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 Solutions Weekly Mail - 231st to 240th

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

 

 

 

DRT Solutions Weekly Mail – 240th Issue dated 14thDecember ‘12

 

All Weekly mails right from 1st Issue to latest, click links on top of this page


 

 

(1) Bankers complaining against DRTs 


 

Following is the extract from our web page vide link

http://www.drtsolutions.com/securitisation_securitization_SARFAESI_SA_Act.htm
 

Following news item appeared at page 3 of the Economic Times, Mumbai as well as the internet edition :- 

Shortage of staff forces DRTs to put off cases

http://economictimes.indiatimes.com/news/economy/finance/staff-crunch-forces-debt-recovery-tribunals-to-put-off-cases/articleshow/17551652.cms

(DRTs), an important mechanism for loan recovery by banks, are foundering amid charges of lack of professionalism and shortage of staff as bad loans are crippling banks. The disposal of cases has been falling as a few members have to handle enormous amount of claims and the delaying tactics employed by defaulters by going in appeal against every order are defeating the purpose

In fact, bankers at a recent meeting with the finance ministry officials have charged that unjustified orders are being passed by some DRT officials in connivance with promoters who want to protect their assets. "We had complained about the unilateral stays that the registrars of the debt recovery tribunals are granting to the borrowers without giving banks a proper hearing,'' said a bank chairman, who did not want to be identified. "The issue was raised by us at a DRT forum where finance ministry officials were also present."

There are at least 33 DRTs and five appellate bodies to deal with cases. Although the mechanism was brought in with a noble aim to decide on the cases within 6 months, the lack of adequate staff and timely replacements have hit their operations. With corruption spreading, some say, even DRTs are not immune to it. "Borrowers are taking advantage of the debt recovery appellate tribunal and appealing against the order issued by the DRTs,'' said advocate Ravi Goenka of Goenka Law Associates  who represents financial institutions like asset reconstruction firm Arcil and OBC.

"According to the law, DRTs have to dispose off cases in six months, but it's taking almost two to three years.'' In 2011-12, of the total amount recovered through the Sarfaesi Act, DRTs and Lok Adalats registered a decline of 8.2% at 14,400 crore, from 15,700 crore a year earlier despite a surge in bad loans.

There is only one member looking after the Western region comprising entire Maharashtra, Gujarat and Goa. For a long time, the post of presiding officer was vacant and presiding officer of the Kolkata bench was looking after the Western region appellate tribunal as additional portfolio. Mumbai-based banks had to go to Kolkata to file a case in most of the cases, said a lawyer representing a bank.

The long duration taken by DRTs to decide on the cases is reflected in the fact that the Oriental Bank of Commerce and Bank of India are still fighting a case to recover dues from former stock broker Ketan Parekh in a case relating to the 2001 securities scandal. He was barred from trading at the Indian stock exchanges till 2017.

During June to December 2012, some important cases involving companies like Som Developers (owing 390 crore to SBI, UBI and other banks), Sterling Biotech  ( 322 crore debt towards a subsidiary of LIC) and Aeroflex ( 181 crore towards SBI) were admitted. "The DRTs were to finish cases in six month. However, they are not able to adhere to the timeline as they have become like a civil court,'' said the legal head of a private sector bank.

Our Comments

(a)   The Tiwari Committee which proposed in 1984 establishment of DRTs recommended that the DRTs’ Judges and Advocates should have specialized knowledge in functioning of banks, financial institutions and industry. The DRTs were constituted in 1993. Till date the original recommendation of Tiwari Committee has yet been implemented. The DRT judges and advocates continue to function in DRTs without the required knowledge of banking, industry and finance. Hence instead of complaining about the DRTs, the banks should organize training programe for the said specialized knowledge. In reality it will also help the borrowers.

(b)   DRT is a trial court. The time of 6 months is too small a period. The civil court normally take 15 to 20 years for a normal trial. In fact the DRTs will take much more time as the procedure is yet to be established and the DRT Advocate and Judges do not have specialized knowledge of banking, industry and finance.

(c)   On account of defective trial in DRT, extra time is required in higher court in appeal etc.

(d)   Despite Supreme Court verdict 15 years back, the control of DRTs is not being transferred from Ministry of Finance to Ministry of Law. As a result, the bank officials are being posted as Judges and Recovery Officers resulting into biased judgments and orders. Such defective judgments and orders create further delay due to appeal, review and revisions.

(e)   The element of corruption in DRTs is more or less same as in other courts or even in banks.

(f)    Instead of complaining about DRTs, the banks should devise a system by which the wrong doings committed by the banks are checked and corrected before filing a case in DRTs. This will drastically reduce the cases being filed in DRTs.

(g)   Competent and trained judges and advocates in DRTs with maximum use of modern technology will alone reduce the time being consumed by the DRTs.

(h)   In this connection, it will be worthwhile to know that all the above problems arose in UK also when Tribunals were established in 1800 and it took 157 years to find a workable solutions through the recommendations of Sir Frank Committee. But our beauracracy does not want to learn from such experience. That is why our country is ranked 78th  among 97 countries in respect of functioning of Judiciary. In 1988, eminent Justice Krishna Iyer said that we are 200 years behind developed countries.

(i)    It is reiterated that businessmen and industrialist facing litigation in DRTs will definitely help in bringing about judicial reforms which will contribute to the improvement of Judiciary as a whole. This is for the simple reason that they compared with the ordinary public litigants in civil courts are much more competent and capable.

(3)  Videos by Dr. Deepak Chopra 


 

Following is the extract from our web page vide link

http://www.drtsolutions.com/new_page_9.htm 

Dr. Deepak Chopra is a unique personality having background of modern medicine and Aayurved. Eminent Maharishi Mahesh Yogi was his teacher. Dr. Chopra has written more than 66 books out of which 18 were best sellers in the New York Times list.

Dr. Chopra uses Most Modern Technology. He has posted many videos on YouTube. Those who are interested in longevity and healthy life must download these videos and watch them for tremendous benefits for body, mind and soul.

 

(4)  What happened to 8 Wealthiest People in the World 


 

Following is the extract from our web page vide link

http://www.drtsolutions.com/new_page_9.htm 

Mr. Firoz Poonawalla has sent the following useful information:-

 

What happened to 8 wealthiest people in the world

“In 1923, eight of the wealthiest people in the world met. Their combined wealth, estimated, exceeded the wealth of the government of the United States. These men knew how to make a living and accumulate wealth. 25 years later.

1. President of the largest steel company, Charles Schwab, died bankrupt.

2. President of the largest gas company, Howard Hubson, went insane.

3. One of the greatest commodity traders, Arthur Cutton, died insolvent.

4. President of the New York Stock Exchange, Richard Whitney,was sent to jail.

5. A member of the President’s Cabinet, Albert Fall, was pardoned from jail.

6. The greatest “bear” on Wall Street, Jessie Livermore, committed suicide.

7. President of the world’s greatest monopoly, Ivar Krueger, committed suicide.

8. President, Bank of International Settlement, Leon Fraser, committed suicide.


They forgot to make a life! Just made Money!

Money provides food for the hungry, medicine for the sick, clothes for the needy, but is only a medium of exchange. We need two kinds of education. One that teaches us how to make a living and one that teaches us how to live.

