DRT Legal Solutions
(Debts Recovery Tribunal Legal Solutions) is an India based
Law Firm specializing in DRT, Securitisation, Sarfaesi, IBC, 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 - +91-9691103689, Off. & Res. +91-731-4049358
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However, the latest findings in various hospitals show that the majority of osteoporosis patients are
not caused by lack of calcium.
Their bones are complete and absorbing calcium. So what is wrong with them? CT scan results show no signs of osteoporosis, yet, the patients easily suffer from bone fractures. What's going on?
Here, we came to know about a new strain of osteoporosis that was discovered since about two years ago.
The most common type of bone fracture nowadays is "spinal fracture". If spinal fracture occurs, the risk of death is eight times higher than any other type of bone fractures.
What is the reason that bones are weakening? Why do patients suffer from broken spine?
It is an important factor to have bone strength, not just bone density.. Bone collagen connective tissues are also an important factor to create flexibility.
Many of us didn't realize this at first sight. In the past, osteoporosis was viewed more on bone strength, and we never hear and realize about these connective tissues.
To improve bone density
, it's a common knowledge to do regular exercise and have a higher calcium intake like by eating calcium-rich dried fishes.
But now, we have to think of a new measure to maintain bone collagen connective tissues to have enough flexibility. From this simple measure, you may escape from the risk of death caused by fracture of spinal bones.
To measure or determine strong bone and bone mineral density are not as easy as what you may think.
Clinically, it has to pass various tests.
Well, what is the major cause that leads to reduction of bone collagen connective tissues? Do you believe that it is
because of high blood sugar?
The major component of bone, which is about one half of its structure, is calcium, and collagen is the other half. Collagen fibres run through hundreds of bone materials (calcium), and the bones that we know are made.
You can imagine that the bone materials (calcium) are somewhat bonded by collagen and kept with reasonable flexibility. However, when blood sugar increases, the collagen will be joined as if there is an adhesive cement around, and the bone will become brittle.
To avoid the increase of blood sugar, exercise is one of the best things to do
. Aside from it, we recommend you to take a balanced diet that contains vitamin B12 and vitamin B6, and foods such as mackerel, sardines, clams, folic acid, broccoli, spinach, garlandchrysanthemum, soybeans, and asparagus.
By taking these foods, you can have strong flexible bones.
## 3 COMMON MYTHS ON OSTEOPOROSIS
Young people should not worry about osteoporosis.
. You will not realize that you have osteoporosis until you have this condition in advanced stages. That is why it is very important to begin proper nutrition and regular exercise as early as childhood to promote healthy bones.
Only women get osteoporosis.
. Although less common, men can get osteoporosis, too. 20% of those affected by osteoporosis are men.
Drinking plenty of milk will help you prevent osteoporosis.
Not entirely true
. Even though drinking milk is a good way to get calcium, it is not the only factor in preventing osteoporosis. There are others as mentioned in this article.
Important Announcement made by Swami Ramdev and Anna Hazare
The following is the important announcement made by Swami Ramdev and Anna Hazare:-
The candidate proposed by the Congress Party in the ensuing Hissar Election should not allowed to win. They and their followers will make all out efforts in this direction. The reasons given by them are as under:-
(a) The lathi charge on the night of 4th June ’11 at Ram Lila ground on the innocent persons including ladies and children has been the most heinous crime committed by the Congress Party. It was so brutal that Rajbala died after struggle of 114 days. The Congress Party must pay a very heavy price so that their candidates should not be allowed to enter the parliament.
(b) The Congress Party scuttled the framing of Jan Lok Pal Bill first by accusing the members of the Civil Society and then making false promises despite such a massive support by the public.
The Congress Party first lost in Damoh then in Jamshed Pur and now will lose in Hissar. Since the Congress Party with their allies has majority in the Parliament, if the Jan Lok Pal bill is not passed in the winter session, Anna Hazare has warned the Congress Party that he will campaign against Congress in the ensuing elections in five states.
All the intellectuals and responsible citizens must defeat the designs of the dirty politicians who first come to us with folded hands but once elected don’t hesitate to lathi charge the innocent citizens who demanded actions against the black money and corruption. Many of them are goonda elements and looters of public money as may be seen from their returns. Are we so incompetent to make such people to boss over us? These are the utterances of Swami Ramdev and Anna Hazare. As a responsible citizen, we must spare some of our time on daily basis to spread their message in our family, friend circle and society.
DRT Solutions Weekly Mail – 177th Issue dated 30th September ’11
(1) Audio Recording of Court Arguments in DRTs
We have been repeatedly emphasizing to our clients for audio recording of court room arguments. On 23.09.11, one of our clients made such record and the audio clip was mailed to us on 26.09.11. Our actions were as under:-
(a) We listened to the said audio recording and got the first hand information about the arguments conducted by both the parties as well as the questions asked by the Judge. The matter was part heard and the arguments were to be resumed on 30.09.11.
