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DRT Solutions Weekly Mail – 310th Issue dated 18th April ’14

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

 

(1) Will Ask SC to set up Special Court to deal with Politicians with Criminal Background: Narendra Modi

 

The following news item is self explanatory. What is needed is overall judicial reforms which is mother of all reforms so that thorough trial is completed within well defined time frame. In US, the suits are decided within 9 months and that too with thorough trial. There are 73 countries which are having better judiciary compared to India. Neither the Govt nor the Bar Council of India is interested to learn from them. Till then the criminals will subvert the democracy and public will continue to suffer

Will ask SC to set up special courts to deal with politicians with criminal backgrounds: Narendra Modi

Wednesday, 16 April 2014 - 10:34pm IST | Place: Gandhinagar | Agency: ANI

http://www.dnaindia.com/india/report-will-ask-sc-to-set-up-special-courts-to-deal-with-politicians-with-criminal-backgrounds-narendra-modi-1979093

Bharatiya Janata Party (BJP) prime ministerial candidate Narendra Modi said on Wednesday that if voted to power after the 2014 general elections, he would approach the Supreme Court of India with a request to set up special courts to deal with politicians who had criminal cases registered against them.

Modi told Smita Prakash, Editor (News) Asian News International (ANI), in an exclusive interview held here, that: “Criminilastion of politics is a grave issue, and this concern, is shared by every citizen of the country. It should be the concern of every party and all leaders.”

When asked what solutions he had in mind to deal with the issue, Modi said: “One solution is that political parties feel determined and don’t give tickets to such leaders. But this situation hasn’t arrived as of now. I have made up my mind, that this time, the MLAs or MPs who have been elected, to whichever party they belong, even if they belong to the BJP, if they have criminal charges against them, then I would request the SC to set up special courts to try them, and see that all of these criminals cases be disposed off within an year.” 

“So, that if a person is convicted, and his seat is vacated, then a person of a non-criminal background can takeover. In this way, the criminal layer in politics would be erased,” he added.

On whether he would work for a political consensus on this issue in parliament, the BJP prime ministerial candidate said: “Every party raises this issue, but nobody actually takes the initiative. I want to do this, and, I think, this is the best way. But, I am open to other good ideas.” 

“This should not be taken in a political context to put someone in jail. The real issue is that if Modi has four FIRs in his name, then it should be tried within a year. This is what I am saying, There is nothing vindictive. It’s not that we will start a new CBI inquiry or dig out files of certain leaders. I don’t want to commit this sin,” Modi said. 

“I want the credibility of the Indian institutions and the respect of Constitutional organisations to increase. If the country stands on multiple pillars of constitutional institutions, it will emerge stronger,” the BJP prime ministerial candidate said. 

Seeing the issue from a historical perspective, he said: “In the beginning, the leadership that emerged was from the revolution for Independence. Then, it came from social welfare. Then, it went towards casteism. Slowly and slowly, a leadership started emerging through gunpoint. This was a big deterioration, which is of grave concern. Earlier, political parties use to seek the help of criminals for gains. But then, criminals felt that why shouldn’t they themselves do this? So, this was the situation which started developing. Even if this was in small percentages like two percent or five percent, it was an issue of concern.”

(2) Problem of Deposits for Granting Stay in SA and or Appeal to DRAT under Securitization Act

 

Several borrower litigants have approached us for suggesting solution to above problem, Our views are as under:-

(a)   In SA, special and suitable pleadings be made that the borrower does not have liquid funds to provide any deposit.

(b)   In the said SA, the above be mentioned as first of the preliminary issues to be taken up by the DRT.

(c)   As soon as the proceedings of the SA commences, an application be submitted to decide the said preliminary first.

(d)   If the verdict of the DRT is not favourable, the relevant order be reviewed and appealed to higher courts.

(3) Settlement in DRT Cases

It is observed that the banks are getting inclined for settling the cases instead of continuing the litigation in DRTs. Mr. Bharat Gandhi, Advocate on Record Supreme Court has sent a very recent case where the settlement was reached at 10% of the amount due. Earlier we have reported a case where the settlement was reached at 5% of the amount due. We have observed if proper pleadings are made, counter-claim is setup and higher bank authorities like the Chairman and General Managers of the Bank are impleaded and the case is thoroughly handled on each date, sufficient pressure is created for the bank officials to come forward for settlement.

 

 

(4) 15 Benefits of Ghee

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

Modern science now verifies what Ayurvedic health science has said for thousands of years: Ghee has a host of health and cooking benefits and is good

Modern science now verifies what Ayurvedic health science has said for thousands of years:

Ghee has a host of health and cooking benefits and is good for the mind and spirit.

I consider ghee — a form of clarified butter — an essential powerfood!

Great For Cooking and Taste

1.  Ghee has a high smoke point (250 °C  482 °F).
You can cook and fry with ghee and it will not break down into free radicals like many other oils.

2. Ghee does not spoil easily so does not need refrigeration.
Some ghee mixtures last up to 100 years.

3. Buttery taste without causing dairy allergies.
Ghee is made from butter but the milk solids and impurities have been removed so most people

who are lactose or casein intolerant have no issue with ghee.

Ghee has a nutty buttery taste without disturbing dairy sensitivities.

High Nutrition:

4. Ghee is rich in the oil soluble vitamins, A D and E.

5.  Ghee is rich in K2 and CLA (Conjugated Linoleic Acid) –

an antioxidant with anti-viral properties if it is sourced from grass fed cows.

Energy and Weight Management

Ghee is converted directly into energy like carbohydrates.

6.  Ghee is Nutritionally Rich Like Coconut Oil
Ghee is rich in medium chain fatty acids which are absorbed directly to the liver (like carbs) and burnt as energy. Athletes can use ghee as a consistent energy source.

7. Weight Loss
The energy from these medium chain fatty acids can be used to burn other
 fats in the system and lose weight.

Digestion and Immune Strengthening
Ghee (unlike other oils) is rich in butyric acid, a short chain fatty acid. Beneficial intestinal bacteria convert fiber into butyric acid and then use that for energy and intestinal wall support.  A healthy body therefore makes it own form of ‘ghee’ but you can aid that greatly by just consuming it.

Eating ghee is like eating probiotics and prebiotics and fiber combined.

8. Healthy Digestive Tract
Research shows that people with unhealthy digestive tracts do not produce butyric acid.

9. Healthy Immune System
Research shows that adequate production of butyric acid supports the production of killer T cells in the gut, and thus a strong immune system.

10.  Anti-Inflammatory and Anti-Cancer

·  Researchers are using oral butyrate supplements and butyrate enemas to treat inflammatory bowel diseases such as Crohn’s and ulcerative colitis.

·  Ayurvedic physicians have been using ghee enemas for centuries to decrease inflammation.

11. Strong Appetite
Ghee stimulates the secretion of gastric acid, thus aiding in the digestive process.
Better digestion equals better health and weight loss.

Mind and Spirit

Ghee  can help cleanse negative emotions from the body and feed the positive.

12.  Molecules of Emotion
Modern research is now revealing that 
negative emotions have a chemical nature. This is what ancient cultures have always maintained, that the mind and body are one. These chemicals are attracted to and stored in fat.

Ghee can be used to replace those fats. Plus, if used properly in a cleanse, can attract and pull out these emotional toxins so they can be cleansed from the body.

13. Positive Food
Within Ayurveda, ghee is considered one of the most satvic foods. Satvic foods promote positivity, growth and expansion of consciousness.

14.  Holy Cow
The positive subtle effects of ghee is said to come from the fact that it comes freely from cows. Cows are special or holy because they receive and store thousands of spiritual energies from the environment. The milk from cows therefore contains the essence of all those energies and ghee is the essence of the milk.

Herbal Energizer

15.  Fry Your Spices in Ghee
Many of the medicinal properties of herbs and spices can be absorbed and transported to targeted areas of the body with ghee.
This is why Ayurveda uses ghee in thousands of different herbal preparation.
You can do the same thing by frying your kitchen spices in ghee before adding to your dishes.  

Making and Storing Ghee

Ghee is made the same as clarified butter but heated longer.  Learn how to: Make Ghee

The two things that will degrade ghee are water and sunlight.

·  Always store your ghee in a container with a good seal in the dark.

·  This is why it is best not to store ghee in the refrigerator if you are using it often. When you open it up to the warm air, water will condense on the ghee and cause oxidation.

·  Ghee will last 2-3 months if you keep it in an airtight container.

·  When kept in a refrigerator, without opening, ghee can last up to a year.

Don’t Be Scared of Ghee

Ghee was once thought to be unhealthy because it is saturated, but research has now revealed the truth about fats and oils. Ghee is one of the seven healthy fats YOU NEED in your kitchen.

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

 

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

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DRT Solutions Weekly Mail – 309th Issue dated 11th April ’14

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

 

(2) Sec 14 of Securitization Act - Important Judgement of Supreme Court of 03.04.14

 

Mr Bharat Gandhi, Advocate on Record, Supreme Court has informed the following recent judgment of the Supreme Court in the matter of Sec 14 of the Securitization Act relating to tenancy. Extract from the said judgment is reproduced according to which the Magistrate has to look into the facts concerning tenancy and decide as per this judgment:-

Reportable

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No. 736 OF 2014

(Arising out of S.L.P. (Crl.) No.1666 of 2012)

Harshad Govardhan Sondagar …… Appellant

Versus

International Assets Reconstruction Co.

Ltd. & Ors. ….. Respondents

 

J U D G M E N T

A. K. PATNAIK, J.

 

Extract from the above judgment is reproduced below:-

 

“Orders and directions of this Court in the facts of the cases before the Court:

 

28. Having expressed our opinion on the different questions of law raised in these appeals, we may now pass orders and directions considering the broad facts of the three different categories of the case before us:

 

(i)                In Criminal Appeals arising out of Special Leave Petition (Criminal) Nos.9426 of 2012, 9170 of 2012, - - - , the appellants claim that they are in possession of the secured asset under a lease made prior to the mortgage but the Chief Metropolitan Magistrate, Mumbai, has passed orders under Section 14 of the SARFAESI Act for delivery of possession of the secured asset to the respective secured creditors. These orders passed by the Chief Metropolitan Magistrate, Mumbai, are set aside and the matters are remitted to the Chief Metropolitan Magistrate to pass fresh orders in accordance with this judgment and any other law that may be relevant after giving an opportunity of hearing to the appellants and the secured creditors.

 

(ii)             In Criminal Appeals arising out of Special Leave Petition (Criminal) Nos.4064 of 2012, - - when the appellants filed the Special Leave Petitions under Article 136 of the Constitution of India, the applications of the secured creditors under Section 14 of the SARFAESI Act were pending. In case the applications are still pending, the Chief Metropolitan Magistrate or the District Magistrate, as the case may be, will consider the claims of the appellants that they were in possession of the secured asset under a lease made prior to the creation of the mortgage and decide the applications under Section 14 in accordance with this judgment and any other law that may be relevant. In case, during the pendency of these appeals, orders have been passed by the Chief Metropolitan Magistrate or the District Magistrate under Section 14 of the 6 SARFAESI Act, the orders so passed will stand quashed and the Chief Metropolitan Magistrate or the District Magistrate will pass fresh orders in accordance with this judgment and any other law that may be relevant after giving an opportunity of hearing to the appellants and the secured creditors.

 

(iii)           In the Criminal Appeals arising out of Special Leave Petition (Criminal) Nos.4619 of 2012, when the Special Leave Petitions were filed under Article 136 of the Constitution of India, no application under Section 14 of the SARFAESI Act had been filed by the secured creditors. In case such application under Section 14 of the SARFAESI Act has been filed in the meanwhile or is filed in future, the Chief Metropolitan Magistrate or the District Magistrate, as the case may be, will decide the applications in accordance with this judgment and any other law that may be 6 relevant after giving opportunity of hearing to the appellants and the secured creditors.

