DRT  Legal  Solutions

(Debts Recovery Tribunal Legal Solutions) is an India based

Law Firm specializing in DRT, Securitisation, Sarfaesi, IBC, NCLT, Borrowers and Guarantors Solutions in Debts Recovery Tribunals,

Pioneers in Counter-claims and Damage Suits based on Law of Torts and Law of Damages 

Phones (India) - Mobile - +91-9691103689, Off. & Res. +91-731-4049358

E-mail :- ramkishandrt@gmail.com  Web Site :- www.drtsolutions.com

 DRT Solutions Weekly Mail - 271st to 280th Issues

HomeContentsProducts & ServicesFrequently Asked QuestionsUseful Article-BorrowersUseful Article-GuarantorsRBI GuidelinesNotes-Law of TortsNotes-DamagesMiniArticles-Letters to EditorUseful Interactions with Clients & VisitorsSecuritisation Act-CommentsAbout Us-DRT SolutionsUseful Tips for DRT Advocates|| 138 NI Act Cheque Dishonour Cognizance Acquittal | NCLT, National Company Law Tribunal, BIFR, SICA  |  Video Interview - BS Malik, Sr. Supreme Court AdvocateLegal Forum of IndiaSuccess & Results of Our GuidanceDRT Orders in favour of Borrowers & GuarantorsNPA, Debt due, Rehabilitation of Sick SME IndustriesOur Replies to Queries  on Current DRT Matters, Court Decisions etc.Measure of damages & Calculations under Torts & ContractsVideo Interview - GC Garg, Ex-Senior Bank OfficialSolar Healing, Yoga, Projector, Rebirth etc.Swami Ramdev, Yoga Guru, Cure for All Diseases, Medical Science RevolutionCourt Technologies IT Presentation Video ArgumentsArchiveDRT Solutions Weekly Mail for Borrowers & Guarantors   All India DRT Conference 2011 at IndoreArticle by Ram Kishan on Management & Technology in Indian JudiciarySARFAESI Securitisation Securitization Actar SA NPADRT Judgments Favourable / Useful to Borrowers  DRT Solutions - Site Map for Borrowers & GuarantorsTransform India with Modi-DRT Solutions SuggestionsLaughter Yoga by Ram Kishan, IndoreDr Kataria Indore Visit - Plan, Progress & Record  Keto Diet Vegan I.F.- Personal Experience Age 79 Yrs

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

 

 

 

DRT Solutions Weekly Mail – 280th Issue dated 20thSeptember ’13

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

(1) Useful Feedback from a Borrower Litigant in DRT 

Recently one of the borrowers facing litigation in DRT narrated his following experience which could be an eye opener to others:-

(a)   A financial consultant assured the borrower that he had very good relations with the top management of the lender bank and hence would arrange most economical settlement. Further the said consultant advised the borrower that he would also deal with the DRT litigation. The borrower fell into the trap and assigned the entire matter to the said consultant

(b)   The borrower went through our web site and during phone discussions desired our comments on the above arrangement. We advised him to be careful, alert and vigilant. We emphasized that he should attend all the dates in DRT and should go through the proceedings recorded. He should go through all the replies submitted by the bank.

(c)   The borrower did not heed to our advise and left entire matter to the said consultant and his advocate.

(d)   Recently the borrower informed that he lost the Securitisation Case in DRT, He found that the said consultant and his advocate colluded with the bank officials.

(e)   In several weekly mails as well as in several pages in our web site, we have cautioned the litigant borrowers to be always vigilant and alert. They should have sittings with their advocates at least a week in advance. We ask our clients to discuss with us the outcomes of the said sittings. As soon as the hearing is over, we ask our clients to keep us posted with the proceedings. We ask them to take out certified copies of the said proceedings and mail to us so that we may render suitable guidance and advice whenever needed.

(f)    Had the borrower heeded to our advice and gone through our weekly mails and the web site, he would have not lost the case in DRT.  

(2) RBI Governor & Finance Ministry to Stem Rising Bad Loans 

The following news item of 18.09.13 is informative and is self explanatory:-

RBI governor Raghuram Rajan, FinMin to stem rising bad loans

By Dheeraj Tiwari, ET Bureau | 18 Sep, 2013, 06.07AM IST

http://economictimes.indiatimes.com/news/economy/policy/RBI-governmor-Raghuram-Rajan-FinMin-to-stem-rising-bad-loans/articleshow/22671808.cms

NEW DELHI: The Reserve Bank of India (RBI) governor Raghuram Rajan and the finance ministry will work out measures to stem the rising bad loans and ways to strengthen the banking sector.

In an hour-long meeting on Tuesday, Rajan and financial services secretary Rajiv Takrudiscussed new banking licences, the proposed Bhartiya Mahila Bank, financial inclusion and other banking sector reforms, an official told ET.

Ahead of his maiden monetary policy review, Rajan also met prime minister Manmohan Singh and finance minister P Chidambaram as the government readies a set of measures based on different scenarios when the US Fed decides to taper the stimulus.

The series of measures are likely to be announced by Chidambaram over the next few days. "Discussed a gamut of issues with the finance minister," said Rajan after his meeting with the finance minister. The rise in wholesale inflation to a six-month high 6.1% in August has made it difficult to cut rates to stimulate growth that is projected to fall to 4% this year. Both Rajan and Chidambaram have favoured consolidation among the 26 state-run banks.

"It was an informal meeting. A host of issues were discussed," said Takru, adding that the finance ministry will again hold discussions with RBI after the monetary policy is announced on August 20.

"We are going to meet Indian Banking Association (IBA) later this month. More measures will be announced after the discussions," added Takru.

The meeting can also set stage for more financial and managerial autonomy for bank boards, and additional powers to recover bad loans through the Debt Recovery Tribunals or SARFESI Act. The non-performing accounts or bad loans of state run banks rose to 3.84% of advances at the end of March from 2.32% in March 2011, forcing the ministry to look into the issue.

The finance ministry has been pushing banks to focus on their top 30 non-performing assets or NPAs. As on March 2013, top 30 NPAs of state-run banks are worth Rs 61,123 crore and constitute for 39.7% of their gross NPAs.

Earlier, Takru had said that banks will take strict action against wilful defaulters. He had warned that promoters who are wilful defaulters are likely to lose control or management of their companies. "If the companies don't shape up, they should ship out," he had said.

(3) Corruption Scares Away Foreign Investors 

The following news item of 18.09.13 is informative and is self explanatory:-

Corruption scares away foreign investors

NILANJAN BANIK

http://www.thehindubusinessline.com/opinion/corruption-scares-away-foreign-investors/article5142291.ece

To stem corruption, there is need for political and judicial reform.

India still ranks high in terms of corruption. Transparency International publishes a report in which it ranks countries on the basis of corruption.

Last year, ‘corruption perception index’ ranked India ranked 94 out of 176 countries. India earned a very low score of 36 on a scale from 0 (most corrupt) to 100 (least corrupt) with the cause of corruption principally attributed to the amount of bribe being paid to government officials.

Although there is no specific macro-level study quantifying the impact of corruption on a country’s growth rate, there is a strong correlation between rich countries and the lower level of corruption.

Countries such as Denmark, Finland, Sweden and Singapore, are some of the richest economies in the world and with minimal levels of corruption.

At another extreme, we find economically poor countries such as Somalia, Afghanistan and Myanmar, with very high levels of corruption. Countries like Italy, Greece and Ireland, which are mired in financial crisis, have fallen rapidly in terms of their ranking on the corruption index.

JUDICIAL REFORM

Since the corruption index is based on perception, countries with higher corruption are also less attractive for foreign firms. Richer countries are the more trusted ones in terms of foreign direct investment (FDI) inflow. Scams and corruption in India have not only brought down our GDP growth, but have also resulted in lower FDI inflow. For 2008, India’s gross FDI inflow was $48 billion; it was down to $27 billion for 2013.

To stem corruption, there is need for both political and judicial reform. Investors will not be willing to invest if there is delay in settlement of disputes.

Recent data on disposal of court cases are not available. But in 2008, more than 50,000 cases in the Supreme Court; more than four million in the high courts, and over 27.5 million cases in subordinate courts were awaiting disposal.

Considering the total number of outstanding cases, every judge in the country will have an average load of about 2,147 cases. India has 14,576 judges as against the sanctioned strength of 17,641, including 630 high court Judges. This works out to a ratio of 10.5 judges per million population. This ratio is going to become more adverse with more and more people becoming literate.

For example, in a relatively more literate State, Kerala, there is an addition of 28 new cases per 1000 population per annum, as against three new cases per 1,000 population per annum in Bihar. Between 2005 and 2008, around 12 per cent (6,900 out of 57,000 cases) of the appeals were accepted for hearing in the Supreme Court.

For the US, this figure is around 1 per cent. It is easy to go in appeal from a lower court to a higher court, say, Supreme Court. This adds to the backlog. To improve the investment climate, judicial reforms are needed.

INSTITUTIONAL FACTORS

Now, to corruption, the political environment and the judiciary. The recent verdict by the Supreme Court banning a politician in jail or police custody to fight elections is a welcome move. Judgments on political issues should be delivered in a few years. Political funding is opaque and non-transparent. It is mobilised by looting the exchequer, extorting money from the public or by selling patronage.

Another alternative is creation of some institution that will shoulder part of the courts’ burden. The National Human Rights Commission and the Child Rights Commission have been set up because the judiciary failed to check the rise in atrocities. Similarly, institutions such as Election Commission, Telecom Regulatory Authority of India, Central Electricity Regulatory Commission, and the Securities and Exchange Board of India have set examples of good governance. Finally, the Public Procurement Bill 2012 is also expected to reduce number of scams arising from government procurement such as in the Common Wealth Games.

(The author is with Glocal University.)

(This article was published on September 18, 2013)

(4) Power and Importance of Fasting – Famous Swedish Fast Marches 

The following extract from the web site is highly informative and useful for health conscious persons. We got this reference in various books from IASS (International Association for Scientific Spiritualism, web sitewww.tap-seva-sumiran.com) Fasting results in increase in body strength, rejuvenation and enhancing longevity. Some of the publications of IASS are written by MBBS doctors. According to them, food is only a building material and is not source of energy. The source of energy is deep sleep.

Famous swedish fast marches

http://www.ipeerx.com/articles/category/10/message/210/.

 FAMOUS SWEDISH FAST MARCHES

In 1954 Sweden made headlines in the world press when eleven men walked from Gothenburg to Stockholm, a distance of about 300 miles, in ten days. During the whole march these men, who walked about 30 miles each day in rain or shine, did not eat any food at all!

They didn't drink any juices, did not take any drugs, tablets or vitamins—nothing but plain water!
This fast march created a sensation not only in Sweden but around the world. Not only the average man but even the medical doctors did not realize that man can go without food for ten days, especially under such a severe physical stress. Many have heard stories of flyers who crash-landed their airplanes in the wilderness then died from starvation after eight or nine days; or of the lost mountain climbers who were starved to death after a few days. This dramatic fast march was the shock that forced people to re-assess their thinking about fasting. It made them realize that man not only can be without food for ten days but he can even perform a physical feat which many would not be able to duplicate on a diet of fat steaks.

The Gothenburg-Stockholm march received unprecedented world publicity right from the beginning. The world was not prepared for anything of this nature. Several doctors expressed their opinion that fasters would never reach Stockholm—they would die on the road. Large headlines in all the newspapers talked about "insane, mad, crack-brained faddists." Doctors suggested stopping the project by force. Sweden's largest newspaper sent a medical doctor, a specialist in athletics and sports, to check the condition of the fasters after about five days of march. Disappointed by the fact that he could not find anything wrong with the seemingly healthy and happy men, the doctor made his now infamous statement: "They remind me of a man who jumped from a skyscraper and while passing the tenth floor said to himself 'Well, so far the flight is great!' "

Hundreds of thousands of people greeted the 11 men when they triumphantly marched into Stockholm. Medical check-ups, immediately after the march, several weeks and then several months later, showed that the men did not suffer any damage. Their weight loss was an average of 20 pounds per person, or two pounds a day.

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DRT Solutions Weekly Mail – 279th Issue dated 13thSeptember ’13

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

(1) Bankers’ View – Recovery of Bad Loans still a Struggle as Defaulters use Law to Delay Process 

The Bankers’ View regarding recovery of bad loans is illustrated by the following news item. Banks forget that the fight with the borrowers is that between the Mightiest with the Weakest. It is just like a well fed Wrestler is permitted to fight with a sick hungry child. It is known to everybody that the Child will be killed but fight is allowed to take place to ascertain the winner. The banks have well established law department without any financial restrictions for the legal expenses staffed with persons with knowledge and long experience aided by numerous outside advocates. Despite 15 years back verdict of the Supreme Court that the DRTs should be transferred from Ministry of Finance to Ministry of Law, the Ministry of Finance continues to post bank officials as Judges and Recovery Officers in DRTs, continues to hold regular meetings with the said Judges. Despite numerous SC verdicts that the cases should be settled with due compensation, the bank advocates continue to fight upto Supreme court even for petty matters. Special court like DRTs are created to expedite recovery instead of improving civil courts which are having more than 6 crores cases pending. Draconian laws like Securitisation Act are enacted to expedite recovery. The collaterals like single dwellings are being forcibly sold without bothering what happens to the family and children of the hapless borrower. Under such facts and circumstances, numerous farmers are committing suicides. 

On the other hand the usual DRT litigants do not have money even for survival leave alone the legal expenses. He does not have proper knowledge and experience in court battles. He is destined to be killed like a sick hungry child in the battle with strong well fed wrestler. 

On account of above most unequal fight, if some borrowers having knowledge and resources to fight put up a fight based on law and legal process, the bankers complain about the legal process for recovery. In future more and more such fights will become common and the banks will have to face huge counter-claims and damages. The borrowers will use the ultimate knowledge of the Constitution of India and Law of Torts to bring all the wrong doings committed by the bank bureaucracy to the notice of the DRTs. If there is faster recovery process in DRTs for the banks, same thing will happen for the borrowers’ counter-claim and damages.