(b) Mr. Sharma, our associate and ex-GM(Law) made a thorough legal research and relevant citations and articles were mailed to the client on 27.09.11. Such material will be highly useful to the advocate.
Our comments are as under:-
(c) Had such audio record not sent to us, we would have not come to know about the finer points and such valuable feedback by us would have not been possible..
(d) In view of above, we again request all our clients to make necessary arrangements for audio recording of the arguments and mail the same to us. Initially actual field trials be conducted for recording as well as e-mailing the said audio clips.
(e) In USA, there is practice of above mentioned recording since 1935. The audio clips as well as the transcripts are completed on the same day and are provided to both the parties. In or country, we have not yet started this important practice.
(f) Record of actual Court room arguments is an important record and evidence without which the court proceedings are incomplete. Written arguments is not the actual and not complete record of the said court room arguments. Any amount of written record can not meet with the standard of quality and quantum of the said oral arguments.
(g) It will be highly valuable to our clients as they will get necessary feedback, guidance and suggestions as well as useful citations from us.
(h) Such recording can be carried out on suitable voice recorder or mobile phone. The audio files can be compressed to MP3 format and may be mailed in batches not more than 25 gb each.
(2) Misconceptions of the Advocates about the DRTs
One of our clients from Delhi met few DRT Advocates and had a discussions with them and conveyed to us their following impressions which are totally wrong. The said advocates may not have necessary knowledge and experience of actual trials relating to banking. Our comments are as under:-
Impression No 1 :- DRT is nothing but just a Recovery agency of the bank and judges are their recovery agents appointed by the banks and cannot go against bank at any costs.
Our Comments :- DRT is the only trial court where the banking cases are adjudicated. Conducting thorough trials depends on the advocates. Since most of the advocates in DRTs are young and don’t have real practical knowledge of trials, they have formed such impressions. Had it been so, why few of our clients have won cases against the bank. It is relevant to mention that 4 banks having claim of nearly Rs. 90 crores against one client lost the securitization case. In anther case on account of the counter-claim, the bank was forced to settle for amount less than 5% of the claim.
Impression No 2 :- DRT must and will surely act in favour of bank, come what may happen.
Our Comments :- If perfect pleadings are made and case is fought perfectly on every date, the DRT Judge cannot favour the banks. If borrowers are vigilant and act as per our guidance and advice, the judge can not show any favour as he is required to give all his orders in writing and if there is any favour in writing that will be removed in Review or Appeal.
Impression No 3 :- DRT is not competent or willing to listen to us, other than concerning our bank loan. We need to file a Suit against the Bank in Delhi High Court.
Our Comments :- Consequent on establishment of DRTs, the Civil Courts do not have jurisdiction vide Sec 34 of the Securitisation Act and DRT Act and hence filing such suit against bank in High Court will be a wasteful exercise. If the advocate of the borrower is competent and experienced, he can definitely obtain favourable results from DRT or higher courts.
DRTs were formed consequent on the Tiwari Committee Report vide RBI Publication of 1984. In the said report it is mentioned that the DRTs will be manned by i.e. the DRT Judges and DRT Advocates having knowledge and experience of banking, industry and finance. Such recommendation has not yet been implemented even after 18 years of enactment of the DRT Act.
Despite orders of the Supreme Court, the tribunals like DRTs still continue under the Ministry of Finance instead of Ministry of Law.
Hence for the borrowers advocates, it is all the more important to highlight these facts in all their arguments and file review and appeal against all the orders which are legally defective.
(3) Thoughts on Life
Mr. Firoz Poonawalla has sent the following beautiful piece:-
But a long journey is just
like few steps
Ambedkar did not like the present Constitution – He said that he will be the first person to burn it
From page 386 of the book ‘Worshipping False Gods’ by Arun Shourie, 5th Impression 2001, published by HarperCollins, the following extract is reproduced:-
“Sir, my friends tell me that I have made the Constitution. But I am quite prepared to say that I shall be the first person to burn it out. I do not want it. It does not suit anybody …..”
From page 385 of the said book, the following extract is reproduced:-
“ Oh, you are the maker of the Constitution” My answer is that I was a hack. What I was asked to do, I did much against my will”
DRT Solutions Weekly Mail – 176th Issue dated 23rd September ’11
(1) 25% Deposit with the Appeal u/s 18 in Securitisation Act – recent Case of One of Our Clients
One of our clients from Mumbai called on us and discussed the following points:-
(a) The DRT Mumbai decided the Securitisation case. The borrower appealed to DRAT Mumbai u/s 18 of the Securitisation Act. The question of deposit came up before the DRAT. The DRAT observed that the alleged debt due was Rs. 8 crores. The assets were sold for Rs. 7.6 lacs. Hence the DRAT Mumbai waived the prescribed deposit in the said appeal u/s 18 of the Securitisation Act.
(b) After issue of the said order of waiver, the Chairperson of DRAT Mumbai retired. The Chairperson of DRAT Kolkata is looking after the work of DRAT Mumbai.
