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

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DRT Solutions Weekly Mail – 250th Issue dated 22ndFebruary ‘13

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


 

(1) PO DRTs – Complaint about Biased towards Banks & hence Injustice - Points to approach High Court for Superintendence over the DRTs


 

Following is the extract from our web page vide link

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


 

Several recipients of our weekly mail have approached us to suggest the points on which the litigant borrowers may approach the High Court  if they find injustice from DRTs. In this connection reference is made to the Supreme Court directives contained in the last weekly mail. Few points could be as under:-

“There is strong apprehension of injustice on account of the following reasons:-

(a)  The present P.O. DRT is whimsical and hence is source of injustice

There have been several representations, agitations, strikes and movements against him/her in the Debt Recovery Appellate Tribunal as well as the Govt. There is a temporary effect on him/her only for few days and then he/she becomes whimsical again. It appears that the entire Judicial Machinery is helpless. The advocates and the litigants have been seriously injured but there have been no effective remedies

We have advertised in the news paper inviting the complaints against him/her. We have received numbers of such complaints. A cursory glance at the complaints reveal that he/she is whimsical and is not at all following the law and procedure of law.

Proposed solution is that either he/she is transferred or our case is transferred to some other DRT having impartial PO (not from the stream of the bank) having no such complaints of biased towards banks. The only bare and rightful demand is to have impartial and unbiased PO DRT who should abide by law and procedure of law. Is is not a fundamental right to get Justice under our constitution?

(b)  Despite past 15 years verdict of the Hon’ble Supreme Court, the DRTs continue to be under control of Ministry of Finance (in place of Ministry of Law) which is posting bank officials as POs and holding regular meetings resulting into bias in favour of banks 

The Hon’ble Supreme Court, 15 years back laid down that the Tribunals should not be under the Administrative Control of the parent Ministry, they should be transferred to Ministry of Law. Despite such verdict of the Apex Court, the DRTs are continuing under the control of Ministry of Finance (parent body of the banks and the financial institutions) The said Ministry of Finance is openly indulging in the following illegal acts:-

(i)      Bank Officials are being posted as POs DRTs and Recovery Officers. These officials are having natural bias towards the banks. Thus posting of such officials is highly illegal being an open violation of ‘Principles of Natural Justice’ which are required to be followed by the DRTs as per the DRT Act. There are several complaints against such officials in many DRTs in the country. Posting of bank officials as POs and Recovery Officers should be immediately stopped and such officials holding the present posts should be sent back. Till such time new POs are posted, the hearing should be stopped.

(ii)     The Ministry of Finance is holding regular meetings with the POs DRTs. Such meetings should be immediately stopped. The Hon’ble High Court is requested to issue suitable orders.

(iii)   The PO DRT is holding regular meetings with the bank officials. Such meetings should be immediately stopped. The Hon’ble High Court is requested to issue suitable orders.

(iv)    There are many instances when the PO DRT is favoring the banks. Hence the complete proceedings of the DRTs should be audio and video recorded. Such recordings will minimize such favors.

(c)  Full Court Fee paid and hence entitled for getting justice as per law

(d)  Loss and Damages are more than the claim of the bank and hence there is ‘No Debt Due’ – No recovery till this matter is determined through proper trial by the DRT which should have an impartial and independent Judge (not so at present)

(e)  As per Mardia Chemicals, nobody can be left remediless

(f)   The removal of deficiencies and infirmities in the present establishment of DRTs may take time but till it is done, justice can not be achieved. Hence it is proposed that till such time, the defendants should not be deprived of their properties or should not be subjected to impossible conditions like deposits. Accordingly temporary injunction be issued. If there is any hurry, the source of injustice be removed as early as possible. That also is to be done by the banks and Ministry of Finance only

(g)  Hon’ble High Court has the power to supervise and ensure that there is no Injustice being carried by anybody and more so by the Judiciary. Hon’ble High Court has full power, authority and jurisdiction to do so

(h)  Courts were overburdened and hence DRTs were established but now the DRTs are overburdened. Hence tendencies to expedite by ignoring or bypassing law and procedure of law resulting into injustice. In such cases, there are reviews and a appeals resulting into further overburdening. If there is thorough and perfect adjudication at the trial stage itself, the overburdening will be reduced.

(i)    Information obtained from DRT Bar Associations. Made them as party.

(j)    Also obtained the information from Paper Advertisement

(k)  The purpose is to ensure justice. The leading judgment thus obtained will help small borrowers who do not have resources to fight the gigantic machinery of banks. Needless to mention that the banks have no problem or restrictions to fight even upto Supreme Court. They have managed to get the tough legislation right from the stage of drafting, getting it passed, getting it amended, have strong and big law departments, competent and experienced counsels, raising the bogey of pubic money, getting the judges and recovery officers appointed through the Ministry of Finance, having regular meetings with the Judges and Recovery Officers, having multiple securities, collaterals etc, having strong Recovery Agents, having unquestionable financial resources to fight upto the Apex Court etc.

(l)    Appeal against final order of DRT has been made impossible on account of deposit of 50%. Had this amount been available, the account would have never become NPA. On one hand the bank has taken all the properties as collateral and mortgage and hence no financier will be found who will loan any amount for deposit. Further there is no earning and hence the account has become NPA. Thus there is no possibility of getting any deposit more so 50% and hence there is no appeal. Therefore full, complete and perfect trial by DRT and that too by an independent and impartial judge has been laid down by the legislation. In fact one of the material preliminary issue will be whether the borrower has availability of deposit of 50% or not. If he is not having, all the more perfect trial is required by a competent , impartial and independent judge. Thus this preliminary issue will need to be decided perfectly by such competent judge as there is no appeal. The Present DRT judge is not at all competent to decide even this preliminary issue. 

(m) The following Supreme Court judgments are material and relevant:-

(n)  UOI vs DRT Bar Association, 2013 STPL (Web)54 SC;

(o)  SP Gupta vs UOI, 1982 AIR (SC) 149;

(p)  Mardia Chemicals vs UOI decided on 08.04.04

(q)  AK Kripack vs UOI, 1970 AIR (SC) 150;

(r)   Urban Improvement Trust vs Mohanlal, decided on 30.10.09, 2009 AIOL 1235;

(s)  Commissioner of Central Excise vs UNI Products Ltd, 2009 STPL(Web) 19 SC;

(t)   Sushil Kumar Sen vs State of Bihar, 1975 AIR (SC) 1185;

(u)  Nahar Industrial Enterprise vs Hong Kong & Shanghai Banking Corporation, 2009 (8) SCC 646;

(v)  ICICI Ltd vs Grapco Industries Ltd, 1999 AIR (SC) 1975;

(w) Anil Rai vs State of Bihar, 2009 (233) ELT 13;

(x)  Mohd Akram Ansari vs Chief Election Officer, 2008(2) SCC 95 

(2) Health Benefits of Consuming Dates   

 

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:-

Health Benefits of Consuming Dates " 

1) Dates are free from cholesterol and contain very low fat. Dates are rich in vitamins and minerals.

2) They are rich source of protein, dietary fiber and rich in vitamin B1, B2, B3 and B5 along with vitamin A1 and C.


3)It helps improve the digestive system as it contains soluble and insoluble fibers and different kinds of amino acids.

4) Dates are great energy boosters as they contain natural sugars like glucose, sucrose and fructose. To get more advantage add dates to milk and make it a very nutritious snack.

5)Dates are very low in calories and are extremely suitable for health conscious people.

6) Dates are rich in potassium and reduced in sodium. This helps regulate a healthy nervous system. Researchers have revealed the fact that potassium intake up to a certain extent can reduce risk of stroke.

7) Dates also help in lowering of the LDL cholesterol.

8) Dates have high iron content and are very useful in treating anemia. The patients can eat many dates for better advantages.

9) Dates also have fluorine that slows down the process of tooth decay.

10) It helps people suffering from constipation. Soak dates overnight and take it along with water to have added advantage.

11) Dates help in weight gain and are beneficial for those who suffer from over slimming problem.

12) Dates are excellent for alcoholic intoxication.Cures abdominal cancer.

13) It also helps in improving eye sight and helps in curing night blindness as well.

"The best thing is that it does not have any side effect on the body and is completely natural as well as it works better than medicine."

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DRT Solutions Weekly Mail – 249th Issue dated 15thFebruary ‘13

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


 

 

(1) Important Judgment of Supreme Court – Directive for Transparent Working of DRTs


 

Following is the extract from our web page vide link

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

Advocate Anup Lohiya, Nagpur has mailed us the following citation of the important and useful judgment of the Supreme Court of India (about which we reproduced the news article of Mr. M.J. Antony in our previous weekly mail):-

2013 STPL(Web)54SC, Union of India vs DRT Bar Association – decided on 22.01.13.


 

Extract from Para 11 is reproduced below:-


 

“ . . . Article 227 of the Constitution stipulates that every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction. This power of superintendence also extends to the administrative functioning of these courts and tribunals [Shalini Shyam Shetty & Anr. Vs. Rajendra Shankar Patil [(2010) 8 SCC 329]]. Hence, in light of the above, we expect that all the High Courts shall keep a close watch on the functioning of DRTs and DRAT, which fall within their respective jurisdictions. The High Courts shall ensure a smooth, efficient and transparent working of the said Tribunals. We are confident that through the timely and appropriate superintendence of the High Courts, the Tribunals shall adhere to the rigour of appropriate standards indispensable to the fair and efficient administration of justice.”