People are engrossed in their professional life and neglect their family, health and social responsibilities. Our kids are sleeping when we leave home. They are sleeping when we come home. Twenty years later, we’ll turn back, and they’ll all be gone !!!!!.

Without water, a ship cannot move. The ship needs water, but if the water gets into the ship, the ship will face problems and sink. Similarly we live in a time where earning is a necessity but let not the earning enter our hearts, for what was once a means of living will be become a means of destruction.

So take a moment and ask yourself….has the water entered my ship?” 

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DRT Solutions Weekly Mail – 239th Issue dated 7thDecember ‘12


 

All Weekly mails right from 1st Issue to latest, click links on top of this page


 

(1) During OTS (i.e. One Time Settle) Process, initiating Recovery under Securitisation Act held Illegal by Allahabad High Court 


 

Following is the extract from our web page vide link

http://www.drtsolutions.com/securitisation_securitization_SARFAESI_SA_Act.htm


 

Mr. Bharat Gandhi, Advocate Mumbai, has drawn our attention to Allahabad High Court judgment delivered on 29.02.12 by D.B. vide citation 2012(3) Bankers’ Journal 201, Shyama Ice & Cold Storage (P) Ltd vs Syndicate Bank according to which when the OTS was under active consideration, initiation action under the Securitisation Act is not permissible as it would amount to simultaneous proceeding against the borrower to wield the sword and stick at the same time. Notice under Sec 13(2) was quashed.


 

(2) Writ Petition by Bank Dismissed - Bank’s Request to Direct Police for taking Physical Possession held without Locus Standi by Kolkata High Court 


 

Following is the extract from our web page vide link

http://www.drtsolutions.com/securitisation_securitization_SARFAESI_SA_Act.htm


 

Mr. Jagdish Bagri, Chairman, The Vaibhavi Foundation, Asansol in his mail of 5th instt has informed as under:-


 

“Sir, Please recall my Visit to Indore some time in Feb 2011 where I had discussed my case with bank of Baroda and you had guided me accordingly.

 

I am writing this for sharing with other readers of our website/Weekly Newsletter.

 

After serving several Notices under Sec 13(2) and 13(4), which were dully opposed, The Bank had filed OA in the DRT, which is still pending. Simultaneously, the Bank had approached the DM and Local Police to forcefully recover our residential Property, which is still pending Partition under the Mitakshara School of Law. Bank had also paid the requisite fees to the Police Department for providing Force some  time in June 2010. But we had filed a petition under sections 144, 116 & also 107. 

 

The bank had filed a writ Petition in Kolkata High Court against the SP/ASP etc seeking an order to direct the Police to provide force. The writ petition has been dismissed today on ground that the bank has no locus standi.

 

Shall send the detailed order in a few days.

 

Thanks and Regards”

 

(3)  ‘Ageless Body, Timeless Mind’ – an Important Book by Dr. Deepak Chopra 


 

Following is the extract from our web page vide link

http://www.drtsolutions.com/new_page_9.htm

This book must be read by all those who are interested in longevity and happy life. Other useful book by Dr. Chopra are Creating Health, Quantum Healing, Perfect Health, Unconditional Life, Return of the Rishi. Bio-data of Dr. Chopra may be found from the following extract from Wikipedia:-

Deepak Chopra (Hindiदीपक चोपड़ा  /ˈdiːpɑːk ˈtʃoʊprə/; born October 22, 1946) is an Indian/American physician and writer. Chopra has taught at the medical schools of Tufts UniversityBoston University and Harvard University. He became Chief of Staff at the New England Memorial Hospital (NEMH) in Massachusetts,[1] before establishing a private practice.[1] In 1985, Chopra met Maharishi Mahesh Yogi, who invited him to study Ayurveda.[2][3] Chopra left his position at the NEMH and became the founding president of the American Association of Ayurvedic Medicine, and was later named medical director of the Maharishi Ayurveda Health Center.[2][3][4]

In 1996, Chopra and neurologist David Simon founded the Chopra Center for Wellbeing, which incorporated Ayurveda in its regimen, and was located in La Jolla, California. The University of California, San Diego, School of Medicine and American Medical Association have granted continuing medical education credits for some programs offered to physicians at the Chopra Center.[1][2][3] In 2002, Chopra and Simon relocated the Chopra Center to the grounds of La Costa Resort and Spa in Carlsbad, California. In 2009, Chopra established the Chopra Foundation to advance the cause of mind/body spiritual healing, education, and research through fundraising for selected projects.[5]

Chopra has written more than 65 books, including 19 New York Times bestsellers. His books have been translated into 35 languages and sold more than 20 million copies worldwide.[6] Chopra has received many awards, including the Oceana Award (2009),[7] the Cinequest Life of a Maverick Award (2010),[8] Humanitarian Starlite Award (2010),[9] and the GOI Peace Award (2010).[10] He is thought by some to be "one of the pre-eminent leaders of the mind-body-spirit movement".[8]

According to a 2008 article in Time magazine, Chopra is “a magnet for criticism”, primarily from those involved in science and medicine. Some critics say that Chopra creates a false sense of hope in sick individuals which may keep them away from effective medical care.[11] Chopra addresses criticisms in his 2011 book War of the Worldviews: Science vs Spirituality, coauthored with CalTech Professor of Physics Leonard Mlodinow. In it he explains his respect and admiration for the scientific method while pointing out its limitations and the need for an expanded science that includes the reality and investigation of the observer, or consciousness.

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DRT Solutions Weekly Mail – 238th Issue dated 30thNovember ‘12
 

All Weekly mails right from 1st Issue to latest, click links on top of this page
 

(1)  Impact of Personal Involvement of the Borrower in the Court Arguments 


 

Following is the extract from our web page vide link.

 http://www.drtsolutions.com/drt_DRT.htm


 

The arguments before the court or DRT in respect of bank litigation require intimate knowledge of banking, industry and finance as the case may be. Most of the advocates may not be having desired level of the said knowledge. That is why we emphasize active involvement of our clients in their litigation. At times when it is observed that the particular material facts are not being placed before the judge, the borrower can submit the same with due permission of the court. Based on our such advice, few of our clients got tremendous benefits in court decisions.


 

(2) Govt asks Banks to Penalize Wilful Defaulters 


 

Following is the extract from our web page vide link

 http://www.drtsolutions.com/drt_DRT.htm


 

Vide news item on page 8 of the Economic Times, New Delhi dated 29th Nov issue, worried over rising bad loans, the Govt has asked the state-owned banks to crack the whip on willful defaulters and initiate penal proceedings against them. This issue figured in meetings of the bankers with finance minister. Besides, the PSU bank chiefs were also advised to expedite steps to deal with willful loan defaulters. The gross NPAs or bad loans of all public sector banks taken together have increased to 4.01% in the second quarter. 


 

Our Comments:- The borrowers must study the relevant RBI’s master circular and carefully watch the actions of the bank. Proper correspondence must be carried out to record the procedural lapses. Despite such precautions, if the bank attempts to classify the account and the directors as willful defaulters, injunction suit must be immediately filed in the court.


 

(3)  What holds You Back is not a Lack of Resources 


 

Following is the extract from our web page vide link

http://www.drtsolutions.com/new_page_9.htm

Mr. Firoz Poonawalla has sent the following useful piece:-


 

What holds you back is not a lack of resources.

