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 

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 DRT Solutions Weekly Mail - 261st to 270th Issues

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DRT Solutions Weekly Mail – 270th Issue dated 12th July  ’13

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

(1) To Recover Bad Loans, Banks will now shame the Guarantors too  

The following news published in ‘The Indian Express’ is reproduced below with our comments:-

To recover bad loans, banks will now shame the guarantors too

George Mathew : Mumbai, Wed Jul 10 2013, 08:53 hrs

http://www.indianexpress.com/news/to-recover-bad-loans-banks-will-now-shame-the-guarantors-too/1139922/

With bad loans or non-performing assets (NPAs) rising sharply, banks have hit upon a new strategy to force borrowers to pay their dues — besides publishing photographs of defaulters in newspapers, they have also decided to put alongside pictures of those who stood guarantee for those loans

Public sector banks have been publishing photographs with names and addresses of willful loan defaulters in newspapers and on notice boards of their branches.

These banks have now decided to give the same treatment to the guarantors of borrowers and initiate recovery measures against them for loans that have gone sour. The move comes on the heels of 39 listed banks reporting a 36 per cent rise in gross NPAs to Rs 1,79,431 crore as on March 31, 2013.

On Tuesday, Allahabad Bank became the first of the banks to take this unusual step.

It published the names of three guarantors — Sanjay Jain, Rajiv Jain and Surya Vinayak Hospitality Pvt Ltd — who acted as guarantors of Surya Vinayak Industries for a loan of Rs 314 crore. The bank has put on auction three properties of the guarantors. The properties, one in Haryana and two in Mumbai, carry a reserve price of Rs 64.83 crore.

"We feel this is an effective measure to recover the bank's money. Guarantors are also equally responsible for loan repayment. We have to take recourse to this method to bring down delinquency levels," said S A Panse, chairperson and managing director of Allahabad Bank.

A Supreme Court order earlier this year specified that if a borrower defaulted on repayment to a bank, the guarantor was responsible for making good the entire loan. banks say there is no minimum loan limit below which they cannot go to enforce the new name-and-shame rule.

Banks are enthusiastic about this new method as recoveries have already shot up with the publication of pictures of just the defaulters.

UCO Bank chairman and managing director Arun Kaul said the bank has been successfully recovering money from willful defaulters. "We will intensify the recovery methods through this measure," he said.

Panse of Allahabad Bank said her bank recovered Rs 900 crore in the December quarter. "For the full year ended March 2013, the recovery was Rs 2,300 crore," she added. The bank has, however, not kept a record of what percentage of the recovery came from the advertisement campaigns.

A senior State Bank of India official said they too have adopted this route. "Our bank has been publishing photographs of defaulters region-wise. We have found it very effective. Nobody wants to see his/ her photo appearing in newspapers in this manner," the official said.

He said the bank initially warns guarantors and borrowers that their photographs and other details would be published in newspapers if the borrowers do not clear their dues within 15 days of the notice.

The total amount stuck in deliberate defaults by borrowers has shot up to Rs 24,283 crore as on June 30, 2012 as against Rs 15,324 crore in March 2011, according to figures available with the Credit Information Bureau (India) Ltd. This is over 13 per cent of total NPAs.

Our Comments

(a)   The notice received from the bank should be replied highlighting the wrong doings committed by the bank. The loss and damages due to the said wrong doings must be mentioned. In most of the cases, we have found that the said loss and damages are much more than the claim of the bank resulting into ‘No Debt Due’ Under such facts and circumstances, no recovery can be effected from the borrower and or guarantor till the ‘No Debt Due’ is decided by court of law. Copy of all communications must be endorsed to the Chairman of the bank.

(b)   The bank must be told that despite above, if they proceed with the publication of photos, it will amount to defamation for which civil and criminal actions will be taken against the bank, bank officials including the Chairman of the bank.

(c)   If felt necessary, suitable injunction suits be filed.

(d)   When some of our clients took the above actions, the bank did not proceed with the publication of the photos.

(2) Multiple SAs – Mindless Recovery Actions Recoil on Banks and DRTs  

On account of steep rise in NPAs, the banks have become panicky and are initiating all possible actions for quick recoveries. Some of their such actions and consequences are as under:-

(a)   Earlier the banks used to file OAs. When they found that the DRTs are taking time, they started concentrating on invoking Securitisation Act.

(b)   When the borrowers started including the loss and damages in the SAs, the banks again started filing OAs after initiating actions under the Securitisation Act. The borrowers then started filing the ‘Applications for dismissal of the OAs’ The Patna High Court decision supporting such dismissal of the OAs has dampened the spirit of the banks.

(c)   The banks have now started holding meetings with the DRT Judges to emphasize quickest possible recoveries. Such meetings are highly against the principles of natural justice.

(d)   The borrowers with resources have started filing separate SAs on  each cause of actions. The guarantors are also filing separate SAs. There may be conflicting orders resulting into complications to arrive at a suitable decision. Further there may be multiple Reviews and Appeals.

(e)   The DRT cases involve complex and complicated facts relating to banking, industry and finance. Perfect pleadings combined with competent advocacy will definitely need lot of court time, attention and knowledge. On account of such complications only the Industrial Tribunals were wound up. The BIFR failed. NCLTs could not be launched so far. Matters relating to co-operative banks continues to be pending in the Supreme Court.

(f)    All the above is resulting into huge workload and pendency for the DRTs. The rate of disposal will be less than the rate of incoming cases. The counter-claims against the banks are going up. All this is similar to the civil courts where the pendency is now more than 3 crore cases about which once Justice Rao of Andhra Pradesh High Court said that it would take 320 years to clear the pendency.

(g)   The correct remedy lies in helping the borrowers to achieve surplus generation instead of mindless recovery actions. Will prudent top management of the banks dare to go by fundamentals?

(3) A Simple Pineapple – Must Read

 

Mr  Firoz Poonawalla has sent the following useful information:-

A Simple Pineapple - MUST Read

=========================  

The pineapple is a member of the bromeliad family. It is extremely rare that bromeliads produce edible fruit. The pineapple is the only available edible bromeliad today.

It is a multiple fruit. One pineapple is actually made up of dozens of individual floweret's that grow together to form the entire fruit. Each scale on a pineapple is evidence of a separate flower.

Pineapples stop ripening the minute they are picked. No special way of storing them will help ripen them further. Colour is relatively unimportant in determining ripeness.
Choose your pineapple by smell. If it smells fresh, tropical and sweet, it will be a good fruit.

The more scales on the pineapple, the sweeter and juicier the taste. After you cut off the top, you can plant it. It should grow much like a sweet potato will.

This delicious fruit is not only sweet and tropical; it also offers many benefits to our health. Pineapple is a remarkable fruit.

We find it enjoyable because of its lush, sweet and exotic flavor, but it may also be one of the most healthful foods available today. If we take a more detailed look at it, we will find that pineapple is valuable for easing indigestion, arthritis or sinusitis.

The juice has an anthelmintic effect; it helps get rid of intestinal worms.
Let's look at how pineapple affects other conditions.

Pineapple is high in manganese, a mineral that is critical to development of strong bones and connective tissue. A cup of fresh pineapple will give you nearly 75% of the recommended daily amount. It is particularly helpful to older adults, whose bones tend to become brittle with age.

Bromelain, a proteolytic enzyme, is the key to pineapple's value. Proteolytic means "breaks down protein", which is why pineapple is known to be a digestive aid. It helps the body digest proteins more efficiently. Bromelain is also considered an effective anti-inflammatory.

Regular ingestion of at least one half cup of fresh pineapple daily is purported to relieve painful joints common to osteoarthritis. It also produces mild pain relief.

In Germany, bromelain is approved as a post-injury medication because it is thought to reduce inflammation and swelling.

Orange juice is a popular liquid for those suffering from a cold because it is high in Vitamin C. Fresh pineapple is not only high in this vitamin, but because of the Bromelain, it has the ability to reduce mucous in the throat.

If you have a cold with a productive cough, add pineapple to your diet.

It is commonly used in Europe as a post-operative measure to cut mucous after certain sinus and throat operations. Those individuals who eat fresh pineapple daily report fewer sinus problems related to allergies. In and of itself, pineapple has a very low risk for allergies.

Pineapple is also known to discourage blood clot development. This makes it a valuable dietary addition for frequent fliers and others who may be at risk for blood clots.

An old folk remedy for morning sickness is fresh pineapple juice. it really works! Fresh juice and some nuts first thing in the morning often make a difference.

It's also good for a healthier mouth. The fresh juice discourages plaque growth.
 

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DRT Solutions Weekly Mail – 269th Issue dated 5th July  ’13

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

(1) Beware of Bank Officials’ Discouragement to Legal Fight as they are getting Incentives for Recovery 

 

This refers to the news item at page 8 in ‘The Economic Times, Indore/Bhopal dated 3rd July 2013’ with the caption “PSBs Reward Staff to Recover Loans” reproduced below. In order to get such incentives, the bank officials may even mislead, misrepresent and discourage the borrowers for legal fight. Hence the borrowers should keep these aspects in mind while discussing the relevant matters with the bank officials:-

MUMBAI: State-owned banks have started giving incentives to employees for recovering small loans, resorting to this innovative measure to reduce their burden after a sharp rise in non-performing assets. State Bank of India (SBI), Bank of India (BoI) and Bank of BarodaBSE 0.64 % (BoB) are among the banks aggressively pursuing this option — targeting loans that may be small individually but are significantly large in terms of the number of accounts. 

"In a normal situation, a banker is expected to do recovery of loan, but these incentives are typically given for old NPAs where special effort has to be put and which are typically beyond call of duty," said SS Mundra, chairman and managing director of Bank of Baroda. Net NPAs, or bad loans after provisions, rose 51% in 2012-13 over the previous year to Rs 92,825 crore for listed banks. 

Stressed assets - bad loans and restructured loans - amount to 10-12% of banks' loan book. Public sector banks such as State Bank of India offer incentives not only to their employees but also to self-help groups while Bank of India extends incentives to business correspondents as well. Incentives are offered in cash for written-off accounts that can be as small as Rs 10,000. 

Banks pay 2-5% of the written-off account as cash incentive, which is generally shared by the entire team that works on the recovery. "Incentive schemes are for written-off accounts because they are like no man's baby. They are for small amounts, for which the branch manager may not have the time to go and visit the borrower, and there are 4,000 such accounts in every branch," said Bank of India CMD VR Iyer. 

"We also engage business correspondents. We allocate accounts for them to recover against commission," she added. According to an SBIBSE 0.10 % official, who did not want to be named, the idea behind involving employees is also to broaden the recovery mechanism. "We pay commission to recovery agents for old written-off accounts anyway. So why not pay the same to employees?" he asked. 

The idea to incentivise employees emanated after the government announced autonomy for public sector banks in 2005. This was primarily done to help the PSUs match the high salaries paid by competing private banks. Unlike in private banks, public sector bank employees receive the same salary in a particular grade irrespective of the efforts they put in. 