(c) The opposite party questioned the said order of waiver of the deposit.
Our comments were as under:-
(i) As per Section 31(j), amount due is less than 20% and hence the provisions of the Act shall not apply and hence there will be no deposit. The matter is still going on.
(ii) We found that the party got counter-claim prepared from us but they did not file it. We advised them to file the same as early as possible as it was the only final defence. After filing the counter-claim (which is much more than the claim of the bank, the situation of ‘No Debt Due’ will be created and hence the said deposit will not be required.
(iii) In this case, the borrower may have been saved. But we have been repeatedly emphasizing that the constitutional validity of the said deposit must be questioned by the borrowers but it has not been done so far. Hence all the borrowers will suffer greatly if such provision of 25% continues.
(2) Admission of Debt in Balance Sheet – Our Contentions proved true vide Recent Judgment of Bombay High Court
With reference to Rule 12(5) of the DRT (Procedure) Rules, 1993, we have been advising the borrowers to make a note in the balance sheet about the disputed bank overdues, to mention about the loss and damages as well as the counter-claim etc. Such note should be brought to the notice of the auditor so that he also mentions these points in his audit report.
Our above contentions were proved right vide the recent Bombay High Court judgment delivered on 01.12.2010 in W.P. No 5309 of 2010 in the matter of Inteltek Automation Pvt Ltd vs Indusind Bank Ltd. wherein the DRT decreed the debt mentioned in the balance sheet ignoring the note in the balance sheet. The DRAT also upheld the verdict of the DRT. These contentions were reversed by the Bombay High Court stating that due to the said note as well as the auditor’s report, there was no express admission of the debt and hence the judgment of the DRAT was set aside.
(3) Why do we shout in anger?
Mr. Firoz Poonawalla has sent the following beautiful piece:-
A saint asked his disciples, 'Why do we shout in anger? Why do people shout
at each other when they are upset?'
One of our clients has sent attached presentation which gives interesting secrets of Nehru Gandhi family
DRT Solutions Weekly Mail – 175th Issue dated 16th September ’11
(1) Decision of Judge depends on Pleadings and Petitioner’s Advocate
Since 1989, we have observed the following phenomena in the trial courts:-
(a) First step and the foundation of the entire litigation depends on the pleadings. In banking cases, the pleadings must be prepared by a person having mastery of facts (i.e. banking, industry, finance, law of damages, law of torts, CPC, banking laws, RBI Guidelines, law of evidence and since 1993, DRT Act, Securitisation Act, procedural laws relating to the DRTs etc).
(b) The judges are mostly favoring the banks. Hence the pleadings as well as the advocates of the borrowers become very important.
(c) Since in banking cases, the complex facts relating to the banking, industry and finance are involved, proper pleadings covering all the aspects to these factors are required. Even borrowers are not knowledgeable about these technical aspects relating to the said factors. If the services of the experts with due support of the legal aspects is not utilized and only the borrower himself alone is involved in getting the pleadings prepared by normal advocates, there will be numerous deficiencies. Further in the court, the case is contested by the said advocate (not having special expertise in banking, industry and finance), one should not expect proper results from such trial.
(d) In civil courts, the cases used to take 10 to 20 years and due to such long time portion of the deficiencies used to be got corrected if there is active involvement of the borrower otherwise the trial became highly time consuming and expensive.
(e) The procedural law was well defined due to the CPC 1907 and the Indian Evidence Act, 1872. The precedents were documented and classified for a period over 100 years. Senior Trial Lawyer has several juniors who used to go through the said precedents and the arguments were prepared based on such precedents.
(f) The scenario underwent a remarkable change with the creation of DRTs in 1993. There were no advocates and mostly young advocates fresh from the colleges started practice in DRTs. There were no precedents. The DRT Act 1993 and later the Securitisation Act 2002 were conditional legislation mentioning certain time limits for expeditious actions at various stages. The formal inclusion of counter-claim was introduced in 2000. The quality of pleadings and standard of arguments were obviously poor. On account of such sorry state of affairs, we introduced suitable pleadings based on comprehensive knowledge of banking, industry, finance, law of torts, law of damages, law of evidence etc. Our guidance and advice helped the arguing advocates.
(g) The Tiwari Committee Report, 1984 of RBI on basis of which DRTs were constituted mentioned at page 77 that the DRTs should be manned by (i.e. the Judges and Advocates) should have specialized knowledge in banking, industry and finance. But till date this basic requirement has not yet been implemented.
(h) On one hand, there is pendency of more than 3 crore cases in the country and a sitting judge of AP High court has said that it will take 320 years to clear the pendency. Hence it is ridiculous to mention that DRTs should decide the cases in 6 months.
(i) Despite verdict of Supreme Court, the DRTs are not being transferred from Ministry of Finance to Ministry of Law. In several DRTs there are agitations against the POs on account of obvious favour to banks.