 For even when you start with almost nothing,

there is a sure pathway to the goal.

What holds you back is not an absence of opportunity.

For even in the most desperate situations, there is always

the opportunity to make a valuable, positive, powerful difference.

Most likely, the thing that holds you back more than anything else is the

lack of a firm commitment to move forward. And that's great news,

because that is something you can most certainly change.

Whatever you truly decide to do, will get done.

Where you truly decide to go, you will be.

When you decide to, you will find what it takes to work through any challenge.

When you decide to, you can take whatever may come and dig the real value out of it.

Decide to, and you unleash a powerful, focused, creative force.

Decide to, and you will.

~Ralph Marston~

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DRT Solutions Weekly Mail – 237th Issue dated 23rdNovember ‘12

All Weekly mails right from 1st Issue to latest, click links on top of this page


 

(1)  Arbitrators can not decide Mortgage Suits – Supreme Court 


 

Following is the extract from our web page vide link

 

http://www.drtsolutions.com/drt_DRT.htm

Mr. N. K. Sharma, ex-GM(Law) & our Associate and Mr. Bharat Gandhi, Advocate, Mumbai has respectively sent soft copy and hard copy of the relevant Supreme Court ruling in the matter of BOOZ ALLEN AND HAMILTON INC. Appellant VERSUS SBI HOME FINANCE LTD. & ORS. Respondents Civil Appeal No.5440 of 2002-Decided on 15-04-2011 wherein it is laid down as under:- 

“28. A decree for sale of a mortgaged property as in the case of a decree for order of winding up, requires the court to protect the interests of persons other than the parties to the suit/petition and empowers the court to entertain and adjudicate upon rights and liabilities of third parties (other than those who are parties to the arbitration agreement). Therefore, a suit for sale, foreclosure or redemption of a mortgaged property, should only be tried by a public forum, and not by an arbitral tribunal. Consequently, it follows that the court where the mortgage suit is pending, should not refer the parties to arbitration.

 30. Having regard to our finding on question (iv) it has to be held that the suit being one for enforcement of a mortgage by sale, it should be tried by the court and not by an arbitral tribunal”

 Impact of Above Ruling 

(1)           Wherever the Arbitrators are handling mortgage loans, cases needs to be immediately transferred to the Courts or the Tribunals as the case may be.

(2)           Co-operative Banks will be affected to maximum extent as their recovery cases can neither be handled by DRTs under Securitisation Act nor by the Arbitrators. They will have to confine to Co-operative courts only. It is needless to mention that the said Courts are governed by the CPC and hence such recoveries will take considerable time.

(2)  Problems faced by DRT Litigant Borrowers 

 

Following is the extract from our web page vide link

 

http://www.drtsolutions.com/drt_DRT.htm

From the continuous feedback from our clients and interactions with their advocates, we find that they continue to face the following problems from their advocates:-

(a)   The pleadings do not contain the impact of wrong doings by the banks in form of money values i.e. loss and damages or counter-claims are not raised.

(b)   When such borrowers come to us, we prepare the amendments to the said pleadings to incorporate the above deficiencies.

(c)   The concerned advocates do not comprehend the said amendments despite telephonic interactions with us.

(d)   It is proposed that the said advocates are welcome to visit us at their convenient time even on holidays or Sundays so that we shall provide legal validations to the said amendment to the pleadings.

(e)   Without such face to face interactions based on legal documents, books, judgments, video clips etc, the borrowers will be deprived of the complete defence. Once the case is decided by the DRT, it will be extremely difficult correct or remedy the situation. 

(3)  ‘Perfect Digestion’ – a Valuable Book by Deepak Chopra, M.D. 

The above book is a very valuable book and must be read by all health conscious persons.
 

(4)  Management Lesson: Touches the Basics 


 

Following is the extract from our web page vide link

http://www.drtsolutions.com/new_page_9.htm

Mr. Firoz Poonawalla has sent the following useful piece:-

================================
 Management lesson: Touches the basics!
================================

Death asked Life :
Why does everyone love you and hate me.
Life replied :
Because I am a beautiful Lie and you are a painful Truth
=========================================
A Lovely Logic for a beautiful Life
Never try to maintain relations in your life
Just try to maintain life in your relations
========================================
3 stages of Life:
Teen Age – Has time & energy – But no Money
Working Age – Has Money & Energy – But No Time
Old Age – Has Money & Time – But No Energy
========================================
We are very good Lawyers for our mistakes; and very good Judges for
others` mistakes
========================================================
World always say – Find good people and leave bad ones.
But I say, Find the good in people and ignore the bad in them
Because No one is born perfect

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DRT Solutions Weekly Mail – 236th Issue dated 16thNovember ‘12

 

All Weekly mails right from 1st Issue to latest, click links on top of this page

 

(1)  HC Justice Ramachandran says SARFAECI Act should be removed or amended 


 

Following is the extract from our web page vide link http://www.drtsolutions.com/securitisation_securitization_SARFAESI_SA_Act.htm


 

Mr. T.R. Radhakrishnan, Banking Expert and our associate has sent the following very useful news item:-
 

“Justice C N Ramachandran Nair said that the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act which came into effect in 2002 should be removed since it has brought much harm to the loan borrowers from banks. If not revoked, it should be amended so as to benefit the borrowers, he said

Justice Ramachandran was speaking at the inauguration of a seminar on implications of action taken by the bankers against borrowers under SARFAESI Act.

“The Act was brought into effect to help banks so that they could recover their dues from the borrowers. It has helped the bankers. However, it has given them unnecessary power since they can auction off the properties of the owner without their consent at a much lesser price than the market price. This will bring huge losses to the borrower as the market price of land is presently at an all time high,” Justice Ramachandran said.

Speaking about the atrocities being meted out by the bankers to the borrowers through this Act around the country, the High Court Justice pressed for the need of the Parliamentarians to amend the Act so that the owner gets a right to sell his land at his own price, after the bank auctions off a portion of the land to get back his dues. Justice Ramachandran added many suicides have been committed in the past because the borrowers, especially the farmers, are not provided any security.

By Express News Service - KOCHI

29th July 2012 10:44 AM”


 

(2)  Discovery of Documents – Most Important part of DRT Litigation 


 

Following is the extract from our web page vide link

http://www.drtsolutions.com/drt_DRT.htm


 

All the bank transactions and dealings are recorded on documents. Hence these documents form the basis on which the pleadings are to be framed as well as the case is adjudicated upon in the DRTs. The bank officials commit several wrong doings on account of which the borrower suffers loss and damages. The pleadings, therefore, should contain the said loss and damages or the counter-claim. Only after preparation of perfect pleadings, the case should be allowed to proceed further in the DRTs. It is observed that the banks take time to reply to such perfect pleadings. After the receipt of the reply from the bank, one should prepare list of important documents. Application be filed for inspection of the said documents. In many cases it is observed that the banks do not allow inspection of all the documents. Whereas as per the law, all the documents which are related with the case are to be produced. Resolution of such issue itself may take several years.
 