So far, most banks have given incentives for mobilising deposits, getting new customers and selling third party products. As per the condition set by the government, banks can pay up to 1% of their net profit as incentive. 

This is reflected in the employees' expense in their books of account. "It's not that a banker will not work without any incentives. But such schemes are framed to encourage them. The rewards give them a sense of recognition that good work is acknowledged," said Mayank Mehta, chief financial officer of Union Bank of India, which also offers such incentives.

(2) Knowledgeable Borrower can and should contest His Case Himself while His Company may be represented by His Advocate 

 

Many competent and knowledgeable borrowers find that their advocates are not able to present and explain their cases properly. Under such facts and circumstances, it would be better that they should contest their cases personally and their company or firm be represented by their advocates. With such arrangement, they will be able to present and explain the complex facts properly and even such deficiencies on part of the advocates will be taken care of. This will also help the judicial process to achieve complete justice.

(3) The Main Source of Knowledge of Mr B.V. Chauhan regarding ‘New Diet System’ is IASS (i.e. International Association for Scientific Spiritualism) 

 

At page 22 of his book ‘Prakrtik Apakv Aahar se Nirogi Jeevan’, Mr. B.V. Chauhan has mentioned that one of his main sources of knowledge is from IASS Meerut, the Late Akhileshji and mainly Dr Gopal Shastri. Mr Chauhan has also mentioned name of Shri Hriday Narain Yogiji who used to mention that ‘This is the world of mad persons’

On searching ‘IASS Meerut’ in Google we found the web site with URL as http://www.tap-seva-sumiran.com/ After study of this web site, we listened to the videos. Also found several useful videos of Akhileshji on YouTube. Shri Hirday Narain Yogiji and Akhileshji of IASS Meerut has done pioneering and scientific work on most appropriate diet for human beings.

Past two months I have strictly adopted the above mentioned diet system and found tremendous benefits. The energy level has gone up. Feeling of wellness, bliss and happiness has gone up. Sleep hours are reduced. The water intake and urine is considerably reduced etc.

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DRT Solutions Weekly Mail – 268th Issue dated 28th  June ’13

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


 

(1) Be Careful in Depositing Any Amount with the DRTs and DRATs

 

One of visitors of our web site, on 27.06.13, has informed the following, which is self explanatory:-

In 2007-08 as per orders of the Chairperson I had deposited Rs 21.35 lacs to set aside the auction sale which was wrongly conducted by the then RO. The Chairperson on seeing the illegalities granted a stay which is existing even today.

 

4) Now just last week to my surprise I was called upon by the Registrar DRAT who told my that the drafts deposited in 2008 were not deposited in the DRAT Govt account and that I should collect the old stale drafts and once again revalidate the amount of Rs  21.35 lacs. I argued with the Registrar and told him that that is the fault of the DRAT not mine. I even told him that it is a criminal offence when the drafts given by me way back in 2007-08 were not deposited in the Govt treasury. I asked him as to why he has not informed me all these 5 years instead he put the blame on me telling me that I ought to take special investment orders then only. I did not agree to that as it was not my responsibility to advise DRAT about that. Kindly advise me as to what action I should take now that I have already lost the interest amount on Rs 21.35 lacs for 5 years.

 

5) Regarding filing criminal complaints The police very conveniently dodge by saying that the matter is of civil nature and advice us to act in that matter when the criminal wrong is committed. The do not file FIR and do not investigate the matter very seriously. Please advise.”

In view of above, one has to be cautious while depositing any amount with the DRTs.

In respect of the above, we have advised that the querist that he has to take actions as if the wrong has been committed by any private person. FIR can be filed online or sent through Registered Post. If there is any difficulty with the police, private complaint be lodged with the Magistrate.
 

(2) An Important Supreme Court Judgment on Review – Misconception of the Court is Sufficient Reason for Review

Utility of this Judgment – Borrowers, Guarantors and their Advocates must scrutinize all the orders and if there is any Misconception (in respect of the Facts or the Law) of the Court, Review must be filed

Full text of the judgment with comments and important portion marked in Red may be seen by clicking the link http://www.drtsolutions.com/Moran-Review-Misconception.htm The highlights of the judgment are as under:-
 

Moran Mar Basselios Catholicos vs Moat Rev. Mar Poulose Athanaslus decided on 02.05.52 by Supreme Court of India, Case No – 193 of 1952

Judges – B. Jagannath Das; Ghulam Hasan and S.R. Dass.


 

DRT Solutions Citation –  DRTS-019-Moran MB Catholicos vs Moat MP Athanaslus-1952

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-019.
 

Conclusion

On account of hurry, bias towards the banks and lack of knowledge of banking, industry and finance, in most of the cases at times, the DRT Judges are passing such judgments and orders which contain Misconceptions of facts and or law, Review Petitions must be filed so that such error is corrected.
 

Comments

The full text of the judgment is given below with important portions marked in Red reproduced below with comments:-

(1)     Extract from Para 29

“the defendants filed a petition for review of the Judgment on the ground that It contained several mistakes or errors apparent on the face of the record and that in that event there were sufficient reasons post of ft District Judge. Not less than 92 grounds were set forth in the petition of review.”
 

Our Comments:- There were 92 grounds for Review when the Review Petition was filed on 22.08.46. This shows how much in detail and depth the advocates were preparing the said Review Petition.

(2)     Extract from Para 36

The cases to which reference has been made indicate that the misconception of the court must be regarded as sufficient reason analogous to an error on the face of the record. In our opinion it is permissible to rely on the affidavit as an additional ground for review of the judgment.

(3)     Extract from Para 40

In our opinion the appellants have made out a valid ground for allowing their application for review we accordingly allow this appeal, set aside the judgment of the High court and admit the review
 

(3) Read this Beautiful Information about Japan

Mr Firoz Poonawalla has sent the following beautiful information:-
 

Japanese Kids in School

Read this beautiful information about Japan

1 - Did 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 - Did 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 - Did 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 - Did you know that Japan does not have any natural resources, and they are exposed to hundreds of earthquakes a year but do not prevent her from becoming the second largest economy in the world? -

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

6 - Did you know that Japan prevents the use of mobile in trains, restaurants and indoor

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

8 - Did you know that the Japanese even though one of the richest people in the world but they do not have servants. The parents are responsible for the house and children -

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

12 -. Did you know that children in schools brush their teeth (sterile) and clean their teeth after a meal at school; They maintain their health from an early age.

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DRT Solutions Weekly Mail – 267th Issue dated 21st June ’13

 

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

 


 

(1) Our Client wins SA in Kolkata – Complete DRT Order dated 04.06.13 Reproduced on Our Web Site with Comments 

 

Complete DRT Order dated 04.06.13 is reproduced on our web site vide link http://www.drtsolutions.com/Azmeer-UBI-SA-allowed.htm  

Particulars in brief are  as under:-


 

Azmeer Business Pvt Ltd vs United Bank of India decided on 04.06.13 by DRT-II, Kolkata SA No – 101 of 2011

Presiding Officer – S.K. Mishra

 

DRT Solutions Citation –  DRTS-018-Azmeer Business vs UBI-2013

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-018.
 

Comments by DRT Solutions

A DRT-II Kolkata Judgment of 2013 Allowing the SA,  Setting Aside Auction Sale and Ordering the Bank to  Restore Possession

Utility of this Judgment – If all the wrong doings committed by banks are questioned & contested properly, the borrowers and Guarantors can win against the banks

Conclusion

If proper pleadings have  been made and the case contested properly, the borrowers and guarantors can win their SAs. In this case, the borrower will have to file Review and Appeal to have their amendment to the pleadings permitted as it contains his counterclaim. This will be the only and the ultimate defence if the bank goes for Appeal and any further recovery action.
 

Comments 

The full text of the judgment is given on our web site vide link http://www.drtsolutions.com/Azmeer-UBI-SA-allowed.htm which is self explanatory.

(a)   In this judgment the DRT has dealt with several wrong doings committed by the bank which has caused loss and damages to the borrower.

(b)   In the last para, DRT has categorically stated that it is a fit case for awarding compensation but has made a erroneous and misconceived conclusion that “the defendant bank being a public sector bank, I am not inclined to grant compensation” Perhaps the PO DRT is not aware about the law laid down by the Supreme Court in Luknow Development Authority case (1994 AIR 787   1994 SCC  (1) 243; JT 1993 (6) 307 and  1993 SCALE (4) 370, wherein the Supreme Court has given a verdict that such compensation can be made. An extract from the said SC judgment is reproduced below:- 

When a citizen seeks to recover compensation from a public authority in respect of injuries suffered by him for capricious exercise of power and the National Commission finds it duly proved then it has a statutory obligation  to award the same. It was never more necessary than today when even social obligations are regulated by grant of  statutory powers. The test of permissive form of grant is over. It is now imperative and implicit in the exercise of power that it should be for the sake of society. When the court directs payment of damages or compensation against the State the ultimate  sufferer is the common man.  It is  the tax payers'  money which is paid for inaction of those  who  are entrusted  under  the  Act  to discharge  their  duties  in accordance  with law.  It is, therefore, necessary that  the Commission  when  it  is satisfied  that  a  complainant  is entitled  to compensation for harassment or mental agony  or oppression,  which  finding  of course should be  recorded carefully  on material and convincing circumstances and  not lightly,  then it  should  further  direct  the  department concerned  to  pay the amount to the  complainant  from  the public fund immediately but to recover the same from  those who are found responsible for such unpardonable behavior by dividing  it proportionately where there are more  than one functionaries.” 

(c)   The proposed amendment to the SA relates to the loss and damages suffered by the borrower but the DRT has not permitted the amendment to the pleadings stating that there is no legal evidence. On one hand, the DRT itself has dealt with the wrong doings committed by the bank, what more evidence is required as it is based on the documents gone through by the DRT.

(d)   Hence for the above erroneous and misconceived opinions of the DRT about the amendment and the counterclaim, the borrower has been advised to file Review and Appeal.
 


 

(2) Counter-claim must be filed in DRT instead of Civil Court 

 

One of our clients from Ahemdabad got prepared SA from us. The said SA included complete loss suand damages (i.e. counter-claim). After filing the SA, his advocate prepared a damage suit based on the said SA and filed the same in the civil court. Such suit is liable to be dismissed in limine due to bar specified in Sec 34 of the Securitisation Act. Hence the professional charges and the court fee for the said suit will be totally wasted.

In view of above, the best course of action is to file and pursue the counter-claim in DRT itself. In almost all the cases, the counter-claim is much more than the claim of the bank resulting into ‘No Debt Due’. The borrower is entitled to get it adjudicated for complete justice. Whenever he finds that the DRT is unable to provide complete justice, he is entitled to get it transferred to the civil court. In that eventuality, not only he will get full justice, there will be no deposit in the appeal. The whole process will take 15 to 20 years. If there is any decision of the DRT for recovery, the execution can not be completed till the counter-claim is decided. In all probabilities, the bank will lose the case. If there are few such cases, the banks will be careful in appraising the loan proposals properly, they will be serious about following the RBI Guidelines, helping the borrowers in need and not bothering the guarantors unnecessarily etc. Thus the whole process will not only improve the banks but the judicial systems as well as the officers of the courts.

