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 – 260th Issue dated 3rd May ‘13

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

(1) Important & Useful Judgment of the Supreme Court – Counter-claim can be filed even after filing of WS  

Full text of this important judgment with comments and important portion given in red may be seen vide link http://www.drtsolutions.com/Mahendra-MP.htm  Details are as under:- 

Mahendra Kumar vs State of MP decided on 04.05.87 by Supreme Court of India, Judges –  M. M. Dutt & V. B. Eradi, Case No : 4063 of 1985

Citations - 1987 (3) SCC 265 : 1987 AIR(SC) 1395 : 1987 (2) JT 524 : 1987 (1) Scale 1257 : 1987 (3) SCR 155 : 1987 (2) UJ(SC) 274 

DRT Solutions Citation –  DRTS-011-Mahendra vs MP-SC-1987

                                                           http://www.drtsolutions.com/Mahendra-MP.htm

(We have now numbered the Judgments published on this web site as DRTS-00.) Accordingly all the judgments published so far have been numbered. The judgment on this page is numbered as DRTS-011

Comments by DRT Solutions

An Important Supreme Court Judgment laying down that Counter-claim can be filed even after filing of WS

(a)   The full text of the judgment is given below with important portion marked in Red vide link http://www.drtsolutions.com/Mahendra-MP.htm

(b)   Some of our clients enquired whether Counter-claim can be filed even after filing of the WS. We cited this particular judgment to them. Since such queries have increased we have thought appropriate to publish the full text of the judgment as under with important portion marked in Red, which is self explanatory. The said Red portion from Para No 15 is reproduced below:-

 

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

 

(2) ‘DRT Solutions Weekly Mail’ will complete 5 Years on 16.05.13  

We are glad to point out that on 16.05.13, our this ‘DRT Solutions Weekly Mail’ will complete 5 Years of uninterrupted and useful service to our readers and visitors of our web site. All the weekly mails right from issue no 1 to the latest are available on our web site free of costs. People have become addicted to our weekly mail. If there is any delay on any Friday, we get lot of phone calls and e-mails. We get lot of feedback and comments every week. Many persons come to us with complete print of all our mails with index. Many go on revising the previous weekly mails and they cite the same in their correspondence. People have liked the format with content on Lifestyle  and Health Topics. Now we embark our journey to next five years. The readers are requested to send their felicitations, good wishes, comments on the auspicious occasion of completing five years and looking ahead for next five years. 

(3) Healthy & Disease Free Life through Natural Raw Diet

As reported in our last weekly mail, Mr  B.V. Chauhan, B.E.(Electrical), Retd SE (Gujrat Electricity Board) has come out with a revolutionary new diet plan which has cured lot of diseases as given in his book. Many of such persons who cured themselves are doctors whose telephone nos are given alongwith their comments. His web site is www.newdiet4health.org  

In his first Hindi Book ‘Prakritik Apakva Ahar se Nirogi Jeevan’, he has  reproduced an article ‘The Benefits of Eating Uncooked Food’ by Dr Bernarr. This article is given on the web site www.health101.org There are several useful articles on this web site, some of them are:-

(a)   Natural Diet Primer

(b)   Raw Food – What People don’t know

(c)   Raw Food Trend Picking up

(d)   Research about Early Human Diets

(e)   Why Eat Raw Foods

(f)    Why Most Diet don’t Work 

There are several video clips of Mr B.V. Chauhan on YouTube. Two clips are in English, two are in Hindi and nine clips are in Gujrati,  

We have started practicing the said diet plan of Mr Chauhan with excellent results and have made it most important topic for discussions in our family and friend circles. 

(4) World’s Longest Married Couple share their Secrets to Living Happily even after

Mr Firoz Poonawalla has sent the following interesting information:- 

World's longest married couple share their secrets to living happily ever after 

To have and to hold ... for 87 years! World's longest married couple share their secrets to living happily ever after 

·         Karam, 107, and Katari, 100, have been married for 87 years

         They have 8 children and 28 grandchildren together

  The marriage is almost 5 years longer than current Guinness record holders

         Couple say that laughter and looking after each other is key to marriage 

PUBLISHED:12:08 GMT, 1 November 2012| UPDATED:12:08 GMT, 1 November 2012 

In an age where few marriages endure the test of time, 107-year-old Karam and his wife Katari Chand, 100, are proof that happy ever after does exist.

The couple, who have eight children and twenty eight grandchildren together, have lived in wedded bliss for 87 years making them the world's longest married couple.

The pair say that the key to success is looking after each other in every way possible: ‘My trick is to make Katari laugh. I like to tell jokes and make her smile. Being funny is my way of being romantic.' says Karam.

 ‘I have been told laughing makes you live longer... my wife is still alive so it must have worked! I love her so much and I want to spend another 80 years by her side,’ said Karam.

From romantic meals to sharing jokes, the couple, who hail from Punjab, India and now live in Bradford ensure that they do little things for each other to keep the romance alive.

Katari told romantic networking site : ‘When I was young I used to make him a nice fresh meal every night. We are vegetarian so I brought lots of fresh vegetables and made sure he was eating healthy food.

‘Health is very important and I wanted to look after him so we could grow old together. Some would say it has worked!

 ‘Oh and how can I forget, I always save a bit of my chapatti for him. Just a little gesture that he appreciated a lot and it kept me a bit slimmer.’

Karam, who likes to do a word search every day to keep his mind alive, believes that spending plenty of time together has helped their marriage last.

‘We have not spent any long span apart in over 50 years. We go everywhere together – up until a few years ago we went to India every year with the family and for all family weddings we make sure we get to stay together,’ he said.

Their marriage has lasted nearly five years longer than that of the current Guinness World Record holders and the couple are in the process of getting confirmation from the company that they will be named as the new record holders.

Many modern day romances fail to stand the test of time but longevity and experience makes Karam the best man to go to for relationship advice.

‘In the past people used to listen. Now I don’t think people take the time to listen to each other properly. People seem too busy today with work, TV and other stuff going on around them.

‘Relationships are about understanding one another and listening to concerns and problems, so my advice to men and women is to listen to their partners, show interest in what they are saying and help them overcome any worries or problems they are going through,’ he said.

And their son Satpaul, who is extremely proud of his parent’s relationship, added his own words of wisdom.

He said: ‘One piece of advice that I can’t stress enough is to keep your parents very close. We live with them in Bradford and look after them because we want to help them live as long as they can together.

‘I don’t want to see their love story end. I truly believe that by helping them over the last few years we have enabled them to enjoy their time together with no stress and being looked after.

'Also, you have to value them while they are here because you never know how long they are going to be around for.’

The still loved-up couple, who met through an arranged marriage, are having a big party in November to celebrate Karam’s 107th and Katari’s 100th birthday. The Mayor of Bradford as well as lots of community members will be joining in the festivities.

THEIR TOP FIVE TIPS TO KEEPING THE ROMANCE ALIVE

·  Always be faithful: always be faithful to one another. When you get married you commit to devoting your life to that person and even when the times are tough, don’t believe that the grass is greener...because it isn’t.

·  Look after each other as best you can: if you want to grow old with your partner you have to make sure you always look after each other in every shape and form. Whether it is making a meal, holding your partners hand when crossing the road or being a shoulder to cry on when something goes wrong.

·  Be tolerant of each other: everyone has bad habits or annoying traits. Whether it is leaving a towel on the floor or listening to the radio too loudly, you have to tolerate each other and realise that no one is perfect. Of course we irritate each other occasionally, but if you want to last nearly 90 years, learn to love bad habits or it won’t work.

·  Listen to each other: the most important thing in a relationship is to listen. People don’t listen anymore because they are too busy with work and TV. Listen to your loved ones’ problems and concerns every day, because then you can help them overcome them and be happier. Also, it brings you closer together because you are the first port of call for each other when there is an issue in your life.

·  Follow social and religious values: always make sure you follow social or religious values. Respect, care, cherish, love and value your partner – always treat them how you would want to be treated yourself.

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DRT Solutions Weekly Mail – 259th Issue dated 26th April ‘13

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

 

1) Important & Useful Judgment of the Supreme Court – Discovery, Production and Inspection of Documents 

 

H.L. Sethi vs R.P. Kapur decided on 19.07.72 by Supreme Court of India, Judges – K.K. Mathew & P. Jaganmohan Reddy, Case No : 665(n) of 19721


 

Citations - 1972 (2) SCC 427 : 1973 (1) SCR 697 : 1972 AIR(SC) 2379 : 1972 Legal Eagle 320


 

DRT Solutions Citation –  DRTS-010-Sethi vs Kapur-SC-1972

                                                           http://www.drtsolutions.com/Sethi-Kapur.htm

(We have now numbered the Judgments published on this web site as DRTS-00.) Accordingly all the judgments published so far have been numbered. The judgment on this page is numbered as DRTS-010.

 

Comments by DRT Solutions

An Important Supreme Court Judgment relating to Discovery, Production and Inspection of the Documents

(a)   The full text of the judgment is given on our web site vide link http://www.drtsolutions.com/Sethi-Kapur.htm with important portion marked in Red.

(b)   This is one of the most important SC Judgments relating to the documents.

(c)   All the bank litigations are based on documents. Hence discovery of all the material documents is most essential pre-requisite of the bank litigations. In this connection the following extract from this judgment are quite relevant.

(d)   Extract from Para 5:-

If a party wants inspection of documents in the possession of the opposite party, he cannot inspect them unless the other party produces them. The party wanting inspection must, therefore, call upon the opposite party to produce the document.

 

(e)   Another extract from Para 5:-

When the Court makes an order for discovery under the rule, the opposite party is bound to make an affidavit of documents and if he fails to do so, he will be subject to the penalties specified in Rule 21 of Order 11. An affidavit of documents shall set forth all the documents which are, or have been in his possession or power relating to the matter in question in the proceedings. And as to the documents which are not, but have been in his possession or power, he must state what has become of them and in whose possession they are, in order that the opposite party may be enabled to get production from the persons who have possession of them (see Form No. 5 in Appendix C of the Civil Procedure Code). After he has disclosed the documents by the affidavit, he may be required to produce for inspection such of the documents as he is in possession of and as are relevant.

(f)    Extract from Para 5:-

The documents sought to be discovered need not be admissible in evidence in the enquiry or proceedings. It is sufficient if the documents would be relevant for the purpose of throwing light on the matter in controversy. Every document which will throw any light on the case is a document relating to a matter in dispute in the proceedings, though it might not be admissible in evidence. In other words, a document might be inadmissible in evidence yet it may contain information which may either directly or indirectly enable the party seeking discovery either to advance his case or damage the adversary's case or which may lead to a trial of enquiry which may have either of these two consequences

(g)   If the advocate of the borrower has proper knowledge and adequate experience of trial and is well versed with material facts relating to the banking, industry and finance and perfect pleadings of the counter-claim has been made, no bank can win its recovery case as there are lot of wrong doings committed by the banks. Under such facts and circumstances, this particular judgment will be immensely useful.

 

(2) Strategy & Planning Borrowers’ Litigation in DRTs  


 

Our observations and views are as under:-

(a)   Right from inception since the entrepreneurs were not having adequate finance and therefore they approached the banks for financial assistance.

(b)   The banks are mammoth organizations having hundreds of branches and thousands of employees. Most of the big banks are in existence for more than 50 years and hence they have huge financial resources and long experience. They have well established law departments headed by General Manager(Law) The financial liquidity is also high due to CRR prescribed by the RBI.

(c)   Compared with the banks, the borrowers are too small with virtually no knowledge of banking and law. Their financial resources are also too small compared with the banks. Further the said financial resources are already tied up and deployed with very small liquidity.  

(d)   On account of many external factors which may be beyond control, the business becomes sick and the liquidity becomes negative. Under such financial problems, the banks instead of helping, apply pressure for recovery. The borrower may not have even funds for survival leave alone for legal fight.

(e)   The advocates of the borrowers must keep in mind above facts and circumstances while making strategy and planning the litigation in DRTs.

