modern management techniques and improved technology. He was informed about various areas in which he should carry out the research. Further he was told that the bankers are unable to implement the law contained in the Constitution of India and the Bank Nationalization Act. They are openly violating the duty of care contained in law of torts as well as the breach of statutory duties laid down in the RBI Guidelines. The borrowers and guarantors have the only option to file counter-claims or damage suits against them. The battle is to be fought in the trial court of DRTs based on law and procedure of law keeping in view the principles laid down by the Supreme Court of India in the matter of Swaranlata AIR 1969 SC 1967 para 6. He was handed over the DVDs pertaining to the Indore Conference as well as those pertaining to the Video Arguments.

One of our clients from Indore when viewed the ‘Video Arguments’ was so much impressed that he desired to have such ‘Video Arguments’ prepared by us for his writ petition to High Court in respect of appeal dismissed by the DRAT. He appreciated the thorough research being done by us as well as the Superior Presentation (due to 100% record and 100% recall) which will be liked and demanded by the Advocates and the Judges.

One of our prestigious client based in USA and having case in DRT Bangalore desired to have our Advocacy Services also. Accordingly our Senior Advocate Mr. Dubey will be in Bangalore during next week. The south based clients and parties may call on Mr. Dubey by fixing prior appointment on his mobile no 9425063769

Our weekly mails have become quite popular in the country among the borrowers and guarantors. Huge number of new recipients are being added every week. It has been greatly appreciated by them as may be seen from number of mails received by us. Two of the recent mails are reproduced below:-

From: suman sundar <gurumira@yahoo.com>
Date: Fri, Oct 24, 2008 at 7:15 AM
Subject: Re: From Sundararajan - Wishing You a very Happy & Prosperous Diwali - DRT Solutions Weekly Mail - 24th Issue 24th Oct '0
To: Ram Kishan <ramkishandrt@gmail.com>

Dear Mr. Ram Kishan,

The article about review is enlightening the aggrieved borrowers who are being trapped by the power and possession of the Bankers. The borrowers so far came with the conclusion that there is end of justice. Some of the advocates are also not versatile in Laws and hence are losing the battle wherein the wrong doings of the banks are unnoticed.

The letter from Mr. Prem Kumar is the reflection of many borrowers. The article about the simplicity of the Iranian President is mind touching.

The weekly mails are the feedbacks of the cases from many parts of the nation under one web site and gives valuable assistance how to proceed in the cases.

Thank you.

Sundararajan

Madurai

On Sun, Oct 19, 2008 at 4:39 PM, BK Tibarewal <bkt.exim@gmail.com> wrote to Ram Kishan:

res/sir,

i am reading each every line of your communications/mails newsletters and have developed a great liking for your vast work in larger interest of the victimised but mostly innocent borrowers.

i urge u to keep up your efforts.

we all and many more support you

high regards
--
B.K.TIBAREWALA
TIBAREWALA NAGAR
NH NO 5,JAGATPUR-754021,CUTTACK
ORISSA
PHONE-0671-2491170
MOBILE-94377-43355

The CPC (Civil Procedure Code) 1908 in India is the most litigated enactment. It is based on the well established procedure in English Courts past several hundred years. The first version of the CPC in India was issued in 1859. All the judicial trials in the country including that in DRTs are based on CPC.

In Bank litigations, all the facts are contained in documents. All the documents are in power and possession of bank.

In specific case of counter-claim or damage suit against the banks, the defendant bank is required to submit their written statement. In almost all the cases, we have observed that as a routine practice, the defendant bank comes up with general and evasive denial of all the facts contained in the pleadings of the plaintiff borrowers. Hence as per the law contained in CPC, the plaintiff borrower is entitled to discover all the facts contained in the documents. If this stage of trial is fought properly, either the bank will have to offer all the documents for inspection or their defence will be closed. Either way the bank will lose the case.

Cross examination of bank officials is the next most important stage of the trial. Person having mastery of facts and mastery of law should alone cross-examine the bank officials. The goal of the said cross-examination should be admission of wrong doings by the bank officials.

