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 - 281st to 290th Issues

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

 

 

 

DRT Solutions Weekly Mail – 290th Issue dated 29th November ’13

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

 

(1) Magistrate Rejects Application of the Bank u/s 14 of Securitization Act – Copy of the Order in English

 

Mr Sanjay Jain, one of our clients at Nagpur has informed that the Magistrate has dismissed the application of the Bank u/s 14. He had sent the copy of the judgment and the order passed by the said Magistrate. Complete order was in Marathi and the same was reproduced on our web site. Now he has sent the translation of the said order in English which is available on our web site vide link http://www.drtsolutions.com/State%20Bank%20Patiala-Meghraj.htm .

 

(2) DRAT Allahabad Upholds Appeal by Borrower – Notice u/s 13(2) Quashed & Set Aside – Auction Sale Set Aside – Bank Directed to Return Money received from Auction Purchaser with Interest – SA Allowed

 

In the matter of Midex Global Pvt Ltd vs AO & State Bank of India decided on 30.07.13 vide citation 2013(2) DRTC 571, the DRAT Allahabad has allowed the Appeal filed by the Borrower stating that the notice u/s 13(2) issued by the bank is quashed and consequently, all the taken by the bank including the auction are also set aside. The SA stands allowed. The bank is directed to return the money received from the auction purchaser and the money shall be returned to the auction purchaser along with interest @ 10%

 

(3) DRAT Allahabad finds Wrong and Carelessness on Part of PO DRT Jabalpur – The DRT Judge cannot be Permitted to go on Committing Mistakes under garb of Pressure of Work or Due to Inadvertence – Repeated Mistakes Shocks the Conscience of Justice & Litigants as No Litigant will have Faith in a Court of Law – Order passed by DRT Set Aside  

 

In the matter of Bimla Singh vs AO & Allahabad Bank vide citation 2013(2) DRTC 564, the DRAT Allahabad has heavily criticized the decision and working of PO DRT Jabalpur and set aside the order issued by the DRT.

We have long back opined that the DRTs are double edged sword for the banks and DRTs. On account of pressure for hurried actions, the mistakes will be committed by both the bueauracracies. Since both are public servants, they have to conduct all proceedings in writing, their wrong doings will always be recorded and available. That is why we have been insisting on the borrowers to keep meticulous oral and written records, analyze the same and ensure that it becomes a court record. In future more such cases as above will come to light.

 

(4) Eviction from Secured Assets (Residential House) Stayed by Supreme Court  

 

Mr Bharat Gandhi Lawyer,(AOR) Supreme Court of India has informed that the slp was filed on the orders of Magistrate i.e. CMM court order rejecting the tenant application to recall section 14 order and on the basis of the small causes court order rejection to grant the stay order on the bank due to lack of jurisdiction. The said order of the Magistrate has been stayed by the Supreme Court vide  SLP CRL No 9217 of 2013. This will provide relief to the tenants staying in the secured assets (residential houses) prior to creation of security interest.

 

(5) More on Life Style – Good Message  

 

Mr Firoz Poonawalla has sent Good Message in form of the following hilarious story. We must do our best and leave the results to HIM:-

  

One Day..Yamraj came to a Guy and said:

"Hey, today is your last day!"

Guy: "But i'm not ready!".

Yamraj said: "Well today your name is the first on my list...".

Guy:"Okay,then why don't you take a seat and We will drink a COFFEE before we go?"

Yamraj: "All right.. ".

The Guy gave Yamraj some COFFEE with sleeping pills in it.
Yamraj finished COFFEE and fell into a deep sleep!!!

The Guy took the list & removed his name from top of the list and put at the bottom of the list!

When Yamraj woke up he said to the Guy:"Because you have been so nice to me, now I will start my job from the BOTTOM of the list.." !!! Moral:

Whatever is written in your Destiny ...
Will never change... no matter how much u try..
---------------------------------------
------

 

 Shri Krishna Says:

"Tu karta woh hai
jo tu chahata hai,

Par hota woh hai
jo mai chahata hu!

Tu kar woh jo mai chahata hu....
Fir hoga woh jo tu chahta hai...
."

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DRT Solutions Weekly Mail – 289th Issue dated 22nd November ’13

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

 

(1) Pleadings in DRTs relating to Defence of Borrowers and Guarantors

 

Despite our dealing with this topic in several weekly mails as well as in our web site viz. www.drtsolutions.com , we continue to receive various queries. Our views are as under:-

(a)           The pleadings should contain the facts and facts only.

(b)           The facts in DRT cases relate to banking, industry and finance.

(c)           The major pleadings in the matter of Securitization Act is the application u/s 17 of the Act. Whereas in respect of the DRT Act, the major pleadings are WS and the Counter-claim.

(d)           The pleadings should be prepared by a person having mastery over relevant facts (i.e. Banking, Industry and Finance) as well as mastery over relevant laws (DRT Act, Securitization Act, Banking Regulations Act, RBI Act, Nationalization Act, Law of Torts, Law of Damages, CPC, Constitution of India etc)

(e)           In relation to the banking cases pertaining to the defence of borrowers and guarantors, the material pleadings will include appraisal, sanction, enhancement if any, revival, rehabilitation or restructuring if any, observance and violations of Govt policies and RBI Guidelines, all such wrong doings etc.

(f)            Loss and Damages suffered due to said wrong doings by the bank or the counter-claim must be pleaded based on documents such as project report or Balance Sheets and or the relevant correspondence.

(g)           The loss and damages or the counter-claim must include all types of damages i.e. direct pecuniary loss, business opportunity loss, loss of image, reputation, mental tension, image and reputation, aggravated damages, exemplary damages etc. The ingredients such as remoteness of damages and limitation must be dealt with properly.

(h)           As a whole whatever material facts are pleaded, it must be ensured that there will have to be proved in accordance with the established law of evidence.

(i)            We have observed that the borrowers are not aware of the intricate facts relating to the banking, industry and finance. Further they are also not aware of related legal aspects and hence they are not able to brief their advocates properly. The advocates mostly know the general legal aspects. Hence most of the pleadings relating to defence of the borrowers and guarantors have inherent incompleteness and imperfections leading to incomplete and imperfect trials which cannot be corrected later on.

(j)            The role of the judge is like a referee who can not take part in correcting above mentioned deficiencies and hence the case is destined to be decided in favor of the banks.

(k)           On account of our exposure for past several years, we have caught hold of the above state of affairs and accordingly developed suitable pleadings on account of which either the banks lose the case or are forced to settle at a very low amount ranging from 5% to 20% of the claim amount.

(2) Kingfisher DRT Case – Rs 6200 Crores Loans without Securities – Recovery thereof

 

The following is the latest development relating to recovery of Rs 6200 crores worth of loans given to the Kingfisher airlines. We need to know as to how such a large amount of loans were sanctioned without securities. The Chairmen of the concerned banks are questionable. On one hand small borrowers are denied small loans without collateral and personal guarantees and in the matter of recoveries for which even external factors are responsible, they are driven out of their only dwellings, large loans of thousands of crores are sanctioned without securities and recovery matters are dragged on for years without any results.

DRT case-Karnataka HC restrains KAL, UBHL and Mallya from transferring any asset


TNN | Nov 20, 2013, 05.39 PM IST

Bangalore: In an interesting development, the Karnataka high court has restrained Kingfisher Airlines Limited, United Breweries Holdings Limited(UBHL) and the Chairman of those companies Vijay Mallya from either transferring or alinetating any assets .

Justice A S Bopanna , who had earlier passed an interim order on similar lines on September 3, confirmed the same while disposing off a petition filed by nearly 15 odd banks.

Now, this order would be in force till the disposal of the applications filed by State Bank of India(SBI) and 14 other banks by the Debts Recovery Tribunal(DRT) . The Judge also asked the DRT to dispose off the applications as expeditiously as possible.

The Banks, who were part of a consortium headed by SBI are seeking recovery of Rs 6,200 cr from KAL and UBHL. The banks approached the high court complaining that the DRT neither consider their applications on merit not granted any interim relief.

 

(3) On Lifestyle – One of the Best Mails

 

Mr Firoz Poonawalla has sent the following useful mail:-

one of the best mails by Andy Rooney

 I've learned.....

That the best classroom in the world is at the feet of an elderly person. 

I've learned....

That when you're in love, it shows.. 

I've learned.....

That just one person saying to me,

'You've made my day!' makes my day. 

I've learned....

That having a child fall asleep in your arms is

One of the most peaceful feelings in the world. 

I've learned....

That being Kind is more important than being Right. 
==========================
I've learned....

That you should never say NO to a gift from a child. 
=======================
I've learned....

That I can always pray for someone,

When I don't have the strength to help him in some other way. 

I've learned.....

That sometimes all a person needs

Is a Hand to hold and a Heart to understand.  

I've learned.....

That we should be glad God doesn't give us everything we ask for. 

I've learned....

That money doesn't buy class. 

I've learned....

That it's those small daily happenings that make life so spectacular. 

I've learned...

That under everyone's hard shell is someone

who wants to be appreciated and loved. 

I've learned....

That to ignore the facts does not change the facts. 

I've learned....

That when you plan to get even with someone,

you are only letting that person continue to hurt you

I've learned....

That love, not time, heals all wounds. 

I've learned....

That the easiest way for me to grow as a person is

to surround myself with people smarter than I am. 

I've learned....

That everyone you meet deserves to be greeted with a smile. 

I've learned....

That no one is perfect until you fall in love with them. 

I've learned...

That life is tough,

to succeed you must become tougher. 

I've learned....

That opportunities are never lost;

Someone will take the ones you miss. 

I've learned....

That when you harbor bitterness,

Happiness will dock elsewhere

I've learned....

That I wish I could have told my Mom that

I love her one more time before she passed away. 

I've learned....

That one should keep his words both soft and tender,

Because tomorrow he may have to eat them. 

I've learned....

That a smile is an inexpensive way to improve your looks. 

I've learned....

That when your newly born grandchild holds your little finger in his little fist,

That you're hooked for life. 

I've learned....

That everyone wants to live on top of the mountain,

But all the happiness and growth occurs while you're climbing it. 

I've learned....

That the less time I have to work with,

The more things I get done. 

horizontal rule

DRT Solutions Weekly Mail – 288th Issue dated 15th November ’13

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

 

(1) Magistrate Rejects Application of the Bank u/s 14 of Securitization Act

 

Mr Sanjay Jain, one of our clients at Nagpur has informed that the Magistrate has dismissed the application of the Bank u/s 14. He has sent the copy of the judgment and the order passed by the said Magistrate. Complete order is in Marathi and the same has been reproduced on our web site vide link:-

www.drtsolutions.com/Magistrate-Nagpur.pdf

Our comments are as under:-

State Bank of Patiala vs Shri Homraj Meghraj Hiranvar decided on 22.10.13 by District Magistrate, Nagpur Mr Saurav Rao

DRT Solutions Citation –  DRTS-022-State Bank Patiala vs Homraj Meghraj-2013

The entire judgment is in Marathi and is available vide link mentioned above i.e.

www.drtsolutions.com/Magistrate-Nagpur.pdf

We have now numbered the Judgments published on this web site as DRTS-00. Accordingly all the judgments published so far have been numbered. This judgment has been numbered as DRTS-022.

The important extract from the said judgment in English is as under:-  

“The notice  u/s 13 (2)  sent by bank was returned "not claimed ".hence the bank should have followed rule 3 of sarfasi act for proper service of notice .Following procedure should have been followed by the bank:-  

a) Affixing of notice at the premises of guarantor                                                                             

b)publishing of notice , one in vernacular language & one in English newspaper.                               

In this case, bank has not submitted any document showing affixation of notice at the premises of guarantor & notice has been published in English language  and in Marathi language papers. Hence bank has not followed procedure  mentioned in rule 3 of sarfasi act. Before apporoaching to this office u/s 14 of sarfasi act , bank should have followed rule 3 of sarfasi act for service of notice to the guarantor, which they have not done, hence the application of bank for taking possession of secured asset is dismissed.” 

Comments by DRT Solutions

The above mentioned Nagpur District Magistrate Judgment  lays down that since the Bank has not followed the prescribed procedure, the application u/s 14 is dismissed.

Utility of this Judgment –

As mentioned by us in the 284th issue of our Weekly Mail, the borrower should endeavor to secure opportunity to present his reply by way of counter affidavit before the CMM/DM questioning the affidavit presented by the Bank. If proper representation and objections have been raised against the notice u/s 13(2) mentioning wrong doings committed by the Bank as well as the situation of ‘No Debt Due’, it will not be possible for the Magistrate to accept the said application by the bank u/s 14 until and unless the application u/s 17 is finally decided by the DRT.

 

(2) Video Recording of Court Proceedings

 

The following news item published in internet edition of ‘Indian Express’ dated 11th instt is self explanatory. Since 2007, we have been emphasizing great utility and advantages of this technology. In fact we developed special method of ‘Video Arguments’ and demonstrated the same before the District Judge, Indore in 2007 and sent the DVDs to High Court and Supreme Court in 2008.

