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DRT Solutions Weekly Mail – 350th Issue dated 23rd January ’15

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


 

(1) Praiseworthy Initiative by Mumbai Advocate Mr. Nilesh Ojha for Judicial Reforms

 

Mumbai Advocate Mr. Nilesh C. Ojha ( M- 0 93734 18181 ) is relentlessly after Judicial Reforms. He is the National President & Founder, Human Rights Security Council (HRSC). His book “How to get Justice against Wrong Judgments and Police Attrocities” has been found to be immensely informative and helpful to the readers. He organized many road shows to mobilize public support.  His recent campaign has been quite impressive. The video clip of the said  campaign may be seen at YouTube vide link http://www.youtube.com/watch?v=a4KwvBpRwZI We must support Advocate Mr. Nilesh Ojha by spreading widely information about his work, book and the said video at YouTube.


 

(2) Projects Worth Rs 4 lakh Crore stuck in Litigation

 ti

The following news item is self explanatory:-

40 projects stuck in litigation, stalling investment of Rs. 4 lakh crore: ASSOCHAM

http://www.merinews.com/article/40-projects-stuck-in-litigation-stalling-investment-of-rs-4-lakh-crore-assocham/15903577.shtml&cp

Alka Sirohi 18th January 19, 2015

Making out a strong case for commercial court in every high court and special benches for high value litigations, industry body ASSOCHAM today said 40 projects worth over Rs. 4 lakhs crores are stuck in litigation process in different courts and tribunals.

An ASSOCHAM paper on 'Reforms in Indian Legal System,' contended that delays   in timely disposal of high value cases  aretaking a huge toll on the country's GDP and prompting some foreign Commercial Courts assuming jurisdiction in  disputes even where no cause of action arose in those countries. 

Further, the contention of the foreign courts in assuming jurisdiction in commercial disputes even where no cause of action arose in those countries is dilatory processes in India where disputes linger on for years together causing economic losses to the parties in the dispute and policy uncertainty among investors. 
 
While the Indian judiciary is respected the 
world over for independent judicial processes, there are concerns over long delays in disposal of cases. As per latest statistics collected by ASSOCHAM,  Supreme Court has 63,843 cases pending as on 1st May, 2014, High Courts have 44,62,705 cases pending and the Lower Courts have 2,68,38,861 cases pending as of December 2013. 
 
To speed up the resolution of commercial disputes, the ASSOCHAM has suggested various measures including creation of better infrastructure, filling up of vacancies of Judges and clarity in regard to the role of appellate tribunals. Since the IPR regime is gaining importance and has caught the attention of the global investors, there should be special benches for IPR cases. 
 
Besides ad-hoc arbitration be stopped completely and the Arbitration Act should be amended and the system of arbitration should be made more credible and effective. Also there should be an international standard Arbitration centre in Delhi on the lines of New York / London / Singapore.
 
The ASSOCHAM paper suggested a clear National litigation Policy responsibility should be fixed for frivolous litigation.
 
The Supreme Court of 
India in consultation with the government should come out with a policy under which Trial Courts are asked that  the cases -  civil or criminal, which are pending under the Trial Courts for more than 20 years be closed. 
 
Similarly, the apex court should issue instruction that litigations under arbitration must be finished maximum within one year and in case of any delay the arbitration cases must be subject to scrutiny by the relevant High Court or Supreme Court beyond one year.

- See more at: http://www.merinews.com/article/40-projects-stuck-in-litigation-stalling-investment-of-rs-4-lakh-crore-assocham/15903577.shtml#sthash.Iz5ITKbp.dpuf


 

(3) Interview with World Renowned Cardiologist

 

Mr U.C. Desai, Ahemdabad has sent the following valuable item:-

Interview With a Cardiologist

An Interview with Dr. Devi Shetty, one of the most renowned Heart surgeons in India today and a world class cardiologist. Arranged by WIPRO for its employees, the transcript below is useful for everyone of every age!

Question: What are the thumb rules for a layman to take care of his heart? 

Answer:

1. Diet - Less of carbohydrate, more of protein, less oil

2. Exercise - Half an hour's walk, at least five days a week; avoid lifts and avoid sitting for a longtime

3. Quit smoking

4. Control weight

5. Control blood pressure and sugar 

 

Question: Is eating non-veg food (fish) good for the heart? 

Answer: No 

 

Question: It's still a grave shock to hear that some apparently healthy person gets a cardiac arrest.. How do we understand it in perspective? 

Answer: This is called silent attack; that is why we recommend everyone past the age of 30 to undergo routine health checkups. 

 

Question: Are heart diseases hereditary? 

Answer: Yes.

 

Question: What are the ways in which the heart is stressed? What practices do you suggest to de-stress? 

Answer: Change your attitude towards life. Do not look for perfection in everything in life. 

 

Question: Is walking better than jogging or is more intensive exercise required to keep a healthy heart? 

Answer: Walking is better than jogging since jogging leads to early fatigue and injury to joints 

 

Question: You have done so much for the poor and needy. What has inspired you to do so? 

Answer: Mother Theresa , who was my patient.

 

Question: Can people with low blood pressure suffer heart diseases? 

Answer: Extremely rare.

 

Question: Does cholesterol accumulates right from an early age

(I'm currently only 22) or do you have to worry about it only after you are above 30 years of age? 

Answer: Cholesterol accumulates from childhood. 

 

Question: How do irregular eating habits affect the heart ? 

Answer: You tend to eat junk food when the habits are irregular and your body's enzyme release for digestion gets confused. 

 

Question: How can I control cholesterol content without using medicines? 

Answer: Control diet, walk and eat walnut. 

 

Question: Can yoga prevent heart ailments? 

Answer: Yoga helps. 

 

Question: Which is the best and worst food for the heart? 

Answer: Fruits and vegetables are the best and the worst is oil. 

 

Question: Which oil is better - groundnut, sunflower, olive? 

Answer: All oils are bad. 

 

Question: What is the routine checkup one should go through? Is there any specific test? 

Answer: Routine blood test to ensure sugar, cholesterol is ok. Check BP, Treadmill test after an echo. 

 

Question: What are the first aid steps to be taken on a heart attack? 

Answer: Help the person into a sleeping position , place an aspirin tablet under the tongue with a sorbitrate tablet if available, and rush him to a coronary care unit since the maximum casualty takes place within the first hour. 

 

Question: How do you differentiate between pain caused by a heart attack and that caused due to gastric trouble? 

Answer: Extremely difficult without ECG. 

 

Question: What is the main cause of a steep increase in heart problems amongst youngsters? I see people of about 30-40 yrs of age having heart attacks and serious heart problems. 

Answer: Increased awareness has increased incidents.. Also, sedentary lifestyles, smoking, junk food, lack of exercise in a country where people are genetically three times more vulnerable for heart attacks than Europeans and Americans. 

 

Question: Is it possible for a person to have BP outside the normal range of 120/80 and yet be perfectly healthy? 

Answer: Yes. 

 

Question: Marriages within close relatives can lead to heart problems for the child. Is it true? 

Answer: Yes, co-sanguinity leads to congenital abnormalities and you may not have a software engineer as a child.

 

Question: Many of us have an irregular daily routine and many a times we have to stay late nights in office. Does this affect our heart ? What precautions would you recommend? 

Answer: When you are young, nature protects you against all these irregularities. However, as you grow older, respect the biological clock. 

 

Question: Will taking anti-hypertensive drugs cause some other complications (short / long term)? 

Answer: Yes, most drugs have some side effects. However, modern anti- hypertensive drugs are extremely safe. 

 

Question: Will consuming more coffee/tea lead to heart attacks? 

Answer: No. 

 

Question: Are asthma patients more prone to heart disease? 

Answer: No. 

 

Question: How would you define junk food? 

Answer: Fried food like Kentucky , McDonalds , samosas, and even masala dosas.. 

 

Question: Does consuming bananas help reduce hypertension? 

Answer: No. 

 

Question: Can a person help himself during a heart attack (Because we see a lot of forwarded emails on this)? 

Answer: Yes. Lie down comfortably and put an aspirin tablet of any description under the tongue and ask someone to take you to the nearest coronary care unit without any delay and do not wait for the ambulance since it may not turn up or just not turn up in time.

 

Question: Do, in any way, low white blood cells and low hemoglobin count lead to heart problems? 

Answer: No. But it is ideal to have normal hemoglobin level to increase your exercise capacity. 

 

Question: Sometimes, due to the hectic schedule we are not able to exercise. So, does walking while doing daily chores at home or climbing the stairs in the house, work as a substitute for exercise?

 

Answer: Certainly. Avoid sitting continuously for more than half an hour and even the act of getting out of the chair and going to another chair and sitting helps a lot. 

 

Question: Is there a relation between heart problems and blood sugar? 

Answer: Yes. A strong relationship since diabetics are more vulnerable to heart attacks than non-diabetics. 

 

Question: What are the things one needs to take care of after a heart operation? 

Answer: Diet, exercise, drugs on time, Control cholesterol, BP, weight. 

 

Question: Are people working on night shifts more vulnerable to heart disease when compared to day shift workers? 