In that eventuality the final argument becomes very simple as one has to describe the admissions only. Once wrong doings are thus established, the plaintiff borrower has to prove the quantum of damages.

Our clients from time to time made many queries. We submitted our replies based on the CPC. Some of such matters alongwith our replies were in brief as under:-

(a) There is no such thing as motion hearing of interim applications.

(b) There is no such thing like ‘Repliction’ WS and the enclosed documents are the final pleadings of the defendant bank.

(c) The plaintiff is free to enjoin defendants justifying the same on his pleadings.

In this context, we have observed that the defendant Bank comes up with general denial and fighting on all above and similar matters. If there is lack of knowledge of CPC at the trial stage, there are wrong decisions at the trial stage. Efforts for resolution from Higher Courts may entail Herculean efforts or even the decisions from higher courts from complicate the matters.

All the above aspects are fully covered in CPC. There is no substitute of thorough knowledge of CPC. The litigant and the trial lawyer should be very meticulous on every date. That is why we are empowering the clients and their advocates. The goal should be that one should be very particular on every date. In important matters, written and or video arguments must be submitted.

(3) An Interesting Book ‘The Terrible Truth about Lawyers What Every Business Person Needs To Know’:-

Mr. Mark H. McCormack has written a best seller ‘What They Don’t Teach You At Harvad Business School’ The same author has written an interesting book ‘The Terrible Truth About Lawyers what Every Business Person Needs To Know’ This book contains lot of useful suggestions for the litigants.

We have been emphasizing importance of constant and regular communication with our clients. Recently we faced a problem when we found that there was no communication. We had no option but to send repeated mails followed by phone calls and SMSs, Finally the party came up with the proposal that we may chat on g-mail. The said chat of 26.10.08 was saved and is reproduced below. The names of the persons and place has been altered to maintain the professional secrecy and not to cause any aspersion on anybody.

Whatever may be the reasons, quick response to the communication is first essential step in dealing among ourselves.

Ahemdabad-Anil: i had been to golpudi in andhra may be because of water throat is paining terribly cannot speak it pains when i try to speak

me: I am sorry to give u trouble when u are unwell, u could have asked ur father or Yashwant to talk to me.

Ahemdabad-Anil: it's ok they are all busy in their work because i was not in station Mr. Yashwant was also in mumbai i belive and he came back yesterday i think

me: Anyway first of all, let me wish u a speedy recovery. Also we wish u and ur family a very happy and prosperous Diwali.

Ahemdabad-Anil: i wish you and your family very happy and prosperous deepawali and i will be alright in two or three days

me: As u know that it is for the fist time we have extended credit to U and now it will be the last to anybody as we don’t want to spend our time and energy for follow up

Ahemdabad-Anil: it is not about credit as and when you have asked we have paid but there is some difference in amounts and some application which had no use so that needs to be cleared and about TDS also

me: As regards bills, all the covering bills for the payment made will be provided so that ur advances are squared up.

As regards TDS, u may deduct the same as soon as u make any payment and the certificate be provided in time.

Ahemdabad-Anil: yes please send urgently the bill so that accounts gets cleared and it becomes very easy to process OK we will deduct TDS and provide you the certificate.

me: as soon as u get well say in 3 to 4 days, please lay down the schedule for clearing the payments

Ahemdabad-Anil: oh no problem i will inform the schedule no need to worry about the amount please send the bills urgently by courier and also a soft copy so that my accounts people pass the nessary entry and it becomes very easy to understand for them also that what amount is payable than it becomes very quick i hope you understand

me: Bills will be sent through e-mail. Schedule is not linked with the bills but the work done. Anyway in future, we will not allow to pile up.

Ahemdabad-Anil: also please send the bill and receipts for conference charges as that amount also is showing as advance

me: That will be done. In future single transaction to be settled before proceeding to next.

me: Pl tell Yashwant that it is not good behaviour on his part to ignore my phones. I found that his phone was working as some times it was busy, even then he was not replying. He did not respond to my SMS also. Has he forgotten the conference. He must have seen behaviour of Senior persons like Mr. Malik towards me. If I give one ring to him, he replies immediately. He came to conference two days in advance and stayed two days thereafter. He is going to present my video arguments to Chief Justice of Supreme Court. Mr. Yashwant must send his apology through mail otherwise he should not seek our guidance in future.