In this connection it is relevant to note that in US, since 1935, all the court proceedings including oral arguments are audio and video recorded. The same are transcripted on the same day. The said recordings and the transcript appears on the website on the same day. By such recordings, the advocates will be careful about their oral submissions. Also the judges will be careful in asking questions. Such recordings will be quite useful to the litigants, particularly when they are not present in the court.

Legal reforms: Government for video recording of court proceedings

New Delhi, Mon Nov 11  2013, 19:35 hrs

 

http://www.indianexpress.com/news/legal-reforms-government-for-video-recording-of-court-proceedings/1193581/

With an aim of enhancing transparency in functioning of the judiciary, the government is pushing for video recording of court proceedings as part of reforms in the legal system.

Law Minister Kapil Sibal said the issue was discussed recently at a meeting of an advisory committee of his ministry and it unanimously made the recommendation in this regard.

"The Advisory Council met here. Unanimously the council believed that court proceedings must be videographed and that the technology (for the same) must be put in place now," he told PTI here.

Explaining the reason behind the move, Sibal said the processes of the law must be "as transparent" like the processes of the government.

Sibal said the plan is to begin with video recording of the proceedings of the trial court.

"...start with the trial courts as it is the foundation of the justice system," he said.

The Minister said the judiciary will be taken on board on the issue.

"We'll have to discuss it with the judiciary as this is not something on which the government can decide on its own," he said.

The Advisory Council of the National Committee for Justice Delivery and Legal Reforms, chaired by Sibal, decided to seek the views of the higher judiciary as trial courts fall under High Courts and it cannot be implemented without their consent.

Members of the Council discussed the case in other countries where the facility is available to record what the judges, witnesses and the prosecutors say during a court proceeding.

The Advisory Council includes Planning Commission Deputy Chairman Montek Singh Ahluwalia, Attorney General G E Vahanvati, National Innovation Council chief Sam Pitroda and chairman of Parliamentary Committee on Law and Personnel Shantaram Naik.

During the meeting, the issue of pendency in subordinate courts also came up with members expressing concern over the annual rising trend in pendency.

(3) Lemon is Best Treatment in Arthritis and Pain

 

Mr Firoz Poonawalla has sent the following useful item:- 

The Effective Sweet Treat that Relieves Arthritis Pain

 
*THE SWEET PAIN RELIEVER
 For generations, people around the world have used

Fresh lemon to ease  their arthritis inflammation.
 Loaded with joint-protecting vitamin C, lemon

 Is undoubtedly a superior arthritis-healing food.
 Its anti-inflammatory ingredient -- bromelain --

 Is so potent that many boxers drink the juice

 After fights to heal their bruises.
 A 1960 study compared boxers who took bromelain

 With those receiving a  placebo.

 In just four days, an amazing 78% of those taking

 Bromelain  were  inflammation-free,

 While only 14% of the control group had recovered.
 Other than bromelain, lemon also contains manganese,

 Which strengthens  bones and protects joints.


 
Here are 5 reasons you should be indulging in this delicious fruit

 If you  struggle with joint pain and arthritis:

 *Reason #1: Joint Protection*
 Higher intake levels of the antioxidant vitamin C is essential for people
 With arthritis...And just one cup of lemon has a whopping 94% of the
 Recommended daily allowance (RDA)!
 Research published in the Annals of the Rheumatic Diseases showed that
 Vitamin C-rich foods protect against inflammatory polyarthritis, a type of
 Rheumatoid arthritis in which two or more joints are affected.
 If you have osteoarthritis, you may be concerned by warnings that you
 Should not increase your vitamin C intake. But know that those warnings are
 Based on a 2004 study on guinea pigs!
 Studies on humans show vitamin C actually reduces pain, cartilage loss and
 Disease progression.

 
*Reason #2: Healthier Joint Tissue*
 
Lemon is a great source of the trace mineral manganese.
 Manganese is absolutely essential for building healthy joint tissue and
 Dense bones. One cup of lemon provides 128% of the RDA for manganese.
 Research shows that manganese tackles free radicals that can damage joint
 Cartilage.
 Tip: It's best to eat your lemon raw. Fruit skewers alternating fresh
 Lemon chunks with strawberries is a great way to do that. Grilled and
 Cooked lemon is extraordinarily tasty too.

 *Reason #3: Smoother Joint Movement*
 Lemon's enzymes literally clean up "rusty" joints. When you eat
 Lemon on an empty stomach, the enzymes go right to work on your joints.
 Tip: If you eat lemon with other foods, the enzymes divert their
 Activity to digesting the rest of your meal instead of the gunk in your
 Joints.
 So keep lemon around for between-meal snacks. Juice the hard inner core
 As well to take advantage of the concentrated bromelain located there.

 
*#4: Pain Relief*
 For optimal arthritis pain-relief, eat fresh lemon. The bromelain in
 lemon is destroyed by heat, so fresh lemon will give you the most
 benefit.
 Frozen lemon retains active enzymes, but canned fruit and commercially
 processed juice don't provide the anti-inflammatory benefit of fresh fruit.
 It's important to note bromelain causes anti-clotting activity...
 So you should consult with your physician before combining lemon with
 blood-thinning medications such as warfarin (Coumadin), heparin, or
aspirin.
 Tip: If the fruit needs to ripen, keep it on your kitchen counter for a
 couple days. You'll know it's sweet and ready to eat when the bottom
 softens a bit.

 *Reason #5: Protection from Inflammation*
 Lemon's bromelain halts inflammation. The sulfur-based enzyme bromelain
 in fresh lemon is one of the best-researched natural anti-inflammatory
 agents around.
 Bromelain clobbers inflammatory agents that trigger joint pain and
 cartilage degeneration.
 A 2006 study cited in Clinical and Experimental Rheumatology found that
 supplemental bromelain is effective in easing discomfort from hip
arthritis.
 The Arthritis Foundation stated that lemon's bromelain produces effects
 comparable to NSAIDs for relieving pain and inflammation.
 UK researchers reviewed ten studies on osteoarthritis and bromelain. They
 found that every single one confirmed bromelain's benefits.

 Tip: Most of the bromelain in lemons Is found in the core and the stem.  So don't throw away that tough, fibrous core!  Just chop it up, throw it in a blender with some water  and pulse to convert  it to juice.

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

DRT Solutions Weekly Mail – 287th Issue dated 8th November ’13

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

 

 

(1) Review and Appeal

 

Recently one of our clients submitted an application before DRT in the matter of OA filed by the bank. The said application was rejected. When the matter was brought to our notice, we advised for filing of Review as well as Appeal. The Review Petition was prepared by our client. Our observations on this matter were as under:-

(a)   Review should be filed first and then Appeal should be filed. If Appeal is filed first, the Review Petition will not be maintainable. As per Rule 5A of DRT (Procedure) Rules 1993, the limitation for filing of Review in DRT is 60 days. As per Sec 20(3) of DRT Act 1993, the limitation for filing of Appeal is 45 days. Hence the Appeal needs to be filed within 45 days and the Review should be filed earlier to the said Appeal. The Review is before the same court i.e. DRT whereas the Appeal is before the higher court i.e. DRAT.

(b)   The Review is an important and very useful remedy. In our country, people are not generally in favour of Review thinking that the same Judge will not be inclined to change his own order. The importance of Review will be realized when one goes through the leading historic case contained in AIR 1948 Allahabad 353 (FB), Behari Lal vs MM Gobardhan Lal. This case describes the evolution of Review since past 150 years or even earlier, importance of Review and its comparison with Appeal. Thorough study of this case will remove the confusions which legal community of our country is having in respect of Review.

(c)   In the present matter, it was found that certain new documents or evidence would reverse the impugned order. Such new documents or evidence can be placed before the DRT only by way of Review and not by way of Appeal. Had the Review jurisdiction not invoked, such new documents or evidence can not be placed before DRAT or higher court.

(d)   The ingredients for Review are (i) discovery of new and important matter or evidence which after the exercise of due diligence was not within knowledge or could not be produced at the time when the order was made; (ii) some mistake or error apparent on face of record in respect of facts or law (iii) any other sufficient reason (iv) violation of law declared by the SC is regarded as apparent error on face of records.

(a)   The fundamentals of Appeal vs Review will be understood when on studies the above Allahabad ruling along with Nahar Industrial Enterprises vs Hong Kong & Shanghai Banking Corporation vide citation 2009(10) Scale 360. Generally the Appeal will be confined to the matter which were dealt with the lower court and new matter can not be raised whereas new matter or evidence can be considered in Review but not in Appeal. Hence in this respect the Review becomes unique. This was so in the present matter. 

(2) Ministry of Finance asks DRTs to expedite DRT Cases

 

The following news item is self explanatory. It is interesting to note that despite past 15 years old verdict of SC, the DRTs are not being transferred from Ministry of Finance to Ministry of Law. The Ministry of Finance is posting even the Bank Officials as the POs and Recovery Officers. Even conferences are being held with the POs asking them to expedite the bank recoveries. In fact the delays in DRTs are due to violations of law and wrong doings committed by the bank officials since appraisal and sanction of loans. There are numerous violations of RBI Guidelines particularly in detection of incipient sickness and in restructuring, rehabilitation and revival of sick units etc. Instead of following the laid down law, the bank officials desire that the same should be done by the court or the DRTs. The POs are bound by the law and they can not violate the same just to expedite the matter. In fact on account of such hurry, legal mistakes are committed which give rise to numerous Reviews and Appeal which lengthens the recoveries. It becomes a long drawn process. The prudent course of action for the Ministry should be that the bank officials should be asked to abide by law right from the inception of loan sanction and the case should be legally audited before coming to DRT. Such cases alone will result in quick adjudication in DRTs otherwise it will take long time.

Rajiv Takru asks DRT to make process of loan recovery more swift

http://economictimes.indiatimes.com/news/economy/finance/Rajiv-Takru-asks-DRT-to-make-process-of-loan-recovery-more-swift/articleshow/24659191.cms

After asking banks to do their best to check bad loans, Financial Services SecretaryRajiv Takru has now turned to the Debt Recovery Tribunals (DRTs), which directly comes under the government supervision. He has held several meetings with the presiding officers, the rank of a district or session judge, to make the process of loan recovery more swift and transparent. 

"It is tax payers' money that comes as a capital support for banks," Takru told ET. 

"People cannot simple get away with it. I have met judges of DRTs. We are trying to sort out issues for the sake of faster loan recoveries. Banks would be benefited out of it. Judges have laid down certain problems. We are examining those. Solutions are being worked out," he said. 

Currently, there are 33 DRTs and five Debt Recovery Appellate Tribunal across the country. These are kind of fast track courts to resolve disputes between banks and borrowers in case of any default. 

As per DRT Act 1993 guidelines, cases should take six months time to come out with final judgement. But, it generally takes one to two years on an average to get a final decision going by the prevalent practice. A bank refers a case to the DRT when loan size is 10 lakh or above.

"The legal proceedings under DRT cannot be taken in hurried way," Ramnath Pradeep, ex-chairman and managing director at Corporation BankBSE -2.93 %

"The property charged with the bank should be disposed off following a due process. In case of distressed sales, it is not only the borrower but the bank also loses in terms of net realisation. The solution also lies with more appointment of recovery and presiding officers rather than pressurising the judicial process by the concerned authorities." 

The rising number of DRT cases, according to bankers, are leading to delay in resolving those. Banks, which have asked to by the Takru to take stern action against the wilful defaulters, seek for a speedy legal process to recover their loans. This in turn, would help arrest the rising bad loans. 

"One important issue as we feel, is coming from clean loans (that default). Banks struggle to find additional securities from borrowers for the same. Borrowers sometimes are reluctant to disclose their asset details. This lingers cases," said a senior official from a Mumbai-based DRT. He did not wish to be identified. Banks give clean loans without securities but based on repayment capacity and credentials. 

Data compiled by the ministry of finance, revealed that that pending cases filed in 33 DRTs by banks and financial institutions to recover their debt had spiked nearly 22% year-on-year Rs 42,819 as on March 31, 2013 from Rs 35,221 in the previous year. This involved a whopping Rs 1.43 lakh crore as against Rs 1.1 lakh crore, a jump of 30% y-o-y.

(3) Goodbye Cholesterol, Blood Glucose, Lipids and Triglyscerides

 

Mr Firoz Poonawalla has sent the following useful information:-

Goodbye cholesterol, blood glucose, lipids and triglycerides

===========================
 A secret revealed ...
 
 Some years ago, a former professor of mine showed me a blood test, what I saw impressed me.
The five key blood parameters, ie urea, cholesterol, blood glucose, lipids and triglycerides had values which far exceeded permitted levels.
Commented that the person with those in dices should already be dead or, if alive, this would be just out of stubbornness.

The teacher then showed the name of the patient who until then had been hidden by his hand. The patient was himself!

 I was dumbfounded! And I said: "But how? And what did you do?".
With a smile he introduced me to another sheet analysis, saying: "Now, look at this, compare the values of the parameters and see the dates."
That's what I did. The parameter values were clearly within the recommended range, the blood was perfect, flawless, but the surprise increased when I looked dates, the difference was only a month (between the two analysis of the same person)!