Recovery of bad loans still a struggle as defaulters use law to delay process

By Anita Bhoir, ET Bureau | 28 Aug, 2013, 11.59AM IST

The problem of credit recovery is compounded due to the differences among lenders over possession of collateral.

MUMBAI: Banks say recovery of bad loans is getting even more difficult as corporate borrowers are increasingly engaging lawyers with the intent to further delay repayment. 

"Borrowers are hiring the best of lawyers to delay the process of loan recovery," a senior bank executive said, who did not wish to be named. "With the rise in non-performing loans, the pressure of recovery is mounting. However, promoter borrowers are delaying the process, " he added. 

For instance, the Calcutta High Court recently restricted 
SBIBSE -1.71 % from getting photographs of defaulters published in newspapers and magazines, saying it is "impermissible". The court said in its order that "such a common practice by secured creditors is an act that resorts to extra legal means in the process of enforcing their security interest under the Securitisation and Reconstruction of Financial Asset and Enforcement of Security Interest Act, 2002". 

The bank executive quoted earlier cited another instance, where SBI had placed the two wheeler manufacturing company Global Automobiles in the category of 'willful defaulters'. The company challenged this in court and won Rs 51,000 in damages from the bank. 

"We are facing difficulties in recovering debt from companies like Bengal Shelter & Housing Dev, Barnaparichay Book Mall, 
Big Boss Infotech, Elba Enterprises and National Moulding Co, as they have taken legal recourse. These are just few names," the same executive said. 

The problem of credit recovery is also compounded due to the differences among lenders over possession of collateral. In the three months to June, gross non-performing assets (NPAs) in the 
Indian banking system increased 12.02 per cent to Rs 2.06 lakh crore and made up 3.85 per cent of the total advances. 

The gross NPA ratio was 3.23 per cent at the end of March. Rating agency Standard and Poor's expects bad unilateral stays the registrars of the Debt Recovery Tribunal are granting to the borrowers without giving banks a proper hearing. 

The issue has been raised by us at a DRT 
forum at several occasions, where the finance ministry officials have been present," said a chairman of a public sector bank. "Borrowers also challenge the order passed by the DRT in the Debt Recovery Appellate Tribunal, delaying the process further. The tribunal is also short-staffed, which adds to the delay." 

The consortium-led lending model followed by banks has also added to the trouble. This was evident in the recent conflict between 
IDBI BankBSE -0.84 % and Kotak Mahindra BankBSE -1.83 % over the rights to sell the assets of debt-ridden Deccan Chronicle HoldingsBSE -4.15 %. 

The private lender has contested the claim of IDBI Bank on the rights over key trademarks of the Hyderabad-based ailing media house. "We should try to resolve our differences mutually. Instead of objecting to sale or any recovery proceeding, there is a need for co-ordinated action. We are still of 
the view that rather than coming in the way of the sale, we should sell whatever is left and share the proceeds among lenders," the same banker said. 

The spurt in bad loans has prompted 
finance minister P Chidambaram to warn corporate bigwigs against willful defaults, and say that it is the duty of promoters to bring in additional capital, if their companies get into trouble. 

"We cannot have an affluent promoter and a sick company," he had said in March. The banks have large exposures in sectors such as infrastructure and power, where projects generally face delays due to a host of issues, including a slow-moving clearance process. There are sticky loans in other sectors too, such as the Rs 7,000-crore exposure to grounded 
Kingfisher AirlinesBSE 1.50 %.

(2) Two Feedbacks on the News Item - New RBI Governor desires Efficient Loan Recovery through Accelerated Working of DRTs 

(A)  One of the active readers of our weekly mails and an ex-banker sent his comments on 6th instt on the said news item which are reproduced below:-- 

Dear Ram Kishanji, 

Good morning . All persons with 'RAM' can't be expected to deliver 'GOOD' or deliver 'NOBLE' result. You have quoted that new Governor of RBI Sri Raghu Raman has announced concerns  of functioning of DRT , growing NPA and has initiated steps to rectify , improve their functioning etc..... and special committees is also appointed under Dy.Governor Sri K.C Chakrabarthy for speedy recovery of NPA. And you have pinned hope that there will be drastic and fast changes in the functioning of DRT , recovery process etc.... 

2. Myself and Dr. K.C.Chakrabarthy were working together in the bank in 1985 to 1990 . He is basically Economist and has little knowledge about advances and financing of industry etc.... with promotion and change of banks , before he was selected as Dy Governor of RBI , he was CMD of Punjab National Bank....and in that year among all PSB of the country highest NPA was of PNB , even though he was selected as Dy Governor why...? He is from West Bengal ( Like our President Sri Pranav Mukharji.) .......In 2007 or 2008 same Sri K.C.Chakarabarthy committee report was prepared on SICK UNITS..... What happened ? No positive result in rehabilitation ...... And really what ever report on NPA now he will prepare will be :

(1) Not to find fault with bankers , (2) Not to consider bankers accountable, and or punishmnet to tentted bankers (3) Not to appoint Presiding Officer in DRT with banking knowledge or experience, (4)  Not to favor innocent borrower / guarantor ...(5) Not to focus recovery first from principal securities ......In short there will be no expected  miracle changes in present status and possibility of things going bad to worse can not be ruled out....only THE GOD CAN SAVE THE COUNTRY......FROM MANY EVILS INCLUDING  NPA  ........ all new GOVERNOR will make show that something new they will do..... SHOW MUST GO ON......Country's economy is under pressure from many forces from within and also from outside....

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(B)  Another reader of our weekly mails  sent his following comments on 10th instt on said news item. This gentleman came to us few years back. On account of scares financial resources, he could not afford our services. Normally for all our clients, our approach is first they have to take active interest in the litigation. After the initial battle when the process is fully under their control, we advise them to create sources for generation of wealth so that there is no problems of survival and also expenses for litigation are taken care of. With such approach, the bankers come forward for settlement. The settlements have been reached from 5% to 25% of the principal amount. In another case, recovery certificate was issued by DRT but it could not be enforced for 12 years and hence legally it became ineffective being beyond limitation. The entrepreneur had filed damage suit against the bank and the same is continuing. During this period, the entrepreneur created very good source of income. Thus there is no case of recovery. On the other hand, the bank is facing huge damage suit. There is no problem about survival and litigation expenses. We have been narrating all these cases to our clients. All depended on them as to how they applied this knowledge in their own case.

Clean-up act: Robust loan recovery takes centre stage - Our comments 

All borrowers, especially SME and individual, should be allowed to challenge Legality/wrongful NPA classification of accounts within a specified period of 45/60 days of NPA classification and also after issuance of Sarfaesi act 13(2) recall notice at Banking Ombudsman who should be specially empowered to investigate this aspect and deliver his verdict within 30 days. 

This would help the honest borrower to survive the onslaught of corrupt bank officials and ruining his entire life savings, business establishment, financial agony to his family and employees and most importantly avoid long drawn and expensive legal battle which will shut down his career/business and entire life’s savings. 

I am and SME and fighting a legal battle for past 7 years at DRT where even the hearing has not commenced. 5 years ago, Banking Ombudsman observed wrong and illegal NPA classification due to fraud, illegal Sarfaesi act invocation and actions but still refused to pass an order/award since it is matter of recovery under Sarfaesi act and bank filed frivolous OA at DRT and asked Banking Ombudsman to stop further intervention. 

By business is shut down since 2008, my entire life’s savings is lost by paying to lawyers and Rent, wages and electricity charges for the now defunct manufacturing unit. My family is living on handouts from family and friends. 

Warm regards, 

(3) Saving Democracy from the Democrats

Following article contains very useful information and is self explanatory:-

Saving democracy from the democrats

Zia Mody’s book is a good starting point to explore the tough questions pertaining to the Supreme Court and its importance

http://www.livemint.com/Opinion/XUPxbUlWXR94fpPyZIKVTJ/Saving-democracy-from-the-democrats.html 
First Published: Thu, Sep 05 2013. 07 49 PM IST

Judicial activism in India is largely a story of political failures. There is no other way to describe the role played by the Supreme Court and the high courts.

From prodding executive authorities to carrying out basic tasks to deciding momentous questions, India’s higher courts have only stepped in to fill the breach created by the executive and legislative branches. These failures are not new and, in fact, date to the first decades after Independence.

Zia Mody’s book—10 Judgements That Changed India—looks at these questions by examining significant judgements delivered by the Supreme Court. Mody’s catalogue of cases covers the ground well: safeguarding the Constitution (in Kesavananda Bharati vs State of Kerala in 1973) to giving shape to vital measures such as preventing sexual harassment in workplaces (Vishaka vs State of Rajasthan in 1997).

Can one find a common thread that runs through these cases? On the face of it, no: The diversity of circumstances in which these cases arose is large. In any case, court cases—from their start till the final appeal—are not based on some overarching judicial philosophy but are decided on fact and points of law. Yet, in each of the 10 cases, the appeal to the apex court reflected some facet of executive failure or legislative encroachment. In Kesavananda, for example, it was the aggressive amendments to the Constitution in the early 1970s—largely to emasculate the Right to Property, a process that dated all the way back to the 1950s—that was challenged. In Supreme Court Advocates-on-Record Association vs Union of India (1993) it was the independence of judiciary that was sought to be preserved.

What is interesting is that it is possible to further narrow or refine the causes behind the court’s activism. This sounds suspiciously like a search for a theory of final causes. But it is not. Look at the trajectory from one of the earliest “big” cases, that of Shankari Prasad (which dealt with the abridgment of Fundamental Rights by Parliament) in 1952 all the way to Vishaka in 1997 and you can notice one simple fact. The government of the day acted to shape laws, to take action or not to take it (in Vishaka’s case for example) solely on one ground: its political relevance. Land reform was appealing not because it promised to enhance productivity of farmers but because of its vote getting potential. Drafting of guidelines to prevent sexual harassment had to wait for judicial intervention long after independence was secured: women, as a class of voters, were too dispersed to be politically relevant for the government to care. See any public interest litigation and you will realize this sad fact. Are citizens who are not politically organized into some caste group, lobby or union irrelevant? It has taken judicial intervention to give voice to this huge mass of citizens who simply want to lead their lives quietly. Those who decry the higher judiciary as being undemocratic, as it seemingly encroaches on the domain of elected governments, conveniently forget this fact.

These are not academic questions any more, if they ever were. Today, the government of the day wants to secure primacy in the appointment of judges again. It seeks to do this by creating a national judicial commission (a step which, by the way, Mody advocates but with the best of intentions. See the discussion on pages 180-183 of the book). It cries foul when the courts intervene and prevent it from wantonly selling off natural resources as it pleases. In the politically permissive conditions that prevail currently, the list is virtually endless. And the issue is not one of this or that government; it is one that arises from degeneration of the executive branch itself. The dangers of unchecked, unelected, and very powerful institutions are too well known to be elaborated here. But the Indian experience shows that elected institutions pose an equal, if not greater, threat to liberty. A powerful Supreme Court is a vital safeguard whose importance cannot be understated. Zia Mody’s book is a good starting point to explore these questions.

(4) Facts You May Not Know 

Mr Chandan Nath from Kolkata, an avid reader of our weekly mails have sent the following useful information:-

Weekly Mail -the lighter [ wisdomfull ] side of it

Stuff you can  throw into a conversation and make people look at you and go  "mmmmmm?"

FACTS YOU MAY NOT KNOW.....................  

+++

It takes glass one million years to decompose, which  means it never wears out and can be recycled an infinite amount of  times!

Gold is the only metal that doesn't rust, even if it's  buried in the ground for thousands of years .

Your tongue is  the only muscle in your body that is attached at only one end  .

If you stop getting thirsty, you need to drink more water.  When a human body is dehydrated, its thirst mechanism shuts  off.

Each year 2,000,000 smokers either quit smoking or die of  tobacco-related diseases.

Zero is the only number that cannot  be represented by Roman numerals.

Kites were used in the  American Civil War to deliver letters and newspapers.

The song,  Auld Lang Syne, is sung at the stroke of midnight in almost every  English-speaking country in the world to bring in the new  year.

Drinking water after eating reduces the acid in your  mouth by 61 percent.

Peanut oil is used for cooking in  submarines because it doesn't smoke unless it's heated above 450  F.

The roar that we hear when we place a seashell next to our  ear is not the ocean, but rather the sound of blood surging through  the veins in the ear.

Nine out of every 10 living things live  in the ocean.

The banana cannot reproduce itself. It can be  propagated only by the hand of man.

Airports at higher  altitudes require a longer airstrip due to lower air  density.

The University of Alaska spans four time  zones.

The tooth is the only part of the human body that cannot  heal itself.

In ancient Greece , tossing an apple to a girl was  a traditional proposal of marriage. Catching it meant she  accepted.

Warner Communications paid $28 million for the  copyright to the song Happy Birthday.

Intelligent people have  more zinc and copper in their hair.

A comet's tail always  points away from the sun.

The Swine Flu vaccine in 1976 caused  more death and illness than the disease it was intended to  prevent.

Caffeine increases the power of aspirin and other  painkillers, that
is why it is found in some medicines.

The  military salute is a motion that evolved from medieval times, when  knights in armor raised their visors to reveal their  identity.

If you get into the bottom of a well or a tall  chimney and look up, you can see stars, even in the middle of the  day.

When a person dies, hearing is the last sense to go. The  first sense lost is sight.

In ancient times strangers shook  hands to show that they were unarmed.

Strawberries are the only  fruits whose seeds grow on the outside.

Avocados have the  highest calories of any fruit at 167 calories per hundred  grams.

The moon moves about two inches away from the Earth each  year.

The Earth gets 100 tons heavier every day due to falling  space dust.

Due to earth's gravity it is impossible for  mountains to be higher than 15,000 meters.

Mickey Mouse is  known as "Topolino" in Italy.

Soldiers do not march in step  when going across bridges because they could set up a vibration which  could be sufficient to knock the bridge down.

Everything weighs  one percent less at the equator.

For every extra kilogram  carried on a space flight, 530 kg of excess fuel are needed at  lift-off.