Ahemdabad-Anil: and i hope any work we discuss in future has to reach before time and not on last min. as their is procedural difference in the application and every thing has to rework according to procedure followed in Ahemdabad and also i and advocate also needs to understand the application to file other wise it becomes very difficult to rework the application and if some time there are two or three cases than the application cannot be filed in time.

Ahemdabad-Anil: he will not pick up the phone if he is in roaming he is more worried by the telephone bills may times i also tell him but

me: In future you also should not repeat this incidence of avoiding our phones, SMS and e-mails. Dubeyji is also feeling hurt. He devoted lot of time for ur urgent work and provided u lot of guidance and advice but u ignored his several phones. U should send an apology to Dubeyji through mail and ensure that in future, his communications are not ignored.

Ahemdabad-Anil: their is no question of avoiding or not picking up the phone call and infect i had sent emai to Mr. dubey ji as soon as come to know about his call and had also informed why it was not possible for me to talk to him and i also had sent you the email about why i cannot speak. infact even know my mobile is under silent mode and i am not picking any phone calls as i just cannot speak.

me: This chat is being saved and will be send to Dubeyji and Yashwant. The above story will also appear in Weekly Mail without name of the persons

Ahemdabad-Anil: infact as and when the phone call comes i immedtaly call back whether you or Mr. Dubey ji and never worry about telephone bill which you are very well aware and just yesterday i think is the first time that phone could not be anwered and the reason for that i had already informed you yesterday's mail to you and to Mr. Dubey ji, and i will also forward you the email sent to Mr. Dubey ji and to you also along with the time when i send you the mail. and it was very surprizing to note that you had given so many calls very well aware of the situation in fact all your email also are replied very promptly .

Ahemdabad-Anil: you pelease save this messages and put it on web site and also forward it to Mr. dubey ji and ask him how many times has he called.

(a) Consequent on our emphasis based on Legal Research in the matter of review, our Clients and Advocates have started using this important tool to improve the quality of litigation at the trial stage. One of our clients at Indore first filed Review in DRT, Jabalpur and subsequently before expiry of limitation, appeal was filed in DRAT, Allahabad. Since the services of the PO at Jabalpur has been terminated on account of corruption charges and new PO has not yet been posted, the Appeal in DRAT came up for hearing. Under such situation, we should have not allowed the Appeal to proceed till Review is decided. It is non of the fault of the citizen litigants that their right of Review can be overlooked just because a public servant Judge has not been posted.

(b) In another case of our Madurai clients, the PO Madurai has not passed a reasoned judgment on Review. He did not go through the written arguments and did not comment anything on the SC Citations. These points need to be raised by way of amendment in the Appeal already filed with DRAT Chennai.

(c) It has been informed by our clients that the POs are getting irritated and start misbehaving on such Reviews and Appeals. The Judges with such behavior are violating their statutory duties. We have asked our clients to put down their demeanor in writing with two witnesses and submit before the said judge to make it part of the records.

(d) The litigant borrowers and guarantors have no option to ensure that the trials in DRTs are conducted strictly by law and procedure of law. Any lapse will result in inherent weakness in the case which can not be corrected by the higher courts. One should not worry on the delay otherwise spoiled case due to hurry after all is going to result in defeat. The best course is to file counter-claim so that the delay does not affect due to increase in the interest even if there is delay.

(e) On the topic of the Review a copy of our mail sent to one of our client is reproduced below. We have given citations of important judgment as well as our comments on this important matter of Review. Every litigant borrower and guarantor must comprehend all these aspects so that there is no lapse on part of his Advocate.

(f) For further details on this matter, one should view the DVD No – D-013 of the Indore Conference.

From: Ram Kishan [mailto:ramkishan@drtsolutions.com]
Sent: Tuesday, October 21, 2008 1:14 PM
To: Indore-PithampurPolyproductLtd
Subject: Mail from Ram Kishan

Dear Mr. Tekriwal,

(1) Our approach was based on following considerations:-

(a) The leading judgment on Review is 1993 Supp (4) Supreme Court Cases 595, S. Nagaraj & another vs State of Karnataka & Others, Para 18 and 19 lay down the importance of Review.