Answer: No. 

 

Question: What are the modern anti- hypertensive drugs? 

Answer: There are hundreds of drugs and your doctor will choose the right combination for your problem, but my suggestion is to avoid the drugs and go for natural ways of controlling blood pressure by walk, diet to reduce weight and changing attitudes and lifestyles. 

 

Question: Does dispirin or similar headache pills increase the risk of heart attacks? 

Answer: No. 

 

Question: Why is the rate of heart attacks more in men than in women? 

Answer: Nature protects women till the age of 45. 

 

Question: How can one keep the heart in a good condition? 

Answer: Eat a healthy diet, avoid junk food, exercise everyday, do not smoke and, go for health checkups if you are past the age of 30 (once in six months recommended). 

From U.C.Desai, (Arogyaganga) Ahmedabad (M) 09374556625

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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 – 349th Issue dated 16th January ’15

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


 

(1) Banking Reforms & India’s Competitiveness 

The following news article is self explanatory:-

Banking sector reforms and India's competitiveness

http://www.newkerala.com/news/2015/fullnews-4958.html

Pre-1991, India had nationalized banks in two phases in 1969 and 1980. It meant that public sector banks (PSBs) controlled the credit supply. The post-1991 period can be thought of in three distinct chronological phases. The first one was roughly from 1991 to 1998. The second started from 1998 and continued until the beginning of global financial crisis. The third we believe is an ongoing process.

Post-1991 saw structural reforms in the financial sector (banking, capital markets and development finance institutions) based on the recommendations of the Narasimham Committee report of November 1991. Within the banking system, significant issues had arisen - namely a small capital base, overall fragile health, low profitability and less competition in the banking sector as a whole.

Measures to strengthen the capital base included capital infusion by the government of approximately Rs.20,000 Crore. In addition, public sector banks were allowed to approach the capital markets for infusion of equity capital subject to the condition that government ownership would remain at least at 51 percent.

Measures to improve the fragile health and low profitability included adhering to internationally acceptable prudential norms, asset classification and provisioning and capital adequacy. Several measures were also initiated, the prominent being the enactment of The Recovery of Debts Due to Banks and Financial Institutions Act in 1993. Following this, 29 debt recovery tribunals (DRTs) and five debt recovery appellate tribunals (DRATs) were established at a number of places in the country. 

Apart from this, Lok Adalats were increasingly used for settling disputes between banks and small borrowers. Also, credit data started to be shared between banks for guarding against defaulters. Also, NPAs were clearly defined - based on objective criteria in four heath codes from the earlier eight. The new health codes resulted in approximately one-fourth of the total advances made being declared as NPAs. 

All these measures reduced the percentage of NPAs to gross advances from 23.2 percent in March 1993 to 16 percent in March 1998. Further rationalization and deregulation of interest rates was also undertaken. The effective resolution of the NPA issue, combined with the deregulation of interest rates paved the way for greater competition and better profitability.

Simultaneously, to create competition within the banking sphere, several measures were undertaken. These included the opening of private sector banks, greater freedom to open branches and installation of ATMs, and a full operational freedom to banks to assess working capital requirements. 

The second phase of reforms started with another Narasimham Committee report in April 1998, which succeeded the East Asian Crisis. Post 1998, a need was felt to restructure debt as the DRTs process was painfully slow due to legal and other hurdles. Therefore, a need to felt to build asset reconstruction companies. The enactment of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 enabled the sale of financial assets to securitisation/ reconstruction companies. 

Also, a Credit Information Bureau (India) Ltd (CIBIL) was established in 2000 that paved the way for the enactment of the Credit Information Act in May 2005, for credit information of borrowers. In accordance with this, gross NPAs as a percentage of total advances were brought down to 2.4 percent in 2008 from 12 percent in 2001.

Another feature of the second stage of reforms was the increasing competition between banks. Though 21 new banks (four in the private sector, one in the public sector and 16 foreign entities) entered, the overall scheduled commercial banks (SCB) reduced approximately four-fifths to 82 by 2007. Additionally, FDI in the banking sector was brought under the automatic route, and the limit in private sector banks was raised from 49 percent to 74 percent in 2004.

The third phase post the global financial crisis has again seen the NPAs steadily rising again. Data from the recently released Financial Stability Report of the RBI shows this increased to 4.5 per cent in September 2014. What is remarkable is that stressed advances (the NPA and Restructured Standard Advances) were at 12.9 percent of their total advances in September 2014 for PSBs in comparison to private sector banks at 4.4 percent.

Commenting on these developments Prime Minister Narendra Modi told a recent meeting of public sector bankers that he is against political interference but supports political intervention. Finance Minister Arun Jaitley similarly stressed the need to "deal with commercial issues with a commercial mindset". Reserve Bank of India Governor Raghuram Rajan similarly hailed the government's decision in letting the PSBs be without fear or favour and ignore extraneous considerations in their commercial operations.

While all these statements highlight a firm intent to help public sector banks regain their competitiveness, it is equally worthwhile to observe that our financial system in the past has had higher levels of stressed assets, particularly in phase I and in the early part of phase II. That does not mean we have to touch those levels again. Maybe another round of reforms for the banking sector will reduce them. In 2015, the single biggest question facing the banking sector in general and the PSBs in particular will be ensuring reduction in NPAs with greater financial inclusion. 

(The article is co-authored with Sankalp Sharma, Senior Researcher at the Institute for Competitiveness, India. is Chair, Institute for Competitiveness and Editor of Thinkers. The views expressed are personal. He can be reached atamit.kapoor@competitiveness.in and tweets @kautiliya. )


 

(2) Nehru & Patel curbed Freedom of Expression in India 

The following news item is self explanatory:-

Why Nehru and Sardar Patel curbed freedom of expression in India

Within a year of the Constitution coming into force, Parliament passed the First Amendment, placing ‘reasonable restrictions’ on free speech.

Shoaib Daniyal
Today · 06:45 am

The horrific attack on the office of Charlie Hebdo seems to have pitched India into a free speech maelstrom with some awkward, even depressing results. The day after the murders, HT Media’s business newspaper Mint published some of Charlie Hebdo’s cartoons as a defiant protest in favour of freedom of expression. Embarrassingly, only a few days later though, it put out a notice saying that it had “removed” the cartoons. The reason for this, Mint claimed, was that the cartoons had “offended some people”. More odiously, the state moved in as well: Mumbai’s police blocked purportedly offensive social media posts related to Charlie Hebdo.

Neither incident came as a surprise, of course: India has a glorious tradition of restricting free speech. In fact, so vital is this quality to the nation’s lifeblood that the very first amendment made to India’s newly minted constitution sought to restrict freedom of speech. In an ironic coincidence, the First Amendment to the US’s constitution prohibits any abridgment of free speech. Maybe a lot can be said about a country from only its first amendment.

On 26 January, 1950, our founding fathers awarded India a fine constitution which, among other things, guaranteed its citizens “the right to freedom of speech and expression”. Almost immediately though, they were to regret this over-generosity, as the judiciary started to limit executive action on the basis of freedom of expression.

Indian courts weighed in

In Bihar, a government order to restrict a violent political pamphlet was quashed by the Patna High Court. So liberal was India’s freedom of speech at the time that a judge on the case held that “if a person were to go on inciting murder or other cognisable offences either through the press or by word of mouth, he would be free to do so with impunity because he could claim freedom of speech and expression”. This is remarkably similar to the US Supreme Court’s 1969 ruling in the Brandenburg case, which held that the State cannot forbid advocacy of the use of force or of law violation unless the violence was intended, likely and imminent.

In Delhi, the government’s attempts at pre-censoring the Rashtriya Swayamsevak Sangh’s mouthpiece, the Organiser, met the same fate. The East Punjab Public Safety Act, 1950, under which the curbs were being applied, was held to be unconstitutional by the Supreme Court.

The third case (May 1950) turned out to be the most impactful and involved a left-leaning journal called Crossroads, published by Romesh Thapar from Mumbai. At the time, Madras state had banned the Communist Party and, as part of that policy, prohibited the entry and circulation of Crossroads in the state. Thapar contested this ban legally and won, with the Supreme Court declaring the Madras Maintenance of Public Safety Act, 1949 unconstitutional.

The Communist Party had, at the time, declared war on the new dominion with the slogan “Yeh azadi jhooti hai” (this freedom is fake) and in Telangana was directly battling the Indian army. Thapar, while not a card-carrying member of the party, was widely seen to be a communist sympathiser and, therefore, this decision by the Supreme Court greatly alarmed the administration.

Agreement on curbs

Within a week of the decision, Home Minister Vallabhbhai Patel wrote to Prime Minister Jawaharlal Nehru, complaining that this ruling “knocks the bottom out of most of our penal laws for the control and regulation of the press”. Patel also expressed concern that this meant that the government would be unable to gag Hindu Mahasabha leader S P Mookerjee, who was leading a troublesome campaign to get Bengal’s partition annulled (ironic, because just three years before, he was one of its biggest supporters).