(j) In UK, the concept of Tribunal was introduced in 1800 and the procedural law was evolved through court battles which lasted 157 years and it is only in 1957, Frank Committee decided that the supervision and monitoring on the tribunal should be by a public bodies.
(k) In our country the judiciary is not so professional to learn from experience in UK and USA. We are struggling to evolve our own laws but the litigants are suffering greatly.
(l) Some of our clients could afford the services of senior advocates and the results were definitely much better. We published the success stories in our web site since 2000. To spread the knowledge, we organized All India DRT Conferences in May 2008 and January 2011. We started weekly mail from June 2008 wherein our practical comments helped our clients and their advocates.
(m) We are not against the junior advocates but it is pathetic to observe that on account of their inexperience in trial court, the DRT judges have become arrogant and the litigants are greatly suffering.
(n) Under the above facts and circumstances, we observed that all the success stories have two common factors i.e. Proper Pleadings and Senior Advocates. That is why our slogan since 2000 has been perfect pleadings and perfect advocacy on all dates.
(2) Copying the Pleadings will not help at all
Recently we have come across a case where a counter-claim was prepared by copying our pleadings. We observe that even the copying was not proper as there were several mistakes. If the person who has done such copying does not have intimate knowledge of facts and laws related to banking industry and finance as well as no experience of trial court, such copying will land the borrower in trouble as we provide suitable guidance and advice on all dates and such services will not be available in the case where copying has been done. When the borrower approached us for advice, we declined as the pleadings were not prepared by us.
(3) The Courts in India 2500 years back had 3 Juries from public
Recently we happen to hear a discourse by Swami Pradumn Maharaj (Guru of Swami Ramdev) on Manu Smriti. Such discourse are televised from 4AM to 5:30AM daily on Sanskar Channel. When he was dealing with the Chapter VIII and mentioned that the King appointed Judges in the courts and in some courts there were 3 juries to assist the Judge, we became curious and studied the Manu Smriti.
Manu Smriti is one of the oldest and probably the most important of the smritis which contain the laws (conduct in life) that need to be followed in various orders of life and by persons of various tendencies (varnas)
In Chapter VIII, it is mentioned in Slokas 9, 10 and 11, that the suits which were not personally investigated by the King, were assigned to the Court which consisted of learned Judge assisted by 3 learned persons from public.
The role of the said 3 learned persons must be like Juries in USA where verdict of the Juries is given due weight and attention.
Thus our courts 2500 years back were much more advanced to achieve justice.
Our present court system was established by British and it had the jury system. The said Jury system was abolished after the famous Nanavati case. But the jury system still continues in USA.
In our view, the DRTs need jury system of Manu i.e. if there are 3 eminent persons (businessmen and or industrialist) as Juries to assist the Judge in DRT, the decisions will be far better than at present.
(4) Great Truths
Mr. Firoz Poonawalla has sent the following beautiful piece:-
1. We hang the petty thieves and appoint the great ones to public office.
A Daring Mail from Student of IIT Mumbai on Rahul Gandhi
Received this mail from Nitin Gupta (Rivaldo) B Tech, IIT Mumbai, Hats Off to him. Send this to all educated people (hope they understand) and explain to all uneducated people (as many as possible) –
DRT Solutions Weekly Mail – 174th Issue dated 9th September ’11
(1) Our Client gets a Favourable Order from SC regarding transfer of Damage Suit & Criminal Action against Bank Officials
One of our clients from Mumbai informed last week that his transfer case of damage suit as well as criminal action against the bank officials reached upto SC which ordered that the said damage suit and the criminal case must be decided in one year time by the trial court. The mail dated 2nd Sept received from the said client is reproduced below:-
“Fri, Sep 2, 2011 at 1:29 AM
Pl find attached Supreme Court order in our banks transfer petition. The Bank wanted civil case to be transferred to Mumbai instead of at Silvassa (So that it can’t be decided in next ten to twenty years). in the same order court also directed Silvassa court to expedite criminal case filed against banks 7 recovery officers for theft along with civil suit for damages in any event within one year from the date of communication of this order. Our case in the Supreme Court was persuaded by the advocate Jay Choksi who had engaged senior counselMs. Indu Malhotra for the same.
We think this will be the first damage suit against any bank in India to be decided by civil court within 4 years time.
With kind regards,
(2) Mass Action against an Arrogant PO DRT
One of our clients informed that the relevant PO (originally a bank official) was openly favoring the banks, was not listening to the arguments of the advocates from the borrowers. Accordingly a group of borrowers initiated mass action, complained to the Ministry of Finance, prepared a mass petition to be filed in High Court. The matter is expected to covered in printed and electronic media.
(a) In USA, the Judges are appointed after open proceedings before the public. The complete procedure is available on the internet. It is only after satisfactory analysis and comments on the behaviour and conduct by the public, the judges are appointed.
(b) In UK, the supervision and management of the tribunals is by a public body since 1957.
(c) When the present court system was started by Greek, the first legal procedure based on principles of natural justice related as to how the Judges and Courts will work.
