DRT Solutions Weekly Mail – 9th Issue dated 11th July ’08
Amended &
Updated on 19.08.16
(1) Few Important Mails/Phones received & our comments :-
(a) Mr. Mahendra Jain, Belgaum has appreciated our approach to
reforms in Judiciary. His mail dated 6th July ’08 is reproduced at
the bottom of this weekly issue. Our message is slowing spreading among the bank
victims. Wherever possible we are advising them to file counter-claim or damages
against the banks in civil court or DRT, fight the battle in trial court with
perfection on every date so that the bankers are made to admit their default
through judicial process. The existing laws and procedure of law are more than
sufficient to achieve the same.
(b) Mr. Vivek Prani, Pune and his family has been virtually
destroyed by the bank. On one hand huge amount is due from the Govt and he is
simply unable to get the same but the bankers have closed their eyes from this
important fact and having been using all their tools to extract their alleged
overdues. It is pathetic to find such plight of young entrepreneurs. We have
advised to initiate criminal action against the Government so that all his
pending payments are recovered and then file damage suit against the bank for
its callous attitude and wrong doings.
(c) Mr. Sundararajan, Madurai is restless to lodge a complaint
with the CVC (Central Vigilance Commission) While we have no objections for the
same but are of the view that it should not be done at the cost of court battle
as ultimately the decisions of the court will have much greater permanent effect
than any other executive action.
(d) Mrs. Pugalia, Bikaner is in touch with us past 3 years.
Despite striking settlement, the bankers have gone against the same and have
initiated litigation. She is highly aggrieved over the callous attitude of the
bankers particularly when her husband has died and children have yet to settle
in life, but the bankers are simply after their only residential property. She
is preparing to initiate damage suit against the bank.
(2) Curfew at Indore:-
Past 7 days, the life in Indore was severely affected due to
Curfew on account of communal violence.
(5) Advocates in DRTs need greater help from defendant borrowers and
guarantors:-
Many of our clients are getting success in DRT proceedings. In
all these cases, such clients are getting complete guidance and advice from us
and in turn they are providing greater help to their advocates. The advocates by
virtue of their work don’t have time for research and studies which we provide.
There is no other way to fight the mighty banks and financial institutions.
(6) Follow up for proposal from Legal Forum of India about Court Timings &
Video Recordings:-
We received very good response to the two proposals mooted out by
the Legal Forum of India. It has been decided to write ‘Letters to the Editor’
of the prominent news papers. You are requested to write to the news paper of
your choice. If you need, we can provide draft of such letter. As soon as the
said letter to the Editor appears, please inform us the details i.e. Name of the
News Paper, date of publication, page no and the heading, if any. If you can
send us the original copy of the complete page , You may please repeat such
letters once every one or two months covering most of the important news papers
so that the matter is brought before the public repeatedly. At proper time after
country wide coverage, the Legal Forum of India will address a communication to
Chief Justice of Supreme Court of India seeking time for interview so that the
matter could be explained to him for earliest possible implementation. The
country wide news paper coverage will be very useful in the said interview.
(7) Copy of Mail dated 6th July ’08 received from Mr. Mahendra Jain
of Belgaum:-
From: MAHENDRA JAIN [mailto:mahenlotus@gmail.com]
Sent: Sunday, July 06, 2008 5:05 AM
To: Ram Kishan
Subject: Re: DRT Solutions Weekly Mail - 8th Issue 4th July '08
Respected Sir,
It is only by doing things others
have not that one can advance.
-General George S.
Patton
At a time when the entire establishment, yes, entire almighty establishment,
is prejudiced & inclined against the borrowers, and, when, lenders are
blindly believed to be "Holy Cows". your powerful voice and support for the
borrowers' cause, is, amazing sir !
We have no words to express our gratitude for the guidance & selfless
support your kind self is extending to us. Sir, You inspire us to fight
against all odds. We salute you sir.
May God bless you with all energy, strength and spirit to make your mission
a grand success.
Sir, We are with you whole heartedly in your mission!
Warm Regards,
Mahendra.B.Jain.
Belgaum.