 

Advocate Anup Lohiya has further informed that  - “the said judgment has pronounced in mean time PO DRT was conducting meetings with senior bank officers from 21/01/2013 to 24/01/2013 based on alleged notice/circular issued by ministry of finance. I am trying to get its copy so that necessary writ petition can be filed as the said circular and consequential act of DRT amounts to attack of independence of judiciary and also contrary to oath taken at the time of assuming office of PO, DRT. “


 

Our Comments


 

All along we had been advising our clients to approach the High Courts whenever they were facing problems from the working, behavior and conduct of the POs DRTs. Our contentions have been confirmed by the above ruling of the Supreme Court.


 

We appreciate the work being done by advocates like Anup Lohiya. If borrowers and their advocates are vigilant and alert, the POs DRTs can be forced to work as per law and procedure of law. In that eventuality, proper and perfect trials would be conducted. When there will be sufficient numbers of loss, damages and counter-claims decided against the banks, there will be change in their attitudes to make genuine efforts to rehabilitate, revive and restructure the loans instead of jumping to DRTs for recoveries. Further perfect trials in DRTs will take several years to decide the correct outcome of ‘No Debt Due’ situation.  
 

(2) 15 Things to Give Up to be Happy   


 

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:-

15 THINGS TO GIVE UP TO BE HAPPY

Here is a list of 15 things, which, if you give up on them, will make your life a lot easier and you'll feel much, much happier. We hold on to so many things that cause us a great deal of pain, stress and suffering and instead of letting them all go and allowing ourselves to be stress-free and happy, we cling on to them. Well, not anymore. 
  
Starting today, we will give up on all those things that no longer serve us, and we will embrace change. Ready? Here we go!

1. Give up your need to always be right
 
There are so many of us who can't stand the idea of being wrong; wanting to always be right  even at the risk of ending great relationships or causing a great deal of stress and pain for us and for others. It's just not worth it. Whenever you feel the urgent need to jump into a fight over who is right and who is wrong, ask yourself this question from Dr. Wayne Dyer: Would I rather be right, or would I rather be kind? What difference will that make? Is your ego really that big? 

2. Give up your need for control
 

Be willing to give up your need to always control everything that happens to you and around you situations, events, people, etc. Whether they are loved ones, co-workers, or just strangers you meet on the street just allow them to be. Allow everything and everyone to be just as they are and you will see how much better will that make you feel. By letting it go, it all gets done. The world is won by those who let it go. But when you try and try. The world is beyond winning - Lao Tzu

3. Give up on blame


Give up on your need to blame others for what you have or don't have, for what you feel or don't feel. Stop giving your powers away and start taking responsibility for your life.

4. Give up your self-defeating self-talk


How many people are hurting themselves because of their negative, polluted and repetitive self-defeating mindset? Don't believe everything that your mind is telling you, especially if it's negative and self-defeating. You are better than that.
The mind is a superb instrument if used rightly. Used wrongly, however, it becomes very destructive – Eckhart Tolle

5. Give up your limiting beliefs


About what you can or cannot do, about what is possible or impossible. From now on, you are no longer going to allow your limiting beliefs to keep you stuck in the wrong place. Spread your wings and fly! A belief is not an idea held by the mind, it is an idea that holds the mind - Elly Roselle

6. Give up complaining


Give up your constant need to complain about those many, many, many things people, situations and events that make you unhappy, sad and depressed. Nobody can make you unhappy, no situation can make you sad or miserable unless you allow it to. It's not the situation that triggers those feelings in you, but how you choose to look at it. Never underestimate the power of positive thinking.

7. Give up the luxury of criticism


Give up your need to criticize things, events or people that are different than you. We are all different, yet we are all the same. We all want to be happy, we all want to love and be loved and we all want to be understood. We all want something, and something is wished by us all.

8. Give up your need to impress others


Stop trying so hard to be something that you're not just to make others like you. It doesn't work this way. The moment you stop trying so hard to be something that you're not, the moment you take of all your masks, the moment you accept and embrace the real you, you will find people will be drawn to you, effortlessly.

9. Give up your resistance to change


Change is good. Change will help you move from A to B. Change will help you make improvements in your life and also the lives of those around you. Follow your bliss, embrace change, don't resist it. Follow your bliss and the universe will open doors for you where there were only walls - Joseph Campbell

10. Give up labels


Stop labelling the things, people or events that you don't understand as being weird or different and try opening your
mind, little by little. Minds only work when open. The highest form of ignorance is when you reject something you don't know anything about - Dr. Wayne Dyer

11. Give up on your fears


Fear is just an illusion, it doesn't exist - you created it. It's all in your mind. Correct the inside and the outside will fall into place. The only thing we have to fear, is fear itself - Franklin D. Roosevelt

12. Give up your excuses


A lot of times we limit ourselves because of the many excuses we use. Instead of growing and working on improving ourselves and our lives, we get stuck and lie to ourselves, using all kind of excuses ì excuses that 99.9% of the time, are not even real.

13. Give up the past


I know, I know. This one's hard. Especially when the past looks so much better than the present and the future looks so frightening. But, you have to take into consideration the fact that the present moment is all you have and all you will ever have. The past you are now longing for ì the past that you are now dreaming about ì was ignored by you when it was present. Stop deluding yourself. Be present in everything you do and enjoy life. After all, life is a journey not a destination. Have a clear vision for the future, prepare yourself, but always be present in the now.

14. Give up attachment


This is a concept that, for most of us, is so hard to grasp and I have to tell you that it was for me too (it still is), but it's not impossible. You get better and better at it with time and practice. The moment you detach yourself from all things (and that doesn't mean you give up your love for them  because love and attachment have nothing to do with one another. Attachment comes from a place of fear, while love well, real love is pure, kind, and selfless; where there is love there can't be fear, and because of that, attachment and love cannot co-exist; you become so peaceful, so tolerant, so kind, and so serene. You will get to a place where you will be able to understand all things without even trying. A state beyond words

15. Give up living your life to other people's expectations


Way too many people are living a life that is not theirs to live. They live their lives according to what others think is best for them; they live their lives according to what their parents think is best for them; to what their friends, their enemies and their teachers, their government and the media think is best for them. They ignore their inner voice, that inner calling. They are so busy with pleasing everybody, with living up to other people's expectations, that they lose control over their lives.
They forget what makes them happy, what they want, what they need and eventually, they forget about themselves. You have one life, this one right now ì you must live it, own it, and especially don't let other people's opinions distract you from your path

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DRT Solutions Weekly Mail – 248th Issue dated 8th February ‘13

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

 

(1) Bank Officials as PO – Problems and Solution  

Following is the extract from our web page vide link

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

One of our clients informed that the new PO DRT has cancelled the existing stay order on taking the physical possession of the secured asset. When we discussed the matter with his advocate it was revealed that the said PO was a bank official recently posted and he was holding regular meetings with the banks and taking such decisions in favour of the banks. Under such facts and circumstances, we advised as under:-

(a)   The matter should be reported to the Administrative Judge of the High Court who is responsible for ensuring that proper rule of law is followed by the Courts under the jurisdiction of the said High Court.

(b)   It will be better that such corrective measures are initiated by the concerned DRT Bar Association.

(c)   The said Bar Association should observe the conduct of the said PO and whenever he acts against the law, letter be sent to him to correct his conduct. Such letters will be helpful whenever the matter is placed before the Administrative Judge of the High Court.

(d)   It is needless to mention that if the members of the said DRT Bar Association as well as the litigant Borrowers are vigilant and alert, they should create sufficient record of the misconduct and misdemeanor of the said PO by directly addressing letters to him and placing the same before the High Court. The news article in Sl No 2 of this weekly mail below is relevant and useful.

(e)   Despite above, if there is no effect, the matter should be placed before the Supreme Court and the media.

(f)    The Judges have to be above board, impartial and independent otherwise such measures will alone create impact and force to correct them.

(g)   In individual matter, the borrower should apply DRAT for transfer of the case to other DRTs if he feels that he can not get justice from the said judge. 

(2) Lack of Infrastructure, Funds and Personnel make Tribunals Permanent Orphans of the Legal System 

Following is the extract from our web page vide link

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

The following article in Business Standard makes a useful and a relevant reading:-

 

M J Antony: Abandoned at birth

 

M J Antony / Jan 30, 2013, 00:45 IST

 

http://business-standard.com/india/news/m-j-antony-abandoned-at-birth/500386/

Like several other such laws establishing tribunals, this law was also caught in litigation and the Delhi High Court struck it down on several counts in 1995. One reason was that the presiding officer is appointed by the government, and the main litigants are public sector banks and the government’s financial institutions. The government-appointed officers decide on applications filed by government undertakings, raising the issue of conflict of interest and independence of judiciary.

