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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The complete order on sentence is reproduced below. Since past several years as may be seen from our several weekly mails, we have been emphasizing that the Chairman of the banks and FIs should be impleaded as a necessary party for all the wrong doings committed by them. In all cases, the borrowers and guarantors should file damages and or counter-claim. Since the borrowers are not aware of all the aspects and hence they can not apprise their advocates, the advocates are also not aware of the intricacies, the pleadings should be perfect and be prepared by experts in banking, industry and law. Further the case in DRT should be contested perfectly on all dates. DRT is the first and last court on fact. Appeal has been made extremely difficult due to the minimum deposit condition of 25% and therefore one can not expect any relief in the higher court if all out efforts are not made in DRTs. One should study all our weekly mails for many valuable and practical suggestions. If you spread reference of our web site and weekly mails to others, it may save many innocent victims of banks and financial institutions.
IN THE HIGH COURT OF DELHI AT NEW DELHI
CCP (CO.) NO.30/2010 IN CO.PET.NO. 75/2002
Date of Decision: 19th March, 2012
In the matter of: M/S KOSHIKA TELECOM LTD. (In liquidation) AND In the matter of Contempt petition under Sections 11 & 12 of the Contempt of Courts Act,1971 r/w Order XXXIX Rule 2-A and Section 151 of the Code of Civil Procedure AGAINST
1. IFCI Ltd. 2. Mr. Atul Kumar Rai 3. Ms. Shalini Soni 4. Mr. R.K.Bansal
Appearances: Mr. Rajiv Bahl, Advocate for OL Mr. P.S. Bindra, Advocate for R-1. Mr. K.K. Sharma, Sr. Advocate with Mr. Arvind Kr. & Ms. Priyadarshini Verma, Advocates for Mr. R.K. Bansal. Mr. Ashwani Kumar Matta, Sr. Adv. with Mr. Suresh Dobal, Advocate for Mr. A.K. Rai
CORAM: * HON'BLE MR. JUSTICE P.K.BHASIN
ORDER ON SENTENCE
In the present contempt matter Industrial Finance Corporation of India Ltd.(„IFCI‟ in short), its CEO-cum-Managing Director Mr. Atul Kumar Rai, Ms. Shalini Soni, Assistant General Manager (Law) of IFCI and one Recovery Officer attached to the Debts Recovery Tribunal-I, Delhi Mr.R.K.Bansal have been held guilty of having committed contempt of this Court and are now awaiting further decision of this Court regarding the punishment to be awarded to them.
4. Mr. Atul Kumar Rai, CEO & Managing Director of IFCI as well as Mr. R.K.Bansal submitted their replies and they also pleaded that they had all the respect for the orders of this Court and had not disobeyed any direction of this Court. Mr.Rai while pleading that IFCI as a public finance institution had all the respect for judicial orders took a plea that the order dated 08.10.2009 of this Court was not even brought to the notice of Ms. Shalini Soni during her meeting with the Official Liquidator on 26.10.2009 and for the first time copy of that order was supplied to IFCI by the Official Liquidator alongwith its reply to the IFCI‟s application which it had moved before the Recovery Officer seeking his permission to appropriate the sale proceeds. This Court, however, rejected the explanation of Mr. Rai as being false since Ms. Shalini Soni herself had not taken the stand in her reply that she was not aware of the order dated 08.10.2009 of this Court.
6. Vide order dated 6th February, 2012 this Court finally held IFCI, Mr. Atul Kumar Rai, Ms. Shalini Soni and Mr.R.K. Bansal guilty of having committed contempt of this Court. After holding so this Court thought it appropriate to give hearing to all the contemnors regarding the punishment to be awarded to them and accordingly the matter was fixed for hearing on that aspect of the matter.
7. However, before hearing on the point of sentence could commence Mr.
Atul Kumar Rai and Ms. Shalini Soni decided to challenge the order of this Court
holding them guilty of contempt of Court and accordingly they approached the
Supreme Court but the Supreme Court did not entertain their separately filed
Special Leave Petitions. However, while disposing of their SLPs liberty was
given to both of them by the Supreme Court that they could file an appeal after
appropriate orders on the point of punishment are passed by this Court.