The letter J does not appear anywhere on the periodic  table of the elements

 

(5) Forthcoming Elections 

(a)           Swami Ramdevji has declared that next 9 months are very crucial for Indian democracy. During this period, he will not stay in Patanjali, Haridwar and instead will be touring every part of the country to route out Congress Party and support Narendra Modi so that he becomes the next Prime Minister of the country.

(b)           Everybody should vote. People around us need to be emphasized so that they must vote.

(c)           This are going to be the most important elections in the history of our nation.

(d)           Whenever possible please view Aastha TV channel daily from 8 PM to 9 PM, morning 5:30 AM to 7:30 AM; Sanskar TV Channel from 9 PM to 10 PM.

(e)           Please visit social sites like Facebook ( https://www.facebook.com/swami.ramdev ) and Twitter (https://twitter.com/yogrishiramdev )to go through latest blogs and tweets of Swami Ramdevji.

(f)                  On YouTube, there are several videos of Swami Ramdevji, the latest being titled ’21 Questions from Corrupt Politicians’ vide link 

http://www.youtube.com/watch?v=M9KZMp8qn6E&feature=c4-overview&list=UUEqtuE522h-a3zuveM9PhUQ

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DRT Solutions Weekly Mail – 278th Issue dated 6thSeptember ’13

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

(1) New RBI Governor desires Efficient Loan Recovery through Accelerated Working of DRTs 

The following news item is self explanatory:-

Clean-up act: Robust loan recovery takes centre stage

FE BUREAU : MUMBAI, SEP 05 2013, 09:14 IST 

On the first day of his appointment as Reserve Bank of India governor, Raghuram Rajan emphasized on the need for an efficient system to recover loans at a time when the bad loan problem in the banking sector continues to aggravate. 

“While the resumption of stalled projects and stronger growth will alleviate some of the banking system difficulties, we will encourage banks to clean up their balance sheets, and commit to a capital raising programme, where necessary. The bad loan problem is not alarming yet, but it will only fester and grow if left unaddressed,” Rajan said.

He also said the working of Debt Recovery Tribunals and Asset Reconstruction Companies had to be accelerated and to assure this Rajan, along with deputy governor Anand Sinha, will examine the necessary steps to be taken.

Deputy governor KC Chakrabarty will take a close look at the rising NPAs and the restructuring and recovery process, and necessary steps in the direction will be announced in the coming days, said Rajan. The RBI plans to collect credit data and examine large common exposures across banks to enable the creation of a central repository on large credits, which can be shared with the banks. 

“This will enable banks themselves to be aware of building leverage and common exposures,” Rajan said. It will follow the suggestions from Financial Sector Legislative Reforms Commission to set up an enhanced resolution structure for financial firms. The working group on resolution regimes for financial institutions is looking at this and “we will examine its recommendations and take action soon after”, he said. 

The gross NPAs in the banking system is currently estimated at 4.2-4.4% at the end of June 30, while restructuring approved through corporate debt restructuring cell in FY13 was over Rs 76,000 crore. In the April-June quarter restructuring cases approved through the cell were worth Rs 21,266 crore.

Our Comments

(a)           First the bank officials need to properly trained in appraisal of the projects. They need to have proper outlook towards working and problems of business and finance. The emphasis should be on flow of adequate finance without any delay.

(b)           The banks need to have their internal legal audit so that if there are any wrong doings by the banks, instead of referring to the courts and DRTs, the wrong doings should be corrected.

(c)           The banks should have a system to provide compensation for the wrong doings.

(d)           Ultimately, it should be realized by one and all that the best recovery is by running of the business rather than recovery through legal means.

(e)           Till the above is achieved the borrowers should devote time for legal studies so that they can interact gainfully with their advocates. In all cases, the counter-claims and damages must be filed right from the beginning. The cases should be contested seriously on all dates. Mastery of facts and mastery of law should be key words at every moment of time.

(f)            A through and repeated study of our web site and weekly mails will achieve the above objectives. 

(2) Declining Standards in Lower Judiciary & Costly Higher Courts – Total Denial for Justice 

The following article is a stark reality of insensitive Supreme Court and the Govt. On account of these reasons, we have been all along advising the borrowers to pay all time and energy in lower courts to help their advocates otherwise no justice can be achieved. 

People’s Verdict

Nine out of 10 cases of failure of justice do not come to the SC’s notice because people can’t afford the cost.

S.B. JAISINGHANI

http://www.outlookindia.com/article.aspx?287630

If the Supreme Court is inaccessible to a large segment of society because of cost barriers, then doesn’t it amount to total denial of justice? The apex court is the last resort for justice, and in my estimate 9 out of 10 cases of failure of justice are not brought to its notice because people simply cannot afford the cost. The misery is compounded by the declining standards prevailing in the lower judiciary. The framers of the Constitution fell into grievous error when in 1950 they did not provide for setting up of benches of the Supreme Court at other major centres—because they ought to have appreciated the fact that India’s population at the time was about 40 crore and its territories extended from Kanyakumari to Ladakh and from Kutch to Calcutta, and that the overwhe­lming majority of the population were poor or middle-class.

Article 136 of the Constitution creates a right to appeal by Special Leave to the Supreme Court from any judgement, decree, determination, sentence or order in any cause or matter or made by any court or tribunal in the territory of India. How then can the Supreme Court sit only in Delhi? Even so, the Constitution makers did envisage that at some time in the future benches of the Supreme Court at other places would be necessary and, therefore, empowered the Chief Justice of India to set them up from time to time, with the approval of the president. But here too, conferring this power on one authority was again a grave error. The power should have been vested in a body of persons representing all stakeholders.

Unfortunately, the power has not been exercised even after a lapse of 63 years despite the Law Commission of India headed by former CJI A.R. Lakshmanan recomm­ending setting up of benches at four other places in India in its 229th report. The proposal was rej­ected by the Chief Justice of India on the wholly untenable ground that it would affect the court’s unitary character.

Such an argument was not contemplated by Article 130, which places no impediments on the CJI if he wishes to cre­ate SC benches elsewhere. So the decision in the circumstances we see now, in my view, amounts to abdication of power and failure to perform a duty. I agitated this matter by addressing letters dated 27/4/2012 and 11/7/2012 to the then CJI S.H. Kapadia pointing out the gravity of the situation and urging him to set the ball rolling. I did not even receive an acknowledgment. I then add­r­essed a letter to just retired CJI Justice Altamas Kabir, complaining that the SC had shown complete lack of transparency and accountability by ignoring my letters. I received a cryptic reply dated 23/1/2013 from the ass­istant registrar that the proposal of the Law Commission, which was forwarded by the central government for implementation, had been rejected and therefore no act­ion could be taken on my representations. The learned chief justice surprisingly did not state as to why the issue could not be revisited in the light of recent research done by renowned academicians, which showed that cost was a barrier to approaching the Supreme Court.

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

The author is a former Additional Solicitor General of India; E-mail your columnist: letters AT outlookindia.com

(3) Stop Consuming Very Dangerous Items in Our Daily Life 

Dr V.P. Bansal, M.B.B.S (Gold Medalist), M.D.(Allopathy),D.H.M.S.(Homoeopathy), Mobile: 91-9926020111, Landline: 91-731-2467818,2467819, 09406856868, www.drbansals.com from Indore has sent the following useful mail :-

Stop Consuming Very Dangerous Items in our daily life

Read Care Fully and Circulate in your friend circle Very Dangerous 
media ने कभी ये बताया ?? 
nestle 
कंपनी खुद मानती है कि वे अपनी चाकलेट kitkat मे बछड़े के मांस
का रस मिलाती है ! और सबका धर्म भ्रष्ट कर रही है ! 
यहाँ 
click कर देखे ! 
http://www.facebook.com/photo.php?fbid=450624644978551&set=a.137060829668269.14827.100000930577658&type=3&theater 
_____________________________ 

media ने कभी ये बताया ??? की मद्रास high cout मे fair and lovelyकंपनी पर जब case किया गया था ! तब कंपनी ने खुद माना था ! हम cream मे सूअर 
की चर्बी का तेल मिलाते है !! 
यहाँ 
click कर देखे ! 
http://www.facebook.com/photo.php?fbid=441725392535143&set=a.137060829668269.14827.100000930577658&type=3&theater 
_______________________________ 
media ने कभी ये बताया ???? की ये colgate कंपनी जब अपने देश America मे colgate बेचती है तो उस पर warning लिखती है !! अमेरिका और यूरोप में जब कोलगेट बेचा जाता है तो उसपर चेतावनी ( Warning) लिखी होती है |लिखते अंग्रेजी में हैं मैं आपको हिंदी में बताता हूँ उस पर लिखते हैं 
"please keep out this Colgate from the reach of the children below 6 years 
मतलब छः साल से छोटे बच्चों के पहुँच से इसको दूर रखिये/उसको मत
दीजिये 
", क्यों क्योंकि बच्चे उसको चाट लेते हैं और उसमे कैंसर करने 
वाला केमिकल है 
इसलिए कहते हैं कि बच्चों को मत देना ये पेस्ट 
और आगे लिखते हैं 
" In case of accidental ingestion , please contact nearest poison control center immediately , मतलब अगर बच्चे ने गलती से चाट लिया तो जल्दी से डॉक्टर के पास ले के जाइए इतना खतरनाक है और तीसरी बात वो लिखते हैं "If you are an adult then take this paste on your brush in pea size " मतलब क्या है कि अगर आप व्यस्क हैं /उम्र में बड़े हैं तो इस पेस्ट को अपने ब्रश पर मटर के दाने के बराबर की मात्रा में लीजिये

और आपने देखा होगा कि हमारे यहाँ जो प्रचार टेलीविजन पर आता है उसमे 
ब्रश भर के इस्तेमाल करते दिखाते हैं
हमारे देश में बिकने वाले पेस्ट पर ये 
"warning" 
नहीं होती ! यहाँ click कर देखे !! 
http://www.facebook.com/photo.php?fbid=456946747679674&set=a.137060829668269.14827.100000930577658&type=3&theater 
______________________ 
media ने कभी बताया कि ये vicks नाम कि दवा यूरोप के कितने देशो मे ban है ! वहाँ इसे जहर घोषित किया गया है !पर भारत मे सारा दिन tv पर इसका ज्ञापन 
आता है !! यहाँ 
click कर देखे ! 
http://www.youtube.com/watch?v=jM4zjT1b6Ic&feature=plcp 
_____________________________ 
media ने कभी बताया ?? कि life bouy न bath soap है न toilet soap ! ये जानवरो को नहलाने वाला cabolic soap है ! यूरोप मे life bouy से कुत्ते को नहलाते है !और भारत मे करोड़ लोग इससे रगड़ रगड़ कर नहाते हैं !! यहाँ click कर देखे 
http://www.youtube..com/watch?v=s8hKumukUC0 
_______________________ 
media ने कभी बताया ! ??????????? की ये coke pepsi सच मे toilet cleaner है ! और ये साबित हो गया है इसमे 21 तरह के अलग अलग जहर है ! और तो और संसद की कंटीन मे coke pepsi बेचना ban है ! पर पूरे देश मे बिक रही है !! 
यहाँ 
click कर देखे !! 
http://www.facebook.com/photo.php?fbid=471173976256951&set=a.137060829668269.14827.100000930577658&type=3&theater 
____________________ 
media ने कभी बताया ???? कि ये health tonic बेचने वाली विदेशी कंपनिया boost ,complan ,horlics,maltova ,protinx , इन सबका delhi के all india institute (जहां भारत की सबसे बड़ी लैब है ) वहाँ इन सबका test किया गया ! और पता लगा ये सिर्फ मुगफली के खली से बनते है ! मतलब मूँगफली का तेल निकालने के बाद 
जो उसका 
waste बचता है !जिसे गाँव मे जानवर खाते है ! उससे ये health tonic बनाते है !! यहाँ click कर देखे ! 
http://www.youtube.com/watch?v=qazpj66xDJE&feature=plcp 

Change in Our Mobile No:-   

Please note that our new mobile no is +91 969 110 3689. This has also been displayed on our web site in all the pages in place of the old mobile no. All calls will automatically be diverted to the new number. The change has been necessitated due to technical reasons for better network coverage and efficiency using Samsung Galaxy S4 mobile handset based on GSM technology instead of CDMA. Galaxy S4 is a marvel in smart phones which we are now using as a near replacement for computer, tablet, camera, voice recorder and handycam with most convenient pocket portability due to remarkable convergence in telecom technology.

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DRT Solutions Weekly Mail – 277th Issue dated 30th August ’13

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

(1) Useful and Favourable Court Judgments for Borrowers and Guarantors 

Despite our repeated information that we have published full text of several court judgments which are highly useful and favourable to the borrowers and guarantors, still we are getting many queries even from Senior Advocates, borrowers and guarantors asking for citations and text of the said judgments. In this connection the following is proposed:-

(a)   Complete list of the said judgments is available at three web pages on our web site as under:-

(i)            Home Page i.e. www.drtsolutions.com

(ii)           DRT Judgments Favorable for Borrowers & Guarantors i.e. http://www.drtsolutions.com/DRT-Judgments.htm

(iii)         DRT Judgments Favorable/Useful to Borrowers i.e. http://www.drtsolutions.com/DRT_Judgments.htm

(b)   The above mentioned list is reproduced below:-

 DRTS-021 Calcutta High Court judgment on 'Publication of Photos in newspapers' in the matter of 'Ujjal Kumar vs SBI' decided on 03.05.13. The said High Court ruled that the Publication of Photos in newspapers of the borrowers to recover debts can not be resorted to as it is not covered in Securitization Act. Full text of the judgment with our comments and important portion marked in Red is available vide linkhttp://www.drtsolutions.com/Ujjal-Kumar-vs-SBI-2013.htm         

 DRTS-020 Gujrat High Court judgment on 'Securitization Act not applicable to Co-operative Banks' in the matter of 'Rajendra N Shah vs Unknown' decided on 22.04.13. The said High Court ruled that the Amendment issued by the Govt in January 2013 is ultravires in respect of co-operative banks. Full text of the judgment with our comments and important portion marked in Red is available vide linkhttp://www.drtsolutions.com/Rajendra-Shah-vs-Unknown-2013.htm

 DRTS-019 Supreme Court judgment and order on 'Review due to Misconception of Court' in the matter of 'Moran Mar Basselios Catholicos vs Moat Rev. Mar Poulose Athanaslus' decided on 02.05.52. The Supreme Court allowed the appeal, set aside the judgment of the High Court and admit the Review. Full text of the judgment with our comments is available vide link http://www.drtsolutions.com/Moran-Review-Misconception.htm

 DRTS-018 DRT-II Kolkota judgment and order on 'SA No 101 of 2011' in the matter of 'Azmeer Business Pvt Ltd. vs Union Bank of India' decided on 04.06.13. The case has been decided in favour of the borrower. The PO DRT has set aside the Bank's notice u/s 13(2), set aside the auction and ordered restoration of the property to the borrower. Full text of the judgment with our comments is available vide linkhttp://www.drtsolutions.com/Azmeer-UBI-SA-allowed.htm .