 

(3) Take that, Ump!!!! – A Must Read for Grandparents 

 

Mr Firoz Poonawalla has sent following valuable piece:-

 

A Must Read for Grandparents...

At one point during a game, the coach called one of his 9-year-old baseball players aside and asked, 'Do you understand what cooperation is? What a team is?' 

The little boy nodded in the affirmative. 

'Do you understand that what matters is whether we win or lose together as a team?'
 
The little boy nodded 'yes'. 
 
'So,' the coach continued, 'I'm sure you know, when an out is called, you shouldn't argue, curse, attack the umpire, or call him a pecker-head, dickhead or asshole. Do you understand all that? ' 

The little boy nodded 'yes' again. 

He continued, 'And when I take you out of the game so another boy gets a chance to play too, it's not good sportsmanship to call your coach "a dumb ass or shithead" is it?' 

The little boy shook his head 'NO'.

 'GOOD', said the coach . . . 'Now go over there and explain all that to your grandmother!'


 

(4) Back to Indore – Our Sweet Home 

Myself and Mrs were out of Indore since 5th May, were in Delhi upto 4th June and in Yog Gram from 5th June to 19th June and now back to Indore. This weekly mail is issued from Indore only. During this one and half months, six weekly mails (261st to 266th) were issued from outside Indore, web site was updated from time to time, few visitors and clients from Chandigarh, Ludhiana, Patna, Chennai, Delhi and Goa called on us at Delhi and Yog Gram. One of our clients stayed with us for a week at Yog Gram. We shot few videos of Swami Ramdevji, Neerajji, Mother of Pradumn Maharaj and nearly 200 pictures at Yog Gram. I had the opportunity to call on Pradumn Maharaj, Guru of Swami Ramdevji. During this one and half months, we experienced extreme summer heat at Delhi and also incessant 24 hours rain at Yog Gram. Any way our routine work was going on as usual. Thanks to the technology which has given heavenly comfort of living travelling and communication. There is no problem of space, time and distance. Above all Yog Gram is a natural heaven to fully charge the battery of your body and mind. As a whole what more bliss, happiness and joy you need from this precious life. All thanks to that Almighty. 

 

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DRT Solutions Weekly Mail – 266th Issue dated 14th June ’13 – Camp Yog Gram, Haridwar

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

(1) Our Client wins SA in Kolkata  

Azmeer Business Pvt Ltd. Siliguri came to us. We amended his SA No SA/101/2011 to include all wrong doings of the bank as well as the counter-claim. The DRT Kolkata allowed his said SA. The details will be reported in the forthcoming weekly mail after study of the DRT Order.

(2) Property is a Constitutional and Human Right – Guarantors can get complete justice in saving their properties  

As per an important Supreme Court judgment (vide Sl No 2 of this weekly mail – Full text with comments and important portions marked in Red), property being a Constitutional Right as well as a human right can not be taken away without trial for complete justice.

If perfect pleadings with counter-claim are made, the DRTs will not be able to adjudicate the matter completely and hence it has to be transferred to civil court which will take considerable time to decide the same.

The above will curb the tendency of the bankers to rush for quick disposal particularly of the personal residential assets of the guarantors including the directors. It will be extremely difficult for the banks to lay their hands on the residential properties.

(3) An Important Supreme Court Judgment of 2008 about Guarantor’s Property as ‘Constitutional and Human Rights’

The full text of the judgment is given vide link http://www.drtsolutions.com/KSFC-Narasimahaih.htm with important portions marked in Red, which are reproduced hereinunder.

Utility of this Judgment – Guarantors can get complete justice to save their properties

Karnataka State Financial Corporation vs N. Narasimahaiah & Others decided on 13.03.08 by Supreme Court of India, Civil Appeal No – 610-612 of 2004

Judges – S.B. Sinha and Lokeshwar Singh Panta.

DRT Solutions Citation –  DRTS-017-KSFC vs Narasimahaih-2008

http://www.drtsolutions.com/KSFC-Narasimahaih.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-017.

Comments

The full text of the judgment is given vide link http://www.drtsolutions.com/KSFC-Narasimahaih.htm with important portions marked in Red, which are reproduced below:-

Extract from Para 30:-

“Right of property, although no longer a fundamental right, is still a constitutional right.  It is also human right.  In absence of any provision either expressly or by necessary implication, depriving a person therefrom, the court shall not construe a provision leaning in favour of such deprivation.  Recently, this Court in P.T. Munichikkanna Reddy & Ors. v. Revamma & Ors. [(2007) 6 SCC 59] dealing with adverse possession opined:

"Human rights have been historically considered in the realm of individual rights such as, right to health, right to livelihood, right to shelter and employment etc. but now human rights are gaining a multifaceted dimension. Right to property is also considered very much a part of the new dimension. Therefore, even claim of adverse possession has to be read in that context. The activist approach of the English Courts is quite visible from the judgement of Beaulane Properties Ltd. v. Palmer  [2005 (3) WLR 554 : 2005 EWHC 817 (Ch.)] and JA Pye (Oxford) Ltd v. United Kingdom [2005] ECHR 921  [2005] 49 ERG 90, [2005] ECHR 921],”

Extract from Para 18:-

“Banking practice may enable a financial corporation to ask for a collateral security.  Such security, we would assume, may be furnished by the Directors of a Company but furnishing of such security or guarantee is not confined to the Directors or employees or their close relatives.  They may be outsiders also.  The rights and liabilities of a surety and the principal borrower are different and distinct.  Apart from the defences available to a principal borrower under the provisions of the Indian Contract Act, a surety or a guarantor is entitled to take additional defence. Such additional defence may be taken by the guarantor not only against the corporation but also against the principal debtor.  He, in a given situation, would be entitled to show that the contract of guarantee has come to a not.  Ordinarily, therefore, when a guarantee is sought to be enforced, the same must be done through a court having appropriate jurisdiction.  In the absence of any express provision in the statute, a person being in lawful possession cannot be deprived thereof by reason of default on the part of a principal borrower.” 

Extract from Para 21:-

“A statutory authority, thus, may have an implied power to effectuate exercise of substantive power, but the same never means that if a remedy is provided to take action against one in a particular manner, it may not only be exercised against him but also against the other in the same manner.

 It is a trite law that the entire statute must be first read as a whole then section by section, clause by clause, phrase by phrase and word by word. [See Reserve Bank of India v. Peerless General Finance and Investment Co. Ltd. and Others, (1987) 1 SCC 424, Deewan Singh & Ors. v. Rajendra Pd. Ardevi & Ors. 2007 (1) SCALE 32 and Sarabjit Rick Singh v.  Union of India, 2007 (14) SCALE 263]”

Conclusion

If proper pleadings have  been made including counter-claim, the guarantors can get complete justice to save their properties. Since it will be difficult for the DRTs to decide the whole matter, the case will have to be transferred to civil courts which will take comparatively long time to  decide the matter in order to achieve complete justice.

(4) ‘Yog Gram’ is a Heaven on Earth

For details visit www.yoggram.divyayoga.com

Phone – 01334-283522, E-mail – yoggram@divyayoga.com

Yog Gram is world renowned centre for Yog-Naturopathy-Panchkarma Treatment & Research Centre near Village Aurangabad, SIDCUL, Haridwar, Uttarakhand (India) Its administration is by ‘Patanjali Yogpeeth’ web site www.divyayoga.com It was inaugurated on 8th June 2008 by the then Chief Minister of Uttarakhand.

We have spent a week in ‘Yog Gram’. It is a Heaven on Earth. It was conceived and created by Swami Ramdevji and Acharya Balkrishnaji, the Torchbearers and Lighthouse of Health Movement in India. Yog Gram is an excellent and unique centre for providing holistic treatment through an integrated use of Yog, Naturopathy and harmless, herbs and medicinal plants.

Originally Yog Gram land was part of a forest. Now it has lush green well maintained huge lawns, most modern cottages, Yog Hall, Treatment centres for Males and Females, Modern Canteen, Library, Lake with Boating facilities, Horse & Camel riding etc all spread over 150 acres. Entire campus has wired speaker network through which its quite soothing to hear chanting of OM and discourses. The patients have to getup at 4AM and there is a full schedule upto 9 PM. We have shot lot of pictures and videos. We found many patients from overseas as well as all parts of India.

Dr Nagendra Neeraj, the present CMO (Chief Medical Officer) is a world renowned Naturopath who has cured lacs of patients and has written more than 25 books on Naturopathy and Diet, written several articles and research papers and has spoken on the subject on many forums including international. In fact when we heard him on Naturopathy on Aastha and Sanskar TV channels along with Swami Ramdevji, our interest in Naturopathy became intense and it brought us to this Heaven on Earth.

(5) Our Weekly Mails since 6th May ’13 being issued from Out Stations

This is just for your information that our weekly mails since 6th May ’13 are being issued from outside Indore. This particular issue is published in advance as we are now staying at Yog Gram, Haridwar where net signals are quite weak and hence I had to come down to Patanjali to release this issue as well as updating the web site.

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DRT Solutions Weekly Mail – 265th Issue dated 7th June ‘13

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

(1) Multiple Recovery Actions taken by Banks should be Questioned as the Same should be with Due Application of Mind  

There is tendency of banks to initiate multiple recovery actions without application of mind. The borrowers should carefully examine each and every such action and must interact with the bank questioning the legalities of such actions with copy to the Chairman of the bank. At appropriate time such interactions will be quite useful before the concerned court of law.

In one of the current case of our client, the bank first invoked Securitization Act followed by invoking DRT Act by filing OA. Our client filed SA and also submitted an application for dismissal of the said OA. DRT issued order against the said application. Our client has filed Review and Appeal followed by WS and Counter-claim. In the meantime the bank made a publication for e-auction of the securities. Our client filed WP in the High Court questioning the hurried actions by the bank without waiting for the outcome of the SA and the Counter-claim. The bank also initiated actions for declaring willful default and publication of photos of the Directors. Our client questioned the legalities of such actions and if necessary suitable injunction suits will be filed in civil court.

The Hon’ble Judiciary is now being informed that due to above mentioned hurried and aimless recovery actions, the courts are loaded with SA, WS, Counter-claim, Review, Appeal, WP and several Injunction Suits.

The above is on account of typical characteristics of the bureaucracy which is criticized by the Hon’ble Supreme Court in several judgments. One of such Judgment is given in the Sl No (2) of this Weekly Mail below.