Recently, there has been a wave to set up tribunals, but establishing them seems easier than making them work. Most of the tribunals are born in the fiery crucible of litigation, like the administrative tribunals, the National Company Law Tribunal, the tax tribunals and the Competition Commission of India. Even after overcoming the constitutional hurdles, they limp along with skeletal structures, starved of funds, staff and stationery, in badly maintained rented buildings. In the case of consumer forums, it required a second round of litigation to get them going. Even a prestigious tribunal like the Securities Appellate Tribunal has been topless and truncated for long.

The latest instance of the Supreme Court’s intervention to make such quasi-judicial bodies functional was in the case of the Debts Recovery Tribunal ( DRT) and its appellate bodies (Union of India vs DRT Bar Association). The Recovery of Debts due to Banking and Financial Institutions Act, 1993 was meant to ease the burden on civil courts. At the time of passing the law, more than 1.5 million cases filed by public sector banks and 300 by financial institutions were pending in various courts — blocking Rs 6,400 crore. The money now estimated to be locked up in litigation is said to be Rs 1.57 lakh crore. This is despite the entry of the Securitisation Act.

 

Though the tribunals did get going, their travails are far from over. In fact, their plight is worse than that of civil courts. Last week, the Supreme Court set forth a comprehensive plan to make the 33 tribunals and their five appellate apparatuses in the country work.

It all started from Chandigarh where one bench was installed in a rented building. Since it was not able to handle the stream of complaints, another bench was set up. But owing to space constraints, both benches were squeezed in at the same place. The bar association moved the high court pointing out the inadequate infrastructure of the two benches. The high court passed an order to the Central government to provide adequate facilities. It also asked the government to frame rules for the recruitment of presiding officers and recovery officers. The government appealed to the Supreme Court against these directions. Thus, the issues took a national colour.

The Supreme Court called the additional solicitor general, appointed an amicus curiae (counsel to assist it) and invited suggestions from bar associations. In the past two years, all of them cooperated in bringing forward several proposals. The government did not take an adversary stand and agreed to the recommendations made by the amicus. It is another matter whether or not the suggestions, incorporated in the order, will be implemented.

The court noted that tribunals suffered from severe infrastructural constraints — most of them being run from rented, constricted premises, paying exorbitant rents and unsure of renewal of leases. With the agreement of the government, the court raised the minimum area for a tribunal from 5,000 to 7,200 sq ft.

The government has agreed before the court that more tribunals will be set up on the basis of the pendency of cases before the existing ones. The government has also promised to anticipate vacancies for the post of senior officers and fill them up as soon as they arise. Provision of accommodation for the staff will be given prime consideration. There is an “e-DRT” project to automate and improve the services by building information technology systems. This will be expedited.

The court wanted the government to give preference in appointments to those who have either legal experience or hold a degree in law. They will be trained through regular programmes to gain working knowledge of procedures followed by tribunals. The Supreme Court wanted the high courts to use their power of superintendence to ensure that tribunals worked “smoothly, efficiently and transparently”. If they don’t, the case may be taken up again.

These well-meaning recommendations could be adopted by other tribunals, too. However, the real hitch is the will of the government to implement them in letter and spirit. In practice, the government starves these tribunals of funds and personnel. On Tuesday, the Supreme Court heard a case to provide accommodation to green tribunal members. This is a symptom of a constant tussle over appointments that are often stymied by rival contenders among bureaucrats. Even within the panel, rivalry and mistrust between judicial members and civil servants, retired or on deputation, are not uncommon. It would take herculean efforts to pull the wheels of tribunals out of the present rut. 

(3) Your Health, Your Personality, Your Society and your Life---. I Care    

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 compilation:- 

Handbook 2013 on Health

1. Drink plenty of water.
2. Eat breakfast like a king, lunch like a prince and dinner like a beggar.
3. Eat more foods that grow on trees and plants and eat less food that is manufactured in plants.
4. Live with the 3 E's: Energy, Enthusiasm and Empathy.
5. Make time to practice meditation, yoga and prayer.
6. Play more games.
7. Read more books than you did in 2012.
8. Sit in silence for at least 10 minutes each day.
9. Sleep for 7 hours.
10. Take 30 minutes walk everyday and while you walk, smile.


Personality

11. Don't compare your life to others'. You have no idea what their journey is all about.
12. Don't have negative thoughts or things you cannot control. Instead invest your energy in the positive present moment.
13. Don't overdo. Keep your limits.
14. Don't take yourself so seriously. No one else does.
15. Don't waste your precious energy on gossip.
16. Dream more while you are awake.
17. Envy is waste of time. You already have all you need.
18. Forget issues of the past. Don't remind your partner with his/her mistakes of the past.
That will ruin your present happiness.
19. Life is too short to waste timehating anyone. Don't hate others.
20. Make peace with your past so it won't spoil the present.
21. No one is in charge of your happiness except you.
22. Realize that life is a school and you are here to learn. Problems are simply part of the curriculum that appear and fade away like algebra class but the lessons you learn will last a lifetime.
23. Smile and laugh more.
24. You don't have to win every argument. Agree to disagree.


Society

25. Call your family often.
26. Each day give something good to others.
27. Forgive everyone for everything.
28. Spend time with people over the age of 70 and under the age of 6.
29. Try to make at least three people smile each day.
30. What other people think of you is none of your business.
31. Your job won't take care of you when you are sick. Your friends will. Stay in touch.

Life

32. Do the right thing!
33. Get rid of anything that isn't useful, beautiful or joyful.
34. God heals everything.
35. However good or bad a situation is, it will change.
36. No matter how you feel, get up, dress up and show up.
37. The best is yet to come.
38. When you awake alive in the morning, Thank God for it.
39. Your inner most is always happy. So be happy.
40. Please forward this to everyone you care about.
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DRT Solutions Weekly Mail – 247th Issue dated 1st February ‘13

 

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

 

 

(1) OA Dismissal – Our contentions past 8 Years Proved by Patna High Court


 

Following is the extract from our web page vide link

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

Our contentions past 8 years regarding OA Dismissal (under certain conditions) has now been proved by the judgment of Patna High Court. This judgment was sent to us by Mr. Sanjay Jain, one of our clients from Nagpur. The said judgment has been reproduced in full on our web site vide link http://www.drtsolutions.com/OA_Dismissal.htm

The history of our journey past 8 years has been given below. There are several other contentions which we are fighting past 24 years (e.g. counter-claim, perfect trial, etc) will also be proved with passage of time. We are not surprised because the Indian Judiciary is ranked 74th in the world i.e. there are 73 countries which are having better judiciary . As per Justice Krishna Iyer in 1988, we are 200 years behind. The challenge is to the Bar Counsel of India, Law Colleges, Advocates, Judges and the common men. The entire democracy depends on how soon Indian Judiciary is improved. The present Govt and Political Parties don't want as they prefer to continue the British System which was just to keep the public as their servants and loot the country whereas the Democracy aims at making the public as master and Public Officers as Servants. The public will have to fight for real freedom. The silver lining is that the persons like Swami Ramdevji, Anna Hazare, Kejriwal have spearheaded this fight. Technology is also helping e.g. 400 TV Channels, more than 70 crores mobiles, increasing use of Internet, growing Social Media etc. Anyway, the said history regarding OA Dismissal is as under:-

(a) - 15.12.06 - First application regarding OA Dismissal prepared by us for a client at Mumbai. Since then we have prepared such applications for several of our clients all over the country.

(b) - 05.05.08 - This item was discussed in the First All India DRT Conference held at Indore.

(c) - 26.12.08 - Our Weekly Mail 33rd Issue item no 1 which gives our detailed comments on this topic'

(d) - 19.12.08 - Our Weekly Mail 32nd Issue item no 6 which mentions that application for OA Dismissal prepared by us 2 years back was being contested by one of our clients.

(e) - 09.01.11 - This item was discussed in the Second All India DRT Conference held at Indore.

(f) - 05.12.11 - On this date we have introduced this special web page. We have been repeatedly emphasizing that as soon as the Securitisation Act is invoked and if there is OA pending or OA is initiated, the same should be dismissed. In such circumstances, we have been advising our clients accordingly. A comprehensive article (reproduced below) has been prepared by Mr. N.K. Sharma, ex-GM (Law) and our Associate. The concepts propounded in this Article have been used by us to prepare and contest relevant application for OA Dismissal.