(d) In USA, there is separate Bar for Trial Lawyers. No junior advocate can conduct a case himself. He can only assist a Senior Trial Lawyer. Period of 7 to 10 years is prescribed before he can be declared eligible for independent practice.
(e) Even in our country, the practice of CAs is closely controlled by the Institute of Chartered Accountants. No audit work is independently given to junior CAs. Practice of several years is prescribed and till then they to work as juniors to the senior CAs. Even for private audit, the firms interview the CAs and collect their reports from other bodies and clients and then only independent audit is given.
(f) We are not against the junior advocates, but if they are allowed as at present to argue before the DRT judges, they are unable to force the judges to abide by law and hence the judges become arrogant and misuse the power and position. This must be prevented in the trial otherwise the appeal in Securitisation matters is nearly impossible due to minimum 25% deposit. Despite our repeated emphasis, no body is taking up this matter as PIL.
(3) I Claim to be Your Friend
Mr. Firoz Poonawalla has sent the following beautiful piece:-
Following Mail from an Student from IIT Delhi should open our Eyes
Even though I have least interest in politics and social service, I somehow feel compelled to express what I am going to express below. If I were Om Puri or Kiran Bedi, I would have been so happy to be summoned for the breach of parliamentarians privileges. I would have made the following assertion while availing of the opportunity to defend my utterances.
I have been called here to speak and explain why I said what I said about the members of this house. First of all I would like to thank you for having invited me to speak here and explain my position and thought process behind my utterances. In fact, I could not use the actual words that I intended to use to describe the special attributes of the members of this house. I actually wanted to call them chor, dacoit, gunda, badmash, lutera, byabhichari, ganda and ghrinit log however I could not utter these words amongst the civilized members of the civil society. I do not feel any restriction in uttering these words here because in this community people feel more at home with these kinds of adjectives. I have my specific and definite reasons to think of these objectives when I think of the current day parliamentarians who are members of this house. When the founding fathers of the constitution drafted the provisions for the special privileges for the members of the central and state legislature, they could not even imagine in their dreams that a day would come when members of this house would be in jail for being prime suspects in spectacular ghotalas while discharging their respective duties as the honourable ministers of the govt. of India or chairman of high powered committees. They could not perceive that a supposedly learned lawyer, (at least that is what he claims to be) in his role of a minister of govt of India would defend his predecessor saying that there was absolutely no ghotala in the deeds of his predecessor even while the predecessor would continue to be in jail and the CBI would be trying its best to get him pronounced guilty and convicted. The founding fathers could not imagine that a member of this house despite knowing the actual expenses that is incurred on running this house at the expenses of the tax payers of this country would take the debate in the house to such low levels that it might look like a platform of standing comedians rather than a platform for serious debate on issues of national interest. They could not imagine that a joker would some day say in the parliament “duniya mein aaye hain to kuchh kaam kijiye, janta/chanda ke paise se jalpan kijiye” and the members present in the house would encourage him in his act of comedy by thumping their desk.
I am sorry if I have hurt the feelings of people like Pranab Mukherjee or Sushma Swaraj however I would be a hypocrite if I call the people like Lalu Yadav, Kalmadi, Sheila, A Raja, Kanimojhi, Pappu Yadav, Mulayam Singh, Amar singh, Shibu Soren and many others honourable members. They are of course members of this house however I definitely do not consider them as honourable. These people are thieves and dacoits and people like Kapil Sibal are the idiots who are partners of these people in crime. People like these may have obtained the piece of papers from universities tiled degrees and certificates however these pieces of papers do not make them educated. They remain uneducated despite being in possession of these kind of pieces of paper. People like Manish Tiwari remain nothing more than the graduates of Thooke Chate classes irrespective of how highly educated they may claim to be. The lady who runs the govt with a remote has gone to some remote place and the country is not aware of where she is in the name of privacy. The people whom she represent have a right to know where their representative is which has been shamelessly denied by the largest party in this house in the name of privacy. If privacy is so important to these people, they should have refrained from entering the public life. I firmly believe that calling these people “ganwaar” is no exaggeration. I, of course, apologise to the village people if they feel hurt by being equated with the members of legislature. The general value system of the people from our villages is so high and ideal that despite the presence of people like the members in the most of the legislature, India continues to be identified with its moral and ethical character.
I sincerely feel that such lot of parliamentarians need to be called many more names than whatever I have called them in public and therefore I am grateful to you madam speaker for having given me the opportunity to clearly express what I think of the majority lot of the members in this house and for that matter members in most other legislature in the country. I have been granted the freedom of expression to express honestly what I think of these so called people’s representative and would be happy to bear the consequences. You may have the brute power to force my body to be confined within the four walls of jails or you may even hang me to death however you can not suppress my spirit which feels that most of the members in this house enter the electoral arena only to fill their own pockets and have never ever been interested in any actual public or social service or statesmanship. I strongly feel that most of the people in this country echo my feelings. In case you do not agree with this belief then the only way to ascertain the truth would be to carry out a national survey asking the people of India whether they actually consider the majority of the members of this parliament chor or not. I am absolutely certain that majority of the respondent of this survey, if it is ever commissioned and carried out, would say that most of the members of this house are chor. I, hereby, give an undertaking that I would be happy to serve a life term in prison if the outcome of any of this kind of survey would happens to be different than what I have predicted.