(f)    The case must be reviewed at least 7 days in advance of the date. One should plan if there is any adverse happening on the ensuing date.

(g)   Whatever happens on the date, plan must be prepared on the said date itself.

(h)   Since most of the environment is against the borrower, greater effort and hard work is required.

(i)    The pleadings should be perfect.

(j)    In most of the cases, the replies by the banks are only simple denials. Hence right from the beginning preparations should be made for such denials.

(k)   Despite orders of the Supreme Court more than past 15 years, the bank lobby is not allowing transfer of the DRTs from Ministry of Finance to Ministry of Law. Hence most of the POs and Recovery Officers are being appointed and posted out of bank officials. Further it is against Law that Ministry of Finance is holding regular meetings with the said POs to expedite recovery. All such activities by Ministry of Finance amounts to wrong doings being against the principles of natural justice.

(l)    Under the above biased environment, the advocates of the borrowers have to be more vigilant and alert. As soon as any order is issued, it should be thoroughly examined. If there is any scope for Review, review must be planned. One has to plan the Appeal also so that just after Review, Appeal is filed within the limitations. We have dealt with this aspect in several weekly mails e.g. 1st to 8th  (17.05.08 to 04.07.08), 21st to 30th, 31st to 40thand thereafter.

(m) As per law, Review must be filed first and then Appeal should be filed. The law on the subject was settled as early as 1909 vide exhaustive details given in AIR 1948 Allahabad 353. Both proceedings may go on simultaneously. As soon as there is any final order, the other may be discontinued. Further steps be planned after the said final order.

(n)   The counter-claim is the suit filed by the borrower. It should be handled by knowledgeable and experienced Trial Lawyer who has personally handled several trial relating to the bank litigations.

(o)   We observed that the DRT Advocates are quite busy and mostly are not having experience and knowledge of trial, we had no option but to empower the borrower litigants so that he emphasizes all important aspects to his advocate.

(p)   With the above approach several of our clients have achieved success in DRTs and the wrong doer lenders have been forced either to settle even at 5% to 20% of the debt due or they are fighting a losing battle in the appellate court.

(q)   We have found that much will depend as to how thoroughly the counter-claims are fought in DRTs. That will depend on knowledgeable and experience trial lawyers. There is no other option or short cut.

 

(3) Co-Op Banks can’t Act under Securitization Law’  


 

The following news item is self explanatory:-

Co-op banks can't act under securitization law'

TNN Apr 23, 2013, 05.36AM IST

http://articles.timesofindia.indiatimes.com/2013-04-23/ahmedabad/38762537_1_cooperative-banks-co-operative-banks-masoom-shah 

 

AHMEDABAD: To recover debts, co-operative banks cannot seize property or take its possession according to the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act. That was the ruling of the Gujarat high court on Monday.

Advocate in this case, Masoom Shah, said that the division bench of the Gujarat HC has overruled judgments issued by various high courts of Kerala, Bombay, Madras, Karnataka, Madhya Pradesh, Punjab and Haryana. All these HCs had declared the scheme as legal, but the Gujarat HC's division bench relied on the Supreme Court's judgment in the matter of Greater Bombay Co-operative Bank versus United Yarn Pvt Ltd. The division bench also declared the Centre's notification issued on January 28, 2003, bringing cooperative societies and banks under the purview of the act as void. It held that securitization act would not be applicable to cooperative banks because it would contradict Banking Regulation Act, 1949. The petitioners, who had defaulted on repayment of loans from various cooperative banks in the state, were facing notices from banks under the securitization act, and the possibility of seizure of properties.

(4) Healthy & Disease Free Life through Natural Raw Diet  


 

Mr  B.V. Chauhan, B.E.(Electrical), Retd SE (Gujrat Electricity Board) has come out with a revolutionary approach to Healthy and Disease Free Life through Natural Raw Diet. The details may be seen from his web sitehttp://www.newdiet4health.org/  The beauty is that several Allopathic Doctors (M.D., Cardiologists, ex-Dean,Hospital etc) have cured their own diseases. These doctors are presenting the books of Mr Chauhan to their patients.

His  first Hindi Book ‘Prakritik Apakva Ahar se Nirogi Jeevan’ was gifted to me by our family doctor. 


 

This book is available from ‘Shri Ram Kutir, Ganesh Society, Chittal Road, Amreli-365601 (Gujrat) Phone No 02792-226869.

The contact details of Mr Chauhan are as under:-

E-mail : balubhaic@gmail.com   balu1946aml@gmail.com

Phone : 02792-226869 ; 9426127255

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DRT Solutions Weekly Mail – 258th Issue dated 19th April ‘13

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


 

(1) Important & Useful Judgment of Kerala High Court – Bank’s Application u/s 14 to Magistrate, Appealable  u/s 17 to DRT 

 

Sami vs Bank of India decided on 22.07.11 by Kerala High Court, Judge – S. Siri Jagan, Full text of the judgment with our comments and important portion marked in Red may be seen by clicking the link http://www.drtsolutions.com/Magistrate-Appeal.htm

Our Comments

Past several years we have been advising our clients to file caveat with the Magistrate and as soon as the bank approaches Magistrate, appeal u/s 17 be filed before DRT. This Kerala judgment has supported our line of thinking. Important portion marked in Red are self explanatory

The concept and approach in this judgment can be further extended. The moment there is any threat for taking possession and or disposal of the property such as initiating sale or auction, we should approach to the DRT u/s 17. In this context one must set up counter-claim which must include loss and damages. We have found that the said loss and damages are much more than the claim of the bank resulting into ‘No Debt Due’ Hence until and unless ‘No Debt Due’ is finally decided by the adjudicatory process, no recovery action can be initiated leave alone proceeding with.


 

(2) “Garbage Menace” – Your Little Effort can do Wonders 

Mr Rajesh Jain M – 08427931111 and L - 01613966399, one of our clients from Ludhiana has sent us his following valuable article:-

“GARBAGE MENACE”- YOUR LITTLE EFFORT CAN DO WONDERS

 

We all are facing one serious problem of Garbage. We all are contributors to this problem and blame local municipality as they are responsible to solve this problem. The garbage piles are taking shapes of mountains if you enter Delhi from Karnal side you can see those mountains, almost whole outskirts of Delhi or any metro city is being developed on such type of landfills. The future generations is going to occupy the land i.e our children.

Have you ever thought how can we minimise this problem? Have you tried to take a note what is there in garbage? You will never have courage to stop near the garbage dump and like to have a closer look while passing near to it, because it stinks and is surrounded by flies, mosquitoes and harmful bacteria.

But let me tell give you the idea. Industrial waste+ Institutional waste like Hospitals etc. They are controlled by regulatory bodies but the major contributor is house hold garbage, which is uncontrolled?

 Our house hold garbage consists of: Mainly Kitchen waste & polythene bags, plastics, metals, non metals, boxes and paper etc.

The Mantra is

 

“NOT TO DISPOSE EVERYDAY THE NON STINKING MATERIALS”

(Except decomposing matter)

 

WHY DISPOSE THAT PART OF GARBAGE EVERYDAY? Which is not troubling you as it is not stinking and will not decompose for years?

Keep it separate!!

Give to someone who is accepting and selling to those who recycling it.

 

This will solve problems partially, without getting any help of Govt. nominated bodies, you are right, they will not help, and we help ourselves. It will not involve extra effort or money; no money will be generated at our end.

 

Let municipality do the remaining job what is doing already, they will not have any objection to it.

 

How we can do it ?

Kitchen waste, which stinks within no time and you want to get rid of it as soon as possible, Go ahead! No one stops you........... 

Stop! Stop!  Why are you mixing it with other wastes which are not troubling you as it is not stinking and will not decompose for years?  WHY DISPOSE EVERYDAY?

Why not keep it separate and collect it in a big jute bag to be kept in the rear of the house. Dispose when it is full by donating it to some rag pickers who makes his living out of it, at the same time reducing his effort and avoiding his exposure to unhealthy working conditions (I see mainly young girls or boys not even 13 in this category). But it will not be wise for him or for you to collect the smaller lots; it has to be considerable quantity so that next time he will come knocking at your door asking for the collection. I am very much against child labour or this type job and I do not promote it, our country is big and there are too many unemployed, however this will be temporary arrangement since there is no such agency so far which does collect this type of recyclable materials like in developed nations where you will be charged for the service.

 Our main culprit in our garbage dumps is polythene bags, plastics, metals, non metals, boxes and paper which is almost two third of the whole pile, it will be easy for the municipality to handle the rest of garbage efficiently.

However  if you are really ENVIRONMENTALIST then kitchen waste also no need to throw just like that you can convert it to VERMICOMPOST. Which is a very good fertilizer for your lawns or flowerpots?

If his message can go to each and every house by NGO’s, Schools, colleges or by social networking

It will do wonders and save lot of National wealth going down the drain or in landfills and creating Garbage Menace.

The writer has been producing ‘Vermicompost’ from cow dung and Apple pomace on large scale Basis and is ready to provide any help in this sector for Public Interest.

My own House model to save environment is as below:

( My house can be visited to demonstrate to enthusiastic. )

 

SOLID WASTE:

·  Total kitchen waste+ Garden waste I convert into vermi-compost, I have a pit of 2’x 8’ in my backyard (really it does not stink at all) the fertilizer is used for organic vegetables + lawns.

·  Plastics of all types + all others, I keep in a Jute bag to be disposed every fortnight, believe me it was a real help to our domestic helpers, who were reluctant to so in the beginning, but it is easy for them now, and to the rag picker too, who in kind keeps our area free from poly bags thrown by unknown persons, as we deliver him only on this condition. 

WATER DISPOSAL:

·  Bath rooms+ kitchen+ rain water is collected in a tank which we use for kitchen garden and lawns by pumping.

·  I have separated toilet disposal to a septic tank and then to soak pit.

ELECTRICITY SAVINGS:

·  I have installed solar water heater , we explore all the possibilities to make use of this free heat

·  We use for bathrooms No geysers.

·  We use preheated water in kitchen.

·  We have washing machine with two water inlets hot and cold, hot one is connected to solar water heater.

·  We have LED and CFLs

·  We use Fans+ Air coolers for APR –MAY-JUNE

·  Air conditioners with their outer units are placed in shade and in well air circulated area so that maximum efficiency is obtained as compared to the one placed in the Sun or where air circulation is minimum.

GAS SAVINGS:

 

I have traditional fire place (Chullah) in backyard to take care of wood logs and very small paper and other non plastic materials, which can be recycled, but I am afraid that rag pickers will collect from us and throw at some other place, so to avoid that it is better to produce heat for domestic purposes like water heating etc as LPG is becoming costlier, may be it will save fraction of money , but more important is proper disposal. About ash being produced , we use again on our vegetables it has double action , it protects from pests as well as it acts as a fertilizer.

 

GREEN BUILDING: 

·  I have made my house using “VASTU” which makes best utilization of Sunlight and Air, hollow walls in South and west, maximum windows and doors in North and east, thus saving on Electricity on account of Light and air-conditioning as you will require very less.

·  It has health benefits, thus you save on medicals also.

·  I have planted Appox 50 fruit bearing trees and climbers in the south which gives you fruit as well protects you from harsh effects of SUN.

·  I have painted my house and roof top in white, so that minimum heat is absorbed from SUN, and is reflected outwards.

·  I am waiting for Photo Voltaic panels to be cheaper and efficient to clad my house from SOUTH/WEST and top to generate electricity for our use.


 

(3) The Brick 

Mr  Dinesh Kakkad from Jalagaon has sent the following beautiful piece:-

THE 
BRICK 

A young and successful 
executive was traveling down a neighborhood street, 
going a bit too fast in his new Jaguar. He was 
watching for kids darting out from between parked 
cars and slowed down when he thought he saw 
something. 

As his car passed, no children appeared. 
Instead, a brick smashed into the Jag's side door! 
He slammed on the brakes and backed the Jag back to 
the spot where the brick had been thrown. 