(b) The legal provision of 'Review' dates back to ancient time of 'Court of Equity' in England. Accordingly such provision of Review was incorporated even in CPC 1859. These historical facts and importance of Review are mentioned in AIR (35) 1948 Allahabad 353, Behari Lal vs M.M. Gobardhan Lal. As per para (48), 'There are certain situations for which a review is a more appropriate remedy than appeal'

(c) Unfortunately in our country, the present generation of advocates and judges are not paying due attention to the importance of Review. This is just for your information that in 1946, a review petition filed in High Court of Travancore contained 92 grounds for review vide para no 29 in 1954 AIR (SC) 526, Moran Mar Basselios Catholics vs Moat Rev. Mar Poulose Athanaslus This is another leading judgment on ingredients of Review.

(d) Another leading SC judgment is AIR 2005 Supreme Court 592 Board of Control for Cricket India vs Netaji Cricket Club

(e) There are 80 judgments on Review delivered by the Supreme Court of India Depending on the facts, suitable judgments have to be cited to prove our contentions.

(f) For further details, you may view the DVD No - 013 of Indore conference

(2) Based on above, we could have emphasized stay of the appeal to enable us first to excercize our right of review. In that eventuality, the appeal should have not been proceeded with.

(3) This is just for your information that recently when we started arguing a Review Petition, the DJ Indore mentioned that the argument be limited to 5 to 10 minutes. We requested him just to hear the arguments. After hearing the matter for one and half hours, the judge became so much interested to hear further that he enquired as to how much more time you want, we said 2 hours. He further permitted 2 hours. Thus instead of 10 minutes, he permitted 3 and 1/2 hours.

(4) Since the judges are heavily overloaded and they are under heavy pressures for quick disposal, the chances of defective orders have gone up tremendously. The first remedy is Review which must be carried out thoroughly with written arguments. If the judge does not listen, one should go for change in court.

(5) In view of above, wherever possible, we are emphasizing the importance of Review and change in court. We can achieve justice only when we are thorough in securing it.

(6) In respect of your case, since the appeal has been disposed off by DRAT, the jurisdiction of DRT hearing the review has come to an end. The next course of action is to appeal to High Court.

With best wishes,

Ram Kishan

One of our recent clients from Chennai called on us. He spent time with us nearly for 18 hours on two days when we enlightened him with the essential concepts of Industry, Banking and Judicial process apart from laying down strategy for his case. His following mail is self explanatory:-

On Thu, Oct 23, 2008 at 4:03 AM, PREM KUMAR wrote:

DEAR SHRI RAM KISHAN JI / SHRI DUBEY JI,

IT WAS A GREAT OPPURTUNITY MEETING TRUE INTELLECTUALS AS YOU, WHOSE MISSION IS TO OFFER RELIEFS TO ALL THOSE IGNORANT ENTREPRENEUERS AS MYSELF STRANDED IN THE WEB OF SELFISH, MINDLESS, HEARTLESS SECURED CREDITORS AND FURTHER MISLEAD, EXPLOITED AND FEASTED UPON BY THE ADVOCATE WHO WAITS UNDER DARK SHADOWS LIKE THE WICKED HYENA WAITING FOR ITS TURN TO DEVOUR THE LEFT OVERS OF THE FALLEN.

IN THE PAST THREE YEARS SINCE I FACED THE CRUNCH, LATER TO CLOSURE OF MY BUSSINESS, SUBSEQUENT HAPPENNINGS WHICH LED TO LITIGATION, I HAD CONTEMPLATED HUNDREDS OF TIMES TO END MY LIFE. THE ONLY QUESTION WHICH CAME TO MY MIND WAS, WHY SHOULD MY WIFE AND CHILDREN CARRY THE BURDEN OF DEFEAT FOR NO FAULT OF THEIRS. IT IS LIKE THE DREADFUL DISEASE PASSED ON TO YOUR DEAR ONES FOR THE SINS YOU HAVE DONE. IF ONE WAS WISER ENOUGH, THESE SITUATIONS WOULD HAVE BEEN FEWER.