(3) One of our Clients appreciates our Service past 9 years 


 

Following is the extract from our web page vide link

http://www.drtsolutions.com/drt_DRT.htm
 

One of our clients from Mumbai, Mr. Anand Agrawal came to us in 2003. We prepared his DRT pleadings including the counter-claim. Since then he has been continuously in touch with us. He appreciates our continuous guidance past 9 years vide his mail dated 12th instant reproduced below.  Our policy to give best possible after sales service to all our clients till their case is finally decided. We have clients as old as 1989 i.e. 23 years and still best standard of service is always maintained. In fact on account of such close involvement, our knowledge and experience also has been tremendously boosted.

“Anand K. Agrawal

aanandkagrawal@gmail.com

 

 

 

Mon, Nov 12, 2012 at 5:11 PM

 

 

 

 

 

 

 

 

Dear Ram Kishan Sir,

                                         Since 2003; we were struggling to come out of Morass. At last after 9 years of continuous battle in numerous courts, the bank has principally agreed in front of  arbitrator  to settle our dues in the principal amount . We thank your good self for continuous guidance and support through this patch of our life .

 

Regards

 

Aanand Agrawal
Aarti Cable and Compounds Pvt. Ltd
aanandkagrawal@gmail.com
mob-9322867451,9820029015
http://www.aarticable.com
"Member Of The World's No.1 Business Referral Organization"BNI - Business Network International
Member of AIPMA (All India Plastics Manufacturers Association)”


 

(4 ) Points to ponder – Sixty plus & Going Strong 

Following is the extract from our web page vide link

http://www.drtsolutions.com/new_page_9.htm

Mr. Firoz Poonawalla has sent the following very useful information:-

Points to ponder: As received from a fellow (senior) citizen !

Sixty plus and Going Strong. 

(Translated from the original in Chinese)
=====================
There are 1000-year old trees in the mountain, but not many 100 year-old people……………. At the most, you live until 100 years old (only 1 in 100,000).

If you live until 90, you only have 10 years……..If you live until 80, you only have 20 years.

Because you don't have many years to live, and you can't take along things when you go, you don't have to be too thrifty……. Spend the money that should be spent, enjoy what should be enjoyed, donate what you are able to donate, but don't leave all to your children or grandchildren, for you don't want them to become parasites.

Don't worry about what will happen after you are gone, because when you return to dust, you will feel nothing about praises or criticisms.

Don't worry too much about your children for children will have their own destiny and find their own way. Don't be your children's slave.

Don't expect too much from your children. Caring children, though caring,would be too busy with their jobs and commitments to render any help. Uncaring children may fight over your assets even when you are still alive, and wish for your early demise so they can inherit your
properties. Your children take for granted that they are rightful heirs to your wealth; but you have no claims to their money. 60-year old's like you, don't trade in your health for wealth anymore;…………. Because your money may not be able to buy your health………When to stop making money, and how much is enough(hundred thousands, million, ten million)?

Out of thousand hectares of good farm land, you can only consume three quarts (of rice) daily; out of a thousand of mansions, you only need eight square meters of space to rest at night.
So as long as you have enough food and enough money to spend, that is good enough. So you should live happily. Every family has its own problems. Just do not compare with others for fame and social status and see whose children are doing better, etc. but challenge others for happiness, health and longevity…………. Don't worry about things that you can't change because it doesn't help and it may spoil your health.

You have to create your own well-being and find your own happiness.
As long as you are in good mood, think about happy things, do happy things daily and have fun in doing, then you will pass your time happily every day.

One day passes, you will lose one day;…One day passes with happiness, and then you gain one day.
In good spirit, sickness will cure; in happy spirit, sickness will cure fast; in good and happy spirit; sickness will never come.

With good mood, suitable amount of exercise, always in the sun, variety of foods, reasonable amount of vitamin and mineral intake, hopefully you will live another 20 or 30 years of healthy life.


Above all learn to cherish the goodness around ……and FRIENDS… …..they all make you feel young and "wanted"…without them you are surely to feel lost!!
Wishing you all the best.

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DRT Solutions Weekly Mail – 235th Issue dated 9thNovember ‘12


 

All Weekly mails right from 1st Issue to latest, click links on top of this page


 

(1) Counter-claim filed much later than WS – Permissible – Supreme Court Judgment 


 

Following is the extract from our web page vide link

http://www.drtsolutions.com/drt_DRT.htm


 

One of our clients informed that his advocate has objected to the counter-claim prepared by us as WS was filed long back and hence the counter-claim can not be filed now as as per the DRT Act it should have been filed along with the WS.


 

Another of our clients filed the counter-claim much after the WS. The bank submitted an application stating that such counter-claim is not maintainable.

We informed the above clients that the particular provisions in the DRT Act are exactly same as those in the CPC. Such issue came up in the civil courts and the Supreme Court ruled that the counter-claim if based on the facts on or before the date of filing of the WS is  maintainable even if filed much later than the WS. The relevant extract from the said Supreme Court judgment are reproduced below, which are self explanatory:-

(1)  Mahendra Kumar vs State of Madhya Pradesh decided on 04.05.87 vide citations 1987 (3) SCC 265 : 1987 AIR(SC) 1395 : 1987 (2) JT 524 : 1987 (1) Scale 1257 : 1987 (3) SCR 155 : 1987 (2) UJ(SC) 274 : 1987 Legal Eagle 475 

Extract :- 

(15)         THE next point that remains to be considered is whether Rule 6-A(1) of Order VIII of the Code of Civil Procedure bars the filing of a counter-claim after the filing of a written statement. This point need not detain us long, for Rule 6-A(1) does not, on the face of it, bar the filing of a counter-claim by the defendant after he had filed the written statement. What is laid down under Rule 6-A(1) is that a counter-claim can be filed, provided the cause of action had accrued to the defendant before the defendant had delivered his defence or before the time limited for delivering his defence has expired, whether such counter-claim is in the nature of a claim for damages or not. The High court, in our opinion, has misread and misunderstood the provision of Rule 6-A(1) in holding that as the appellants had filed the counter-claim after the filing of the written statement, the counter-claim was not maintainable. The finding of the High court does not get any support from Rule 6-A( 1) of the Code of Civil Procedure. As the cause of action for the counter-claim had arisen before the filing of the written statement, the counter-claim was, therefore, quite maintainable. Under Article 113 of the Limitation Act, 1963, the period of limitation of three years from the date the right to sue accrues, has been provided for any suit for which no period of limitation is provided elsewhere in the Schedule. It is not disputed that a counter-claim, which is treated as a suit under S. 3(2)(b) of the Limitation Act has been filed by the appellants within three years from the date of accrual to them of the right to sue. The learned District Judge and the High court were wrong in dismissing the counter-claim. 