In such a scenario, I feel I have uttered what most of the Indians think of the majority of the current day members of parliament and therefore I assert that I have not committed any crime. I would be happy to bear the consequences of my utterances if the parliament of this country stoops down to such a level that it is not ready to hear and bear the actual perception in the minds of the people of this country about what they think of its members.
I request that this be circulated so that it reaches the parliamentarians and they bring a privilege motion against me as well. I would like to add that I am not a patriot as I believe that any artificial distinction between the human beings in the name of religion, caste, language, country or any other man made attribute which makes them feel that they belong to a particular and specific group is perpetrated by the vested interests in the general language and ignorant idiots in my own understanding. I have been taught since my infancy that I am an Indian and therefore I am not a Pakistani or Chinese or Bangladeshi or American. I have been taught that I as an Indian is different than being a Pakistani and since we are different my values as an Indian is better than the values of a Pakistani, Chinese or American. Since all the different groups with specific identity consider themselves better than the rest others, this leads to a conflict between Indians and Pakistani or hindus and muslims or speakers of Hindi and Tamil or black and white. This concept of “I am I and you are you and therefore I and you are different and since we are different I am better than you” is the root cause of all the evil encountered by the humanity in its true spiritual development and in this sense I am not able to call myself a patriot because I can not hate my brother from across an artificial and imaginary line drawn on the surface of mother earth. I am not able to identify myself with any particular caste or religion in the way I have been taught about these concepts since my childhood and yet I would like to call myself a religious person and a Brahmin. As per my definition, a Brahmin is the one who has awakened to the absolute truth and as per this definition Kabir, Raidas, Nanak, Buddha, Jesus, Muhammad, Socrates, Gurdjieff, Lao Tzu, Confucius, Ved Vyas, Patanjali, Osho, Krishnamurti, Raman, Telang Swami are all Brahmins and so I am I and many others. When I call myself religious, I do not mean to say that I am “Hindu” in the sense the word is being used by the politicians these days. Being hindu for me does not mean being the one who goes to a temple and worships idols or listens to Ram Katha or Shrimad Bhagwat or Geeta . For me the word hindu means the religious way of life that has evolved since the Indus valley civilization and which has been clearly visible in the way of life practiced by Buddha, Mahavir, Kabir, Nanak, Mother Teresa, Khwaja Moinuddin Chisti, Nizamuddin Auliya and many others who have carried their body in this part of the globe.
With Best Regards
Mithilesh Kumar Jha _._,_.___
Delhi Alumni Association
Our Weekly Mails and DVDs are DRT Legal Guide and 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 and DVDs, all previous issues of weekly mails 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 9 AM. The particular issue of the weekly mail is first published on the web site and then mailed to borrowers, guarantors and their advocates in the country. This service is free in the best interest of society in general and litigant borrowers and guarantors in particular. We are getting huge no of mails appreciating our weekly mails. We welcome suggestions.
DRT Solutions Weekly Mail – 173rd Issue dated 2nd September ’11
(1) Counter-claim dismissed in One Sentence without Trial
Recently we have come across an order by which the PO DRT dismissed the counter-claim in one sentence without conducting trial. Our comments are as under:-
(a) The counter-claim was duly filed along with WS and the prescribed fee of Rs. 1.5 lac was duly paid.
(b) The PO DRT dismissed the counter-claim in one sentence without conducting any trial. This has terribly shaken the Judicial Consciousness and hence the matter has becomes so serious that we advised the party to approach the highest court over such deplorable state of affairs in the trial court of DRT.
(c) The party has also filed a Review Petition but the normal routine procedure of review and appeal not only will dilute the seriousness of the matter, the intervening courts will not be able to deal with the case in adequate perspective.
(d) We are not having experience trial lawyers in DRTs. The DRTs continue to be under Ministry of Finance instead of Ministry of Law as desired by the SC several years back.
(e) As per the Tiwari Committee report of 1984, the Judges and the Advocates should have been trained in Banking, Industry and Finance and it has not yet been done.
(f) There has been strikes and agitation against the particular PO DRT, but she has not yet been transferred and the present instance of dismissing the counter-claim in one sentence calls for severest action by the highest court in the country.
(2) Experienced Trial Lawyers required in DRTs
Most of the problems faced by the litigant Borrowers and Guarantors have been due to absence of experience trial lawyers in DRTs. We have nothing against the young lawyers in DRTs but on account of their inexperience, the litigants are suffering tremendously. The litigant borrowers should ask the following questions from their advocates:-
(a) Who are their seniors under whom they have got experience of conducting trials.