 DRTS-017 Supreme Court of India Judgment on 'Guarantor's Property - Constitutional and Human Rights' in the matter of 'KSFC vs N. Narasimahaih & Others' decided on 13.03.08. This is highly relevant to get 'Complete justice for Guarantor's Property'. Full text of the judgment with our comments is available vide link http://www.drtsolutions.com/KSFC-Narasimahaih.htm  Important portions of the judgment have been marked in Red.

 DRTS-016 Supreme Court of India Judgment on 'Frivolous and Unjust Litigation by Bureaucracy' in the matter of 'Urban Improvement Trust vs Mohanlal' decided on 30.10.09. This is highly relevant to 'Frivolous,  Unjust and Multiple Litigations' filed by banks '. Full text of the judgment with our comments is available vide link http://www.drtsolutions.com/Urban-Improvement-Trust-Mohanlal.htm Important portions of the judgment have been marked in Red.

 DRTS-015 Supreme Court of India Judgment on 'Review and Appeal - Simultaneous Adjudication' in the matter of 'Thungabhadra Industries vs Govt of AP' decided on 20.10.63. This is highly relevant to 'Filing of Review and or Appeal and their adjudication'. Full text of the judgment with our comments is available vide link http://www.drtsolutions.com/Thungabhadra-GovtAP-Review-Appeal.htm Important portions of the judgment have been marked in Red.

 DRTS-014 Supreme Court of India Judgment on 'Natural Justice - Opportunity of Hearing - Fundamental Rights' in the matter of 'Maneka Gandhi vs UOI' decided on 25.01.78. This is highly relevant to 'Magistrate in Sec 14 of Securitization Act to provide opportunity of hearing to Borrowers'. Full text of the judgment with our comments is available vide link http://www.drtsolutions.com/Maneka-Gandhi-UOI-Natural-Justice.htm Important portions of the judgment have been marked in Red.

 DRTS-013 Supreme Court of India Judgment on 'Court, Tribunal, DRT, Transfer from Court to DRT, Counter-claim and Appeal' in the matter of 'Nahar Industrial Enterprises vs Hongkong & Shanghai Banking Corp' decided on 29.07.09. Full text of the judgment with our comments is available vide link www.drtsolutions.com/Nahar-HSBC-Counter-claim-Appeal.htm Important portions of the judgment have been marked in Red.

 DRTS-012 Supreme Court of India Judgment on 'DRTs even can go beyond CPC' in the matter of 'ICICI Ltd vs Grapco Industries Ltd' decided on 14.05.99. Full text of the judgment with our comments is available vide link http://www.drtsolutions.com/ICICI-Grapco.htm Important portions of the judgment have been marked in Red.

 DRTS-011 Supreme Court of India Judgment on 'Counter-claim can be filed even after filing of WS' in the matter of 'Mahendra Kumar vs State of MP' decided on 04.05.87. Full text of the judgment with our comments is available vide link http://www.drtsolutions.com/Mahendra-MP.htm   Important portions of the judgment have been marked in Red.

 DRTS-010 Supreme Court of India Judgment on 'Discovery, Production and Inspection of Documents' in the matter of 'H.L. Sethi vs R.P. Kapur' decided on 19.07.72. Full text of the judgment with our comments is available vide link http://www.drtsolutions.com/Sethi-Kapur.htm  Important portions of the judgment have been marked in Red.

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

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

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

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

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

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

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

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

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

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

All the above 21 judgments are favourable and useful for the borrowers and guarantors. Whenever any need is felt for such judgments, the above list may be reviewed. Our comments, extracts given in Red and full text will help.

(2) Enrichment of Our Web Site and Weekly Mails 

We get many mails and phone calls for queries about the defence of borrowers and guarantors accordingly we go on modifying and enriching our web site as well as the weekly mails. With passage of time, the web site goes on becoming useful to the visitors. The following recent mail is an example as to how our web site is being used by the borrowers. The name and related details have been suppressed for the sake of professional secrecy:-

---------- Forwarded message ----------
From: 
Date: Wed, Aug 21, 2013 at 7:20 PM
Subject: Regards
To: ramkishandrt@gmail.com

Dear Shri Ram Kishan,
I have been thinking of writing to you but could not do so far. I am very minutely going through the various articles ( word of wisdom ) appearing on your web site and also the weekly mail which contain so much of useful information for the benefit of litigants that I have started feeling that on the basis of knowledge acquired during all this period I can possibly pass on some of the information for being utilized by my advocate who is fighting my case in DRT. Many a times I come forward to argue my case in the court and the brief is also prepared by me this in spite of the facts that I have no legal qualification. I must sincerely thank you for helping the borrowers and guarantors, for providing the knowledge without any personal benefit. 

Having exhausted my resources, I wonder whether I will be in a position to take your professional help as in my thinking your profile leads me to believe that you may be charging high fees which I may not be in a position to afford. At the age of 75 years and having retired from a senior position from a financial institution I have suffered because I took the risk of entering into Industry, not knowing the method of dealing with the banks, believing too much which has almost broken me . I could never imagine that senior officer in banks will back out after getting more than 50% of the debt due and will not bother to abide by the notification of the RBI for structuring of the balance loan /or OTS so that the production in the 
factory can be started the possession of which has been illegally taken by the bank more than a year back. It looks like that I shall never get a chance to get an opportunity to cover my past losses by running the factory. I do promise that once I am out of this long standing legal battle and as soon as I am little comfortable with the resources I must send fee for all knowledge which you have imparted to all and pay my gratitude for the help you are giving free as compared to other sites.
Thanking you, 

We sent the following reply:-

---------- Forwarded message ----------
From: Ram Kishan <ramkishandrt@gmail.com>
Date: Thu, Aug 22, 2013 at 3:32 AM
Subject: Re: Regards
To:
 

Dear Mr,

(1)   You should contest your case in the capacity of the individual representing the MD/Partner etc whereas your Company/Firm may be represented by your advocate. 

(2)   Most of the entrepreneurs in our country do not conserve their reserves and not only invest everything but borrow privately. Ultimately when the banks file cases for recovery, the entrepreneurs do not have resources to fight leave alone survival.

(3)   The above is due to all out efforts for promotion of industries. In fact we should have first promotion for entrepreneurship and building up of infrastructure for industries before promotion of industries. On account of such faulty approach, we are endangering the entrepreneurship in the country.

(4)   Anyway, keep on fighting. Any human being is a living god with inherent strength unknown to him. 

With best wishes,

Ram Kishan   

(3) Respect A Woman 

Mr Firoz Poonawalla has sent the following useful mail which is self explanatory:- 

Respect A Woman
=======================
You can feel her INNOCENCE in the form of a daughter
You can feel her CARE in the form of a sister You can feel her WARMTH in the form of a friend
You can feel her PASSION in the form of a beloved
You can feel her DEDICATION in the form of a wife
You can feel her DIVINITY in the form of a mother
You can feel her BLESSING in the form of a grandmother

Yet she is so TOUGH too
Her heart is so TENDER... So NAUGHTY... So
CHARMING... So SHARING... So MELODIOUS... She is
a WOMAN..
And she is LIFE ITSELF.
================================================
To all the wonder woman & those man who
thinks that a woman is weak, who
disrespects her, abuses her, beats her up &
pass dirty comments if any passes by him.
They somewhat forget that the one who gave
birth to a non-deserving creep like him is also
a woman..

 ===================================================

Change in Our Mobile No:-  

Please note that our new mobile no is +91 969 110 3689. This has also been displayed on our web site in all the pages in place of the old mobile no. All calls will automatically be diverted to the new number. The change has been necessitated due to technical reasons for better network coverage and efficiency using Samsung Galaxy S4 mobile handset based on GSM technology instead of CDMA. Galaxy S4 is a marvel in smart phones which we are now using as a near replacement for computer, tablet, camera, voice recorder and handycam with most convenient pocket portability due to remarkable convergence in telecom technology.

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DRT Solutions Weekly Mail – 276th Issue dated 23rd August ’13

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

 

(1) Publication of Photos in Newspapers held Illegal by Calcutta High Court 

Full text of this judgment with comments and important portion marked in Red may be seen vide linkhttp://www.drtsolutions.com/Ujjal-Kumar-vs-SBI-2013.htm

Ujjal Kumar Das vs SBI decided on 03.05.13 by Calcutta High Court Writ Petition No – 10315 of 2013

Bench: Mr Justice Dipankar Datta

DRT Solutions Citation –  DRTS-021-Ujjal Kumar vs SBI-2013

http://www.drtsolutions.com/Ujjal-Kumar-vs-SBI-2013.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-021.

Comments by DRT Solutions

The above mentioned Calcutta High Court Judgment of 2013 lays down that Publication of Photographs of the Defaulting Borrowers in news papers is not permissible in terms of the Securitization Act or any other law

Utility of this Judgment – Whenever the banks threaten to publish the photographs of the borrowers, the law pronounced in this judgment be pointed out to the Banks and in case of disagreement, the matter be put up before the DRT. If there is any adverse decision, matter be taken up in higher courts based on this judgment.

Comments 

The full text of the judgment is given on our web site vide link http://www.drtsolutions.com/Ujjal-Kumar-vs-SBI-2013.htm which is self explanatory. Important portions have been marked in Red. Our comments are as under:-

(a)   Past several years, many of our clients have been facing the threat of the banks to pubish their photographs in the news papers. We have been advising them to file injunction suits in the court of law. In some instances, injunctions have been granted. In some cases when the courts have not granted such injunctions, the Reviews and Appeals have been filed.

(b)   Even two High Courts have delivered judgments against our contentions viz MP High Court in the matter of Archana Chauhan and Madras High Court in the matter of K.J. Doraisamy.

(c)   But now this judgment has supported our contentions.

(d)   Extract from the marked Red portions of the said judgment is reproduced below:-

(18) With the deepest of respect I have for the learned Judges who decided the writ petitions in Archana Chauhan (supra) and K. J. Doraisamy (supra), I have failed to persuade myself to agree with Their Lordships.

(20) In my humble view, the opinions recorded in the paragraph extracted supra are neither backed by any reason nor can be supported with reference to any provision of the SARFAESI Act or the rules framed thereunder.

(25) - - -There is little doubt that the SARFAESI Act confers wide powers on the secured creditors to enforce the security interest without judicial intervention up to the stage of taking measures under Section 13(4) thereof. Classification of a loan account as non-performing asset, computation of the quantum of dues and taking over possession of the secured asset upon rejection of the response to the notice under Section 13(2) are the various steps that are required to be taken for enforcing the security interest. In course thereof, the secured creditors may not ordinarily face interference by the courts, since the vires of the SARFAESI Act has been upheld. It is only at the stage of Section 17(1) thereof that there is scope for a judicial determination of the issues raised by a borrower/guarantor by the Debts Recovery Tribunal having jurisdiction. Till such time the Tribunal is approached and requested to consider a prayer for interim relief, it is a totally one-sided affair. The secured creditor unilaterally decides whether one is a defaulter or not and further as to whether the photograph of such defaulter ought to be published or not. By no stretch of reasoning can I conceive of the SARFAESI Act conferring on the secured creditor the unfettered power to act in such manner. If it were accepted that the secured creditor enjoys the unfettered power of publishing the photograph of a defaulting borrower/guarantor and does so even before the Tribunal under Section 17 of the SARFAESI Act could be approached, and quite some time thereafter the Tribunal under sub-section (3) of Section 17 holds that the secured creditor had acted contrary to the other provisions thereof while enforcing the security interest under sub-section (4) of Section 13 and ultimately directs restoration of possession, the damage that could be caused to the reputation and dignity of an honest borrower/guarantor by reason of publication of his photograph in the interregnum would be irretrievable. It may not be possible to compensate such damage by money, if a borrower/guarantor, who has been proceeded against contrary to law by the secured creditor and whose photograph is published, is unable to bear the ignominy and takes a drastic step. Since publication of photograph of a defaulting borrower/guarantor has the potential of exposing him to irreparable loss, injury and prejudice, publication of photograph cannot be resorted to in the absence of an express power or an agreed term in this behalf. 

(2) Loan Defaults spark Rangarajan-Ranjit Sinha Debate; CBI Boss smells Fraud in Rising NPAs  

The following news item published in net edition of ET dtd 22.08.13 is useful. As per Mr Rangarajan the rising NPAs could also be on account of grim state of the economy rather than frauds. This can be pleaded or included in the arguments before the court. Under such facts and circumstances, the mindless pressure for recovery is unwarranted and if required it should be with due application of mind:-

Loan defaults spark Rangarajan-Ranjit Sinha debate; CBI boss smells fraud in rising NPAs

By Aman Sharma, ET Bureau | 22 Aug, 2013, 05.01AM IST

http://economictimes.indiatimes.com/news/economy/finance/loan-defaults-spark-rangarajan-ranjit-sinha-debate-cbi-boss-smells-fraud-in-rising-npas/articleshow/21965998.cms

NEW DELHI: A plain-vanilla conference of PSU vigilance chiefs saw the unusual spectacle of two senior government officials openly disagreeing on the reason for the rising quantum of loan defaults. 

While CBI Director Ranjit Sinha on Wednesday pitched for fixing criminal accountability of public sector bank officials in case of loan defaults, he was contradicted by veteran economist C Rangarajan, who pointed out that the rise in non-performing assets of banks could also be on account of the grim state of the economy rather than frauds. 