(2)  Shanti Rani Das Dewanjee vs Dineshchandra Day decided on 18.09.97 vide citations:- 1997 (8) SCC 174 : 1997 (8) JT 228 : 1997 (8) Supreme 374 : 1997 Legal Eagle 1193

 

Extract :-

 

“(2) IN our view, the impugned decision does not warrant interference. Such question was specifically raised before this court in Mahendra Kumar v. State of M.P. It has been held by this court that right to file a counter claim under Order VIII Rule 6-A of the Code of Civil Procedure is referable to the date of accrual of the cause of action. If the cause of action had arisen before or after the filing of the suit, and such cause of action continued up to the date of filing written statement or extended date of filing written statement, such counter-claim can be filed even after filing the written statement. The said Civil Case No. 248 of 1982, in which the application under Order VIII Rule 6-A has been filed by the defendant-respondents was instituted on 15/7/1982 and the application under Order VIII Rule 6-A was presented on 22/6/1985. It cannot be held that the cause of action for the suit or counter-claim was ex facie barred by limitation under the Limitation Act. It has been sought to be contended by the learned counsel for the appellant that in the instant case, the cause of action had arisen long before the institution of the said Civil Case No. 248 of 1982 and, therefore, the suit and counter-claim were barred under the Limitation Act. Such question was not raised before the court below and, therefore, had not been gone into. It is therefore, not necessary for this court to decide the same because the question of limitation regarding the suit if raised will be decided after ascertaining the date of accrual of the cause of action on the basis of relevant materials to be placed on record. We are therefore, not expressing any opinion on the said contention sought to be raised by the learned counsel for the appellant, for the first time before this court. As the application under Order VIII Rule 6-A is not ex facie barred the impugned order cannot be held to be incorrect on the grounds urged before the court below. We therefore find no reason to interfere with the impugned order. This appeal, therefore, fails and is dismissed without any order as to costs.”

 

(2) Mortgage Loans cannot be decided by Arbitrators – Supreme Court Judgment 


 

Following is the extract from our web page vide link

http://www.drtsolutions.com/drt_DRT.htm


 

Recently Supreme Court of India has ruled that Mortgage Loans can not be dealt with by the Arbitrators. The details will be furnished in the future weekly mail. This ruling will have far reaching consequences.

 

(3) Eat Right 

Following is the extract from our web page vide link

http://www.drtsolutions.com/new_page_9.htm

Mr. Firoz Poonawalla has sent the following very useful information:-


 

1 Pineapple is a natural painkiller. The fruit contains anti-inflammatory enzymes that bring pain relief from conditions such as arthritis, according to a study at Reading University.


2 Pomegranate juice could prevent a heart attack This wonder juice is believed to improve blood flow to the heart and lower blood pressure.

3 Onions are natural antibiotics. They might make your breath pong but onions contain allicin, a powerful antibiotic that also protects the circulatory system.

4 Mushrooms can ward off colds. They contain more of an immune-boosting antioxidant called ergothioneine than any other food, say researchers at Pennsylvania State University.

6 Blueberries can boost memory. A study at Tufts University in Boston showed eating half a cup of this fruit regularly could delay age-related deterioration in co-ordination and short-term memory

8 Eat chocolate, live longer Hurray! Harvard University scientists say that eating a couple of chocolate bars a week could extend your life by almost a year.

9 Grapefruit juice can stop medicine working. If you're taking medication, avoid washing it down with grapefruit juice as there is evidence that it prevents some drugs being broken down.

10 You should never drink tea or coffee with meals. Tannins in tea and coffee prevent absorption of certain nutrients. A cup of tea with a meal will halve the iron you get from it, whereas a glass of orange juice will double it.

11 Cherries can cure gout - Cherries contain compounds that significantly reduce the chemicals in the body which cause joint inflam-mation.

12 Eating curry could help prevent Alzheimer's. According to a report in the Journal of Biological Chemistry, a yellow pigment used in curry, curcumin, can stop amyloid plaques in the brain that cause the condition.

13 Sniffing a lemon could help you beat asthma. The UK's 5.1 million asthmatics could find lemons ease their symptoms. Studies in rats found that breathing improved after they inhaled limonene, the chemical that gives lemons their smell

14 Kiwi fruit can improve your eyesight. This fuzzy fruit is a surprisingly good source of lutein, an antioxidant that protects your vision.

15 Garlic can cure mouth ulcers and verrucas. Here's an old wives' tale that works: halve a clove of garlic, squeeze, and apply a drop of the juice to the offending growth at bedtime.

16 You can have too little salt. Too much salt isn't good for us but not getting enough can trigger low blood pressure in those susceptible. Consult your GP before making any major diet changes.

17 Figs can delay brittle bone disease. Good news for the three million osteoporosis sufferers in the UK - it is possible to slow its progress by eating calcium-packed figs.

18 Soya can mimic breast cancer drugs. A team of Cambridge researchers discovered that a diet high in soya can have a similar effect to anti-cancer drug Tamoxifen.

19 Barbecued-food can cause cancer. Eating meat that's chargrilled or burnt could lead to stomach, pancreatic, colon and breast cancer because it creates high levels of carcinogenic compounds.

20 Cinnamon can help diabetics. Just half a teaspoon a day of this spice can significantly reduce blood sugar levels in diabetics, says US research.

21 Chillies can help you breath more easily Capsaicin, which occurs in chillies, shrinks the mucous membranes which can ease blocked noses and sinuses.

22 Watermelon is good for the prostate. Men will be glad to know that the red flesh contains the antioxidant Lycopene, which helps keep the prostate gland healthy.

23 Coriander can lower your cholesterol levels. This aromatic herb can reduce cholesterol levels and prevent heart problems.

24 Nibbling nuts can prevent blood clots. Nuts boost nitric oxide, a compound that relaxes blood vessels and eases blood flow.

25 Banish bad breath with natural yoghurt. A few spoonfuls of natural yoghurt can neutralise halitosis, according to Japanese researchers.

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DRT Solutions Weekly Mail – 234th  Issue dated 2nd  November ‘12

All Weekly mails right from 1st Issue to latest, click links on top of this page

 

(1) Hurried Publication by Banks for Auction of Secured Assets 


 

Following is the extract from our web page vide link

http://www.drtsolutions.com/securitisation_securitization_SARFAESI_SA_Act.htm


 

In many cases it is observed that the Banks are jumping for auctioning of the assets by hurried publication in news papers. They are not bothered even to wait for outcome of the adjudication by the DRTs. In three cases, our clients submitted before the banks that since the SAs are pending and in the said SAs, the borrowers have put up their claim for loss and damages due to the wrong doings committed by the banks. Further since the said loss and damages were much more than the claim of the banks and hence there was ‘No Debt Due’ Since the banks did not pay any heed to such submissions by the borrowers, the borrowers prepared their counter advertisements in the news papers highlighting the wrong doings by the banks as well as the ‘No Debt Due’ situation. When such publications were read by the intending purchasers, they preferred to abstain from such hurried auction fearing that the purchase of such properties will result in long drawn litigations. Thus the entire exercise by the banks became fruitless.
 

(2) DRTs are at Cross Roads 

Following is the extract from our web page vide link

http://www.drtsolutions.com/drt_DRT.htm


 

The objectives and roles of the DRTs have become questionable. The relevant aspects are as under:-

(a)   The DRTs were evolved and constituted based on recommendations of Tiwari Committee set up by RBI at the instance of the Central Govt. The said committee in its recommendations published by the RBI in 1984 laid down that the DRTs should be manned (i.e. the Advocates and Judges in DRTs) by persons having expertise in banking, industry and finance. Till date the said important recommendation has not been implemented by the government. As a result the pleadings, adjudications and judgments are greatly suffering due to lack of knowledge of banking, industry and finance by the DRT Advocates and DRT Judges. They are mostly working to recover alleged dues of the bank by hook or crook even ignoring the fundamentals of trial. 

(b)   The Supreme Court in the matter of Mardia Chemicals in 2004 laid down that the SA is in lieu of a civil suit and borrowers cannot be left remediless. Since then the SAs are being prepared similar to civil suits.