 I asked: "How could it? This is literally a miracle!"
Calmly, he replied that the miracle was due to her doctor, who suggested treatment obtained from another doctor friend. This treatment has been used by myself, several times, with impressive results.
Approximately once a year, do analysis of my blood, and if either is present tendency to breakdown, return immediately to repeat this process. I suggest that you try.

Here's the SECRET: weekly for 4 weeks, buy at the fair or supermarket, pumpkin pieces. Should not be the pumpkin squash and pumpkin rather large, which is usually used to make candy. Daily, peel 100 grams of pumpkin, place the pieces in a blender (raw), along with water (WATER ONLY!), And mix well, making a vitamin pumpkin with water.
Take this vitamin fasting, 15-20 minutes before breakfast (breakfast / breakfast). Do this for a month, every time your blood needs to be corrected.
Can control the outcome, making analysis before and after treatment with other pumpkin. According to the doctor, there is no contraindication, because it is just a natural vegetable and water (do not use sugar!).

 The teacher, excellent chemical engineer, studied the pumpkin to know which of the active ingredients it contains and concluded, at least partially, that it is present in a solvent of low molecular weight cholesterol: cholesterol more harmful and dangerous - LDL.
During the first week, urine has a large amount of LDL (low molecular weight), which results in cleaning of arteries, including the brain, thereby increasing the person's memory ..

PUMPKIN ... Do not make it a secret ... SPREAD! -       

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DRT Solutions Weekly Mail – 286th Issue dated 1st November ’13 - A Very Happy, Healthy & Prosperous Diwali to You & Your Family

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

 

(1) Top 30 NPA Accounts of PSU Banks under Govt Scanner : P Chidambaram

 

The following news item is self explanatory:-

Top 30 NPA accounts of PSU banks under government scanner: P Chidambaram

By PTI | 22 Oct, 2013, 03.40PM IST

http://economictimes.indiatimes.com/news/economy/finance/Top-30-NPA-accounts-of-PSU-banks-under-government-scanner-P-Chidambaram/articleshow/24541555.cms

NEW DELHI: Concerned over defaults by big borrowers, Finance Minister P Chidambaram today said the government is monitoring the top 30 NPA accounts in each PSU bank and asked the lenders to set up separate verticals to recover money from written-off accounts.

Talking to reporters after meeting the heads of PSU banks, the minister said he hoped that non-performing assets (NPAs) are a "function of economy" and would improve with the recovery in economic growth.

"We are monitoring the top 30 NPA accounts in each bank, each zone. It is a matter of concern that it is the big borrowers (with loans of over Rs 1 crore) who are defaulting," Chidambaram said.

The minister said the situation was not as bad as it was in 2000, when gross NPAs touched a high of 14 per cent. The NPAs, which plateaued over the years at about 2 per cent, have started creeping up with the deceleration in growth in the past few years.

As of June, the gross NPA of nationalised banks was 3.89 per cent and State Bank Group at 5.50 per cent.

Chidambaram said that like the State Bank of India (SBI), other PSU banks should set up separate verticals to recover as much as possible from accounts that were written off.

The minister, however, expressed satisfaction over credit growth by PSU banks in the first and second quarters of the current financial year and expressed hope that it will remain "satisfactory" in the remaining part of the fiscal.

Observing that there were some wilful defaulters, Chidambaram said, "The bulk of the people do not wilfully default. They default because of circumstances. Once the economy and cash flow pick up, they will pay."

The bulk of the NPA was from those who borrowed Rs 1 crore and more, he said, adding, "We have told them (PSU banks) to keep a very close watch on these largest accounts and have to recover the amount...recoveries are taking place, but not as much as I would like...I hope recoveries will improve."

Noting that defaulters often try to stop the recovery process, he said, "Banks have been advised to empower or set apart an officer of senior rank, at least of General Manager rank, to look at recovery, especially recovery from written-off accounts...We will try to recover as much as possible from the written-off accounts."

The banks, he said, can look to establish a separate vertical, as was done by SBI, to improve recovery from such written-off accounts.

 

(2) The First Three Bharat Ratnas saw the Future with Clarity

 

Mr Firoz Poonawalla sent the following useful information:-

The first three Bharat Ratnas saw the future with clarity

A CHRONICLE FORETOLD

The first three Bharat Ratnas saw the future with clarity - Gopalkrishna Gandhi      
 (From top) : C.V. Raman, S. Radhakrishnan, C. Rajagopalachari


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

Three Indians were decorated with the Bharat Ratna in the very first year — 1954 — that the civilian awards were instituted: the elder statesman, Chakravarti Rajagopalachari, the vice- president, Sarvepalli Radhakrishnan and the Nobel laureate, C.V. Raman. No one said at the time that all three were south Indian, all three Brahmins. Their pre-eminence was manifest. They accepted the decoration with respect and went about their work according to their lights.



All three had a Calcutta connection. CR had served as the first governor of West Bengal, the other two had taught, with distinction and dedication, at the University of Calcutta. *Om krato smara kritam smara, *the Isha Upanishad tells us. The work alone is to be remembered, the work alone. It is instructive to see, on the anniversary of our Independence, what these men had to say in the midst of and, indeed, from the very heart of their work, about their country, their people.
 
CR was a prisoner of the *raj* in 1921. Holed up in Vellore Jail, he could have been bitter about his jailors, about the imperial power. He could have looked forward to *swaraj* as one might to a dreamlike goal. But no, he did something that surprised his contemporaries then and surprises us now. *He wrote in his jail diary: “We all ought to know that Swaraj will not at once or, I think, even for a long time to come, be better government or greater happiness for the people. Elections and their corruptions, injustice, and the power and tyranny of wealth, and inefficiency of administration, will make a hell of life as soon as freedom is given to us. Men will look regretfully back to the old regime of comparative justice, and efficient, peaceful, more or less honest administration. The only thing gained will be that as a race we will be saved from dishonour and subordination.” *


This was a full quarter century before *swaraj* was attained. Radhakrishnan was a member of the constituent assembly on the midnight of August 14/15, 1947 when, with Jawaharlal Nehru, he made a speech of surpassing value. *Reminding the nation of “our national faults of
character, our domestic despotism, obscurantism, narrow-mindedness, superstitious bigotry”, he said almost exactly what CR had said 25 years earlier. Radhakrishnan’s words: “Our opportunities are great but let me warn you that when power strips ability, we will fall on evil days… From tomorrow morning — from midnight today — we can no longer throw the blame on the British. We have to assume the responsibility ourselves for what we do. A free India will be judged by the way in which it will serve the interests of the common man in the matter of food, clothing, shelter and the social services. Unless we destroy corruption in high places, root out every trace of nepotism, love of power, profiteering and black-marketing which have spoiled the good name of this great country in recent times, we will not be able to raise the standards of efficiency in administration…”*


That was said at the very moment free India was born.


I do not have access to any comment made by C.V. Raman on the eve of Independence but the following observation of CVR’s to young Indians is an agnatic cousin of CR’s and SR’s: “Success can only come to you by courageous devotion to the task lying in front of you and there is nothing worth in this world that can come without the sweat of our brow. I can assert without fear of contradiction that the quality of the Indian mind is equal to the quality of any Teutonic, Nordic or Anglo-Saxon mind. What we lack is perhaps courage, what we lack is perhaps driving force which takes one anywhere. We have, I think, developed an inferiority complex. I think what is needed in India today is the destruction of that defeatist spirit…”

 

Today, those three Bharat Ratnas would have been saddened to see their apprehensions and prognoses coming true. Generalizations are wrong but who can deny that efficiency of administration is not India’s best introduction ? Who can deny that our elections have brought us a great stature in the world but have also brought corruption? And where is the doubt that the power and tyranny of wealth — CR’s startling phrase — rules the land?



Power, political and monetary power, outstrips ability by a long measure. And corruption in high places — Radhakrishnan’s astonishingly prescient expression — has disfigured the image of our public life. As for the sweat of the brow, Raman’s ideal, that has long since ceased to be valued, especially in oneself. The concept of hard work, of service, of what used to be called pride in one’s work, is now an archaism. *Except in our gifted artisans who survive miraculously, in our armed forces, in the body of farm labourers across the country and in a few remarkable professions like those of nurses and teachers, ‘work ethic’ is a national casualty.*


We seek to derive the maximum advantage from the minimum effort. There is a mentality, widespread if not omnipresent, which sees the plodder as a fool, the successful shirker as clever. It only follows that the man or woman who is honest with money is regarded as naďve, to be pitied and the crook who gets caught making illegal money as unlucky. It is the honest politician, by which I mean one who does not encash files, sell favours, turn opportunities of service into ATMs, and there still are many of those, who keeps us in hope. It is, likewise, the exceptional official, doing the work of a hundred, who keeps the administrative machine from collapsing. Thank god there are some such exceptional men and women, still, amidst us. But by and large, the surface density of work-shirking, responsibility-dodging, blame-shifting, back-biting, tale-carrying and, alas, palm-itchy laggards has swelled beyond belief. What we are, the State is.


Radhakrishnan also spoke of intolerance.


This trait takes many forms but nowhere more seriously than in politics. Ironically and paradoxically, the denominationally intolerant are being projected as administratively able. Those with a questionable secular integrity are said to be men of unquestionable financial integrity.


The first three Bharat Ratnas foresaw more than ordinary mortals can. But even they could not foresee the self-contradictory piquancy of our predicament today. The liberal Indian, the Indian with a secular conscience, an innately democratic instinct, a value for civil rights, is shown up as effete , a political pansy, whereas the macho rattler of sabres, is offered to the nation as its saviour. A country with its work ethic weakened, its abilities outstripped by narrow self-interests, and its domination by the power and tyranny of wealth well-nigh complete, is easily persuaded to say ‘give us a benign dictator’. Fascism comforts the sloth of mind, the slow of thought, the valuationally sluggish. Fascism excites the timid, the languid and the bored.


And so we are seeing rise in the very heart of a democratic but languorous India a poison plume of the most corrosive intolerance. In the coming months the nation will be obsessed with who will ‘make it’ to the Lal Qila next August 15. That is only natural. But we should be agonizing about what kind of flag will be unfurled on its ramparts 

 

 

(3) 12 Medical Tests to be Avoided

 

Mr Firoz Poonawalla sent the following useful information:-


 

Subject: 12 Medical Tests to be avoided.

 

Doctors are often criticized for prescribing unneeded tests and procedures that harm more then help and add to medical costs that could otherwise be avoided. 12 medical tests and procedures now being questioned worldwide as unnecessary and potentially cause — sometimes harmful results to patients. Since a campaign was launched last year, more than 130 tests and procedures have been called into question by 25 medical specialty societies with more than 500,000 member doctors. 


“Millions of Americans are increasingly realizing that when it comes to health care, more is not necessarily better,” said Dr. Christine Cassel, president of the ABIM Foundation. “Through these lists of tests and procedures, we hope to encourage conversations between physicians and patients about what care they truly need.” 

 

United States specialty societies representing more than 500,000 physicians developed lists of Five Things Physicians and Patients Should Question in recognition of the importance of physician and patient conversations to improve care and eliminate unnecessary tests and procedures. See the full list 
of 12 MEDICAL TESTS TO AVOID
 


1. Avoid Inducing Labor or C-Section Before 39 Weeks
 


Delivery prior to 39 weeks is associated with increased risk of learning disabilities, respiratory problems and other potential risks. While sometimes induction prior to 39 weeks is medically necessary, the recommendation is clear that simply having a mature fetal lung test, in the absence of appropriate clinical criteria, is not an indication for delivery. (American College of Obstetricians and Gynecologists; American Academy of Family Physicians) 


2. Avoid Routine Annual Pap Tests
 


In average-risk women, routine annual Pap tests (cervical cytology screenings) offer no advantage.

 

(American College of Obstetricians and Gynecologists) 

 

3. Avoid CT Scans To Evaluate Minor Head Injuries 


Approximately 50 percent of children who visit hospital emergency departments with head injuries are given a CT scan. CT scanning is associated with radiation exposure that may escalate future cancer risk. CT technology exposes patients to approximately 100 times the radiation of a standard chest X-ray which itself increases the risk of cancer. The recommendation calls for clinical observation prior to making a decision about needing a CT. (American Academy of Pediatrics) 


4. Avoid Stress Tests Using Echocardiographic Images 

The recommendation states that there is very little information on the benefit of using stress echocardiography in asymptomatic individuals for the purposes of cardiovascular risk assessment, as a stand-alone test or in addition to conventional risk factors. (American Society of Echocardiography)


5. Avoid Prescribing Type 2 Diabetes Medication To Achieve Tight Glycemic Control
 


The recommendation states that there is no evidence that using medicine to tightly control blood sugar in older diabetics is beneficial. In fact, using medications to strictly achieve low blood sugar levels is associated with harms, including higher mortality rates. (American Geriatrics Society) 


6. Avoid EEGs (electroencephalography) on Patients With Recurrent Headaches.
 


Recurrent headache is the most common pain problem, affecting up to 20 percent of people. The recommendation states that EEG has no advantage over clinical evaluation in diagnosing headache, does not improve outcomes, and increases costs. (American Academy of Neurology) 


7. Avoid Routinely Treating Acid Reflux
 


Anti-reflux therapy, which is commonly prescribed in adults, has no demonstrated effect in reducing the symptoms of gastroesophageal reflux disease (GERD) in infants, and there is emerging evidence that it may in fact be harmful in certain situations. (Society of Hospital Medicine) 


ADDITIONAL MEDICAL TESTS TO BE AVOIDED
 

8. Avoid Lipid Profile Tests
 


Lipid Profile test checks various parameters of blood, such as cholesterol (good or high density lipoprotein as well as bad or low density lipoprotein) and triglyceride levels. Several scientific papers have proven that people with high so-called “bad” LDL cholesterol live the longest and there is now a large number of findings that contradict the lipid hypothesis that cholesterol has to be lowered at all. 