Nehru and Patel did not often see eye to eye but on this matter there was perfect agreement within the duumvirate: both leaders believed in a strong, centralised state. In fact, not only Nehru and Patel, there was broad agreement on this matter throughout the government. BR Ambedkar, while less hawkish than either Nehru or Patel on the matter, still agreed on the need for curbs.

Events moved fast. By February 1951, Nehru had constituted the Cabinet Committee on Amendment to modify Article 19 (which contained the freedom of speech). Law Minister Ambedkar suggested that the phrase “reasonable restrictions” be added. Patel’s Home Ministry, unsatisfied by the qualifier “reasonable”, sought to have it removed. This qualifier left it up to the judiciary to decide what “reasonable” meant, curtailing the powers of the government.


Opposition from Hindu Mahasabha

Nehru came down on the side of the Home Ministry and the draft bill introduced in Parliament allowed the State to make laws imposing “restrictions” on freedom of speech and expression “in the interests of the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence”.

The opposition to this bill was fierce, spearheaded by S P Mookerjee. Restrictions on free speech in the interests of “friendly relations with foreign States” directly gagged his efforts to overturn partition and he was naturally indignant. “The Prime Minister believes that agitation to end partition is harmful to the country, but I think partition should be annulled. So why can we not each give our views and let the public decide,” argued Mookerjee in a forceful response to the bill.

In the face of this fierce opposition, the government backed down a bit. Nehru reintroduced the qualifier “reasonable”. The compromise in place, Parliament passed the bill 228 to 20.

Later on, in 1963, the Sixteenth Amendment would add another condition: “the sovereignty and integrity of India” aimed at curbing Tamil separatism. Till then Dravida Munnetra Kazhagam had the secession of south India as part of its agenda, which it then subsequently dropped.


Misuse of curbs

The can of worms this opened meant that modern India has lived with vaguely defined hate speech laws (Section 153A of the Indian Penal Code) and a blasphemy law (Section 295A of the Indian Penal Code). Faced with the diffused nature of the internet, the government passed Section 66A of the Information Technology Act, 2000 which even went so far as to penalise “offensive” electronic messages.

Backers of a limited right to expression usually argue that unrestricted free speech would cause law and order issues in India, much as the government did in 1951. The fact that India is a volatile country is not in doubt. Just six months back, a young Muslim man in Pune was murdered by a mob, incensed by derogatory images of Shivaji and Bal Thackeray (unlike in Paris, the murderers did not even bother to find out the source of the image).

Like a number of other statist solutions, however, curbs on free speech in the service of public order looks far better on paper than on the ground. As we have seen in Mumbai in 1993 or in Gujarat in 2002, the state does not really seek to clamp down on free speech for such altruistic purposes. Instead, free speech curbs are used for petty political ends, banning books, movies, paintings and even Facebook status updates.

In spite of the widespread and frequent curbs on free speech, this is really not a political issue in India and there exists remarkable political consensus on their continuation. So deep is the rot that in most cases – from Penguin to Mint – people now simply censor themselves, which really is the best curb on freedom of expression anyone could wish for.


 

(3) 12 Indian Foods That Cut Fat 

Mr U.C. Desai from Ahemdabad has sent the following useful information:-

Health tips - 12 Indian Foods That Cut Fat

 

1.Garlic 
An effective fat-burning food, garlic contains the sulphur compound allicin, which has anti-bacterial effects and helps reduce cholesterol and unhenkghy fats.


2. Cardamom

This is a thermogenic herb that increases metabolism and helps burn body fat. Cardamom is considered one of the best digestive aids.

 

3. Cabbage 

Raw or cooked cabbage inhibits the conversion of sugar and other carbohydrates into fat. Hence, it is of great value in weight reduction. 

 

4. Buttermilk 
The probiotic food contains just 2.2 grams of fat and about 99 calories. Regular intake provides the body with all essential nutrients and does not add fats and calories to the body. 

 

5. Chilies 
Chilies contain capsaicin that helps in increasing the metabolism. Capsaicin is a thermogenic food, so it causes the body to burn calories for 20 minutes after you eat the chillies. 

 

6. Cinnamon and cloves 
The spices have been found to improve the function of insulin and to lower glucose, total cholesterol, LDL and triglycerides in people with type 2 diabetes. 

 

7. Curry leaves 
Incorporating curry leaves into your daily diet can help you lose weight. These leaves flush out fat and toxins, reducing fat deposits that are stored in the body, as well as reducing bad cholesterol levels. If you are overweight, incorporate eight to 10 curry leaves into your diet daily. Chop them finely and mix them into a drink, or sprinkle them over a meal.

 

8. Honey 
It is a home remedy for obesity. It mobilises the extra fat deposits in the body allowing it to be utilised as energy for normal functions. One should start with about 10 grams or a tablespoon, taken with hot water early in the morning. 

 

9. Millet 
Fibre rich foods such as millets – jowar, bajra, ragi, etc – absorb cholesterol and help increase the secretion of the bile that emulsifies fats. 

 

10. Moong dal 

The bean sprouts are rich in Vitamin A, B, C and E and many minerals, such as calcium, iron and potassium. It is a rich source of protein and fibre, which helps lower blood cholesterol level. The high fibre content yields complex carbohydrates, which aid digestion, are effective in stabilising blood sugar and prevent its rapid rise after meal consumption 

 

11.Mustard oil 
This has low saturated fat compared to other cooking oils. It has fatty acid, oleic acid, erucic acid and linoleic acid. It contains antioxidants, essential vitamins and reduces cholesterol, which is good for the heart. 

 

12.Turmeric 
Its regular intake may help reduce low-density lipoprotein (LDL) and high BP, increase blood circulation and prevent blood clotting, helping to prevent heart attack.   

From U.C.Desai (m) 09374556625 Ahmedabad

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DRT Solutions Weekly Mail – 348th Issue dated 9th January ’15

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


 

(1) Kingfisher shows Why India needs Strong Debt Recovery Laws 

The following news item is self explanatory:-

Kingfisher case shows why India needs strong debt recovery laws

The Calcutta High Court's judgement on Kingfisher's wilful defaulter tag highlights the difficulties faced by banks in recovering unpaid loans

Somasroy Chakraborty  |  Kolkata  

December 30, 2014

http://www.business-standard.com/article/opinion/kingfisher-case-shows-why-india-needs-strong-debt-recovery-laws-114123000077_1.html

All it took was an extra committee member to dent United Bank of India's (UBI) efforts to recover unpaid dues from Kingfisher Airlines.

The state-run lender has been meticulously building its case against the grounded airline for more than two years now. UBI was the first (and still the only) bank to declare Kingfisher, its chairman Vijay Mallya, and three other directors as wilful defaulters, a tag that effectively prevents them from getting access to institutional finance in future.

Last week, however, the Calcutta High Court dismissed UBI's action against Kingfisher. The court observed that UBI's identification committee on wilful defaulters was comprised of four members, which was one more than prescribed in regulation 3(i) of the Reserve Bank of India's (RBI) master circular on wilful defaulters. 

"In such circumstances the decision arrived at by such identification committee is a nullity. Consequently, all steps taken by United Bank of India subsequent to such so-called identification are also a nullity," Justice Debangsu Basak said in his judgement on December 24, 2014.

UBI is perhaps at fault for deviating slightly from the prescribed regulation, but many felt that the bank actually took more care in declaring Kingfisher a wilful defaulter by having an extra member in its wilful defaulter committees. It is also argued that RBI's master circular on wilful defaulter does not use the word "only" while specifying the number of committee members.

While UBI is allowed to reinitiate the process of identification and declaration of Kingfisher a wilful defaulter, there is no doubt that there will be further delays in recovering the dues. Sometimes, if not always, justice delayed is justice denied.

This case is certainly not a stray incident. There have been instances in the past when errant borrowers have successfully stonewalled lenders' legitimate recovery efforts.

A performance review of debt recovery tribunals (created to help lenders recover dues speedily without being subject to the lengthy procedures of usual civil courts) offers insight to the current state of affairs. 

The amount recovered from cases decided in 2013-14 under debt recovery tribunals was only 13% of the amount at stake. While the law indicates that cases before debt recovery tribunals must be disposed of in six months, only about a fourth of the cases pending at the beginning of the year were cleared during the year.

However, not everyone blames the judicial system for coming in the way of banks in recovering what they have lent. Experts suggest that legislation needs to be amended to empower banks and the regulator and laws must be introduced to reduce the incidence of contesting every move of lenders in the court.

Till that happens a large chunk of bank loans may continue to remain unpaid.


 

(2) RBI Guidelines - Non-cooperative Borrowers – Another News Item 

 

Another news item on this subject is reproduced below:-

Reserve Bank of India tightens norms for errant borrowers

By: fe Bureau | Mumbai | December 23, 2014 1:32 am


http://www.financialexpress.com/article/industry/companies/reserve-bank-of-india-tightens-norms-for-errant-borrowers/22198/

Even as bankers struggle to recover dues from errant borrowers, grappling with an inefficient legal system, the Reserve Bank of India (RBI) on Monday put out a set of revised guidelines on how lenders should deal with ‘non-cooperative’ borrowers.