(2) An Important Supreme Court Judgment of 2009 about Frivolous & Unjust Litigation by Bureaucracy

The judgment is given on our web site vide link http://www.drtsolutions.com/Urban-Improvement-Trust-Mohanlal.htm

Utility of this Judgment – There are many Frivolous and Unjust Litigations by Banks & FIs in the name of Recovery or Public Funds where this Judgment becomes very Useful

Urban Improvement Trust vs Mohanlal decided on 30.10.09 by Supreme Court of India, SLP No – 29852 of 2009

Judges – R.V. Raveendran and G. S. Singhvi.

DRT Solutions Citation –  DRTS-016-Urban Improvement Trust-vs Mohanlal-2009

http://www.drtsolutions.com/Urban-Improvement-Trust-Mohanlal.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-016.

Comments by DRT Solutions

An Important Supreme Court Judgment of 2009 about Frivolous & Unjust Litigation by Bureaucracy

Utility of this Judgment – There are many Frivolous and Unjust Litigations by Banks & FIs in the name of Recovery or Public Funds where this Judgment becomes very Useful

Conclusion

The bureaucracy unnecessarily indulges into frivolous and unjust litigations. The Govt since 1957 is trying to curb this tendency but without any results. This is also happening with the banks and the financial institutions. Whenever one finds that the banks unnecessarily indulge in such approach, this SC judgment will be highly  useful to put up before the judiciary. Further it should be understood by the litigant borrowers and guarantors that on account of such characteristics, the banks will fight upto the Supreme Court even if they lose in the lower courts. Under such facts and circumstances, the counter-claim will be of immense use as the interest on counter-claim will continue to go up even if there is delay caused by the banks. 

Comments 

The full text of the judgment is given on our web site vide link http://www.drtsolutions.com/Urban-Improvement-Trust-Mohanlal.htm with important portions marked in Red, which are self explanatory

(3) Excessive Protein not Good for Kidneys

Dr V.P. Bansal M.B.B.S (Gold Medalist), M.D.(Allopathy),D.H.M.S.(Homoeopathy) from Indore (Mobile: 91-9926020111) has sent the following useful information:-  

EXCESSIVE PROTEIN NOT GOOD FOR KIDNEY

Young people are increasingly becoming prone to kidney ailments due to protein supplements.

Excessive consumption of protein can have unwanted side effects on the kidney. Since kidney disease often goes undiagnosed , one should not take additional protein supplements without proper consultation . but many skip this, which leads to chronic kidney disease.

Nephrologists warn that high doses of protein powder over a long period of time causes stress on kidneys.

“Kidneys process and break down proteins. An excessively increased amount of protein intake causes the organ to work harder to compensate. Overuse of protein powders can lead to developing kidney stones and kidney failure.

He said that in india about 40 percent of youngsters suffer from hypertension , obesity or diabetes or are smokers – all of which lead to kidney stones , infection and diabetic kidney disease. Many add to their health condition by taking protein supplements without proper advice , which could be dangerous.

(4) Our Weekly Mails since 6th May ’13 being issued from Out Stations

This is just for your information that our weekly mails since 6th May ’13 are being issued from outside Indore. This particular issue is published in advance as we are now staying at Yog Gram, Haridwar where net signals are quite weak and hence I had to come down to Patanjali to release this issue in advance.

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DRT Solutions Weekly Mail – 264th Issue dated 31st May ‘13

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


 

 

(1) Review & Appeal – Necessity & Importance in DRTs, & Civil Courts in India 

 

(a)   There is huge pendency in Indian Courts now crossing more than 3 crore cases. There was no such pendency in British India but after the country became free, there was deluge of cases due to fundamental rights and those arising due to separation of powers between executive, judiciary and legislative wings

(b)   The country needed immediate Judicial Reforms in 1947 and thereafter but till date no real seriousness has been shown by all those who are concerned.

(c)   On account of huge pendency and delay in civil courts, the bank lobby voiced for separate courts for quick recoveries of bank over dues and as a result the DRTs were proposed. The right course of action was to improve the civil courts instead of establishing new courts in the name of Tribunals.

(d)   In establishing and running of the DRTs also there is no real seriousness on following two counts:-

(1)   In the recommendation of Tiwari Committee in 1981, it was said that the Advocates and Judges in DRTs should be experts in banking, industry and finance but till date neither such experts have been appointed nor the existing persons have been trained.

(2)   We have not learnt anything from the experience of Tribunals in UK. The tribunals were first established there in 1800 and it took 157 years to find out the solutions by Sir Frank committee who recommended that the tribunals should be monitored and supervised by public bodies.

(e)   On the other hand, the DRTs themselves appear to be working against the Principles of Natural Justice (which they are supposed to follow as per the DRT Act) as despite the 15 years old verdict of the Supreme Court, the DRTs are not being transferred from the control of the Ministry of Finance to Ministry of Law. The Ministry of Finance is holding regular meetings with the DRT judges. The said Ministry is openly posting bank officers as the Judges and Recovery Officers of the DRTs. Recently the Supreme Court has said that only Judicial Officials be posted as Recovery Officers.

(f)    It is well known that Lenders’ Liability Act was to be enacted along with the Securitisation Act but the bank lobby managed to drop the same and diverted the attention by getting Lenders’ Liability Guidelines from RBI.

(g)   In view of above, there is all around pressure and lobbying for quickest possible recovery of bank overdues. Under such facts and circumstances, most of the proceedings and orders in DRTs are having legal defects due to obvious hurry and bias towards lendes. It is well known that ‘Justice hurried is justice buried’

(h)   It is now responsibility of the Borrowers’ Advocates to immediately examine all the proceedings and orders thoroughly and critically whether any Review and or Appeal will cure the defects.

(i)    We have been emphasizing all along that the litigant borrowers and guarantors have to take personal interest for the above examination and prevail upon their advocates to take remedial measures without loss of time. The borrowers must understand the parameters of Review and Appeal. They should go through the petitions and attend the court hearings and arguments.

(j)    The complete history of Review past 150 years, analysis of ingredients and comparison with Appeal is given in ‘AIR 1948 Allahabad 353’ which needs to be studied by the borrowers and their advocates.

(k)   The limitation for filing Review and or Appeal must be kept in view.

(l)    If Review and Appeal both are required, first Review must be filed and then Appeal must be filed in such a manner that both are within limitation. If there is any delay, application for condonation must be moved.

(m) As per the SC judgment of 1963 vide link http://www.drtsolutions.com/Thungabhadra-GovtAP-Review-Appeal.htm full text given on our web site along with important portion marked in Red as well as our comments. This judgment is dealt with today in this weekly mail below. Accordingly the Review and Appeal both can be prosecuted simultaneously. As soon as one is finally decided, other should be discontinued.

(n)    In view of facts and circumstances, we reiterate that when the bank lobby is sticking to its guns right from legislation of DRT Act and Securitisation Act as well as their amendments, controlling DRTs, postings and meetings with the DRT judges and Recovery Officers, excluding rightful appeals due to huge deposits for stay and appeals etc; the borrowers must file their counter-claims and damages which are the only defence. The pleadings of the said counter-claims must be drafted by persons having knowledge of banking, industry and finance as well as law of torts and damages.

(o)   The Review and Appeals must be properly contested keeping in view the important judgments given by us on our web site vide link http://www.drtsolutions.com/DRT-Judgments.htm. The petitions be drafted thoroughly, arguments held keeping in view the various points given above, written arguments be submitted and the court forced to mention all the points pressed in accordance with the SC Judgment given vide link http://www.drtsolutions.com/Points-Pressed.htm

(p)   Side by side the counter-claim be transferred to civil court as per the comments for the judgment vide link www.drtsolutions.com/Nahar-HSBC-Counter-claim-Appeal.htm

(q)   It is reiterated that the best recovery is by running of the business with the application of tools like revival, rehabilitation and restructuring. Further if the lenders desire quick recoveries through DRTs, they should set their own house in order first i.e. follow all the RBI Guidelines strictly, hold a thorough legal audit before filing case before DRT, compensate the borrowers for the wrong doings and delays committed by the lender etc.

(r)    It is unlikely that the behavior of the lenders will change and the only factor which will change them will be when they are flooded with several damage and counter-claims. Such damages are quite common in US where the banks now take all precautions to help the borrowers and guarantors due to the said damage claims.

(s)   Justice Krishna Iyer said that our courts are 200 years behind developed countries. Further there are 74 countries whose judicial management and systems are better than us and hence there is enough scope for improvements in DRTs and civil courts in India. The advocates should not hesitate to apprise the DRT Judges to understand the realities so that they do not cause any injustice to the borrowers who are very small compared with the mighty banks. Borrowers are not asking for any favour to them but their only demand is that no favour or bias be shown to the lenders. If the Judges only follow the rule and procedure of law, the wrong doings committed by the lenders will come to light and due to the counter-claims, there will be no debt due rather the lenders will have to pay huge sums to the borrowers. Day is not far when some sincere and honest DRT Judge will definitely award such judgment.

(t)    Many of our clients have understood the above facts and followed the strategy mentioned by us and as a result they are either winning their cases against the lenders or the lenders are forced to settle as less as 5% of the dues.

 

(2) Important & Useful Judgment of the Supreme Court on Review & Appeal 

Full text of this judgment available on our web site with important portions marked in Red as well as our comments vide link http://www.drtsolutions.com/Thungabhadra-GovtAP-Review-Appeal.htm

 

Thungabhadra Industries vs Govt of AP decided on 20.10.63 by Supreme Court of India, Case No No – 781, 783 of 1962

Citations – 1964  AIR 1372, 1964 (5) SCR 174

Judges – A.K. Sarkar; K.C. Das Gupta and N. Rajagopala Ayyangar.

 

DRT Solutions Citation –  DRTS-015-Thungabhadra-vs Govt AP-1963

http://www.drtsolutions.com/Thungabhadra-GovtAP-Review-Appeal.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-015.
 

Comments by DRT Solutions

 

An Important Supreme Court Judgment of 1963 about Review and Appeal

Utility of this Judgment – On account of Hurried Disposals in DRTs, Several Orders are inherently Defective calling for Review and Appeal, where this Judgment becomes very Useful

 

Conclusion

With this SC judgment of 1963, law is well settled that if Review is filed first and then Appeal is filed, both can be proceeded with simultaneously till either of the two is finally decided, other should be discontinued.

Comments

(a)   The full text of the judgment is given below with important portions marked in Red on para 8 and 13 which are self explanatory and are reproduced below:-

 

Extract from  para 8 is reproduced below:-

O. XLVII  R. 1(1) of the Civil Procedure Code permits an application for review being filed `from a decree or order from which an appeal is allowed but from which no appeal has been preferred.` In the present case, it would be seen, on the date when the application for review was filed the appellant had not filed an appeal to this court and therefore the terms of O. XLVII  R. 1(1) did not stand in the way of the petition for review being entertained. Learned Counsel for the respondent did not contest this position. Nor could we read the judgment of the High court as rejecting the petition for review on that ground. The crucial date for determining whether or not the 'terms of O. XLVII. R.1 (1) are satisfied is the date when the application for review is filed. If on that date no appeal has been filed it is competent for the court hearing the petition for review to dispose of the application on the merits notwithstanding the pendency of the appeal, subject only to this, that if before the application for review is finally decided the appeal itself has been disposed of, the jurisdiction of the court hearing the review petition would come to an end.