9. Avoid Mammograms
 


Mammograms and breast screening have had no impact on breast cancer deaths and have actually been found to increase breast cancer mortality. With toxic radiation, mammogram testing compresses sensitive breast tissue causing pain and possible tissue damage. To make matters worse, the false negative and false positive rates of mammography are a troubling 30% and 89% respectively. Another concern is that many breast cancers occur below the armpits; however, mammography completely misses this auxiliary region, viewing only the breast tissue compressed between two plates of glass. Considering these drawbacks, breast thermography should be given closer consideration. Thermography is a non-invasive and non-toxic technique which can detect abnormalities before the onset of a malignancy, and as early as ten years before being recognized by mammography. This makes it much safer and potentially life-saving health test for women who are unknowingly developing abnormalities, as it can take several years for a cancerous tumor to develop and be detected by a mammogram. 


10. Avoid PSA Testing
 


A PSA blood test looks for prostate-specific antigen, a protein produced by the prostate gland. High levels are supposedly associated with prostate cancer. The problem is that the association isn’t always correct, and when it is, the prostate cancer isn’t necessarily deadly. Nearly 20 percent of men will be diagnosed with prostate cancer, which sounds scary, but only about 3 percent of all men die from it. The PSA test usually leads to overdiagnosis — biopsies and treatment in which the side effects are impotence and incontinence. Moreover, there is some evidence which suggests that biopsies and treatment actually aggravate prostate cancer. During a needle biopsy, a tumor may need to be punctured several times to retrieve an amount of tissue that’s adequate enough to be screened. It is believed that this repeated penetration may spread cancer cells into the track formed by the needle, or by spilling cancerous cells directly into the bloodstream or lympathic system. 


11. Avoid Routine Colorectal Cancer Screening
 


Colorectal cancer screening often results in unnecessary removal of benign polyps which are of no threat to patients and the risks of their treatment or removal far exceed any benefit. The evidence is insufficient to assess the benefits and harms of computed tomographic colonography and fecal DNA testing as screening modalities for colorectal cancer. 


12. Avoid DEXA
 


Dual energy X-ray absorptiometry (DEXA or DXA) in a technique developed in the 1980s that measures, among many things, bone mineral density. The scans can determine bone strength and signs of osteopenia, a possible precursor to osteoporosis. Limitations abound, though. Measurements vary from scan to scan of the same person, as well as from machine to machine. DEXA doesn’t capture the collagen-to-mineral ratio, which is more predictive of bone strength than just mineral density. And higher bone mineral density doesn’t necessarily mean stronger bones, for someone with more bone mass will have more minerals but could have weaker bones. 


Meanwhile, the ABIM effort is gaining momentum and more financial support from key players. The Robert Wood Johnson Foundationannounced it has awarded $2.5 million to “fund medical specialty societies and regional health improvement collaboratives to work in specific communities to raise awareness of potential overuse of medical care.” 


“Reducing the overuse of health care resources is a critical part of improving quality of health care in America,” said Dr. Risa Lavizzo-Mourey, the Robert Wood Johnson Foundation’s president and chief executive officer. “We want to see what can happen when this work is targeted in specific geographic regions and are pleased to help increase the tangible impact of the Choosing Wisely campaign. 


 

(4) A Very Happy, Healthy & Prosperous Diwali to All Recipients of Our Weekly Mails

 

We wish a very happy, healthy and prosperous Diwali to all the recipients of our weekly mails.

 

(5) This Issue has been published while Travelling past One Week

 

We are fortunate to visit IASS (International Association for Scientific Spiritualism) HO at Meerut on 31.10.13. Thanks to the power of technology that none of our routine work including publication of this issue of the weekly mail has been least affected despite travelling past one week.

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DRT Solutions Weekly Mail – 285th Issue dated 25th October ’13

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

 

 

(1) Recording of Conversations and Meetings with the Bank Officials

 

We have been advising our clients to make audio/video records of the meetings and telephonic conversations with the bank officials. Many of our clients started this practice as a routine. Recently this came quite useful for one of such clients. While replying to one of the applications submitted by the Bank in DRT, it was stated by the said client that such and such matter was decided in a meeting held with the Bank Officials. The Bank Officials denied that no such meeting was held. The court decided the matter in favour of the Bank. Since there was complete audio record of the meeting with the client, we advised the client to submit a Review application wherein the said audio record along with the transcript of the same be submitted as an evidence to prove the said meeting. Under the fact and circumstances, the Review is the only remedy (and not the Appeal) due to the specific provision of law pertaining to Review i.e. “ …..discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when decree was passed or order made …..” Normally this will not be permitted in Appeal which will be confined to the matters which were adjudicated upon in the original court and not any new matter for which the most appropriate remedy is Review only.

Nowadays with the use of smart phones, it has become quite simple to record the audio of such meetings or conversations. There are several other devices such as specks or pen which contain the camera and microphone for making the intended audio and video records.

 

(2) Democracy needs a Powerful Judiciary

 

The following news item is self explanatory:-

 

'A democracy needs a powerful judiciary'

By Express News Service - BANGALORE

Published: 10th October 2013 08:20 AM

Last Updated: 10th October 2013 08:20 AM

The courts in the country are under tremendous pressure due to the weakness of the executive and the legislature,” Governor Hans Raj Bhardwaj on said on Wednesday. 

Delivering his lecture on ‘The Rule of Law and Indian Judiciary’ at a programme organised by Bangalore Advocates’ Association at the High Court Bhardwaj said a democratic nation like India requires a powerful judiciary. “The writ jurisdiction and judicial review are the unique features of the Indian judiciary. There will be lawlessness when the rule of law is violated,” he said.

Bhardwaj said the functioning of the courts would be stalled if judges are not appointed on time. “In Karnataka, the judges from the High Court have to go to Dharwad and Gulbarga division benches and this affects high court proceedings. When I was the law minister, we used to anticipate vacancies in the judiciary and appoint judges in time”, Bhardwaj added.

Talking on making justice accessible to the rural masses, Bhardwaj said, “I had initiated the process to start 9,000 grameen nyayalayas in the rural areas when I was the law minister. However, nothing has happened after I quit”.

Highlighting the need to give importance to junior members of the Bar, Bhardwaj said, “The courts should hear junior advocates with the same zeal with which it hears senior advocates. If only a few seniors get promoted, that will be against the principles of justice”.

(3) Home Remedies

 

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

 

HOME REMEDIES BY DR DARIUS UMRIGAR

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

HEALTH TIPS GIVEN BY DR. DARIUS H. UMRIGAR AT LECTURE ON HOME REMEDIES FOR SENIOR CITIZENS OF FIVE GARDENS AT DADAR FOR SOME COMMON PROBLEMS JULY 2013

 ====================================

ALZHEIMER :      DAILY BRAIN TONIC OF 2 DATES, 2 FIGS, 2 ALMONDS, and 

                               WALNUT.

                                    BLUE BERRIES 25 PIECES PER DAY (AVAILABLE AT CRAWFORD

                                 MARKET -  ROYAL DRY FRUIT STORES ) REVERSES ALZHEIMER.

 ======================

ALLERGY  TO GET RID OF  :-   TAKE 2 BEETROOT and 2 CARROTS ALONG WITH  YOUR  LUNCH OR DINNER.

 ======================

ARTHRITIS:-       ORANGE, VITAMIN C, EAT SOUR FOODS. AVOID  CASHEWS,

                                 PISTAS& MUSHROOMS.

 ==================================

BACK PAIN :       -        EAT 2 RAW LADY FINGERS BEFORE BRUSHING YOUR TEETH.

                                           BOIL DRUMSTICKS AND EAT PULP, REDUCES BACK PAIN.

=================================== 

CANCER :             FOR BREAST CANCER : BROCOLLI,

                                FOR PROSTATE CANCER :  TOMATOES.

                                FOR BLOOD & LIVER CANCER : 12 BOILED BEETROOTS PER DAY.

                                FOR LUNG CANCER : POMEGRANATE. EAT  6 POMEGRANATES PER DAY.

                   &n bsp;            LEMONGRASS, GREEN TEA HELPS TO REVERSE CANCER.

                                PINEAPPLE, REVERSES ILL EFFECTS OF RADIATION.

                                STRAWBERRIES REVERSES CANCER.   BRINJAL (EGGPLANT)    

                            REVERSES CANCER.

 

COLITIS :-      EAT RAW CARROTS,  BOILED BEETROOTS.

 ==================================

CONSTIPATION:  DUE TO LACK OF WATER IN THE BODY CAUSES CONSTIPATION

                               

                         SIP WATER LITTLE BY LITTLE AT THE INTERVAL OF EVERY 10-20

                         MINUTES TILL A STAGE COMES WHERE U FEEL YOU WANT TO

                          VACATE YOUR BOWELS

 ==================================

COUGH                EAT ONE FULL RAW DODHI, AND LITTLE  HALDI – AVOID

                  FRIED FOODS WHEN THERE IS COUGH.  GARLIC  IS IMMUNE

                     BOOSTER. AVOID DRINKING MILK AS MILK CREATES COUGH.

 ================================

                                                                                                                                                                                                                                                   

CRAMPS :            DUE TO LACK OF MAGNESIUM WE GET CRAMPS. EXCESS OF LACTIC

                       ACID IN SYSTEM CAUSES CRAMPS ,  EAT SPROUTED MOONG WITH

                       CORIANDER AND LIME.

 ================================

DANDRUFF :       SPROUTED MOONG, POMEGRANATE, BEETROOT. KEEP ON

                       CHANGING YOUR PILLOW COVER AND AVOID COMMON COMB

                       AMONGST YOUR FAMILY MEMBERS TO COMB YOUR HAIR

 ===================================

DIABETES :          EAT 10 PCS OF RAW TENDLI (GILORA) FOR 1 MONTH ON EMPTY STOMACH  BEFORE BRUSHING THE TEETH. (GILORA CONTAINS 

                                NATURAL INSULIN. BITE OFF 2 ENDS OF THE GILORA – DO NOT CUT

                                THE ENDS WITH KNIFE, AS INSULIN WILL DRY UP).  EAT POTATOES

                                WITH SKIN.   AVOID  “BMC”  ( BANANAS, MANGO and CUSTARD

                        APPLE ).

================================== 

EYE PROBLEM :  EAT RAW OATS,  ALMONDS WITHOU SKIN , CARROTS and

                         CORRIANDER (KOTHMIR)

 ===============================

FATIGUE (TIREDNESS) :    DRINK MORE WATER AND HAVE MORE OF RAW

                           FOODS SUCH AS SALADS, BEET ROOTS, CARROTS, CU CUMBER

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

FEVER : CRUSH ONION AND PUT IT NEXT TO HEAD. IT SUCKS OUT

                      VIRUSES. DISCARD THE ONION NEXT DAY MORNING.  APPLY ONE

                    TEASPOON OF BUTTER AFTER HEATING ON INNER SIDE OF

                    WRIST.  TAKE 3 ORANGES THRICE A DAY FOR 3 DAYS. THEN ONE WILL

                   COME TO KNOW THE CAUSE OF THE FEVER SO HAVE MORE OF LIQUIDS.

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

HAIRFALL :          DUE TO STRESS.  NOT ACCEPTING THE LIFE THE WAY IT IS TAKING YOU SO HARIFALL OCCURS.

TO GROW HAIR ON BALDHEAD – APPLY A PASTE OF CURD MADE IN COPPER

                    VESSEL  + YOLK OF EGG. MIX BOTH IN ANTICLOCK WISE Direction WITH  COPPER SPOON ONLY THEN APPLY ON YOUR BALD SPACE.  SIT IN  SUNLIGHT FOR  1 HOUR. HAIR WILL GROW IN 15 DAYS TIME.

=============================== 

HEADACHE :       TAKE LIME WATER (LIMBUPANI) WITH BLACK PEPPER OR ONE CAN HAVE APPLES. 

 

FOR  PERSONS UNDERGOING CHEMOTHERAPY ONE HAS TO TAKE 9 LIMBOOS THRICE A DAY . BREAKUP WILL BE   3 LIMBOOS NU JUICE IN  MORNING AROUND 8 TO 10 AM

THEN SECOND LOT WILL BE AROUND 11AM  TO 1 PM, AND 3RD  TIME WILL BE IN EVENING AROUND 4 TO 6 PM BUT NOT AF TER SUNSET. THIS WILL REVERSE

YOUR CHEMOTHERAPY AS LEMON IS 10,000 TIMES MORE POWERFUL THAN YOUR CHEMOTHERAPY.