The modified definition of non-cooperative borrower, it would appear, is a lot similar to that of a ‘wilful defaulter’.The RBI has characterised a non-cooperative borrower as one “who does not engage constructively with his lender by defaulting in timely repayment of dues while having ability to pay, thwarting lenders’ efforts for recovery of their dues by not providing necessary information sought, denying access to assets financed and collateral securities, obstructing sale of securities”.

 

“In effect, a non-cooperative is a defaulter who deliberately stonewalls the efforts of lenders to recover their dues,” the central bank said on Monday, asking lenders to put in place a transparent mechanism for classifying borrowers as such.

 

The threshold exposure, per bank, for declaring a company as non-cooperative has been set at R5 crore.

The central bank continues to allow lenders to take on fresh exposure to non-cooperative borrowers but at the cost of making higher provisions. Higher provisions are also required to be made against fresh loans given to even those companies managed by the any directors of the non-cooperative borrowing company.

“However, for the purpose of asset classification and income recognition, the new loans would be treated as standard assets,” the RBI said. The central bank bars lenders from taking on fresh exposure to wilful defaulters, bankers point out.

Earlier, in September, governor Raghuram Rajan had observed that non-cooperative borrowers were those that resisted repaying at every corner, holding up the process. “From a prudential perspective, they impose a cost to the system because banks cannot get their money using the existing laws such as Sarfaesi,” Rajan said.

Rajan has pointed out that the amounts “banks recover from defaulted debt is both meagre and long-delayed”. In FY14, Rs 30,590 crore was recovered via debt recovery tribunals while the outstanding value of debt sought to be recovered was Rs 2.36 lakh crore. Worse, Rajan added that while the law stipulates that cases before the DRT have to be disposed of in six months, only a fourth of cases meet this criteria, “suggesting a four-year wait even if the tribunals focus only on old cases”. According to RBI data, loans worth more than Rs 2 lakh crore were pending at 33 DRTs till FY14, up from Rs 1.43 lakh crore in FY13.

K Subramanyam, executive director at Union Bank of India, pointed out that the non-cooperative borrower would be like a precursor to a wilful defaulter tag. “The wilful defaulter provision would be simultaneously used as these are two different types of borrowers,” Subramanyam explained.

By imposing the higher provisions, the central banks is discouraging banks from taking on additional exposure to errant borrowers, analysts said. Bankers have pointed out that the some borrowers delay the legal proceedings by continuously appealing for stays in the tribunals.

Banker’s efforts to recover dues from errant borrowers have been stymied by the courts. In September, the Gujarat High court had deemed the RBI’s wilful default guidelines as “unconstitutional” and had asked the RBI to modify the same. The court said the circular was in violation of the RBI Act or the Banking Regulations Act, 1949. “The circular that confers uncanalised, unbridled and untrammelled power upon the banks to decide the future of any borrower and makes the bank a judge in its own cause and also the decision whether the other banks should lend money to the borrower declared as a wilful defaulter,” the court had said in its judgement. Following the court order, Rajan said that the central bank would alter the definition of a wilful defaulter to accommodate the concerns of the court.


 

(3) Chemotherapy Makes Cancer Much Worse 

 

Study Finds Chemotherapy Makes Cancer Much Worse

http://RogerHaeske.com/YummyGreens2.html
=========================================  

"Study Finds Chemotherapy Makes Cancer Much Worse"  

Aloha Ram

This may not be surprising to you or to me but...

These scientists were shocked when they found out that chemotherapy
actually made cancer far worse.

"Scientists found that healthy cells damaged by chemotherapy
secreted more of a protein called WNT16B, which boosts cancer cell
survival. 'The increase in WNT16B was completely unexpected," said
Peter Nelson, of the Fred Hutchinson Cancer Research Center."

Me personally I don't understand why this is such a shock.

Isn't it true that chemotherapy and radiation are known carcinogens?

So why give it to cancer patients?

This is beyond idiotic.

But the Medical Mafia knows darn well that in most cases chemo and
radiation just don't work.

They well know there are natural alternatives to chemotherapy that
are far more powerful and don't have any negative side effects (or
rather full frontal assaults on your health) but they can't make
any money with those treatments. 

They're not patentable.

Heck they've done studies on these nutrients but when they couldn't
make a synthetic (therefore patentable) version of these nutrients
they gave up and never told the public of their incredible findings.

But even worse is the Medical Mafia has an ulterior agenda besides
making money.

Part of their goals are to not only bring home billions of dollars
off of your suffering but the higher ups really want most of us
dead.

They suck your wallet dry and then you die.

Just part of the Illuminati plan to reduce world population by 90%. 

Luckily their plan is failing BIG TIME.

As I mentioned yesterday eating broccoli and cauliflower are
powerful foods that kill cancer cells. 

But it's not just broccoli and cauliflower.

Turns out all cruciferous veggies contain a wide spectrum of
powerful anti-cancer nutrients. For ideal results it's best to eat
a wide variety of cruciferous veggies.

And the best way to eat them is raw.

Luckily there are plenty of recipes in Yummy Greens that make eating
raw cruciferous veggies a craving not a chore.

Now get this...

Recently I found something that may be even more powerful than
cruciferous veggies at stamping out cancer. Or actually you can use
it in tandem with eating lots of cruciferous vegetables.

It's a nutrient that is found in a variety of raw plant foods (in
certain greens, fruits, nuts etc.) that is Nature's Chemotherapy.
But there are certain things we do that degrade that nutrient and
therefore cancer is able to get out of control.

This process is so powerful that the guy who came up with it
actually patented it. Not the nutrient itself but the process or
methods of implementing it.

I don't know how he got the patents but he did.

And I'll be revealing the full details of this astonishing
information as a special bonus for Yummy Greens System customers.

Check out Yummy Greens here while it's still a bargain during the
re-launch.

http://RogerHaeske.com/YummyGreens2.html

And remember the Rawbecue Wings and Pizza Recipe alone are well
worth the "current" small price of admission.

Your Radiant Health, Fitness and Infinite Potential Coach,

Roger Haeske

The Cooked Food Addiction Buster
Making the Raw Food Diet Effortless through Tastiness
http://SavoryVeggieStews.com

NOTES: 
Shock study: Chemotherapy can backfire, make cancer worse by
triggering tumor growth
http://www.nydailynews.com/life-style/health/shock-study-chemotherapy-backfire-cancer-worse-triggering-tumor-growth-article-1.1129897

Roger Haeske "The Eternal Teanajer" is an internationally
recognized expert in the Raw Food Diet, Bodyweight Fitness
and Infinite Potential Training. He's also a former
professional tennis instructor and the author of "Infinite
Tennis," his first book.

Roger is the creator of one of the most popular Raw Food
Diet websites on the Internet. He's also the author of the
international best seller Lightning Speed Fitness Program
that has sold thousands of copies in over 33 countries
around the world. 

Since 2001, Roger has coached hundreds of people to better
health, happiness and peak performance with the Raw Food
Diet. He's a motivational expert and helps people to break
free of cooked food addiction the fun and easy way --
without willpower or needless struggle.

If you have questions about any of Roger's Products, have
a technical support issue or wish to leave a testimonial or
ask a question that may be reprinted in the Superbeing
Secrets Letter then please send an email to:

support (at) superbeing (dot) com

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DRT Solutions Weekly Mail – 347th Issue dated 2nd January ’15 - Camp Falna, Rajasthan

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


 

(1) HC Calcutta says Kingfisher not a Wilful Defaulter

 

The following news item is self explanatory:-

Kingfisher not a wilful defaulter, says HC

Calcutta HC dismisses United Bank of India's decision on technical grounds

Somasroy Chakraborty & Raghuvir Badrinath  |  Kolkata/Bengaluru  

December 27, 2014

This New Yesar, UB Group chief Vijay Mallya has a reason to celebrate. The Calcutta High Court has dismissed United Bank of India (UBI)’s decision to declare his grounded Kingfisher Airlines a wilful defaulter.

The Kolkata-based lender had identified and declared the airline company, its chairman Mallya, and three former directors — Subhash R Gupte, Ravi Nedungadi and Anil Kumar Ganguly — wilful defaulters for non-payment of loans of about Rs 400 crore.

“The decisions of the identification committee (of UBI) and the grievance redressal committee are quashed,” judge Debangsu Basak said in the order.

“The ruling was in favour of Kingfisher on technical grounds. The Calcutta High Court said the grievance redressal committee (which decides on whether or not a borrower is declared a wilful defaulter) was not constituted according to regulatory guidelines. Therefore, the committee’s decision to declare Kingfisher a wilful defaulter was defeated... Our legal team is exploring all options and we might move the division bench against this order,” said a senior UBI executive, on condition of anonymity.

Kingfisher Airlines’ parent, UB Holdings, also confirmed the development. “The previous order (on declaring Kingfisher a wilful defaulter) has been set aside. But the bank can still appeal against this judgment,” said a senior UB Group executive.