(c)   The Supreme Court in the matter of Grapco Industires Ltd in 1999 laid down that the DRTs even can travel beyond the scope of CPC for the purpose of natural justice. This greatly widened the scope of adjudication. It is more so due to bar of civil court prescribed in Sec 34 of the SARFAESI Act.

(d)   The above provisions helped in including in the SAs the loss and damages caused due to wrong doings of the banks in pursuance of the law of torts and law of damages.

(e)   The Supreme Court has restricted the interference by the High Courts and laid down that DRTs alone should first judicially determine the facts.

(f)    The resultant scenario has greatly enhanced the scope and wide coverage of DRT litigations and progressively it is becoming highly complex.

(g)   The continuance of DRTs under Ministry of Finance in place of Ministry of Law despite 15 years old Supreme Court directive is making the whole DRT setup and working highly biased in favour of banks. Further provisions like compulsory deposit of 25% in appeal to DRAT in the matter of SAs have forced the borrower to accord maximum focus to DRT as virtually there is no appeal. Hence the DRT litigations will tend to become much more complex and complicated.

(h)   Similar situation happened about 30 years back when the Industrial Tribunals had to be closed down due to ever increasing complexities.    

(i)    As a whole, no one can ignore our Constitution which promises and ensures Justice to all. Any short cut or summary action will give ample scope to the sufferer to go for further legal remedies like reviews and appeals which itself will take long time to decide.

(j)    We are not learning from the experience of Tribunals in UK. The tribunals were first formed there in 1800. The litigations became progressively complicated. It took 157 years to find out workable solution based on Sir Frank Committee report.

(k)   In conclusion, the DRT litigations can not be viewed only from legal angle. It is not a simple money recovery. The government policies and RBI Guidelines have numerous protections by way of revival, rehabilitations and restructurings which the banks are duty bound to obey before coming to DRTs which they are not doing and hence such lapses are boomeranging on them only. The banks are disillusioned. Their dreams of getting quick recoveries have not come true as they unable to  become Pathans or Vasool Rajas. 

(3) The 8 Germiest Public Places 

Following is the extract from our web page vide link

http://www.drtsolutions.com/new_page_9.htm

Mr. Firoz Poonawalla has sent the following very useful information:-

Be Prepared To Be surprised - The 8 Germiest Public Places...
Excerpt from The List Maker’s Get-Healthy Guide, By the Editors of Prevention
=========================================================================
An average adult can touch as many as 30 objects within a minute, including germ-harboring, high-traffic surfaces such as light switches, doorknobs, phone receivers, and remote controls. At home, you do all that you can to keep the germs at bay. But what happens when you step out the door to go to dinner, do some grocery shopping, or visit the doctor’s office? Know where germs are most likely to lurk, as you’ll find out here.

1. Restaurant menus
================
Have you ever seen anyone wash off a menu? Probably not. A recent study in the Journal of Medical Virology reported that cold and flu viruses can survive for 18 hours on hard surfaces. If it’s a popular restaurant, hundreds of people could be handling the menus–and passing their germs on to you. Never let a menu touch your plate or silverware, and wash your hands after you place your order. Or use antibacterial wipes.


2. Lemon wedges
================
According to a 2007 study in the Journal of Environmental Health, nearly 70% of the lemon wedges perched on the rims of restaurant glasses contain disease-causing microbes. When the researchers ordered drinks at 21 different restaurants, they found 25 different microorganisms lingering on the 76 lemons that they secured, including E. coli and other fecal bacteria. Tell your server that you’d prefer your beverage sans fruit. Why risk it?
Drinking lemon water instead of soda is a good weight loss strategy. But you don’t have to ditch your diet just because you’re eating out.

3. Condiment dispensers
================
It’s the rare eatery that regularly bleaches its condiment containers. And the reality is that many people don’t wash their hands before eating, says Kelly Reynolds, PhD. So while you may be diligent, the guy who poured the ketchup before you may not have been, which means his germs are now on your fries. Squirt hand sanitizer on the outside of the condiment bottle or use a disinfectant wipe before you grab it. Holding the bottle with a napkin won’t help; napkins are porous, so microorganisms can pass right through, Reynolds says.

4. Restroom door handles
'=================
Don’t think you can escape the restroom without touching the door handle? Palm a spare paper towel after you wash up and use it to grasp the handle. Yes, other patrons may think you’re a germphobe–but you’ll never see them again, and you’re the one who won’t get sick.

5. Soap dispensers
==============
About 25% of public restroom dispensers are contaminated with fecal bacteria. Soap that harbors bacteria may seem ironic, but that’s exactly what a recent study found. “Most of these containers are never cleaned, so bacteria grow as the soap scum builds up,” says Charles Gerba, PhD. “And the bottoms are touched by dirty hands, so there’s a continuous culture feeding millions of bacteria.” Be sure to scrub hands thoroughly with plenty of hot water for 15 to 20 seconds–and if you happen to have an alcohol-based hand sanitizer, use that, too.

6. Grocery carts

==============
The handles of almost two-thirds of the shopping carts tested in a 2007 study at the University of Arizona were contaminated with fecal bacteria. In fact, the bacterial counts of the carts exceeded those of the average public restroom. Swab the handle with a disinfectant wipe before grabbing hold (stores are starting to provide them, so look around for a dispenser). And while you’re wheeling around the supermarket, skip the free food samples, which are nothing more than communal hand-to-germ-to-mouth zones.


7. Airplane bathrooms
=================
When Gerba tested for microbes in the bathrooms of commercial jets, he found surfaces from faucets to doorknobs to be contaminated with E. coli. It’s not surprising, then, that you’re 100 times more likely to catch a cold when you’re airborne, according to a recent study in the Journal of Environmental Health Research. To protect yourself, try taking green tea supplements. In a 2007 study from the University of Florida, people who took a 450-milligram green tea supplement twice a day for 3 months had one-third fewer days of cold symptoms. The supplement brand used in the study was Immune Guard ($30 for 60 pills; 
immune-guard.us).

8. Doctor’s office
================
A doctor’s office is not the place to be if you’re trying to avoid germs. These tips can help limit your exposure:
1. Take your own books and magazines (and kid’s toys, if you have your children or grandchildren with you).
2. Also pack your own tissues and hand sanitizers, which should be at least 60% alcohol content.
3. In the waiting room, leave at least two chairs between you and the other patients to reduce your chances of picking up their bugs. Germ droplets from coughing and sneezing can travel about 3 feet before falling to the floor.

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DRT Solutions Weekly Mail – 233rd Issue dated 26thOctober ‘12

 

All Weekly mails right from 1st Issue to latest, click links on top of this page


 

(1) Transfer of DRTs from Ministry of Finance to Ministry of Law 

Following is the extract from our web page vide link

http://www.drtsolutions.com/drt_DRT.htm

Dr. Suresh, Founder, Borrowers’ Rights Forum and one of our clients have sought information under RTI Act from Ministry of Finance. Highlights of the reply received are as under:-

(a)   The first meeting of the  Inter Ministerial Group (IMG) was held on 13.09.12. The minutes of the meeting shows that various ministries are at very initial stage to implement the decisions of the Supreme Court of 1997 and 2010. There is no consensus among them.

(b)   Govt deptts do not initiate any contempt  proceedings.