Extract from  para 13 is reproduced below:-

IN the result the appeal is allowed and the common judgment of the High court in the three appeals is reversed and the petitions for review--C.M.Ps 4672, 4673 and 4674 of 1959 on the file of the High court are allowed with costs here and in the High court--one set of hearing fees.

Further Comments

Same as item no (1) of this weekly mail.

 

(3) Your Body – some Interesting Facts – Human Mysteries

 

Mr Firoz Poonawalla has sent the following interesting information:-

Your  Body

The Human Body is a treasure trove of mysteries, one that still confounds doctors and scientists about the details of its working. It's not an overstatement to say that every part of your body is a miracle. Here are fifty facts about your body, some of which will leave you stunned...or... 

1. It's possible for your body to survive without a surprisingly large fraction of its internal organs. Even if you lose your stomach, your spleen, 75% of your liver, 80% of your intestines, one kidney, one lung, and virtually every organ from your pelvic and groin area, you wouldn't be very healthy, but you would live. 

2. During your lifetime, you will produce enough saliva to fill two swimming pools. Actually, Saliva is more important than you realize. If your saliva cannot dissolve something, you cannot taste it. 

3. The largest cell in the human body is the female egg and the smallest is the male sperm. 
The egg is actually the only cell in the body that is visible by the naked eye. 

4. The strongest muscle in the human body is the tongue and the hardest bone is the jawbone. 

5. Human feet have 52 bones, accounting for one quarter of all the human body's bones. 

6. Feet have 500,000 sweat glands and can produce more than a pint of sweat a day. 

7. The acid in your stomach is strong enough to dissolve razor blades. The reason it doesn't eat away at your stomach is that the cells of your stomach wall renew themselves so frequently that you get a new stomach lining every three to four days. 

8. The human lungs contain approximately 2,400 kilometers (1,500 mi) of airways and 300 to 500 million hollow cavities, having a total surface area of about 70 square meters, roughly the same area as one side of a tennis court. Furthermore, if all of the capillaries that surround the lung cavities were unwound and laid end to end, they would extend for about 992 kilometers. Also, your left lung is smaller than your right lung to make room for your heart. 

9. Sneezes regularly exceed 100 mph, while coughs clock in at about 60 mph. 

10. Your body gives off enough heat in 30 minutes to bring half a gallon of water to a boil. 

11. Your body has enough iron in it to make a nail 3 inches long. 

12. Earwax production is necessary for good ear health. It protects the delicate inner ear from bacteria, fungus, dirt and even insects. It also cleans and lubricates the ear canal. 

13. Everyone has a unique smell, except for identical twins, who smell the same. 

14. Your teeth start growing 6 months before you are born. This is why one out of every 2,000 newborn infants has a tooth when they are born 

15. A baby's head is one-quarter of its total length, but by the age of 25 will only be one-eighth of its total length. This is because people's heads grow at a much slower rate than the rest of their bodies. 

16. Babies are born with 300 bones, but by adulthood the number is reduced to 206. Some of the bones, like skull bones, get fused into each other, bringing down the total number. 

17. It's not possible to tickle yourself. This is because when you attempt to tickle yourself you are totally aware of the exact time and manner in which the tickling will occur, unlike when someone else tickles you. 

18. Less than one third of the human race has 20-20 vision. This means that two out of three people cannot see perfectly. 

19. Your nose can remember 50,000 different scents. But if you are a woman, you are a better smeller than men, and will remain a better smeller throughout your life. 

20. The human body is estimated to have 60,000 miles of blood vessels. 

21. The three things pregnant women dream most of during their first trimester are frogs, worms and potted plants. Scientists have no idea why this is so, but attribute it to the growing imbalance of hormones in the body during pregnancy. 

22. The life span of a human hair is 3 to 7 years on average. Every day the average person loses 60-100 strands of hair. But don't worry, you must lose over 50% of your scalp hairs before it is apparent to anyone. 

23. The human brain cell can hold 5 times as much information as an encyclopedia. 
Your brain uses 20% of the oxygen that enters your bloodstream, and is itself made up of 80% water. Though it interprets pain signals from the rest of the body, the brain itself cannot feel pain. 

24. The tooth is the only part of the human body that can't repair itself. 

25. Your eyes are always the same size from birth but your nose and ears never stop growing. 

26. By 60 years of age, 60% of men and 40% of women will snore. 

27. We are about 1 cm taller in the morning than in the evening, because during normal activities during the day, the cartilage in our knees and other areas slowly compress. 

28. The brain operates on the same amount of power as 10-watt light bulb, even while you are sleeping. In fact, the brain is much more active at night than during the day. 

29. Nerve impulses to and from the brain travel as fast as 170 miles per hour. Neurons continue to grow throughout human life. Information travels at different speeds within different types of neurons. 

30. It is a fact that people who dream more often and more vividly, on an average have a higher Intelligence Quotient. 

31. The fastest growing nail is on the middle finger. 

32. Facial hair grows faster than any other hair on the body. This is true for men as well as women. 

33. There are as many hairs per square inch on your body as a chimpanzee. 

34. A human fetus acquires fingerprints at the age of three months. 

35. By the age of 60, most people will have lost about half their taste buds. 

36. About 32 million bacteria call every inch of your skin home. But don't worry, a majority of these are harmless or even helpful bacteria. 

37. The colder the room you sleep in, the higher the chances are that you'll have a bad dream. 

38. Human lips have a reddish color because of the great concentration of tiny capillaries just below the skin. 

39. Three hundred million cells die in the human body every minute. 

40. Like fingerprints, every individual has an unique tongue print that can be used for identification. 

41. A human head remains conscious for about 15 to 20 seconds after it has been decapitated. 

42. It takes 17 muscles to smile and 43 to frown. 

43. Humans can make do longer without food than sleep. Provided there is water, the average human could survive a month to two months without food depending on their body fat and other factors. Sleep deprived people, however, start experiencing radical personality and psychological changes after only a few sleepless days. The longest recorded time anyone has ever gone without sleep is 11 days, at the end of which the experimenter was awake, but stumbled over words, hallucinated and frequently forgot what he was doing. 

44. The most common blood type in the world is Type O. The rarest blood type, A-H or Bombay blood, due to the location of its discovery, has been found in less than hundred people since it was discovered 

45. Every human spent about half an hour after being conceived, as a single cell. Shortly afterward, the cells begin rapidly dividing and begin forming the components of a tiny embryo. 

46. Right-handed people live, on average, nine years longer than left-handed people do. 

47. Your ears secrete more earwax when you are afraid than when you aren't. 

48. Koalas and primates are the only animals with unique fingerprints. 

49. Humans are the only animals to produce emotional tears. 

50. The human heart creates enough pressure to squirt blood 30 feet in the air.

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DRT Solutions Weekly Mail – 263rd Issue dated 24th 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 of Fundamental Rights – Relevant to Sec 14 of Securitization Act – Magistrate should give Hearing to Borrowers  

 

Full text of this judgment available on our web site vide link http://www.drtsolutions.com/Maneka-Gandhi-UOI-Natural-Justice.htm important portions marked in Red as well as our following comments.

 

Maneka Gandhi vs Union of India decided on 25.01.78 by Supreme Court of India, Writ Petition No – 231 of 1977

Citations – 1978 AIR 597, 1978 SCR (2) 621

Judges – Beg M. Hameedullah, C.J.; Chandrachud Y.V.; Bhagwati P.N.; Krishna Iyer V.R.; Untwalia N.L.; Fazalali Syed Murtaza and Kailasam P.S.

No : 4796 of 2009

DRT Solutions Citation –  DRTS-014-Maneka-Gandhi vs UOI-1978

http://www.drtsolutions.com/Maneka-Gandhi-UOI-Natural-Justice.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-014.

 

Comments by DRT Solutions

An Important Supreme Court Judgment of 1978 about Principles of Natural Justice, Fundamental Rights

Utility of this Judgment - Magistrate’s Action u/s 14 of Securitisation Act for taking Physical Possession – Bank and Magistrate have to give opportunity of hearing – Hearing has to be Real & with Application of Mind

Conclusion

With this SC judgment of 1978, law is well settled that the Magistrate in Securitisation Act has to extend reasonable opportunity for real hearing to the borrower. Since such views were not held by the Judges and the Advocates in DRTs, we were referring to this judgment. Since they had no time to go through this 200 page judgment, we have now given full text on our web site, with important portion marked in Red as well as above our comments. The borrowers and guarantors should go through at least the portions marked in Red and show the same to their advocates.

 

Comments

The full text of the judgment is given vide link http://www.drtsolutions.com/Maneka-Gandhi-UOI-Natural-Justice.htm with important portions marked in Red on pages 03, to 07,09 to16,26,27,42 to 46,51 to 56,65 to 67,74 to 82,95to 97,103 and 104,

This judgment is highly useful whenever the banks approach to Magistrate to take physical possession  u/s 14 of the Securitisation Act. The legal explanation is as under:--

(a)   As soon as notice u/s 13(2) is received, we asked the litigant borrowers to be in touch with the office of the DM/CMM Magistrates so that whenever any application u/s 14 is received from the bank, he should submit a reply. Side by side he should submit an application u/s 17 to DRT.

(b)   In the said reply to the Magistrate, the borrower is asked to cite this judgment requesting to extend an opportunity of hearing.

(c)   In almost all the cases of our clients, there is loss and damages due to the wrong doings of the bank. The said loss and damages are much more than the claim of the bank resulting into ‘No Debt Due’ Hence no physical possession of the secured assets can be taken till the said application u/s 17 is decided finally by the courts.

 

The following extracts are important and self explanatory. The litigant borrowers and guarantors should read the same and show them to their advocates:-

 

Extract from Page No – 06

“It is well-settled that even when there is no specific provision in a statute or rules made thereunder for showing case against action proposed to be taken against an individual, which affects the right of that individual the duty to give reasonable opportunity to be heard will be implied from the nature of the function to be performed by the authority which has the power to take punitive or damaging action.”

 

Extract from Page No – 07

”Even executive authorities when taking administrative action which involves any deprivation of or restriction on inherent fundamental rights of citizens must take care to see that justice is not only done but manifestly appears to be done. They have a duty to proceed in a way which is free from even the appearance of arbitrariness, unreasonableness or unfairness. They have to act in a manner which is patently impartial and meets the requirements of natural justice.”

 

Extract from Page No – 09

“extent of protection against the impairment of a fundamental right is determined by the direct operation of an action upon the individual's rights and not by the object of the Legislature or by the form of the action.”