“The identification committee held a meeting on May 22, 2014, to identify constituents as wilful defaulters. It was constituted by four members — one executive chairman, a chief general manager and two general managers. This is in excess of the number of three personnel prescribed in regulation 3(i) of the master circular on wilful defaulters, issued by the Reserve Bank of India (RBI). In such circumstances, the decision arrived at by the identification committee is a nullity. Consequently, all steps taken by United Bank of India subsequent to such so-called identification are also a nullity. Significantly, the grievance redressal committee also comprised four members. This is also in violation of regulation 3(iii) of the master circular issued by RBI,” the court order said.

According to the master circular, a decision on whether or not to classify a borrower as a wilful defaulter should be entrusted to an identification committee (a panel of higher functionaries, headed by the executive director and comprising two general managers or deputy general managers, as decided by the bank’s board). It added if a borrower was identified as a wilful defaulter, she/he should be provided reasonable time (say, 15 days) for making a representation against the decision to the grievance redressal committee, headed by the chairman and comprising two other senior officials.

Bankers said the high court’s decision would hit their efforts to recover loans from Kingfisher. The airline company has unpaid loans of about Rs 6,500 crore, borrowed from a consortium of 17 banks.

A few lenders, including largest State Bank of India, have identified the airline as a wilful defaulter, though they are yet to declare this.

Analysts have been saying amendments in laws are needed to empower lenders to recover money from defaulting borrowers. “I don’t think it (the delay in classifying a borrower as a wilful defaulter) is a problem with our judiciary. The problem is with the Banking Regulation Act and the RBI Act. These need to be amended to empower both banks and the regulator. It will reduce the incidence of referring such cases to courts,” Ashvin Parekh, managing partner at Ashvin Parekh Advisory Services, had told Business Standard earlier this month.

 

TURN OF EVENTS

May

·         UBI slaps wilful-defaulter notice to Kingfisher, its chief Vijay Mallya and other board members

July

·         Kingfisher moves Calcutta High Court against the UBI notice

September

·         UBI becomes first bank to declare Kingfisher, Vijay Mallya and three other board members as wilful defaulters

·         Kingfisher secures stay from Calcutta High Court on UBI’s decision

December

·         Calcutta High Court rules in favour on Kingfisher, dismisses UBI’s decision on technical grounds

 

 

(2) Banks may Tighten Noose on Defaulters

 

The following news item is self explanatory:-

Banks may tighten noose on defaulters; proposed changes will allow lenders to attach properties, once a case is filed

Friday, 26 December 2014 - 7:45am IST | Place: Mumbai | Agency: dna

http://www.dnaindia.com/money/report-banks-may-tighten-noose-on-defaulters-2047020

The great Indian bank loot may be coming to an end. It may soon be difficult fordefaulters like Vijay Mallya, Zoom Developers and others to run for judicial when a bank comes calling for recovery.

Defaulters may soon see their properties attached the moment a bank files a suit with the Debt recovery Tribunal (DRT), and a stay from the court may not be coming, if the finance ministry agrees to a bunch of suggestions from the bankers.

The other major request by banks is to ease the regulation for legal heirs to take over in cases the borrower dies when the recovery process is on. Legal heir substitution is a major hurdle in many recovery cases. Easing the law will make it easier for legal heirs to take charge of both the properties company and also any liability that the company may have with the banks.

What's happening now?
Right now, when a bank initiates recovery process, borrowers take shelter under various courts of law by getting a stay. A senior officer with a public sector bank said, "The legal process is such that cases never get resolved and banks are forced to clean up their balance-sheet by writing off loans. It will be a big drag on our profitability".

So, what are banks planning?
Banks have asked the finance ministry to make necessary changes in legislation so that "stays" from courts or those granted by the tribunal are conditional or time-bound or both. Banks, under the aegis of the Indian Banks' Association (IBA), have asked the finance ministry to make changes in the SARFAESI (Securitisation and Reconstruction of 
Financial Assets and Enforcement of Security Interest) Act, 2002,and the Debt Recovery Tribunal.

What will the new law mean?
The new law will allow banks to attach a defaulter's properties and other securities, once a lender files a case with the tribunal. MV Tanksale, CEO, IBA, told DNA: "For a speedier recovery mechanism, we have asked the finance ministry to tighten the SARFAESI and the DRT laws, so that judicial interventions are limited and banks can undertake the recovery process without interruptions."

How much loans have been written off?
Public sector banks have written off loans worth Rs 1,06,170 crore in the last five years, minister of state for finance Jayant Sinha told the Rajya Sabha on Tuesday. Sinha also said that 1,600 cases of wilful defaults have been filed with debt recovery tribunals in the last three years up to March 2014. There are 50,000 cases pending with DRTs and still counting. Thousands of crores are locked up in litigations.

How many defaulters are there?
All India Bank Employees Union, in June, released a list of 406 loan defaulters who together owed over Rs 70,000 crore to the banking system and are facing legal action. Banks are also grappling with 
bad loans of over Rs 2 lakh crore and stressed assets of almost an equal number. 

(3) How to Live & Die by Khushwant Singh 

 

Mr Firoz Poonawalla has sent the following useful item:-

How To Live & Die  by   Khushwant Singh
===============================

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 outing,  going to the movies, travel and holidays in the hills or by the sea.
 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 unhappy all the time.
 5- Fifth, stop envying those who have done better than you in life seen 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 is 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- Tenth, above all, when the time comes to go, one should go like a man without any regret or grievance against anyone.

 

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DRT Solutions Weekly Mail – 346th Issue dated 26th December ’14

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

 

(1) RBI Guidelines - Non-cooperative Borrowers

 

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

India Infoline News Service | Mumbai | December 22, 2014 14:16 IST 

A non-cooperative borrower is one who does not engage constructively with his lender by defaulting in timely repayment of dues while having ability to pay, thwarting lenders’ efforts for recovery of their dues by not providing necessary information sought, denying access to assets financed / collateral securities, obstructing sale of securities, etc.

RBI has modifies definition of non-cooperative borrowers.

A non-cooperative borrower is one who does not engage constructively with his lender by defaulting in timely repayment of dues while having ability to pay, thwarting lenders’ efforts for recovery of their dues by not providing necessary information sought, denying access to assets financed / collateral securities, obstructing sale of securities, etc. In effect, a non-cooperative borrower is a defaulter who deliberately stone walls legitimate efforts of the lenders to recover their dues.

In this connection, we advise that banks/FIs should take the following measures in classifying/declassifying a borrower as non-cooperative borrower and reporting information on such borrowers to Central Repository of Information on Large Credits (CRILC):

The cut off limit for classifying borrowers as non-cooperative would be those borrowers having aggregate fund-based and non-fund based facilities of Rs.50 million from the concerned bank/FI. A non-cooperative borrower in case of a company will include, besides the company, its promoters and directors (excluding independent directors and directors nominated by the Government and the lending institutions). In case of business enterprises (other than companies), non-cooperative borrowers would include persons who are in-charge and responsible for the management of the affairs of the business enterprise.

It would be imperative on the part of the banks / FIs to put in place a transparent mechanism for classifying borrowers as non-cooperative. A solitary or isolated instance should not be the basis for such classification. The decision to classify the borrower as non-cooperative borrower should be entrusted to a Committee of higher functionaries headed by an Executive Director and consisting of two other senior officers of the rank of General Managers/ Deputy General Managers as decided by the Board of the concerned bank/FI.

If the Committee concludes that the borrower is non-cooperative, it shall issue a Show Cause Notice to the concerned borrower (and the promoter/whole-time directors in case of companies) and call for his submission and after considering his submission issue an order recording the borrower to be non-cooperative and the reasons for the same. An opportunity should be given to the borrower for a personal hearing if the Committee feels such an opportunity is necessary.

The order of the Committee should be reviewed by another Committee headed by the Chairman / CEO and MD and consisting, in addition, of two independent directors of the Bank/FI and the order shall become final only after it is confirmed by the said Review Committee.

Banks/FIs will be required to report information on their non-cooperative borrowers to CRILC under CRILC-Main (Quarterly Submission) return as advised vide circular DBS.OSMOS.No.14703/33.01.001/2013-14 dated May 22, 2014 on ‘Reporting to Central Repository of Information on Large Credits (CRILC)’. As mentioned in this circular, the quarterly CRILC Main report is required to be submitted within 21 days from the close of the relevant quarter.

Boards of banks/FIs should review on a half-yearly basis the status of non-cooperative borrowers for deciding whether their names can be declassified as evidenced by their return to credit discipline and cooperative dealings. Removal of names from the list of non-cooperative borrowers should be separately reported under CRILC with adequate reasoning/rationale for such removal.

If any particular entity as mentioned in (a) above is reported as non-cooperative, any fresh exposure to such a borrower will by implication entail greater risk necessitating higher provisioning. Banks/FIs will therefore be required to make higher provisioning as applicable to substandard assets in respect of new loans sanctioned to such borrowers as also new loans sanctioned to any other company that has on its board of directors any of the whole time directors/promoters of a non-cooperative borrowing company or any firm in which such a non-cooperative borrower is in charge of management of the affairs. However, for the purpose of asset classification and income recognition, the new loans would be treated as standard assets. This supersedes the instructions contained at paragraph 8.1(b) of the aforementioned circular dated February 26, 2014.