The angry 
driver then jumped out of the 
car, grabbed the nearest kid and pushed him up 
against a parked car shouting, 

'What was that all about and who are you? Just what 
the heck are you doing? That's a new car and that 
brick you threw is going to cost a lot of money. Why 
did you do it?' The young boy was apologetic. 
'Please, mister...please, I'm sorry but I didn't 
know what else to do,' He pleaded. 'I threw the 
brick because no one else would stop....' With tears 
dripping down his face and off his chin, the youth 
pointed to a spot just around a parked car. 'It's my 
brother, 'he said 'He rolled off the curb and fell 
out of his wheelchair and I can't lift him 
up.' 

Now sobbing, the boy 
asked the stunned executive, 'Would you please help 
me get him back into his wheelchair? He's hurt and 
he's too heavy for me.' 

Moved beyond words, 
the driver tried to swallow the rapidly swelling 
lump in his throat... He hurriedly lifted the
handicapped boy back into the wheelchair, then took 
out a linen handkerchief and dabbed at the fresh 
scrapes and cuts. A quick look told him everything 
was going to be okay. 'Thank you and may God bless 
you,' the grateful child told the stranger. Too 
shook up for words, the man simply watched the boy! 
push his wheelchair-bound brother down the sidewalk 
toward their home. 

It was a long, slow 
walk back to the Jaguar. The damage was very
noticeable, but the driver never bothered to repair
the dented side door. He kept the dent there to 
remind him of this message: 'Don't go through life 
so fast that someone has to throw a brick at you to 
get your attention!' God whispers in our souls and 
speaks to our hearts Sometimes when we don't have 
time to listen, He has to throw a brick at us. It's 
our choice to listen or 
not. 

Thought for the 
Day: 

If God had a 
refrigerator, your picture would be on 
it. 

If He had a wallet, 
your photo would be in 
it. 

He sends you flowers 
every spring. 

He sends you a sunrise 
every morning Face it, friend - He is crazy about 
you! 

Send this to every 
'beautiful person' you wish to 
bless. 

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

Our Weekly Mails and DVDs are DRT Legal Guide and gold mine of practical information for the borrowers and guarantors - The mail recipient particularly Borrowers and Guarantors will be immensely benefited by our weekly mails and DVDs, all previous issues of weekly mails from 1st one till the last one may be viewed by clicking the links given at the top. Separate web pages have been created to contain these mails in batches of 10 so that pages open up fast. These mails are gold mine of information on current topics giving lot of practical suggestions and comments. Any new recipient to these mails must go through all the weekly mails right from the issue no 1 to the latest. If possible please spread the reference of our web site and the weekly mail among the persons, borrowers and guarantors who are the bank victims. If anyone desires to get these mails regularly, he may write to us for inclusion of his e-mail ID in the regular mailing list. The weekly mail is issued on every Friday. The particular issue of the weekly mail is first published on the web site and then mailed to borrowers, guarantors and their advocates in the country. This service is free in the best interest of society in general and litigant borrowers and guarantors in particular. We are getting huge no of mails appreciating our weekly mails. We welcome suggestions.


 

DRT Solutions Weekly Mail – 257th Issue dated 12th April ‘13

All Weekly mails right from 1st Issue to latest, click links below:-
 

Weekly Mails - 1-10  11-20  21-30  31-40  41-50  51-60  61-70  71-80 81-90 91-100 101-110 111-120 121-130 131-140 141-150 151-160 161-170 171-180 181-190 191-200 201-210 211-220 221-230 231-240 241-250 251-Latest
 

(1) Important & Useful Judgment of SC - Points Pressed during Arguments have to be dealt with in the Judgment/Order

 

Following is the extract from our web page vide link

http://www.drtsolutions.com/DRT-Judgments.htm

 

Mohd. Akram Ansari vs Chief Election Officer & Others decided on 04.12.07 by Supreme Court of India, Judges – A.K. Mathur & Markandey Katju, Civil Appeal No 4981 of 2006 with Civil Appeal No 5828 of 2006

Citations - 2008 (2) SCC 95 : 2007 (12) SCR 901  2007 (14) Scale 30 : 2007 AIOL 1255 : 2007 Legal Eagle 1255 :


 

Comments by DRT Solutions


 

The full text of the judgment is given vide link http://www.drtsolutions.com/Points-Pressed.htm with important portion marked in Red. It is a common experience of the advocates that many points pressed during the arguments are not dealt with by the Judge in the judgment/order. When it is felt that such a thing is going to happen, this judgment will be of immense use. This judgment be placed before the Judge requesting him to deal with all the points pressed in the ensuing arguments. If he does not do, an application be submitted to include the said points. Following extract from Para 14 is self explanatory.

"there is a presumption in law that a Judge deals with all the points which have been pressed before him. It often happens that in a petition or appeal several points are taken in the memorandum of the petition or appeal, but at the time of arguments only some of these points are pressed. Naturally a Judge will deal only with the points which are pressed before him in the arguments and it will be presumed that the appellant gave up the other points, otherwise he would have dealt with them also. If a point is not mentioned in the judgment of a Court, the presumption is that that point was never pressed before the learned Judge and it was given up. However, that is a rebuttable presumption. In case the petitioner contends that he had pressed that point also (which has not been dealt with in the impugned judgment), it is open to him to file an application before the same learned Judge (or Bench) which delivered the impugned judgment, and if he satisfies the Judge (or Bench) that the other points were in fact pressed, but were not dealt with in the impugned judgment, it is open to the concerned Court to pass appropriate orders, including an order of review. However, it is not ordinarily open to the party to file an appeal and seek to argue a point which even if taken in the petition or memorandum filed before the Court below, has not been dealt with in the judgment of the Court below. The party who has this grievance must approach the same Court which passed the judgment, and urge that the other points were pressed but not dealt with." 


 

(2) Favourable and & Useful DRT Judgments for Borrowers and Guarantor- As a result ranking of our web site in ‘Google India’ for search ‘Weekly Mail’ is top among 553,000,000 results    

 

Following is the extract from our web page vide link

http://www.drtsolutions.com/DRT-Judgments.htm

 

Consequent on our weekly issue of favourable and useful DRT judgments for borrowers and guarantors, we have received numerous response and appreciation from not only the mail recipients but  from several unknown persons. As a result the ranking of our web site in the search word ‘Weekly Mail’ has gone so high that the same in ‘Google India’ is now top among 553,000,000 entries. This shows and proves tremendous popularity of our weekly mails.

We shall continue publishing at least one such judgment every week. We need your feedback. The recipients have liked the format. Easy and free of cost availability of full text of such important and useful judgments with comments as well as important portion marked in Red have boosted the value of such cyber publication. For quick and instant availability, we have allotted exclusive separate page for each of the judgments.

So far we have published full text of the following judgments (with comments and important portions marked in Red) which are favourable and useful to the borrowers and guarantors:-

Note :- DRTS-00 stands for 'DRT Legal Solutions-00' and is the Citation for judgments on this web site.

DRTS-09 Kerala High Court Judgment on 'Bank's Application to Magistrate u/s 14 is appealable to DRT u/s 17' in the matter of 'Sami vs Bank of India' decided on 22.07.11. Full text of the judgment with our comments is available vide link http://www.drtsolutions.com/Magistrate-Appeal.htm Important portions of the judgment have been marked in Red.

DRTS-08 Supreme Court Judgment on 'Points Pressed during Arguments have to be mentioned in the Judgment/Order' in the matter of 'Mohd. Akram Ansari vs Chief Election Officer and Others' decided on 04.12.07. Full text of the judgment with our comments is available vide link http://www.drtsolutions.com/Points-Pressed.htm Important portions of the judgment have been marked in Red.

DRTS-07 Allahabad High Court Judgment on 'SA u/s 17 and 18 to be decided before any Recovery Action' in the matter of 'Gulshan Rai, Jain and Others vs Debts Recovery Appellate Tribunal and Others' decided on 28.09.11. Full text of the judgment with our comments is available vide http://www.drtsolutions.com/SA-Before-Recovery.htm Important portions of the judgment have been marked in Red.

DRTS-06 DRAT, Delhi Judgment on 'Counterclaim permissible in SA u/s 17 of Securitisation Act' in the matter of 'Vijaya Bank vs B. L. Gupta' decided on 16.03.11. Full text of the judgment with our comments is available vide http://www.drtsolutions.com/counterclaim-SA.htm  Important portions of the judgment have been marked in Red.

DRTS-05 Supreme Court Judgment on 'Property Valuation, Sale, Auction and Disposal' in the matter of 'Ram Kishun & Others vs State of UP & Others decided on 24.05.12. Full text of the judgment with our comments is available vide http://www.drtsolutions.com/SC-Property-Disposal.htm Important portions of the judgment have been marked in Red. 

DRTS-04 Karnataka High Court Judgment on 'Notice u/s 13(4) is a must before initiating action u/s 14 for approaching to the Magistrate' in the matter of K.R. Krishnegowda vs Authorised Officer decided on 27.03.12. Full text of the judgment with our comments is available vide link  http://www.drtsolutions.com/13(4)-14-Magistrate.htm Important portions of the judgment have been marked in Red. 

DRTS-03 Patna High Court Judgment on 'Dismissal of the OA' in the matter of Purnea Cold Storage vs State Bank of India decided on 27.08.12. As soon as SA is filed, the existing OA or if OA is filed, the same deserves to be dismissed. Full text of the judgment with our comments is available vide link www.drtsolutions.com/OA_Dismissal.htm Important portions of the judgment have been marked in Red. 

DRTS-02 Supreme Court of India on simultaneous proceedings of OA and SA in the matter of Transcore vs Union of India decided on 29.11.06 :- Full text of this judgment is available on this site vide link http://www.drtsolutions.com/sc_judgment_on_drt,_securitisation,_transcore.htm

  This judgment is referred to in the above Patna High Court Judgment. Past several years, we have observed that majority of the advocates and the judges are making mistake in interpreting this Transcore Judgment. Patna High Court has supported our line of thinking.

DRTS-01 Bombay High Court Judgment on Condonation of Delay in the matter of Manilal Govindji Khona vs Indian Bank decided on 29.08.12 :- Full text of this judgment with our comments is available on this site vide link www.drtsolutions.com/condonation_delay.htm Important portions of the judgment have been marked in Red. We have been opining past several years that the matter of condonation of delay has to be permitted in the DRTs despite several judgments of the High Courts. Now our contentions have been supported by this Bombay High court judgment.

 
 

(3) Books on Naturopathy, Diet, Cure of Diseases etc.    

 

Recently we have come across wonderful books written by Dr Nagendra Kumar Neeraj on the topics of Naturopathy, Diet, Cure for various diseases etc. Dr Neeraj is at present Chief Medical Incharge, Naturopathy Centre, Patanjali Yog Peeth, Haridwar. In fact I have recorded several Video Clips of Dr Neeraj when he spoke on Naturopathy in presence of Swami Ramdevji as well as Pradumn Maharajji (Guru of Swami Ramdevji) Dr Neeraj is also Vice President of International Naturopathy Organisation, ex-CMO,  Health Director, Advisor of several organizations; ex-Zonal Secretary, (1984-2004 i.e. 20 years) Akhil Bhartiya Praktik Chikitsa Parisad. He has written more than 25 books. He has received several international awards in the field of naturopathy. One can find numerous reference of his books on the internet.


 

(3) A Wonderful Poem


 

Mr Firoz Poonawalla has sent the following heart touching poem:-

A Wonderful Poem!
================
Today, upon a bus, I saw a very beautiful woman 
And wished I were as beautiful. 
When suddenly she rose to leave, 
I saw her hobble down the aisle. 
She had one leg and wore a crutch. 
But as she passed, she passed a smile. 
Oh, God, forgive me when I whine. 
I have two legs; the world is mine. 

I stopped to buy some candy. 
The lad who sold it had such charm. 
I talked with him, he seemed so glad. 
If I were late, it'd do no harm. 
And as I left, he said to me, 
"I thank you, 
you've been so kind. 
It's nice to talk with folks like you. 
You see," he said, "I'm blind." 
Oh, God, forgive me when I whine. 
I have two eyes; the world is mine. 