 

(iv)           In all these appeals, the Chief Metropolitan Magistrate or the District Magistrate, as the case may be, will pass final orders under Section 14 of the SARFAESI Act within four months from the date of filing of certified copy of this judgment by either the lessee/tenant or the secured creditor.

 

(v)              With the aforesaid directions and orders, the appeals are allowed. The parties shall bear their own costs.

.……………………….J.

(A. K. Patnaik)

………………………..J.

(V. Gopala Gowda)

New Delhi,

April 03, 2014.”


 

(2) CBI Arrests Debt Recovery Tribunal Officer While Accepting Bribe

 

One of our clients from Cochin has made reference to the following news item which is self explanatory:-

CBI Arrests Debt Recovery Tribune Officer While Accepting Bribe

http://www.newindianexpress.com/cities/kochi/CBI-Arrests-Debt-Recovery-Tribune-Officer-While-Accepting-Bribe/2014/03/30/article2139106.ece#.U0ZfETssXQA

By Express News Service - KOCHI

Published: 30th March 2014 09:37 AM

Last Updated: 30th March 2014 09:37 AM

The Central Bureau of Investigation (CBI) on Saturday caught an official of Debt Recovery Tribune (DRT) red-handed while receiving bribe.

The arrested has been identified as N Ranganathan, of Alappuzha, who is a Recovery Officer of the DRT here.

According to CBI officials, the accused person had been caught taking a bribe of `2 lakh from a person who won the bid for a property recovered by a bank.

“The complainant had won the bid from DRT for 70 cents of land in Angamaly which had been seized by SBT as part of revenue recovery. He won the bid for the property for `50 lakh.

However, Ranganathan approached the complainant and demanded a bribe of `2 lakh for releasing the property.

If the bribe is not paid, he would delay the release of the property, the official had told the complainant. The person then lodged a complaint with us and a trap was set. Ranganathan was contacted, and he asked the complainant to come Jawaharlal Nehru International Stadium in Kaloor,” officials said. “The chemically-treated currency notes were handed over to Ranganathan as bribe and following this, we caught him red-handed,” officials said.The agency has found that the accused had lowered the value of the properties to get bribe from the people who bid for revenue recovery properties. “The price of the property with the complainant in this case was `70 lakh. But Ranganathan lowered the price to `50 lakh. He did this to receive bribe. We are checking whether he did similar things in the past. For this, the properties released by the DRT are being checked,” a CBI official said.

The agency has registered a case under various sections of the Prevention of Corruption Act. The accused would be produced before the court.

 

(3) ‘Courts Duty-bound to Get Justice for Common Man’ says Supreme Court of India  

 

One of our clients from Cochin has made reference to the following news item which is self explanatory:-

'Courts Duty-bound to Ensure Justice for Common Man'

Published: 30th March 2014 09:37 AM

Last Updated: 30th March 2014 09:37 AM

Supreme Court Judge Justice Kurian Joseph has said that the courts in the country cannot deny people seeking justice. He was delivering the Advocate G Janardana Kurup memorial lecture on the topic ‘Judicial Legislation and its Limitations’ at the High Court Auditorium here on Saturday.

The programme was organised by the Academy of Advanced Legal Studies and Training (AALT). Justice Kurian added that the courts hold the strength to deliver justice to the common man.

“The law and order situation provides a framework to implement the laws. There may be contradictions between the aspects of laws and the problems faced by the common man. The primary responsibility of the judiciary is to eliminate these contradictions. The duty of a judge is to join hands with humanity,” he said.

Justice Kurian Joseph added that if a judge does not understand the issues of the common man, he cannot keep the dignity of the judiciary. “The job of an advocate provides an opportunity to work for the society. Advocate Janardana Kurup was a great example in this regard,” he pointed out.

Senior Advocate C P Sudhakaraprasad presided over the function. High Court Justice K M Joseph was the guest of honour. AALT director Advocate P V Surendranath, Bar Council chairman Advocate C Sreedharan Nair, Kerala High Court Advocates’ Association president Advocate Shaji P Chali and Advocate John K George also spoke.

(4) Life After 60 

 

Mr U.C. Desai (M) 09374556625 Ahmedabad has sent the following useful  item:-

Life After 60

An interesting article from The Hindu.

Life can begin at 60, it is all in your hands! Many people feel unhappy, health-wise and security-wise, after 60 years of age, owing to the diminishing importance given to them and their opinions. But, it need not be so, if only we understand the basic principles of life and follow them scrupulously. Here are ten mantras to age gracefully and make life after retirement pleasant.

1. Never say 'I am aged':

There are three ages, chronological, biological, and psychological. The first is calculated based on our date of birth; the second is determined by the health conditions; the third is how old we feel we are. While we don't have control over the first, we can take care of our health with good diet, exercise and a cheerful attitude. A positive attitude and optimistic thinking can reverse the third age.

2. Health is wealth:

If you really love your kith and kin, taking care of your health should be your priority. Thus, you will not be a burden to them. Have an annual health check-up and take the prescribed medicines regularly. Do take health insurance coverage.

3. Money is important:

Money is essential for meeting the basic necessities of life, keeping good health and earning family respect and security. Don't spend beyond your means even for your children. You have lived for them all through and it is time you enjoyed a harmonious life with your spouse. If your children are grateful and they take care of you, you are blessed. But, never take it for granted.

4. Relaxation and recreation:

The most relaxing and recreating forces are a healthy religious attitude, good sleep, music and laughter. Have faith in God, learn to sleep well, love good music and see the funny side of life.

5. Time is precious:

It is almost like holding a horses' reins. When they are in your hands, you can control them. Imagine that everyday you are born again. Yesterday is a cancelled cheque. Tomorrow is a promissory note. Today is ready cash - use it profitably. Live this moment; live it fully, now, in the present time.

6. Change is the only permanent thing: 

We should accept change - it is inevitable. The only way to make sense out of change is to join in the dance. Change has brought about many pleasant things. We should be happy that our children are blessed.

7. Enlightened selfishness:

All of us are basically selfish. Whatever we do, we expect something in return. We should definitely be grateful to those who stood by us. But, our focus should be on the internal satisfaction and the happiness we derive by doing good for others, without expecting anything in return. Perform a random act of kindness daily.

8. Forget and forgive:

Don't be bothered too much about others' mistakes. We are not spiritual enough to show our other cheek when we are slapped in one. But for the sake of our own health and happiness, let us forgive and forget them. Otherwise, we will be only increasing our blood pressure.

9. Everything has a purpose:

Take life as it comes. Accept yourself as you are and also accept others for what they are. Everybody is unique and is right in his own way.

10. Overcome the fear of death:

We all know that one day we have to leave this world. Still we are afraid of death. We think that our spouse and children will be unable to withstand our loss. But the truth is no one is going to die for you; they may be depressed for some time. Time heals everything and they will go on.

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DRT Solutions Weekly Mail – 308th Issue dated 4th April ’14

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

 

(1) Landmark Judgment – Errant Bank Loses Case in all higher Courts i.e. DRAT, High Court and the Supreme Court – Possession given back after DRAT Order - Borrower also entitled for Compensation u/s 19 of Securitization Act

 

We are thankful to Mr Armstrong Rajkumar (email id – iamarmstrong@hotmail.com) for giving complete feedback along with copies of the relevant judgments in this epoch making Bank Litigation under Securitization Act. This will promote and inculcate confidence in borrowers that if cases are fought relentlessly, they can win the battle in all higher courts i.e. DRAT, High Court and the Supreme Court.

The extracts from various orders of the said litigation are as under:-

(a)   M/s Hubert Furnishers, Chennai filed SA No 135/2006 in DRT-1, Chennai challenging the section 13(4) notice issued by the Punjab and Sind Bank claiming a sum of Rs 78.96 lacs on the ground that the action of the bank u/s 13(4) of the Act is void ab initio and it has been initiated by a person who is not authorized officer under the Act and also failed to comply with the provisions of the said Act. The DRT, Chennai dismissed the said SA. The borrower filed appeal before DRAT Chennai.

(b)   The DRAT Chennai observed that apart from the above all the proceedings under Section 13(4) of the Act have not been carried out in adherence to the provisions of the Act and the Rules made thereunder and added to this the secured asset still continues to be in possession of the bank and it can be easily said that by the act of taking possession of the secured asset and the bank being in continued physical possession of the secured asset for the last over 6 years it has effectively prevented the appellants’ Managing Partner to conduct the business and eke out his livelihood inspite of having paid sums of money more than that was required to be paid as per the RBI circular. It is seen that the bank was duty bound to inform the appellant about the appellant’s eligibility to be considered for the OTS Scheme and that the bank failed in its duty to inform the appellant. It can be seen that the bank has chosen to ignore the RBI guidelines which it was bound to follow and it has also preferred to remain silent about the RBI guidelines in its letter. 

(c)   DRAT further found that the respondent bank had not abided by the RBI circular and has also not informed the appellant about the OTS but has chosen to proceed under the provisions of the SARFAESI Act and thus has caused great prejudice to the appellant.  It can be seen that the respondent bank also failed to obey the dictum of the Hon’ble Supreme Court of India. The Respondent bank has neither chosen to obey the dictum of the Hon’ble Supreme Court of India nor has chosen to adhere to the circular / guidelines issued by the RBI and by its act has caused great prejudice to the appellant and has made the appellant to run from pillar to post for the last several years. 

(d)   DRAT further mentioned that it is seen Shri H.S. Brar, Chief Manager and Authorized Officer of the respondent bank issued a letter dated 27.1.2005 to Shri M.R. Gopinath, Officer, Punjab and Sind Bank stating that he is the Authorized Officer of the account for taking action under SARFAESI Act, 2002 and that he is authorizing the said Shri M.R. Gopinath to appear on behalf him before the Chief Metropolitan Magistrate Court, Egmore, Chennai in the proceedings initiated by the bank under Section 14 of the SARFAESI Act.  A perusal of C.M.P. No. 1459/2005 filed under Section 14 of the SARFAESI Act before the Chief Metropolitan Magistrate, Egmore, Chennai depicts that Shri M.R. Gopinath as the Authorized Officer in this case. Thereafter an Advocate Commissioner was appointed by the Chief Metropolitan Magistrate, Egmore, Chennai by order dated 30.5.2005 and the Advocate Commissioner proceeded to take possession of the shop at 185, Royapettah High Road, Chennai.  The proceedings of the Advocate Commissioner reveals that no notice of taking of possession has been served on the appellant and a copy of the inventory was also not served to the appellant.  It is seen that the Advocate Commissioner after taking possession has given the keys of the property to Shri M.R. Gopinath and who in turn gave the keys to one Shri Thiyagarajan who is stated to be a security agent.  A communication dated 11.6.2005written by the said Shri M.R. Gopinath to the Chief Manager, Punjab & Sind Bank, 161, Mount Road reveals that he was acting under the instructions of the Chief Manager and he has described himself as the “Authorized Officer of the case”.  The publications that are required to be effected for the taking of possession have been done nearly after a year after the date of taking of possession. Further the notice under Rule 8(6) of Security Interest (Enforcement) Rules, 2002 for the sale of the property reflects no date. 

(e)   It is also seen that the appellant had approached the Criminal Court by filing Cr. M.P. No. 878/2005 in CC No. 17359/2005 on the file of XIII Metropolitan Magistrate, Egmore, Chennai and had filed a private complaint against the said Shri M.R. Gopinath and Shri H.S. Brar and that the criminal court had dismissed the application by its order dated 23.8.2005 and that the appellant aggrieved by the said order filed Crl. R.C. No.1503/2005 before the Hon’ble High Court of Madras. The Hon’ble High Court of Madras by its order dated 3.2.2011 set aside the order of the Magistrate and directed a trial against Shri M.R. Gopinath for the offences stated in the private complaint in C.C. No. 17359/2005.