(b) Find out about the experience and knowledge of the said seniors.
(c) If the said senior is not competent, your advocate will not be competent to handle the trial.
(d) If the said senior trial lawyer is competent, find out how many trials he had conducted. Cases of inspection of documents, settling of issues, conducting cross-examination and then final arguments. Any special knowledge of banking, industry and finance. Cases of execution handled apart from review and appeals.
(e) Until and unless well experienced trial lawyers are inducted in DRTs, the results will be highly injurious to the litigant borrowers and guarantors as higher courts will not be able to correct the lapses in the trial.
(f) Can an young pilot without prescribed training under a senior pilot fly an airplane? Can an young surgeon do complicated operations without learning under a senior surgeon? When these can not be done, how complicated trial of an industrial dispute in DRTs be done by young advocates without learning under an experienced trial lawyer. In USA, there is separate Bar Association for Trial Lawyers and it is only after spending several years under a senior trial lawyer, one can conduct trials independently.
(3) Possibly the 5 Best Sentences you’ll ever read
Mr. Firoz Poonawalla has sent the following 5 best sentences, you’ll ever read:-
We have to be grateful to Swami Ramdev and Anna Hazare
These two personalities have shown us new way to usher in Democracy in our country. We must study their life, literature, web sites and other materials on the internet. We must subscribe to the magazine ‘Yog Sandesh’ We must spend some time daily to understand these personalities. They are doing selfless work. They are doing selfless work. We must spread their messages among less literate persons like workers, mazdoors, our servants, villagers etc. We must emphasize to one and all that 100% voting alone will destroy the evil designs of the politicians to win elections with 15% masses. All their schemes in their vote banks will be defeated if we undertake to ask everyone to vote to competent independent candidates in preference to those who belong to any political party. Criminals enter politics for power and money. They utilize the system and police to rule over us. We are weak and that is why we allow criminals to rule over us. At the time of elections, these criminals come with folded hands asking for votes. Once election is over, they are not to be seen for 5 years as they then become engaged in looting and making themselves rich by crores and crores. Black money and corruption are the most important issues along with the election reforms. We must help Swami Ramdev and Anna Hazare to expedite election reforms. Please save your time and devote the time saved to 100% voting and election reforms.
DRT Solutions Weekly Mail – 172nd Issue dated 26th August ’11
(1) 25% Deposit u/s 18 of Securitisation Act
As per the sec. 18 of the Securitisation Act, 25% deposit is prescribed while making appeal to the DRAT. As we have pointed out from time to time, this is a fit matter to be agitated in PIL. Till such time it is done and favourable legal verdict is obtained, a limited solution is possible in respect of the cases where loss and damages have been filed and where the said loss and damages are greater than the claim of the secured creditor. In such cases, there is ‘No Debt Due’ and thus the debt is zero. Accordingly the 25% of zero debt will be zero and hence no deposit can be insisted. We have advised some of our clients to submit the cases accordingly.
(2) Loss and Damages in the Balance Sheet
In of the judgments by the PO DRT, it was enquired whether the loss and damages are shown in the balance sheet. Our view is that, the balance sheet is an accounting document, the direct losses may be shown but legal damages can not be shown. Hence suitable note may be made in the balance sheet.
(3) Supreme Court on Multiplier Method of calculating Damages
Some of our clients have been asking us the basis of multiplier method of calculating damages. In this connection, reference is made to the Supreme Court judgment vide citation 2001 AIR(SC) 3218, Lata Wadhwa vs State of Bihar wherein such method has been validated.
(4) Incredible India
Mr. Sanjay Baweja, one of our close friends has sent the following interesting piece:-
If you cross the Chinese border illegally, you get ..... kidnapped and
If you cross the Venezuelan border illegally, you get ..... branded as a spy and your fate sealed .....
If you cross the Cuban border illegally, you get ..... thrown into a political prison to rot .....
If you cross the British border illegally, you get ..... arrested,
prosecuted, sent to prison and be
if you were to cross the Indian border illegally, you get .....
1. A ration card
2. A passport ( even more than one - if you please ! )
3. A driver's license
4. A voter identity card
5. Credit cards
6. A Haj subsidy
7. Job reservation
8. Special privileges for minorities
9. Government housing on subsidized rent
10. Loan to buy a house
11. Free education
12. Free health care
13. A lobbyist in New Delhi , with a bunch of media morons and a bigger
bunch of human rights activists promoting
14. The right to talk about secularism, which you have not heard about in your own country !
15. And of-course ..... voting rights to elect corrupt politicians who will
promote your community
16. and right to fight election for MLA or MP Hats off ..... to the .....