Rangarajan, a former RBI governor and chairman of the Prime Minister's Economic Advisory Council, was the chief guest at the 5th Annual Conference of Central Vigilance Officers of government PSUs and officers from CBI on Wednesday. 

"While judging the increase in NPAs, CBI must also take note of what is happening in the economy," Rangarajan said. 

Director invokes Mark Twain 

...not all NPAs are attributable to suspect behaviour of those giving loans but many are also related to how the economy behaves," Rangarajan said. 

The veteran policymaker was responding to remarks by Sinha, who in his opening remarks referred to the high amount of NPAs of public sector banks and said they were a cause for concern. NPAs, said the CBI director, had risen substantially in the last two years, from Rs 59,924 crore in 2010 to Rs 1,17,262 crore in 2012. 

"The bulk of the NPAs is from the top 30 accounts, which is learnt to be running into thousands of crores. CBI has already initiated investigation or enquiries in some of the big defaulter accounts," Sinha revealed. He also said the amount involved in bank frauds had increased 324% in the last three years while large-value fraud cases involving amounts of Rs 50 crore and above had increased almost tenfold. 

The CBI chief director also complained of "reluctance" on the part of banks to declare bad accounts as frauds despite there being clear-cut manifestation of malfeasance, saying this hampered probes by his organisation. "There is need to realise that the delay in reporting of a fraud will adversely affect the tracking and recovery of proceeds of crime as the initiative is lost due to delays. Another issue is the fixing of accountability of staff and there are often differences of opinion between CBI and banks regarding the role of public servants. In my view, there should be no reason for denial of sanction for prosecution wherever mala fide acts by delinquent officials caused huge losses to the bank. CVOs present here may please keep this in mind while examining CBI reports in future," he said.

Rangarajan, however, pointed out that a certain amount of "risk-taking" was inherent in the task of banking. "We should not completely eliminate risk-taking of banks. Loans may have been given based on certain growth projections, but the growth did not happen. So the causes and factors behind NPAs may be beyond the control of the banks and individual officers cannot be held responsible (in every case). You need to go behind the reasons for NPA... you will have to see if the act of officials was motivated for personal benefit. If it is so, the action must be punished but every NPA is not due to motivated actions of bank employees," he said. 

The CBI director quoted Mark Twain to stress his point that timely criminal investigations into the cause of NPAs were the need of the hour. "A humorous definition of a banker in words of Mark Twain is: 'A banker is a fellow who lends you his umbrella when the sun is shining, but wants it back the minute it begins to rain'. If we see the figures of NPAs and number of high-value frauds, it seems to be raining quite heavily. The question is whether the bankers will be able to get their umbrellas back or not? And further, even if they get it, will it be in its original shape?" Sinha asked. 

Rangarajan, however, cautioned that CBI had a "very delicate task" at hand while dealing with NPAs. "Banking system is based on two attributes - safety and soundness. Banks deal with other people's money, so it is important that this money remains safe but banks cannot offer extreme security, which may mean doing nothing with the deposits. Banking should hence be sound too, so banks should be able to earn," he said.

(3) CM Inaugurates City’s First e-Court  

Mr U.C. Desai, ex-banker and a critical reader of our web site has made reference to the  following news item published in news papers:-

 

CM inaugurates city’s first e-court

Mumbai Mirror | Aug 16, 2013, 12.00 AM IST

http://www.mumbaimirror.com/mumbai/others/CM-inaugurates-citys-first-e-court/articleshow/21849554.cms

Chief Minister Prithviraj Chavan inaugurated the first electronic court, which is part of the Bombay High Court, on Thursday. 


Chief Justice Mohit Shah and all Bombay High Court judges were present when the ecourt, presided by Justice Nitin Jamdar, started functioning. 


The court will initially start off by hearing company matters. Eventually, other cases will be heard as well. 

 

After the inauguration, a case was taken up for hearing in court room number 47 in the Bombay High Court building and the Chief Minister, the Chief Justice and other judges watched proceedings in the central hall where a screen was put up. 


In the e-court room, Justice Nitin Jamdar had a computer on his table instead of files. The pages he went through were also visible on a big screen placed in the same court for the benefit of litigants.

 
The Bombay High Court has already started accepting court fees as electronic payments and the initiative has received a good response. 


Litigants have been asked to file soft copies of their complaints or petitions on a pen drive or a compact disc at the e-court. 


The date of the presentation of the pen drive or CD shall be deemed to be the date of filing of the electronic petition. However, as a precautionary measure, petitioners have also been asked to also file a hard copy. 


The e-court is a central government initiative to computerise district and subordinate courts as well as upgrade the infrastructure of the Supreme Court and high courts. PTI
 

(4) How to make Happiness a Habit  

Mr Firoz Poonawalla has sent the following useful piece:-

How to make happiness a habit

-Tessa Miller

I'm not one who believes you can be happy all the time, but I have learned you can be happy much of the time. And that's not something that depends on how your day is going or how others treat you -- it depends on what you do on a regular basis.

I remember being unhappy most days, at one point in my life. It wasn't because I hated      the people in my life -- I have a lovely wife,(GOD'S OWN GIFT) other wonderful family members and friends. It was because I was unhappy with myself, and that caused growing debt problems, unhappiness with my job, health problems and more. I felt like I couldn't change any of that.

Then one day I sat down and made a list. I make a lot of list -- it's one of my favourite habits -- but this list seemed to have a magical power. It was a list of the things I was grateful for. Amazingly, there were a lot of things on the list, from things about my wife,  relatives, and friends, to things about my job, about nature around me, about my life. This list was magical because I went from feeling a bit depressed about everything, and hopeless and helpless, to much happier. My mindset shifted from the things I didn't like or didn't have, to the things I was really happy I had. And I was in control.

Since then I've experimented with a number of habits and have found a couple things to be true:

1. A handful of activities can actually make you happy.

2. If you incorporate them into your life on a regular basis (make them into habits), you'll be happier regularly.

And those might seem to be small realizations, but actually they're huge.

The Habits That Make You Happy

So what habits make you happy? Try doing these on a daily basis, and see if you get the same results:

7 Steps to Happiness

Think Less, Feel More

Frown Less, Smile More

Talk Less, Listen More

Judge Less, Accept More

Watch Less, Do More

Complain Less, Appreciate More

Fear More, Love More 

  1. List Three Good Things. [My wife] and I started a daily evening ritual, at about 7.30PM each day, where we take a moment to tell each other three good things about our day. We didn't invent this, but it serves as at least one time in your day when you focus on what you're grateful for. This can create a mental habit of gratitude that you can use other times in your day, when you're focused on the things you don't like or have -- when you feel this, think about something you do have, that you love. Find a way to be grateful, and you're happier.
  2. Help Someone. When we focus on ourselves, and the woeful state of our lives, we are self-centered. This shrinks the world to one little place with one little unhappy person. But what if we can expand that worldview, and expand our heart to include at least one other person? Maybe even a few others? Then we see that others are suffering too, even if that just means they're stressed out. Then we can reach out, and do something to reduce their stress, put a smile on their face, make their lives easier. Help at least one person each day, and you'll find your entire perspective shifted.

3. Meditate. I've called this a Fundamental Habit, because it affects everything else. Meditate for just two minutes a day, and you'll create a habit that will allow you to notice your thoughts throughout the rest of the day, that will help you to be more present (unhappiness comes from not being present), that will help you notice the source of anxiety and distraction. That's a lot that can be accomplished in two minutes! Sit every morning when you wake, and just notice your body, and then your breath. Notice when your mind wanders, and gently return to your breath. You become the watcher of your mind, and you'll learn some useful things, I promise.

4. Exercise. Everyone knows you should exercise, so I'm not going to elaborate on this point. But it really does make you happier, both in the moment of exercise (I'm exerting myself, I'm alive!) and throughout the rest of the day. Exercise lightly, if you're not in the habit yet, and just for a few minutes a day to start out. Who doesn't have a few minutes a day? If you don't, you need to loosen up your schedule a bit.

There are a number of other habits that also help: mindful eating, drinking tea, doing yoga, socializing with others. But these incorporate meditation (they're more active forms of meditation), and exercise, and helping others, and gratitude (if you're doing it right). So I wanted to list the most basic habits, and then you can expand to other areas.

How do you form these habits? One at a time, starting as small as possible, with some social accountability. Set these habits in motion. You'll notice yourself becoming more present, more grateful, more other-focused. The shift that results is nothing short of a miracle.

======================================================== ===========================

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DRT Solutions Weekly Mail – 275th Issue dated 16th August ’13

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

(1) Bombay HC’s First Paperless Court to Start Today  

The following news item published in net edition of DNA is informative and useful:-

Bombay HC's first paperless court to start today

Thursday, Aug 15, 2013, 10:57 IST | Agency: DNA

a.dnaindia.com/mumbai/1874762/report-hc-s-first-paperless-court-to-start-today

On Independence Day, the Bombay high court will start its first paperless court. Petitions will be filled on pen drives and advocates will argue their cases by referring to information stored in laptops.

The Bombay high court, will be India’s second high court, after Delhi, to have an e-court.

The e-court, presided over by Justice Nitin Jamdar, will commence from August 15, and will take up company matters to start with. Later, it will also take up other cases. 

Prothonotary, senior master, DV Sawant said, “This is a pilot project and it will be extended to other courts soon.”

The Bombay high court has already started e-payment of court fees which has received good response.

In the e-court, litigants have been asked to lodge soft copies either on a pen drive or compact disk (CD). The date of presentation of a pen drive or CD shall be deemed to be the date of filing of the petition. However, as a precautionary measure, initially, the petitioners have also been asked to file a hard copy for some time.

The e-court programme is a central government initiative to computerise district and subordinate courts and to upgrade ICT infrastructure of the Supreme Court and high courts.

Under the project, 2,249 courts in 969 court complexes are expected to be computerised by March 31, 2014.

(2) SMS Case Tracking System Launched in Tripura High Court  

The following news item is self explantory:-

SMS case tracking system launched in Tripura HC

  

http://timesofindia.indiatimes.com/city/guwahati/SMS-case-tracking-system-launched-in-Tripura-HC/articleshow/21771293.cms

AGARTALA: India's first Case Information System (CIS) through SMSs was launched in Tripura high court on Saturday by Supreme Court justice Madan B Lokur and judge-in-charge of e-governance aiming to bring more transparency and accountability.

Lokur said, "It will facilitate day to day requirements of the people seeking information about the precedents and the case laws and also provide information through the use of technology about the way courts function and interact with the litigants, lawyers, judges and administrators."

Lokur added that timely availability of information has helped speedy disposal of cases in courts besides helping hundreds of justice-seekers who come to court just to enquire about the date of next hearing.

(3) Law Minister for Audio Recording of Trial Court Proceedings  

The following PTI News item published in Economic Times is  self explanatory:-

Law Minister for audio recording of trial court proceedings

PTI May 31, 2013, 06.36PM IST

http://articles.economictimes.indiatimes.com/2013-05-31/news/39655830_1_proceedings-high-courts-trial-court

 

NEW DELHI: With an aim of bringing transparency in judicial proceedings, Law Minister Kapil Sibal on Friday said working of trial courts should be audio recorded and discussions are on in this regard.

"...We want that to bring transparency, at least the proceedings are audio recorded but the government cannot do this on its own.http://articles.economictimes.indiatimes.com/images/pixel.gif

"We will discuss it with judiciary, Chief Justices, because trial courts fall under High Courts and till the High Courts approve this, it can not be implemented. But our talks will continue," Sibal told reporters here.

He said although the courts are public places, due to lack of recording facilities, nobody knows what is happening inside them.

"In other countries, proceedings of the trial court are audio recorded but not in India.... What the judge is saying, witness is saying, cross examination is saying, how work is taking place, nobody knows although the courts are public places," Sibal said.

The Law Minister, who also holds the Telecom Portfolio, is also working on a video conferencing facility to remain in touch with the law officers posted in the Supreme Court and 24 high courts across the country.

He proposes to use the facility to hold real-time consultations with them on important cases.

Video conferencing facility is available to top bureaucrats to hold interaction while sitting in their offices.

Our Comments  

(a)   We have been emphasizing the above since past 10 years and covered this topic in several weekly mails as well as in our conferences.

(b)   It is reiterated that in US, court room recording is being carried out since 1935. This work is outsourced to outside agencies. They make audio and video record. The audio is transcribed and provided to all concerned including the litigants on the same day, Further the video, audio and transcript is also made available on the court web site on the same day.

(c)   Our Law Ministers (including Mr Sibbal), Chief Justice of Supreme Court of India, Chief Justices of the High Courts, Chairman Law Commission, President Bar Association etc  have visited US Courts several times and have spent crores of public money on such tours but have no sincere desire to implement such important aspect of court proceedings.

(d)   On account of such lethargic attitude only, eminent Justice Krishna Iyer has said that our courts are 200 years behind those in developed countries. It is because of such backwardness, now there are more than 6 crores cases pending in the courts.

(e)   Incidentally it is pointed out that we have developed the process of ‘Video Arguments’ first time in India and demonstrated it before the District Judge, Indore in 2007 and have sent the copies of DVDs to High Courts and Supreme Court but nobody has shown any interest so far. We shall still continue our efforts with hope that some day it has to be implemented.

 (5) Extract from the Web Site of IASS (International Association for Scientific Spiritualism  

The following  is the valuable extract from the web site of IASS:-

 MEDICAL RESEARCH –

http://www.tap-seva-sumiran.com/iass/medical.asp 

 

'Yogiji’ have experimented fasting on himself and his fellow Sadhaks for last 50 years. Thousands of people not only in India but in many countries have been cured after understanding the concepts propagated by 'Yogiji' and experiencing in their lives.