(g) - 01.02.13 - Past 8 years, we have been proposing that just after invoking Securitisation Act, if the bank files OA, the same should be dismissed. Accordingly for our several clients, we have prepared such applications. The said applications were first opposed by their advocates. After filing, the same were opposed by the banks. The DRTs also could not decide the same. Now our such contentions have been proved by the Patna High Court vide their judgment delivered on 27.08.12 in the matter of Purnea Cold Storage vs State Bank of India vide copy reproduced in full on our web site vide link http://www.drtsolutions.com/OA_Dismissal.htm

 

(2) Our Website drtsolutions.com Hosted on Better Server

 

Following is the extract from our web page vide link

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

In order to give better service to our clients and visitors of web site www.drtsolutions.com , we have hosted it on a better server. Some of our clients and acquaintances evaluated the performance and found it better. Some of the comments received from them are as under:-

From: Varadarajan Seshadri <sudarshan_aroma@yahoo.co.in>
Date: Fri, Jan 25, 2013 at 4:21 PM
Subject: Re: DRT Solutions Weekly Mail - Special Issue - Performance of our web site
To: Ram Kishan <ramkishandrt@gmail.com>

Sir
I read the new format uploaded in the web
it is very nice to look and coverage of cliental information is also more
I wish for the future guidance in all drt maters.
Best wishes,
Iyengar S Varadarajan

Advocate HC/DRAT

 

 

From: Firoz Poonawalla <firozpoonawalla@hotmail.com>
Date: Fri, Jan 25, 2013 at 3:25 PM
Subject: RE: DRT Solutions Weekly Mail - Special Issue - Performance of our web site
To: "ramkishandrt@gmail.com" <ramkishandrt@gmail.com>
 

My Dear Ram Kishan,

Compliments on a great Website you have produced . All your weekly mails are also  of  very, very informative values. But this comprehensive web is absolutely worth storing as a reference data which can be recalled as and when need arises. All those who have problems like DRT and Cheque bouncing will find this website an absolutely a must  as a reference not only for lawyers but also for defenders.

Congratulations , yet again.

Warm Regards,

Firoz  Poonawalla 

From: Krishna Kishore Ganguly <gangulykk@gmail.com>
Date: Fri, Jan 25, 2013 at 12:26 PM
Subject: Re: DRT Solutions Weekly Mail - Special Issue - Performance of our web site
To: Ram Kishan <ramkishandrt@gmail.com>

Dear Mr. Ram Kishan,

 

The performance of your site has certainly improved. This site is of great use for the Advocates representing the borrowers. In fact your idea of counter claim has benefited me immensely.

 

I will suggest you to open a question & answer page where in you shall accept queries from public/borrowers & your experts will answer the same.

 

Thanks & best of wishes.

 

Adv. K.K. Ganguly

High Court, Calcutta

 

 

From: ushakant desai <ucdesai72@yahoo.com>
Date: Fri, Jan 25, 2013 at 11:16 AM
Subject: Re: DRT Solutions Weekly Mail - Special Issue - Performance of our web site
To: Ram Kishan <ramkishandrt@gmail.com>
 

Dear Ram Kishanji,

 

Yes, I checked new web site, it is fast and effective too.

 

U.C.DESAI  25-1-2013    11 A.M

(3) This is How We miss out a Wonder called “LIFE” 


 

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 story:-
 

THIS IS HOW WE MISS

OUT A Wonder CALLED "LIFE"
 ++++++++++++++++++++ 
A boy was born to a couple after eleven years of marriage. They were a loving couple and the boy was the gem of their eyes. When the boy was around two years old, one morning the husband saw a medicine bottle open. He was late for office so he asked his wife to cap the bottle and keep it in the cupboard. His wife, preoccupied in the kitchen totally forgot the matter.The boy saw the bottle and playfully went to the bottle fascinated by its color and drank it all. It happened to be a poisonous medicine meant for adults in small dosages. When the child collapsed the mother hurried him to the hospital, where he died. The mother was stunned. She was terrified how to face her husband. When the distraught father came to the hospital and saw the dead child, he looked at his wife and uttered just five words.  

 
QUESTIONS :
 
1. What were the five words ? 
 
2. What is the implication of this story?  
 
ANSWER :
 
The husband just said "I am with you Darling" 

 
The husband's totally unexpected reaction is a proactive behavior. The child is dead. He can never be brought back to life. There is no point in finding fault with the mother. Besides, if only he had taken time to keep the bottle away, this would not have happened.. No one is to be blamed. She had also lost her only child. What she needed at that moment was consolation and sympathy from the husband. That is what he gave her. 

 
If everyone can look at life with this kind of perspective, there would be much fewer problems in the world. "A journey of a thousand miles begins with a single step". Take off all your envies, jealousies, unforgiveness, selfishness, and fears. And you will find things are actually not as difficult as you think.   

 
 MORAL OF THE STORY:
 
This story is really worth reading. ..... 
 
Sometimes we spend time in asking who is responsible or whom to blame, whether in a relationship, in a job or with the people we know.
 
By this way we miss out something called 
 
L.I.F.E
 

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DRT Solutions Weekly Mail – 246th Issue dated 25thJanuary ‘13


 

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

 

(1) PO DRT discussing Pending DRT Cases with Bank Officials


 

Following is the extract from our web page vide link

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


 

One of our clients informed that the PO DRT has been discussing pending DRT cases with the bank officials. Such conduct of the said PO is highly against the law enshrined in the principles of natural justice. In such cases, complaint must be lodged with the Administrative Judge of the High Court as he is responsible for supervising the conduct of the Judges in the State.

 

(2) Bank Officials & Magistrate misusing the Provisions of Sec 14 of the Act


 

Following is the extract from our web page vide link

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


 

One of our clients had filed his SA in DRT and the adjudication was going on. The said client filed an amendment to the SA claiming loss and damages. In the meantime, the bank went to the Magistrate and obtained possession order suppressing material facts about the pending SA. This is how the Magistrate was misled by the bank officials. With the help of police, the possession of the residential property was forcibly taken. We have advised the said client to submit all the facts before the DRT through an injunction application requesting restoration of the possession till the SA is finally decided.

In order to prevent such happenings, the borrowers should file caveat with the Magistrate just after submission of the representation and objections u/s 13(3A) so that full opportunity is provided to the borrower before the Magistrate. Further they should be in touch and liason with the office of the Magistrate so that whenever any application is filed by the bank, the borrower comes to know about it.

On account of the new amendment of the Securitisation Act, the Magistrate is required to follow various provisions of the Act and hence the borrowers can refer to the opportunity enshrined in the principles of natural justice as well as the caveat. If the borrower is alert and vigilant, proper pleadings are made including loss and damages in the SA and the Advocate is forceful to submit all the relevant facts and law properly, the scare caused by the impending physical possession will be highly minimized.
 

(3) How to stop Cough in 5 Minutes 


 

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:-

How to stop cough in 5 minutes!!!

This is a must try....
We have all been kept awake by our own or someone's  cough. Try this and pass it on. The tip and not the cough. ANYTHING is better than antibiotics. Even babies could benefit from this and the parents wouldn't worry about the safety of their child. And of course, it is harmless and free from any type of side-effects.
WOW! I was raised, and raised my kids with Vicks. How come I never knew this? I can't wait for my next cough. Amazing!
READ IT ALL. It works 100 percent of the time, although the scientists at the Canada Research council (who discovered it) aren't sure why.


Treatment:


To stop night time coughing in a child (or an adult, as we found out personally), put Vicks Vapor Rub generously on the bottom of the feet at bedtime and then cover with socks.

Even persistent, heavy, deep coughing will stop in about five minutes and stay stopped for many, many hours of relief. This works 100 percent of the time, and is more effective in children than even very strong prescription cough medicines. In addition it is extremely soothing and comforting and they will sleep soundly. I heard the head of the Canada Research Council describe these findings on the part of their scientists when they were investigating the effectiveness and usage of prescription cough medicines in children, as compared to alternative therapies like acupressure. I just happened to tune in to a.m. Radio and picked up this guy talking about why cough medicines in kids often do more harm than good due to the chemical makeup of these strong drugs, so I listened. It was a surprising finding and found to be more effective than prescribed medicines for children at bedtime, and in addition to have a soothing and calming effect on sick children who then went on to sleep soundly.

Myfriend tried it on himself when he had a very deep constant and persistent cough a few weeks ago, and it worked100 percent! He said it felt like a warm blanket had enveloped him. The coughing stopped in a few minutes, and believe me this was a deep (incredibly annoying!) every few seconds, uncontrollable cough and he slept cough-free for hours every night he used it.

If you have children or grandchildren, pass it on. If you end up sick, try it yourself and you will be absolutely amazed.

 

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DRT Solutions Weekly Mail – 245th Issue dated 18thJanuary ‘13


 

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

 

(1) Our Comments on Recent Amendment to the Securitisation Act


 

Following is the extract from our web page vide link

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


 

Our comments are as under:-

(a)   The bill was finally passed by the parliament on 20.12.12. Accordingly the sections 2, 5, 9, 13 and 14 of the Act were amended

(b)   In section 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereafter in this Chapter referred to as the 54 of 2002. principal Act), in clause (c), after sub-clause (iv), the following sub-clause shall be inserted,

(c)   namely:— “(iva) a multi-State co-operative bank; or”. 

Our Comments

(d)   The DRTs will now have jurisdiction over the multi-state co-operative banks. This will cause increase on the number of cases and workload of the DRTs. The relevant pending Supreme Court case will have to be decided as early as possible.