(f)    DRAT further ruled that Shri M.R. Gopinath cannot be the Authorized Officer in this case and whatever actions that had been taken by him as the Authorized Officer in this case are liable to be set aside as all his actions under the SARFAESI Act as the Authorized Officer are in violation of the SARFAESI Act and the Rules made thereunder.  Therefore the act of Shri M.R. Gopinath in taking physical possession, the act of Shri M.R. Gopinath receiving the possession of the property from the Advocate Commissioner as the Authorized Officer, the act of Shri M.R. Gopinath in handing over the physical possession of the property to a third party agent and the act of Shri M.R. Gopinath addressing himself as the Authorized Officer in this case are all acts done by the said Shri M.R. Gopinath, Officer of the Punjab & Sind Bank and the said acts can only be termed as illegal as he had no authority therefor. Further it is seen that the copy of the possession notice was not served on the appellant and it is also seen that the publications were not effected as it is required to be effected and therefore the taking of possession of the secured asset is liable to be set aside.

(g)   DRAT further stated that the notice issued under Rule 8(6) of the Security Interest (Enforcement) Rules, 2002 for the sale of the property is also not in consonance with the Act and the Rules framed thereunder.  Therefore in this case it can be seen that the secured creditor being Punjab & Sind Bank has permitted a person who is not Authorized under the Act to be an Authorized Officer and the said unauthorized person has usurped the powers of the Authorized Officer and has committed illegalities in the enforcement of the rights of the secured creditor and that the said officer has also acted in contravention to the provisions of the Security Interest (Enforcement) Rules, 2002 and therefore the entire exercise of the secured creditor right from taking physical possession of the shop on 11.6.2005 and thereafter can only be said to be a series of contraventions of the provisions of the Act and the Rules made thereunder.  Therefore it has to be concluded that the proceedings taken up by the secured creditor firstly through Shri H.S. Brar and secondly through Shri M.R. Gopinath are in contravention of the SARFAESI Act and the Rules made thereunder.

(h)   DRAT finally concluded that the SA filed by the appellant before the Tribunal below was entitled to be allowed by the Tribunal below and that the tribunal below had erroneously dismissed the SA.  Therefore the order of the Ld. Presiding Officer, DRT-I Chennai dated 20.8.2010 in SA No. 135/2006 is hereby set aside.

(i)    Subsequent to the said order of the DRAT, the bank handed over the possession back to the borrower.

(j)    As usual, the bank appealed to Madras High Court. The said High Court in its order dated 12.03.13 decided against the bank and ruled that as per Section 19 of the Act when there is deviation and the possession has been handed over, the borrower is entitled for compensation. Hence the matter is remitted back to Tribunal to determine the quantum of the compensation.

(k)   The bank filed SLP before the Supreme Court of India. On 28.03.14, the Supreme Court dismissed the said SLP on the ground of delay as well as on merits.  


 

Our Comments


 

Since 2001, we have been advising all our clients that one has to be prepared to fight in all courts right from DRT to the Supreme Court. During this period, one should have resources not only for survival but for the legal expenses also. In this context, the counter-claim becomes highly essential so that at appropriate time, adequate compensation is determined. With passage of time, more such judgments are expected.

(2) Supreme Court directs Samsung Chairman to appear before Trial Court

 

Mr Himanshu Mehta, one of our clients from Mumbai has informed the following news item which is self explanatory. It is relevant to note that we have all along been emphasizing that the Chairmen of the Bank and all higher officials be impleaded in bank litigations on account of wrong doings committed by the bank.

Supreme Court has directed Samsung Chairman Lee Kun-hee to appear before a Ghaziabad court

PTI  New Delhi, April 2, 2014 | UPDATED 13:11 IST 

In fresh trouble for Samsung Electronics Chairman Lee Kun-hee, who is facing an arrest warrant, the Supreme Court has directed him to appear before a Ghaziabad court in a 1.4 million dollar cheating case filed against him.

A bench of justices CK Prasad and PC Ghose, however, directed that the arrest warrant issued against 72-year-old Lee for his non-appearance in the case before the trial court will not be executed for a period of six weeks.

"However, the warrant of arrest issued against the petitioner (Lee) shall not be executed for a period of six weeks from March 31. In the meanwhile, the petitioner shall appear before the trial court in seisin(hearing) of the case and seek bail and/or exemption from appearance in accordance with law," the bench said.

The court, however, made it clear that it was not expressing any opinion on the merit of the case pending before the trial court.

The bench passed the order on Monday on an appeal filed by Lee challenging the Allahabad High Court's order dismissing his plea for setting aside arrest warrant issued against him.

A complaint was filed by an Indian company, JCE Consultancy, against Lee in the Ghaziabad court for allegedly cheating it of 1.4 million dollar.

Lee had then approached the high court and the Supreme Court for quashing of FIR against him but his plea was rejected by both the courts earlier.

The trial court, thereafter, issued an arrest warrant against him for not appearing before it in the case.

(3) “How to Live & Die” – by Khushwant Singh

 

Mr Firoz Poonawalla has sent the following item which is self explanatory.

“How to Live and Die by Khushwant Singh”

I’ve often thought about what it is that makes people happy—what one has to do in order to achieve happiness.

1- First and foremost is good health. If you do not enjoy good health, you can never be happy. Any ailment, however trivial, will deduct something from your happiness.

2- Second, a healthy bank balance. It need not run into crores, but it should be enough to provide for comforts, and there should be something to spare for recreation—eating out, going to the movies, travel and holidays in the hills or by the sea. Shortage of money can be demoralising. Living on credit or borrowing is demeaning and lowers one in one’s own eyes.

3- Third, your own home. Rented places can never give you the comfort or security of a home that is yours for keeps. If it has garden space, all the better. Plant your own trees and flowers, see them grow and blossom, and cultivate a sense of kinship with them.

4- Fourth, an understanding companion, be it your spouse or a friend. If you have too many misunderstandings, it robs you of your peace of mind. It is better to be divorced than to be quarrelling all the time.

5- Fifth, stop envying those who have done better than you in life—risen higher, made more money, or earned more fame. Envy can be corroding; avoid comparing yourself with others.

6- Sixth, do not allow people to descend on you for gup-shup. By the time you get rid of them, you will feel exhausted and poisoned by their gossip-mongering.

7- Seventh, cultivate a hobby or two that will fulfill you—gardening, reading, writing, painting, playing or listening to music. Going to clubs or parties to get free drinks, or to meet celebrities, is a criminal waste of time. It’s important to concentrate on something that keeps you occupied meaningfully.

8- Eighth, every morning and evening devote 15 minutes to introspection. In the mornings, 10 minutes should be spent in keeping the mind absolutely still, and five listing the things you have to do that day. In the evenings, five minutes should be set aside to keep the mind still and 10 to go over the tasks you had intended to do.

9- Ninth, don’t lose your temper. Try not to be short-tempered, or vengeful. Even when a friend has been rude, just move on.

10- Above all, when the time comes to go, one should go like a person without any regret or grievance against anyone.

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DRT Solutions Weekly Mail – 307th Issue dated 28th March ’14

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

 

(1) Registrar DRT returning SA with Oral Orders:-

 

We have received complaints of several borrowers that the Offices of Registrar DRTs are returning the SAs with oral orders or comments to resubmit the same after removing the defects so pointed out. Our comments are as under:-

(a)   The Borrowers should study the Rules and Regulations of concerned DRT and examine the objections raised by the said office of Registrar. If it is a valid objection in terms of the said Regulation, it should be rectified.

(b)   In case the objection is not valid, the office should be asked to communicate the same in writing.

(c)   The said written orders of the office of the Registrar are appealable before the PO DRT. 

(d)   The Borrower should obtain the certified copies of the proceedings and take timely actions so that appropriate actions are within limitation and available remedies are not lost.

(2) Chief Justice, Supreme Court of India admits to Registry’s Error

 

The following news item is self explanatory:-

CJI Admits to Supreme Court Registry's Error

By Express News Service - NEW DELHI

Published: 25th March 2014 08:12 AM

Last Updated: 25th March 2014 08:12 AM

http://www.newindianexpress.com/nation/CJI-Admits-to-Supreme-Court-Registrys-Error/2014/03/25/article2129106.ece

Chief Justice P Sathasivam on Monday admitted a mistake on the part of the Supreme Court registry for posting a particular case before a Bench after senior advocate Dushyant Dave mentioned the matter alleging that people are resorting to forum hunting in the top court.

Dave had alleged that it is the most shocking development in the history of the apex court as a particular court is being preferred by the Mumbai builders to adjudicate their cases.

“It is the most shocking incident and it sends an extremely wrong signal from the Supreme Court,” he said mentioning the facts of the case and urging the Chief Justice of India  to withdraw the case from the Court No 10 where the matter is listed for hearing.

“A strong message needs to be sent that forum shopping won’t be allowed in this court,” he said.

The Chief Justice of India then assured Dave that he will look into the case and pass appropriate orders after talking to the registrar general.

Later, speaking to reporters after a public function, Sathasivam said that the “mistake has been rectified” and case has been listed before an appropriate Bench.

“I verified those case papers. In our system, the computer allots these cases. For example if it pertains to criminal matters, it will go to particular judges. And this case by mistake has gone to that court and it was brought to notice by senior advocate Dushyant Dave.

(3) Modern Management & Technology

 

The application of Modern Management and Technology has made our life quite free of location and time as illustrated by our own following experience:-

(a)   We (myself and wife) left Indore on 2nd March ’14 and planned to be out of station upto 28th March ’14.

(b)   During this period weekly mails were issued on 7th, 14th, 21st and 28th without any delay or any inkling that the said weekly Mails were issued from outside.

(c)   Four clients viz from Chandigarh, Jalandhar, Bangalore and Ludhiana called on me respectively on 5th, 8th, 10thand 22nd March ’14. Assignments from two were also commenced by our associates in Indore and Dewas.

(d)   On 15th and 16th March, we visited IASS Meerut (International Association for Scientific Spiritualism)

(e)   During this period, our web site was updated daily and all e-mails were regularly attended.

(f)  The above was possible due to appropriate application of modern management and technology.

(4) Valuable and Wonderful Books written by Dr. S.S.L. Srivastava

 

Dr S.S.L. Srivastava (M- 09837059034, LL- 0121-2760123, 2766766; Res – E-19, Shastri Nagar, Meerut-250004) Ex-Principal Sub.07.harti Medical College, Meerut was born on 17.07.1940 in an ordinary family of a small village Sunder Nagar, near Shahjahanpur in U.P. His early education was in village Ghugli near Gorakhpur and afterwards in Shahjahanpur. He did his M.B.B.S. from G.S.V.M. Medical College, Kanpur, setting a new record in his college and getting first position in Lucknow University with 12 Gold Medals, Nine Certificate of Honours, several distinctions and dozen book prizes. After passing M.D. (Medicine) with first position, he has distinguished teaching record of 40 years. He taught in the field of Medical Science in BHU Varanasi, Aligarh Muslim University and Medical College, Kanpur. He has worked as Reader in Medicine for 13 years, Professor of Medicine for 10 years and Professor and Head in Medical College Meerut for over 3 years and Principal of Subharti Medical College for 4 years.

For last 9 years, he has been working as Director, Holistic Health Research Centre of International Association for Scientific Spiritualism, Meerut.