Later while walking down the street, 
I saw a child I knew. 
He stood and watched the others play, 
but he did not know what to do. 
I stopped a moment and then I said, 
"Why don't you join them dear?" 
He looked ahead without a word. 
I forgot, he couldn't hear. 
Oh, God, forgive me when I whine. 
I have two ears; the world is mine. 

With feet to take me where I'd go.. 
With eyes to see the sunset's glow. 
With ears to hear what I'd know. 
Oh, God, forgive me when I whine. 
I've been blessed indeed, the world is mine. 
===========================================
If this poem makes you feel thankful, just forward it to your friends. 
After all, it's just a simple reminder that we have so much to be thankful for!

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DRT Solutions Weekly Mail – 256th Issue dated 5th April ‘13

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


 

(1) SA under 17 and 18 should have been Decided before Any Recovery Action rules Allahabad High Court

 

Following is the extract from our web page vide link

http://www.drtsolutions.com/DRT-Judgments.htm

 

Gulshan Rai, Jain and Others versus DRAT, Allahabad and Others decided on 28.09.11 by Allahabad High Court, Bench at Lucknow, D.B., Misc Bench No. 9623 of 2011, Judges – Devi Prasad Singh & Dr. Satish Chandra

(Reference – from internet vide link of Allahabad High Court –
 

http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=1454559 )
 

Comments by DRT Solutions

The full text of the judgment is given vide link  http://www.drtsolutions.com/SA-Before-Recovery.htm with important portion marked in Red. For easier reference in the comments, the paragraphs of the judgment have been numbered. Our comments are as under-

(a)  In para (5) this judgment it is stated that  “Thus, it appears that instead of deciding the issue with regards to question involved therein (i.e. in the SA), the original authority as well as the appellate authority has permitted the respondent-bank to proceed with the auction and sale of the property in question.”

(b)   This has validated our contentions past several years that the DRT should first decide the SA before initiating any action for recovery. At the most the bank may take symbolic possession.

(c)   As per the above judgment, the DRT and DRAT respectively in the matter of application u/s 17 and 18 are required to take following measures:-

(i)            to issue interim orders as soon as the case is filed before them.

(ii)           and then to decide the matter on merits expeditiously within the time limit prescribed in the Act.

(d)   Till the above is done, there should not be any action towards enforcement of recovery against the securities.

(e)   This has been our contentions past several years and the same have been validated by this judgment.

(f)    As regards expeditious action to decide the SA, the time period mentioned in the Act is 4 months. This may be possible in simple cases where proper defence has not been raised by the borrowers and guarantors and no counter-claim has been setup.

(g)   However in respect of the pleadings prepared by us, full trial within 4 months will not be possible. First of all our pleadings are based on all wrong doings committed by the bank on account of the violations of the RBI Guidelines which are proved by the documents. In most of the cases, the declaration of NPA itself is wrong. Further there are mistakes in the calculation of debt due. Over and above, on account of counter-claim (loss and damages in the SA)which is much more than the amount claimed by the bank, there is situation of  ‘No Debt Due’ Such exhaustive pleadings will result into several material issues, adjudication of which will definitely require lot of time.

(h)   The adjudication will first start with inspection of original documents which are in power and possession of the bank. If all the documents are given, the bank will lose the case. Hence the banks avoid giving all the documents. This controversy will itself take lot of time even for years.

(i)    The DRT may adopt all methods of expeditious adjudication but no short cuts can be employed which may cause injustice.

(j)    This approach based on this judgment can  be used as under:-

(i)            When one has pleaded counter-claim and situation has arisen for  ‘No Debt Due’, 

(ii)           No recovery action against the securities as per sec 13(4) of the Act can be taken until and unless the application u/s 17 and 18 are decided on merits.

(iii)         Hence the interim orders should not have any element of deposit.

(iv)          No action can be taken by the Magistrate u/s 14.

(v)           Since the banking transactions in respect of business and industries involve complex facts based on documents, the fair trial will take sufficient time of the DRT or DRAT particularly when full pleadings have been framed and counter-claim has been pleaded.

(k) We have been emphasizing above past more than 10 years and this judgment has supported our contentions.

(2) Beautiful Good Morning 

Mr Firoz Poonawalla has sent the following interesting piece:-

BEAUTIFUL GOOD MORNING!!!!!!!!!!!!

This is without a doubt one of the nicest good luck forwards I have received. Hope  you  also like the same.
There's some mighty fine advice in these words.  
ONE.
Give people more than they expect and do it cheerfully.
 
TWO.
Marry a man/woman you love to talk to. As you get older, their conversational skills will be as important as any other. 

THREE.
Don't believe all you hear, spend all you have or sleep all you want. 

FOUR.
When you say, 'I love you,' mean it. 

FIVE.
When you say, 'I'm sorry,' look the person in the eye. 

SIX.
Be engaged at least six months before you get married. 

SEVEN.
Believe in love at first sight. 

EIGHT.
Never laugh at anyone's dreams. People who don't have dreams don't have much. 

NINE.
Love deeply and passionately. You might get hurt but it's the only way to live life completely.

TEN..
In disagreements, fight fairly. No name calling.
 

ELEVEN.
Don't judge people by their relatives. 

TWELVE.
Talk slowly but think quickly. 

THIRTEEN! .
When someone asks you a question you don't want to answer, smile and ask, 'Why do you want to know?' 

FOURTEEN.
Remember that great love and great achievements involve great risk. 

FIFTEEN.
Say 'bless you' when you hear someone sneeze. 

SIXTEEN.
When you lose, don't lose the lesson. 

SEVENTEEN.
Remember the three R's: Respect for self; Respect for others; and Responsibility for all your actions. 

EIGHTEEN.
Don't let a little dispute injure a great friendship. 

NINETEEN.
When you realize you've made a mistake, take immediate steps to correct it. 

TWENTY. Smile when picking up the phone. The caller will hear it in your voice

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DRT Solutions Weekly Mail – 255th Issue dated 29th March ‘13

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

(1) Counter-claim Permissible in Securitisation Application u/s 17, rules DRAT Delhi  

Following is the extract from our web page vide link

http://www.drtsolutions.com/DRT-Judgments.htm 

Vijaya Bank versus B. L. Gupta decided on 16.03.11 by Debts Recovery Appellate Tribunal, Delhi upholding that counter-claim can be filed in the application u/s 17 of the Securitisation Act in DRT. This is validation of our contentions past nearly 10 years. The full text of the judgment is given on our web site vide link http://www.drtsolutions.com/counterclaim-SA.htm The important portions of the judgment has been marked in Red. 

Comments by DRT Solutions :- Our comments are as under:-

(a)   Past nearly 10 years we have been telling our clients to include loss and damages (i.e. counter-claim) in their application u/s 17 of the Securitisation Act. In fact in several of the said applications drafted by us, we have done so e.g. in case of one of our clients from Bangalore in 2006.

(b)   We have voiced our contentions in our web site, DRT All India Conferences held at Indore in 2008 and 2011 as well as in our weekly mails.

(c)   In the above DRAT Delhi judgment, reference has been made to the SC Judgment of 2004 in the matter of Mardia Chemicals.

(d)   As a whole our contentions are based on the following legal analysis:-

(i)            The borrower as a citizen has fundamental rights of fair trial under the constitution of India and the said rights can not be abridged or curtailed by anybody or by any enactment including the Securitisation Act of 2002.

(ii)           Since Sec 34 of the said Securitisation Act has barred the civil court, the said rights of fair trial for the borrowers are to be ensured and assured by the DRTs.

(iii)         Since as per Mardia in 2004 and now specifically explained by the DRAT Delhi in 2011, borrower’s counter-claim has to be adjudicated upon by fair trial by the DRTs.

(iv)          The DRTs may adopt expeditious and summary process to judicial determination of the bank claims but for the counter-claim of the borrower, full and exhaustive trial has to be conducted and carried out as he was entitled in the civil court before the said bar due to Securitisation Act of 2002.

(v)           Since in most of the cases, we have found that the said loss and damages or counter-claim is much more than the claim of the bank, there is the situation of ‘No Debt Due’ and hence no recovery action on the securities can be initiated till the said ‘No Debt Due’ is judicial determined by the full and fair trial.

(vi)          On account of above, the DRT Act, Securitisation Act and DRTs have limited role or function as it would have been better to improve the civil courts as a whole instead of creating new forums like DRTs.

(vii)        We don’t want to learn from the experience of other countries. In UK, the tribunals were introduced in 1800. It took more than 150 years to find out correct solution i.e. by Sir Frank Committee in 1957.

(viii)       As told by eminent justice Krishna Iyer that our courts are 200 years behind the courts in developed countries.. There are 73 countries whose judicial systems are better than us. The only and better solution is to improve the courts based on the system developed in those countries which have better judicial system.

(ix)          Since the relevant institutions like Govt, Law Commission, Bar Council of India and Law Colleges are not doing desirable work (and they will not do for obvious reasons), the public has to come forward. While litigants in civil courts can not do much, those in DRTs can do much better as the Businessmen and Industrialists as litigants are much more competent and resourceful. Till the judiciary and judicial systems are improved, we cannot have real democracy i.e. rule for public, rule by public and rule of public as against rule by Bureaucrats & Politicians, rule of Bureaucrats & Politicians and rule for Bureaucrats & Politicians.

(x)           The full and fair adjudication of claim for loss and damages or counter-claim will alone bring to light the wrong doings committed by the bureaucracy in the banks and financial institutions after which only the banks and the said institutions will improve and after that only the hold of the politicians on these institutions will come down. Thus the DRT litigants have a great responsibility and role to play.

(2) Writ Jurisdiction ousted vis-à-vis Orders of Recovery Tribunals – Yet Again

The following news item is self explanatory. We have been holding such contentions past several years. DRTs being the trial courts first must determine the facts judicially and then only there will be function of higher courts. 

Writ jurisdiction ousted vis-a vis orders of recovery tribunals- yet again!!

http://www.lexology.com/library/detail.aspx?g=ef6ff727-5a54-4f8b-8819-9bded4fdabc6

·         March 15 2013

Introduction

The Supreme Court in the recent judgment of T. P. Vishnu Kumar v. Canara Bank P.N. Road, Tiruppur and Ors1. reiterated the principle that when specific remedy is made available to a party, invocation of writ jurisdiction under Article 226 of the Constitution of India is not permissible in matters of recovery of debts. Writ jurisdiction of the Court cannot be invoked to test the validity/correctness of every interim order passed by the Debt Recovery Tribunal (“DRT”) under the provisions of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (“Act”).

Factual Matrix

The present case arises from an appeal against the Madras High Court (“Mad HC”) Division Bench judgment2 wherein the appeals against Single Bench judgment were allowed on the ground of availability of alternate remedy under Section 20 of the Act.

Canara Bank (“Respondent Bank”) had filed application before the DRT for recovery of amounts of INR 29, 68,161.93/- with interest @ 17% per annum with respect to Open Cash Credit facilities granted to T. P. Vishnu Kumar (“Appellant”) herein. These amounts were granted on the mortgage of other immovable properties and guarantee given by other partners of the partnership firm formed along with the Appellant herein. The debts were acknowledged by the Appellant however over a period of time the accounts maintained with the Respondent Bank became irregular and monies were not received leading to issuance of notices. The Appellant filed its response and submitted their inability to file detailed written statement in the absence of non-production of accounts by Respondent Bank. The Appellant filed separate interim applications seeking production of entire accounts and other relevant documentation. All the interim applications were dismissed by DRT.

In furtherance thereof, the Appellant filed writ petition under Article 226 of the Constitution before Single Bench of Mad HC for issuance of writ of mandamus directing Canara Bank to produce statement of accounts. The Appellant contended that merits of the matter should be decided in a trial and same cannot be dealt with at the interim stage. Further, such applications cannot be admitted without entire documents being submitted as the same were absolutely necessary for filing detailed written statement. The Respondent Bank contended that the Tribunal is permitted to make such orders and give directions on discovery and production as it deems fit. The Single Bench held that non-furnishing of documents amounted to prejudice against the Petitioner and allowed the writ petition directing the Respondent Bank to submit the documents.