DRT Solutions Weekly Mail – 8th Issue dated 4th July ’08
Amended &
Updated on 19.08.16
(1) Few Important Mails received & our comments :-
(a) One party from Kolkata informed that he was approaching to us
after 3 years and desired our opinion whether even after taking possession and
or sale of the secured assets, the lender can claim interest on outstanding
amount. We informed the party that all these matters require several details and analysis based
on documents. As per decision of the Supreme Court in the matter of Central Bank
vs Ravindra, interest will continued to be payable on the debt due, if any. If
we have pleaded counter-claim based on the wrong doings of the lender and there
is no debt due or rather effective counter-claim is due from the lender,
interest will continued to be payable on the said counter-claim till payment is
made. That is why we have been emphasizing on our web site since 2001 that
proper counter-claim must be set up and if it has not been done and if there is
any debt due, the interest will continued to be payable on the balance amount
even after sale of the property. In fact, person pleading counter-claim will not
permit possession or sale. Counter-claim can be filed at any stage depending on
the pleadings made in past and adjudication held. We have got an assignment of
preparing counter-claim for a person aged 75 years who has fought bank
litigation past 20 years.
In view of above any query to
be properly answered by us requires all the details and analysis based on
documents
(b) Another mail was from our
Madurai client informing that the PO of the DRT who was earlier not listening to
the borrower and his advocate, due to persistent Review applications not only
listened but pulled up the lending bank for delaying the reply.
We have all along been
emphasizing that the trial court i.e. DRT is the first and last court for Facts
and hence if perfect trials on every date are not held, one (particularly
borrower) should forget about getting justice from present Indian Judicial
System as it is highly overloaded, mostly manned with incompetent operators
(advocates and judges) at the level of trial, being run with 13 centuries old
technology and being pressurized for quick disposal ignoring all principles of
justice, equity and good conscience. On account of these factors, majority of
orders in trial court need reviews, rereview, change in court etc. till all the
facts are fully ascertained and more so in the matter of bank litigations when
all the facts are contained in the documents, all documents are in power and
possession of banks, the bank officials simply plead total and evasive denials
and never permit discovery of material documents. With our approach of perfect
trials on every date with complete knowledge of banking, finance and industry,
one can hope of winning his counter-claim.
(2)
Assignment for Video Arguments
We are pleased to announce that we have received an assignment
from one of our Mumbai clients to prepare Video Arguments to be submitted in his
case of Damage claim under adjudication at Silvassa, The said arguments will
deal with the closure of defence of lenders against the counter-claim.
(3)
Plain Language for Lawyers
There is worldwide movement for use of such legal language in the
courts and documents, which must be understood by the parties. In 1993, the
Australian Parliament issued two reports which looked critically at lawyers’
language and its effect on public access to justice. The second report was
specifically dealing with legislative drafting by the Commonwealth of Australia.
Further details on this subject are available in the book “Plain
Language for Lawyers’ by Michele M Asprey, 1991, first Indian reprint published
in 2002 by Universal Law Publishing Co. Pvt. Ltd.
(4)
Important Initiative by Legal Forum of India
The Legal Forum of India has decided to launch a mass movement
for the following in the matter of working of DRTs and Trial court:-
(A) Management in Court
(a)
The judges must be present on the Board on or
before 10 AM
(b)
Before leaving the court, they must be present
on the Board at 5 PM or after.
(c)
Condolence, if any be held only after 5PM
(B) Technology in Court
Video cameras be fitted in DRTs
and the trial courts and daily proceedings be recorded showing time, date and
case details
Reasons for above
(a) The banks including public
sector banks have started working 12 hours daily from 8 AM to 8 PM. ATM are
dispensing cash 24 hours. Kirana shops and even Reliance Fresh are working from
6:30 AM to 10:30 PM. The telephone companies are round the clock customer
service.
(b) Court fees even for sick
units or closed industries are prescribed to be in lacs.
(c) Under above facts and
circumstances, how some of the DRTs and Trial Court work only for 3 to 4 hours
as well as enjoy vacations in summer and winter.