It is reiterated that as the CRILC data is collected under the provisions of the RBI Act, non-adherence to reporting instructions attracts penal provisions under the Act.


 

(2) Supreme Court clamps down on ‘Bench Hunting

 

The following news item is self explanatory:-

Supreme Court clamps down on 'bench hunting'

http://indiatoday.intoday.in/story/supreme-court-bench-hunting-forum-shopping-favourable-order-bail-applications-lawyer-dushyant-dave/1/407912.html

The Supreme Court has strongly decried the increasing corrupt practice, mostly in lower courts of litigants assisted by their lawyers indulging in "bench hunting" or "forum shopping" that is managing to get their cases heard by a particular judge and ensuring a favourable order.

The apex court said it was seen that the trend "which will eventually shake people's confidence in the Indian justice system" was mostly adopted before filing bail applications or other urgent petitions to secure quick relief. The subject had made national headlines in March 24 this year when senior lawyer Dushyant Dave, now the Supreme Court Bar Association President, trooped into the courtroom of the then Chief Justice R.M. Lodha and said "bench hunting" was rampant in the apex court too, forcing the CJI to initiate a probe.

Laying down firm guidelines (see box) to deal with the menace, the apex court said if a petition filed by a person comes before a particular judge entrusted with the task of hearing bails and he/she dismisses it, all subsequent bail pleas by same petitioner should also come before the same judge unless his roster has been changed, is on long leave, has been transferred or has retired. The petition can at no cost be heard by a second judge when the original judge is available, said the bench. 

A bench headed by Justice Dipak Misra said: "Unless such principle in consonance with judicial decorum, discipline and propriety is adhered to, there is enormous possibility of "forum shopping" which has no sanction in law and definitely, has no sanctity. If the same is allowed to prevail, it is likely to usher in anarchy, whim and caprice and in the ultimate eventuate shake the faith in the adjudicating system."

The court was hearing a petition filed by two accused in a cheating case involving ` 1.5 crore challenging a Delhi High Court order cancelling their anticipatory bail granted by a sessions judge on the ground that they had indulged in "bench hunting" in the Saket District Court.

The court said: "We find that the high court was disturbed that their second application, after the first one was rejected by the judge competent to hear it, was allowed by another judge who was not authorised to hear it."

The apex court said when the first judge declined to grant the bail application, the second judge should have asked the petitioner to approach the same judge rather than deciding on it. Justice Misra also slammed the prosecution saying it was its duty to bring it to the notice of the second judge that such an application was rejected earlier by a different judge and he was available.

The SC said: "If successive bail applications on the same subject are permitted to be disposed of by different judges, there would be conflicting orders and a litigant would be pestering every judge till he gets an order to his liking, resulting in the credibility of the court and there would be wastage of courts' time. Judicial discipline requires that such matters must be placed before the same judge, if he is available."

 

 

(3) Benefits of Lady Finger  

Mr U.C. Desai, Ahemdabad  has sent the following useful information:-


 

Top Five Benefits Of lady finger :

 

High fiber content 
The dietary fiber content of an Okra / lady finger is known to be high and hence many health specialists recommend it for digestive benefits. The fibers aid the process of digestion in the body by facilitating proper bowel movement.

Prevent Diabetes 
Okra is known to aid in prevention of diabetes. It is rich in Fibre which helps in the prevention of this disease. 

Good folates content 
Folates present in Okra reduce the neural tube defects in a new born baby. So it is highly recommended for women during pre conception period or pregnancy. 

Vitamin K benefits 
Vitamin K is a co-factor in blood-clotting process and also plays a major role in strengthening the bones in our body. 

Prevent Asthma 
Asthma can also be treated by including Okra / lady fingers in your meals. People diagnosed with asthma are strongly suggested to consume Okra. 


From U.C.Desai :Arogyaganga(M)09374556625 (Ahmedabad)

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DRT Solutions Weekly Mail – 345th Issue dated 19th December ’14

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

 

(1) DRTs – More Pain for Banks 

The following news item is self explanatory:-

Debt recovery tribunals: More pain than gains for banks

Experts suggest that the law should be strengthened to ensure mandatory time bound disposal of cases

Somasroy Chakraborty  |  Kolkata  

December 17, 2014 Last Updated at 00:48 IST

http://www.business-standard.com/article/finance/debt-recovery-tribunals-more-pains-than-gains-for-banks-114121600139_1.html

 

The functioning of debt recovery tribunals (DRTs), created to help financial institutions recover dues speedily without being subjected to the lengthy procedures of usual civil courts, appears to cause more pain than gain for banks.

Consider this: The amount recovered from cases decided in 2013-14 under DRTs was Rs 30,950 crore, while the outstanding value of debt sought to be recovered was Rs 2,36,600 crore. In other words, recovery was only 13 per cent of the amount at stake. Also, while the law indicates that cases before DRTs must be disposed off in six months, only about a fourth of the cases pending at the beginning of the year were disposed during the year.

“The functioning of DRTs needs to improve to ensure
 banksare able to recover their existing loans and offer fresh advances at cheaper rates... In the current scheme of things, there is no mechanism in place to ensure that the tribunal disposes the case in a timely manner. There is a strong need to bring in more accountability for the DRT,” said Shashwat Sharma, partner (management consulting), KPMG in India.

One problem is the small number of DRTs and Debt Recovery Appellate Tribunals, where judgments of DRTs can be appealed. While there are 33 DRTs, there are only five Debt Recovery Appellate Tribunals in the country. “There is certainly a need for more number of DRTs. The biggest challenge, it appears, is their ability to deal with a subject with speed. The system that was designed is clearly not working. Probably, there should be a feedback mechanism and people involved with DRTs should be encouraged to point out the areas of pain,” said Ashvin Parekh, managing partner at Ashvin Parekh Advisory Services.

Deepak Haria, senior director at Deloitte in India, echoed a similar view. “The challenge is that our judicial system is both clogged and inadequate in infrastructure, which slows down any redressal. Recovery can be speeded up only when there is a fixed time-frame for all disposals, and realisation of assets could be speeded up by having special courts to deal with such recoveries,” he said.

A consequence of this is credit cost increases even for borrowers who repay loans on time. For instance, banks now demand a credit-risk premium of close to six per cent from power companies to compensate for the risk of default. The average interest rate on loans to these companies is close to 14 per cent.

The functioning of DRTs is also keeping the Reserve Bank of India (RBI) worried. “If bankers cannot get their money back, they are not going to give you loans at cheap price. So, making sure debt recovery tribunals work better, making sure that you don’t have excess number of stays, excess number of appeals – that is what we need to focus on,”
 RBI governor Raghuram Rajan said earlier this month following the central bank's fifth bi-monthly monetary policy review.

Experts suggest that the law should be strengthened to ensure mandatory time-bound disposal of cases. Also, performance indicators of the adjudicating officer could be used to improve the efficiency of the system. A few recommended that stay petitions should be analysed before being accepted as there have been instances where advocates exploit the loopholes of the Act and plead for stays, leading to piling up of cases.

 

(2) Half of India’s 500 Top Companies in Debt Trouble Banks 

The following news item is self explanatory:-

Half of India’s 500 top companies in debt trouble

Hindustan Times  Mumbai, December 03, 2014

First Published: 23:36 IST(3/12/2014) | Last Updated: 01:20 IST(4/12/2014)

https://www.google.com/url?rct=j&sa=t&url=http://www.hindustantimes.com/business-news/half-of-india-s-500-top-cos-in-debt-trouble-need-rs-7-lakh-cr-to-recover/article1-1292987.aspx&ct=ga&cd=CAEYAioSNzE2MTAwNzE5MDgyNzc2NDI5Mhw2NTdkNGZjNmQ5Y2U2NzRmOmNvLmluOmVuOklO&usg=AFQjCNG3YWf78R-dazJXi-2qWlYTY6qkVQ

More than Rs. 7 lakh crore would be needed as equity infusion to correct the debt-high balance sheets of at least half of India’s 500 top corporate borrowers, posing a stiff challenge to the regulators, who have been debating on the methods to improve the financial position of Indian lenders.

According to a study by India Ratings and Research, such an equity investment would take three years to complete, while it would take more than double that time for stressed companies, which have been classified non-performing by banks. “At least 63 corporates in this stressed group may require minimum equity requirement of Rs2.4 lakh crore to barely survive or improve the likelihood of them continuing,” said Deep Mukherjee, senior director, India Ratings.

The study said that raising even a portion of the equity to correct the debt imbalance would be challenging as most of the 96 known stressed companies are close to being insolvent.

RBI governor Raghuram Rajan pitched the issue against defaulting promoters in a recent speech. “What I am warning against is the uneven sharing of risk... where promoters have a class of “super” equity, which retains all the upside in good times and very little of the downside in bad times, while public sector banks hold “junior” debt and get none of the fat returns in good times while absorbing much of the losses in bad times.”

The RBI has also pointed out that the Debts Recovery Tribunals, set up to help banks and financial institutions recover their dues, have under-performed. The amount recovered from cases in 2013-14 under DRTs was Rs. 30,590 crore, while the outstanding debt to be recovered was Rs. 236,600 crore.