A - Demonstration by 'Yogiji' on himself
Period — January 8 to 17, 1960
Place — Ballia, U.P.
Person fasted — one. 
Under surveillance of — Dr. Gur Harakh Singh, M.B.B.S.

http://www.iass.info/images/yogiji.jpg

At the age of 54, 'Yogiji' demonstrated a nine-day fast when he did not eat anything during these days except Ganges water twice a day. Apart from 5 miles walk and one hour swimming daily in Ganga, 'Yogiji' had given discourses the whole day.
Dr. Singh observed 'Yogiji's' weight loss of 5 kgs during these days but he found increase in vital power establishing that food is a building material and not a source of energy. 
Also during fasting the body became so pure that it absorbed nutrition from atmosphere directly. This was observed by Dr. Singh that though on ninth day the fast was broken at 12.00 noon with a glass of orange juice and at 5.00 p.m. 'Yogiji' took some boiled bottle-gourd and spinach but by 9.00 p.m. there was a gain of 2.5 kg in his weight.

B - Demonstration by 'Yogiji' with his followers
(1)

Period — March 21 to 30, 1966. 
Place — Governor House of State Uttar Pradesh. Lucknow
Persons fasted — 12.
Under surveillance of — Dr. S.N. Sinha, M.D., P.M.S.

First group — 
6 persons took only plain Ganges water.

Second group —
6 persons took water mixed with 3-4 tea spoons. honey and few drops of lemon juice.
There were four ladies also. 
Doctor examined their weight, blood pressure, pulse rate and temperature. 
They also worked for one and a half to five hours daily in fields, digging potatoes and cutting crops etc. 
5 men played badminton two hours daily and did their routine work. 
Constant police watch and vigilance of 24 hours was kept to check that they do not eat anything.
Doctors observed that in these 12 persons there was a weight loss of 4 to 17 pounds and a slight fall in their blood pressure, while pulse rate and temperature remained almost unaltered. These persons were never found inactive but always followed their normal way of 
life with full energy.

(2)
Period — May 20 to 27, 1984.
Place — Lajpat Bhawan, New Delhi.
Persons fasted — 9
Under surveillance of — 
Dr. A.C. Gupta B.Sc., A.R.N.D, D.H.M.S. 
Dr. Ashok Gupta, M.B.B.S., M.R.S.H., (London)
The fasters belonged to age group of 22 to 69 yrs.
First group
6 persons took just plain water.
Second group
3 persons took water mixed with few drops of lemon and 2-3 tsp. honey per day.

Observations for weight and grip, red-yard-race timing, and stool stepping number on 15 inch high stool were recorded daily for all the 9 participants.

It was observed that :

bullet Weight reduced.
bullet Hand grip increased.
bullet Hundred yard race timing reduced.
bullet Stool stepping per minute increased.

Thus physical strength increased in spite of the fact that calorie intake was almost negligible.

(3)
Period — March 24 to April 1, 1993. 
Place — Nakatia, Bareilly, U.P.
Persons fasted — 70
Under surveillance of— 
Dr. Pramod Swaroop Agarwal, M.D. 
Dr. M.M.Agarwal, M.D.
Dr. Dinesh Chandra Agarwal, M.B.B.S.
Dr. (Mrs.) Sangeeta, M.D

Study was conducted on 70 persons belonging to age group of 25 to 75. Most of these took 4 to 5 glasses of water, 1 to 2 lemon and 2 tea spoons. of honey per day for 9 days. A few took 1 or 2 glasses fruit juice too in addition. None took any grains, milk or any other calorie providing material or any type of medicine.

Blood pressure, pulse, urine and stool output, blood sugar, blood urea, blood cholesterol and urine especially for ketones were studied for each person. Also their mental health, physical activities, ability to walk 2 kms, weight, hand grip, stool stepping were observed.
While the doctors observed cure of chronic asthma, diabetes, tuberculosis and Parkinsonism as special cases without recourse to any medicine.

In general they found no substantial change in pulse, blood pressure, blood sugar, serum, and cholesterol and blood urea. 

Quantity of stool and urine was found considerably reduced. 
Ketones were found in three cases but surprisingly physical strength was increasing in these three cases also.

Persons having the problems of hyperacidity gastric-distension, chronic dysentery and minor piles etc. showed remarkable improvements. 

Nobody was found weak, rather all were feeling happy active and energetic. They were walking about 4 to 5 kms per day.

http://www.iass.info/images/weightred.gif

http://www.iass.info/images/vital.gif

http://www.iass.info/images/100yds.gif

http://www.iass.info/images/noss.gif

http://www.iass.info/images/gra.gif

http://www.iass.info/images/grb.gif

http://www.iass.info/images/grc.gif

http://www.iass.info/images/grd.gif

 

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DRT Solutions Weekly Mail – 274th Issue dated 9th August ’13

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

(1) Change in Our Mobile No:-   

Please note that our new mobile no is +91 969 110 3689. This has also been displayed on our web site in all the pages in place of the old mobile no. All calls will automatically be diverted to the new number. The change has been necessitated due to technical reasons for better network coverage and efficiency using Samsung Galaxy S4 mobile handset based on GSM technology instead of CDMA. Galaxy S4 is a marvel in smart phones which we are now using as a near replacement for computer, tablet, camera, voice recorder and handycam with most convenient pocket portability due to remarkable convergence in telecom technology.

(2) Advocates to Access their Case Flow via Smartphones.   

The following useful  news item is self explanatory:-

Advocates to access their case flow via smartphones

HT Correspondent , Hindustan Times  New Delhi, August 08, 2013

First Published: 02:15 IST(8/8/2013) | Last Updated: 02:18 IST(8/8/2013)

http://www.hindustantimes.com/India-news/NewDelhi/Advocates-to-access-their-case-flow-via-smartphones/Article1-1104934.aspx

Advocates and litigants having mobile phones with Android Operating System-based internet connection can now easily access Supreme Court Display Board and know the flow of their case on any particular day.

Chief Justice of India P Sathasivam on Wednesday launched the facility at a function at the apex court in the presence of Law Minister Kapil Sibal, judges and bar leaders.

The CJI also inaugurated some other e-facilities, including SMS on filing and registration of cases. This facility enables an Advocate on Record (who does actual filing of cases in the SC) and parties in person to receive instant update through SMS on their mobile on successful filing or registration of their case.

Details about filing and pendency of courts across the country will also be easily accessible with the inauguration of the National Judicial Data Grid (NJDG) by the CJI.

With the launch of the first phase of NJDG, case data of all the courts, including those at district level, will be available on a single website - ecourts.gov.in. The portal will have data from around 10,000 courts.

"Any visitor to this website can access the status of the case, the cause list of the district courts and in some cases, daily order or judgement of the case, searchable on the basis of case number, party name, advocate name etc.," Justice Madan B Lokur, in-charge of the e-committee which was entrusted with the task of developing the portal, said.

CJI Sathasivam appreciated the effort and said this will go a long way in administration of justice as the Chief Justices of different high courts will have the actual idea of case status of different courts in the state.

Justice Lokur said the data of all the courts will also serve as a "backbone database" for the NJDG which is intended to become a case information storehouse for justice delivery system.

Law Minister Kapil Sibal said it will help in court management and will bring in more transparency.

(3) High Courts asked to give Priority to Old Cases.   

The following useful  news item is self explanatory:-

High courts asked to give priority to old cases

IANS  |  New Delhi  August 7, 2013 Last Updated at 20:54 IST

Business Standard

Thursday, August 8, 2013 | 01:35 PM IST

http://www.business-standard.com/article/news-ians/high-courts-asked-to-give-priority-to-old-cases-113080701381_1.html

 

Chief Justice of India P.Sathasivam Wednesday said that he has asked chief justices of all the high courts to give priority to the old cases pending for years, including those concerning women and children.

Chief justices of the high courts have also been asked to provide details on pendency of cases on monthly basis and those settled by the court in the preceding month, said the CJI while inaugurating a litigant-lawyer friendly apex court portal that would provide instant information on the status of their cases and other information.

He said that laptops have already been provided to 13,000 judicial officers in the country.

The portal would soon have more digital platforms to provide online information to the lawyers and litigants including to the judges. Judges will be able to know in how many other courts, cases are being heard on the laws being considered by them.

Congratulating Justice Madan B. Lokur under whose stewardship the court's e-committee developed the portal, Union Law Minister Kapil Sibal said that it was only through technology that transparency could be achieved. He said that there was always an element of discretion in the human dealings.

Sibal advocated uniformity in software of the portals of all the courts from apex court to subordinate courts to facilitate inter-operatibility and enable information about all the courts to be available easily.

(4) Pending Court Cases – Likely to Touch Six Crores Mark   

The following  news item is self explanatory:-

Pending Court Cases – Likely to Touch six crores mark - Outgoing Chief Justice concern for pending cases

Jaideep Deogharia  

http://timesofindia.indiatimes.com/city/ranchi/Outgoing-Chief-Justice-concern-for-pending-cases/articleshow/21585999.cms

RANCHI: Outgoing chief justice (CJ) ofJharkhand high court P C Tantia, who is attaining superannuation on Sunday, left for Jodhpur on Saturday with justice D N Patel designated to replace him as the acting chief justice until a regular CJ is appointed.

Tantia, who was on this post for little less than two years, had regularly expressed concerns about the increasing number of pending cases and had taken certain initiatives to speed up dispensation of justice. It was under his guidance that case management system was introduced at theJharkhand high court, as a result of which the disposal rate of cases pending for more than ten years increased to 49% from the previous figure of 14% annually.

The pendency of cases is likely to trouble the new chief justice as well because of a shortage of judges in the high court. Sources said the sanctioned strength of judges in Jharkhand high court was increased from 12 to 20 some years ago, but at no point of time there have been more than 14 judges working together.

With the retirement of justice Tantia, the number of sitting judges in the high court has come down to ten, a figure expected to fall to nine after justice Jaya Roy, who is attaining superannuation on August 18, retires.

Talking to the media before leaving for Jodhpur, justice Tantia reiterated his concern about the pendency rate.

"The number of pending cases in various courts of the country is likely to touch the six crore mark soon and each and every court has to be cautious about reducing this burden," he said.

Admitting that there has been an increase in the number of public interest litigations, Tantia said that at times PILs are good for the cause of common people.

"Courts can regulate the number of PILs by rejecting frivolous cases, but they have to be alert enough to pick up issues of public interest and convert them to cases taking suo motto cognizance, as was done by Jharkhand high court during my tenure," he said.

(5) Wonderful Health Books   

We found that the following books are really wonderful and most useful in life. All these books are published by IASS (International Association for Scientific Spiritualism) vide details on their web site www.tap-seva-sumiran.com We got all these books from them online:-

(a)   Dilemma of Medical Science – Dr SSL Srivastava, MD, FIAMS, FFIACM, FICN, FASI

(b)   Food Not the Source of Energy – Authentications from Eminent Doctors

(c)   Divine Cure – Dr. Gur Harakh Singh, MBBS

(d)   Health Promotion & Disease Prevention through Tap Seva Sumiran – Dr SSL Srivastava and 3 other Doctors

(e)   Chikitsa Vigyan ki Bhrantiyan – Dr SSL Srivastava

(f)    Jeevani Shakti Kaise Jagayen – Dr Chandra Singh

(g)   Yogi aur Yog Sadhna – Akhileshji

(h)   Light on the Five Illusions – Madan Mohan Sahai

(i)    Dhyan ka Vigyan – Akhileshji

(j)    DVDs of Akhileshji on Manas Yog Sadhna

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DRT Solutions Weekly Mail – 273rd Issue dated 2nd August ’13

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


 

(1) Gujrat High Court Judgment laying down Securitization Act not Applicable to Co-operative Banks  

 

The full text of the judgment with comments and important portion marked in Red is given on our web site vide link :-

http://www.drtsolutions.com/Rajendra-Shah-vs-Unknown-2013.htm

The details are as under:-
 

Rajendra N. Shah vs Unknown decided on 22.04.13 by Gujrat High Court Writ Petition (PIL) No – 166 of 2012

Bench: Mr Bhaskar Bhattacharya and J.B. Pardiwala

DRT Solutions Citation –  DRTS-020-Rajendra Shah vs Unknown-2013

http://www.drtsolutions.com/Rajendra-Shah-vs-Unknown-2013.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-020.
 

Comments by DRT Solutions

Gujrat High Court Judgment of 2013 laying down that Securitization Act not Applicable to Co-operative Banks

Utility of this Judgment – Wherever the co-operative banks have invoked or going to invoke the Securitization Act, such action can be stayed by DRTs.
 

Comments 

The full text of the judgment is given below which is self explanatory. Important portions have been marked in Red and are reproduced below:-

 

22. Thus, the amendment is violating the basic structure of the Constitution so long as the subject of Co-Operative Societies is in the List II of the 7th Schedule and at the same time, the provisions of Article 368(2) has not been complied with. The Constitution has not permitted curtailment of the power of the State Legislatures over the subject mentioned in List II without taking recourse to Article 368 (2).

 

27. We, therefore, allow this Public Interest Litigation by declaring that the Constitution [97th amendment] Act, 2011 inserting part IXB containing Articles 243ZH to 243ZT is ultra vires the Constitution of India for not taking recourse to Article 368(2) of the Constitution providing for ratification by the majority of the State Legislatures. This order, however, will not affect other parts of the Constitution [97th amendment] Act, 2011.


 

(2) Plan to Computerize DRTs put on hold  

 

The following news item appeared in  the e-paper of ‘Live Mint & THE WALL STREET JOURNAL’ of ‘Hindustan Times’Dated 01.08.13:-

Plan to computerize debt recovery tribunals put on hold

www.a.com/Politics/FKQ3PvHgfnwmZQ2Z2DjuIN/Plan-to-computerize-debt-recovery-tribunals-put-on-hold.html

The finance ministry is reconsidering the move, given the high cost of computerizing these tribunals
First Published: Sun, Jul 28 2013. 11 45 PM IST

Updated: Sun, Jul 28 2013. 11 47 PM IST

New Delhi/Mumbai: The government has put on hold its plans of fully computerizing debt recovery tribunals (DRTs), a move that may further delay the overhauling of these tribunals saddled with long delays and pending cases.

Given the high cost of computerizing these tribunals, the finance ministry is reconsidering the move, two people familiar with the development said, requesting anonymity.

As on March, there were 40,866 cases pending in the tribunals involving an outstanding amount of Rs.1.41 trillion.