Dr. Srivastava was awarded ‘Hari Om Ashram Alembic Research Award’ of Medical Council of India by President of India in 1988. He is author of more than 55 books (title of some of which are given below).

He has presented and published more than 150 papers and is member, fellow and office bearer of about two dozen organizations.

Under his guidance, three degrees of MDs were awarded in 1995 to 1998 to investigate the effect of fasting on human body. Such organized research has perhaps been carried out for the first time in the world. He is of the view that world in general and medical world in particular would recognize fasting as a method of cure of human body. Prevailing theories may be shattered but mankind would enjoy better health and happiness.

He has keen interest in social work and is providing daily one hour free medical service to poor patients for last 46 years.

Books of Dr Srivastava, purchased by us during our stay at Meerut

(1)   Health and Happiness.

(2)   Protect The Heart.

(3)   Know The Diabetes.

(4)   Fasting & Health.

(5)   Hinduism.

(6)   Secret of Academic Excellence.

(7)   Health Promotion & Disease Prevention.

(8)   Dilemma of Medical Science.

(9)   Improve Your Immunity Level and Lipid Profile.

(10) Swasthya Evam Sukh (in Hindi)

(11) Upvas Aur Swasthya (in Hindi)

(12) Jeevan Yatra (in Hindi)

Books ordered by us through mail after return from Meerut

Books in English

(1)   Obesity The Problem of 21st Century

(2)   How to Get Peace of Mind.

(3)   Life is to enjoy.

(4)   Happy Married Life.

(5)   Journey of Life.

(6)   Emotive Awakening (Poems).

(7)   Endangered Human Race.

(8)   God is not Kind.

(9)   Strength of Fair Sex.

(10) Myths of Medical Science.

Plus the latest title (not given in the list taken from the book ‘Hinduism’)

 

Books in Hindi

 

(1)   Sukh Ki Oor.

(2)   Adarsh Dampatya Jivan.

(3)   Anand Ki Dagar

(4)   Manav Samaj Ka Dhundhla Bhavishya.

(5)   Iswar Dayalu Nahi Hai

(6)   Nari Chetna.

(7)   Mansik Shanti.

(8)   Avyakhyey Udgar (Kavita)

(9)   Yatharth Anubhuti Evam Prakalpna (Kavita).

(10) Sthulta (Obesity) – Nidan evam Upchar

(11) Motapa, Sthulta evam Adhik Bhaar.

(12) Hindu Dharm

Plus the latest title (not given in the list taken from the book ‘Hinduism’)

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DRT Solutions Weekly Mail – 306th Issue dated 21st March ’14

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

 

(1) Pathetic Tale of a Guarantor

 

Son of a Guarantor rang us and discussed the whole matter on phone. It was a pathetic tale as under:-

(a)   Ten years back, Mr X took a loan of Rs 25 lacs for the business of building construction. His friend stood as a Guarantor by mortgaging his only house worth Rs 40 lacs.

(b)   For nearly 5 years the business was going on smoothly. On account of recession, the business suffered. The borrower sold the buildings secretly and in collusion with the bank officials thrusted the enforcement of securities belonging to the guarantor.

(c)   The guarantor filed the SA and when attended the DRT, he found that the performance of the advocate was not satisfactory. He changed 10 advocates. During the course of DRT proceedings, the bank organized auctioning the property. The Guarantor filed a stay application in DRT which was allowed. The bank appealed to DRAT.

(d)   The continuous fight for last 4 years has exhausted the 75 years old guarantor. At this stage, his son visited our web site and discussed the whole matter with us.

(e)   We advised him the following:-

(i)            The bank will fight even upto Supreme Court.

(ii)           The battle will take several years even may take decades.

(iii)         The SA needs to be amended to include counter-claim.

(iv)          The collusion between the borrower and bank officials also needs to be pleaded by amending the SA.

(v)           Right to life with reference to the single dwelling also needs to be pleaded.

(2) Unsettling Indian Justice System

 

The following news item is self explanatory:-

The Unsettling Indian Justice System

By Aakar Patel

Published: March 15, 2014

http://tribune.com.pk/story/683237/the-unsettling-indian-justice-system/

Twenty years ago, my beat as a reporter was sessions court in Bombay. I was often struck by what I thought (perhaps, wrongly) were incorrect and poorly argued judgments. That this does not seem to bother too many people in India probably means that I am, as I said, wrong. But I wanted to put a few recent cases forward to show what I find unsettling.

Last week, the Delhi High Court upheld the death sentence of four men who raped and murdered a girl in an infamous incident. The court said that if the convicts were not hung, the “rage of society would not be satisfied and our justicing (sic) system would be rendered suspect”. Furthermore, that “any leniency shown in the matter … would give rise to a feeling of private revenge among people, leading to lawlessness in society”.

I was alarmed by these words. The writer, Antara Dev Sen, wrote that given the existence of the death penalty and the viciousness of the crime, “the Delhi High Court had no choice”. She then adds: “But did it need to specify that it was doing so because it feared public rage? Did it need to explain that it was persuaded, not only by the demands of justice, but by the demands of a possible mob? … Allowing mob sentiment — however justified — to influence legal procedure sets a dangerous precedent.”

Last year, Arundhati Roy pointed out that the Supreme Court judgment on Afzal Guru, hanged for his role in the attack on India’s parliament, said something similar. The Court accepted that the evidence was circumstantial: “As is the case with most conspiracies, there is and could be no direct evidence amounting to criminal conspiracy.” But then it went on to say: “The incident, which resulted in heavy casualties, had shaken the entire nation and the collective conscience of society will only be satisfied if capital punishment is awarded to the offender.”

Like Roy, I found this line of reasoning frightening. Also, last year, in another case, the Supreme Court had defined which cases were the “rarest of rare”. It said: “Certain murders shock the collective conscience of the court and community … we are of the view that such crimes, which shock the collective conscience of society by creating extreme revulsion in the minds of the people, are to be treated as the rarest of rare category.”

I do not understand what collective conscience is and how it is to be measured for extreme or moderate revulsion.

Then, last week, we had the unusual report of the head of Sahara India, who is in jail on contempt of court charges arising from unpaid money to investors. Unusual, because his lawyer, Ram Jethmalani, said he was, according to a report, “embarrassed to point out the mistakes committed by the bench in passing the March 4 detention order and wondered whether the petition could be placed before a larger bench”.

The bench opened the next hearing with the remark: “We have gone through the writ petition. Nothing in the petition embarrasses us. You can argue the petition, including its maintainability.”

To this Jethmalani is reported to have said: “My client is not sure what his offence exactly is. He believes it is contempt of court. Even if I presume that is the offence for which he is jailed, it is a bailable offence as the maximum punishment is six months imprisonment.” The court had wanted to be shown how the money is to be returned, rejecting one proposal and then asking the Sahara group to come out with an “honourable proposal” (according to The Times of India) for depositing Rs20,000 crore of investors’ money. What is the meaning of honourable here? I do not know, but we shall know soon enough if Jethmalani is right and there is something embarrassing about the matter.

A couple of years ago, I had a chat with a Supreme Court justice (who was then chief justice of the Karnataka High Court) at a dinner. I suggested to him that judgments in India were often poor because most of the lower judiciary didn’t know Latin and didn’t understand the fundamentals of jurisprudence. He thought about it and said, “No, all that most judges need to do is listen to the testimony and decide who’s right.”

Perhaps, he is right, and I have no idea if he is. But all the same, it is, as I said, most unsettling.

Published in The Express Tribune, March 16th, 2014.

 

(3) Dementia – Tips to Delay or Avoid

 

Mr U.C. Desai from Ahemdabad (M - 09374556625) has sent the following useful information:-

DEMENTIA - TIPS TO DELAY OR AVOID


Most of us start worrying about dementia after retirement - and that may be too little, too late. Experts say that if you really want to ward off dementia, you need to start taking care of your brain in your 30s and 40s - or even earlier.


"More and more research is suggesting that lifestyle is very important to your brain's health," says Dr. Paul Nussbaum, a neuro-psychologist and an Adjunct Associate Professor at the University of Pittsburgh School of Medicine. "If you want to live a long, healthy life, then many of us need to start as early as we can." 

So what can you do to beef up your brain - and possibly ward off dementia? Nussbaum, who recently gave a speech on the topic for the Winter Park (Fla.) Health Foundation, offers 20 tips that may help.


1.
Join clubs or organizations that need volunteers. If you start volunteering now, you won't feel lost and unneeded after you retire.

2.
Develop a hobby or two. Hobbies help you develop a robust brain because you're trying something new and complex.

3.
Practice writing with your non-dominant hand several minutes everyday. This will exercise the opposite side of your brain and fire up those neurons.

4.
Take dance lessons. In a study of nearly 500 people, dancing was the only regular physical activity associated with a significant decrease in the incidence of dementia, including Alzheimer's disease. The people who danced three or four times a week showed 76 percent less incidence of dementia than those who danced only once a week or not at all.

5.
Need a hobby? Start gardening. Researchers in New Zealand found that, of 1,000 people, those who gardened regularly were less likely to suffer from dementia! Not only does gardening reduce stress, but gardeners use their brains to plan gardens; they use visual and spatial reasoning to lay out a garden.

6.
Buy a pedometer and walk 10,000 steps a day. Walking daily can reduce the risk of dementia because cardiovascular health is important to maintain blood flow to the brain.

7.
Read and write daily. Reading stimulates a wide variety of brain areas that process and store information. Likewise, writing (not copying) stimulates many areas of the brain as well.
8.
Start knitting. Using both hands works both sides of your brain. And it's a stress reducer.

9.
Learn a new language. Whether it's a foreign language or sign language, you are working your brain by making it go back and forth between one language and the other. A researcher in England found that being bilingual seemed to delay symptoms of Alzheimer's disease for four years. And some research suggests that the earlier a child learns sign language, the higher his IQ - and people with high IQs are less likely to have dementia. So start them early.

10.
Play board games such as Scrabble and Monopoly. Not only are you taxing your brain, you're socializing too. Playing solo games, such as solitaire or online computer brain games can be helpful, but Nussbaum prefers games that encourage you to socialize too.

11.
Take classes throughout your lifetime. Learning produces structural and chemical changes in the brain, and education appears to help people live longer. Brain researchers have found that people with advanced degrees live longer - and if they do have Alzheimer's, it often becomes apparent only in the very later stages of the disease.

12.
Listen to classical music. A growing volume of research suggests that music may hard wire the brain, building links between the two hemispheres. Any kind of music may work, but there's some research that shows positive effects for classical music, though researchers don't understand why.

13.
Learn a musical instrument. It may be harder than it was when you were a kid, but you'll be developing a dormant part of your brain.

14.
Travel. When you travel (whether it's to a distant vacation spot or on a different route across town), you're forcing your brain to navigate a new and complex environment. A study of London taxi drivers found experienced drivers had larger brains because they have to store lots of information about locations and how to navigate there.

15.
Pray. Daily prayer appears to help your immune system. And people who attend a formal worship service regularly live longer and report happier, healthier lives.

16.
Learn to meditate. It's important for your brain that you learn to shut out the stresses of everyday life.

17.
Get enough sleep. Studies have shown a link between interrupted sleep and dementia.


18.
Eat more foods containing Omega-3 fatty acids: Salmon, sardines, tuna, ocean trout, mackerel or herring, plus walnuts (which are higher in omega 3s than salmon) and flaxseed. Flaxseed oil, cod liver oil and walnut oil are good sources too.

19.
Eat more fruits and vegetables. Antioxidants in fruits and vegetables mop up some of the damage caused by free radicals, one of the leading killers of brain cells.

20.
Eat at least one meal a day with family and friends. You'll slow down, socialize, and research shows you'll eat healthier food than if you ate alone or on the go.