-------------------------------------------------------------------------------------------------------------------------

(e)   In section 5 of the principal Act, after sub-section (4), the following sub-section shall be inserted, namely:—

“(5) On acquisition of financial assets under sub-section (1), the securitisation company or reconstruction company, may with the consent of the originator, file an application before the Debts Recovery Tribunal or the Appellate Tribunal or any court or other Authority for the purpose of substitution of its name in any pending suit, appeal or other proceedings and on receipt of such application, such Debts Recovery Tribunal or the Appellate Tribunal or court or Authority shall pass orders for the substitution of the securitisation company or reconstruction company in such pending suit, appeal or other proceedings.”.

Our Comments

(f)    If there are wrong doings committed by the bank, one should implead the said bank despite the above mentioned application.

--------------------------------------------------------------------------------------------------------------------------

(g)    In section 9 of the principal Act, after clause (f), the following clause shall be inserted, namely:—

“(g) to convert any portion of debt into shares of a borrower company: 

Provided that conversion of any part of debt into shares of a borrower company shall be deemed always to have been valid, as if the provisions of this clause were in force at all material times.”.

Our Comments

(h)   This will have no impact on the borrowers. The aim appears to clean up the balance sheets of the bank.

--------------------------------------------------------------------------------------------------------------------------

(i)    In section 13 of the principal Act,—

(a)           in sub-section (3A), for the words “within one week”, the words “within fifteen days” shall be substituted;

Our Comments

           

This will have no impact on the borrowers.

-----------------------------------------------------------------------------------------------------------------------------------

In section 13 of the principal Act,—

(b)           after sub-section (5), the following sub-sections shall be inserted, namely:— 

“(5A) Where the sale of an immovable property, for which a reserve price has been specified, has been postponed for want of a bid of an amount not less than such reserve price, it shall be lawful for any officer of the secured creditor, if so authorised by the secured creditor in this behalf, to bid for the immovable property on behalf of the secured creditor at any subsequent sale.

(5B) Where the secured creditor, referred to in sub-section (5A), is declared to be the purchaser of the immovable property at any subsequent sale, the amount of the purchase price shall be adjusted towards the amount of the claim of the secured creditor for which the auction of enforcement of security interest is taken by the secured creditor, under sub-section (4) of section 13.

(5C) The provisions of section 9 of the Banking Regulation Act, 1949 10 of 1949. shall, as far as may be, apply to the immovable property acquired by secured creditor under sub-section (5A).”. 

Our Comments

It appears that the banks are in desperate hurry to clean up their balance sheets. In longer run it will recoil on the banks only. They will be flooded with the unsalable properties which may cause ultimate loss to the banks. There may be scandals due to purchase of such properties by the bank officials. There will be multiple litigations. It is reiterated that we must raise loss and damages or counter-claims against the bank if the borrower desires to have ultimate defence. In that situation, the banks will not be able to apply this amended section due to ‘No Debt Due’ situation. Actually smaller borrowers will become innocent victims and as a whole it will bring great disrepute to the banks and immense problems to the politicians.

---------------------------------------------------------------------------------------------------------------------- 

(c)           in the opening portion of sub-section (9), and in the Explanation thereto, for the words “three-fourth”, occurring at both the places, the words “sixty per cent”. shall be substituted 

Our Comments 

It will only result in increase in number of cases and workload on the DRTs.

----------------------------------------------------------------------------------------------------------------------- 

6. In section 14 of the principal Act,—

(a) in sub-section (1), the following provisos shall be inserted, namely:—

“Provided that any application by the secured creditor shall be accompanied by an affidavit duly affirmed by the authorised officer of the secured creditor, declaring that— 

(i) the aggregate amount of financial assistance granted and the total claim of the Bank as on the date of filing the application;

(ii) the borrower has created security interest over various properties and that the Bank or Financial Institution is holding a valid and subsisting security interest over such properties and the claim of the Bank or Financial Institution is within the limitation period;

(iii) the borrower has created security interest over various properties giving the details of properties referred to in sub-clause (ii) above;

(iv) the borrower has committed default in repayment of the financial assistance granted aggregating the specified amount;

(v) consequent upon such default in repayment of the financial assistance the account of the borrower has been classified as a non-performing asset;

(vi) affirming that the period of sixty days notice as required by the provisions of sub-section (2) of section 13, demanding payment of the defaulted financial assistance has been served on the borrower;

(vii) the objection or representation in reply to the notice received from the borrower has been considered by the secured creditor and reasons for non-acceptance of such objection or representation had been communicated to the borrower;

(viii) the borrower has not made any repayment of the financial assistance in spite of the above notice and the Authorised Officer is, therefore, entitled to take possession of the secured assets under the provisions of sub-section (4) of section 13 read with section 14 of the principal Act;

(ix) that the provisions of this Act and the rules made thereunder had been complied with:

Provided further that on receipt of the affidavit from the Authorised Officer, the District Magistrate or the Chief Metropolitan Magistrate, as the case may be, shall after satisfying the contents of the affidavit pass suitable orders for the purpose of taking possession of the secured assets:

Provided also that the requirement of filing affidavit stated in the first proviso shall not apply to proceeding pending before any District Magistrate or the Chief Metropolitan Magistrate, as the case may be, on the date of commencement of this Act.”; 

(b) after sub-section (1), the following sub-section shall be inserted, namely:—

“(1A) The District Magistrate or the Chief Metropolitan Magistrate may authorise any officer subordinate to him,— 

(i) to take possession of such assets and documents relating thereto; and

(ii) to forward such assets and documents to the secured creditor.”;

(c) in sub-section (3), after the words “the District Magistrate”, the words “any officer authorised by the Chief Metropolitan Magistrate or District Magistrate” shall be inserted.   

Our Comments 

The implications are huge. Massive comments are needed. It will only result in numerous legal complications to the bank officials, the Magistrates, POs of the DRTs, High Courts and the Supreme Court  particularly when loss and damages or counter-claims have been raised by the borrowers. On the other hand small borrowers will greatly suffer as they do not have adequate knowledge and resources to the desired legal fight. Ultimately the banks will suffer as the amount recovered will be small but the disrepute will be massive.

------------------------------------------------------------------------------------------------------------------------- 

7. After section 18B of the principal Act, the following section shall be inserted,

namely:—

“18C. (1) Where an application or an appeal is expected to be made or has been made under sub-section (1) of section 17 or section 17A or sub-section (1) of section 

Insertion of new section 18C. 

Right to lodge a caveat.  

18 or section 18B, the secured creditor or any person claiming a right to appear before

the Tribunal or the Court of District Judge or the Appellate Tribunal or the High Court, as the case may be, on the hearing of such application or appeal, may lodge a caveat in respect thereof.

(2) Where a caveat has been lodged under sub-section (1),—

(a) the secured creditor by whom the caveat has been lodged (hereafter in this section referred to as the caveator) shall serve notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be made under sub-section (1);

(b) any person by whom the caveat has been lodged (hereafter in this section referred to as the caveator) shall serve notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be made under sub-section (1).

(3) Where after a caveat has been lodged under sub-section (1), any application or appeal is filed before the Tribunal or the court of District Judge or the Appellate Tribunal or the High Court, as the case may be, the Tribunal or the District Judge or the Appellate Tribunal or the High Court, as the case may be, shall serve a notice of application or appeal filed by the applicant or the appellant on the caveator.

(4) Where a notice of any caveat has been served on the applicant or the Appellant, he shall periodically furnish the caveator with a copy of the application or the appeal made by him and also with copies of any paper or document which has been or may be filed by him in support of the application or the appeal.

(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of the period of ninety days from the date on which it was lodged unless the application or appeal referred to in sub-section (1) has been made before the expiry of the said period.”.   

Our Comments 

This is a welcome provision as it has vindicated our stand about the caveats. Legally knowledgeable borrowers will intelligently use this tool compared with the bankers. The litigation process will result in greater justice to the alert and conscious party. It is needless to mention that the ‘No Debt Due’ situation is a must. Again the small borrowers will have painful process due to lack of knowledge and resources to fight.

 

 Amendment 8. In section 23 of the principal Act, after the proviso, the following proviso shall be of section 23. inserted, namely:— 

“Provided further that the Central Government may, by notification, require registration of all transactions of securitisation, or asset reconstruction or creation of security interest which are subsisting on or before the date of establishment of the Central Registry under sub-section (1) of section 20 within such period and on payment of such fees as may be prescribed.”.

Our Comments

At the moment there is no impact as the Central Registry has not yet started functioning.

 

 Insertion of 9. After section 26 of the principal Act, the following section shall be inserted,

new section namely:— 26A. 