(c)   Ministry of Law is taking necessary actions to implement the decision of the Supreme Court of India.

(d)   If the orders passed by the DRTs are unconstitutional and illegal, concerned parties should file appeal against those orders.

Our Comments

(a)   As a whole, the ministries are not at all serious about the decision of the Supreme Court passed in 1997, ie 15 years back.

(b)   The bank lobby got the DRT Act and Securitisation Act enacted as per their requirements. They avoided enactment of ‘Lenders’ Liability Act’

(c)   The said bank lobby is appointing and posting bank officials as the POs and Recovery Officers in the DRTs. They are holding regular meetings with the said DRT Officials. They will not allow transfer of DRTs from Ministry of Finance to Ministry of Law. They have the audacity to ignore the Supreme Court verdict past 15 years. Thus there is clearcut bias in favour of banks.

(d)   In view of above, there is no option but to include the above in the pleadings, implead the Ministry of Finance and Ministry of Law, implead the Chairman of the bank, plead counter-claim and use all legal tools like Reviews at every stage of trials.

(2) Kingfisher Airlines Scandal in Bank Financing – Writeoff of huge Bank Loans of Rs. 6000 crores   

Following is the extract from our web page vide link

http://www.drtsolutions.com/drt_DRT.htm

 

There is talk about write off of huge bank loans of Rs. 6000 croes vide news item in the Economic Times dated 24.10.12, page 1 title ‘Banks may’ve to Write Off KFA Loans’ Our comments are as under:-

(a)   Write off of huge amount of Rs 6000 crores just can not be done. This money belongs to the public i.e. the depositors. The depositors must file PIL in the Supreme Court for fixing responsibilities on the Chairmen and Directors of the concerned banks. Even RBI officials, Ministers and political parties may be involved.

(b)   The banks first make out all efforts for revival, rehabilitation and restructuring of KFA before such a write off.

(c)   Scheme must be made as to how the depositors will be compensated out of the reserves and future earnings of the banks.

(d)   Why KFA and Vijay Mallya are not  being  treated just like other borrowers. They must be declared ‘Wilful Defaulter’, assets of their other businesses should be seized and sold. If you can not do with them, they such benefits must be extended to other borrowers.

(e)   When the banks can write off such a huge amounts of Rs. 6000 crores, why loans of small borrowers and farmers who are committing suicides can not be written off.

(f)    This particular case should be included in the pleadings and arguments of the bank borrowers.

 

(2) Nutritious Diet & Our Own Recipe   

Following is the extract from our web page vide link

http://www.drtsolutions.com/new_page_9.htm

 

It is well known that cooking destroys the micro elements in the food prepared in our homes. The requirement of the body are as under:-

(a)   The food should be in the natural form i.e. raw i.e. raw vegetables and sprouted grains. There should be maximum possible varieties but quantity of each should be small. Apple can be regarded as vegetable.

(b)   Vegetables and Fruits should not be taken together as the enzymes for digestion are different.

(c)   There should be minimum gap of 4 hours between the diets containing vegetables and grains.

(d)   Milk should be taken alone with 2 hour gap from other eatables.

(e)   Fruits can be taken with gap of 1 hour.

(f)    With above restrictions and prescriptions, we prepared our own recipe. We took small quantities of fresh 4 or 5 vegetalbes, cut into pieces, add apple, garlic, honey and other items for taste and flavor and put all these in a mixer grinder. The paste is just like Chatney. This can be taken as  a meal or combined with a meal with above timings.

(g)   Such diet provides all vitamins and food elements in most natural form and is highly nutritious.

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DRT Solutions Weekly Mail – 232nd Issue dated 19thOctober ‘12

All Weekly mails right from 1st Issue to latest, click links on top of this page


 

(1) Counter-claim is the only Total Defence for Borrowers in DRTs – Fundamentals & Foundation  

Following is the extract from our web page vide link

http://www.drtsolutions.com/drt_DRT.htm


 

Despite our repeated emphasis since 2001, the borrowers and or their advocates are not filing counter-claim or loss and damages against the wrong doings of the banks. Our views and suggestions are as under:-

(a)   In our democratic setup, based on the desires of the public, the Parliament frames  policies relating to banking, industry and finance and the same are conveyed to RBI. The RBI prepares the same in form of RBI Guidelines and the same are conveyed to the Chairman of every bank.

(b)   The Chairman of every bank is duty bound to convey the said RBI Guidelines in form of Branch Circulars to all the officers of his bank to ensure compliance in all respect. Thus this is how the desires of the public are intended to be complied with by all the banks.

(c)   On account of above, all along we have been emphasizing to implead the Chairman of the bank in all the pleadings.

(d)   In actual cases, it is found that the said RBI Guidelines are openly violated at every stage right from the stage of sanction amounting to wrong doings.

(e)   As per the law of torts, the borrowers are entitled for compensation for the said wrong doings. The said compensation is called counter-claim or claim for loss and damages.

(f)    In almost all the cases, the said compensation is found to be much more than the alleged claim of the bank resulting into ‘No Debt Due’

(g)   Under the situation of ‘No Debt Due’, no recovery can be made till the actual dues are determined by the process of adjudication. The borrower is entitled for complete justice using established law and procedure of law. The trial in DRT is first and last. Thorough and perfect trial will take time.

(h)   If no counter-claim is filed, the wrong doings of the bank will never come to light, justice for the borrower will never be achieved and the alleged claim of the bank will be easily decreed.

(i)    The pleadings of the counter-claim be prepared by a person having knowledge of banking, industry, finance, law of torts, law of damages, law of evidence and all the relevant procedural laws.

(j)    Past 23 years, we have observed that wherever perfect counter-claim has been pleaded, the bankers themselves run after the borrower to settle the matter or the banks have lost the case. In some cases, the settlements have been even as low as 5%.

(k)   On the various aspects of the counter-claim, we have covered this topic in our several weekly mails apart from sufficient space devoted in our web site. Whenever our clients need any clarification or elaboration, we provide to them.


 

(2) Miracle of Honey  

Following is the extract from our web page vide link

http://www.drtsolutions.com/new_page_9.htm

Mr. Firoz Poonawalla has sent the following useful information:-

Modern medicine is only just learning of this fact. People knew honey from ancient times and long before they began to process refined sugar. Honey's natural properties also make it an excellent replenisher and a solvent; it opens the pores of blood vessels and eases menstrual discharge, forces out phlegm, and opens obstruction of the liver, kidney, and bladder.