(3) High Fitness Levels Reduce Hypertension Risk

 

The following news item is useful and self explanatory:-

High fitness levels reduce hypertension risk

http://www.medicalnewstoday.com/articles/287109.php

The study, published in the Journal of the American Heart Association, examined the association of fitness with hypertension among participants undergoing treadmill stress tests to rule out ischemia as a cause of chest pain or shortness of breath.

"If you're exercising and you're fit, your chances of developing hypertension are much less than someone else who has the same characteristics but isn't fit," says Dr. Mouaz H. Al-Mallah, senior author of the study.

Normal blood pressure is below 120/80 mm Hg - the first number (systolic measurement) represents peak pressure in the arteries and the second number (diastolic measurement) represents minimum pressure in the arteries. Blood pressure is considered to be high when it is greater than 140/90 mm Hg.

There are two types of hypertension. While secondary hypertension appears suddenly and is caused by underlying conditions such as kidney or thyroid problems, primary hypertension has no identifiable cause and develops gradually over the course of many years.

In the US, hypertension affects 1 in 3 adults. According to the American Heart Association (AHA), 78 million people in the country have been diagnosed with the condition.

"Hypertension is associated with a lot of other illnesses and adds significantly to health care costs," explains Dr. Al-Mallah, "so we need to know how we can reduce it."

Measuring physical fitness and high blood pressure

The researchers assessed 57,284 participants from the Henry Ford Exercise Testing (FIT) Project, from 1991-2009, taking treadmill stress tests. Of these, 35,175 participants had a history of hypertension.

The team measured the physical fitness of the participants by estimating how much oxygen their bodies used per kg ofbody weight per minute, and thus how much energy they burned in metabolic equivalents (METs).

With 1 MET representing the amount of energy expended by the body at rest, a large number of METs reflects a high-intensity workout.

The researchers observed that participants whose most intense exercise was less than 6 METs had more than a 70% likelihood of having hypertension at the start of the study. Conversely, participants whose maximal exercise output was 12 METs were less than 50% likely to have hypertension.

During the stress test, participants who managed to reach 12 METs or more were 20% less likely to develop hypertension compared with participants who reached less than 6 METs.

A total of 8,053 new cases of hypertension were reported in participants' medical records and administrative claims during the study's follow-up period. Of these new cases, 49% were among participants with the lowest fitness (less than 6 METs), and only 21% were among participants with the highest fitness (more than 12 METs).

Fitness: a 'strong predictor' of hypertension

Although the study uses a large and diverse population sample, the participants were all originally referred for a stress test, indicating that their initial cardiovascular disease risk would be greater than that of the general population, potentially hindering the generalizability of the findings. The study was also limited by a lack of measuring incidental hypertension in a clinical setting.

Dr. Al-Mallah states that further study is required in order to determine how increasing and decreasing fitness levels affect the risk of hypertension over time. Physical activity was not formally assessed in the study, and this could be addressed in future research as well.

Hypertension is a major risk factor for cardiovascular disease, the number one cause of premature mortality in the developed world. High levels of exercise have been associated with protecting the body from certain health conditions, and now this study suggests adding hypertension to the list.

"Fitness is a strong predictor of who develops hypertension and who does not," says Dr. Al-Mallah. "This is a clear message to everyone: patients, physicians and lawmakers. It's very important to be fit."

Medical News Today also recently reported on a study suggesting that sugars may contribute more to hypertension risk than salt.

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DRT Solutions Weekly Mail – 344th Issue dated 12th December ’14


 

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(1) Company under Winding UP – Queries Regarding - DRT Proceedings & Counter-claim

 

Queries on the above topic and our replies are as under:-

Query -.When is a company actually wound up? Is it wound up as soon as the liquidator is appointed or the registrar of company affairs strikes the name from the list?

Our Comment 

(1) In case of voluntary winding up, the winding up commences at the time of passing of the resolution.

(2) In other cases, the winding up commences, the moment petition for winding up is presented before the Tribunal.

(3) After implementing all formalities as per law, the winding up will be complete when the Tribunal finally makes an order for dissolution of the company.

 

Query - When the company has been taken over by the liquidator, who can file the counter claim in DRT?

Our Comment  The liquidator can file the counter-claim in DRT

 

Query - Can one of the erstwhile directors (who is also the guarantor) file the counter claim in DRT against the financial institution?

Our Comment  He can file the counter-claim in DRT for the loss and damages suffered personally and specifically while acting as guarantor.

 

Query - What will happen to the counter claim filed by the erstwhile director and guarantor if the banks withdraws the claim against the guarantors?

Our Comment  The said counter-claim may continue if the claimant does not decide to withdraw.

 

Query - When the liquidation proceeding are on, and the case is also pending in DRT with counter claim, is it not the responsibility of the liquidator to takeup the same in DRT and fight out, more so the statement of affairs contains the details of counter claim?

Our Comment  Yes, it is the duty and responsibility of the liquidator  to file and contest the said counter-claim.

 

Query - Should not the liquidator inform the company court about the proceedings in DRT and not seek of the company court permission to auction the assets.

Our Comment – Yes, the liquidator has to inform the competent court about the proceedings in DRT and to obtain necessary orders pertaining to the auction, if any.

 

Query  - What are the duties of the liquidator and the role of the liquidator?

Our Comment – He shall conduct proceedings in the winding up of the Company and perform such duties in relation thereto as the Tribunal may specify in this behalf.

 

Query  - When the ex-parte order by the DRT has been set aside, is it not the responsibility of the liquidator to participate in DRT proceedings?

Our Comment – Yes, he shall have to participate.

 

(2) Govt to Set Up 6 DRTs 

The following news item is self explanatory:-

Govt to set up 6 Debt Recovery Tribunals

PTI | Dec 10, 2014, 11.06PM IST

 

http://timesofindia.indiatimes.com/business/india-business/Govt-to-set-up-6-Debt-Recovery-Tribunals/articleshow/45461405.cms

 

NEW DELHI: The government on Wednesday approved setting up of six new Debt Recovery Tribunals (DRTs) to expedite cases pertaining to bad loans. 

The Cabinet has cleared setting up DRTs in Chandigarh, Bengaluru, Ernakulam, Dehradun, Siliguri and Hyderabad, an official statement said. 

"A study conducted through Indian Banks Association (IBA) in consultation with all stakeholders, recommended rationalisation of jurisdiction of some DRTs and setting up of six more DRTs," it said. 

The number of cases pending with DRTs is over 50,000 and they are increasing, it said. 

In the Budget 2014-15 speech, finance minister Arun Jaitley had said that the rising non performing assets of public sector Banks is a matter of concern for the government. 

He had mentioned the six cities where DRTs would come up. The 
Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDDBFI Act) was enacted to provide for the establishment of Debt Recovery Tribunals (DRTs) and Debt Recovery Appellate Tribunals (DRATs) for expeditious adjudication and recovery of debts due to banks and financial institutions. 

After the enactment of the SARFAESI Act 2002, DRTs have got the Appellate jurisdiction.

 

(3) Supreme Court Wants to Run Our Country – Thus Exceeding Its Constitutional Mandate

The following news item is useful and self explanatory:-

 

Supreme Court wants to run the country: Top court is exceeding its constitutional mandate

http://www.firstpost.com/india/supreme-court-wants-to-run-the-country-top-court-is-exceeding-its-constitutional-mandate-1839383.html

 

About a week ago, the Supreme Court decided to set up a social justice bench. Among other things, it gave the bench this brief: “To mention summarily about the release of surplus food grains lying in stocks for the use of people living in the drought-affected areas, to frame a fresh scheme for public distribution of food grains, to take steps to prevent untimely death of women and children for want of nutritious food, providing hygienic meal besides issues relating to children, to provide night shelter to (the) destitute and homeless, to provide medical facilities to all the citizens irrespective of their economic condition, to provide hygienic drinking water, to provide safety and secure living condition(s) for the fair gender who are forced into prostitution, etc.”

Who can disagree with these laudable social objectives?

The real question though is about the Supreme Court’s Court’s intentions in extending its mandate endlessly – especially into areas involving policy and its implementation.

If the highest court is going to chase black money, oversee criminal investigation,order the inter-linking of riversmonitor the cleaning up of the Ganga, appoint all the judges of the court through its own opaque processes, decide what penalties should be levied on illegal coal block allocations, insist that 2G spectrum can only be sold by auction, and how much food stock the centre should hold, why have a government at all? The Supreme Court should decide that the politicians elected by the people in this democracy are all incompetent and do the job itself. This is what it more or less did often when the UPA was in power; it can now make this explicit.

Supreme Court of India. Reuters

But these are the kinds of observations and orders the Supreme Court has been announcing regularly of late. While some of the orders may be borderline cases, some others are a clear violation of the separation of powers between executive, legislature and the judiciary. So one has to ask whether the court, whose job it is to protect the constitution, is in breach of it mandate in spirit if not in letter.

The Supreme Court’s job is to interpret the law and also ensure that the fundamental rights of citizens are not violated. It can strike down a law that it believes is not in keeping with the basic structure of the constitution, but it has no right to be dictating what laws the government should make, and how they should be implemented. Even if it has observations to make on how the government is faring, it has no business trying to second-guess the government’s options and insist that it alone will decide what is right and what is wrong.