(d) The consumers of judicial
process and customers of courts are entitled to demand work during office hours
i.e. 10 AM to 5 PM particularly when there is huge pendency of 3 crore cases and
trials taking place for decades.
(e) One can view Indian
Parliament live on any day. US and UK courts are fitted with video cameras and
recorded video proceedings can be downloaded from internet free of cost. The why
video cameras can not be fitted in DRTs and trial courts. Indians are number one
in IT globally and hence the proposed video recording setups will not take any
time particularly when huge court fee in lacs is being realized despite several
recommendations of Law Commission that there should not be any court fee.
DRT Solutions Weekly Mail – 7th Issue dated 27th June ’08
Amended &
Updated on 19.08.16
(3)
Suicide of 9 members of Borrower’s family and inhuman behavior of bank officials
A Hariyana businessman committed suicide along with his eight
family members. The only living survivor in his family is his 80 years old
mother. The banks have now sent recovery notices to the said old lady. This news
item is published at page 12 of ‘Dainik Bhaskar’, Indore dated 24th
June 2008. This shows that to what extent the bank officials can become inhuman.
That is why we insist for perfect trials on all dates for the claims and
counter-claims in DRTs. Any lapse on this may recoil on your family members in
future. DRT is the first and last court for judicial determination of facts.
Such facts are contained in documents which are in power and possession of
banks. Bankers suppress all the material documents. With proper use of tool of
law, all the documents must come out before issues are finalized.
(4)
Conduct of DRT Judges
Few of our clients are highly worried about the misconduct of the
DRT Judges. This must be resisted by all means otherwise the trial will be
defective and beyond repair by higher courts. As already informed all the DRT
litigants must study para 61 and 42 of the famous Supreme Court Judgment vide
citation (1992) 1 Supreme Court Cases 119 All India Judges Association vs Union
of India. We must respectfully submit to such judges to follow the said SC
judgment. If they do not listen, they must be told that we will be compelled to
submit such conduct in writing by way of affidavit. If there is no effect,
review and rereview and appeal along with written arguments must be filed. Even
then if there is no corrective effect, application for transfer of the court
must be moved in DRAT. Even after moving to higher courts, if there is no
effect, the matter be reported to media.
(6)
Use of Technology in our Working
All our clients and their advocates are required to be readily
available through e-mails and mobile phones. Since long e-mail replies are sent
through voice mails, the computers must be equipped with speakers. We
advice our clients to have voice recorders so that they may record important
arguments in the court and send the same through voice mails to us for analysis
and comments. Our advocates and staff normally operate from their homes on
internet with SOHO (Small Office Home Office) being in immediate touch with us
and among themselves through mobile and internet.
(7) Subscribers for the Weekly Mail
We are
receiving huge no. of requests for inclusion of their names in the mailing list
of the weekly mail. The subscription to these mails are free. We desire to
confine the subscription to really needy persons along with their advocates. Our
intention is to empower the subscribers with the practical aspects of defence of
borrowers and guarantors in DRTs. Those who desire to subscribe may mail their
names, postal address, contact mobile nos., qualifications and the reasons why
they are interested in our weekly mails. The existing subscribers may also
introduce such persons to us with their recommendations.
DRT Solutions Weekly Mail – 6th Issue dated 20th June ’08
Amended &
Updated on 19.08.16
(1)
Interest in Weekly Mails
We have started receiving huge number of mails showing interest
in our weekly mails. Accordingly we sort out matters of common interest and
prepare these weekly mails on Thursdays. Our focus area is ‘Defence of Borrowers
and Guarantors’ with emphasis on practical aspects. Hence topics related to our
focus area get preference over other topics. All the weekly mails right from the
first issue are available on our web site vide link given in the Note above so
that new subscriber to these weekly mails may go through the same. We welcome
suggestions from the recipients. You are requested to forward these mails to
other needy and interested persons.
(3) Willful Defaulter – Declaration by Banks
One of our clients at Bangalore is being threatened by the bank
to declare them ‘Wilful Defaulter’ so that his business is ruined as other banks
and FIs will not finance them. We have decided to initiate criminal action
against the bank officials as well as to file an Injunction and Declaratory
Suit. In this connection the following master circular on this topic is highly
useful.