A. Corrupt and communal Indian politicians
B. The inefficient and corrupt Indian police force
C. The silly pseudo-secularists in India , who promote traitors staying here
D. The amazingly lenient Indian courts and legal system. That's why people
like Afzal Guru are still alive, same will
E. WE self centered Indian citizens, who are not bothered about the dangers to our own country.
Politicians taking Advantage of Poor Voting by Literate Citizens
Since the citizens are not serious about voting, the politicians reach to their vote banks in slums and chhopad patties and ask them to vote in their favour. This is how we get governed by the goonda elements for five years. It is a great responsibility of the literate citizens to moblize support of all the citizens to vote to offset effect of the evil designs. Should we not be strong enough to dispel the goond elements whose main aim to get power and money by entering the politics. At least a month in advance of the election, all the literate persons should devote their time and energy to impress upon their circle and families to vote fully. Such step alone will change the result remarkably.
DRT Solutions Weekly Mail – 171st Issue dated 18th August ’11
(1) Deficiencies due to Lack of Knowledge about the Securitisation Act, DRT Act and Legal Aspects
We are getting several cases pertaining to following categories wherein our comments are also given:-
(a) Ex-parte Decree (Recovery Certificate) has been issued by the DRT:- An application should be made for revocation of the said decree. If such application is beyond the limitation period, an application should be made for condonation of delay. Courts are very liberal in this respect.
(b) As soon as the said decree is revoked, proper WS and Counter-claim should be drafted by expert having knowledge of banking, industry, finance, law of torts, law of damages and banking laws. There should be proper guidance and advice on every date in the court.
(c) Decree is about to be issued by the DRT:- The pleadings needs to be examined to conform to the minimum requirement laid down in para (b). If there is any deficiency, amendment to the pleadings must be prepared and filed at the earliest.
(d) Decree has been just issued:- Application for review be prepared by an expert and just after filing the review, appeal be prepared and filed in concerned DRAT. Here the biggest hurdle is the deposit about which we have extensively written in our several weekly mails.
(e) Final Arguments are to take place:- The above requirements be examined and fulfilled. The SC in the matter of Mohd Akram will be quite useful just before starting the arguments. Written arguments must invariably be submitted. The importance of review and appeal be kept in view.
(f) Proof affidavits are to be submitted:- The requirement under para (b) needs to be fulfilled. The proof affidavits are required to be based on law of evidence.
(g) The bank officials are to be cross-examined:- The requirement under para (b) needs to be fulfilled. The cross-examination needs to be conducted by an expert having knowledge of banking and law of evidence.
(h) Issues are to be framed:- Keeping the above requirements in view, the framing of issues requires very careful considerations so that only those issues are proposed which will determine the controversies useful for the case of the borrower.
(i) Documents are to be inspected:- After keeping the above requirements in view, exhaustive list of documents be drawn up and submitted to the court to order inspection. Every single document is required to be inspected. If there is any objection of the court, the matter needs to be fought upto the highest court.
(j) The inspection of documents and cross-examination of bank officials along with proper pleadings containing counter-claim are most important aspects to win a case against bank in DRTs. Further the litigant borrower has to be guided by experts on every date so that there is no legal lapse on any date. All these become quite important in the case of a borrower but not for a bank.
(2) Our Deepest Fear …. By Swami Vivekanand
The following beautiful piece was sent by Mr. Firoz Poonawalla
Our Deepest Fear Is Not That We Are Inadequate.
So That Other People Won't Feel Insecure Around You.
Responsibility of Citizens in Our Democracy
Present Parliament has majority of criminals and goonda elements. They have entered politics to have easy access to power and wealth. They not only indulge in corruption at highest level, they want only such people who can support them for such loot. It is we, the citizens who are responsible to allow the criminals to enter and seize the parliament. The citizens have not been serious right from the first general election and now after 64 years, the citizens and their children are in maximum trouble.
Now the only solution is that we must be conscious of this fact on daily basis. This should be the most important topic to devote some time whenever one is free.
It is well established that Congress created the present model to attract the goonda elements so that black money can be amassed to fight the election. Had professionals like Dr. Manmohan Singh be honest (and hence mentally not corrupt), he would have first devised a system to fight election on basis of white money, would have eradicated the menace of high value currency notes, would have made more stringent laws to counter black money and corruption etc. Hence in our views, Dr. Manmohan Singh is much more responsible and (hence corrupt) who is allowing himself to be used by those criminals and goonda elements.
Everybody knows that the Gandhi family and congress has amassed maximum black money and that is why Sonia and Rahul continue to rule the party and the government.
All other parties followed the model created by the Congress and hence they also are not interested to take any serious action against black money and corruption.
The citizens have only one weapon i.e. their vote which must be cast not to any party or any person connected with politics. It should be given only to those independent candidate who are honest and sincere.
The above matter needs to be propagated among lower class persons like servants, mazdoors, villagers etc. They should be told that during election, they may accept money and liquor but should vote on the above considerations.
If we don’t do such duty and only wait for the last day, we and our children will again be ruled by goonda elements.
At present it is needless to mention that Anna Hazare needs maximum support of every citizen.
Will you please write your views and comments?
Note:- This issue has been preponed as Mr. Ram Kishan will be in journey from afternoon of 18th to afternoon of 19th
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