Rectification “26A. (1) The Central Government, on being satisfied— by Central Government (a) that the omission to file with the Registrar the particulars of any in matters of transaction of securitisation, asset reconstruction or security interest or registration, modification or satisfaction of such transaction or; the omission or mis-statement modification and of any particular with respect to any such transaction or modification or with satisfaction, respect to any satisfaction or other entry made in pursuance of section 23 or etc. section 24 or section 25 of the principal Act was accidental or due to inadvertence or some other sufficient cause or it is not of a nature to prejudice the position of creditors; or 

(b) that on other grounds, it is just and equitable to grant relief, may, on the application of a secured creditor or securitisation company or reconstruction company or any other person interested on such terms and conditions as it may seem to the Central Government just and expedient, direct that the time for filing of the particulars of the transaction for registration or modification or satisfaction shall be extended or, as the case may require, the omission or mis-statement shall be rectified. 

(2) Where the Central Government extends the time for the registration of transaction of security interest or securitisation or asset reconstruction or modification or satisfaction thereof, the order shall not prejudice any rights acquired in respect of the property concerned or financial asset before the transaction is actually registered.”.

10. For section 30 of the principal Act, the following section shall be substituted, namely:—

“30. (1) No court shall take cognizance of any offence punishable under section 27 in relation to non-compliance with the provisions of section 23, section 24 or section 25 or under section 28 or section 29 or any other provisions of the Act, except upon a complaint in writing made by an officer of the Central Registry or an officer of the Reserve Bank, generally or specially authorised in writing in this behalf by the Central Registrar or, as the case may be, the Reserve Bank. 

(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.” 

Our Comments 

Such ideal provisions are not practical. They will result in numerous litigations and headaches to the banks, registrars, courts and the central govt. At the moment there is no impact as the Central Registry has not yet started functioning.

 

 After section 31 of the principal Act, the following section shall be inserted, namely:—

“31A. (1) The Central Government may, by notification in the public interest, direct that any of the provisions of this Act,— 

(a) shall not apply to such class or classes of banks or financial institutions; or

(b) shall apply to the class or classes of banks or financial institutions with such exceptions, modifications and adaptations, as may be specified in the notification. 

(2) A copy of every notification proposed to be issued under sub-section (1), shall be laid in draft before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in disapproving the issue of the notification or both Houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the Houses.”. 

Our Comments 

This is a usual legal provision.

 


 

(2) Our Govt & Politicians are Shameless, says Mr. Ratan Tata 


 

Following is the extract from our web page vide link

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

Mr. Sanjay Baweja has sent the following beautiful piece:-

“As told by someone from Tata Administrative Services : Few months after 26/11, Taj group of Hotels owned by TATAs launched their biggest tender ever for remodeling all their Hotels in India and abroad.

Some of the companies who applied for that tender were also Pakistanis. To make their bid stronger, two big industrialists from Pakistan visited Bombay House ( Head office of Tata ) in Mumbai without an appointment to meet up with Ratan Tata since he was not giving them any prior appointment.

They were made to sit at the reception of Bombay house and after a few hours a message was conveyed to them that Ratan Tata is busy and can not meet anyone without an appointment.

Frustrated, these two Paki industrialists went to Delhi and thru their High Commission met up with than Commerce Minister Anand Sharma. Sharma immediately called up Ratan Tata requesting him to meet up with the two Paki Industrialists and consider their tender "enthusiastically".

Ratan Tata replied..."you could be shameless, I am not" and put the phone down.

Few months later when Pakistani government placed an order of Tata Sumo's to be imported into Pakistan, Ratan Tata refused to ship a single vehicle to that country. This is the respect and love for motherland that Ratan Tata has.

Something that our current Politicians should learn from.

You got to stand up for something in your life...else you will fall for everything..........

Awaken Country men, the Nation is above everything else.

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DRT Solutions Weekly Mail – 244th Issue dated 11thJanuary ‘13


 

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


 

 

(1) Remedies when Bank Officials threaten for taking physical possession of secured assets


 

Following is the extract from our web page vide link

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


 

Recently one of our clients informed that bank officials visited him and threatened they the bank will take physical possession of their residential house. We informed him to take the following steps:-

(a)   The bank officials are public servants. They are duty bound to obey govt policies and RBI Guidelines and the Constitution of India.

(b)   You must make a audio and video record of all the discussions and tell them that such records are being made. When they know that such records are being made, they will be careful in their utterances and will not dare to threaten unnecessarily.

(c)   Just after their visit, write down the complete text of the threats made by them and issue a letter to the bank with copy to the Chairman of the bank.

(d)   The bank officials do not have any power or authority to make threats of any kind. The physical possession of any property can only be taken after order of any court or the magistrate. If the bank official make any threat, ask them to produce copy of the court order. In absence of any court order, no physical possession should be given.

(e)   If they produce any court order, file appeal against the said court order. Normally no court will issue such order without hearing the affected person. If you don’t get justice from the said court, you must appeal to higher courts till justice is obtained.

(f)    In our several weekly mails, we have covered all the related aspects in detail. All the weekly mails are available on our web site. In your free time, you must study all the weekly mails.

(g)   Knowledge is power. Ignorance generates fear and unhappiness. Study of our weekly mails will equip you with requisite knowledge. All imaginary fear and unhappiness will go away.

 

(2) Remedies when Bank Officials threaten for Publishing Photographs in Newspapers


 

Following is the extract from our web page vide link

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


 

One of our clients received a letter from the bank that they will publish the photos of the borrowers and guarantors in the newspapers. Our comments are as under:-

(a)   A legal reply notice should be sent to the bank informing the wrong doings committed by the bank asking them that if such publication is made it will amount to defamation and civil and criminal action will be taken.

(b)   If the bank still maintains its stand for the said publication, an injunction suit be filed in civil court.

(c)   Apart from above, a legal notice be sent to the bank that if such publication is made, counter publication will be made with the photos of the Chairman of the bank and other senior officials listing down the wrong doings and the loss and damages suffered consequently.

 

(3)  The Second International Conference on Yog at Patanjali Yog Peeth, Haridwar 


 

Following is the extract from our web page vide link

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

The second international conference on Yog was held in Patanjali Yog Peeth from 8th to 10th January 2013. Aastha TV Channel covered the proceedings from 9 am to 1 pm daily followed by 8 pm to 9:30 pm daily. The Sanskar Channel also covered the said event from 9 pm to 9:30 pm daily. There were eminent speakers from USA, UK, Germany, Australia, China, Serbia and India. The delegates were surprised to find world class facilities not only for Yog Research at Patanjali Yog Peeth but treatment of various diseases including incurable and genetically induced. The Patanjli Food Park is the biggest in the world. There are more than 500 products of lowest costs and of global quality. It is the biggest contribution in the Indian history towards Swadeshi Movement as well as uplift of the farmers. These are the few examples of monumental work being done by Swami Ramdevji for the nation in particular and the mankind in general.

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DRT Solutions Weekly Mail – 243rd Issue dated 4th January ‘13

 

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


 

(1) Important Judgment by Bombay High Court - Arbitrators appointed under Multi-state Co-operative Societies Act, 2002 must follow Principles of Natural Justice and Fair Play
 

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 sent this important judgment vide citation 2011(4) Mh. L.J., Jayant Industrial Packaging Ltd vs Saraswat Co-operative Bank Ltd. decided on 17.03.11. This judgment should be gone through by the borrowers and their advocates who are facing arbitration proceedings under the Multi-state Co-operative banks. The arbitrator has to follow the Principles of Natural Justice and Fair Play. He can only pass award under the Arbitration Act. He has no power to issue Attachment Order of Injunction Orders which only Courts can issue. Further the High Court has questioned the simultaneous proceedings under the Securitisation Act and the Arbitration under the Multi-state Co-operative Act. Apart from causing a great injustice and hardship to the parties, there is always possibility of conflict of views and/or the decisions in such parallel proceedings. Taking overall view of the matter, the High Court quashed and set aside the said arbitration award. The matter was remanded back for fresh hearing.
 

(2)  DRT Act – Madras high allows application for setting aside ex-parte order with costs as Rs. 250=00 for which the DRT and DRAT respectively ordered to pay Rs. 35 lacs and 5 lacs 


 

Following is the extract from our web page vide link

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

The Madras High Court vide citation 2012(2) DRTC 829 (Mad) held that while setting aside ex-parte order, the DRT and DRAT should not impose onerous conditions under guise of setting aside ex-parte orders. They can not recover amounts without taking up the matter on merits. The High Court deprecated the hyper-technical attitude of DRT and DRAT in ordering to pay sum of Rs. 35 lacs and 5 lacs. The High Court ordered that the application be allowed with costs of Rs. 250=00 only as costs.

 

(3)  The Winter of Our Life 
 

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 beautiful piece:-
 

The winter of our life

This is one of the nicest e-mails I've seen in a very long time.
Its very inspiring. Save it and read from time to time.
I wonder who composed this philosophical piece.
============================================================

And then it is Winter.

You know. . . time has a way of moving quickly
and catching you unaware of the passing years.

It seems just yesterday that I was young, just married

and embarking on my new life with my mate.

And yet in a way, it seems like eons ago, and I wonder where all the years went.

I know that I lived them all...

And I have glimpses of how it was back then 

and of all my hopes and dreams...
But, here it is... the winter of my life and it 

catches me by surprise...
How did I get here so fast?
Where did the years go and where did my youth go? 