Honey is abluent and an aperient. It contains detergent and tonic properties that cleanse the arteries and bowels of impurities. It opens obstructions of the liver, kidney, and bladder. It is also a general preservative, and it helps to preserve the potency of salves among other natural medicinal remedies. Honey is also a curative for a depraved appetite, and when taken as a drink

Honey and Cinnamon Remedy
1) HEART DISEASES: Apply honey and cinnamon powder on bread instead of using jam or butter and eat it regularly for breakfast.
2) ARTHRITIS:Apply a paste made of the two ingredients on the affected part of the body and massage slowly.
3) HAIR LOSS:Apply a paste of hotolive oil,a tablespoon of honey, a teaspoon of cinnamon powder before bath, leave it for 15 min and wash.
4) 
BLADDER INFECTIONS: Mix cinnamon powder and honey in a glass of lukewarm water and drink.
5) TOOTHACHE: Apply a paste of cinnamon powder and honey and on the aching tooth.
6) CHOLESTEROL:Add honey to cinnamon powder mixed in boiled water or green tea and drink.
7) 
COLDS: Make a glass of lukewarm honey water mixed with cinnamon powder to help boost your immune system during the cold season. It may also help to clear your sinuses.
8) 
INDIGESTION: Cinnamon powder sprinkled on a spoonful of honey taken before food relieves acidity..
9) 
PIMPLES: Mix honey with cinnamon powder and apply paste on thepimples before sleeping and wash away the next morning.
10) 
OBESITY: To reduce weight,daily drink a mixture of a teaspoon of honey with half a teaspoon of cinnamon powder boiled in water with an empty stomach in the morning

 

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DRT Solutions Weekly Mail – 231st Issue dated 12th October ‘12

 

All Weekly mails right from 1st Issue to latest, click links on top of this page

(1) Misconceptions of DRT Advocates

Following is the extract from our web page vide link

http://www.drtsolutions.com/drt_DRT.htm

Recently one of our clients asked his advocate to interact with us over phone. We found the following misconceptions:-

(a)   Misconception :- Past 3 years, several applications were rejected and hence no more application can be made.

Our Reply:- There is no limit for making applications. Even after 99 rejected applications, 100th application can be made provided it is essential to get justice.

(b)   Misconception :- At such late stage, there is no scope for making counter-claim.

Our Reply:- Counter-claim can be made at any stage. We have even made a counter damage suit even after 21 years. Since the nature of damages is based on continuing cause of action, there is no limitation for making claim for such damages.

(c)   Misconception:- The judge will reject such counter-claim.

Our Reply:- The DRT Judge has no such power to reject the counter-claim out rightly. He being a trial judge has to follow the law and the procedure of law and has to give his order in writing. When an amendment application is made to incorporate the loss and damages or counter-claim application is filed, the judge has to give the same to the opposite party. After receiving the reply, the matter is to be argued upon and then the order Is to be issued whether the said claim can be incorporated. As per several verdict of the Supreme Court the amendment applications have to be liberally allowed in the interest of justice.

(d)    Misconception:- The DRT Judges are in favour of banks.

Our Reply:- This view emanates when we are not having adequate knowledge of banking, industry and finance. If the person having such knowledge makes the pleadings, it is the bank which has to reply to such pleadings and the DRT judge does not come into picture. We drew attention to the case of 4 banks which lost a recovery case of Rs. 90 crores in DRT Mumbai. The entire judgment is reproduced in our web site vide link

(e)   Misconception:- The case is fixed up for final orders, the judge will not allow any further date.

Our Reply:- In court craft, there are several methods and tools by which one may obtain further date depending on the facts and circumstances of a case. We described some of such methods.

Conclusion:- We reiterated the following facts:-

(i)            The DRT is a trial court. When all the facts relating to banking, industry and finance in respect of the case has been pleaded thoroughly and perfectly, trial has to be conducted as per law and the procedure of law.

(ii)           The bank litigations are based on documents. All the documents are in power and possession of the bank. It is only when all the relevant documents have been inspected and certified copies have been obtained and the pleadings have been amended to incorporate the impact of the said documents, one can expect to win any bank case.

(iii)         To achieve a fair and complete trial is a constitutional right in a democratic setup like ours.

(iv)          The defence of borrowers and guarantors will never be complete without putting forth counter-claim in money value.

(v)           We invited the said advocate to visit us and have thorough interactions to clear the above misconceptions.

 

(2) Hindi Movie – OMG – Oh My God – Damages filed against God – Court battle fought by litigant himself

Following is the extract from our web page vide link

http://www.drtsolutions.com/new_page_9.htm

One of our clients informed that the above mentioned Hindi movie is interesting comedy wherein damages are filed against God and the court battle is filed by the litigant himself. The reviews in internet also praise the movie.

(3) Healthy Eating Plate – Harvard’s New Guide to Healthy Eating – The Nutrition Source

Following is the extract from our web page vide link

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The Nutrition Source

Healthy Eating Plate

Harvard's New Guide to Healthy Eating

http://www.hsph.harvard.edu/nutritionsource/healthy-eating-plate/

Start here to learn more about the new Healthy Eating Plate, created by nutrition experts at Harvard School of Public Health, in conjunction with Harvard Health Publications. The Healthy Eating Plate can be your blueprint for planning a healthy balanced meal, and it fixes key flaws in the U.S. Department of Agriculture’s MyPlateOpens in New Window.

How can you follow the Healthy Eating Plate? Here's a rundown, section by section:

·         Fill half of your plate with vegetables and fruits.  The more color, and the more variety on this part of the plate, the better. Potatoes and French fries don't count as vegetables on the Healthy Eating Plate, because they are high in fast-digested starch (carbohydrate), which has the same roller-coaster effect on blood sugar and insulin as white bread and sweets. These surges, in the short term, can lead to hunger and overeating, and in the long term, can lead to weight gain, type 2 diabetes, and other health problems. Read more about vegetables and fruits, or read more about carbohydratesand health.

·         Save a quarter of your plate for whole grains—not just any grains: Whole grains—whole wheat, brown rice, and foods made with them, such as whole wheat pasta—have a gentler effect on blood sugar and insulin than white bread, white rice, and other so-called “refined grains.” That’s why the Healthy Eating Plate says to choose whole grains—the less processed, the better—and limit refined grains. Read more about whole grains.

·         Put a healthy source of protein on one quarter of your plate:  Chose fish, chicken, beans or nuts, since these contain beneficial nutrients, such as the heart-healthy omega-3 fatty acids in fish, and the fiber in beans. An egg a day is okay for most people, too (people with diabetes should limit their egg intake to three yolks a week, but egg whites are fine). Limit red meat—beef, pork, and lamb—and avoid processed meats—bacon, cold cuts, hot dogs, and the like—since over time, regularly eating even small amounts of these foods raises the risk of heart disease, type 2 diabetes, and colon cancer. Read more about healthy proteins.

·         Use healthy plant oils. The glass bottle near the Healthy Eating Plate is a reminder to use healthy vegetable oils, like olive, canola, soy, corn, sunflower, peanut, and others, in cooking, on salad, and at the table. Limit butter, and avoid unhealthy trans fats from partially hydrogenated oils. Read more about healthy fats.

·         Drink water, coffee or tea. On the Healthy Eating Plate, complete your meal with a glass of water, or if you like, a cup of tea or coffee (with little or no sugar). (Questions about caffeine and kids? Read more.) Limit milk and dairy products to one to two servings per day, since high intakes are associated with increased risk of prostate cancer and possibly ovarian cancer. Limit juice to a small glass per day, since it is as high in sugar as a sugary soda. Skip the sugary drinks, since they provide lots of calories and virtually no other nutrients. And over time, routinely drinking sugary drinks can lead to weight gain, increase the risk of type 2 diabetes, and possibly increase the risk of heart disease. Read more about healthy drinks, or read more about calcium, milk, and health.

·         Stay active. The small red figure running across the Healthy Eating Plate’s placemat is a reminder that staying active is half of the secret to weight control. The other half is eating a healthy diet with modest portions that meet your calorie needs. Read 20 tips for staying active.

    

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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.

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