 ============================

HEART ATTACK  TAKE ONE FISTFUL OF DRIED POMEGRANATE SEEDS (ANAR DANA- AVAILABLE AT GROCER’S  SHOP).  BOIL THE DECOCTION AND REDUCE TO HALF THE QUANTITY .  FILTER THE LIQUID  AND DRINK TWICE A DAY. REMOVES ANY BLOCKAGES.  EAT APPLES, OATS, GARLIC AND GREEN LEAFY VEGETABLES TO REDUCE CHOLESTROL.   EAT 2 SPOONS OF FLEXISEEDS (ALSI) AFTER MEAL.   FLEXISEED IS A TONIC FOR THE HEART.   RAW TOMATOES GOOD FOR HEART. LACK OF MOLYBDENUM IN OUR BODY CAUSES HEART ATTACK. MOLYBDENUM IS AVAILABLE FROM GREEN LEAFY VEGETABLES

 =================================

HIGH BLOOD PRESSURE :               AVOID SALT.  TAKE BEETROOT ( IT REGULATES YOUR BLOOD PRESSURE IN BOTH WAYS  i.e. HIGH TO LOW AND LOW TO HIGH IT’S A REGULATOR ) .  SIP 3 GLASSES OF WATER IN THE MORNING BEFORE BRUSHING THE TEETH, 2 GLASSES OF WATER ONE HOUR BEFORE LUNCH AND 1 GLASS OF WATER AT TIME OF SUNSET.  LEMONGRASS, GREEN TEA HELPS TO REGULATE BLOOD PRESSURE.

========================== 

JOINT PAINS :    AVOID TUR DAL. IN ANY PAINS 

1.       TAKE 2 SMALL POTATOES (PAPETI).  WASH AND SOAK IN GLASS OF WATER OVERNIGHT.  DRINK WATER IN THE MORNG BEFORE BRUSHING THE TEETH.  THE SAME PAPETI CAN BE USED FOR 3 DAYS.

2      BOIL SKIN OF 2 CHIKOOS AND PREPARE THE DECOCTION TO HALF THE QUANTITY.  DRINKING THE DECOCTION REDUCES THE PAIN. BECAUSE THE SKIN OF CHIKOOS CONTAINS METHYL SALICYLATE WHICH IS EQUIVALENT TO OUR IODEX WE USE

        3.    MASSAGE WITH OLIVE OIL FOR REMOVING STIFFNESS IN JOINTS.

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

KIDNEY STONES :     EAT RADISH (WHITE MULA) IN THE MORNING INCLUDING T HE LEAVES.

 =======================

BLOOD IN URINE :  BOIL MILK AND ADD 2 DROPS OF SANDALWOOD OIL  IN A SAUCER OF MILK. DRI NK ONCE A DAY BEFORE BRUSHING YOUR TEETH. DO ONLY FOR 3 DAYS.

 =============================

URINE BLOCKAGE :  TAKE WATERMELON (KALINGAR). IT IS A DIURETIC.  APPLY A JET OF RUNNING WATER JUST 3 FINGERS ABOVE YOUR ANKLES.

 ===============================

NECK PAIN :       TREAT YOUR LIVER 

 =============================

DETOXIFICATION OF LIVER AND WHOLE BODY.  TAKE SPROUTED MOONGS, CARROTS RAW, BOILED BEETROOT, CUCUMBER, SPROUTS, RADISH, SALAD LEAVES, CORRIANDER, TOMATOES, CARDAMOMS, GINGER, POMEGRANATE, JEERU, PUDINA, FRENCHBEANS, APPLES, ORANGE, SWEETLIME, PINEAPPLE, GRAPES, LIMBU.  MIX LIKE A BHELPURI. THIS MIXTURE ACTS LIKE A TONIC TO MAINTAIN  GOOD HEALTH.  IT IS RECOMMENDED TO TAKE THIS TONIC TWICE  A WEEK.

LOSS OF HEARING :    FRY BITTERGOURD (KARELA) IN PALMOLEIN OIL.  FILTER AND PUT 2 DROPS IN EAR.

OVARY PROBLEMS and FOR BALANCING HORMONES : TAKE POMEGRANATE.

FOR INCREASING SPERMS,  OVA:     RAW SPROUTS 250 GRAMS A DAY WITH , COOKED LADYFINGERS AT LEAST FOR A WEEK.

TREMORS            :    BLUEBERRIES,  TINCTURE OF GINKOBILOBA ( AVALABLE FROM HOMEOPATHIC STORES )

VERTIGO, MIGRAINE, BLOOD PRESSURE :   TAKE 4 BEETROOTS DAILY.  TWO EACH AT NOON, and at DINNER.

PILES :   EAT SURAN  ( YAM ) .

VARICOSE VEINS :   EAT CAULIFLOWER.

ANAEMIA :         TAKE DATES,  STEMS OF CAULIFLOWER TO BE MADE INTO JUICE AND DRUNK .

O EDEMA (SWELLING ON LEGS) … THIS IS DUE TO POOR CIRCULATION. TAKE APPLES and POMEGRANATE. AVOID SALT AND FRIED FOODS

ULCERS :                 TAKE CABBAGE JUICE 150 ML FOR A WEEK.

MOTHER NOT GETTING MILK IN THE BREAST TO FEED THE CHILD..  APPLY SWAB OF CASTOR OIL ON THE BREAST OF MOTHER AND LET THE CHILD SUCK TO GET THE MILK

TONSILS :             POMEGRANATE, BEET and PINEAPPLE..

DO NOT USE PLASTIC BOTTLES WITH NO.1, 3, OR 6  IN THE TRIANGLE AT THE BOTTOM. IT CAUSES CANCER. AVOID NON-STICK VESSELS AND MICROWAVE OVEN.  DO NOT BUY PRODUCTS WITH E-956 ON LABEL.  DO NOT BUY PRODUCTS WITH  ASPERTINE.  ALL THESE CREATE CANCER.

PROSTATE : RAW TOMA TOES. – 10 TO 12 PER DAY

LOOSE MOTION :             POMEGRANATE STOPS LOOSE MOTION.  EAT SKIN OF POMEGRANATE.

SUNLIGHT IS A NATURAL SOURCE OF CALCIUM.

PINEAPPLE IS A RICH SOURCE OF MANGANESE.  IT IMPROVES DIGESTION AND REMOVES BLOOD CLOT, BUT NOT TO BE GIVEN FOR BRAIN CLOT. ELSE IT WILL PARALYSE THE BRAIN. PINEAPPLE REGULATES YOUR THYROID – HYPO AND HYPER.

SINUS :    BOIL LEAF OF CABBAGE WITH HALDI,and INHALE STEAM WITH EYES CLOSED. DO NOT KEEP YOUR EYES OPEN ELSE YOU WILL DAMAGE YOUR EYES.

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

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DRT Solutions Weekly Mail – 284th Issue dated 18th October ’13

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

 

(1) Sec 14 of Securitization Act – Possession – Conditions Precedent, Problems & Suggestions 

Consequent on our views expressed in last weekly mail, there has been lot of comments, feedback and interactions with the recipients of the weekly mail. Most important feedback was from Mr R.P. Agarwal, Senior Advocate who made reference to the latest SC Judgment (Standard Chartered Bank vs V. Noble Kumar decided on 22.08.13)

While we are still working on the said SC Ruling, on face of it, we can say that it will severely affect the small borrowers or those borrowers who do not pay attention to the judicial process right from the stage of receiving notice u/s 13(2).

In respect of remedial measures against the said SC Ruling, the borrower should be adept in the 9 clauses of the affidavit to be submitted by the bank along with the application u/s 14 before the Magistrate. The defence against the said clauses must be built in in the Representation and Objections against the notice u/s 13(2). The borrower must file caveat before the Magistrate just after submitting the said Representation and Objections and must have the liason with the office of the Magistrate so that he secures opportunity to submit his defence against the said 9 clauses of the affidavit. It is needless to mention that all this should be possible particularly due to following environmental factors:-

(a)   There are more than 3 crore cases pending before the civil courts and AP HC sitting judge has said that it will take 320 years to clear the pendency.

(b)   Justice Krishna Iyer has said in respect of judicial system that we are 200 years behind the developed countries.

(c)   UK took 157 years to attain proper working of tribunals and we do not want to learn from their experience.

(d)   The RBI Guidelines since 1976 are being openly violated by the banks. There is scant regard for serious implementation in respect of appraisal, revival and rehabilitation.

(e)   There is single point program only for recovery even to the extent of ignoring principles of natural justice and constitutional rights. To meet such aim, the DRTs were established, the DRTs are not being transferred from Ministry of Finance to Ministry of Law despite 15 years old verdict of SC. The bank officials are being posted as POs and Recovery Officers in DRTs.

(f)    In order to cover up lapses of the banks in genuine appraisal, revival and rehabilitation, attention is being diverted to misuse of public funds, shortage due to NPAs etc. Example is being given to quick and forceful recoveries in developed countries. But no comparison is made to developed judicial systems which efficiently decides equally the claim of the bank as well as the counter-claim of the borrowers. The book ‘Lender Liability and Banking Litigation’(update 2012) published by ‘Law Journal Press, New York’ opens with the sentence ‘Multimillion dollar verdicts against financial institutions have become almost commonplace.’

(g)   Thanks to our constitution, the knowledgeable borrowers who are able to fight against the above adverse environment which is seriously affecting the growth of entrepreneurship in our country. Day is not far when few verdicts in the matter of counter-claims against the banks will alone confirm our contentions that best recovery is out of generation of funds rather than coercive recovery out of the securities. In the meantime, large number of small borrowers will be sacrificed resulting into huge outcry but small reoveries.  

In view of above our suggestions to mitigate against the SC Ruling are as under:-

(A) Representation and Objections against the Notice u/s 13(2):- Under the present environment and in the context of the prevailing law as well as the law laid down by the Supreme Court in the said SC Judgment, this becomes most important document. It contains all the points on which the affidavit covering 9 points will be filed by the authorized officer u/s 14 before the Magistrate. It is observed that this document is not being prepared properly by the borrowers. Further in most of the cases, the banks are also not considering and replying the same with due application of mind (as desired by SC in the matter of Mardia Chemicals). Our suggestions are as under:-

(a)   All the wrong doings committed by the bank e.g. under financing, inadequate and delayed working capital, delays in sanction and flow of bank funds, violations of RBI Guidelines, delays and non-implementation of viability studies, delays in revival, rehabilitation and restructuring, impact and responsibilities for the external causes and conditions beyond control of the borrower, real reasons for the defaults committed by the borrowers etc have been thoroughly pleaded in the said Representation and Objections..

(b)   Assessment of the Loss and Damages suffered due to the above wrong doings and impact on the ‘Debt Due’ is included in the said Representation and Objections. In case the said Loss and Damages are more than the amount claimed by the bank, the situation of ‘No Debt Due’ is clearly pleaded in the said Representation and Objections.

(c)   Incidence of ‘NPA’ should be thoroughly questioned based on the relevant RBI Guidelines as well as the internal policies of the bank.

(d)   The claim of the Bank is thoroughly examined and pleaded with reference to the accounts statements submitted by the Bank.

(e)   The details of the securities and security interest created is thoroughly examined and pleaded with reference to the documents executed.

(f)    Copies of the said Representation and Objections should be endorsed to the Chairman of the Bank.

(g)   For the above, whatever documents are needed, the same should be asked for from the bank before submitting the said Representation and Objections.

(h)   Since as per Mardia, the banks are duty bound to reply to the said Representation and Objections with due application of mind within 15 days, the pleadings in the said Representation and Objections should be quite exhaustive so that there is no scope for the bank to say that they had any difficulties in replying with due application of mind. 

Comments:- In the present environment and prevailing law as well as the law recently declared by the SC, the above mentioned Representation and Objection will become highly essential for the following reasons:-

(a)   The application of the bank u/s 14 is to be accompanied by an affidavit duly affirmed by the authorized officer of the bank declaring 9 points viz dealing with:-

(i)    total financial assistance granted and total claim of the bank on the date of filing of the application.

(ii)   Borrower has created security interest over various properties or bank is holding valid and subsisting security interest over such properties and claim of the bank is within limitation.

(iii) Borrower has created security interest over such properties giving details of the properties.

(iv)  Borrower has committed default.

Comments:- If the default is caused due to wrong doings of the bank, that needs to be pleaded in the said Representation and Objections. This needs to be pointed out to the Magistrate based on the Injunction Suit mentioned below.

(v)   Consequent on default, account has been classified as NPA.

Comments:- If the NPA declaration is wrong, that needs to be pleaded in the said Representation and Objections. This needs to be pointed out to the Magistrate based on the Injunction Suit mentioned below.

(vi)  Notice u/s 13(2) served on all borrowers and guarantors.

(vii)Representation and Objections of the Borrower considered with due application of mind and reasons for non-acceptance, if it is there is communicated within 15 days.

Comments:- If the non-acceptance is wrong, that needs to be pointed out to the Magistrate based on the Injunction Suit mentioned below.