 FROM 

U.C.DESAI   (M) 09374556625 AHMEDABAD

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

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DRT Solutions Weekly Mail – 305th Issue dated 14th March ’14

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

 

(1) Praiseworthy Efforts of a Borrower

 

Recently we came across a Borrower who took lot of interest in making prior preparations for the ensuing DRT litigations. He went through our web site and all the weekly mails. He took our DVDs and viewed the same. He contacted us for several clarifications. He had discussions with the senior and top bank officials. All such discussions were video recorded through a spy camera. After all these preparations, recently he has received the notice u/s 13(2). The CDs of the important video clips will be enclosed with the forthcoming Objections and Representation with copies to the concerned senior officials of the bank. This is going to be an exemplary DRT litigation.

 

(2) When Justice is Tempered with Mercy

 

Mr U.C. Desai 09374556625 from Ahemdabad has sent the following interesting piece:-

Wheen justice is tempered with mercy...


A judge was sitting in judgment of an old lady who pleaded guilty of stealing some tapioca from a plantation.
In her defence, the old lady admitted to the Judge that she was indeed guilty of the crime because she was poor and her son was sick while her grandchild

was hungry.


The plantation manager insisted that she be punished as a deterrent to others.

The judge going through the documents then looked up and said to the old lady, “I’m sorry but I cannot make any exception to the Law and you must be punished accordingly”.

The old lady was fined Rp.1 million (USD 100) and if she could not pay the fine then she will be jailed for 2 1/2 years as demanded by the Law. She wept as she could not pay the fine. The Judge then took off his hat and put in p.100,000 into the hat and said, “In the name of justice, I fine all present in the Court @

Rp.50,000 (USD 5.50) each as dwellers of this

City for letting a child starve until her grandmother

is compelled to steal to feed her grandchild. The

Registrar will now collect the fines from all present.”
The Court managed to collect Rp 3.5 million (USD 350) including the fine collected from the

plantation manager, whereby the fine was paid off  and the rest was given to the old lady.

(3) Five Secrets of Optimal Health

 

The following piece from speakingtree.com is quite useful:--

Five Secrets of Optimal Health

By: Gaurav Singhal on Mar 11, 2014

http://www.speakingtree.in/spiritual-blogs/seekers/wellness/five-secrets-for-optimal-health/?utm_source=topic_newsletter&utm_medium=subscription&utm_campaign=topicnewsletter&suid=MTgxMTMz

Here are five practical ways to achieve optimal Health that your doctor won't share with you. These helpful practices will help you to utilize the connection between your mind and body. 
 

Modern medicine has seen a lot of changes in recent years, but still the dominant focus deals exclusively with specific physical ailments once they've already happened, rather than the prevention of them. Learning to access and to utilize the intensely symbiotic relationship that exists between the mind and the body can help you to maintain a healthy life. Here are five practical ways to achieve optimal health that your doctor isn't likely to share with you.

1.     Change Your Thoughts. The role of the placebo effect has largely gone unnoticed, misunderstood and even trivialized, which is unfortunate. The mind's effect on the body (which we call the placebo effect) could be the single most important part of the healing process. Many people believe they do not have control over their own thoughts. This is not true. Changing thoughts, like anything else, simply involves practice. The things that tend to get our attention are things we do not like about our lives, or the negative thoughts, while the things that are positive about our lives go unnoticed. Change your thinking to one of optimism and gratitude. Consciously looking for things to enjoy, appreciate and be thankful for is enough to dramatically change the energy that you are projecting into your world, as well as into your body. Learn to recognize your negative thoughts and beliefs, and then replace them with thoughts that feel good to think. Soon, you will find you have let go of the thoughts that are standing in the way of your physical and mental health.

2.     Stop Paying Attention to the News. This may seem like an extreme measure at first, but bear with me. We often get so familiar with our normal routine that we do not realize we are filling ourselves full of information that is not in line with good health. Many people get out of bed and immediately begin the day by reading the news paper or tuning into the news on television. This ensures that you will start the day off on a negative foot. News, like any other business, must find a way to sell. Shock value sells. Negativity sells. It evokes a strong reaction from the reader or watcher that ensures it will get the attention needed to stay in business. The news paints an inaccurate view of our world. We often think that it is important to pay attention to "reality" and what is going on in the world, but the extreme and negative things that are going on are not all that exists in our world. Furthermore, even more so than the amount of negative things, there are positive things going on every day. These are the things that don't make for good headlines. When we hear or see something negative, but can't do anything about it, it fills us with the feeling of powerlessness and fear. It helps form an inaccurate belief that the world we live in is one which we should be afraid of. We also form the belief that we can be a victim at any moment. This way of seeing the world is incredibly detrimental to all aspects of mental and physical health.

3.     Eat for Health. You are what you eat. When you are in a positive mind set, you will find that you gravitate towards foods which are a match to your overall health. When you are in a negative mind set, you will gravitate towards foods which are not a match to your overall health. It remains true that physically taking steps toward health is no match for taking mental steps toward health. However, when you are nourishing your body with healthy things, it can definitely help you to achieve mental health as well. Realize that feeding your body in a healthy way is one way of showing Love to yourself. Try to have fun expanding your palette. No matter what you've heard, healthy food does not have to taste bad. It can even taste better than unhealthy food. Deliberately look for restaurants with healthy options on their menus. Eat whole foods, fresh vegetables and fresh fruits. Eat less processed foods, and get help to slowly overcome your attachments to sugar, alcohol, caffeine and other "junk" foods. This should not be a stressful transition to make. The stress involved in dieting often only worsens the problem instead of solving it. So, set attainable goals and make the transition from unhealthy foods to healthy foods a gradual one. In no time, you will notice a difference in your energy level and your overall health.

4.     Find an Exercise You Love to Do. It is no secret that regular exercise plays a large role in health. You are living life in this physical body, so...use it! You do not have to be athletic to exercise and it does not have to be a source of stress for you. In fact, exercise for the sake of exercise when you don't enjoy it is detrimental to health. No one likes to force themselves to exercise. The way to get around the stress involved with exercise is to make exercise simply a part of something else you love to do. If you do not yet have a particular exercise you enjoy, you can start by searching for an activity that incorporates exercise that raises your heart rate for at least 30 minutes. You may try several activities before finding the one that really fits. Any type of exercise turns from a burden into a joy when you are focusing on what you love to do. For example, people who love being in water can exercise by swimming and because they love water so much, they will look forward to the exercise they are doing. The focus involved in a game of racquet ball, for example, can make players forget the amount of exercise they are actually getting. Physical exercise can also be a great way to get out and socialize in the community. Exercising with other people makes the process of exercise not only easier but more enjoyable. A lot of people are looking for other people to exercise with. If you integrate exercise into your daily routine, it will lead to a longer, healthier and more fulfilling life.

5.     Put Out Into the World What You Want to Get Back. Simply put, you get back what you give out. We have a tendency to expect others to change the way that they are thinking and acting without realizing that the only person we can ever change is ourselves. The interesting dichotomy is that the minute you change the way you think and act, the world outside of you will also change. Begin to experiment with this by practicing random acts of kindness. Some good examples include: writing an affirming note with a message such as "you are worthy of all this life has to give" and putting it anonymously on someone's car windshield or opening someone's door for them, or saving left over food when you go out to dinner and giving it to someone who is homeless. These simple activities empower you. They help you to see that you can make a positive change in the world. You will start to feel capable and proactive. The positive way you will feel as a result of doing this will reflect out into all aspects of your body and mind. You will begin to notice very quickly that you are being treated the same way you are treating others and there is nothing quite like a supportive environment to help you achieve your optimum health.

Taking steps towards your mental and physical health, along with making your health a priority, enables you to live the fulfilling and joyful life which you deserve to live. Your life is an open canvass. Enjoy it and make a masterpiece of it. Let your physical and mental health pave the way.

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DRT Solutions Weekly Mail – 304th Issue dated 7th March ’14

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

 

(1) DRT fixes First Date of SA after 11 months

 

One of our clients filed his SA in one of the DRTs and informed us that the first date has been fixed after 11 months. We advised our client to file an application for interim stay alonwith an application for urgent hearing of the said stay application.

It is surprising that despite DRT Act mentioning that the entire trial be completed within six months, the first date is being given after 11 months and hence the trial will take several years. Thus the DRTs are on the way of becoming like civil courts.

The bank lobby has been instrumental in creating DRTs. Instead of improving the civil courts, special courts line DRTs were created. The DRT Act and NPA Act have several provisions to complete the trial well within six months. Now the DRTs are heavily overloaded and the disposal period is ranging from 2 years to 10 years. In fact proper trial of complex matters relating to banking matter requires sufficient time and six months is not a correct period.

Until and unless the complete judicial process is properly studied, the advocates and judges are properly trained and court room technology is upgraded; the disposal period will continue to be uncertain.

(2) Complaint against PO DRT  

 

There are complaint against several DRT POs. The borrowers will have to form their associations and collect cases where there are clearcut violations of law by the POs of the DRTs. Such complaint is required to be placed before the concerned High Court.

(3) Pain – How to Face It

 

The speakingtree.com has dealt with the matter of pain and the suggestions are as under:-

http://www.speakingtree.in/spiritual-blogs/seekers/self-improvement/pain1/?utm_source=topic_newsletter&utm_medium=subscription&utm_campaign=topicnewsletter&suid=MTgxMTMz

Get some sleep

"Many people with chronic pain dread going to bed as that's when the pain is worst," says Heather Wallace from Pain Concern. But it’s important to try to stick to a normal sleep routine so you've got the best chance of sleeping through the night. Also, "sleep deprivation can worsen pain", says Heather. Go to bed at the same time each evening, and get up at a regular time in the morning and avoid taking naps in the day. If sleep problems persist, see your GP.

Read 10 tips to get a good night's sleep.

Take a course

The Expert Patients Programme (EPP) is a free NHS-based training programme for people who live with long-term chronic conditions such as arthritis to develop new skills to manage their condition (and any related pain) better on a day-to-day basis. Many people who have been on an EPP course say they take fewer painkillers afterwards.

Find out more about EPP courses, including how to find the right course for you and how to book it.

Distract yourself

Shift your attention onto something else so the pain isn’t the only thing on your mind. Get stuck into an activity that you enjoy or find stimulating. Many hobbies, like photography, sewing or knitting, are possible even when your mobility is restricted.

Share your story

It can help to talk to someone else who has experienced similar pain themselves and understands what you’re going through. Pain Concern, Action on Pain, Arthritis Care and BackCare all have telephone helplines manned by people with long-term pain, who can put you in touch with local patient support groups. The healthtalkonline and youthhealthtalk websites let you watch or listen to videos of other people’s experiences of pain.

Read books and leaflets

The pain Toolkit is a free NHS-endorsed booklet packed with simple practical advice on how to live better with long-term pain. Download the booklet (PDF). 

There is also a list of suggested self-help books and leaflets on The British Pain Society's website.

Stay positive

Pain can make you tired, anxious, depressed and grumpy. This can make the pain even worse, making you fall into a downward spiral. Be more kind to yourself. Living with pain isn’t easy and you can be your own worst enemy by being stubborn, not pacing your activities every day and not accepting your limitations. Some people find it useful to seek help from a counsellor, psychologist or hypnotherapist to discover how to deal with their emotions in relation to their pain. Ask your GP for advice and a referral, or read this article on getting access to counselling.

Breathe right

Concentrating on your breathing when you’re in pain can help. When the pain is intense it’s very easy to start taking shallow, rapid breaths which can make you feel dizzy, anxious or panicked. Instead, breathe slowly and deeply. This will help you to feel more in control of the situation and will keep you relaxed and prevent any muscle tension or anxiety from worsening your pain.