The said decision was appealed by Respondent Bank before Division Bench as despite alternate remedy prevailing under the Act writ jurisdiction was invoked. The appeal was allowed leading to the present petition before the Supreme Court.

Issue

The only issue to be determined before the SC was whether existence of alternate remedy barred invoking the jurisdiction of the civil court.

Judgment and Analysis

The SC held that writ petitions cannot be filed in case of recovery of dues unless there exists any statutory violation or proceedings are conducted in an arbitrary, unreasonable and unfair manner. If the Act itself provides for a mechanism or an alternate remedy, writ jurisdiction of the High Court cannot be invoked as the same would defeat the very objective of enacting a separate statute and establishing a specialized Tribunal.

The purpose of the Act was ensuring speedy recovery of bank dues. Due to severe delay in adjudicating and disposing such cases, banks and financial institutions like any other litigants were subjected to go through a process of pursuing the cases for recovery through civil courts for unduly long periods, leading to the trapping of crores of rupees in litigation proceedings, which the banks could not re-advance, leading to enactment of the Act and DRT to assure expeditious recovery proceedings and speedy adjudication of matters concerning debt recovery of banks.

The Tiwari Committee which recommended the constitution of a Special Tribunal for recovery of debts due to banks and financial institutions stated in its report that the exclusive jurisdiction of the Tribunal must relate not only in regard to the adjudication of the liability but also in regard to the execution proceedings.

Section 17 of the Act provides that the DRT shall have jurisdiction to “entertain and decide applications from banks and financial institutions for recovery of debts due to such banks and financial institutions and Section 18 of the Act clearly bars the jurisdiction of other authorities and courts except the Supreme Court and High Courts under Articles 226 and 227 of the Constitution. It is a settled law that any provision ousting the jurisdiction of civil court must be strictly construed3.

The Tribunals and the Appellate Tribunals established to bring about special procedural mechanism for speedy recovery of the dues of banks and financial institutions have also made provision for ensuring that defaulting borrowers are not able to invoke the jurisdiction of Civil Courts for frustrating the proceedings initiated by the banks and other financial institutions. The SC in Allahabad Bank vs. Canara Bank & Anr4. held that the Act confers exclusive jurisdiction on the Tribunal. That being the position, the parties have to agitate their grievances only before the said forum, DRT and not before this Court under Article 226 of the Constitution or any other forum.

Further, the said law was reiterated again in Punjab National Bank vs. O. C. Krishnan & Ors5. , wherein the SC held that “the Act was enacted with a view to provide a special procedure for recovery of debts due to the banks and the financial institutions. There is a hierarchy of appeal provided in the Act, itself namely, filing of an appeal under Section 20 and this fast-track procedure cannot be allowed to be derailed either by taking recourse to proceedings under Articles 226 and 227 of the Constitution or by filing a civil suit, which is expressly barred. Even though a provision under an Act cannot expressly oust the jurisdiction of the court under Articles 226 and 227 of the Constitution, nevertheless, when there is an alternative remedy available, judicial prudence demands that the Court refrains from exercising its jurisdiction under the said constitutional provisions.”

The Supreme Court in Kohinoor Creations and Ors. v.Syndicate Bank6 held that all matters within the purview of the Act are to be dealt by the specialized tribunal, DRT and Appellate Tribunal constituted only for this purpose and no other body or forum can deal with these disputes. The bar of civil court thus applies to all such matters which may be taken cognizance of by the DRT.

Not only in relation to the applicability of the Act and approaching DRT, the SC in United Bank of India vs Satyawathi Tondon and Ors7. observed that it is a matter of serious concern that despite repeated pronouncements, the High Court’s continue to ignore the availability of statutory remedies under the DRT and Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act”) and exercise jurisdiction under Article 226 for passing orders which have serious adverse impact on the right of banks and other financial institutions to recover their dues.

It is surprising to note that the Mad HC in the past has itself ruled against approaching civil courts; invoking writ jurisdiction in case of recovery of debts by banks8 however had allowed it in the present case. The present judgment is one more attempt to clarifying the law and creating awareness among the litigants in relation to recovery of dues from banks and financial institutions.

Failing to nip the bud of frivolous invocation of writ remedy under Article 226 and 227, in this case resulted in a delay of more than five years. If justice delayed is justice denied, then justice has certainly been denied to Canara Bank despite SC’s proverbial rap on Mad HC’s (single bench) knuckles.

(3) Jewish Wisdom

 

Mr Firoz Poonawalla has sent the following interesting Jews Proverbs:-

Jewish Wisdom

EVER COME ACROSS JEWISH PROVERBS? HERE ARE SOME FROM THE RACE THAT HAVE, PERCENTAGE WISE, PRODUCED MORE NOBEL PRIZE WINNERS THAN ANY OTHER RACE!  

If the rich could hire other people to die for them, the poor could make a wonderful living. 

≈ Yiddish Proverb 

The wise man, even when he holds his tongue, says more than the fool when he speaks.

≈ Yiddish Proverb 

What you don't see with your eyes, don't invent with your mouth. 

≈ Yiddish proverb 

A hero is someone who can keep his mouth shut when he is right. 

≈ Yiddish Proverb 

One old friend is better than two new ones.

≈ Yiddish Proverb 

One of life's greatest mysteries is how the boy who wasn't good enough to marry your daughter can be the father of the smartest grandchild in the world. 

≈ Jewish Proverb  

A wise man hears one word and understands two. 

≈ Yiddish Proverb 

"Don't be so humble - you are not that great."   

≈ Golda Meir (1898-1978) to a visiting diplomat 

Pessimism is a luxury that a Jew can never allow himself.

≈ Golda Meir 

Any intelligent fool can make things bigger and more complex. It takes a touch of genius - and a lot of courage to move in the opposite direction.   

≈ Albert Einstein 

Life is like riding a bicycle. To keep your balance you must keep moving. 

≈ Albert Einstein 

Intellectuals solve problems; geniuses prevent them.

≈ Albert Einstein 

You can't control the wind, but you can adjust your sails. 

≈ Yiddish proverb 

I don't want to become immortal through my work. I want to become immortal through not dying.

≈ Woody Allen 

Imagination is more important than knowledge.

≈ Sign hanging in Einstein's office at Princeton. 

We can't solve problems by using the same kind of thinking we used when we created them. ≈ Albert Einstein  

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DRT Solutions Weekly Mail – 254th Issue dated 22nd March ‘13

All Weekly mails right from 1st Issue to latest, click links below:-


 

(1) Useful / Favourable Judgment to Borrowers & Guarantors

 

Following is the extract from our web page vide link

http://www.drtsolutions.com/DRT-Judgments.htm

 

Our presentation of useful / favourable judgments to Borrowers and Guarantors has been widely appreciated by our clients and visitors of our web site. We received several phone calls and mails appreciating utility of such information and web content. Our selection, content and comments have been liked by one and all. Full text with red content has been greatly appreciated. As a result the above web page has occupied top ranking in important search engines in a short period for the keyword ‘DRT Judgments’. We request our patrons to send us soft copies of useful and favourable judgments to borrowers and guarantors, if possible important content marked with red. We shall examine the same and if it is found useful to one and all, we shall publish the same.

Please give a wide publicity to the above web page among your colleagues, friends, entrepreneurs, borrowers, guarantors etc so that they also go through such important judgments and apprise the legal community including the advocates for presentation in court of law and DRTs. Such efforts will definitely improve not only the banks but the judiciary as a whole.  
 

(2) SC Useful Judgment – on Valuation, Sale, Auction & Disposal of Properties

 

Following is the extract from our web page vide link

http://www.drtsolutions.com/DRT-Judgments.htm

 

Comments by DRT Legal Solutions

 

The full text of the judgment is given on our web site vide link http://www.drtsolutions.com/SC-Property-Disposal.htm in the matter of 'Ram Kishun & Others vs State of UP & Others decided on 24.05.12. Important portions have been shown in Red. This is one of the most useful and important SC judgments on Valuation, Sale, Auction and Disposal of properties. The following extracts of the judgment are relevant:-

“8 Undoubtedly, public money should be recovered and recovery should be made expeditiously. But it does not mean that the Financial Institutions which are concerned only with the recovery of their loans, may be permitted to behave like property dealers and be permitted further to dispose off  the secured assets in any unreasonable or arbitrary manner in flagrant violation of statutory provisions.   

9. A right to hold property is a constitutional right as well as a human right. A person cannot be deprived of his property except in accordance with the provisions of statute. (Vide: Lachhman Dass v. Jagat Ram, (2007) 10 S.C.C. 448; and Narmada Bachao Andolan v. State of Madhya Pradesh, A.I.R. 2011 S.C. 1589).

Thus, the condition precedent for taking away someone's property or disposing off the secured assets, is that the authority must ensure compliance of the statutory provisions.”

“17. In view of the above, it is evident that there must be an application of mind by the authority concerned while approving/ accepting the report of the approved valuer and fixing the reserve price, as the failure to do so may cause substantial injury to the borrower/guarantor and that would amount to material irregularity and ultimately vitiate the subsequent proceedings.”

“19. Thus, in view of the above, it is evident that law requires a proper valuation report; its acceptance by the authority concerned by application of mind and then fIxing the reserve price accordingly ~"1d acceptance of the auction bid taking into consideration that there was no possibility of collusion of the bidders. The authority is duty bound to decide as to whether sale of part of the property would meet the outstanding demand. Valuation is a question of fact and valuation of the property is required to be determined fairly and reasonably.”

20. - - there must be a proper valuation report, which should be communicated to the judgment debtor and he should me his own valuation report and the sale should be conducted in accordance with law. After confirmation of sale, there should be issuance of sale certificate. Court cannot interfere unless it is found that some material irregularity in the conduct of sale has been committed. The Court further held that it should not be a forced sale. A valuer's report should be as good as the actual offer and the variation should be within limit. Such estimate should be done carefully. The Court further held that unless the Court is satisfied about the adequacy of the price the act of confirmation of the sale would not be a proper exercise of judicial discretion
 

(3) DRT Recovery Officer suspended– CBI Case – charged with undervaluing Properties before Auction

Former officer seeks discharge from case

http://www.thehindu.com/news/cities/Madurai/former-officer-seeks-discharge-from-case/article4508177.ece

CBI accused him of undervaluing properties before auctioning

S. Kasimayan, a former Recovery Officer of Debts Recovery Tribunal (DRT), has moved the Madras High Court Bench here to get himself discharged from a case registered by Central Bureau of Investigation (CBI) on charges of undervaluing a few immovable properties in collusion with a bank manager and auction purchasers.

According to the petitioner, he was appointed as Assistant Civilian Staff in the Ministry of Defence on March 16, 1998 through the Union Public Service Commission. He was posted at the DRT on deputation on May 30, 2007 and worked there until being repatriated to his parent department on August 27, 2010 due to the criminal case registered by the CBI.

Thereafter, he was suspended from service since August 24, 2011 as the CBI had filed a charge sheet against him before a Special Court for trying CBI cases here. The charges were under Sections 409 (criminal breach of trust by a public servant) and 420 (cheating) of the Indian Penal Code, apart from provisions of the Prevention of Corruption Act.

According to the prosecution, Mr. Kasimayan was entrusted with the responsibility of executing a recovery certificate issued by a DRT at Mumbai, with respect to loans borrowed from Chembur branch of Dhanalakshmi Bank in Mumbai, as some of the properties owned by the borrower were situated in Madurai.

The properties here were auctioned for Rs. 16.6 lakh on April 24, 2008. On March 30, 2009, the CBI registered the case against the petitioner and five others and accused them of conspiring together and adopting a 15-month-old valuation report for the purpose of setting upset price during the auction.

The alleged malpractice had caused a loss of Rs. 4.29 lakh to the owner of the properties.

In July 2011, Mr. Kasimayan approached the Special Court for discharging him from the case on the ground that his actions were covered under judicial immunity. However, the Special Court rejected the plea on November 2 last year and hence the present criminal revision petition.