(viii)   Borrower has not made any payment despite notice and hence the bank is entitled to take possession u/s 14.

Comments:- The borrowers can make use of this clause suitably.

(ix)      Provisions of this Act and Rules had been complied with.

Comments:- This is one of the most important part of the Affidavit. The borrower should cover the lapses on part of the bank in the said Representation and Objections and put up before the Magistrate at appropriate time. The same be covered in the Injunction suit given below and a later date in the SA to be filed u/s 17. 

(b)   If the bank rejects the said Representation and Objections without due application of mind, one can file ‘Declaratory and Injunction Suit’ in civil court. Till that suit is decided, the authorized officer should not invoke Sec 14 for physical possession. Even if he invokes, the Magistrate cannot issue orders against the bank’s application u/s 14.

(c)   As per Mardia, nobody can be left remediless. Further as per the provisions of law u/s 13[3(A)], 34 and 37 of the Act combined with the principles of natural justice, the above mentioned Injunction suit is one of the best remedies. If there is any problem in the civil court, one may approach the High Court.    

(B) Caveat before Magistrate & Liason with his Offfice:- These have been dealt with in detail in previous weekly mails in detail.


 

(2) Courts go Digital in Four States, Cases Put Online

The following news item is self explanatory:-

Courts go digital in four states, cases put online

TNN Oct 16, 2013, 05.37AM IST

http://articles.timesofindia.indiatimes.com/2013-10-16/india/43105599_1_pending-cases-high-courts-3-2-crore-cases

NEW DELHI: Andhra Pradesh, Kerala, Karnataka and Maharashtra have computerized most of their courts and are the only states where all pending cases in all courts have been put online and connected with the National Judicial Data Grid, monitored by the Supreme Court.

Law ministry sources said by next year, all pending cases in all courts across the country are likely to be put online and efforts are on to introduce facilities for litigants like updates on their cases through text messages.

A pilot project was launched in August by the Chief Justice of India in these four states to put online all pending cases in lower courts and high courts and link it to the National Judicial Data Grid (NJDG).

The NJDG was conceived as part of judicial reforms and initiated under the eCourts project. The data grid is mandated to warehouse all critical information of court cases. "Through intra-net and secured digital environment with authorized user facilities, judges, court staff and other stakeholders will be able to access the grid," a senior law ministry official said.

The deadline was earlier fixed for December 13 for all high courts to update their backlog cases online and later by all lower courts in these states. By 2014, the government hopes to update all pending cases in all courts online which will help in policy formulation and bringing down pendency which has gone above 3.2 crore cases across the country.

Intended to facilitate better resource management of courts, the judicial data grid will analyze the number and type of pendency in every court in the country on a real-time basis and provide timely inputs for policy decisions to reduce delay and arrears in the system.

The NJDG will be available on a web portal for all courts across the country having real-time data. The implementing agency, National Informatics Centre, has provisioned 100 virtual machines at its national data centre (NDC) in New Delhi for this purpose.

(3) Bankruptcy Laws for Efficient Revival: Experts

Mr Himanshu Mehta, one of our clients from Mumbai have drawn our attention to the following news item which is self explanatory:-

Bankruptcy Laws for Efficient Revival: Experts

http://economictimes.indiatimes.com/news/economy/policy/india-inc-needs-us-like-stronger-bankruptcy-laws-for-efficient-revival-experts/articleshow/23876236.cms

The gross NPAs ratio had touched 3.9% in June. RBI feels they may rise to 4.4% if the macroeconomic situation does not improve given strained corporate balance sheets.

ET SPECIAL:

Get latest Dollar price updates on your mobile

KOLKATA/ MUMBAI: The US economy has recovered faster than any other developed world economy after the 2008 credit crisis. A key reason for that probably is the strength of its bankruptcy laws where companies such as General Motors andChrysler which collapsed then are back in business while India's biggest restructured loans from those years such as Suzlon and GTL are still struggling.

If Reserve Bank of India governor Raghuram Rajan's plans to expedite the loans recast and quick resolution of unviable business come through, India's economic recovery from any slump in the future could be as quick as that of the US, unlike Japan where companies linger on like in India.

"The absence of strong bankruptcy laws like in the US probably prolongs the economic revival process," said Dipankar Dasgupta, economist and former profession at Indian Statistical Institute. "The soft legal clauses in the country actually have led many companies face turmoil with their impact on the national economy as a whole."

Rajan, the former International Monetary Fund chief economist who warned of the impending credit crisis years before it happened , is cranking up the regulatory structure as bad and restructured loans threaten the banking system. His warning is that promoters do not 'have the divine right' to continue to manage those businesses that they steered to failure.

"If uncertainty has increased you will have more restructures but we have to be careful that those restructurings are genuine and not strategic and those restructurings do not occur because of malfeasance," Rajan told ET in an interview on Tuesday. "The public in many ways does pay a price for the restructuring because these are public sector banks that are talking hits on the debt that they have given. The public has the right to know that their money is being used in a fair way."

The US laws permit a company to pre-empt insolvency and file for bankruptcy before the situation gets worse. Under Chapter 11 of US Bankruptcy Code, a debtor firm can propose a reorganisation plan much before it turns sick to keep business going and pay creditors over time. In the year ended March 2012, standard restructured loans in the banking sector stood at Rs 2.18 lakh crore, according to the RBI.

Indian economic growth has fallen to a decade low of 4.4% in the June quarter from more than 9% a few years ago as companies' investment in new projects crashed. Companies are over-leveraged, leaving little scope for them to invest in new projects, but at the same time the promoters' eagerness to continue at the management have led to them holding on to assets instead of disposing them off.

The sluggish economy has already led the gross non-performing assets ratio to 3.9% in June. And the RBI has estimated that gross NPAs may further rise to 4.4% if the macroeconomic situation does not improve given strained corporate balance sheets.

The proposed National Companies Law Tribunal could also aid Rajan's cause as the definition of sick companies is set to be changed. "Under NCLT, a company is declared sick if it defaults in payment of a secured loan for more than 30 days," said MR Umarji, legal advisor to Indian Banks' Association. Under NCLT, a professional -- be it a chartered accountant, lawyer or a company secretary -- can be appointed as a liquidator. He can develop the expertise in taking possession of assets and distribute them to creditors and other stakeholders as is the practice in other countries.

Earlier, rules allowed sick companies that operated for at least five years to approach the Board for Industrial and Financial Reconstruction ( BIFR) if accumulated losses equalled or exceeded their net worth. "New provisions can be introduced to encourage Indian promoters to approach lenders with their revival plans at a much earlier stage of stress, like what happened in the US," said Sanjay Doshi, KPMG India partner -- transaction and restructuring.

(4) Ten Things to Remember in Life

Mr Firoz Poonawalla has sent the following useful mail:-

TEN THINGS TO REMEMBER IN LIFE
 

Someone has written these beautiful words. They are like the ten 
pearls to follow in life all the time
.

1] Prayer is not a "spare wheel" that you pull out when in trouble, 
but it is a "steering wheel" that directs the right path throughout.

2] A Car's WINDSHIELD is so large & the Rear view Mirror is so small? 
Because our PAST is not as important as our FUTURE. So, Look Ahead and 
Move on.

3] Friendship is like a BOOK. It takes few seconds to burn, but it 
takes years to write
.

4] All things in life are temporary. If going well, enjoy it, they 
will not last forever. If going wrong, don't worry, they can't last 
long either.

5] Old Friends are Gold! New Friends are Diamond! If you get a 
Diamond, don't forget the Gold! Because to hold a Diamond, you always 
need a Base of Gold!

6] Often when we lose hope and think this is the end, GOD smiles from 
above and says, "Relax, sweetheart, it's just a bend, not the end!

7] When GOD solves your problems, you have faith in HIS abilities; 
when GOD doesn't solve your problems HE has faith in your abilities
.

8] A blind person asked St. Anthony: "Can there be anything worse than 
losing eye sight?" He replied: "Yes, losing your vision!"

9] When you pray for others, God listens to you and blesses them, and 
sometimes, when you are safe and happy, remember that someone has 
prayed for you.

10] WORRYING does not take away tomorrow's TROUBLES, it Just robs you 
of today's PEACE.

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DRT Solutions Weekly Mail – 283rd Issue dated 11th October ’13

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

Weekly Mails - 1-10  11-20  21-30  31-40  41-50  51-60  61-70  71-80 81-90 91-100 101-110 111-120 121-130 131-140 141-150 151-160 161-170 171-180 181-190 191-200 201-210 211-220 221-230 231-240 241-250 251-260 261-270  271-Latest

(1) Sec 14 of Securitization Act – Physical Possession  – Misconception about Power of Magistrate 

There is misconception about the power of the  Magistrate acting u/s 14 of the Securitization Act. In this connection, it will be relevant to go through the said Sec 14 which is reproduced below:-

14. Chief Metropolitan Magistrate or District Magistrate to assist secured creditor in taking possession of secured asset.- (1) Where the possession of any secured asset is required to be taken by the secured creditor or if any of the secured asset is required to be sold or transferred by the secured creditor under the provisions of this Act, the secured creditor may, for the purpose of taking possession or control of any such secured asset, request, in writing, the Chief Metropolitan Magistrate or the District Magistrate within whose jurisdiction any such secured asset or other documents relating thereto may be situated or found, to take possession thereof, and the Chief Metropolitan Magistrate or, as the case may be, the District Magistrate shall, on such request being made to him-

(a) take possession of such asset and documents relating thereto; and

(b) forward such asset and documents to the secured creditor.

(2) For the purpose of securing compliance with the provisions of sub-section (1), the Chief Metropolitan Magistrate or the District Magistrate may take or cause to be taken such steps and use, or cause to be used, such force, as may, in his opinion, be necessary.

(3) No act of the Chief Metropolitan Magistrate or the District Magistrate done in pursuance of this section shall be called in question in any court or before any authority.”

Our observations and comments are as under:-

(i)            As per the title, the CMM or DM will assist the secured creditor in taking (physical) possession of the secured assets.

(ii)           As per the sub section (3), no act of the CMM or the DM done in pursuance of this section shall be called in question in any court or before any authority. Hence no adjudication of matters relating to ‘Debt Due’ can be carried out by these Magistrates.

(iii)         There is no provision of any notice to the Borrower.

(iv)          Thus the Act of the Magistrate is limited to only providing police help to the Bank to taken physical possession of the secure assets and nothing more. Since this Act will result in deprivation of the property, the Magistrate will check whether there is any Recovery Certificate of the DRT or Decree from any civil court. If these documents are not produced by the Bank, the Magistrate will decline to help the Bank. Hence such Act of the Magistrate will not be questionable in any court and for such Act, the Magistrate need not give any notice to the Borrower.

(v)           The Banks and their legal advisors carry a misconception that at the back of Borrower, they can approach the Magistrate and get his order for police help to take physical possession of the secured assets. They have been doing this also. Thus they have scarred the Borrower and the public. The Courts also have been giving confusing orders.

(vi)          In view of above, we have been advising the Borrowers to take action as advised above and spread this knowledge to the Borrower community including their Advocates. We are confident that in due course of time clear-cut court orders will be obtained as our views are based on legal fundamentals.

(vii)        In this connection, the following Supreme Court judgment will be highly useful:-

Karnataka State Financial Corporation Vs. N. Narasimahaiah {2008 (5) SCC 176}, the Supreme Court held as follows:-

“40. Right to property, although no longer a fundamental right, is still a constitutional right. It is also human right. In the absence of any provision either expressly or by necessary implication, depriving a person therefrom, the Court shall not construe a provision leaning in favour of such deprivation.”

“In a case where a Court has to weigh between a right of recovery and protection of a right, it would also lean in favour of the person who is going to be deprived therefrom. It would not be the other way round.”

(2) War on NPA Assets to Intensify, New SBI Chief Says

Mr Himanshu Mehta, one of our clients from Mumbai have drawn our attention to the following news item which is self explanatory:-

War on non-performing assets to intensify, new SBI chief says

TNN | Oct 9, 2013, 07.44AM IST

http://timesofindia.indiatimes.com/business/india-business/War-on-non-performing-assets-to-intensify-new-SBI-chief-says/articleshow/23769138.cms

MUMBAI: The new chief of the country's largest bank has said that the war on non-performing assets has intensified and that non-performing managements have no reason to continue being in office.

"There is no way that anybody can say that the war against NPA is over or that we are going to lessen the intensity. If anything, we are going to increase the intensity. Besides continuing to do what we did, we will use a lot of weapons to control the NPAs," said 
Arundhati Bhattacharya, chairperson, SBI, in her first interaction with the media after taking charge.

According to Bhattacharya, the new weapons would be analytics using information technology. The bank will also rationalize structures on how NPAs are managed and who takes up the issue within the bank and at what stage in order to get better and quicker responses. "We will also be looking at how to cut down the time span that we normally take for resolving NPAs by cutting down processes so that the turnaround time is less," she said. In the case of retail and farm sector, the bank is focusing on creating teams that will get down to the grassroots and contact each and every defaulting borrower and ask them to repay. According to Bhattacharya, controlling NPAs will help the bank improve other ratios such as return on equity and return on assets.