11. As far as the punishment part is concerned, Mr. Matta, learned senior counsel for Mr. Rai was asked by the Court to make his submissions on this aspect also since it had been decided earlier to give each of the contemnors an opportunity to address the Court on the quantum of punishment also after they had been held guilty, but Mr. Matta submitted that since this contemnor was maintaining that he had not committed any contempt he would not be making any submission even for taking a lenient view on the point of sentence.
13. I have given my serious consideration to the fervent pleas made on behalf of the contemnors Ms. Shalini Soni and Mr. R.K.Bansal before this Court to pardon them. As far as Mr. Atul Kumar Rai is concerned he has chosen not to address the Court on the point of sentence.
15. Considering all the facts and circumstances, this Court is also not inclined to let off the contemnors only with imposition of fine and in my view this is a fit case where they must be sent to jail.
P.K. BHASIN, J MARCH 19, 2012
DRT Legal Solutions
Attorneys at Law of Torts, Injury and IPR Claims
Home│Contents│Products & Services│Frequently Asked Questions│Useful Article-Borrowers│Useful Article-Guarantors│RBI Guidelines│Notes-Law of Torts│Notes-Damages│MiniArticles-Letters to Editor│Useful Interactions with Clients & Visitors│Securitisation Act-Comments│About Us-DRT Solutions│Useful Tips for DRT Advocates|| 138 NI Act Cheque Dishonour Cognizance Acquittal | NCLT, National Company Law Tribunal, BIFR, SICA | Video Interview - BS Malik, Sr. Supreme Court Advocate│Legal Forum of India│Success & Results of Our Guidance│DRT Orders in favour of Borrowers & Guarantors│NPA, Debt due, Rehabilitation of Sick SME Industries│Our Replies to Queries on Current DRT Matters, Court Decisions etc.│Measure of damages & Calculations under Torts & Contracts│Video Interview - GC Garg, Ex-Senior Bank Official│Solar Healing, Yoga, Projector, Rebirth etc.│Swami Ramdev, Yoga Guru, Cure for All Diseases, Medical Science Revolution│Court Technologies IT Presentation Video Arguments│Archive│DRT Solutions Weekly Mail for Borrowers & Guarantors │ All India DRT Conference 2011 at Indore│Article by Ram Kishan on Management & Technology in Indian Judiciary│SARFAESI Securitisation Securitization Actar SA NPA│DRT Judgments Favourable / Useful to Borrowers
Contact Information :- Phones (India):- Mobile- +91-969-1103689, Off. & Res. +91-731-4049358,
Popularity of our web site :- The key word for search of our website is 'drt' or any phrase commencing with 'drt' We are on the top in Google Search for 'drt' among 28,60,000 results globally. In most of the search engines like yahoo, msn, google, excite, altavista, mamma, alexa etc., To verify, you may visit www.yahoo.com, www.msn.com, www.rediff.com, www.indiatimes.com, www.altavista.com, www.google.com, www.excite.com, www.hotbot.com, www.123india.com, www.aol.com, etc. Our reference appears in www.economictimes.com, www.amazon.com, www.financialexpress.com, www.lawcrawler.com, www.findlaw.com, www.law.com, www.supremecourtofindia.com, www.supremecourtonline.com,
(2) We have created a separate web site www.usindolegal.com which deals exclusively with our US joint venture enterprise for activities like BPO, legal BPO, DRT etc. This site has started appearing in the search results of Google, Mamma, Alexa and Yahoo.
Application of Law of Torts in claiming Damages from Municipal Corporations for demolition of structures, closure of shops etc:- In many parts of the country, the Municipal Corporations are demolishing structures like shops and houses which existed for number of years. The shops existing for number of years are proposed to be shut down. The affected persons should claim Damages under the Law of Torts, which would be substantial. It is learnt that in Delhi itself about 5 lac shops are to be closed down and about 25 lac persons would be out of jobs. All these persons should file damage suits in the civil court. Since the damages would be substantial, the suits may be filed as Indigent Persons. Since the damages would attract interest, the usual delay by the civil courts will not affect the final outcome. The affected shop owners may discuss the details with us on phone.