In parallel, P. Rajesh Kannan of Usilampatti near here, the auction purchaser of the properties, also filed a case to set aside the criminal proceedings. Justice Aruna Jagadeesan has clubbed both the cases and posted them for h on March 13.

Keywords: S. Kasimayanformer DRT officerMadras High CourtMadurai BenchCBI case

(4) Has India failed because of its Judicial System?

 

Mr. Ajay Khemka, one of our clients from Bangalore has sent the following relevant news item:-

Has India failed because of its Judicial System?

http://www.ibtl.in/news/opinion/2063/has-india-failed-because-of-its-judicial-system/

The protests in Delhi about the brutal gang rape of a 23 year old girl are more than just a spontaneous outpouring of grief over the victim. The citizens of this country are seething with rage over a callous unresponsive government and judiciary.

They are no longer fooled by promises of action and statements such as “law will take its course” or setting up of toothless judicial commissions.

Let us consider some simple facts about the pathetic state of affairs

Justice Delayed is Justice Denied.
1. There is a backlog of 30 million cases in India. Even if no new cases are filed, it will take about 350 years to dispose of them all. If a common man gets cheated or assaulted or murdered his family will have to move heaven and earth to get justice which will ultimately be denied to them. This is true of cases where no high profile individuals are involved.

2. Judgements in high profile cases like the fodder scam have still not been received inspite of having a special court to deal with the issue.

3. The term of the current LokSabha is nearing an end but the electoral fraud case against the present Finance minister has just commenced. It will probably be a decade before all the appeals are finished.

4. Celebrities like Salman Khan have not appeared in court despite being summoned 82 times. Does the Judiciary not even view this as an insult? Anyone with a little knowledge can manipulate the system at will.

5. Not a single conviction of a single politician has come for the 1984 Sikh carnage.

6. The so called landmark verdict on black money where a SIT was ordered to be appointed was referred to a larger bench where it has lingered for over a year and a half. This raises serious questions about judicial independence in India.

7. An open and shut case like Kasab's will take 4 years to work its way through the system. Of course the prosecutor Ujjwal Nikam would claim that it is a great triumph, but if even this case had not ended we would have been the laughing stock of tinpot republics in Sub-Saharan Africa

Compare the above delays with cases in the US, such as the Rajat Gupta conviction, Enron scam and Bernard Madoff case. In all these cases the trial was finished in regular courts in 1-2 months.

Policeman-Prosecutor-Judiciary the lethal trio

8. India has the lowest citizen to police ratios in the world. The recommended average is a policeman for every 200 citizens. In India, the ratio is close to 700. If one takes into account those tied up for 'VIP security', the ratio will probably be close to to 1 policeman for every 1000 citizens.

9. Cops simply don't have the time to investigate any case as they will be called for securing routes for VIP convoys, attend to traffic holdups, escort under-trials to courts, do passport verifications etc.

10. Without training or forensic support all they can resort to is crude torture to elicit confessions and claim to have solved cases. Any confession made before a police officer is inadmissible as evidence. So this is an exercise in futility. This lack of admissible evidence is a major cause for pathetically poor conviction rates (around 15%) for rapes in India. Is it so hard to do a DNA test in this day and age? It is sheer callousness and criminal indifference on the part of the police.

11. Appointments to inspector, sub-inspector, constable etc are made after bribes running into several lakhs. These people are just interested in a return on their investment and not doing their job, so they deliberately destroy evidence, botch investigation, bully witnesses to prevent them from coming forward.

12. Even the rare instance of an upright officer, will be subject to threats and coercion. It is simply impossible for such an individual to function in such an environment.

13. The next stage is the public prosecutor who is a political appointee. Most of these are ignorant of the law and again susceptible to the same bribery and coercion from higher ups as the policeman.

14. The ignorance of the prosecutor is typically reflected in the size of the charge-sheet. Instead of being brief and to the point, charge-sheets are an example of verbal diarrhea in poor English. All that is required for conviction is 1 witness who will stand firm. Instead dozens of witnesses some of whom are probably unconnected with the case or can be influenced are cited and these will turn hostile during trial and undermine the credibility of the true witness. This is a reflection of the 'history exam mentality' where it is believed that pages and pages of junk is a substitute for facts.

15. The CBI is a classic example of political interference. As Mr. Joginder Singh (ex Director) has repeatedly stated, it can't even take a bathroom break without permission. The Bofors case is a classic example of how an open and shut case was deliberately sabotaged by the CBI which in fact went out of its way to ensure that Mr. Quatrochi was allowed to go scot free with his loot. We have all seen how the CBI deliberately waters down cases against the likes of Mulayam and Mayawati in return for their support to the government.

16. The final stage is the judges. Judges are appointed from a pool of lawyers, most of whom do not inspire any confidence. The hooliganism and booth capturing seen during bar council elections brings shame to the legal fraternity.

17. Once a bad judge is appointed he has to just sit tight and keep getting promoted. This is why the quality of judgments in lower and higher courts has consistently gone downhill. Mr. Arun Shourie's book on this subject is a must read for anyone.

18. Judgments instead of being to the point are often long essays in poor English. Some judgments are so bad that they either do not address the issue that is asked, or are self contradictory or are simply unimplementable. It is widely believed that reserving judgments is a way of demanding inducements.

19. There are many instances of rampant corruption in the lower and higher judiciary. Noted activist Prashanth Bhushan has even said publicly that 8 of the last 16 chief justices were definitely corrupt. The silence of the judiciary on this allegation is deafening. Are they afraid to take on Mr. Bhushan? The icing on the cake seems to be the rumor going around that a certain female lawyer traded sexual favors to a spokesman of a political party to get appointed as a judge.

20. Lack of reform in the administrative mechanism causes case details to be physically transported from lower to higher courts for appeals. There is a crying need for electronic transfer, tracking and monitoring of petitions. So a case relating to a property or murder in Nagalalnd will physically move through 4 or 5 appeals courts, finally making its way to the Supreme Court. At every stage the evidence will be either lost or manipulated.

When a system is in such shambles no-one without the tenacity and perseverance of Dr Subramanian Swamy can fight cases. Imagine how effective India's one man army for justice would be in a system that actually worked.

Law will take its own course. I have complete faith in the law.

Have we not heard the above line parroted by every politician accused of graft, rape or murder? What they really mean is that they are absolutely confident that they will be able to get away.

In such a situation, what is an ordinary citizen expected to do? Is he expected to run after justice endlessly while the other party 'manages' the system, or should he take matters into his own hands and then 'manage' the system? This is a question that every citizen of this country needs to ponder about. Unless all the above flaws are rectified vigilantism and mob justice will become the norm. After all when the system has failed, it is but natural that people set right the injustices done to them as they have no-one to turn to.

What is the solution?
01. Throw out the present CrPC and CPC into the dustbin. Replace it with the American model to ensure speedy trials. Cases stretching for decades are UNACCEPTABLE. I have no faith in your judiciary. ALL trials must end in 3 months. Not just rape trials.

02. Train cops in investigative techniques and evidence collection.

03. Set-up well equipped forensic labs with well trained personnel.

04. Have a training institute for cops, prosecutors and judges and increase the number of courts, judges and cops. India has the lowest fraction of cops and judges for its population.

05. Have a transparent system to investigate corruption in the judiciary.

06. Expose corrupt judges and cops. Have the harshest penalties for those who betray public trust.

07. Setup an independent ombudsman to investigate judicial and police corruption and ensure independence of the CBI.

08. Judges must be barred from holding public office or heading commissions such as the NHRC after retirement. This is a form of inducement to the judiciary. Even the Pakistani Supreme Court has more independence and courage to confront the executive and legislature compared to the Indian Supreme Court.

09. Implement police reforms to free cops from political patronage and corruption.

10. Judges who release rape accused on bail must have a permanent black mark against their career and lose all chance of promotion if the accused repeats the offence or threatens a witness while on bail.

11. For extremely brutal rape cases, a public physical castration and beheading is necessary to serve as a deterrent.

12. Judgments should be brief and to the point. The operational part of the judgment should be confined to 1 or 2 pages. And a 1or 2 page explanation for the same may be provided. Judges need not pretend to be literary masters and waste their and the litigants time.

13. There needs to be a foolproof electronic way of transferring case related documents from lower to higher courts to save time, money and the prevent the possibility of destruction of evidence.

Either all these reforms can be done, or people will do what is necessary and 'manage' the system later. This is what true reform is all about Mr. PM (where you fix the corrupt and broken legal system). Tinkering with percentages for FDI in retail in exchange for suitcases of goodies is not reform.

Author : manekshaws | Follow the writer on 
twitter/manekshaws

(5) ICE (In Case of Emergency) Campaign

 

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

Something important for a change !!!!

Isn't it true that we all carry our mobile phones with hundreds of names/numbers stored in its memory but yet nobody, other than ourselves, know  which of these numbers belong to our near and dear ones?

Let us for a moment create a scenario wherein (God forbid) We are involved in an accident or had a heart attack and the people attending to us get hold of our mobile phone but don't know which number to call to inform our family members.

 

Yes, there are hundreds of numbers stored but which one is the contact person in case of an emergency?

 

For this reason, we must have one or more telephone numbers stored Under the name ICE (In case of Emergency) in our mobile phones.

Read below for more details..... .


" ICE" Campaign


Recently, the? concept of 
"ICE" is catching up quickly. It is simple, an important method of contact during emergency situations.

As cell phones are carried by majority of the population, all you need to do is store the number of a contact person or person who should be contacted at during emergency as "ICE"(meaning In Case of Emergency ).

The idea was thought up by a paramedic who found that when they went to the scenes of accidents, there were always mobile phones with patients, but they didn't know which number to call.

 

He therefore thought that it would be a good idea if there was a nationally recognized name for this purpose. Following a disaster in London , the East Anglican Ambulance Service has launched a national "In case of Emergency (ICE)" campaign .

In an emergency situation, Emergency Service personnel and hospital staff would then be able to quickly contact your next of kin, by simply dialing the number stored as "ICE" .

 

Please forward this. It won't take too many "forwards" before every body will know about this.


It really could save your life, or put a loved one's mind at rest.

For more than one contact name simply enter ICE1 , ICE2 andICE3 etc.

A great idea that will make a difference!

Let's spread the concept of ICE by storing an ICE number in our mobile phones today!

 

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DRT Solutions Weekly Mail – 253rd Issue dated 15th March ‘13

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

 

(1) DRT Important Judgment - Notice u/s 13(4) is Must before initiating Action u/s 14 - Karnataka H.C. - K.R. Krishnegowda vs Authorised Officer, 2013(1) Bankers' Journal 382 –

 

Following is the extract from our web page vide link

http://www.drtsolutions.com/DRT-Judgments.htm 

(a)   Full text of the this very useful DRT judgment for the borrowers has been given on our web site vide linkhttp://www.drtsolutions.com/13(4)-14-Magistrate.htm Important portions of the judgment have been marked in Red. 

(b)   It is observed that in many cases, after issue of notice under section 13(2) and just after getting the Objection and Representation from the borrowers, the banks are approaching the Magistrate without any notice to the borrower. The Magistrate issues the order for possession and at the last moment, the possession is taken all of a sudden. As per this judgment, the notice u/s 13(4) as well as paper publication is mandatory. Hence it is one of the important judgment helpful to the borrowers. 

(c)   In this connection it is relevant to submit that past several years we have been cautioning our clients to be in touch with the office of the Magistrate as well as to file caveat. This judgment has validated our approach.

 

(2) DRTs and DRATs to Introduce e-Governance

 

The following news items are self explanatory 

 

DRTs and DRATs to introduce e-governance initiatives


http://www.ciol.com/ciol/news/185210/drts-drats-introduce-governance-initiatives

 

The DRTs/DRATs has planned to implement information technology to automate the processes/procedures. As of now, the agency for the implementation of the project is yet to be decided

News | by CIOL Bureau

 

BANGALORE, INDIA: A proposal has been initiated to introduce e-governance in Debt Recovery Tribunals (DRTs) and Debt Recovery Appellate Tribunals (DRATs).