 

Extract from Page No – 13

“It is true that the Passports Act does not provide for giving reasonable opportunity to the holder of the passport to be heard in advance before impounding a passport. (Similarly the Securitisation Act does not provide for giving reasonable opportunity by the Magistrate to the borrower)  But that is not conclusive of the question. If the statute make itself clear on this point, then no more question arises but even when statute is silent the law may in a given case make an implication and apply the principle. Natural justice is a great humanising principle intended to invest law with fairness and to secure justice and over the years it has grown into a widely pervasive rule affecting large areas of administrative action”

 

“There can be no distinction between a quasi-judicial function and an administrative function for the purpose of principles of natural justice. The aim of both administrative inquiry as well as the quasi-judicial enquiry is to arrive at a just decision and if a rule of natural justice is calculated to secure justice or to put it 'negatively, to prevent miscarriage of justice, it is difficult to see why it should be applicable to quasi- judicial enquiry and not to administrative enquiry. It must logically apply to both. It cannot be said that the requirements of fairplay in action is any the less in an administrative enquiry than in a quasi-judicial one. Sometimes an unjust decision in an administrative enquiry may have far more serious consequences than a decision in a quasi-judicial enquiry and hence rules of natural justice must apply, equally in an administrative enquiry which entails civil consequences.”

 

Extract from Page No – 14

“The duty to act judicially need not be superadded but it may be spelt out from the nature of the power conferred, the manner of exercising it and its impact on the rights of the person affected and where it is found to exist the rules of natural justice would be attracted. Fairplay in action requires that in administrative proceedings also the doctrine of natural justice must be held to be applicable”

 

Extract from Page No – 14 & 15

“the power conferred on the Passport Authority to impound a passport is a quasi judicial power. The rules of natural justice would in the circumstances be applicable in the exercise of the power of impounding a passport even on the orthodox view which prevailed prior to A. K. Kraipak's case. The same result must follow in view of the decision in A. K. Kraipak's case, even if the power to impound a passport were regarded as administrative in character, because it seriously interferes with the constitutional right of the holder of the passport to go abroad and entails adverse civil consequences.”

 

Extract from Page No – 15 & 16

”The life of the law is not logic but experience. Therefore, every legal proposition must in the ultimate analysis be tested on Me touch-stone of pragmatic realism.

The audi alteram partem rule may, therefore, by the experiential test, be excluded, if importing the right to be heard has the effect of paralysing the administrative process or the need for promptitude or the urgency of the situation so demands. But, at the same time, it must be remembered that this is a rule of vital importance in the field of administrative law and it must not be jettisoned save in very exceptional circumstances where Compulsive necessity so demands. It is a wholesome rule designed to secure the rule of law and the Court should not be too ready to eschew it in its application to a given case. The Court must make every effort to salvage this cardinal rule to the maximum extent permissible in a given case. The audi alteram partem rule is not cast in a rigid mould and judicial decisions establish that it may stiffer situational modifications. The core of it must, however, remain, namely, that the person affected must have reasonable opportunity' of being heard and the hearing must be a genuine hearing and not an empty public relations exercise.”

Extract from Page No – 51 & 52

In England, the rule was thus expressed by Byles J. in Cooper v. Wandsworth Board of Works [1863 (14) C.B. (N.S.) 180]

"The laws of God and man both give the party an opportunity to make his defence, if he has any. I remember to have heard it observed by a very learned man, upon such an occasion, that even God himself did not pass sentence upon Adam before be was called upon to make his defence. "Adam (says God), "where art thou ? Hast thou ? not eaten of the tree whereof I commanded thee that thou shouldest not eat And the same question was put to Eve also."

Extract from Page No – 52 & 53

“It appears to me that even executive authorities when taking administrative action which involves any deprivations of or restrictions on inherent fundamental rights of citizens must take care to see that justice is not only done but manifestly appears to be done. They have a duty to proceed in a way which is free from even the appearance of arbitrariness or unreasonableness or unfairness. They have to act in a manner which is patently impartial and meets the requirements of natural justice.”

 

Extract from Page No – 54 & 55

”The procedure prescribed by law has to be fair, just and reasonable, not fanciful, oppressive or arbitrary. The question whether the procedure prescribed by a law which curtails or takes away the personal liberty guaranteed by article 21 is reasonable or not has to be considered not in the abstract or on hypothetical considerations like the provision for a full-adressed hearing as in a Courtroom trial, but in the context, primarily, of the purpose which the Act is intended to achieve and of urgent situations which those who are charged with the duty of administering the Act may be called upon to deal with. Secondly, even the fullest compliance with the requirements of article 21 is not the journey's end because, a law which prescribes fair and reasonable procedure for curtailing or taking away the personal liberty guaranteed by article 21 has still to meet a possible challenge under other Provisions of the Constitution like, for example, articles 14 and 19.”

 

Extract from Page No – 56

“The culmination of this thought process came in the Bank Nationalisation Case (supra) where it was held by the majority, speaking through Shah J., that the extent of protection against impairment of a fundamental right is determined by the direct operation of an action upon the individual's rights and not by the object of the legislature or by the form of the action. In Bennett Coleman [1973] 2 SCR 757 the Court, by a majority, reiterated the same position by saying that the direct operation of the Act upon the rights forms the real test”

Extract from Page No – 76

Thus, the soul of natural justice is fair play in action' and that is why it has received the widest recognition throughout the democratic world. In the United States, the right to an administrative hearing is regarded as essential requirement of fundamental fairness. And in England too it has been held that 'fair play in action' demands that before any prejudicial or adverse action is taken against a person, he must be given an opportunity to be heard. The rule was stated by Lord Henning, M.R. in these terms in Schmidt v. Secretary of State for Home Affairs [1969] 2 Chancery Division 149 :-where a public officer has power to deprive a person of his liberty or his property, the general principle is that it has not to be done without his being given an opportunity of being heard and of making representations on his own behalf". The same rule also prevails in other Commonwealth countries like Canada, Australia and New Zealand. It has even gained access to the United Nations.

Extract from Page No – 80

This Court, speaking through Hegde, J., in ,I. K. Kraipak's case quoted with approval the above passage from the judgment of Lord Parker, C.J., and proceeded to add : "The aim of the rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. These rules can operate only in areas not covered by any law validly made. In other words they do not supplant the law of the land but supplement it-Till very recently it was the opinion of the courts that unless the authority concerned was required by the law under which it functioned to act judicially there was no room for the, application of the rules of natural justice. The validity of that limitation is now questioned. If the purpose of the rules of natural justice is to prevent miscarriage of justice One fails to see why those rules should be made inapplicable, to administrative enquiries. Often times it is not easy to draw the line that demarcates administrative enquiries from quasi-judicial enquiries. Enquiries which were considered administrative at one time are now being considered as quasi-.judicial in character. Arriving at a just decision is the aim of both quasi- judicial enquiries as well as administrative enquiries. An unjust decision in an administrative enquiry may have more far reaching effect than a decision in a quasi- judicial enquiry.

 

Extract from Page No – 81

The law must, therefore, now be taken to be well settled that even in an administrative proceeding, which involves civil consequences, the doctrine of natural justice must be held to be applicable.
 

Conclusion

Thus with this SC judgment of 1978, law is well settled that the Magistrate in Securitisation Act has to extend reasonable opportunity for real hearing to the borrower. Since such views were not held by the Judges and the Advocates in DRTs, we were referring to this judgment. Since they had no time to go through this 200 page judgment, we have now given full text on our web site, with important portion marked in Red as well as above our comments. The borrowers and guarantors should go through at least the portions marked in Red and show the same to their advocates.

 

(2) Completion of 5 Years of Weekly Mails 

 

We have received several mails and phone calls conveying congratulations on completion of 5 years of our weekly mails which have become quite popular among borrowers, guarantors,  advocates, judges and bankers. We are highly thankful to them. Its constant interactions with them which provides the material for these weekly mails. We are committed to try to throw light on the solutions mainly for the defence of borrowers and guarantors who are made to fight against all odds with the mighty banks with the tool of law. Our these mails also carry a message to live healthy and happy life. We have now embarked on another journey for next 5 years.

 

(3) Milk is not Good for Health

 

Dr V.P. Bansal, M.B.B.S (Gold Medalist), M.D.(Allopathy),D.H.M.S.(Homoeopathy) from Indore Mobile: 91-9926020111 has sent the following useful information. Interestingly Mr Chauhan, the promoter of ‘New Diet System’ has already done pioneering work past more than 10 years and also termed milk as white poison. Yoganand whose video we shot at his active age of 102 also termed milk as deadly poison. As a result we have totally stopped taking milk, milk products and tea in our family and are requesting others to do so.

 

ONE GLASS (300MI) MILK CONTAIN  16GM FAT, 51MG CHOLLESTROL, BOVINE BACTERIA, FAECAL MATTER   & ACIDIC PROTEIN WHICH LEECHES CALCIUM FROM BONE 

 SIDE EFFECTS OF MILK

  1. LOSS OF CALCIUM FROM BONE 

  2. CORONARY HEART DIEASES

  3. DIABETIS

  4 CANCER

  5 ARTHIRITES

  6 OBESITY

  7 HYPO THYROID

  8 ASTHAMA

  9 LOSS OF IMMUNITY

  10 CHILDREN  RESPIRATORY DISEASED

  11  AND MANY MORE......

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DRT Solutions Weekly Mail – 262nd Issue dated 17th 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 – Court, Tribunal, DRT, Counter-claim & Appeal 

Nahar Industrial Enterprises vs Honkong & Shanghai Banking Corp. decided on 29.07.09 by Supreme Court of India, Judges – S.B. Sinha & Ashok Kumar Ganguly, Civil Appeal No : 4796 of 2009

DRT Solutions Citation –  DRTS-013-Nahar vs HSBC-2009

                                                http://www.drtsolutions.com/Nahar-HSBC-Counter-claim-Appeal.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-013.

Comments by DRT Solutions

An Important Supreme Court Judgment about Tribunal, Court, DRT, Transfer from Court to Tribunal, Counter-claim and Appeal

The full text of the judgment is given http://www.drtsolutions.com/Nahar-HSBC-Counter-claim-Appeal.htm with important portions marked in Red on pages 29, 35, 36, 38, 43, 44, 45, 49 to 52, 54, and 55. If the borrower litigants find that the adjudication of their counter-claim is not being done properly, based on this judgment, they should request DRT to transfer the said counter-claim to civil court in the interest of justice, equity and good conscience. They will not only get complete justice but their right to appeal will be safe guarded without any deposit. Since in all the cases, the amount of counter-claim is much more than the claim of the bank, there is ‘No Debt Due’ and hence until and unless the counter-claim is decided, no recovery action can be initiated against any decision of the DRT. The following are the important aspects:- 

(1)   The ‘Tiwari Committee’ constituted by the RBI in 1981 first proposed establishment of Tribunals for expeditious recovery of bank overdues. The said committee recommended that these tribunals should be manned by persons (i.e. the Advocates and the Judges) having knowledge and experience in banking, industry and finance. Till date (even after 20 years of establishment of DRTs) the said recommendation has not been implemented. On one hand, huge court fee and other charges are being collected by the DRTs, no money is being spent on the training of the Judges and the Advocates on the essential knowledge of banking, industry and finance. This is clearly affecting award of justice particularly to the borrowers and guarantors. 