Implementation of electronic governance in DRTs would have helped banks, defendants and recovery officers by automating all processes and procedures and expediting the recovery process of public money, the government had said in an answer to a question in Parliament in March.

It would have ensured applicants and defendants got hassle-free access to information, made it easier for banks and financial institutions to track case-related information and helped recovery officers enforce orders. DRTs would also be able to efficiently manage case records and improve the efficiency of their services through this computerization.

“The approximate cost of this plan is around Rs.200 crore. The question being discussed is whether this will solve the problems plaguing the DRTs,” said one of the people mentioned above.

“DRT should look at appointing judges first before taking up computerization, etc. In key areas, there are no judges in DRT. They are also understaffed and frequently banks send their legal officers on deputation to DRT,” said the chairman of a state-run bank. “Yes, with computerization, things should have improved provided there were judges to pass a speedy judgement.”

Banks can take recourse to DRTs to recover any asset of a borrower, irrespective of whether they are pledged with the bank or not. This is in contrast to recovery under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Sarfaesi) Act, where only assets that are mortgaged with the banks can be recovered.

The situation has improved over the last year, said another senior official with another state-run bank. “The staff is being recruited and the situation is much better than before. However, it will take a long time for reducing the number of pending cases,” he said. But because of the long time taken by DRTs, partly due to the delaying tactics used by lawyers of the borrowers, banks prefer the Sarfaesi route, he said. Also, when DRT rules in favour of the banks, it can be challenged with the appellate tribunal in DRT and then at the Supreme Court, which makes it a long process, he added.

The number of pending cases at the end of 2012 was 41,205 involving Rs.1.30 trillion, compared with 54,061 cases involving Rs.1.46 trillion at the end of 2011.

To improve the functioning of DRTs, the government enacted the Enforcement of Security Interest and Recovery of Debt Laws (Amendment) 2012. Under this, a defendant will have to file a written statement in a case within 30 days. The number of adjournment per case was also restricted to three per defendant. DRTs have also been empowered to pass an order acknowledging the settlement reached between banks and borrowers.

Ajay Gautam, an advocate who handles cases in DRTs, said presiding officers take a long time in giving stay orders for applications.

“When we approach the tribunal for getting a stay order for an auction by the bank, the presiding officer does not decide the case in a day or two. Sometimes a stay order is given after the bank auctions the property,” Gautam said. “Because of this, the bank even adds the cost involved in auctioning, like advertisements in newspapers, to the client’s account.”

(3) BRAINY …….Beauty of English Language…..  

 

Mr Firoz Poonawalla has sent the following interesting piece:-

This has got to be one of the cleverest pieces in awhile. Someone out there Must be “deadly" atScrabble. (Wait till you see the last one)!!
========================

PRESBYTERIAN
:
When you rearrange the letters:
BEST IN PRAYER


ASTRONOMER
:
When you rearrange the letters:
MOON STARER


DESPERATION
:
When you rearrange the letters:
A ROPE ENDS IT


THE EYES
:
When you rearrange the letters:
THEY SEE


GEORGE BUSH:
When you rearrange the letters:
HE BUGS GORE


THE MORSE CODE
:

When you rearrange the letters:
HERE COME DOTS


DORMITORY
:
When you rearrange the letters:
DIRTY ROOM

SLOT MACHINES
:
When you rearrange the letters:
CASH LOST IN ME


ANIMOSITY
:
When you rearrange the letters:
IS NO AMITY


ELECTION RESULTS
:
When you rearrange the letters:
LIES - LET'S RECOUNT


SNOOZE ALARMS
:
When you rearrange the letters:
ALAS ! NO MORE Z'S


A DECIMAL POINT
:
When you rearrange the letters:
I'M A DOT IN PLACE

THE EARTHQUAKES
:
When you rearrange the letters:
THAT QUEER SHAKE

ELEVEN PLUS TWO
:
When you rearrange the letters:
TWELVE PLUS ONE

AND FOR THE GRAND FINALE:

MOTHER-IN-LAW
:
When you rearrange the letters:
WOMAN HITLER


Bet your friends haven't seen this one ! ! !

======================

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DRT Solutions Weekly Mail – 272nd Issue dated 19th July  ’13

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


 


 

(1) Wilful Defaulter – Declaration – Bombay High Court, Nagpur Bench orders Interim Stay  

 

One of our clients informed that Nagpur Bench of Bombay High Court has ordered issuance of notice before admission and also granted interim relief restraining respondents from publishing including displaying the names of the petitioners under Wilful Defaulters’ List.

The matter of declaration of wilful defaulter has been covered by us in several previous weekly mails wherein it was pointed out that:-

(a)   In one case, the district court has granted such stay against the injunction suit.

(b)   In another case, during the proceedings of relevant Injunction suit in the district court, the bank itself withdrew declaration of the wilful defaulter.

(c)   Few writ petitions in High Courts have been filed and are at various stages of adjudication.

(d)   Filing of injunction suit in the civil court is preferable compared with filing writ petitions in High Court as the facts relating to the procedure laid down by the RBI may be ascertained in better manner by trial court compared with writ court. Further much greater time will be consumed in trial court apart from having larger number of higher courts for appeal jurisdiction. As a result the whole intention of harassment by the bank will be totally lost rather the bank officials will get involved in yet another litigation.  

 

(2)  ‘The Judgment will Create Awareness’  

 

The following recent interview published in “Frontline’ magazine of ‘The Hindu’ is self explanatory:-

‘The judgment will create awareness’

Interview with advocate Lily Thomas, the petitioner in the Supreme Court case on Representation of People’s Act. By SAGNIK DUTTA 

http://www.frontline.in/the-nation/the-judgment-will-create-awareness/article4944713.ece

LILY THOMAS, 85, an advocate in the Supreme Court, has worked on constitutional law, women’s rights and issues of personal liberty. She was the petitioner in the Supreme Court case (Lily Thomas vs Union of India and others) where the court struck down Section 8(4) of the Representation of the People Act (RPA) as being unconstitutional. In 2000, in response to a petition filed by her, the Supreme Court came down heavily on conversion to Islam for the express purpose of entering into a second marriage. Lily Thomas spoke toFrontline about her passion for constitutional values, the possible impact of this judgment on the Indian polity, and the enhanced role of the judiciary and civil society. Excerpts:

The Supreme Court judgment striking down Section 8(4) of the RPA has been hailed as charting a path for decriminalization of politics. What objectives did you have in mind when you filed the petition?

The primary aim that we had in mind was to ensure that Parliament and public service should be free of criminals and corruption. This is our job; it’s the duty of the Bar. With my training and education as an advocate, I would consider it a serious dereliction of duty if I did not take up these issues. This petition was filed in 2005. Also, the Supreme Court has played an important role as the custodian of political ethics. It was receptive to this petition. There was an earlier judgment of the Constitution Bench of the Supreme Court inK. Prabhakarn vs P Jayarajan in 2005 which was interpreted by the respondents as upholding the validity of Sub-section(4) of Section 8 of the RPA. In the present judgment, the Supreme Court cited the case but said that the issue of constitutionality of Section 8 was not at all considered by the Constitution Bench.

What ramifications will the judgment have on Indian polity? Also, why did you think the Supreme Court did not apply the judgment retrospectively on politicians who have resorted to the use of this section?

It is for us as a society to make the judgment work. Corruption and criminality have become part of elections. This pattern of democracy has to be changed. All sorts of evils have crept into the practice of fighting elections. Thanks to judgments like these, our civil society is more active now. The civil society is a natural social phenomenon. We must create “centres of leadership”. This is how democracy works. Then only will you become a part of the system. Otherwise, the government becomes an organisation run according to a patron-client system. Citizens do not have access to administration because of corruption. We must create access to an administration and a political system free of corruption.

During the hearing of this case, S.N. Shukla, advocate, cited a passage from the Constituent Assembly debates which clearly provides for disqualification of a Member of Parliament convicted of a crime. Though Article 102 of the Constitution allows Parliament to define disqualification, the right to appeal and the consequent three months’ deferral of disqualification are not allowed by the Constitution. I think it was wise on the part of the Supreme Court not to apply the judgment retrospectively because this would have created a whole lot of practical problems. A huge amount of litigation would have come in then and it would have been a huge burden on the administration.

The judgment has once again brought to the fore the issue of Parliament restricting the powers of the government when legislation violates constitutional principles. Does this pre-empt more conflicts between the judiciary and the executive?

The judgment is a clinical interpretation of law, of what the Constitution says. The judiciary very well knows its own limits. The interpretation of law is the function of the judiciary. This judgment will make people think. It will create awareness about constitutional principles.

Doubts have been raised about the political implications of this judgment on the stability of governments in the long run. For instance, if a number of representatives are convicted on criminal charges, a crisis in the government might arise. What are your thoughts on this critique?

If stability is coming from criminals, it is against natural law. Crime does not give stability. Ethics give stability. Stability comes from natural justice. Politicians are making this argument because of their own vested interests. J.M. Lyngdoh had once referred to corrupt politicians as “cancer of society”. Only a clean, “satvic” image of Parliament can provide stability.

Are there more such petitions in the offing? What issues do they address?

The court will get to know about the petitions first [smiles]. There is no stale news for the court.

(3)  10 Common Habits that Damage the Kidneys  

 

Mr Firoz Poonawalla has sent the following useful information:- 

10 Common Habits that damage the kidneys
=============================================
             Kidney disease is one of the costliest illnesses in the
world and managing kidney disease is very expensive.

             Each year, lots of people die of kidney disease all over
the world, and the number of people suffering from chronic renal
failure, and need dialysis or kidney transplantation to stay alive
keep increasing.

             Statistics have it that, worldwide, more than a  million
patients are waiting for kidney transplants, but only a few thousands
will receive transplants because of shortage of suitable organ donors.

             Patients usually felt surprised when they are diagnosed
of Kidney Failure.

             Experts have found the explanation from your daily life habits.

             Here are the top habits which lead to your kidney failure:

             1. Not emptying your bladder early: Maintaining a full
bladder for a long time is a quick way of causing bladder damage. That
the urine stays in the bladder for a long time can cause the bacteria
breeding in urine to multiply quickly. Once the urine refluxes back to
ureter and kidneys, the bacteria can result in kidney infections, then
urinary tract infection, and then nephritis, even Uremia.
             So, no matter how busy you are, remember to drink a lot
of water and urinate regularly. Once you form the habit of holding
back urine, it will ultimately damage your kidneys.

             2. Not drinking enough water: The main functions of the
kidneys are to regulate erythrocyte balances and eliminate metabolic
wastes in urine. If we do not drink enough water, the blood will be
concentrated and the blood flow to the kidney will not be adequate,
thus the function of eliminating toxins in from blood will be
impaired.
           
             3. Taking too much salt: 95% sodium we consume through
food is metabolized by the kidneys. Exceeding the salt intake will
make the kidneys work harder to excrete the excess salt and can lead
to decreased kidney function. This excess sodium will cause water
retention, causing edema. Edema usually elevates blood pressure and
increases the risk of developing kidney disease. The daily salt intake
should be controlled within 6g per day.

             4. Not treating common infections quickly and properly:
Common infections, such as pharyngitis, tonsillitis, common cold etc,
usually triggers or aggravates kidney damage. They do this by causing
an acute attack of acute glomerulonephritis or chronic nephritis. So,
you will see that people who get kidney disease for the first time or
whose illness condition becomes worse usually present in hospitals
with a history of cold or sore throat.
             If after having cold, symptoms like blood in urine,
swelling, headache, nausea, vomiting, fatigue, poor appetite appear,
you should consult your doctor immediately, to assess your kidney
functions, and start treatment if compromised.

             5. Eating too much meat: Eating too much meat and
protein can increase the metabolic load of the kidney. For those
suffering from proteinuria, meat consumption too may aggravate protein
leakage, worsening renal pathological lesion.
             It is suggested that protein intake should be 0.8g/kg
per day. This means that a person with 50 kg weight  should consume 40g of
protein per day. Meat consumption per day should be limited within
300g.

             6. Not eating enough:This is equally as dangerous as
eating too much, both of them will lead damages to your digestive
organs where is full of mucosal tissues. Mucosal tissues relates
closely to your immune system. This is why many kidney failure
patients are diagnosed with "autoimmune kidney damages".

             7. Painkiller abuse: The use of analgesics for a
prolonged duration may reduce the flow blood and greatly affect kidney
function. In addition, patients with analgesic-induced renal failure
are more likely to suffer from bladder cancer.
             Use analgesics only when it's absolutely necessary,
learn to rest instead of taking to the bottles. If you have been on
pain killers for a long term, it's about time you had a test to access
you renal function done.

             8. Missing your drugs:Hypertension and diabetes have
been shown to precipitate or accelerate kidney damage, so if you are
diagnosed as having any of these disease don't live your life in
denial, USE YOUR DRUGS.
             This will ultimately help control your condition while
also helping to preserve your kidneys.

             9. Drinking too much alcohol: Drinking alcohol without
limitation may cause the deposition of uric acid in renal tubules,
causing tubular obstruction and increasing risks of kidney failure.

             10. Not resting enough:In our society, hypertension as a
severe threat to life is largely due to stress. A common symptom of
stress is insomnia. Blood pressure may increase by an average of
2-5mg/Hg because of insomnia. Chronically elevated blood pressure can
cause damage to kidney capillaries giving rise to kidney problems.
Thus, we need to develop a good attitude to life and strike a good
balance between work and rest to protect your kidneys and live a
healthy life.

             At the early stage of kidney diseases, there are usually
no special symptoms, so lots of patients are not diagnosed until
the acute attack appears or the illness condition develops into the
late stage. So you should endeavor to do kidney function test from
time to time to assess how healthy your kidneys are.

             Never ignore the soreness of waist, swelling of the
feet, changes in urine color or volume, increase in night urination,
palor, high blood pressure and other such symptoms. Once found, you
should go and see your doctor immediately.
 

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DRT Solutions Weekly Mail – 271st Issue dated 19th July  ’13

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


 

(1) Securitization Act not Applicable to Co-operative Banks 

 

In previous mails we covered this item. However there were few queries from the clients as well as recipients of our weekly mails. Our comments are as under:-

(a)   The relevant news items are reproduced below after these comments.