I remember well... seeing older people through 

the years and thinking that those older people
were years away from me and that winter was 

so far off that I could not fathom it or imagine 

fully what it would be like... 

But, here it is...
my friends are retired and getting grey...
they move slower and I see an older person now.
Some are in better and some worse shape than me...
but, I see the great change... 
Not like the ones that I remember who were young and vibrant...
but, like me, their age is beginning to show and we are now those older folks
that we used to see and never thought we'd be. 

Each day now, I find that just getting a shower is a real target for the day! 
And taking a nap is not a treat anymore... it's mandatory! 
Cause if I don't on my own free will... I just fall asleep where I sit! 

And so... 
now I enter into this new season of my life unprepared
for all the aches and pains and the loss of strength and ability
to go and do things that I wish I had done but never did!! 

But, at least I know, that though the winter has come, and I'm not sure how long it will last...
this I know, that when it's over... its over...
Yes, I have regrets. There are things I wish I hadn't done...
things I should have done, but indeed, there are many things I'm happy to have done. 
It's all in a lifetime...

So, if you're not in your winter yet...
let me remind you, that it will be here faster than you think.
So, whatever you would like to accomplish in your life please do it quickly! 
Don't put things off too long!!

Life goes by quickly. So, do what you can today,
as you can never be sure whether this is your winter or not! 

You have no promise that you will see all the seasons of your life... so,
live for today and say all the things that you want your loved ones to remember... 
and hope that they appreciate and love you for all the things
that you have done for them in all the years past!!

"Life is a gift to you.
The way you live your life is your gift to those who come after.
Make it a fantastic one."

LIVE IT WELL! 
ENJOY TODAY! 
DO SOMETHING FUN! 
BE HAPPY! BE THANKFUL!

HAVE A GREAT DAY! 
Remember "It is health that is real wealth and not pieces of 
gold or silver."

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DRT Solutions Weekly Mail – 242nd Issue dated 28thDecember ‘12
 

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


 

 

(1) DRT Litigations – Important Aspects 


 

Following is the extract from our web page vide link

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


 

On this topic, we have been emphasizing following aspects :-

(a)   The pleadings submitted before the Court is most important. All the relevant matter must be raised before the Court in form of the pleadings.

(b)   If you don’t submit any matter, the Court on its own will not give any verdict.

(c)   The pleadings should be prepared by the person having mastery of facts (i.e. banking, industry and finance) and mastery of law (i.e. DRT Act, Securitisation Act, Principles of Natural Justice, Banking laws, RBI Guidelines, Law of Torts, Law of Damages, CPC, Law of Evidence, Important Supreme Court Judgments) The said person should have knowledge and experience of trial court.

(d)   In our experience of past 23 years of bank litigations, we have found that the bankers are committing numerous wrong doings from the stage of sanction of loans, calling for securities and initiating recoveries resulting into huge loss and damages. Hence no pleading in bank litigations will be complete without claiming said loss and damages or counter-claim.   

(e)   If the above aspects have not been included in the pleadings, the same should be done as early as possible by way of amendment in the pleadings.

(f)    Assuming that the above aspects of the pleadings have been taken care of, the next most important aspect is that one should pay utmost attention to the court proceedings.

(g)   Preparation for a date should be made at least a week in advance. All pleadings and proceedings so far should be gone through. What is going to happen on the next date should be understood and discussed threadbare with the advocate.

(h)   If any application is to be submitted, the said application should be drafted much in advance and discussed with the advocate. Connected law, procedure of law and relevant court judgment should be gone through and discussed.

(i)    If any arguments are to held, prior preparations and rehearsals are to be made much in advance. Written arguments should be kept ready for submission after the arguments are over.

(j)    The borrower has to do all the above as the advocates and judges are extremely busy with their numerous cases. Further the stakes are much more limited compared with that of the borrower.

(k)   The RBI as early as 1984 desired that the advocates and judges in the proposed DRT courts should be having expert knowledge of banking, industry and finance. But this has not yet been done. Hence the borrower has to take the responsibility and initiative for such important lapse.

(l)    As early as 15 years back, the Supreme Court ruled that the administrative control of the DRTs should be transferred from the Ministry of Finance to the Ministry of Law. This has not yet been done and it is not known, when it will be done. Hence the borrower must be very careful about the impact of such important lapse on part of the Governement.

(m) The principles of natural justice are hundreds of years old. Our constitution is based on implementation of the said principles of natural justice. The DRTs and the related acts aim at ensuring implementation of the said principles. Unfortunately the same are openly violated in the DRTs. The borrower has to ensure that the said violations are covered in writing in the court records and proceedings.

(n)   On account of the above, the DRTs naturally are inclined to favour bank as well as go against the borrower. To avoid such consequences, the borrower must be quite vigilant and alert so that as soon such thing happen, it should be put down in writing and attention of the judge should be invited orally as well as in writing without any fear. He is a public servant and his duty is to do justice without any bias and favour. His violations if any should be taken most seriously.

(o)   For our clients we provide all guidance and advice right from the stage of pleadings and court proceedings and many of our clients who follow our such guidance and advice have been quite successful in their DRT litigations.

 

(2)  Ageless Body, Timeless Mind 


 

Following is the extract from our web page vide link

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

 

(a)   The  above is title of the book written by Dr Deepak Chopra.

(b)   He did his MBBS from Delhi and went to UK and USA where he rose to head famous hospitals. He is a practicing endocrinologist.

(c)   He observed that when two persons having the same disease are given the same medicine, one may be cured other may not be cured. Further he observed that the allopathic medicines are having side effects resulting into another disease. Hence he studied other systems of alternative medicines.

(d)   He practiced TM i.e. Transcendental Meditation for 5 years from 1980 to 1985 and came in personal touch of Maharishi Mahesh Yogi who advised him to study Aayurved. Maharishi sent him to India for study of Aayurved. Afterwards, Dr Chopra became Medical Director of Maharishi Aayurved Centre.

(e)   In 1996 he founded ‘Chopra Centre for Wellbeing’ He has authored 65  books on the topics of health and well being out of which 19 became ‘New York Times best sellers’. His books have been translated into 35 languages published in twenty four foreign countries and sold more than 20 million copies worldwide. He lectures widely in USA, Europe, India, Japan and Russia.

(f)    He says that ‘Aging is much more of a choice than people ever dream. One of modern medicine’s great breakthrough is a realization that the body is not an object, but a process with no preordained limits. Our attitude to ourselves can change the way things are. Reshaping of the aging process is within our control. People don’t grow old. When they stop growing, they become old. Sickness and aging are created by nothing more than gap in our knowledge.’    

(g)   He is personally interested in most modern technology. One can listen to him in several videos most popular on YouTube.

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DRT Solutions Weekly Mail – 241st Issue dated 21stDecember ‘12

 

All Weekly mails right from 1st Issue to latest, click links above


 

(1) Importance and Impact of Counter-claim 


 

Following is the extract from our web page vide link

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


 

One of our clients from Orissa got Counter-claim prepared from us but could not file it. The proceedings in DRT, DRAT and High Court resulted in payment of certain deposit. Before fully honouring his full commitment made before the High Court, he came to us nearly after three years. We advised him to file the said counter-claim. We provided him all necessary court judgments and citations. Accordingly the counter-claim was filed and a situation of ‘No Debt Due’ was created. Side by side, he hounoured his commitment about the deposit. When this matter was put up before the High Court, the High Court in its order asked the DRT to decide the counter-claim based on the law and the procedure of law. We advised the said client to hire suitable advocate having knowledge and experience of trials. Whenever, the counter-claim is decided, the said deposit will have to be refunded with interest and damages. Had the said counter-claim would have not been filed, the case would have been closed without any benefit to the borrower on account of the wrong doings committed by the bank. Hence it is reiterated in all the bank litigations, one must file his counter-claim. It can be filed at any stage and at any time. In one case we filed the counter-claim even after 21 years.
 

(2) Purchasing the Assets of Borrowers in Auction conducted by Bank or DRTs 


 

Following is the extract from our web page vide link

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


 

Several persons approach us for guidance and advice for purchasing the assets of the borrowers through the auctions conducted by the banks or DRTs. Our comments are as under:-

(a)           First we tell them that we don’t deal in such matter. Rather we protect the properties of the borrowers so that such properties are not sold.

(b)           Despite above, if they intend to purchase, they must check all the records in banks and DRTs. They should get no objection or confirmation from the borrower/guarantor.

(c)           In many cases, the banks keep the buyers in dark about the legal complications. As a result, the  possession of the property becomes difficult. Hence one should never believe the bank officials and instead should carry out their own independent verifications.

(3)  How Ego Kills You !! 


 

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 valuable piece:-

‘How Ego kills You

 

Many of us have lost a few friends for various reasons and it makes you wonder what the most likely cause could be.  I recently came across an article as follows which throws some light on most probable causes.

 

Many friends of the highest order, nobility and otherwise very decent individuals fall into the trap of circumstances created by others which makes them think differently.