Our Articles for Borrowers and Guarantors:- Our articles on DRT matters have been published in the Financial Express. The All India Manufacturers Organisation in its famous web site www.aimoindia.org has reproduced copies of our four articles. These original articles can be searched in the archive of the Financial Express in its web site www.financialexpress.com Two of these articles have been reproduced in other pages of this web site.
Useful link www.WorldVideoBusiness.com :- WorldVideoBusiness-WVB® is a business to business e-marketplace source of international trade leads, and tender opportunities from companies and government organizations around the globe.
About Us in Brief :- (1) We specialize in DRT (Debt Recovery Tribunal) and NCLT (National Company Law Tribunal) matters. As a whole you may approach us for all DRT Problems and Solutions as well as matters connected with ARCIL i.e. Asset Reconstruction Company (India) Limited, We have a Joint Venture with an America based law firm for various activities like BPO, legal BPO and DRT. The details of the said American firm and the joint venture may be seen at the page - Our US Joint Venture with Anand Ahuja Associates or in www.usindolegal.com (2) For your all problems including those in DRT, please phone us or send e-mail. Please give your contact details along with your problems in brief. As a whole you may approach us for all DRT Problems and Solutions. (2) With our Legal Opinion, you need not worry about the Securitisation Act or other DRT matters or NCLT. Please visit the page Products & Services and Frequently Asked Questions (3) On account of our expertise in the Law of Torts and Banking and experience past 15 years, we can help you to submit suitable defence with winning strategy in DRT cases, Securitisation Act, Guarantors' defence etc. (4) We need only copies of all available documents to render our expert 'Legal Opinion' which will be quite useful and valuable to you particularly in DRT i.e. Debt recovery Tribunal. (5) We have also handled assignments for preparation of damage claims against Electricity Boards, Insurance Companies, Municipal Corporations etc. all on the basis of the Law of Torts. (6) The DRT counterclaims is to be prepared well in advance so that it could be raised at proper time in DRT or other forum to safeguard the securities and assets. (7) Several DRT counterclaims drafted by us are being handled by different advocates at DRT Mumbai, DRT Delhi, DRT Jabalpur etc. Thus DRT advocates are available in these cities. Cases in other Debt Recovery Tribunals are under process. (8) This site is updated monthly mostly on every first Monday of the month or for urgent release on any day with latest material. (9) For further details about us, please visit the page About Us-DRT Solutions As a whole you may approach us for all DRT Problems and Solutions. We hail from the place to which Maharishi Mahesh Yogi and Acharya Rajnish belong and hence this site is dedicated to them.
Our this web site is dedicated to Yoga Rishi Baba Ramdev Ji Maharaj:- Our this web site is respectfully dedicated to Yoga Rishi Baba Ramdev Ji Maharaj whose method of Pranayam has cured even incurable diseases and thus has revolutionized modern medical science. For further details please visit our special page by clicking here Baba Ramdev Ji Maharaj, Yoga Guru, Cure for All Diseases, Medical Science Revolution
Site also dedicated to:- (1) Swami Ramdevji, Acharya Balkishan and their Guru Pradumn Maharaj.
We regularly practice TM and SCI of Maharishi Mahesh Yogi. We also regularly practice Hath Yoga including Pranayam based on Baba Ramdev Ji Maharaj. We daily watch his global TV program on Astha Channel from 05:30 AM to 8AM and 8PM to 9PM Indian Standards Time. On Sanskar channel, we daily view the discourse of Pradumn Maharaj from 4 AM to 5:30 AM. Many chronic diseases such as Cancer, Parkinsons' disease, Polio, Asthma, Hypertension, diabetes etc. have been cured by the said method of Pranayam which can be learnt even by watching his program on TV. Since 30th March '06, we have started practicing Sun Gazing as prescribed by HRM.
(3) Shri Satyanarayan Morya alias 'Babaji' for his praiseworthy service to our nation. Please visit his site www.artistbaba.com
Disclaimer:- We have no branch or setup other than at Indore. It is observed that some persons are using name of our firm as well as name of our web site. We have not given any such authority to anyone to do so. Under such facts and circumstances, if anybody suffers any loss, we shall not be responsible. If such instance comes to notice of someone, we may kindly be informed.
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