(2)   The Supreme Court of India, 15 years back laid down the law that the Tribunals be transferred from control of the Administrative  Ministry (i.e. Ministry of Finance in case of the DRTs) to Ministry of Law. Till date even after the SC verdict, the DRTs are not being transferred from the control of Ministry of Finance to Ministry of Law. The Ministry of Finance continues to post bank officials as DRT Judges and Recovery Officers. The Ministry of Finance continues to hold regular meetings with the DRT  Judges asking them to expedite bank recoveries. All these are open violations of Principles of Natural Justice which are governing the DRT Act and the Securitisation Act. Under such facts and circumstances, the borrowers and guarantors can not expect justice. 

(3)   The DRT Act was enacted in 1993. The provision of counter-claim in this Act was incorporated in 2000 and is exactly the same as in CPC 1908. In CPC itself such provision was made in 1976. The salient features of the counter-claim are as under:- 

(a)   The counter-claim is the suit filed by the borrower. Whereas the banks are bound to file their claim for adjudication in DRTs, the borrowers are not bound to do so. The bar of civil court vide section 18 of the DRT Act applies to the banks only. 

(b)   Further as per Section 19(11) of the DRT Act, “Where a defendant sets up a counter-claim and the applicant contends that the claim thereby raised ought not be disposed of but by way of counter-claim but in an independent action, the applicant may, at any time before issues are settled in relation to the counter-claim, apply to the Tribunal for an order that such counter-claim may be excluded, and the Tribunal may, on the hearing of such application, make such order as it thinks fit.”   

(c)   In view of above, either the DRT has to adjudicate the counter-claim following the established procedure laid down in the CPC or transfer the case to the civil court. 

(d)   Since the amount of counter-claim is much more than the claim of the bank, there can not be any recovery action as there is ‘No Debt Due’ till the counter-claim is fully adjudicated upon either by the DRT or by the civil court. 

(4)   While all out emphasis has been laid on expeditious adjudication and enforcement of securities to free blocked public funds, an important aspect has not been paid attention. If all these matters are so important, the banks and the financial institutions have to be always careful and ever vigilant to avoid such actions which will delay the matters in court of law. The RBI has emphasized all these aspects since 1976 but the bank bureaucracy has not been serious in respect of e.g. signing of blank documents, execution of proper documents, eliminating questionable one side documents, providing copy of complete set of documents executed, timely sanction of needed funds, timely revival, restructure and rehabilitation, avoiding questionable delays, strict observance of RBI Guidelines and Govt policies, strict  observance of duty of care, strict observance of Supreme Court leading judgments like Kripack, Maneka Gandhi, Mardia etc., proper determination of NPA as per RBI Guidelines, proper process for initiation of declaration of willful defaulters, proper conduct and actions of the Authorised Officers, strict legal audit by independent auditor before issue of notice u/s 13(2), 13(4), application u/s 14 and any appeal, transfer of DRTs from Ministry of Finance to Ministry of Law etc. If all these are strictly enforced, the consequent cases filed before DRT will be expeditiously decided. Further the burden of unnecessary cases on DRTs and Civil Courts will come down heavily. Under such circumstances only there will be expeditious recovery. Otherwise the present system of mindless litigation and unsatisfactory recovery will continue.     

(5)   The bureaucracy in banks and financial institutions instead of correcting themselves and devising remedial internal measures are more inclined to secure stronger legal powers, having controls on DRTs through Ministry of Finance by  appointing bank officers as Judges and Recovery Officers  in DRTs and blaming others. It is like if you point out one finger to others, you forget that three fingers are pointing towards you. 

(6)   Since the banks and financial institutions are less likely to correct themselves, the legal compulsions like damages and counter-claims will alone force them to do so. 

(7)   The full text of this useful judgment is given http://www.drtsolutions.com/Nahar-HSBC-Counter-claim-Appeal.htm with important portions marked in Red on page 29, 35, 36, 38, 43, 44, 45, 49 to 52, 54, and 55. 

(2) Landmark Judgment on the Role of DRT  

In a news item dated 04.08.09, the judgment dealt by us in Sl No 1 above has been termed as Landmark Judgment on the role of DRT. The said news item is reproduced below:-

http://indiacorplaw.blogspot.in/2009/08/landmark-judgment-on-role-of-debt.html 

The role of the Debt Recovery Tribunal has been the subject of a great deal of controversy. Some aspects of this issue have been discussed on this blog. The main question has been whether an independent suit filed by a borrower against a bank in a civil court could be transferred to the DRT as a “counterclaim” against his wishes. The law on the point was uncertain, with several conflicting judgments. Last week, the Supreme Court put the controversy to rest with a comprehensive and well-reasoned judgment. A copy of the decision, Nahar Industrial Enterprises Ltd. v. HSBC, is available here.

The case concerned several appeals that had been filed against decisions of various High Courts on this question. Some had held that an independent suit was not barred, while others had held that it was, and transferred it to the appropriate DRT. To briefly recapitulate the context, s. 17 of the RDB 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”. S. 18 ousts the jurisdiction of all courts except on writ jurisdiction to hear matters that form the subject of s. 17. Originally, the RDB Act did not contain any provision that allowed the borrower to raise a counter claim or set off. S. 19 of the Act was amended, and the law as it stands today allows a borrower to raise those issues as well. Consequently, some courts began holding that an independent suit may constitute a “counterclaim” for the purposes of s. 19 and is consequently liable to be transferred. 

The two main, and conflicting decisions on the point prior to Nahar were Indian Bank v. ABS Marine Products, (2006) 5 SCC 72 and SBI v. Ranjan Chemicals Ltd., (2007) 1 SCC 97. ABS Marine had held that an independent suit cannot be transferred without the consent of the borrower even if it inextricably connected with the bank’s suit and is in the nature of a counter claim. Ranjan Chemicals had held that the consent of the parties is not a limitation on the power of the court to order a transfer. 

In Nahar, the Supreme Court held that Ranjan Chemicals could not have departed from the law laid down in ABS Marine, as it was a decision of a coordinate Bench. The Court also seems to have accepted the argument that s. 31 of the DRT Act is exhaustive of the powers of transfer under the Act. Substantively, the Court agreed with the reasoning that a DRT is incapable of adjudicating complex issues of law and fact. It noted that a Tribunal that has the “trappings” of a court is not necessarily a court, and approved decisions that had held that the DRT is not a court. Moreover, the DRT cannot issue a decree, but only a recovery certificate. Although a DRT is empowered to take evidence in a detailed manner, the Court observed that its function is intended to make this the exception and not the rule. Thus, the position is that the DRT is not a civil court for the purposes of ss. 23, 24 and 25 of the CPC. Nor is it subordinate to the High Court. The following observations are apposite: 

Concededly in the proceeding before the Debt Recovery Tribunal detailed examination; cross-examinations, provisions of the Evidence Act as also application of other provisions of the Code of Civil Procedure like interrogatories, discoveries of documents and admission need not be gone into. Taking recourse to such proceedings would be an exception. Entire focus of the proceedings before the Debt Recovery Tribunal centers round the legally recoverable dues of the bank… Under the Act, as it originally stood, did not even have any power to entertain a claim of set off or counter-claim. No independent proceedings can be initiated before it by a debtor. A debtor under the common law of contract as also in terms of the loan agreement may have an independent right. No forum has been created for endorsement of that right. Jurisdiction of a civil court as noticed hereinbefore is barred only in respect of the matters which strictly come within the purview of Section 17 thereof and not beyond the same. The Civil Court, therefore, will continue to have jurisdiction” [emphasis supplied]. 

The Court evolved two other important propositions. The first is the well-settled principle that a bar on the jurisdiction of the civil court is not to be readily inferred. The second, and more important, was the Court’s finding that since the right to appeal is a vested, statutory right by virtue of s. 96 of the CPC, the line of reasoning employed in Ranjan Chemicals would not only deprive the borrower of his right to sue, but also of his right to appeal.  

In sum, the Court has not only reached the correct conclusion, but also finally clarified the law on DRTs with a well-reasoned and authoritative judgment. Worries remain, however, that the judgment may be used by borrowers as a tool to stall the efficacy of DRTs. -

(3) Latest Cancer Information from John Hopkins  

Dr V.P. Bansal, M.B.B.S (Gold Medalist), M.D.(Allopathy),D.H.M.S.(Homoeopathy) from Indore Mobile: 91-9926020111 has sent the following useful information. Interestingly Mr Chauhan, the promoter of ‘New Diet System’ has already done pioneering work past more than 10 years and proposed that we should take only the raw natural products like fruits and vegetables when we are hungry. He termed milk as white poison. He came out with a remarkable suggestion of daily 6 hours fasting as soon as we wake up in the morning.  

LATEST CANCER INFORMATION
from Johns Hopkin

AFTER YEARS OF TELLING PEOPLE CHEMOTHERAPY IS THE ONLY WAY TO TRY AND ELIMINATE CANCER, JOHNS HOPKINS IS FINALLY S
TARTING TO TELL YOU THERE IS AN ALTERNATIVE WAY …


1. Every person has cancer cells in the body. These cancer cells do not show up in the standard tests until they have multiplied to a few billion. When doctors tell cancer patients that there are no more cancer cells in their bodies after treatment, it just means the tests are unable to detect the cancer cells because they have not reached the detectable size.

2. Cancer cells occur between 6 to more than 10 times in a person's lifetime.

3. When the person's immune system is strong the cancer cells will be destroyed and prevented from multiplying and forming tumors.

4. When a person has cancer it indicates the person has multiple nutritional deficiencies. These could be due to genetic, environmental, food and lifestyle factors.

5. To overcome the multiple nutritional deficiencies, changing diet and including supplements will strengthen the immune system.

6. Chemotherapy involves poisoning the rapidly-growing cancer cells and also destroys rapidly-growing healthy cells in the bone marrow, gastro-intestinal tract etc, and can cause organ damage, like liver, kidneys, heart, lungs etc.

7. Radiation while destroying cancer cells also burns, scars and damages healthy cells, tissues and organs.

8. Initial treatment with chemotherapy and radiation will often reduce tumor size. However prolonged use of chemotherapy and radiation do not result in more tumor destruction.

9. When the body has too much toxic burden from chemotherapy and radiation the immune system is either compromised or destroyed, hence the person can succumb to various kinds of infections and complications.

10. Chemotherapy and radiation can cause cancer cells to mutate and become resistant and difficult to destroy. Surgery can also cause cancer cells to spread to other sites.