 

Let us take an example….FinancerRajat Gupta’s fall from grace has been likened to the expulsion from Eden. Here was a man who had it all – fame, fortune, and the friendship of celebrities like Bill Gates and the Clintons. But more than this, he had his reputation as a model of moral uprightness, a philanthropist, a champion of the less privileged.

 

How could such a person be tempted to commit a fault which would cause him to lose all of this? Could it be greed for even more money than the $84 million that he already is said to have? Perhaps. But could there have been another, more subtle seduction than the lure of even greater wealth?

 

Sartre said that saints are vigilant against sin, but what they should be guarding against is not sin but theirsaintliness. This is to say that to be good, and to do good work is admirable. But not if you fall into the trap of admiring the image of goodliness that has been created around you and which enhances your ego, your sense of self-worth. This applies to every one, especially people in religious groups in senior posts, yoga teachers, IIT graduates, Drs., lawyers, tax experts, professors, people coming into sudden wealth and status, etc.

 

Everyone says that I do great things. Therefore, I must be a great man. As a great man, I can do only great things. Therefore, everything I do must be a great thing, because it is I who am doing it.  This is the dangerous logic of self-justification, born out of an ego-gratifying public persona that others have created for you and which you have come to believe in yourself.

 

Bodhidharma is said to have visited the court of a king who prided himself on all the many public projects he had undertaken for the benefit of his people, including the building of a large number of magnificent places of worship. The king invited Bodhidharma to look at all his works and asked: “What merit do you think I have gained from all this?”

The gruff answer of the so-called ‘Barbarian from the West’ was: “Absolutely nothing.” The outraged ruler then demanded: “Who is it that dares to speak to a king like that?”

The sage replied: “A no-one who speaks to another no-one.” With this answer the king is said to have gained enlightenment. He realised that all the good works he had done for his subjects had really been only for himself, for his own glory, for his own sense of ego. And the more he was hailed as the great benefactor the greater grew his ego, his attachment to his belief in his own goodness, which was acclaimed by everyone.

 

It took the ‘Western Barbarian’ to rid the king of his lust for ‘goodness’, for the moral grandeur which he wore like a cloak of gold which dazzled the eyes of world and his own eyes as well. By saying he was ‘no-one’ speaking to another ‘no-one’, Bodhidharma meant that when we lay claim to possess goodness, or wisdom, or high reputation, we become enmeshed in the ego, in the ‘i’ which must be surrendered before the true state of spiritual grace can be achieved, a state in which there is ‘no-i’, ‘no-one’.

 

The moral of the story? Perhaps it is that we shouldn’t attach too much importance to our sense of moral accomplishment. Do good works by all means, but do them un-‘self ’-consciously, without giving undue credit to the ‘i’ who supposedly is doing all these good things. This is the hard part especially when one is surrounded by sweet talkers. Agreeing to everyone (unity of thoughts) leads nowhere. Diversity is the basis for upliftment and fertilizer for the brain.

 

It’s like riding a bicycle. If you do it without thinking of how you’re doing it, you’ll be fine. But if you keep thinking of how you’re maintaining your balance, chances are you’ll fall off. Maybe that’s what happened to Rajat Gupta: he fell off the cycle of grace. Same applies to many of our friends and relations.

 

Source : The Speaking Tree – Times of India’

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Attorneys at Law of Torts, Injury and IPR Claims

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

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

Popularity of our web site :- The key word for search of our website is 'drt'  or any phrase commencing with 'drt'  We are on the top in Google Search for 'drt' among 28,60,000 results globally. In most of the search engines like yahoo, msn, google, excite, altavista, mamma, alexa etc., To verify, you may visit www.yahoo.com, www.msn.com, www.rediff.com, www.indiatimes.com, www.altavista.com, www.google.com, www.excite.com, www.hotbot.com, www.123india.com, www.aol.com, etc. Our reference appears in www.economictimes.com, www.amazon.comwww.financialexpress.com, www.lawcrawler.com, www.findlaw.com, www.law.com, www.supremecourtofindia.com, www.supremecourtonline.com

(2) We have created a separate web site www.usindolegal.com which deals exclusively with our US joint venture enterprise for activities like BPO, legal BPO, DRT etc. This site has started appearing in the search results of Google, Mamma, Alexa and Yahoo.

Application of Law of Torts in claiming Damages from Municipal Corporations for demolition of structures, closure of shops etc:- In many parts of the country, the Municipal Corporations are demolishing structures like shops and houses which existed for number of years. The shops existing for number of years are proposed to be shut down. The affected persons should claim Damages under the Law of Torts, which would be substantial. It is learnt that in Delhi itself about 5 lac shops are to be closed down and about 25 lac persons would be out of jobs. All these persons should file damage suits in the civil court. Since the damages would be substantial, the suits may be filed as Indigent Persons. Since the damages would attract interest, the usual delay by the civil courts will not affect the final outcome. The affected shop owners may discuss the details with us on phone.

Our Articles for Borrowers and Guarantors:- Our articles on DRT matters have been published in the Financial Express. The All India Manufacturers Organisation in its famous web site www.aimoindia.org has reproduced copies of our four articles. These original articles can be searched in the archive of the Financial Express in its web site www.financialexpress.com Two of these articles have been reproduced in other pages of this web site. 

Useful link www.WorldVideoBusiness.com :- WorldVideoBusiness-WVB® is a business to business e-marketplace source of international trade leads, and tender opportunities from companies and government organizations around the globe.

About Us in Brief :-  (1) We specialize in DRT (Debt Recovery Tribunal) and NCLT (National Company Law Tribunal) matters. As a whole you may approach us for all DRT Problems and Solutions as well as matters connected with ARCIL i.e. Asset Reconstruction Company (India) Limited,  We have a Joint Venture with an America based law firm for various activities like BPO, legal BPO and DRT. The details of the said American firm and the joint venture may be seen at the page - Our US Joint Venture with Anand Ahuja Associates or in www.usindolegal.com (2) For your all problems including those in DRT, please phone us or send e-mail. Please give your contact details along with your problems in brief. As a whole you may approach us for all DRT Problems and Solutions.  (2) With our Legal Opinion, you need not worry about the Securitisation Act or other DRT matters or NCLT. Please visit the page Products & Services and Frequently Asked Questions (3) On account of our expertise in the Law of Torts and Banking and experience past 15 years, we can help you to submit suitable defence with winning strategy in DRT cases, Securitisation Act, Guarantors' defence etc.  (4) We need only copies of all available documents  to render our expert 'Legal Opinion' which will be quite useful and valuable to you particularly in DRT i.e. Debt recovery Tribunal. (5) We have also handled assignments for preparation of damage claims against Electricity Boards, Insurance Companies, Municipal Corporations etc. all on the basis of the Law of Torts.  (6) The DRT counterclaims is to be prepared well in advance so that it could be raised at proper time in DRT or other forum to safeguard the securities and assets. (7) Several DRT counterclaims drafted by us are being handled by different advocates at DRT Mumbai, DRT Delhi, DRT Jabalpur etc. Thus DRT advocates are available in these cities. Cases in other Debt Recovery Tribunals are under process. (8) This site is updated monthly mostly on every first Monday of the month or for urgent release on any day with latest material. (9) For further details about us, please visit the page About Us-DRT Solutions As a whole you may approach us for all DRT Problems and Solutions. We hail from the place to which Maharishi Mahesh Yogi and Acharya Rajnish belong and hence this site is dedicated to them.

Our this web site is dedicated to Yoga Rishi Baba Ramdev Ji Maharaj:- Our this web site is respectfully dedicated to Yoga Rishi Baba Ramdev Ji Maharaj whose method of Pranayam has cured even incurable diseases and thus has revolutionized modern medical science. For further details please visit our special page by clicking here Baba Ramdev Ji Maharaj, Yoga Guru, Cure for All Diseases, Medical Science Revolution

Site also dedicated to:-   (1) Swami Ramdevji, Acharya Balkishan and their Guru Pradumn Maharaj.

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

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

We regularly practice TM and SCI of Maharishi Mahesh Yogi. We also regularly practice Hath Yoga including Pranayam based on Baba Ramdev Ji  Maharaj. We daily watch his global TV program on Astha Channel from 05:30 AM to 8AM and 8PM to 9PM Indian Standards Time. On Sanskar channel, we daily view the discourse of Pradumn Maharaj from 4 AM to 5:30 AM. Many chronic diseases such as Cancer, Parkinsons' disease, Polio, Asthma, Hypertension, diabetes etc. have been cured by the said method of Pranayam which can be learnt even by watching his program on TV. Since 30th March '06, we have started practicing Sun Gazing as prescribed by HRM.

                                    (3) Shri Satyanarayan Morya alias 'Babaji' for his praiseworthy service to our nation. Please visit his site www.artistbaba.com 

Disclaimer:- We have no branch or setup other than at Indore. It is observed that some persons are using name of our firm as well as name of our web site. We have not given  any such authority to anyone to do so. Under such facts and circumstances, if anybody suffers any loss, we shall not be responsible. If such instance comes to notice of someone, we may kindly be informed.

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