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

E-mail :- ramkishandrt@gmail.com  Web Site :- www.drtsolutions.com

 DRT Solns.- Useful Article for Guarantors

HomeContentsProducts & ServicesFrequently Asked QuestionsUseful Article-BorrowersUseful Article-GuarantorsRBI GuidelinesNotes-Law of TortsNotes-DamagesMiniArticles-Letters to EditorUseful Interactions with Clients & VisitorsSecuritisation Act-CommentsAbout Us-DRT SolutionsUseful 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 AdvocateLegal Forum of IndiaSuccess & Results of Our GuidanceDRT Orders in favour of Borrowers & GuarantorsNPA, Debt due, Rehabilitation of Sick SME IndustriesOur Replies to Queries  on Current DRT Matters, Court Decisions etc.Measure of damages & Calculations under Torts & ContractsVideo Interview - GC Garg, Ex-Senior Bank OfficialSolar Healing, Yoga, Projector, Rebirth etc.Swami Ramdev, Yoga Guru, Cure for All Diseases, Medical Science RevolutionCourt Technologies IT Presentation Video ArgumentsArchiveDRT Solutions Weekly Mail for Borrowers & Guarantors   All India DRT Conference 2011 at IndoreArticle by Ram Kishan on Management & Technology in Indian JudiciarySARFAESI Securitisation Securitization Actar SA NPADRT Judgments Favourable / Useful to Borrowers  DRT Solutions - Site Map for Borrowers & GuarantorsTransform India with Modi-DRT Solutions SuggestionsLaughter Yoga by Ram Kishan, IndoreDr Kataria Indore Visit - Plan, Progress & Record  Keto Diet Vegan I.F.- Personal Experience Age 79 Yrs

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Expert in:- DRT, Counterclaim, securitization, debt recovery tribunal, NCLT  matters

 

 

 

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List of All Pages with Links of this Web Site may be seen vide clicking:- DRT Solutions - Site Map for Borrowers & Guarantors

DRT Judgments Favourable to Borrowers and Guarantors – Now Full text of such Judgments is being provided on this Web Site with Important Portions marked in Red  

For reference of such judgments please click DRT Judgments Favourable / Useful to Borrowers

Our Weekly Mails are DRT Guide and gold mine of practical information for the borrowers and guarantors :- The visitors of this web site 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 Drt Solutions Weekly Mail for Borrowers & Guarantors  Separate web pages have been created to contain these mails in batches of 10 so that pages open up fast. These mails are DRT Guide and gold mine of information on current topics giving lot of practical suggestions and comments. Any new comer to this site must go through all the weekly mails right from the issue no 1 to the latest. If possible please spread the reference of this 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 for improvements as well as the topics on which more information is required

Important Announcement - Video Arguments presented in Indian Court for the First Time :- We are pleased to announce that on 10th October 2007, proposed 'Computer Presentation' was held for the first time in the country by Mr. Ram Kishan before Hon'ble District Judge, Indore and the 'Video Arguments' were submitted and shown to the said Judge on 15.10.07. Thus a history has been made in the Judicial Management in our country. We have prepared two DVDs, one showing the method and system for such presentation, its advantages with a practical application. Another DVD showing the actual presentation before the District Judge, Indore on 10th October 2007. we have prepared an article titled 'Computer Presentation & Video Arguments' vide click here Court Technologies IT Presentation Video Arguments

DVDs containing Video Record of DRT Conference at Indore and Chennai:- All the proceedings were video recorded and the DVDs containing the same are available. Any one desiring to have the DVDs may send through e-mail their postal address, name of the company, and if possible details of the pending DRT case or Securitisation case and the amount involved, name of concerned person and his contact details including phone nos etc. to us. During these conferences, eminent DRT experts using PowerPoint Presentation dealt with all the aspects of Bank Litigations and Borrowers Defence. The participants from all over the country were highly impressed and benefited from the knowledge thus gained.

Our approach of counter-claim or damage suit against the lenders fully endorsed by authorities:- Two leading authorities in law and banking both having more than 40 years of experience in law and banking have fully endorsed our approach to counter-claim in DRTs or damage suit against the lenders in civil courts. You may click the pages  Video Interview - BS Malik, Sr. Supreme Court Advocate and Video Interview - GC Garg, Ex-Senior Bank Official which give the contents of the video clips of interview with them. 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. You may obtain the VCDs from us to listen to their views which will be quite useful to all the borrowers and guarantors as well as to their advocates. The counter-claim or damage suit against the lenders are the only legal defence and we specialize in framing such defence. We have handled several such cases throughout the country. You may contact us on phone to know further details.