Elaborating on the scope for changing managements of defaulting companies, Bhattacharya said, "At this point, it is very difficult to bring about a change in managements, partly because earlier we did not take pledge of promoter shares. Also, while trying to sell a particular unit, there are issues. For instance, in businesses such as aluminium and steel, the permits for the ore are with other companies. But having said that, everyone in the 
banking industry agrees that should the management not perform, they have no right to be there and they should be changed."

On the changes that she proposes to bring in as the first woman chief of SBI, Bhattacharya said, "As a woman, I think that some problems are peculiar to women. I would try and be more sensitive to them. When I was in 
SBI Caps, we introduced a 6-year sabbatical for employees without pay as against 13 months in SBI. Any employee can take three sabbaticals of two years each." The only condition was that the sabbatical was available to only 5% of employees on first come, first served basis as it was a small organization.

Bhattacharya said that 
women usually take a break three times in their career. One is when they get married and have children. Second, when their kids are in class 10 or 12 and the third, when either parents or in-laws fall sick. "Whether I can replicate this sabbatical in SBI, I don't know," said Bhattacharya. However, she said that she has already taken a decision in the bank to remove the cap on the number of transfers that an employee can seek on account of a spouse relocating.

Our Comments

Public can only watch as to how SBI can recover Rs 7000 crores from Kingfisher Airlines and similar other high value accounts. It is needless to mention that small borrowers of few crores continue to have sleepless nights for illegal deprivation of their properties with coercive legal tools but nothing happens to thousands of crores of NPAs. But the day is not far, when the Borrowers will also acquire the application of Constitutional provisions combined with Counter-claims to hold the bank officials including their Chairman responsible to achieve just and fair court decisions.  

(3) Top Judges Admit India’s Justice System is a ‘Tragedy’ as Common Citizens are Ignored in Favour of High-profile Cases

The following news item is highly relevant:-

Top judges admit India's justice system is a 'tragedy' as common citizens are ignored in favour of high-profile cases 

By HARISH. V. NAIR

PUBLISHED: 00:05 GMT, 8 October 2013 UPDATED: 00:05 GMT, 8 October 2013

 

Mailonline India 
Tuesday 08.10.13 AM 5:30

http://www.dailymail.co.uk/indiahome/indianews/article-2449211/Top-judges-admit-Indias-justice-tragedy-common-citizens-ignored-favour-high-profile-cases.html?ito=feeds-newsxml 

Speedy trials in cases involving rich and powerful defendants have perturbed not only the common people, but also the top judicial body in the country.

The Supreme Court, through a series of observations, recently admitted that the Indian judiciary was ignoring the common man while giving priority to rich, powerful and influential people in hearing cases - and said some serious introspection was called for in this regard.

There are 65,000 cases pending in the Supreme Court, a total of 42 lakh cases in high courts and a staggering 2.9 crore in trial courts.

"Look at the tragedy in our country. Decision was rendered in January this year by the trial court and appeal has been heard and arguments completed. Here, appeals filed in the year 2005 against death penalty are not heard by us.

"Sometimes, I wonder at my system. Here is an appeal of the year 2013 which gets a quick hearing. In how many cases are we doing so? That's why poor man feels that the system cares only for known persons and the unknown persons (common man) gets ignored," a bench of justices H L Dattu and SJ Mukhopadhaya said on September 12 while dismissing the plea of former Haryana chief minister Om Prakash Chautala.

Chautala, who is serving a ten-year jail term in the teacher recruitment scam, had sought extension of his interim bail.

Another bench of Justice B S Chauhan and Justice S A Bobde while dismissing the anticipatory bail plea of IPS officer P P Pandey, accused in Ishrat Jahan fake encounter case, on August 12 said: "We are sorry to say that the court's time is being used by senior advocates and big criminals.

"We can say on oath that only 5 per cent of the time is being used for common citizens, whose appeals are waiting for 20 or 30 years. This court has become a safe haven for big criminals. You come here for the sixth or eighth time for anticipatory bail and we should hear as if we were a trial court." 

The issue was first brought to the fore in December 2011 by a Delhi High Court judge S N Dhingra, who said: "…criminal justice system needs overhauling so that the constitutional mandate of equality before law is made meaningful and it should not be the case that higher courts are kept occupied by the person with money or power, as is the case today".

Justice Dhingra issued an order that in all such cases where appellants are in jail and sentence is not suspended, courts should fix a time limit for disposing of such appeals.

Lawyer Manish Khanna, who has been fighting for speedy trial for the poor, said: "It is a well know fact that hearing pattern in most courts change when petitions of the rich and powerful come up. Senior advocates who appear for them get special attention."

Khanna, through an RTI query sought to know recently if the high court, after justice Dhingra's order put in place any policy on giving speedy hearing to persons in jail and the reply he got was "issue under submission to the authorities".

Supreme Court demands 22 special courts to try politicians 

The Supreme Court on Monday asked the Centre how far its order on August 5 to set up 22 special CBI courts to try corruption cases involving high-profile politicians and public servants has been implemented.

A bench noted in its order that "Solicitor General Mohan Parasaran frankly admits that the court's order has not been implemented". 

It said details must be provided failing which it will summon senior officials from the states. Parasaran said there have been delays in Andhra Pradesh, Punjab and Uttar Pradesh but other states have stated that they will make the special courts functional by November.

In its August 5 order, the apex court had said: "Governments of Andhra Pradesh, Punjab, Rajasthan and Uttar Pradesh are directed to sanction creation and/or establishment of the remaining Additional Special Courts within a month." 

"We further direct that all the 22 Additional Special Courts, for which the government of India had written to different state governments/union territories, should be made effectively functional by the respective states and the administration of Union Territories, by providing necessary infrastructure and provisions for budget. 

"As far as manpower is concerned, law secretaries of state governments and Union Territories are directed to get in touch with the administration of the respective high courts and ensure that suitable officers are made available for posting in the special courts within a maximum period of two months," the order had said.

The CBI had told the court that out of 22 additional special courts, 15 have been sanctioned.

Tihar flooded with under-trials

The Capital's Tihar jail is bursting at its seams with 13,253 prisoners - more than double its capacity of 6,250 inmates.

According to the prison's spokesperson Sunil Kumar Gupta, 75 per cent of the inmates are under-trials, many of whose appeals are yet to be heard.

"There is no denying that such a high percentage of under-trials in a jail is a poor reflection of the state of affairs of the criminal justice administration. 

"It is a fact that the common man goes into the general queue as far as hearings for bail and appeal are concerned while the rich and influential somehow manage priority hearings," said former Delhi High Court judge R S Sodhi.

Lawyer and civil rights activist Colin Gonsalves said: "The rich and powerful hire high-profile lawyers. 

"Their issues then automatically get precedence over the cases of poor man who may not even have a lawyer. 

"Therefore, the cases of the rich end up getting exaggerated importance many times eating up lion's share of the court's time."

(4) Mind-blowing Food Facts

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


Pineapple is a natural painkiller

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

Pomegranate juice could prevent a heart attack

This wonder juice is believed to improve blood flow to the heart and lower blood pressure. 

Onions are natural antibiotics

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

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

Blueberries can boost memory

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

8 Eat chocolate, live longer

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

Grapefruit juice can stop medicine working

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

10 You should never drink tea or coffee with meals

Tannins in tea and coffee prevent absorption of certain nutrients. A cup of tea with a meal will halve the iron you get from it, whereas a glass of orange juice will double it. 

11 Cherries can cure gout

Cherries contain compounds that significantly reduce the chemicals in the body which cause joint inflammation. 

12 Eating curry could help prevent Alzheimer's

According to a report in the Journal of Biological Chemistry, a yellow pigment used in curry, curcumin, can stop amyloid plaques in the brain that cause the condition. 

13 Sniffing a lemon could help you beat asthma

The UK 's 5.1 million asthmatics could find lemons ease their symptoms. Studies in rats found that breathing improved after they inhaled limonene, the chemical that gives lemons their smell. 

14 Kiwi fruit can improve your eyesight

This fuzzy fruit is a surprisingly good source of lutein, an antioxidant that protects your vision. 

15 Garlic can cure mouth ulcers and verruca’s

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

16 It is important have a little salt in your meals

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

17 Figs can delay brittle bone disease

Good news for the three million osteoporosis sufferers in the UK - it is possible to slow its progress by eating calcium-packed figs.

18 Soya can mimic breast cancer drugs

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

19 Barbecued-food can cause cancer

Eating meat that's char grilled or burnt could lead to stomach, pancreatic, colon and breast cancer because it creates high levels of carcinogenic compounds. 

20 Cinnamon can help diabetics

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

21 Chilies can help you breath more easily

Capsaicin, which occurs in chilies, shrinks the mucous membranes which can ease blocked noses and sinuses. 

22 Watermelon is good for the prostate

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

23 Coriander can lower your cholesterol levels

This aromatic herb can reduce cholesterol levels and prevent heart problems.

24 Nibbling nuts can prevent blood clots

Nuts boost nitric oxide, a compound that relaxes blood vessels and eases blood flow. 

25 Banish bad breath with natural yoghurt

A few spoonful of natural yoghurt can neutralise halitosis, according to Japanese researchers. 

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DRT Solutions Weekly Mail – 282nd Issue dated 4th October ’13

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

(1) Invocation of Sec 14 by the Bankers to take Physical Possession with the help of Police against Order by the Magistrate – Conditions Precedent 

The matter of physical possession has been dealt with by us in several weekly mails. We find that the borrowers and their advocates still have not paid serious attention to the conditions precedent. Our views are as under:-

(a)   In the initial stages for recovery of debt due under the Securitization Act, the bankers are only entitled for taking symbolic possession i.e. possession on paper.

(b)   Thereafter if the borrower has gone to DRT u/s 17 of the Act, the bankers are not entitled to initiate any action for taking physical possession until and unless the said DRT has issued a Recovery Certificate in favour of the bank.

(c)   Despite above, if the bankers initiate prior action for taking physical possession i.e. just after notice u/s 13(4), it will be premature and hence illegal.

(d)   When there is any Recovery Certificate issued by DRT in favour of the bank, the bank has to first arrange a buyer for the secured assets by following the prescribed procedure of law. When proper buyer has been decided, the bank should approach the borrower to give physical possession. If the borrower refuses to give the physical possession, then only the bank is entitled to approach the Magistrate to order taking physical possession with the help of police.

(e)   It is observed that the banks are invoking sec 14 even just after issue of possession notice u/s 14. As advised the borrower should issue a caveat so that he gets an opportunity of hearing before the Magistrate. Side by side the borrower should be in touch with the office of the Magistrate so that as soon as the bank approach, suitable reply is submitted to the Magistrate outlining that such approach by the bank is premature and hence illegal.

(f)    In the meantime, the borrower should file his defence including the counter-claim with the DRT.

(g)   Subsequently the borrower should file a stay application with the DRT outlining the above conditions precedent.

(h)   If proper case is made out, the DRT is bound to issue stay or to maintain status quo.

(i)    If the order of DRT goes against the borrower, he should file appeal with the DRAT. Since it will be an interim application, the DRAT should not insist for deposit if any.

(j)    If the decision of the DRAT goes against the borrower, he may approach to the High Court and the Supreme Court.

 

(2) Court slaps Fine on Bank for Selling Auctioned Land

 

The following news item published by the Times of India is self explanatory:-

Court slaps fine on bank for selling auctioned land

Manish Raj, TNN | Sep 29, 2013, 02.04 AM IST

http://timesofindia.indiatimes.com/city/chennai/Court-slaps-fine-on-bank-for-selling-auctioned-land/articleshow/23226394.cms

CHENNAI: The Madras high court has imposed an exemplary cost of 1 lakh on Indian Bank for having accepted deposit money from a third party for a property which had been auctioned and sold to another person by the bank itself.

Slamming the bankers and doubting their intentions, the court also cautioned that such conduct of a nationalised bank would result in erosion of public trust on the institution. "This conduct of the bank will certainly create a fear in the minds of the public to participate in auctions conducted by banks. By this kind of deprecatory action of the bank, the confidence level of the public in nationalised banks will certainly get diluted," observed a division bench comprising Justice K Suguna and Justice M Duraiswamy.

The matter relates to a petition filed by V S Muthupandian and S Chandresan saying though they were the confirmed auction purchasers of a property mortgaged to the Thousand Lights branch of Indian Bank, the bank authorities had received deposit money from third parties and did not give them possession of the land. They charged the bank with attempting to defraud them as well as creditors.

Manickchand Balecha and Kiran Kanwar, who were guarantors and owners respectively of the property, however, told the court that the authorised officer of the bank had played fraud as they had neither availed themselves of any loan nor did they stand guarantors for any loan secured by any person. 

Smelling fraud, the division bench pointed out that the Debts Recovery Appellate Tribunal (DRAT) had set aside the auction sale on the ground that Manickchand Balecha and Kiran Kanwar had never deposited the original documents of the property to the bank.

Wondering what prevented the duo from establishing their case before the Debts Recovery Tribunal (DRT) and not the DRAT, the judges blamed the bank for the chaos. "The bank is the sole cause for all these chaos and confusion."