RBI Master Circular No -
DBOD No.DL.BC.12928/20.16.003/2007-08 circulated under
the letter no RBI/2007-2008/59 July 2, 2007 addressed to all the Chief Executive
of all scheduled commercial Banks and Financial Institutions
(4) Queries on Counter-claim
One of the Participants of our conference, from Mumbai made
certain queries on Counter-claim. Our following reply will throw light on this
subject:-
(1)
There is specific provision of counter-claim in DRT Act vide section
19(8) of the DRT Act. But it is not so in the Securitisation Act. However as
suggested in our weekly mail, we can take recourse to provision of sec. 17(7) of
the Securitisation act. There is a favorable judgment of DRAT Delhi also.
'Vijaya Bank vs B. L. Gupta' decided on 16.03.11.
Full text of the judgment with our
comments is available vide
http://www.drtsolutions.com/counterclaim-SA.htm
Important
portions of the judgment have been marked in Red.
(2)
The counter-claim can be filed at any time but before the trial has
begun. Otherwise one may file as amendment at any stage under O-6 R-17 of CPC.
(3)
If one desires to file counter-claim even after settlement, one has to
examine the documents relating to settlement.
(4)
When it is not filed as counter-claim, it is termed as Damage Suit only.
As submitted in our web site, the counter-claim or damage suit is the only and
ultimate defence against the banks and FIs in the DRTs. It must be prepared by
agencies like us having Mastery of Facts (i.e. banking, finance and industry)
and Mastery of Law (relevant to banking, finance and industry, RBI Guidelines,
SC judgments etc.) The DRT proceedings on every date should have guidance from
the said Agency like us to attain perfection on every date. Then only one can
hope to attain winning edge over the banks and FIs.
(5) Qualities of Judges as per Supreme Court
The qualities of Trial Judges and other Judges have been
described in detail by the Supreme Court of India vide citation
(1992) I Supreme Court Cases 119
in the matter of ‘All India Judges’ Association vs Union of India. All the DRT
litigants and their Advocates must read this important judgment particularly
para nos 42 and 59.
(6) Article 141 of the Constitution of India
All the borrowers and guarantors facing bank litigations in DRTs
along with their advocates must pay serious attention to the Article 141 of the
Constitution according to which ’The Law declared by the Supreme Court shall be
binding on all courts within the territory of India.’
How a trial in a court (including DRTs) is to be conducted is
laid down by the Supreme Court in para 6 of AIR 1969 Supreme Court 1167,
Swaranlata vs Harendra Kumar. This para must be on tips of the defendant
litigants and their advocates in DRTs. In this case, the Supreme Court has
remitted the case to conduct the trial again after 18 years.
Not considering the law laid down by the Supreme Court has been
held to be an error apparent on face of records by several High Courts as well
as the Supreme Court vide (1) AIR 1972 Mysore, (2) AIR 1981 HP(FB) and (3)
2004(2) MPLJ 492.
Such error on face of records do not require any elaborate
arguments or reasoning. The impugned judgments must be reviewed immediately by
the same judge in DRT and he must correct the said error. This is in accordance
with the law laid down in CPC 1908 (Civil Procedure Code) which is now more than
100 years old.
If you do not review the erroneous judgments of DRTs, the higher
court will not help you rather in one case the Supreme Court has said that since
the party did not review and hence nothing can be done at this stage and rather
a penalty of Rs. 25000 was imposed.
In view of above, you should never permit any order containing
any violation of law declared by the Supreme Court otherwise the case may take
18 years as in Swaranlata and come back to zero position. In fact time spent in
perfect trial in DRTs will have following advantages:-
(a) With such quality and perfection on all dates, there are
bright chances of winning your counter-claim or damage suit.
(b) The extra time taken in DRTs as well as the expenditure will
be much less than that on account of defective trials and then getting the
impugned order corrected in higher courts like DRAT, High Court or Supreme
Court. The chances will also be much less.
(c) If you are serious on every date, the PO in DRT will also be
compelled to be pay special attention to the case.