DRT, drtsolutions, Debt Recovery Tribunal, DRT matters, DRT WS, DRT Legal Opinions, DRT Arguments, DRT Documents, Appellate DRT, Bank litigations, Securitisation, Counter-claims, NPAs Settlements, checking of bank accounts and documents etc., expertize in all these matters past 14 years being a Leading Law Firm. Legal BPO and offshore BPO is our new activity for which we have launched new web site www.usindolegal.com

Highlights:- All problems of Debt Recovery Tribunals i.e. DRT and Securitisation Act are tackled by us. People from all over the country are phoning us, then visiting and getting their problems solved. Please visit Home Page and other Pages also

 

Note :- The article reproduced below was published in ‘ The Financial Express ‘ dated 5.7.01 at page 7 under the column ‘Legal Eye’.  This article is also published by the 'All India Manufacturers Organisation' and at present available on their famous web site www.aimoindia.org The content of this article will be useful in legal defence in DRT as well as against the Securitisation Ordinance.

Debt Recovery Tribunals : There’s a way out for Defence of Guarantors

RAM KISHAN

                  The expeditious summary proceedings in various Debt Recovery Tribunals (DRTs) in the country have rendered the guarantors an extremely worried lot. In decreed cases, the personal assets of some of the guarantors are being disposed off quickly,  mercilessly and in many cases at throw-away prices. A new machinery has come up solely for this purpose. The guarantors  and their lawyers are frantically searching for a suitable legal defence. 

                 The suggested approach in this article is based on fundamentals and principles of Law of Contract combined with Law of Torts with due regard to justice, equity, and good conscience. The solutions to the problems and the agony faced by the guarantors are in-built in the progressive attitude of the apex court of the country.

           In the words of Chief Justice Bhagwati  “ We have to evolve new principles and lay down new norms which will adequately deal with new problems which arise in a highly industrialized economy. We can not allow our judicial thinking to be constricted by reference to the law as it prevails in England or for the matter of that in any foreign country. We are certainly prepared to receive light from whatever source it comes but we have to build our own jurisprudence. “ – M.C. Mehta vs Union of India, AIR 1987 SC 1086.

           Advocates, therefore, may have to carry out legal analysis based on the suggestions given here so that proper case is made out before the judiciary. As stated by Lord Scarman :  “The function of the court is to decide the case before it, even though the decision may require the extension or adaptation of a principle or in some cases the creation of a new law to meet the justice of the case. But whatever the court decides to do, it starts from a base-line of existing principle and seeks a solution consistent with or analogous to a principle or principles recognized. “ – Macloughin vs O’Brian, (1982) 2 All ER 298 (310) (HL)                                     

                 Let us examine and analyze the process by which the nationalized Banks and All India Financial Institutions (FIs) obtain the guarantee and then evolve suitable legal defence for the guarantors.

                        Normally, the creditors enter into contract of guarantee with the guarantors. The terms and conditions of such contract in our country are governed by the Indian Contract Act 1872 secs. 126 to 147. In this article, we have used the terminology specified in sec. 126 of the said Contract Act. Here by creditors,we mean the lending Banks and FIs. The contractual relation is based on bonafide relation between the creditor and the guarantor The contracting parties, however, are not authorized to vary those terms and conditions later on without mutual consent. In other words any one-sided variation in reasonable contractual relationship results into breach of  contract of guarantee. 

                      Further  the said  relation  creates   well defined duty of care on the part of the creditor. Any violation of such duty creates great variation in the original contractual relationship. Breach of contract of guarantee or such illegal variations caused by the creditors result in discharge of the guarantors. The secs. 133, 139, 142 and 143 of the said Contract Act are relevant in respect of discharge of the guarantors. It is needless to mention that when the guarantor is discharged, his property, if any, mortgaged is also released accordingly.      

                 Let us now examine the scenario in the specific context of nationalized banks and financial institutions as creditors. The said banks and institutions being government owned are totally and statutorily governed by government policies and Reserve Bank of India (RBI) Guidelines. Hence the guarantee agreements are founded upon as well as governed by the said statutory policies and guidelines at the time of execution of the guarantee agreements as well as during their existence. 

                 The framework of the law enshrined in the said policies and guidelines aims at quickly detecting warning signals for incipient sickness, quick remedial action to cure the said incipient sickness, to take care of the various needs of the borrowers, to provide and extend adequate and timely working capital limits, to be a friend, philosopher and guide during difficult period to expel the notion that banks are only fair weather friends, to ensure proper duty of care, not to be negligent at any time etc. Thus the conduct of the creditor and guarantor are also governed by the provisions of the Law of Torts apart from legally valid contractual terms and conditions of the guarantee at any point of time. 

                 Such extensive, wide and all pervasive grip of law  creates enormous legal rights of the guarantors and corresponding legal duties on part of the said Banks and FIs. Any breach of such duties amounts to infringement of the said rights of the guarantor resulting into his automatic discharge as guarantor. Apart from his discharge, if there is any injury, he can claim adequate damages and compensation.