This proposal has been made to ensure smooth functioning of the DRTs and DRATs and to provide a platform for seamless operations to Banks, Financial Institutions and general public to expedite recovery of public money.

The DRTs/DRATs has planned to implement information technology to automate the processes/procedures. As of now, the agency for the implementation of the project is yet to be decided, as per a written reply by Namo Narain Meena, MoS, Ministry of Finance, to a question in the Lok Sabha.

As a part of this initiative, the DRT officials will be provided with technology enablers that would help them deliver best possible services efficiently and to provide hassle free administrative services.

Some of the other objectives for the e-DRT engagement include the facilitation of hassle free administrative services for the applicants and defendants, making timely and accurate reports easily accessible, efficient management of case records.

After the e-DRT implementation, banks and financial institutions will be able to track their case related information. The Recovery officers will be supported by latest tools and technology to speedily enforce the orders.

 

E-Governance in Debts Recovery Tribunals 

 

http://www.pib.nic.in/newsite/erelease.aspx?relid=93332

 

In order to enhance the efficiency of Debt Recovery Tribunals (DRTs) and Debt Recovery Appellate Tribunals (DRATs) and to provide a platform for seamless operations to Banks, Financial Institutions and general public to expedite recovery of public money, there is a proposal for introduction of e-governance in DRTs. The key objectives envisaged for the e-DRT engagement are as follows: 



i) To implement information technology to automate the processes/procedures in DRTs/DRATs. 

ii) To empower DRT officials by providing technology enablers to help them deliver best possible services efficiently and to provide hassle free administrative services. 

iii) To facilitate applicants and defendants to get hassle free administrative services. 

iv) To have access to timely and accurate reports

v) To efficiently manage case records. 

vi) To enable banks and financial institutions to easily track their case related information. 

vii) To support Recovery Officers with state of the art tools and technology to speedily enforce the orders. 

No final decision has been taken relating to the agency for implementation of the project. 

This was stated by the Minister of State for Finance, Shri Namo Narain Meena in a written reply to a question in the Lok Sabha today. 

 

Our  Comments

 

The borrowers and their advocates must adopt and use most modern technology in DRTs and DRATs. This will help a lot when e-governance is introduced in these courts. We are abreast with all the aspects of such technology and have already been covering relevant factors. It is needless to mention that we had developed the technology of ‘Video Arguments’ as early as 2007, demonstrated before DJ Indore in 2007, covered the same in DRT Conference in 2008, sent proposal to the Supreme Court in 2009 etc.


 

(3) Beware loan defaulters! Banks to publish photos in newspapers

 

Mr. N.K. Sharma, ex-GM(Law) and our Associate has sent the following news item:-

http://economictimes.indiatimes.com/news/news-by-industry/banking/finance/banking/beware-loan-defaulters-banks-to-publish-photos-in-newspapers/articleshow/18891218.cms?intenttarget=no

 10 MAR, 2013, 02.38PM IST, PTI 

Beware loan defaulters! Banks to publish photos in newspapers

Some banks have also decided to prominently display the photographs and other details of the wilful loan defaulters at branches in the locality of such borrowers, a senior executive with a leading bank said. 

Taking the lead, State Bank of India has begun publishing photographs and other particulars of such defaulters and has published one such public notice in newspapers for five defaulters in the national capital. 

These persons had taken export credit loans of Rs three lakh each and their outstanding amounts were in the range of Rs 2.6 lakh to Rs 2.93 lakh. 

Executives at many other banks said that they would also publish the photographs and other details of their wilful defaulters in local newspapers circulated in areas of residence of such persons. 

As per RBI's regulations, wilful defaulters are mostly those who are found to be engaged in deliberate non-payment of dues despite adequate cash flow and good networth. 

Besides, banks can also classify defaulters as 'wilful' if the loans are utilised for purposes other than those previously stated, funds are siphoned off from the bank-financed activity, records are falsified, securities are disposed of without bank's knowledge and the borrower indulges in fraudulent transactions. 

RBI has already put in place a system to disseminate credit information pertaining to wilful defaulters for cautioning banks and financial institutions, so that any further bank finance is not made available to such borrowers. 

Now, banks have decided to make public the photographs and other details of wilful loan defaulters through newspaper notices, so that such borrowers clear their dues. Besides, banks also expect such notices to act as a deterrent for others against any loan defaults. 

In one such notice, SBI said that names and photographs of the guarantors of those defaulters would be published in newspapers if these borrowers do not clear their dues within 15 days of the publication of notice. 

The bank also warned other defaulters that "their photograph may be the next to be published after completion of necessary formalities, if the dues are not cleared immediately". 

RBI has also asked Credit Information Bureau India Ltd (CIBIL) to publish a list of wilful defaulters involving defaults of Rs 25 lakh and above.


 

The above will be possible only when the banks have acted legally without any violation of law otherwise they will be held responsible for defamation, civil as well as criminal.


 

(4) Are We going to Learn?

 

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

Are we going to learn?

Plz Read this beautiful Information about Japan. This is how nations are built: 

1 - Do you know that Japanese children clean their schools every day for a
quarter of an hour with teachers, which... led to the emergence of a
Japanese generation who is modest and keen on cleanliness.

2 - Do you know that any Japanese citizen who has a dog must carry bag and
special bags to pick up dog droppings. Hygiene and their eagerness to address cleanliness is part of Japanese ethics.

3 - Do you know that hygiene worker in Japan is called "health engineer" and can command salary of USD 5000 to 8000 per month, and a cleaner is subjected to written and oral tests!!

4 - Do you know that Japan does not have any natural resources, and is exposed to many earthquakes in a year, but these things do not prevent her from becoming the second largest economy in the world?

5 - Do you know that Hiroshima returned to what it was economically vibrant
before the fall of the atomic bomb in just ten years?

6 - Do you know that Japan prevents the use of mobile in trains & restaurants.

7 - Do you know that in Japan students from the first to sixth primary year
must learn ethics in dealing with people.

8 - Do you know that the Japanese even though one of the richest people in
the world, do not keep servants. The parents are responsible for the house and children.

9 - Do you know that there is no examination from the first to the third
primary level; because the goal of education is to instill concepts and
character building, not just examination and indoctrination.

10 - Do you know that if you go to a buffet restaurant in Japan you will
notice people only eat as much as they need without any waste. No wasteful
food.

11 - Do you know that the rate of delayed trains in Japan is about 7
seconds per year!! They appreciate the value of time, are very punctual to
minutes and seconds.

12 -. Do you know that children, brush their teeth after every meal at school; They maintain their health from an early age.

13 - Do you know that the students take half an hour to finish their meals to
ensure right digestion When asked about this concern, they said: These
students are the future of Japan.

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DRT Solutions Weekly Mail – 252nd Issue dated 8th March ‘13

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


 

 

(1) DRT Judgments Favourable to Borrowers and Guarantors – Now Full text of such Judgments will be provided on our Web Site with Important Portions marked in Red  


 

Following is the extract from our web page vide link  DRT Judgments Favourable / Useful to Borrowers

We have been providing citations and extracts of judgments favourable / useful to Borrowers and Guarantors. Subsequently several borrowers approached us to provide the full text of the said judgments. Hence we have now decided to provide full texts of such judgments on our web site itself. Since the advocates are quite busy in their routine work, we shall mark the important portion of such judgments in Red. Thus with passage of time, a library of important judgments with full text in soft copies and important portions marked in Red will be built up on the internet at our web site. The borrowers should go through such judgments periodically and apprise their advocates. It is needless to mention that such valuable information is free of cost in the best interests of borrowers and guarantors. You may therefore spread the word among the litigant borrowers, guarantors and their advocates to visit the above link periodically. If one finds such judgments, he may mail the full text of such judgment for publication on our web site
 

(2) Condonation of Delay – Important Judgment of Bombay High Court


 

Following is the extract from our web page vide link DRT Judgments Favourable / Useful to Borrowers 

We have been opining past several years that the Law of Limitation in respect of condonation of delay is also applicable in DRTs though there have been several contradictory judgments of various High Courts.

Finally the Bombay High Court vide citation [2013 (1) DRTC 162  (Bom)] in the matter of Manilal Govindji Khona vs Indian Bank has passed an important judgment on 29.08.12. Full text of the judgment may be seen by clicking the link http://www.drtsolutions.com/condonation_delay.htm

 

(3) Tablet Use – Precautions for Health Impacts


 

We are now making greater use of tablets in our day to day life. This new gadget requires lot of precautions from health point of view. The following study will be quite useful. It is interesting to note that I mostly use the tablet for reading and study while standing and walking to avoid sitting. Such application is not covered by the following study but however one can derive the precautions.

 

Study: Tablet Use Causes Significant Head and Neck Flexion


March 1, 2013 

By Gene Kay, MS CEA

This article is reprinted with permission from The Ergonomics Report™ Archives, where it originally appeared on February 22, 2012.

A recent study by the Harvard School of Public Health and Microsoft Corporation looked at the head and neck postures typical of tablet computer users. Tablet computers with touch screen displays such as the iPad are becoming increasingly common with Apple selling some 45 million iPads in 2011 --taking approximately 15% of the total PC market. Tablet computers are expected to continue growing in popularity with projections for them to grow to 300 million units per year and taking 60% of the total PC market by 2015, therefore understanding the ergonomics associated with these portable computers is a concern for ergonomists.

Back to the future:

Because the input and display are integrated into one unit, the postures and biomechanics of touch screen computers are closer to working with pen and paper than with a desktop computer. The desktop computer, and even the laptop computer, provide separate input and output interfaces (keyboard separate from display).  Having separate keyboard, mouse and display generally allows a more upright posture of the head and neck as compared to tablet computer use.  The human-computer-interaction for touch screen tablet computers is different than for the traditional desktop computer.

The authors of this study note: “posture guidelines for traditional computing have been addressed by ergonomics and MSD standards such as the ISO-9241, ANSI/HFES 100, DSE Regulations and others.  However the newer technology devices have not been adequately represented in these standards.  Therefore this study is an important step in identifying and quantifying the postural demands of tablet computer use.”


This Study:


Because computer work has been and continues to be associated with discomfort and pain in the neck and shoulders. Many studies have investigated how display/ monitor positioning affects neck and shoulder posture and muscle activity.  Higher displays lead to decreased head and neck flexion that approaches neutral postures; lower gaze angles lead to increased neck extensor muscle activity. Excessive head flexion leads to large muscle loads and strains. Therefore, it is generally hypothesized that very low monitors may increase the risk of neck and shoulder discomfort or MSDs.
 
This research aims to study the head and neck postures for various user configurations commonly observed during typical tablet computer use and how neck and head posture varies with different tablets and their case designs with different tilt angle settings.

Methods:

Subjects: 15 tablet computer users were fitted with 3-dimensional kinematic instruments that accurately measured various head, neck, and visual parameters while the subjects performed a series of computing, gaming, and media tasks.  All of the test subjects were adults experienced in the use of tablet computers. 

Test Conditions: All of the tablet tasks were performed while seated in a lounge-style chair with no armrests and a reclined back angle.  The seat height was 44 cm/ 17” high, and subjects also had an ottoman-style footrest (40 cm/ 15” high) that could be used if desired. The third piece of furniture was a small table to be used for the media-viewing task.


Tablet Computers:


Two media tablet computers were used; an Apple iPad2 and a Motorola Xoom (Both were similar in size, with the iPad measuring 241 X 185 X 9 mm/ 9.5 X 7.25 X .35 inch and mass of 601 g/ 1.3 lbs. and the Xoom being slightly smaller and heavier).


Each device was tested in the landscape orientation.


Each table utilized a proprietary case that could be fitted to the device and adjusted to prop up or tilt the tablet computer.  The Apple case allowed for tilt angles of 15 and 73 degrees. The Motorola case allows for tilt angles of 45 and 63 degrees.