(d) You need not worry about the time being taken in trial as
your damages will continue to increase on account of interest. Since in almost
all the cases, the damages are more than the claim of the bank, there is no debt
due and hence no recovery action can be taken till the counter-claim or damage
suit is decided.
DRT Solutions Weekly Mail – 5th Issue dated 13th June ’08
Amended &
Updated on 19.08.16
(2) Directors’ Personal Guarantee
There has been several mails seeking clarifications on the posts
in the last weekly mail on this topic. Our clarification is as under:-
(1 )The proposed injunction and declaratory suit will be
definitely of immense value to those directors who are not the promoters but
have tendered only the personal guarantee involving their personal properties.
But in respect of the promoter directors, we protect them by the damage suit or
the counter-claim and in such cases the proposed injunction and declaratory suit
is not needed.
(2) Queries were made whether the said injunction suit will
preempt or stop the actions beyond the stage of 13(2) in respect of
Securitisation Act. No such action will be achieved by the proposed injunction
suit. The action under Securitisation Act will continue till the stage of
execution. The execution can not be effected till the injunction suit is
decided. The purpose of the said injunction suit will be to protect the
Guarantor as described in sl. No. (1) above.
(3) Counter-claim in Securitisation Act - Permissibility
The counter-claim in respect of Securitisation Act is permissible
and legally valid on account of Sec. 17(7) of the Securitisation Act.
(5) Existing Judicial Process & Controlling Factors
The existing judicial process in a trial court like DRTs is
conducted by the two advocates and the Presiding Officer of the tribunal. The
ground realities and the controlling factors are as under:-
(a)
In respect of new tribunals i.e. DRTs, the
Tiwari Committee at Page 77 of its Report (published by the RBI in 1984) stated
that “these tribunals should be manned by persons having specialized knowledge
in the functioning of banks, financial institutions and industry.” Since the POs
of the DRTs are only legal persons, it is built-in deficiency. On account of
such inherent deficiency, the judgments and orders of such tribunals will be
defective to such extent. Any effort for corrections by the affected person will
result in more time and costs.
(b)
The said three officers of the court should
have reasonable knowledge of the subject matter i.e. banking, finance and
industries. At present in most of the cases It is a fact that they are not
having this knowledge. Hence the judgments and orders of such tribunals will be
defective to such extent. Any effort for corrections by the affected person will
result in more time and costs.
(c)
As a whole there is shortage of competent
advocates in the country. The existing competent advocates don’t have time and
energy to study and master intricacies of banking, finance and industry
including the related special laws. Hence DRTs are having inferior advocates.
Therefore the judgments and orders of such tribunals will be defective to such
extent. Any effort for corrections by the affected person will result in more
time and costs.
(d)
The trouble starts with the pleadings which
require mastery of facts and mastery of law. Hence there is acute need of
agencies like us. Since such are very few, the pleadings are inherently
defective right from inception. Hence the judgments and orders of such tribunals
will be defective to such extent. Any effort for corrections by the affected
person will result in more time and costs.
(e)
Another source of trouble is the bank officials
and their law departments. They are all employees who are primarily concerned
with their job and do not involve in any risk or responsibility. As a result
they simply deny the pleadings of the borrower. They cause hurdles in discovery
of true facts and documents. Therefore the judgments and orders of such
tribunals will be defective to such extent. Any effort for corrections by the
affected person will result in more time and costs.
(f)
Many of the proceedings and actions of the
DRATs, High Courts and Supreme Courts also suffer from above deficiencies and
hence the cases are tossed from one point to another back and forth resulting
into years and even decades.
(g)
In view of above, right from inception, we
apprise and empower our clients that their battle is highly time consuming,
expensive and long drawn. With our help, inputs and guidance, they may have
winning edge but the banks and financial institutions may also indulge in
matching fight even by employing experienced and costly advocates. That is why
we are so particular in having perfection at every stage at every point of time
and more so in trial courts like DRTs. The ultimate results will be that the
battle will take years and decades and that is why we advise our clients to
create other sources of income and wealth generation.
(h)
Side by side we are proposing application of
modern management techniques and employment of higher technology in judiciary.