11. An effective way to battle cancer is to STARVE the cancer cells by not feeding it with foods it needs to multiple.

What cancer cells feed on:

a. Sugar is a cancer-feeder. By cutting off sugar it cuts off one important food supply to the cancer cells. Note: Sugar substitutes like NutraSweet, Equal, Spoonful, etc are made with Aspartame and it is harmful. A better natural substitute would be Manuka honey or molasses but only in very small amounts. Table salt has a chemical added to make it white in colour. Better alternative is Bragg's aminos or sea salt.


b. Milk causes the body to produce mucus, especially in the gastro-intestinal tract. Cancer feeds on mucus. By cutting off milk and substituting with unsweetened soy milk, cancer cells will starved.

c. Cancer cells thrive in an acid environment. A meat-based diet is acidic and it is best to eat fish, and a little chicken rather than beef or pork. Meat also contains livestock antibiotics, growth hormones and parasites, which are all harmful, especially to people with cancer.

d. A diet made of 80% fresh vegetables and juice, whole grains, seeds, nuts and a little fruits help put the body into an alkaline environment. About 20% can be from cooked food including beans. Fresh vegetable juices provide live enzymes that are easily absorbed and reach down to cellular levels within 15 minutes t o nourish and enhance growth of healthy cells.

To obtain live enzymes for building healthy cells try and drink fresh vegetable juice (most vegetables including bean sprouts) and eat some raw vegetables 2 or 3 times a day. Enzymes are destroyed at temperatures of 104 degrees F (40 degrees C).

e. Avoid coffee, tea, and chocolate, which have high caffeine. Green tea is a better alternative and has cancer-fighting properties. Water--best to drink purified water, or filtered, to avoid known toxins and heavy metals in tap water. Distilled water is acidic, avoid it.

12. Meat protein is difficult to digest and requires a lot of digestive enzymes. Undigested meat remaining in the intestines will become putrified and leads to more toxic buildup.

13. Cancer cell walls have a tough protein covering. By refraining from or eating less meat it frees more enzymes to attack the protein walls of cancer cells and allows the body's killer cells to destroy the cancer cells.

14. Some supplements build up the immune system (IP6, Flor-ssence, Essiac, anti-oxidants, vitamins, minerals, EFAs etc.) to enable the body's own killer cells to destroy cancer cells. Other supplements like vitamin E are known to cause apoptosis, or programmed cell death, the body's normal method of disposing of damaged, unwanted, or unneeded cells.

15. Cancer is a disease of the mind, body, and spirit. A proactive and positive spirit will help the cancer warrior be a survivor.

Anger, unforgiving and bitterness put the body into a stressful and acidic environment. Learn to have a loving and forgiving spirit. Learn to relax and enjoy life.

16. Cancer cells cannot thrive in an oxygenated environment. Exercising daily, and deep breathing help to get more oxygen down to the cellular level. Oxygen therapy is another means employed to destroy cancer cells.

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DRT Solutions Weekly Mail – 261st Issue dated 10th May ‘13

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


 

(1) Important & Useful Judgment of the Supreme Court – DRTs even can go beyond CPC 

 

ICICI Ltd vs Grapco Industries Ltd decided on 14.05.99 by Supreme Court of India, Judges – D. P. Wadhwa & S. Sagir Ahmed, Case No : 3167 of 1999

Citations - 1999 (3) Scale 674 : 1999 (4) SCC 710 : 1999 (2) UJ(SC) 1010 : 1999 AIR(SCW) 1664 : 1999 AIR(SC) 1975 : 1999 (5) Supreme 547 : 1999 (3) JT 619

DRT Solutions Citation –  DRTS-012-ICICI vs Grapco-1999

                                                         http://www.drtsolutions.com/ICICI-Grapco.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-012.

Comments by DRT Solutions

An Important Supreme Court Judgment laying down that DRTs can even go beyond CPC

(a)   The full text of the judgment is given below with important portions marked in Red vide linkhttp://www.drtsolutions.com/ICICI-Grapco.htm As per the Section 22 of the DRT Act, the DRT and DRAT shall not be bound by the procedure laid down by the CPC but shall be guided by the principles of natural justice. The general impression was that the CPC is not applicable in DRTs.

(b)   But as per this Supreme Court judgment, the DRTs can even go beyond CPC. Hence whenever our clients pointed out that the POs in DRTs were not permitting application of CPC, 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 portions marked in Red, which are self explanatory. The said Red portions from Para Nos   are reproduced below.

(c)   It is relevant to point out that the CPC is nothing but codification of the principles of natural justice. Hence in the interest of  justice and depending on the facts and circumstances, the DRTs will have to follow not only the CPC but as per the law laid down in this Supreme Court judgment, the DRTs can even travel beyond CPC.

 

Extract from  Para 7

“For all intent and purpose, an application (u/s 19 of the DRT Act) is like a plaint in civil suit and applicant would be plaintiff and respondent a defendant. The details which are required to be given in the application in substance conform to the requirements of a plaint under the Code of Civil Procedure. - - -it may perhaps be better to describe the applicant as a plaintiff, an application as a plaint and respondent as defendant.”

Extract from  Para 11

“When Section 22 of the Act says that the tribunal shall not be bound by the procedure laid by the Code of Civil Procedure, it does not mean that it will not have jurisdiction to exercise powers of a court as contained in the Code of Civil procedure. Rather, the tribunal can travel beyond the Code of Civil Procedure and the only fetter that is put on its powers is to observe the principles of natural justice.”


 

(2) Court Judgments – Important, Useful & Favourable to Borrowers & Guarantors  

We have so far published 12 important, useful and favourable judgments on our web site in full text with comments as well as important portions marked in Red. Many of our clients and their advocates have appreciated these valuable judgments. Encouraged by such feedback, we are adding one such judgment every week. Instant availability on our web site has proved a great utility and valuable instant resource for the practicing DRT advocate. The titles of the relevant web pages and URLs have been technically chosen in such a manner so that the search engines will rank the same for most easy search. Our citation i.e. DRTS-000-Names of Parties-Year of Decision also will make the referencing an easy and convenient task. We invite comments and suggestions for further improvements, if any.


 

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

 

We published the following news item in our last weekly mail. Accordingly we have received lot of good wishes, appreciations and felicitations for successful completion of past 5 years of weekly mails. We profusely thank such readers.  

 

“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.”

 

(4) “The Seven Spiritual Laws of Success” by Deepak Chopra   

 

Mr Firoz Poonawalla has sent the following valuable information:-

 

‘The universal mind choreographs everything

that  is  happening in billions of galaxies with

elegant  precision  and unfaltering intelligence.’

The  Law of Pure Potentiality

The source of all creation is pure potentiality seeking

expression from being  unmanifest  to  manifest.

How do we bring  this law into effect in our life ?

By taking time to be silent, to just Be.

By sitting alone in silent meditation for  half

an hour in the morning and in the evening.

By taking time each day to commune with nature, silently. witness the intelligence within each living thing and

by enjoying the life throb of nature’s unbounded creativity

By being non-judgmental

The  Law of Giving

The universe operates through dynamic exchange…

giving and receiving are different aspects of the flow of

energy in the universe.

Our willingness to give that which we seek keeps the

abundance of the universe circulating in our lives.

How do bring this law into effect in our life ?

By  giving a gift to whoever we meet. It may be a flower

a compliment or a prayer…. This will begin the process

of circulating joy, wealth and affluence in our life and

in the life of others

By gratefully accept all the gifts that life has to offer . The sunlight, the song of birds, the monsoon rain….Also by receiving  gifts that others may offer, be it material gifts

a compliment or a prayer.

By making a commitment to keep wealth  circulating  by giving and receiving life’s most precious gifts,

of  caring, affection, appreciation and love and by silently

wishing  happiness  joy and laughter each time

we  meet  someone

The  Law  of Karma

Every action generates a force of energy that returns to us

in like kind. Our thoughts, our words and deeds are the thread of the net which we throw around ourselves

How do  we  bring  this  law into effect in our life ?

By  being  a  witness to the choices we make each moment

and  bringing  them to our conscious awareness.

By  asking  ourselves  ‘What are the consequences of this choice,  will this choice bring fulfillment and happiness to me and to those who are affected by it ?’

By  seeking  guidance and  being  guided by its

message of comfort or discomfort.

By considering the consequences of our actions or words and  making corrections if need be.

The  Law of  Least  Effort

Nature’s intelligence functions with effortless ease,

with  carefreeness,  harmony and love.

When we harness the forces of harmony, joy and love

we create success and good fortune with effortless ease.

How do we bring this law into effect in our life ?

By  accepting totally and completely people, situations, events and circumstances as they occur and to accept each moment as it is and not as we’d wish it to be.  .

By taking responsibility for those of our situations that we see as problems and not  blaming others or ourselves. Every problem is an opportunity in disguise and allows us to take the opportunity to transform it into a greater benefit

By relinquish the need to defend our point of view or to convince or persuade others to accept it. And yet to be open and consider other points of view.

The Law of Intention and Desire

Inherent in every intention and desire is the mechanism

for its fulfillment.

When we introduce an intention in the fertile ground of pure potentiality, we put this infinite organizing power to work for us.

How do we bring this law into effect in our life ?

By   making a list of our desires and by referring to this list before we begin our meditation, also by referring to it before going to sleep and on waking up.

By trusting and surrendering ourselves to creation when things don’t seem to go our way and to know that there is a reason for this. And that the cosmic plan has designs for us

greater  than  those we have conceived for ourselves

By keeping to the present moment with awareness and not  allowing  obstacles to  dissipate the quality of our intention and desires from being manifested.

The Law of Detachment

In  detachment  lies the wisdom of uncertainty and freedom from our past conditioning. This allows us to step into the unknown field of possibilities and to surrender ourselves to the creative mind of the universe.

How do we bring this law of into effect in our life ?

By committing to detachment we allow ourselves and others to be as they are, and not force solutions on problems  by creating new problems.

By willingly accepting uncertainty, solutions spontaneously emerge to our problems of confusion and disorder.

By being open to all possibilities, we experience the joy, adventure and the mystery of life.

The Law of Purpose of Life

Every one has a purpose in life….it may be a special gift…

a special talent…..when we blend this gift or talent with others and for others, we experience exultation of our spirit.

This is our ultimate goal and the reason for our being in a  physical form.

How do we bring  this  law into effect in our life?

By  nurturing the deep stillness within ourselves that will awaken our mind to the consciousness of eternal timelessness midst of time-bound experiences.

By  expressing  our talents and  using them for  humanity, we  create abundance in our life and in the life of others.

By asking ourselves daily ‘How can  I serve ? ‘  and ‘How can I help?’ The answer to these questions will allow us

to serve and help our fellow human beings with love.

 These pages are from                          

The Seven Spiritual Laws of Success  By Deepak Chopra.

 I have condensed the book of a hundred pages to eight,

 in the hope that  this will  motivate the reader  [by this I

 also mean my family] to read the original. Enjoy.

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

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

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

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

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

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

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

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

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

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

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

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

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

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