BUT WHERE DOES WISDOM LIE?

IT IS OUR AGE OLD TRADITION SINCE AGES THAT WISE PEOPLE TRAVELLED ACROSS NATIONS AND SPREAD THE WORD OF WISDOM AND REPOSED CONFIDENCE IN THE WEAK AND INTIMIDATED, WHICH MADE THEIR MINDS STRONGER AND ULTIMATELY WINNING THE BATTLES OF LIFE.

THE PLEASURE WHEN ONE BEGINS TO AQUIRE SUCH KNOWLEDGE IS HIMALAYAN. IT GIVES COURAGE AND DETERMINATION TO LIVE ONCE AGAIN OPENING NEW VISIONS FOR ACTIONS ONE MIGHT DARE TO ONLY IN THE NEXT BIRTH.

I HAVE ASSIGNED MYSELF TO THIS YAGNA IF NOT ABLE TO CHANT THE HOLY MANTRAS, WILL BE ONE OF THOSE SPREADING THE WORD, DRAWING THE SICK TO THIS CONGRESSION TO RENEW LIFE IN ITS AMBIENCE.

I FEEL IT AS A DUTY AND NOT SERVICE.

NAMASTE

PREM

From: Ram Kishan [mailto:ramkishandrt@gmail.com]
Sent: Thursday, October 23, 2008 5:54 AM
To: PREM KUMAR
Cc: Indore-Dubey
Subject: Re: MY VISIT

Dear Mr. Prem Kumar,

We appreciate your grasp and expression of the true state of affairs. The law and procedure of law is highly developed. Whenever you find time, please view the DVDs of the Indore Conference. The task ahead is gigantic. The entire beauracracy (bank and judiciary) is against the concepts and desires of the trapped entrepreneurs. Perfect pleadings and perfect adjudication on all dates at the trial court is the first requirement to establish the facts judicially relating to the wrong doings committed by the banks. Once it is done, next important step is proving of the consequent loss and damages. The process is long drawn, time consuming and expensive as lot of records are to be created at the bottom courts. It is only after winning the case in trial (i.e. the first part), one will have to pursue the second part when the bankers appeal to higher courts. The best legal brains in higher courts at the instance of the bankers will try their bests to mislead the judiciary. Here the the said records created at the bottom courts combined with the perfect knowledge of law and procedure of law will alone counter-act the impending misconceptions of the judiciary.

The above is required to be done by all the conscious citizens in their own battles against the beauracracy if they desire to usher in long sought after democratic way of life since we enacted the Constitution of India.

We are confident that one day we will have freedom as few of our clients like you have understood the concepts as well the process of implementation.

With best wishes particularly on the auspicious occasion of Deepavali (a festival of light to dispel the darkness of ignorance),

Ram Kishan

Mr. Firoz Poonawalla has been kind enough to send us wonderful mails. One of the most important one is reproduced below:-

An eye opener for us. Doesn't every thug of our ruling class deserve to be hanged!!

The Life of Iranian President Ahmedinejad

The FoxNewsTV (USA) asked the Iranian President Ahmedinejad,

'When you look into the mirror in the morning what do you say to yourself'?

He answered: I see the person in the mirror and tell him 'Remember' you are no more than a small servant, ahead of you today is the heavy responsibility, and that is to serve the Iranian nation'.

Ahmedinejad, the Iranian President who astonished many when he first reached to the office of the Presidency by donating all the high valued Iranian carpets to one of the mosques in Tehran by replacing them with the low cost ordinary carpets. He observed that there was a huge extravagant lounge for receiving and welcoming the VIPs and he ordered it to be closed and asked the protocol office to arrange for an ordinary room only with wooden chairs.

On many instances he joins the cleaning staff of the municipality for cleaning the streets in the area where his home and the Presidency are located.