DRT Solutions Weekly Mail – 4th Issue dated 6th June ’08
Amended &
Updated on 19.08.16
(2) Director’s Personal Guarantee
This has been the hottest topic of the day. The article and talk
has evoked maximum response. In fact we have used the concepts in
the case of one of our clients at Bangalore.
The gist of the queries have been as to the practical utility of
the approach which is summarized as under:-
(a)
This will protect the personal assets of the
Directors whose personal guarantee has been obtained by the lending banks and
financial institutions.
(b)
The said Directors will be liable only to the
extent of the value of the shares held by them. In majority of the cases, such
shares are reduced to virtual nil value in the case of sick and closed units.
(c)
The proposed Injunction and Declaratory Suits
to be filed by the Directors will not stop the recovery actions under the
Securitisation or DRT Acts.
(3) Discovery of facts & Inspection of Documents
We have been emphasizing the importance of pleadings. The person
who is drafting must have the mastery of facts and relevant laws i.e. banking,
industrial finance, RBI Guidelines etc. If it is not possible, the pleadings
must be got prepared by agencies like us. Assuming that proper pleadings have
been prepared and counter-claim or damage suit has been filed against the
lender. It is observed that in almost all the cases, the banks submit general
and evasive denial in their written statements in respect of the said
counter-claim or damage suit. It is such denial which entitles the borrower in
the matter of his said counter-claim or the damage suit to go for discovery of
facts, another most important stage in the adjudication.
As usual the judges in the trial court or the Pos in the DRTs (on
account of reasons given in the paragraphs below) frown upon such discovery. The
borrower and his advocate need to pay attention to the following :-
(a)
In bank litigations, all the facts are
contained in the documents.
(b)
The originals and all such documents are in
power and possession of the banks.
(c)
The banks avoid to produce the said documents
otherwise they will lose the case.
(d)
The borrower must not allow the case to proceed
until and unless the required discovery is fully completed otherwise the
borrower will lose his counter-claim or the damage suit. Any defeat in the trial
court can not be corrected by actions in High Court or Supreme Court as the
matter will be dragged on for years and will also be quite expensive. Hence the
approach in the trial court should be do or die. All possible legal procedural
provisions of ‘Review’, ‘Appeal’ and or ‘Re-review’ must be used.
(e)
All the provisions under Order 11 of the CPC
1908 must be fully understood by the borrower and if he and his advocate work
hard on every date, they may even achieve striking off of the defence of the
banks as per the Order 11 Rule 21 of the CPC.
(f)
Such provisions are in existence for more than
100 years but are not properly used.
(g)
All the borrowers and guarantors who are at the
stage of the case as above, will gain a lot if they go through the citation AIR
2000 Madhya Pradesh 74, Indore Development Authority vs Satyapal Anand. This
ruling lays down the importance of discovery of documents and mentions several
leading judgments.
(h)
In nutshell bank litigations can not be won
without proper preparation of discovery of documents.
(4) Conduct of Judges
The undersigned delivered a talk spanning 3 hours in the last
Indore Conference dealing with various aspects of ‘Court Craft’ The said talk
will prove to be highly useful to the borrowers and their advocates facing
litigations in DRTs. At our
instance many of our clients and their advocate have started taking keen
interest in the day to day proceedings. They have understood the importance of
the following:-
(a)
Pleadings, discovery of documents and
cross-examination of bank officials are the most crucial stages in the trial of
counter-claim or damage suit.
(b)
The trial court or the DRTs is the first and
last opportunity to win against bank.
(c)
Since the complete environment is against the
said borrowers, it becomes all the more important to achieve perfect trial on
every date.
(d)
It is observed that the moment above is
implemented, the judges in civil court or Pos in DRTs become annoyed.
(e)
Such conduct of the said Judges is a normal
phenomena as it is well known that (1) they are heavily overloaded. (2) there is
pressure for quick disposal (3) on account of absence of technical member (one
who understands the intricacies of finance, industries and banking) they feel
helpless and hence employ their common sense which causes defects in the trial
calling for reviews and appeals (4) new pressure being created by our perfect
pleadings and court dealings.