                        It is well known that the present beauracracy as well as its thinking in Banks and FIs particularly after nationalization have been modelled on the pattern of government departments. Hence in practice, operating staff at the branch level in Banks and FIs commit numerous violations rendering their guarantors discharged without any obligations. In most of the cases, they are said to have indulged in malicious abuse of process of law as well as malicious civil proceedings.

                     Under such realities, the guarantors need not worry at all. When called upon by the court of law, they must point out the above violations and hence seek their automatic discharge from the point of time of the said violation. If there is slight injury, they must claim adequate compensation. 

                       It is pertinent to note that many of the terms and conditions of the deeds of the guarantee are one sided and hence such deeds are prima-facie illegal. The said Banks and FIs commit willful legal default and hence breach of statutory duties when they present such illegal documents before the guarantors. They commit further default and breach of law when they obtain their signatures. The highest level of default and hence breach of law is committed when they present such illegal documents before the court of law.

                      The injured guarantors must review all the above aspects and if there is any illegal attachment or illegal disposal of their properties, they must file injunction and damage suits based on the Law of Contract as well as Law of Torts to claim return of their properties along with adequate  damages and compensation.  

                 This kind of vigilance and alertness on part of guarantors will usher in a new era in banking and finance. In that eventuality bankers will be forced to pay attention to the real  primary security i.e. production, productivity and profit. The project appraisal will be carried out with greater responsibilities.  Day-to-day banking will also improve considerably. As a result  the incipient as well as chronic sickness will also come down. . The worries of the guarantors can also be virtually eliminated.

 

 The writer i.e. Mr. Ram Kishan of DRT Legal Solutions has personal experience of contesting cases pertaining to borrowers and guarantors based on the Law of Torts. He can be contacted at : ramkishan@drtsolutions.com

 

Video CD containing Interview of Mr. B.S. Malik, the Supreme Court Advocate as well as Our Client available from us:- This video interview will be immensely useful to industrialists, borrowers, guarantors and bank litigants in DRTs.

Our Client files damage suit of Rs. 1825 Crores against a bank and a financial institution in Chandigarh:- Our Client, an eminent Supreme Court Advocate (practice more than 25 years in Supreme Court) has filed a damage suit of Rs. 1825 Crores in Chandigarh on 13.01.05 against a bank and a financial institution. The said damage suit was drafted by us and it runs in 118 pages having documents of 537 pages. In a video interview lasting more than 30 minutes on 23.01.05, the said Mr. Malik appreciated our legal concepts, our drafting and our knowledge and experience about application of law of torts to banking, industrial sickness, drt, counter-claim, securitisation act and calculations of damages.

Our Computer Cell for checking of Accounts has started functioning:- Our Accounts Cell headed by an ex-Bank auditor (experience 38 years) has started functioning. You get your entire account checked up and certified by him. Invariably in all cases, the accounts filed by the banks are defective and illegal and thus the very debt due for the purpose of DRT and Securitisation becomes questionable requiring rework and refiling, a difficult task for the banks and financial institutions. Please contact us for the details and charges through e-mail ramkishan@drtsolutions.com 

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DRT Legal Solutions

 

Attorneys at Law of Torts, Injury and IPR Claims

HomeContentsProducts & ServicesFrequently Asked QuestionsUseful Article-BorrowersUseful Article-GuarantorsRBI GuidelinesNotes-Law of TortsNotes-DamagesMiniArticles-Letters to EditorUseful Interactions with Clients & VisitorsSecuritisation Act-CommentsAbout Us-DRT SolutionsUseful 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 AdvocateLegal Forum of IndiaSuccess & Results of Our GuidanceDRT Orders in favour of Borrowers & GuarantorsNPA, Debt due, Rehabilitation of Sick SME IndustriesOur Replies to Queries  on Current DRT Matters, Court Decisions etc.Measure of damages & Calculations under Torts & ContractsVideo Interview - GC Garg, Ex-Senior Bank OfficialSolar Healing, Yoga, Projector, Rebirth etc.Swami Ramdev, Yoga Guru, Cure for All Diseases, Medical Science RevolutionCourt Technologies IT Presentation Video ArgumentsArchiveDRT Solutions Weekly Mail for Borrowers & Guarantors   All India DRT Conference 2011 at IndoreArticle by Ram Kishan on Management & Technology in Indian JudiciarySARFAESI Securitisation Securitization Actar SA NPADRT Judgments Favourable / Useful to Borrowers

 

Contact Information :- Phones (India):- Mobile- +91-969-1103689, Off. & Res. +91-731-4049358,

E-mail - ramkishandrt@gmail.com and ramkishan@drtsolutions.com

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.comwww.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.

                                             (2) H.H. Maharishi Mahesh Yogi and Acharya Rajnish, the greatest gurus of all time www.maharishi.com, www.osho.com

                                           (3) Shri Hira Ratan Manek (HRM) for his pioneering work on Solar healing vide his web site www.solarhealing.com and forum at www.lifemysteries.com                                    

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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