Get some gentle exercise

Simple, everyday activity like walking, swimming, gardening and dancing can ease some of the paindirectly by blocking pain signals to the brain. Activity also helps to stretch stiff and tense muscles, ligaments and joints, which can lessen pain.

It’s natural to be hesitant if exercise is painful and you’re worried about doing more damage. But if you become more active gradually, it's unlikely you will cause any damage or harm. The pain you feel when you start gentle exercise is because the muscles and joints are getting fitter.

In the long term, the benefits of exercise far outweigh any increase in pain. Also, if you avoid exercise completely, the lack of activity could lead to other problems like stiff joints, weight gain, heart disease, osteoporosis, poor balance and falls.

Read our articles on getting exercise.

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DRT Solutions Weekly Mail – 303rd Issue dated 28th February ’14

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

 

(1) 108 Yrs Old Village Woman fighting Legal Battle past 80 Yrs – Sorry State of Affairs in Indian Judiciary

 

On 23.02.14, we happen to view a news item in Zee News TV Channel concerning 108 years old woman named Mangi Bai from village Jashpur MP fighting a legal battle for ownership of half an hectare of land since when she was 20 years old. Past 80 years there has been more than 8000 dates for hearing. We separately recorded this particular news item and uploaded the same on YouTube vide link www.youtube.com/watch?v=pum-3JOgmsQ  This case raises following pertinent questions:-

(a)   For a simple case relating to land, more than 80 years have passed. There is no self corrective measure in the judicial system. The officers of the court i.e. the Judges and the Advocates are not concerned about achieving the sole objective of justice.

(b)   On one hand they talk about quicker justice to senior citizens, ‘fast track courts’ and tribunals, on the other simple matters as in this case are being dragged on for more than 80 years.

(c)   It is relevant to mention that Justice Krishna Iyer has said that Indian Judiciary is 200 years behind developed countries. Justice Rao of Andhra Pradesh High Court has said that the pendency in Indian court is more than 3 crore cases and it will take 320 years to clear the pendency. There are 73 countries which have a better judicial system.

(d)   Despite above bare facts, there is no concentrated efforts for overall judicial reform except some cosmetic changes. In this context formation of DRTs instead of improving the existing courts, enacting special DRT and Securitization Act wherein it is mentioned that complete case be disposed within 6 months, despite SC verdict past 15 years, not transferring the DRTs from Ministry of Finance to Ministry of Law, appointing POs from Bank Officials, holding meetings with the POs etc are only desperate and fragmentary efforts which will lead no where. When simple land case could not be decided in 80 years, how a complex industrial case can be decided in six months.

(e)   The litigants in general and borrowers in particular should keep the above in view. They should attend all dates, sit with their advocate one week in advance to plan the next date, plead all the wrong doings of the lenders and raise counter-claims, initiate Review and Appeals against all the orders which are not legal, make audio and video record of all proceedings etc so that there is no violation of law at every moment of time then only the ultimate goal of judicial system i.e. Justice will be achieved. 

(2) Bank Chairperson resigns on Rifts on NPA Classification

 

The following news item proves as to how the Chairmen of the Banks are involved in NPA classifications and hence we have been emphasizing to implead the Chairmen and higher officials right from the inception. Further there are several RBI Guidelines which lay down specific duties of the Chairmen of the banks and therefore they are also responsible for many wrong doings committed by the bank resulting into counter-claims.

United Bank of India CMD Archana Bhargava resigns; reports of rifts on NPA classification

http://articles.economictimes.indiatimes.com/2014-02-22/news/47581694_1_united-bank-rajiv-takru-non-performing-assets

KOLKATA: State-owned United Bank of India, staggering under the weight of bad loans, hit bottom on Friday after its chairperson and managing director quit, while the government said that it was preparing a rescue plan for the lender.

Chairperson and managing director Archana Bhargava opted for voluntary retirement as the government, which has an 88 per cent stake in the troubled bank, looks at ways of resolving the crisis. Financial services secretary Rajiv Takru confirmed Bhargava's resignation and said the revival plan would be ready in the next seven to 10 days.

 

ET broke the news of the resignation on Friday morning on ET Now. Takru said Bhargava had submitted her resignation the evening before citing health reasons. Over the past week, when the bank started fire-fighting operations, Bhargava hadn't been very high profile, officials said. She didn't respond to phone calls from ET. Before she stepped down, there had been reports about rifts between Bhargava and the senior management team on the classification of NPAs. She had apparently instructed auditors to aggressively declare NPAs but several senior officials were of the view that simple restructuring could have made the numbers look better.

UBI's stock price dropped 3.5 per cent to an all-time low of Rs 23.40 on BSE, immediately after the news of Bhargava's resignation hit the market. The stock, which listed in February 2010, recovered during the day and closed 0.41 per cent higher at Rs 24.35. India's lenders, particularly the stateowned ones, are groaning under a massive bad loan burden amid a slump in growth to a 10-year low which means companies are finding it difficult to repay debt. United Bank of India is one of the worst affected with sticky loans having risen to an industry high of 10.8 per cent as a proportion of all loans and two quarterly losses in a row, forcing the bank to impose stringent restrictions on lending as ET reported on February 10. Bhargava was present at the board meeting that reviewed third-quarter financial results on February 7.

Takru told ET that the finance ministry will find a new chairman within 15 to 20 days. The ministry has asked executive directors Deepak Narang and Sanjay Arya to run United Bank until then. United Bank's non-performing assets jumped nearly three times to Rs 8,546 crore at the end of December last year from Rs 2,964 crore in March 2013, forcing the bank to report an unprecedented Rs 1,238-crore loss in the December quarter.

  The plunge in UBI's fortunes has demoralised its workforce and caused extreme concern among depositors, executives said. It should be pointed out, however, that as a state-owned bank, deposits are implicitly guaranteed by the government and that there is no risk on that front. The state of affairs at the bank has prompted inquiries into what may have gone wrong.

There have been reports about accounting glitches and the classifications of loans, although none of this has been verified. The bank has said that Finacle, the core banking software developed by Infosys, could not detect smaller NPAs and restructured accounts earlier and wrongly classified standard loans as sticky. Infosys rejected this contention.

It's also been pointed out that the software is in wide use at banks throughout the world. "We would like to clarify that there are no inherent deficiencies in Finacle,"

United Bank's Narang had said in a joint statement issued by the bank and Infosys on Thursday, after a volley of words the day before. "The version of the NPA tool currently used at UBI needed certain additional customisations to meet our specific needs, which are feasible and are being addressed now." While the government takes the developments at United Bank very seriously, Takru downplayed the bad-asset issue to an extent. "We don't think it (NPAs) is a huge problem for the bank.

There was manual disabling of the system that detects NPAs," Takru said, adding that the ministry will investigate how the lapse occurred. "For the time being, UBI should only focus on recovery." The silver lining is, perhaps, that the bank has now provided for all sticky loans and any recovery will only add to the bottom line and improve shrinking capital ratios as more money needs to be set aside for any rise in NPAs. United Bank executives have set a loan recovery target of Rs 2,000 crore by March and are expecting fourth-quarter results to look up commensurately.

(3) Eating Fried, Grilled Food linked to Alzheimer’s  

 

The following item from speakingtree.com is self explanatory:-

http://www.speakingtree.in/spiritual-blogs/seekers/self-improvement/eating-fried-grilled-meat-linked-to-alzheimer-s/?utm_source=topic_newsletter&utm_medium=subscription&utm_campaign=topicnewsletter&suid=MTgxMTMz

New study has revealed that eating a meat-rich diet, which has been fried, barbecued or grilled, can trigger Alzheimer’s disease and accelerate ageing.

Scientists have discovered that harmful ‘Ages’ compounds in the “Western diet” cause a build-up of a dangerous protein that forms toxic deposits which ravage the brain, the Daily Express reported.

Researchers found that the high levels of these compounds suppress a protective enzyme concerned in conditions related to brain, metabolic disease, ageing and diabetes.

The study has also found that fatty and sugary foods, like cheese, eggs, white bread, pasta and sugary pastries, cakes and biscuits could also play a part in Alzheimer’s by boosting Ages levels.

Dr Simon Ridley, head of research at Alzheimer’s Research UK, said that diabetes has previously been linked to an increased risk of dementia, and this new study provides fresh insight into some of the possible molecular processes that may link the two conditions.

Ridley added that eating a balanced diet can help lower the risk of Alzheimer’s and following a healthy lifestyle, which includes regular exercise, not smoking, and keeping blood pressure and weight in check can also be helpful.

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DRT Solutions Weekly Mail – 302nd Issue dated 21st February ’14

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

 

(1) Distressed Assets: RBI Framework leaves Everyone “Stressed”

 

Mr Himanshu Mehta, one of our clients from Mumbai has sent the following news item which is useful and self explanatory:-

Distressed assets: RBI framework leaves everyone ‘stressed’

 

NIDHI BOTHRA AND ABHIRUP GHOSH | 18/02/2014 03:07 PM |    

http://www.moneylife.in/article/distressed-assets-rbi-framework-leaves-everyone-stressed/36439.html

RBI’s framework for revitalising distressed assets leaves everyone in stress. Banks, NBFCs, India Inc, CAs and advocates, no one is spared
The slacking Indian economy is sitting with huge pile of bad loans (estimated to be about Rs2.9 lakh crore) in the Rs82 lakh crore banking system and surely is the cause of concern to the health of the economy. The continuing rise in number of the non-performing assets (NPAs) and restructured cases in the banking system made the Reserve Bank of India (RBI) came out with a “Framework for revitalising distressed assets in the economy” on 30 January 2014 to recognise early signs of distress, catalyse the restructuring process, quicker distress resolution planning, leveraged buyouts, take-out financing and more. The framework will be effective from 1 April 2014 and the banks and the non-bank lenders will be required to put in place the necessary infrastructure to implement the Framework. 

 

The framework requires ‘Early Recognition of Stress’ and setting up of a Central Repository of Information on Large Credits (CRILC) whereby before an account is declared as NPA, it shall pass through a ‘Special Mention Account’ (SMA). Lenders falling under the framework will have to put in place proper management information system (MIS) to ensure the SMA triggers are captured as they are breached.

 

The CRILC will collect data of the borrowers having aggregate fund and non-fund exposure of more than Rs500 crore and apart from banks, non-banking financial companies- systemically important (NBFC-SIs) and NBFC-Factors will also be required to furnish data. Apart from these, eligible lenders in India will be required to report lending under external commercial borrowing (ECB) regulations as extended by overseas branches to Indian borrowers.

 

Further, where a borrower account falls under SMA-II, banks and notified NBFCs will be required to mandatorily form a Joint Lenders’ Forum (JLF) and formulate Corrective Action Plan (CAP). Any lender reporting an account as SMA-II will trigger the formation of JLF. RBI may also in due course require banks to form the JLF and formulate CAP if the borrower account is SMA-0 for three quarters in a year or SMA-I for two quarters during a year.

Where a borrower requests for formation of JLF on account of imminent stress, the lenders will report that account as SMA-0 to CRILC. Indian Banks' Association (IBA) is required to prepare the Master JLF agreement and the operational guidelines for JLF to be adopted by all lenders.

 

The CAP by the JLF will include identifying ways of regularising the account and ensuring that it does not slip into SMA-0, which will include analysing the need for strategic investor, equity participation from outsider, need for additional finance to the borrower and personal guarantees from promoters.

 

The JLF will also be mandated to adopt the options proposed at CAP within 30 days of account being reported as SMA-II or from the receipt of request from borrower and the detailed CAP to be signed off from within the next 30 days. If either of rectification or restructuring process are ineffective, then JLF should initiate recovery process, which would be as per the corporate debt restructuring (CDR) guidelines laid down by RBI.