Under his authority whenever he appoints any minister to his post he gets a signed document from him with many points particularly highlighting that he shall remain poor and that his personal and his relatives accounts will be watched and the day he leaves the ministry shall be with dignity, and therefore it is not lawful for him or his relatives to take any advantage of his office. First of all he declared himself for all the 'Big' wealth and the property he owned was a Peugeot 504 car, model 1977, an old small house inherited from his father 40-years ago in one of the poorest zones in Tehran. His accounts with a zero balance and the only money comes in to his a/c was from his salary from the university as a lecturer with an amount of US$ 250 only.

For your information the President still lives in that same house. This is all what he owns; the president of one of the world's important countries; strategically, economically, politically and with regard to its oil and defense. He even doesn't take his personal salary with the argument that all the wealth belongs to the nation and he is the safeguard over it.
One of the things that impressed the staff at the presidency is the bag the President brings with him every day, which contains his breakfast; some sandwiches or bread with olive oil and cheese prepared by his wife and eats and enjoys it with all happiness.

One of the other things he changed was his personal carrier 'the President's Aircraft' to a cargo aircraft in order to save the spending from the public treasury and he ordered that he will be flying with the ordinary airline in the economy class. He organizes meetings every now and then with all the ministers to know their activities and efficiency and he closed down the office of the Manager of the president and any minister can enter to his office without any permission. He also stopped the welcome ceremonies like the red carpet, the photo session or any personal advertisement or respect of any kind while visiting any place in the country.

Whenever he has to stay in any of the hotels he asks them to make sure not to give him a room with any big bed because he doesn't like to sleep on beds but rather likes to sleep on the floor on a simple mattress with a blanket.

Refer to some of the photographs which also confirm the above. The Iranian president is sleeping in the guest room of his house after getting away from his special guards who follow him wherever he goes and photo is taken by his small brother according to the Wifaq Newspaper which published this photo and the next day the photo was published in most of the world's newspapers and magazines and particularly the Americans. During the prayer you can see that he is not sitting in the first row. And the final photo is of his dining room where the president is busy eating his simple meal.

Try comparing this with the emoluments and privileges our ministers get .... plus the amount they loot

(1) Chief Justice. Supreme Court of India informed about ‘Video Arguments’:- Following communication has been sent to the CJ, Supreme Court of India :-

(2) Chief Justice. MP High Court informed about ‘Video Arguments’:- A similar communication has also been made to the Chief Justice, MP High Court about the ‘Video Arguments’

(3) Web Site of Legal Forum of India:- A web site of 'Legal Forum of India' is nearly ready and will be launched shortly. The URL is www.legalforum.in

The remedy of ‘Review’ has an ancient origin right from the ‘Court of Equity’ vide pg. 842 “Commentaries on The Laws of England’ by Sir Blackstone, 1877 (American Edition) 4^TH Edition 1938. It was also incorporated in CPC 1859. Even in 1952, in Supreme Court of India, an appeal was filed wherein there were 92 grounds for Review.

Compared with 1952, in the present time, the judges are heavily loaded, matters are more complex, and there is huge shortage of time for everybody, huge pendency which is growing at much faster rate and hence there is pressure for quick disposal. All these factors naturally are causing much greater incidence of ingredients for Review in judicial orders. Thus the scope for Review has been greatly boosted.

The Indian Advocates and Judges have not been paying adequate attention to Review. When we analyzed all the above factors and did lot of research on ‘Review’, even highly experienced advocates and judges agreed with our conclusions. This matter has been covered in much detail in DVD No 013 of the Indore Conference.

As per the provisions of CPC 1908, if Review has been filed and if it has not been decided and appeal is also filed to avoid bar of limitation; as per the provisions of law, until and unless Review is decided, the adjudication on appeal has to wait. This has also been confirmed by the Supreme Court.

In case of one of our clients of Ludhiana, when the claim of the bank and counter-claim of the borrower, both, are under adjudication and when prima facie, the counter-claim is much more than the claim of the bank i.e. there is no debt due, the winding up of the Company , if ordered, is liable to be set aside.

The use of IT Technology and computers among legal community is going up day by day. Hence in some of the weekly mails, we shall be including important aspects of IT Technology.

If you are regularly using a desktop or a laptop, you must carry out defragmentation from time to time. This will enhance the speed of operation.