(b)   The relevant judgment of the Gujrat High Court is available on net vide link http://indiankanoon.org/doc/114669987/

(c)   A study of the said judgment reveals that the law relating to co-operative societies and co-operative banks being a subject matter of State Govts, the Central Govt has no powers to enact or relevant central legislations will not govern them.

(d)   It is complex legal matter and since 1965, the Supreme Court has been facing several questions on this subject and several writs are still pending in the Supreme Court.

(e)   On account of political reasons, the State Govt do not want to lose control on the co-operative banks and therefore the matter becomes further complex.

(f)    The management of these banks desire to take advantage of the better Recovery Legislations like DRT and Securitization Acts and hence they are trying to invoke the same but they are bound to fail due to overriding legal considerations based on the ultimate mother law i.e. our constitution.

(g)   The borrowers are advised to bring the above to the notice of the banks and despite they continue to take action, the matter may be put up before the DRT or the court of law praying to grant stay. If there is any adverse order, they may appeal to DRAT and or the High Court.   

(h)   As regards multistate co-operative banks, the above will not apply as they are governed by the central legislation.

Premal Balan  |  Ahmedabad  April 22, 2013 Last Updated at 17:16 IST

Securitisation Act not applicable to cooperative banks: Guj HC

Further says: Securitisation Act would not be applicable to cooperative banks under the union govt notification of Jan 2003

A.business-standard.com/article/economy-policy/securitisation-act-not-applicable-to-cooperative-banks-guj-hc-113042200481_1.html 

The Gujarat High Court o n Monday held that cooperative banks cannot use the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SRFAESIA), 2002 orSecuritisation Act, for recovery of  debts from its defaulters.

A division bench of Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala in a common judgement declared 
Central governmentnotification dated January 28, 2003, bringing the cooperative societies within purview of Securitisation Act, as null and void.

They further held that Securitisation Act would not be applicable to cooperative banks under the union government notification of January 2003, as it would be in contradiction with provisions of the Banking Regulation Act,1949.
 
The bench was acting on a bunch of petitions seeking cancelation of Central government notification dated January 28, 2003, bringing the cooperative societies within purview of Securitisation Act.

Various petitioners (defaulters) had approached High Court through their lawyers Masoom Shah and Vishwas Shah, after the cooperative banks sent them notices under the Securitisation Act warning against property seizure as they had defaulted on loan payments.

The petitioners had further claimed that Securitisation Act was not applicable to the cooperative banks formed under the state acts as there is already a mechanism for recovery under those state Act, in this case it is Gujarat Cooperative Societies Act, 1961.

Also, the Act was applicable to “a company engaged in banking, and not a cooperative society engaged in banking”, they had said in their petitions, adding that there was a conscious exclusion and deliberate omission of cooperative banks from the purview of the Banking Regulation Act.

BS Reporter  |  Mumbai/ Ahmedabad  April 22, 2013 Last Updated at 20:18 IST

Guj HC: Certain provisions of 97th amendment unconstitutional

Claims that India has no legislative competence to enact law for co-operative society which is exclusively a state subject under the constitution

http://www.business-standard.com/article/economy-policy/guj-hc-certain-provisions-of-97th-amendment-unconstitutional-113042200816_1.html

Gujrat High Court on Monday declared certain provisions of the97th amendment to the Constitution of India, dealing with cooperative societies, as unconstitutional and ordered them to be quashed.

The judgement was passed by Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala acting on a public interest litigation (
PIL) filed by Rajendra Shah of Consumer Protection Analytic Committee (CPAC ), claiming that Union of India has no legislative competence to enact Law for co-operative society which is exclusively a state subject under the Constitution of India. Counsel for the petitioner Masoom Shah and Vishwas Shah said that exact provisions declared unconstitutional would be known only after receipt of copy of the order. They however, said that court has held that 97th amendment was an infringement on the basic structure of fedralism where only state can make law for cooperative societies.

The 97th amendment with regard to promotion of cooperatives by the state government was passed by the Lok Sabha and Rajya Sabha in December 2011, had received Presidential assent in January this year, published in Gazette of India on the next day and the came into affect from February 15.

During the course of argument, the petitioners had argued that the 97th Constitutional amendment is not required as it legislates and encroaches on the occupied field of the State legislation thus it's a patent case of transgression Constitutional power. The Constitution amendment Act, cannot be used as a device to indirectly legislate on the State Entry, when directly it is prohibited, they argued.

The PIL further alleged that the 97th Amendment violates the procedure as laid down in articled 368 (2) for an amendment of the Constitution.

"As per Proviso of the Article 368, if Parliament intents to amend or delete, any of the Lists in the Seventh Schedule, such Amendment shall require to be ratified by the Legislature of not less than one half of the States by resolution to the effect passed by those Legislatures before the Bill making provision for such Amendment is presented to the President for Assent," it said. "Therefore, for amending or deleting any Lists of Seven Schedule ratification of State Legislative is unavoidable... and is basic requirement," the petitioner had claimed.


 

(2) Rising NPA – More Pains to Public Sector Banks

 

The following news item is self explanatory. The consequences of rising NPAs are greater efforts for recovery by the banks, greater recovery actions by the DRTs etc. All these will result into greater illegal actions and hence the borrowers need more vigilance and alertness about which we have dealt with in detail in our several weekly mails.

Rising NPA load to bring more pain for PSBs banks like Allahabad bank, Indian Bank others

http://economictimes.indiatimes.com/news/news-by-industry/banking/finance/banking/Rising-NPA-load-to-bring-more-pain-for-PSBs-banks-like-Allahabad-bank-Indian-Bank-others/articleshow/20919716.cms

MUMBAI: Shares of public sector banks(PSBs) such as Allahabad BankBSE 4.56 %, Indian Bank, Bank of India among others have crashed up to 25% over the past one month on fears of growing non-performing assets (NPAs) in sectors like chemicals, pharmaceuticals, steel and textiles, as well as the spectre of a rising wage bill.

The future also doesn't look promising for these banks as they are expected to report disappointing results in the coming earnings season.

Shankar Sharma of First Global, an ace investor, is bearish on the banking sector. "Banks are unlikely to deliver 15% to 20% earnings as the Indian economy itself is finding it tough to grow at 5%," he says. Therefore, if any bank is growing at 15%, then one has to conclude that it is taking excessive risk, he reasons.

Analysts say that these banks will have to take some tough decisions on debt restructuring, besides advising companies - where they have an exposure - on recasting their businesses.

 

The combined gross non-performing assets and restructured loans for the banking industryis around 10% of the total loan outstanding, which is a big worry, and most of the bad loans are from PSU banks," says Pankaj Pandey, head of research at ICICI Securities.
"PSU banks will continue to struggle with asset quality. Also, the Reserve Bank of India's new provisioning norms on bad loans will put PSU banks at further risk," he adds.

"We expect government banks to report disappointing results for the April-June quarter as they may be impacted at the net profit level by higher wage revisions. State-run banks like PNB, BoB, BoI and Canara Bank's headline earnings are expected to come down by 10 to 20% (year-on-year) on higher wage costs and lower loan yields," says Rajeev Varma, research analyst at DSP Merrill Lynch in a note.

Recently, the government asked state-run banks to reduce lending rates, and clear stalled projects. If this happens, it may hit banks' net interest margins adversely and further add to the rising NPAs, fear analysts.

"The pain for PSU banks may continue as non-performing liabilities, coupled with high restructuring, especially in the power sector, may add further pressure," says Manish Karwa, research analyst at Deutsche Bank in a research note.

RBI has issued draft guidelines that would require banks to make higher provisions (standard provisions) and increase risk weightage on exposure to companies that have unhedged foreign-currency exposure. "We believe large PSU banks such as SBI, BoB, BoI and PNB will get impacted as they are involved in lending through foreign currency, especially in long-term loans," says Kotak Institutional Equities in a research note.

The falling rupee has also made things worse for these banks, already grappling with a host of problems.

"Many corporates are under severe stress as the rupee has fallen to 60 against the dollar. We expect the asset quality of PSU banks to deteriorate further as business of many corporates has come under stress," says Amar Ambani, head of research, IIFL.

"We would like to advise investors to avoid PSU banks despite prices falling sharply from their highs," he adds.

 

(3) Salute to All Parsis

Mr Firoz Poonawalla has sent the following valuable information:-

SALUTE TO ALL PARSIS .......

 =====================

No Indian community internalized the civilizing mission of the British as did the Parsis. Only 50,000 remain in Bombay today, mainly in South Bombay, the most disciplined and cultured part of India.
In South Bombay, the cutting of lanes by drivers is punished, jumping a red light is impossible, parking is possible only in allotted areas, roads are clean, service is efficient, the restaurants are unmatched -
 civilization seems within reach. South Bombay has some of the finest buildings in India, many of them built by Parsis.

The Parsis came to Bombay after Surat's port silted over in the 17th century. Gerald Aungier settled Bombayand gave Parsis land for their Tower of Silence on Malabar Hill in 1672. The Parsis made millions through the early and mid-1800s and they spent much of it on public good.
The Ambanis 
built Dhirubhai Ambani International School , where fees are Rs. 348,000 (US $8,000 a year in a country where per capita income is $ 600 per year) and where the head girl is Mukesh Ambani's daughter!!!
The Kingfisher Mallyas 
gilded the insides of the Tirupati temple with gold.
Lakshmi Mittal, the fourth richest richest man in the world
 says he's too young to think of charity!! ... He's 57 and worth $45 billion. 
The Birla Family built 3 temples in Hyderabad , Jaipur and Delhi .
Hindu philanthropy means building temples. They do not understand social philanthropy.

The Hindus' lack of enthusiasm for philanthropy is cultural. The Hindu cosmos is Hobbesian and the devotee's relationship with God is transactional. God must be petitioned and placated to swing the universe's blessings towards you and away from someone else. They believe that society has no role in your advancement and there is no reason to give back to it because it hasn't given you anything in the first place.
 Two centuries of British education was unable to alter this.

The Parsis, on the other hand, understood that philanthropy - love of mankind - recognizes that we cannot progress alone. That there is such a thing as the common good. They spent as no Indian community had ever before, on building institutions, making them stand out in a culture whose talent lies in renaming things other people built. 

The Parsis built libraries all over India , they built the National Gallery of Art. The Indian Institute of Science was built in 1911 by Jamshedji Nusserwanji Tata, the Tata Institute of Fundamental Research was built by Dr Homi Bhabha, the Tata Institute of Social Science was built in 1936 by the Sir Dorabji Tata Trust. The Wadias built hospitals, women's colleges and the five great low-income Parsi colonies of
 Bombay . JJ Hospital and Grant Medical College were founded by Sir Jamsetjee Jejeebhoy. 

By 1924, two out of five Indians - whether Hindu, Muslim or Parsi - joining the Indian Civil Services were on TATA scholarships.

They gave Bombay the Jehangir
 Art GallerySir JJ School of Art , the Taraporevala Aquarium. The National Center for Performing Arts, the only place in India where world-class classical concerts are held is a gift of the Tatas. There are 161 Friends of the Symphony Orchestra of India (SOI) -www.soimumbai.in <http://www.soimumbai.in/> .92 of them are Parsis. For an annual fee of Rs 10,000, Friends of the SOI get two tickets to any one recital in the season, they get to shake hands with artistes after the concert and they get to attend music appreciation talks through the year.

The Parsi dominates high culture in Bombay.
 This means that a concert experience in the city is unlike that in any other part of India . Classical concerts seat as many as two thousand. Zubin Mehta, the most famous Parsi in the world, is Director of the Israel Philharmonic Orchestra since 1969. He conducts the tenor Placido Domingo, the pianist Daniel Barenboim and the soprano Barbara Frittoli. Four concerts are held at the Jamshed Bhabha Opera House and then one at Brabourne Stadium with a capacity of 25,000.

No other city in India has this appetite for classical music and in Bombay this comes from the Parsis.
 Despite their tiny population, the Parsi presence in a concert hall is above 50 per cent. And they all come. Gorgeous Parsi girls in formal clothes - saris, gowns - children, men and the old. Many have to be helped to their seats. Most of them know the music.
The people who clap between movements, thinking that the 'song' is over, are non-Parsis. Symphony Orchestra of India concerts begin at 7 pm. Once the musicians start, latecomers must wait outside till the movement ends. The end of each movement also signals a fusillade of coughs and groans, held back by doddering Parsis too polite to make a sound while Mendelssohn is being played. No mobile phone ever goes off as is common in cinema halls: his neighbors are aware of the Parsi's insistence of form and his temper. The Parsis were also pioneers of Bombay's Gujarati theatre, which remains the most popular form of live entertainment in Bombay. Any week of the year will see at least a half dozen bedroom comedies, murder mysteries, love stories and plays on assorted themes on stage.

The Parsis were the pioneers of this, writing and acting in the first plays of Bombay. They also built the institutions that supported this. 
Bombay 's first theatre was opened by Parsis in 1846, the Grant Road Theatre, donations from Jamshetjee Jejeebhoy andFramjee cowasjee making it possible. 

Want to add about the generosity about Ratan Tata who did so much about the staff of Taj Hotel during the terrorist attack in Mumbai. Not only that but he also set up camps for all the other victims and their families who suffered during the attack at Bori Bunder.

The Parsi in Bollywood caricature is a comic figure, but always honest, and innocent as Indians believe Parsis generally to be, rightly or wrongly. 
In the days before modern cars came to India the words 'Parsi-owned' were guaranteed to ensure that a second-hand car listed for sale would get picked up ahead of any others. This is because people are aware of how carefully the Parsi keeps his things. His understanding and enthusiasm of the mechanical separates him from the rest. Most of the automobile magazines in India are owned and edited by Parsis.

The Parsis are a dying community and this means that more Parsis die each year than are born (Symphony concert-goers can also discern the disappearing Parsi from the rising numbers of those who clap between movements).

As the Parsis leave, South Bombay will become like the rest of Bombay - brutish, undisciplined and filthy.

Preserve this race...You are privileged if you have a Parsi as your friend...He/She is indeed a "Heritage" to be treasured for ever.

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