 

Some of the options suggested for loan restructuring is the possibility of transferring equity of promoters to lenders to compensate for their sacrifice or requiring promoters to infuse more equity or transferring the promoters’ shareholding into escrow till the turnaround happens. This would mean where the account is showing signs of NPA due to whatever reasons, there is threat to the sweat equity of the promoter being snatched from him.

 

In case, banks and notified NBFCs don’t adhere to the SMA classification norms, they will be subjected to accelerate provisioning and other supervisory action as may be deemed appropriate by RBI. Also once a lender has agreed on the CAP by the JLF but changes stance later on or delays the implementation package will also be subject to accelerated provisioning norms as mentioned below:
 

Asset Classification

Period as NPA

Current
provisioning (%)

Revised accelerated provisioning (%)

Sub-standard

(secured)

Up to 6 months

15

No change

6 months to 1 year

15

25

Sub-standard

(unsecured ab-initio)

Up to 6 months

25 (other than infrastructure loans)

25

20 (infrastructure loans)

6 months to 1 year

25 (other than infrastructure loans)

40

20 (infrastructure loans)

Doubtful I

2nd Year

25 (secured portion)

40 (secured portion)

100 (unsecured portion)

100 (unsecured portion)

Doubtful II

3rd & 4th Year

40 (secured portion)

100 (for both secured and unsecured portion)

100 (unsecured portion)

Doubtful III

5th Year onwards

100

100

 

 The RBI is to maintain list of directors on board of such companies classified as non-cooperative borrowers for dissemination to lenders and RBI shall send out necessary guidelines in this regard later. Banks will also lodge complaints with the Institute of Chartered Accountants of India (ICAI) against auditors for falsification of accounts or wrong certification. All such chartered accountants (CAs), against whom complaints are received and the disciplinary action is pending, may be flagged for information of all banks. Banks will consider sharing their names with other regulators for more information. Similar would be the fate for advocates, clearing the title of the assets wrongly and valuers, who have overstated the value of the security.

 

Currently banks are not allowed to sell standard assets to asset reconstruction companies (ARCs), but this framework provides that the banks will be henceforth allowed to sell the assets reported as SMA-II to the ARCs. With a view to incentivize the early disposal of stressed assets to the ARCs, RBI has decided to allow the banks to reverse the excess provision on sale of NPA if the sale is for a value higher than the net book value (NBV) to its profit and loss (P&L) account in the year, the amounts are received, so that the banks can recover the appropriate value in respect of their NPA. Further, it will also allow banks to spread over any shortfall, in case the sale value is lower the NBV, over a period of two years, the latter one will be available for the NPAs sold up to 31 March 2015. Banks are allowed to use their floating provisions only for contingencies under extraordinary circumstances to the extent of 33% of the floating provisions held by them as on 31 March 2013 (vide its notification dated 7 February 2014 ) for making specific provisions in impaired accounts  after  obtaining  board's  approval  and  with  prior  permission  of  RBI.

 

With a view to help NBFCs in clearing up the stressed assets from their books, the RBI has decided to make recommendations to the government for allowing designated large NBFCs to assign stressed assets to ARCs under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 (SARFAESI Act).

 

Trail of questions to be answered

 

Like many other guidelines by the RBI, we think even this framework has few of uncertainties which we have laid down below:

• The framework states that as an account is reported as SMA-II to the CRILC, a JLF is to be formed along with the other lenders. So, what if the borrower is classified as SMA-II with only one bank and not with the other lenders – will the other lenders still have to agree for the formation of a Joint Lenders’ Forum?

• If a lender disagrees to join the Joint Lenders’ Forum, what consequences will it face? Further, what will be its claim in the cash flows?

• It has been clearly written in the framework that along with the banks, notified NBFCs will also have to comply with the provisions laid down for the SMA classification, but the timeframe for classification mentioned in the framework lacks parity with the NBFC prudential guidelines. Unlike the banks, the NBFCs classify NPAs in their books only when the principal and interest remains overdue for over 180 days, so, ideally their mode of SMA classification should have been different from that of the banks.

 

It is very evident from this framework, that the RBI is looking forward to minimise the existing stress in the economy through every possible way. Moreover, it has decided to encounter the artificial stress created on the assets with strict measures for the promoters and directors of the borrowers, the auditors, the advocates and the valuer. None is spared under this framework.

 

(Nidhi Bothra is executive vice president, while Abhirup Ghosh is research analyst at Vinod Kothari & Company)

 

(2) Law Minister not given Proper Information about How Judiciary Functions – Chief Justice of India

 

The following news item is self explanatory:-

Law Minister not given proper information about how judiciary functions: CJI

Press Trust of India | New Delhi | February 12, 2014 8:39 pm

http://indianexpress.com/article/india/india-others/law-minister-information-judiciary-functions-cji/

Chief Justice of India P Sathasivam on Wednesday rejected Union Law Minister Kapil Sibal’s view that accountability process in judiciary was exceptionally weak, saying all complaints against judges are dealt according to the existing mechanism.

At present, no request of the government or any of its agencies is pending in the Supreme Court, he said. “I have utmost regard for our honorable Law Minister. Unfortunately he was not given accurate and proper information about the role of judges and how the judiciary functions.

“The mechanism to deal with complaints against sitting judges of the Supreme Court and the high courts is provided in the in-house procedure,” he said in his valedictory address during CVC’s golden jubilee celebrations.

He was referring to Sibal’s remarks on Tuesday that the process of accountability within the judiciary was “exceptionally weak”.

“Unless the CJI in his individual capacity grants sanction, there can be no process of investigation. And, therefore, you see very few instances of people being brought to book,” the minister had said.

Sathasivam spoke in detail about the procedure in place to deal with such cases against judges of Supreme Court, high courts and other subordinate courts and employees working under them.

The complaints received by the CJI are examined and ultimately if it is found that deeper probe is required into the allegations contained, a three-member committee is constituted for making fact-finding inquiry, he said.

“If the Committee reports that the misconduct disclosed is so serious as to call for initiation of proceedings for removal of the concerned judge, the Chief Justice of India may advise the concerned judge to resign or seek voluntary retirement or withdraw judicial work and the government may be intimated that this has been done since allegations are so serious as to warrant initiation of proceedings for removal of the concerned judge,” he said.

“A copy of the report is furnished to the concerned judge. At present, no request of the government or any of its agencies is pending in the Supreme Court,” he said.


 

(3) 12 Symptoms of Kidney Disease You should not Ignore

 

Mr Himanshu Mehta, one of our clients from Mumbai has sent the following useful item:-

12 symptoms of kidney disease you shouln’t ignore

Most people are not aware of the fact that kidney diseases can be silent killers. They may not show any symptoms for a long time till the situation becomes critical. It is important to recognize the symptoms of kidney diseases to catch them early. Here is a list of twelve such symptoms you should look out for:

Changes in your urinary function : The first symptom of kidney disease is changes the amount, frequency of your urination. There may be an increase or decrease in amount and/or its frequency, especially at night. It may also look more dark colored. You may feel the urge to urinate but are unable to do so when you get to the restroom.

Difficulty or pain during voiding : Sometimes you have difficulty or feel pressure or pain while voiding. Urinary tract infections may cause symptoms such as pain or burning during urination. When these infections spread to the kidneys they may cause fever and pain in your back.

Blood in the urine : This is a symptom of kidney disease which is a definite cause for concern. There may be other reasons, but it is advisable to visit your doctor in case you notice it.

Swelling : Kidneys remove wastes and extra fluid from the body. When they are unable to do so, this extra fluid will build up causing swelling in your hands, feet, ankles and/or your face.

Extreme fatigue and generalized weakness : Your kidneys produce a hormone called erythropoietin which helps make red blood cells that carry oxygen. In kidney disease lower levels of erythropoietin causes decreased red blood cells in your body resulting in anemia. There is decreased oxygen delivery to cells causing generalized weakness and extreme fatigue.

Dizziness & Inability to concentrate : Anemia associated with kidney disease also depletes your brain of oxygen which may cause dizziness, trouble with concentration, etc.

Feeling cold all the time : If you have kidney disease you may feel cold even when in a warm surrounding due to anemia.
Pyelonephritis (kidney infection) may cause fever with chills.

Skin rashes and itching : Kidney failure causes waste build-up in your blood. This can causes severe itching and skin rashes.

Ammonia breath and metallic taste : Kidney failure increases level of urea in the blood (uraemia). This urea is broken down to ammonia in the saliva causing urine-like bad breath called ammonia breath. It is also usually associated with an unpleasant metallic taste (dysgeusia) in the mouth.

Nausea and vomiting : The build-up of waste products in your blood in kidney disease can also cause nausea and vomiting.

Shortness of breath : Kidney disease causes fluid to build up in the lungs. And also, anemia, a common side-effect of kidney disease, starves your body of oxygen. You may have trouble catching your breath due to these factors.

Pain in the back or sides : Some cases of kidney disease may cause pain. You may feel a severe cramping pain that spreads from the lower back into the groin if there is a kidney stone in the ureter. Pain may also be related to polycystic kidney disease, an inherited kidney disorder, which causes many fluid-filled cysts in the kidneys. Interstitial cystitis, a chronic inflammation of the bladder wall, causes chronic pain and discomfort.

It is important to identify kidney disease early because in most cases the damage in the kidneys can’t be undone. To reduce your chances of getting severe kidney problems, see your doctor when you observe one or more of the above symptoms. If caught early, kidney disease can be treated very effectively.

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DRT Solutions Weekly Mail – 301st Issue dated 14th February ’14

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

 

(1) Take Stern Steps to Recover Loans from Wilful Defaulters

 

The following news item is self explanatory. Side by side we need to improve the knowledge, system and attitude of bank officials so that in first place they don’t commit wrong doings like violations of Govt policies, RBI Guidelines and statutory legal provisions. Further if any such wrong doings are committed, not only remedial actions are taken but fair loss and damages are provided in the rehabilitation plans but the same are actually provided. The banks should not jump to Courts till the matter is resolved by the internal mechanism etc. Further there is no committed approach to improve the Judiciary and Judicial System. The present approach is to push the matters to Court, tighten the Recovery Laws and Procedures, direct the Courts and DRTs to expedite the legal process and as a whole concentrate on disposal and recovery. But thanks to the Constitution and fighting spirit of entrepreneurs, the bureaucracy in banks and courts is getting exposed day by day as may be seen from several court judgments in favour of borrowers. 

 

Feb 10, 2014, 04.02 PM IST | Source: PTI

'Take stern steps to recover loans from wilful defaulters'

http://www.moneycontrol.com/news/economy/take-stern-steps-to-recover-loanswilful-defaulters_1039676.html

 

NPAs, or bad loans, of public sector banks rose 28.5 percent to Rs 2.36 lakh crore in September last year from Rs 1.83 lakh crore in March 2013. Total NPAs had gone up to Rs 1.37 lakh crore in March 2012 from Rs 94,121 crore in March 2011. The amount of NPAs in September 2013 has more than doubled since March 2011. 