(f)
The said judges are public servants as affirmed
by Justice Markandey Katju, the sitting Judge in the Supreme Court of India.
(g)
The borrower and his advocate must be very
strict in achieving perfect quality on every date. The orders and record of
proceedings must be perfect. If this causes jittery to the judge, don’t bother
about his behavior or conduct. Never act on his verbal orders. In respectful
words, request him to give orders in writing. Once a order in writing has been
received, the same must be examined thoroughly. If there is any mistake, it must
be reviewed, appealed or reviewed.
(h)
If the judge continues to behave improperly,
put down everything in writing and with sufficient records, move a case for
transfer of court.
(i)
If you and your advocate don’t do above, you
should be prepared to lose your case in DRT or Trial Court. Once you lose, the
judges in higher courts i.e. DRAT, High Court or Supreme Court being under
pressure and with heavy pendency will only endorse the findings of the DRTs.
(j) We are
getting many cases, where above has not been followed and as a result the
borrowers are suffering. In one case, the borrower fought his case from 1987 to
2007 i.e. for 20 years from trial court to Supreme Court. He lost every where
and now he has given us the assignment to prepare damage suit against the bank.
His age is now 75 and still he desires to get justice.
With best wishes,
Ram
Kishan
DRT Solutions Weekly Mail – 3rd Issue dated 30.05.08
Amended & Updated on 19.08.16
(1) Link for Supreme Court Judgments (Free of Cost)
All the
Supreme Court Judgments from the inception may be searched and obtained free of
costs from the site set up by the Government. There are many softwares available
in the market but the said Govt site is equally useful. The link is
http://www.judis.nic.in/supremecourt/chejudis.asp
(2) Web Sites of Banks & Financial Institutions
The
borrowers and guarantors will be immensely benefited if they study the web sites
of the banks and the financial institutions. Our pleadings of the counter-claim
and damage suit also contain reference and extracts from the said web sites.
(3) Feedback Mails on this Weekly Mail
We have
received few feedback mails on this weekly mail. Accordingly the contents are
being designed and updated. Your suggestions are always welcome.
DRT Solutions Weekly Mail – 2nd Issue dated 23.05.08
Amended & Updated on 19.08.16
Securitisation Case Studies to Mr. Devasahayam
Mr. Devasayam, Chennai has started a movement to get the Securitisation Act
repealed. He has initiated various measures such as meeting and writing to
concerned beauracrats and politicians. He requires the case studies pertaining
to the problems and difficulties being faced by the borrowers and guarantors.
Such information may be mailed to him vide his e-mail ID
deva1940@gmail.com
Important Supreme Court Judgments
(1) As per Art.
141 of the Constitution, the
law declared by the Supreme is binding on all courts
including DRTs in India. We have observed that on account of pressure for
disposal, the DRTs are violating several Supreme Court Judgments particularly
the following:-
(2) AIR 1969
Supreme Court 1167
Swaranlata vs Harendra Kumar, para 6 which lays down
as to how the trial should be conducted in the courts including DRTs.
(a) AIR 2001
Supreme Court 3095 Central Bank vs Ravindra in respect of presentation of
accounts. This is to be read with DRT Act, DRT Rules, Bankers Books Evidence Act
and the Indian Evidence Act.
(b) Mardia
Chemicals and Transcore judgments.
(c)
Violations of the Supreme Court Judgments amount to ‘Error Apparent on Records,
and hence such violations are reviewable immediately and hence the moment any
such violations are notices, the review petitions must be submitted along with
appeals. With such vigilance and alertness only, the ultimate goal of justice
can be achieved particularly when the present environment is tilted in favor of
banks.
Strategy in DRT
(3)
It is needless to
mention that the normal advocates are extremely busy in their routine matters in
the court. Hence the regular and routine cases get their usual attention. But
the cases pertaining to bank litigations in DRTs are comparatively a new
phenomena particularly when the law departments of the bank have well
established way of working and their counsels have requisite specialization and
expertise. On the other hand the borrowers as well as their advocates do not
have such knowledge. On account of such state of affairs only, expert agencies
like us are very much needed.