Test Conditions:
Four user conditions were analyzed. These included

Configuration

Location of tablet

Tablet support/ basis of tilt

Software task performed

Lap-Hand

Subject's lap

One or both hands/ self-selected tilt

Internet browsing, reading, game playing

Lap-Case

Subject's lap

Case/ lower case tilt setting

Internet browsing, reading. Email reading & responding.

Table-Case

Table surface

Case/ lower case tilt setting

Internet browsing, reading. Email reading & responding.

Table-Case

Table surface

Case/ upper case tilt setting

Movie watching.

Biomechanical Outcomes:

The researchers measured various head and neck postures including:

bullet

Head & neck flexion (forward bending from vertical)

bullet

Crania-cervical angle (angle ABC where; A. C7 Vertebra, B. Ear Canal, and C. Corner of Eye)

bullet

Visual Gaze Angle (angle from horizon to eye to center of tablet screen)

Results and Conclusions (from the study):

  1. The use of tablet computers is associated with high head and neck flexion postures, especially compared to the postures observed in typical desktop or even laptop computer scenarios.
  2. Overall, for both tablets, Head and neck flexion was quite large and 15 - 25 degrees beyond "neutral" head and neck posture when working with the tablet in the lap and when hand-held.
  3. The postures observed are affected by the type of case used to support the device, as well as the location of the device (e.g. lap vs table).  For example, the iPad case had a lower tilt and resulted in more neck and head flexion as compared to the Xoom case.
  4. The results suggest that head and neck posture can be improved  through case designs that allow for optimal viewing angles and by elevating the device and avoiding lap-level locations.

What this means for the ergonomics practitioner:

When providing ergonomic advice for tablet computer users we need to consider how the device is used, we need to consider the "work" environment, and we need to take a systems approach to ensure that we don't optimize for one function and cause problems in another area.

Tablet computers can be used to consume content such as when reading or viewing a video, and they can be used to create content such as when inputting text or other media. Consuming and creating each place different demands on the user and may require different placement configurations depending on the duration, frequency, and importance of the task.

If the device is used primarily to consume media such as viewing video or reading web pages, then we want to optimize position for viewing. This means: 

bullet

Place the device higher than the lap (raise it up with a pillow, book or other object)

bullet

Tilt the screen toward the eyes

bullet

Place the device at an appropriate viewing distance to avoid forward bending.

bullet

If the device must be hand-held, consider an armrest or pillow under the arm to prevent arm and shoulder fatigue.

If the device is primarily being used to create or input content, then we need to balance the positioning to accommodate the visual system and the hand/wrist/ arm.  

bullet

Placing the device flat on the desk is great for the hand/ arm but will result in neck flexion. 

bullet

Tilting the device up can help reach a balance between the two systems. However, placing the device up on a sharp angle may result in wrist extension and strain.  In this instance we need to think of the tablet more as a writing pad, and consider the benefits of positioning the device on a gentle up slope much like the artist or engineer did when using a drafting table. 

bullet

For intensive inputting (keying), consider using an external keyboard that links with Bluetooth connections.

 Reference

Justin Young, Matthieu Trudeau, Dan Odell, KIm Marinelli, and Jack Dennerlein, "Touch-screen tablet user configurations and case-supported tilt affect head and neck flexion angles," Work: A Journal of Prevention, Assessment and Rehabilitation, Volume 41, Number 1, 2012.

At the time this review was written the article was available free of charge from:

http://iospress.metapress.com/content/x668002xv6211041/?p=050150d6183f493fb44901789996e5b2&pi=0

About the reviewer: Gene Kay MS, CEA is a work physiologist and a BCPE Certified Ergonomics Associate. He is a former Global Ergonomics Manager, a former Rehab Services Manager, the Past President of the Upper Midwest HFES, and is the owner and developer of the ErgoAdvocate on-line training program.

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DRT Solutions Weekly Mail – 251st Issue dated 1st March ‘13

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


 

(1) Video Recording of Proceedings – Supreme Court to Examine


 

Following is the extract from our web page vide link

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


 

Mr. N.K. Sharma, ex-GM (Law) and our Associate has sent the following important news item:

 

SUPREME COURT TO EXAMINE PROPOSAL FOR VIDEO RECORDING OF PROCEEDINGS

 

http://www.linkedin.com/groups/SUPREME-COURT-EXAMINE-PROPOSAL-VIDEO-4396573.S.215801125?view=&srchtype=discussedNews&gid=4396573&item=215801125&type=member&trk=eml-anet_dig-b_nd-pst_ttle-hdp&ut=2OnNZK5w5KiRE1 

 

The Supreme Court has agreed to examine a proposal for video-recording court proceedings to ensure transparency as well as cut down delays in disposal of cases. It was submitted before a Bench, headed by Justice D.K. Jain, by counsel Indira Unninayar, appearing for the Janhit Manch along with counsel Prashant Bhushan. At present court proceedings are largely not recorded, and if recorded, are summarized by way of orders by the presiding officers/judges. In 2008, the Janhit Manch, Common Cause, Ravi Goenka, a chartered accountant and the Lok Sewak Sangathan filed a writ petition highlighting systemic delays in the judiciary: lack of proper management, inadequate judge strength and infrastructure, including a very limited budget allocation of 0.2 percent even though justice is guaranteed under Article 21 of the Constitution. Besides the Union of India, all the States and Union territories are listed as respondents. Though the case was listed several times, it was only last week that the Bench asked the petitioners to submit a proposal as to the practice prevalent in other countries. In these submissions, the petitioners said: "Through videography, which is cheap (Rs. 100 per litigant), the opacity in the system and delays will reduce considerably… With a tiny mechanical device, you will have records of proceedings, something taken for granted in many countries but absent from ours." The purpose "is to ensure that there are proper and accurate court records so that the lis/ dispute is properly addressed. Also the conduct of various stakeholders, including, that of persons seeking and obtaining adjournments, for the asking, is recorded. Perjury and contempt that are routine will get addressed. And there will be increased confidence in the system." The petitioners pointed out that video-recording was being done in Australia and New Zealand. In the U.S., there was a proposal to video-record court proceedings, and a three-year pilot project, in which 14 federal trial courts volunteered to participate, was under way. In the U.K., the Supreme Court's proceedings were being televised. Audio recordings/transcripts of proceedings were available, subject to permission. The petitioners said introduction of video-recording would be a big step towards transparency, equality and realization of quick justice. The case will come up for hearing in February 2013.

 

Our Comments

(a)   In this connection it is worth mentioning that we have developed the process of Video Arguments which was demonstrated before the District Judge, Indore as early as 2007, presented in the Conference at Chennai in 2007, discussed in All India DRT Conference held in indore in 2008, proposal sent to the Supreme Court in 2008, and was also presented before the All India CAs conference held at Indore in 2009 etc.

(b)   It is relevant to note that all oral arguments are recorded in US courts since 1935 and even after 75 years we are still talking about it.

(c)   There are 73 countries whose Judicial systems are better that us. That is why we have been emphasizing that the litigant borrowers will have to make special efforts to secure justice by being alert and vigilant at every moment of trial which just can not be left to the Govt and the legal community i.e. Govt, Ministry of Law, Advocates, Judges, Bar Council, and Law Colleges which appear to have no committed desire to improve as may be seen from more than 3 crore pending cases in civil courts as well as open violations committed by Ministry of Finance in not transferring the control of DRTs despite 15 years old verdict of the Supreme Court.

 

(2) Debt Recovery – A Point of View


 

Following is the extract from our web page vide link

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


 

The following news article presents another  perspective:-

M J Antony: The long road to debt recovery

Both lenders and borrowers use legal armoury to serve their interests

http://www.business-standard.com/article/opinion/m-j-antony-the-long-road-to-debt-recovery-113022600599_1.html

 

In a detailed judgment last month, the Supreme Court (SC) lamented the plight of debt recovery tribunals (DRT) that are set up in almost every sector, and then left to fend for themselves. The government does not release funds, and the tribunals are in a state of suspended animation without enough members, staff or buildings. In a triumph of hope over experience, the SC set forth a series of measures for the government to make these bodies functional (Union of India vs DRT Bar Association).

Last week, the SC came across a 12-year-old litigation, described as a "classic case" of debt recovery. The judgment said it showed "how the parties can protract proceedings in fiscal matters. Parties as well as the system have contributed to the delay. At every state of the proceedings, there was delay" (T P Vishnu Kumar vs Canara Bank).

In 2002, the bank moved DRT, Coimbatore, for the recovery of debt from a firm. The debtors asked the bank to produce extracts of accounts and transactions relating to banking transactions. The bank opposed the request, arguing that it was not germane to the dispute. The tribunal rejected the demand for documents observing that it was meant to delay the proceedings. Already five years had gone by. The borrowers moved the Madras High Court. One bench found the request of the borrowers reasonable. On appeal, a division bench found the other bench wrong. Three more years had rolled by. The appeal in the Supreme Court took another three years.

It was not curtains for the litigation, however. The judgment said: "The case stands at the stage at which it was filed, not an inch forward." Now, Canara Bank does not have to produce the documents. But the main issues will have to be argued from page one.

Tracing the history of debt recovery laws, the Supreme Court recalled that DRTs were created by the Recovery of Debts due to Banks and Financial Institutions Act in 1993. Civil courts were found unable to handle the millions of cases coming up before them. At the time of setting up the tribunals, there were more than 1.5 million cases filed by public sector banks and 304 moved by financial institutions. They involved Rs 5,622 crore then. Non-performing assets have doubled from 2009 to 2012. Ingenuity of borrowers and their lawyers also kept pace.

Courts have contributed their share to the chaos. In the Canara Bank case, the high court interfered with the tribunal's order rejecting the demand of the borrowers for a series of documents from the bank. The high court has no power to do so. The Supreme Court chastised the high court for interfering with the interim order of DRT. If the high court interferes in every interim order of DRT, the purpose of establishing such tribunals will be lost. "Owing to the intervention of the writ court, the matter got delayed for four years, defeating the very purpose and object of the Act," the judgment said.

The Debt Recovery Act empowers banks and financial institutions to move the tribunal in the interest of speedy proceedings. However, the borrower can raise disputes over their claims in a civil court. Whether the civil case can be transferred to the tribunal or not is a question on which the Supreme Court has given two contrary judgments three years ago. Thus, the issue can be further complicated by borrowers.

When the Act was found inadequate to meet the ingenuity of borrowers, Parliament passed the Securitisation and Reconstruction of Financial Assets and Security Interest Act in 2002. The provisions are so harsh that financial institutions can play Shylock. In a recent judgment (Palpap Software International vs Indian Bank), the Madras High Court described the case before it as "a classic example of misuse of the provisions of the Act by the secured creditor". The auction of the mortgaged property was reduced to a "mockery".

The judgment said: "The bank is expected to conduct the procedure in a bona fide manner. The attempt of the bank should be to auction property for the maximum amount and adjust it towards the dues, and refund the excess to the borrower."

Cases involving debt recovery are flooding the courts, despite the new laws. Often such litigation is intertwined with other legislation like the Sick Industries Act, which has been found to be amenable to gross misuse, the Negotiable Instruments Act dealing with bounced cheques and liquidation proceedings. These laws are used more as battering rams against each other than for settling disputes. The whole thing can be made into a knotty bundle by lenders and borrowers, which the hierarchy of courts would take years to unscramble. In their minds, the judges might be repeating Shakespeare's line, "Neither a borrower nor a lender be."

(3) Calming the Mind   


 

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:- 

 

Don't give your mind permission to get disturbed. 

A disturbed mind is easily influenced. 

This will cost you your peace. 
 

Learn to maintain your peace by freeing yourself 

from attachments. 

Competing or comparing yourself with others 

will not allow you to focus inwards. 
 

An inner focus allows you to keep your eye on your higher self. 

Remember your original nature. 

It allows you to forge a link with the Divine. 
 

Then it becomes easy to recognize useless thoughts and 

replace them with a spiritual perspective. 

A calm mind is not just peaceful, 

it is focused, self-directing and Divine.

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(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. 

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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.

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