Read more at: 
http://www.moneycontrol.com/news/economy/take-stern-steps-to-recover-loanswilful-defaulters_1039676.html?utm_source=ref_article

 

Concerned over the mounting level of bad loans, Finance Minister P Chidambaram today asked banks to take stern steps to recover advances from wilful defaulters. "So banks must pay attention to the portfolio of non-performing assets, identify wilful defaulters, take stern steps to recover loans from wilful defaulters even while helping others who are genuinely caught in business downturn to recover so that they can pay the loans in course of time. Also Read: Bad loans: Bankers in favour of RBI’s new framework One must be sympathetic, one must be stern," he said at the 78th foundation day of Indian Overseas Bank here. "We cannot show laxity to wilful defaulters. It cannot be where loans will become non-performing, where borrowers prosper and lenders suffer," he said. NPAs, or bad loans, of public sector banks rose 28.5 percent to Rs 2.36 lakh crore in September last year from Rs 1.83 lakh crore in March 2013. Total NPAs had gone up to Rs 1.37 lakh crore in March 2012 from Rs 94,121 crore in March 2011. The amount of NPAs in September 2013 has more than doubled since March 2011. "I can understand the reasons for rise in NPAs. Every effort must be made to identify those who are wilful defaulters and those who are caught in the business cycle," Chidambaram said. The Finance Minister said "humongous" capital is required in the future and the government is doing its part...banks have to find their own capital by retaining their profits for capital infusion. He said banks infused about Rs 35,000 crore from their retained earnings in 2011-12 and Rs 37,936 crore in 2012-13. Chidambaram said banks are yet to finalise the amount of retained profit they will infuse as additional capital. "They will, after the year gets over, but I sincerely hope that a significant part of retained earnings can be infused by banks as capital," he said. "The capital is to take care of a number of things. Firstly, banks are obliged to declare a dividend both to majority owner of the bank and the other shareholders," he said. Noting that banks are compliant with global capital norms Basel II, he said, "We have to be compliant with Basel III norms. Every year until 2018 or so, Basel III norms will kick in and all our banks will have to be compliant with Basel III norms." In the past five years and the current year, he said, the government has infused a significant amount of money in banks as its contribution to capital. The government infused Rs 12,000 crore in 2011-12 and Rs 12,517 crore in 2012-13. The government has allocated Rs 14,000 crore for capital infusion in this financial year. He further said that keeping in mind the "humongous amount" of capital required in the future, "all banks, all officers and all staff" should ensure that a significant amount of retained earnings should be used as capital, after paying taxes and declaring dividend.


Read more at: 
http://www.moneycontrol.com/news/economy/take-stern-steps-to-recover-loanswilful-defaulters_1039676.html?utm_source=ref_article

 

(2) Milord, We The People, are accusing you of cheating us

 

Mr Himanshu Mehta, one of our clients from Mumbai has sent the following thought provoking mail about the Indian Judiciary. It is needless to mention that there are 73 countries in the world which have better judicial system compared with us. Justice Krishna Iyer has said that we are 200 years behind the developed countries. There are more than 3 crore cases pending in the Indian Courts and the pendency is rapidly going up. Under such facts and circumstances, the following piece is a stark reality:-

Milord, We The People are accusing you of cheating us

http://i60.tinypic.com/1221cle.jpg

 

Worth a thought .... 

Milord, let us stop mincing words here, shall we? We are not the ones who hold the judiciary in contempt. You are the ones who hold the judiciary, the Union of India and the people of India in utter contempt.

Discovering the truth and delivering justice are emphatically NOT the priority of this judiciary. Safeguarding human rights and fundamental rights is NOT a priority either. Not by far. These objectives fell by the wayside a long while back.

The areas of priority for the judiciary today are:

1)            Following time-consuming and difficult-to-understand procedures

2) Interpreting the laws made by the legislature in convoluted and illogical ways, so that they become almost meaningless as guideposts for the common man

3) Framing rules that make the courts a hostile environment for the common man

4) Giving stay orders and adjournments for the asking

5) Enabling time-wasting tactics so that law firms & senior counsels can continue to earn lakhs and crores of rupees per day

6) Allowing big business and their lawyers to mislead the court by looking the other way

7) Actively preventing the government, police and competent authorities from doing their duty and paralyzing them

8) Jamming the state's regulatory and vigilance mechanisms with old cases and stay orders, so that they become virtually useless

9) Allowing criminals the luxury of perjury and forgery at will

10) Allowing "civil contempt" to escape unpunished, so that wrongdoers are encouraged to flout the court’s orders

11) Fast-tracking big-ticket corporate disputes and moving them ahead in the queue, so that the rights and privileges of the rich and powerful are safeguarded

12) Allowing hapless litigant and defendants to languish by throwing cause-lists to the winds, and causing immense loss and disappointment to at least 75% of the people who come to court everyday

13) Currying favour with the government and powerful politicians

14) Pleasing big corporates that can indirectly reward judges’ children and family members

15) Seeking prestigious post-retirement postings and lucrative assignments as arbitrators

16) Shielding corrupt judges and their go-betweens with stonewalling and inaction

17) Intimidating and muzzling the media so that they do not report anything against the courts and judges

18) Preventing people from questioning the above misdeeds with Criminal Contempt proceedings

http://i60.tinypic.com/1221cle.jpg

Milord, justice and good judgments are by-product that happen by happy accident like some rare miracle. They occasionally happen IN SPITE OF court proceedings. Whenever they happen, the public greets them with joy, and temporarily forgets its pain and forgives the judiciary. This combination of mortal fear of the judiciary, and an occasional ray of hope prevents the citizenry from revolting, storming the courts and burning them down in sheer disgust.

(3) Holistic Medicine – Worth Reading

 

Mr UC Desai from Ahemdabad, one of our very active readers of weekly mails has sent the following interesting mail:-

256 Year Old Chinese Herbalist Li Ching-Yuen, Holistic Medicine, and 15 Character Traits That Cause Diseases

The herbalist had 23 wives and raised more than 200 children

 

According to the official records, herbalist Li Ching-Yuen was born in China in 1677 (although he himself claimed that he was born in 1736). Throughout his long life, he constantly practiced herbalism and martial arts. In 1930, the New York Times newspaper printed an article in which they published official Chinese government documents that were uncovered. These documents, dating back to 1827, contained official congratulations on Li Ching-Yuen's 150th birthday. Later documents, dating back to 1877, contained official congratulations on his 200th birthday.

How did he do that?

Li Ching-Yuen expressed his longevity formula in one sentence: "Retain a calm heart, sit like a turtle, walk swiftly like a pigeon, and sleep like a dog".

Let's add a few more interesting historical facts to this story. Chinese army general Yang Sen invited Li to visit him, and offered him an opportunity to teach Chinese soldiers martial arts. The general could not believe how youthful his guest was, even though he had reached an age of 250 years old.

Li Ching-Yuen died on the 6th of May in 1933. He told his students that he had completed all his tasks in this lifetime, and he was now ready to come home.

Is this a true story? No one knows the truth, but if you read this story using your heart and not a limited rational mind, then you can understand the subtle meaning of it and learn a lot more.

It is possible to find other interesting stories about Western health prodigies and Eastern Yogis who lived for over 100 years. Not only did they survive for this long, they also thrived—youthful, active, and full of enthusiasm. What could we learn from them?

Holistic medicine is all that we need

 

These days, even modern medicine agrees: 70% of all illnesses materialise because of negative thoughts or emotional stress. Illnesses attributed to this cause are called “psychosomatic,” and they are the biggest headache of the whole mainstream healthcare system.

Sometimes several days of elevated stress is all that is needed to open up a gastric ulcer. Sometimes several years of it is all it takes to develop diabetes or heart disease, not to mention poor general health, lowered productivity, and lack of happiness. Doctors and scientists unanimously agree that our thoughts directly affect the activity of our organs and the state of our bodies in general. Ancient medicine is classified as holistic, because it takes care not only of the physical body, but also of the psyche, as well as one's personal lifestyle. This method allows one to remove the cause of the illness, rather than merely treating the symptoms, therefore stopping it from reappearing. Modern medicine, on the other hand, deals with the consequences of the illness—bodily ailments. This is why the illness often comes back, since the cause of the illness is not actually being treated.

This is where one of the biggest secrets to health reveals itself—our thoughts can heal us. There are multiple recorded stories that discuss people who were severely ill and healed themselves with the power of thought, despite doctors losing all hope. One of such impressive story tells us about Morris Goodman, who, in 1981, was involved in a plane crash and was supposed to die due to irreversible spine damage and a punctured diaphragm. The man's life was supported by a breathing ventilator, and the only movement he could do was blinking. However, this man was aware of the power of thought, and in just a few days successfully regenerated his own diaphragm and could breathe independently. He also consciously regenerated his damaged spinal cord and started to move all of his limbs. Doctors could not understand the situation at all because this just “could not be happening.” After a few months, however, Morris Goodman began to walk again, and eventually fully recovered. This is only one of many cases that are happening all around us. Thoughts cannot only make the body ill, but can also help it recover from incurable diseases.

Causes of hard to cure diseases from a different angle

 

The ancient ayurvedic health sciences not only prove the existence of psychosomatic illnesses, but also present a list of specific illnesses caused by specific character traits. What else could the thoughts be dependent on if not on the character?

Here are a few examples that could explain the causes of disease you or your loved ones may be suffering from:

1. Jealousy - causes oncological diseases, weakens the immune system.

2. Vengefulness - causes insomnia and throat diseases.

3. Inability to find a solution to a situation - causes lung diseases.

4. Lacking moral principals - causes chronic diseases, infections, and skin diseases.

5. Being too categorical or unwavering in beliefs - causes diabetes, migraines, and inflammations.

6. Lying - causes alcoholism, fungal infections, and weakens the immune system.

7. Aggressiveness - causes gastric ulcers, acid reflux, and warts.

8. Reticence - causes schizophrenia and kidney diseases.

9. Cruelty - causes epilepsy, asthma, and anemia.

10. Seeking conflicts - causes thyroid enlargement.

11. Apathy - causes diabetes.

12. Inconsistency or being fickle - causes infertility.

13. Being rude or insulting - causes diabetes and heart diseases.

14. Anxiety - causes digestive system disorders, heart, and skin diseases.

15. Greed - causes oncological diseases, obesity, and heart diseases.

How can we know this is truth? Many great things in this world can only be tested by experience and not by thinking about them. Ayurveda is an ancient science that still works today and is used by many great people.

An interesting fact is that it is enough to cure your character, and the relevant diseases go away permanently. This is especially important to know for those who suffer from diseases such as diabetes and cancer, for which modern medicine does not have a cure yet.

Three ways to live healthfully and truly feel good

 

It will involve working on yourself—however, this investment will pay off greatly in the long run. Here are three methods, tested throughout three millenniums:

 

1. Start monitoring your thoughts. Spend five minutes every evening writing down how you felt that day. Remember the situations you encountered and emotions you felt. What negative character traits does that uncover? What do you plan to do tomorrow to start improving yourself and to change those particular character traits? It is very important to write everything down.

 

2. Try to think more about things that make you happy. This is the miracle of positive thinking. When you concentrate on the things that you like, it's as if you move to a different frequency of vibrations, and the body starts to heal itself. Even better, there will be a greater number of good things in your life, because everything you think about becomes reality, including the problems that bother you. Concentrate on things you enjoy and watch how everything begins to change.

 

3. Try out meditation. During meditation, the body and mind rest and heal themselves. You can read more about meditation in the article “How To Own A New Ferrari And Be As Smart As Einstein, Just By Calmly Sitting On Your Couch”.

Illness is simply our body's signal about an incorrect (or, rather, non-beneficial) lifestyle. Firstly it manifests as anxiety, fear, and negative thoughts. Only then, if no effort is made to work on oneself, the body sends a more powerful signal to get your attention and make you think about what you are doing wrong, in the form of physical symptoms.

Leave only the useful and meaningful things in your life. Because everything that is useful to you is always useful to others.


Please forward to maximum as a noble service for their benefit.

 

Please take print, x’rox and give to all in your circle.

From U.C.DESAI   09374556625  Ahmedabad

(Serving / guiding to cure any common / uncommon diseases without medicine and doctor since last two years in Gujarat)

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

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

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

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

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

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

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

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

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

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

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