(4)
With above background
only, we have adopted the method of empowering our clients through phone, mails
and personal meetings right from the inception i.e. pleadings and fighting in
the court. The central idea is to help the advocate maximum possible. We ask our
clients to keep an eye on every date of proceedings, sign on the proceedings of
the court, prepare 7 days in advance, keep us fully informed and take our
guidance 7 days in advance etc. We have also asked our clients to study the
digests, take out the relevant citations and discuss with us the applicability
of the same. Then provide the same to their advocates.
(5)
With above way of working lot of our clients have been benefited.
(6)
If you have any
suggestions on above, we shall deal with the same and the outcome will be
published on this weekly news mail.
Your Suggestions and Comment required
(1) Please mail us
your suggestions and comments about this ‘Drtsolutions Weekly Mail’
(2) Please forward
this mail to other interested persons.
(3) Please provide
us the e-mail IDs of such interested persons.
With best wishes,
Ram Kishan
DRT Solutions Weekly Mail dated
17.05.08 - First Issue
Amended & Updated on 19.08.16
Introduction
This is the first issue of the Weekly News Mail from
drtsolutions.com. This has emanated from the demands of the people who were
getting daily mails for the conference who requested to continue the daily mails
which was not possible and hence it was decided to commence weekly news mails.
We chose the day of Friday so that those who use internet in office may visit
the same in their offices and prepare their comments or suggestions during the
weekends. Those who have net at their homes, may visit the same in their homes
during the weekends.
These weekly news mails will consist of following :-
(a) Important developments for the defence of borrowers
and guarantors.
(d) Feedback Mails or Suggestions received from the
visitors of our this web site.
We hope that with passage of time, we shall add more
topics and this weekly news
mails will develop into very useful piece of Online Weekly News Magazine
for the borrowers and guarantors. We wish to name the same as
Weekly Times
drtsolutions.com
Important Developments
for the Defence of Borrowers and Guarantors.
(1) One of our clients at Mumbai is at the advanced
stage of reaching to the striking of defence of the banks in the damage suit
filed by him. Those who have filed the damage suits or counter-claims against
the banks and WS has been received from the bank. In practically all the cases,
the banks submit total and evasive denial and hence the counter-claimant is
entitled to discover all the facts which are disputed. In the bank litigations,
it is well known that all the material facts are contained in the documents and
all the documents are in power and possession of the banks. Hence the machinery
of discovery of documents as per the Order 11 of the CPC are to be used. All the
defendant borrowers and guarantors must study the said Order and take actions
accordingly. If thorough work is done by the defendant borrower and his
advocate, one may reach to the stage of Order 11 Rule 21 i.e. striking of of the
defence of the banks.
(2) If the above stage is reached, the
bank will come running to the defendant borrower and may settle the case within
5% as it is bound to be defeated in the counter-claim.
(3) Another of our clients in Madurai
and his advocate understood our guidance that at every date there must be
perfection. All the incidental matter must be settled through interim
interlocutory applications. If there is any error or mistake in the order of the
PO in respect of the said applications, we must file review petitions as well as
appeal in DRAT. In all the cases, arguments must be carried out thoroughly and
written arguments must be given. If there is any mistake in the review, the case
must be submitted for review again. If the PO behaves erratically, case must be
initiated for change in court. During such period our damage suit or
counter-claim must be filed.
(4) Another of our clients at Bangalore
is also following the above procedure and is getting very good results.
(5) In all the bank litigations whether
in respect of DRT Act or Securitisation Act, the trial must be conducted
thoroughly and better technology like Video Arguments must be employed.
All the arguments must be voice recorded and sent to us for our suggestions,
guidance and advice.
(6) We have decided to train an expert
for Cross-examination of Bankers.
Your Suggestions and
Questions about this Weekly News Mail
(1) We
invite your suggestions and questions about this weekly news mail.
(2) You may
inform about this weekly news mail to other needy persons asking them to send us
their details such as name, postal address and contact nos through e-mail so
that we may include their e-mail ids in our address book.
Thanking you
and with best wishes,
Ram Kishan