Directing the bank to immediately return the money received from the third parties, the judges said: "In order to prevent nationalised banks from involving themselves in unhealthy practice, as in the present case, at least in future, this cost of 1 lakh is imposed on the bank, to be paid to the third party." 

(3) 45 Uses for Lemons That will Blow Your Socks Off

 

Mr Firoz Poonawalla has sent the following useful information:- 

45 Uses For Lemons That Will Blow Your Socks Off

=================================  

Most people are familiar with the traditional uses for lemons to soothe sore throats and add some citrus flavour to our foods. However the diversity of applications for lemons far exceeds general knowledge and once you read the following list, you’ll likely want to stock at least a few lemons in your kitchen 24-7. 

1. Freshen the Fridge
Remove refrigerator odours with ease. Dab lemon juice on a cotton ball or sponge and leave it in the fridge for several hours. Make sure to toss out any malodorous items that might be causing the bad smell.
 

2. High Blood Pressure
Lemon contains potassium which controls high blood pressure and reduces the effect of nausea and dizziness.
 

3. Prevent Cauliflower From Turning Brown
Cauliflower tend to turn brown with even the slightest cooking. You can make sure the white vegetables stay white by squeezing a teaspoon of fresh lemon juice on them before heating.
 

4. Mental Health
Lemon water can also prep up your mood and relieve you from depression and stress. Long distance walkers and world travelers as well as explorers look upon the lemon as a Godsend. When fatigue begins, a lemon is sucked through a hole in the top. Quick acting medicine it is, giving almost unbelievable refreshments.
 

5. Refresh Cutting Boards
No wonder your kitchen cutting board smells! After all, you use it to chop onions, crush garlic, and prepare fish. To get rid of the smell and help sanitize the cutting board, rub it all over with the cut side of half a lemon or wash it in undiluted juice straight from the bottle.
 

6. Respiratory Problems
Lemon water can reduce phlegm; and can also help you breathe properly and aids a person suffering with asthma.
 

7. Treating Arthritis and Rheumatism
Lemon is a diuretic – assists in the production of urine which helps you to reduce inflammation by flushing out toxins and bacteria while also giving you relief from arthritis and rheumatism.
 

8. Prevents Kidney Stones
Regular consumption of the refreshing drink — or even lemon juice mixed with water — may increase the production of urinary citrate, a chemical in the urine that
prevents the formation of crystals that may build up into kidney stones. 

9. Keep Insects Out of the Kitchen
You don’t need insecticides or ant traps to ant-proof your kitchen. Just give it the lemon treatment. First squirt some lemon juice on door thresholds and windowsills. Then squeeze lemon juice into any holes or cracks where the ants are getting in. Finally, scatter small slices of lemon peel around the outdoor entrance. The ants will get the message that they aren’t welcome. Lemons are also effective against roaches and fleas: Simply mix the juice of 4 lemons (along with the rinds) with 1/2 gallon (2 liters) water and wash your floors with it; then watch the fleas and roaches flee. They hate the smell. 

10. Anti-Aging
Lemon water reduces the production of free radicals which are responsible for aging skin and skin damage. Lemon water is calorie free and an antioxidant.
 

11. Fruit and Vegetable Wash
You never know what kind of pesticides or dirt may be lurking on the skin of your favourite fruits and vegetables. Slice your lemon and 
squeeze out one tablespoon of lemon juice into your spray bottle. The lemon juice is a natural disinfectant and will leave your fruits and vegetables smelling nice too.

12. Treat Infections
Lemon water can fight throat infections thanks to its antibacterial property. If salt water does not work for you, try lime and water for gargling.
 

13. Deodorize Your Garbage 
If your garbage is beginning to smell yucky, here’s an easy way to deodorize it: Save leftover lemon and orange peels and toss them at the base under the bag. To keep it smelling fresh, repeat once every couple of weeks.
 

14. Keep Guacamole Green
You’ve been making guacamole all day long for the big party, and you don’t want it to turn brown on top before the guests arrive. The solution: Sprinkle a liberal amount of fresh lemon juice over it and it will stay fresh and green. The flavor of the lemon juice is a natural complement to the avocados in the guacamole. Make the fruit salad hours in advance too. Just squeeze some lemon juice onto the apple slices, and they’ll stay snowy white.
 

15. Purges The Blood
We consume a lot of junk food or food with a lot of preservatives and artificial flavours. This builds up a lot of toxins in the blood and body but daily consumption of lemon water helps to purify the blood.
 

16. Make Soggy Lettuce Crisp
Don’t toss that soggy lettuce into the garbage. With the help of a little lemon juice you can toss it in a salad instead. Add the juice of half a lemon to a bowl of cold water. Then put the soggy lettuce in it and refrigerate for 1 hour. Make sure to dry the leaves completely before putting them into salads or sandwiches.
 

17. Oral Health
Lemon juice also stops bleeding gums and reduces toothaches
 

18. Lighten Age Spots
Why buy expensive creams when you’ve got lemon juice? To lighten liver spots or freckles, try applying lemon juice directly to the area. Let it sit for 15 minutes and then rinse your skin clean. It’s a safe and effective skin-lightening agent.

19. Create Blonde Highlights
For salon-worthy highlights, add 1/4 cup lemon juice to 3/4 cup water and rinse your hair with the mixture. Then, sit in the sun until your hair dries. To maximize the effect, repeat once daily for up to a week.
 

20. Make a Room Scent/Humidifier
Freshen and moisturize the air in your home on dry winter days. 
Make your own room scent that also doubles as a humidifier. If you have a wood-burning stove, place an enamelled cast-iron pot or bowl on top, fill with water, and add lemon (and/or orange) peels, cinnamon sticks, cloves, and apple skins. No wood-burning stove? Use your stovetop instead and just simmer the water periodically. 

21. Clean and Whiten Nails
Pamper your hands without a manicurist. Add the juice of 1/2 lemon to 1 cup warm water and soak your fingertips in the mixture for 5 minutes. After pushing back the cuticles, rub some lemon peel back and forth against the nail.
 

22. Cleanse Your Face
Zap zits naturally by dabbing lemon juice on blackheads to draw them out during the day. You can also wash your face with lemon juice for a natural cleanse and exfoliation. Your skin should improve after several days of treatment. Lemon water is also a cooling agent, best way to beat the heat.
 

23. Freshen Your Breath
Make an impromptu mouthwash by rinsing with lemon juice straight from the bottle. Swallow for longer-lasting fresh breath. The citric acid in the juice alters the pH level in your mouth, killing bacteria that causes bad breath. Rinse after a few minutes because long-term exposure to the acid in lemons can harm tooth enamel.
 

24. Treat Flaky Dandruff
If itchy, scaly dandruff has you scratching your head, relief may be no farther away than your refrigerator. Just massage two tablespoons lemon juice into your scalp and rinse with water. Then stir one teaspoon lemon juice into one cup water and rinse your hair with it. Repeat daily until your dandruff disappears.
 

25. Get Rid of Tough Stains on Marble
You probably think of marble as stone, but it is really petrified calcium (also known as old seashells). That explains why it is so porous and easily stained and damaged. Those stains can be hard to remove. If washing won’t remove a stubborn stain, try this: Cut a lemon in half, dip the exposed flesh into some table salt, and rub it vigorously on the stain. But do this only as a last resort; acid can damage marble. Rinse well.Use These Lemons To Clean – Easy and Effective 

26. Remove Berry Stains
It sure was fun to pick your own berries, but now your fingers are stained with berry juice that won’t come off no matter how much you scrub with soap and water. Try washing your hands with undiluted lemon juice, then wait a few minutes and wash with warm, soapy water. Repeat until your hands are stain-free.

27. Soften Dry, Scaly Elbows
Itchy elbows are bad enough, but they look terrible too. For better looking (and feeling) elbows, mix baking soda and lemon juice to make an abrasive paste, then rub it into your elbows for a soothing, smoothing, and exfoliating treatment. Rinse your extremities in a mixture of equal parts lemon juice and water, then massage with olive oil and dab dry with a soft cloth.
 

28. Headaches 
Lemon juice with a few teaspoons of hot tea added is the treatment of a sophisticated New York bartender, for those who suffer with hangover headaches–and from headaches due to many other causes. He converts his customers to this regime, and weans them away from drug remedies completely.
 

29. Chills and Fevers
Chills and fevers may be due to a variety of causes; never the less the lemon is always a helpful remedy. Spanish physicians regard it as an infallible friend.
 

30. Diphtheria
Skip the vaccine for this disease. Lemon Juice Treatment still proves as one of the most powerful antiseptics and the strong digestive qualities of the fruit are admired around the world. With the juice every hour or two, and at the same time, 1/2 to 1 tsp. should be swallowed. This cuts loose the false membrane in the throat and permits it to come out.

31. Vaginal Hygiene
Diluted lemon juice makes a safe and sane method of vaginal hygiene. Though it is a powerful antiseptic it is nevertheless free from irritating drugs in douches and suppositories.
 

32. Forget The Moth Balls
A charming French custom to keep closets free from moths is to take ripe lemons and stick them with cloves all over the skin. The heavily studded lemons slowly dry with their cloves, leaving a marvellous odour throughout the closets and rooms.
 

33. Stomach Health
Digestive problems are the most common ailments but warm water and lime juice is the solution to most digestive problems. Lemon juice helps to purify the blood, reduces your chances of indigestion, constipation, eliminates toxins from the body, adds digestion and reduces phlegm.
 

34. Disinfect Cuts and Scrapes
Stop bleeding and disinfect minor cuts and scraps by pouring a few drops of lemon juice directly on the cut. You can also apply the juice with a cotton ball and hold firmly in place for one minute.
 

35. Soothe Poison Ivy Rash
You won’t need an ocean of calamine lotion the next time poison ivy comes a-creeping. Just apply lemon juice directly to the affected area to soothe itching and alleviate the rash.
 

36. Remove Warts
You’ve tried countless remedies to banish warts and nothing seems to work. Next time, apply a dab of lemon juice directly to the wart using a cotton swab. Repeat for several days until the acids in the lemon juice dissolve the wart completely.
 

37. Bleach Delicate Fabrics
Avoid additional bleach stains by swapping ordinary household chlorine bleach with lemon juice, which is milder but no less effective. Soak your delicates in a mixture of lemon juice and baking soda for at least half an hour before washing.

38. Clean Tarnished Brass and Polish Chrome
Say good-bye to tarnish on brass, copper, or stainless steel. Make a paste of lemon juice and salt (or substitute baking soda or cream of tartar for the salt) and coat the affected area. Let it stay on for 5 minutes. Then wash in warm water, rinse, and polish dry. Use the same mixture to clean metal kitchen sinks too. Apply the paste, scrub gently, and rinse. Get rid of mineral deposits and polish chrome faucets and other tarnished chrome. Simply rub lemon rind over the chrome and watch it shine! Rinse well and dry with a soft cloth.
 

39. Replace Your Dry Cleaner
Ditch the expensive dry-cleaning bills (and harsh chemicals) with this home-grown trick. Simply scrub the stained area on shirts and blouses with equal parts lemon juice and water. Your “pits” will be good as new, and smell nice too.
 

40. Boost Laundry Detergent
For more powerful cleaning action, pour 1 cup lemon juice into the washer during the wash cycle. The natural bleaching action of the juice will zap stains and remove rust and mineral discolorations from cotton T-shirts and briefs and will leave your clothes smelling fresh. Your clothes will turn out brighter and also come out smelling lemon-fresh.
 

41. Rid Clothes of Mildew
Have you ever unpacked clothes you stored all winter and discovered some are stained with mildew? To get rid of it, make a paste of lemon juice and salt and rub it on the affected area, then dry the clothes in sunlight. Repeat the process until the stain is gone.
 

42. Eliminate Fireplace Odour
There’s nothing cozier on a cold winter night than a warm fire burning in the fireplace — unless the fire happens to smell horrible. Next time you have a fire that sends a stench into the room, try throwing a few lemon peels into the flames. Or simply burn some lemon peels along with your firewood as a preventive measure.
 

43. Neutralize Cat-Box Odour
You don’t have to use an aerosol spray to neutralize foul-smelling cat-box odours or freshen the air in your bathroom. Just cut a couple of lemons in half. Then place them, cut side up, in a dish in the room, and the air will soon smell lemon-fresh.
 

44. Deodorize a Humidifier
When your humidifier starts to smell funky, deodorize it with ease: Just pour 3 or 4 teaspoons lemon juice into the water. It will not only remove the off odour but will replace it with a lemon-fresh fragrance. Repeat every couple of weeks to keep the odor from returning.
 

45. Reduce Asthma Symptoms
In addition to a general detoxifying diet, 2 tablespoons of lemon juice before each meal, and before retiring can reduce asthma symptoms.

* If you do consume lemon peel, stick to organic lemons to reduce your pesticide exposure. 

John Summerly is nutritionist, herbalist, and homeopathic practitioner. He is a leader in the natural health community and consults athletes, executives and most of all parents of children on the benefits of complementary therapies for health and prevention. 

Read more: http://www.trueactivist.com/45-uses-for-lemons-that-will-blow-your-socks-off/

    

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

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

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

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

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

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