It is not the job of an unelected judiciary to tie down the hands of an elected government in the name of social justice, anti-corruption or any other populist slogan.

Consider the kind of tendentious language included in the 2011 Supreme Court judgment that outlawed the Chhattisgarh government’s use of Salwa Judum irregulars to combat the Maoist menace. While the main judgment was certainly right, the court also made needless comments on economic policy. Among other things, it made caustic remarks against “amoral” government policies, “predatory capitalism” and the “culture of unrestrained selfishness and greed spawned by modern neo-liberaleconomic ideology.”

How is it the Supreme Court’s job to tell any government whether it should follow neo-liberal or market-oriented or socialist policies? When the whole of India has been following so-called “neo-liberal” policies at least since 1991, the benefits of which have been obvious to everyone except *maybe) some of their lordships, how can it make such tendentious comments in its judgment?

In the more recent comments on black money, the Chief Justice of India, HL Dattu, went overboard when he asked the government why it was “trying to protect people having bank accounts in foreign countries….”. It further went on tell the government not to do anything, as it will take over the black money probe: “You do not do anything. Just pass information of account holders to us and we will pass (an) order for further probe. We can't leave the issue of bringing back black money to government.”

Next day, the court had metaphorical egg on its face when it was discovered that the government had already passed on all information about the Swiss bank account-holders to the court-appointed Special Investigation Team (SIT). But is it the court’s job to say we will chase black money, you (the government) should stay away?

Then again, consider what it said about the cleaning of the Ganga. It expressed no-confidence in the government’s ability to do the job, and said: “It is better if you can show us a PowerPoint presentation. Also, fix milestones so that we can assess the progress,” a bench of Justices TS Thakur and R. Banumathi, said earlier this year.

Or take the Subrata Roy case. The boss of the shadowy Sahara group has spent more than nine months in jail at the instance of the Supreme Court, but possibly without clarity on which law has put him there. If the general rule is bail and not jail for alleged offenders, why is Subrata Roy in jail, when his apparent crime was flouting of a Supreme Court order of August 2012, which asked him to repay Rs 24,000-and-odd crore to Sebi, to be refunded to bona fide investors. Is Roy in jail for contempt or court, or for his inability (or unwillingness) to pay Sebi? If it is for contempt, why didn’t the Supreme Court say so, and specify how long he will be there? And if it is for non-payment to Sebi, why hasn’t the court done anything to put the group under an administrator to liquidate the assets and recover the money?

Is the Supreme Court clear why it has put a man in jail for nine months without even an FIR being filed against him? Is it on the right side of the law, or is it merely using its judicial discretion to put someone in prison? (Note: This writer has always been critical of Roy’s attempts to defy the court, so we have no sympathy for his current troubles, but the issue is this: is the Supreme Court following the law or something else?)

In fact, where there was a clear case of contempt – as when lawyer Shanti Bhushan said in open court that eight of the 16 past chief justices of the Supreme Court were corrupt – the court sat still in embarrassed silence. This was a case of clear contempt, but the court simply did not have the courage of its convictions and send either of the two Bhushans, father Shanti and son Prashant, for talking of judicial corruption in such stark terms.

It is difficult to escape the conclusion that the court did not want attention on corruption in the judiciary to take centre-stage and hence chose to keep quiet about it rather than salvage its reputation by taking the Bhushans to task.

Or take the Supreme Court’s collegium system – one of those rare systems in the world where judges appoint themselves through an opaque selection process. Articles 124 and 217 of the constitution say that judges to the Supreme Court will be appointed by the government (ie, the president) in consultation with the CJI. But the collegium system is the exact reverse: the judges decide who will be appointed judge, and the government just has to say yes.

Clearly, the collegium system is not in sync with what the constitution really mandates.

And now, by taking on a social justice agenda, the court will probably be foraying into more areas of policy when it has not fulfilled its more basic duty of speeding up the delivery of justice – which is clearly a social justice issue that should come well before issues like malnutrition and prostitution. Over the last three years, the pendency of cases before the Supreme Court has not moved one bit downward, hovering between 64,000-66,000 in most months. But the court’s vacation system remains untouched by reform: it spends more than 90 days a year vacationing (not counting weekends and national holidays), including a massive 49 days of summer vacation this year. The Supreme Court does not work any more than the average primary school. Maybe, if the court cut down its own holidays, and stopped entertaining too many public interest litigations (PILs) in the name of social justice, it would deliver faster justice.

And, lastly, it is not as if the Supreme Court has been coming out with flying colours on the social justice agenda as well. In December 2013, a bench of the court overturned a progressive Delhi High Court judgment of 2009 which had struck down section 377 of the Indian Penal Code that made even consenting gay sex a crime. The court failed in its primary job of protecting the fundamental rights of citizens by finding no “unconstitutionality” in section 377. It failed social justice when the issue was served up to it on a platter.

In the section 377 case, the Supreme Court was happy to lob the social hot potato back to the legislature. But in many other cases, where it had popular support, it was happy to take the job away from the executive and the legislature.

The Supreme Court needs to read the constitution again and clearly delineate matters that are in its ambit and those that are not. Over the last 25 years, when weak coalition governments were the norm, the court got into areas normally meant for the executive. Maybe, the executive was happy to leave difficult decisions to the court, possibly to escape political responsibility for the same.

But there is now a government with the mandate and the numbers to take decisions. It is time the Supreme Court focused on what it has to do and let the government do what it has the mandate to do.

 

(4) Health Benefits of Beetroots 

 

Mr UC Desai, Ahemdabad has sent the following useful item:-

The Health Benefits of Beetroots


Not only are they delicious, beets are also packed full of vitamins and nutrients. Their rich content turns them into a powerfully medicinal food, with various beneficial properties. As early as the Middle Ages, they were used for treatment of digestion and circulatory issues.

1. Arthritis – In moderation, beets help prevent arthritis by dissolving deposits that accumulate around the joints, thanks to the high alkaline contents.

2. Anemia – The high levels of phosphorous, zinc, iodine, copper, calcium and potassium, combined with fat, vitamins (B1, B2, B6, P and niacin) help keep hemoglobin levels high.

3. Inflammation – Thanks to a moderate amount of choline, beetroot helps maintain your muscles, memory, and cognitive functions, as well as help with insomnia. Choline also helps sustain the structure of the cellular membranes and assists in impulse transmissions. Combine it with its ability to absorb fat, beetroot becomes an effective anti-inflammatory.

4. Heart disease – Rich, in nitric acid, beetroot helps your blood vessels relax remain dilated, which prevents heart diseases caused by insufficient blood flow.

5. Dementia – A recent study performed in the Wake Forest University confirmed that raw beet juice helps oxygenation in the brain. This helps maintain the brain in a healthy capacity, preventing the onset of dementia.

6. High blood pressure – The nitrate in beetroot gets converted into nitric oxide – a key compound in relaxation and widening of blood vessels. This process is highly beneficial to blood flow and circulation.

7. Arteriosclerosis – Nitric oxide’s benefits also help prevent and reduce the risk of arterial diseases like Arteriosclerosis.

8. Diabetes – Alpha-lipoic acid, an antioxidant that lowers glucose levels are abundant in beets. It’s effective in reducing stress-induced changes in diabetics.
 9. Anti-carcinogenic – The beetroot’s distinct color comes from phytonutrients. These nutrients combat and help with the prevention of cancer. Research have shown that in some cases, beetroot extract was effective in reducing multi-organ tumors. It is believed to be effective in treating breast, prostate, and pancreatic cancers.

10. Low stamina – Raw beet juice helps the muscles to oxygenate, helping us improve exercise tolerance. A regular intake of raw beetroot will help those with metabolic, respiratory and cardiovascular issues which cannot exert themselves to return to regular exercise in a short period.

from U.C.Desai (M)09374556625 Ahmedabad

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DRT Solutions Weekly Mail – 343rd Issue dated 5th December ’14

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


 

(1) Arbitration – Untouched by Reforms  

The following article is self explanatory:-

Untouched by reforms

Arbitration awards are dragged into regular courts slowing down the legal process

M J Antony  

December 2, 2014 Last Updated at 21:48 IST

http://www.business-standard.com/article/opinion/m-j-antony-untouched-by-reforms-114120201302_1.html

Though arbitration is held out as a speedy and cheaper alternative disputes resolution mechanism, recent Supreme Court judgments have lamented that it has proved to be "highly expensive and time-consuming in this country" (Dolphin Drilling vs ONGC). It has even rued that "the way the proceedings are conducted and without exception challenged in the courts has made lawyers laugh and philosophers weep."(Gurunanak Foundation vs Rattan Singh).

Several vague provisions in the Arbitration and Conciliation Act, not to speak of the arcane terms in the bulky contracts, make this field a corporate lawyer's delight. The 1996 Act modelled on the 
United Nations Commission on International Trade Law or UNCITRAL has run deep into legal muddle as seen from recent judgments of the high courts and the Supreme Court. By drawing every little issue to the courts, arbitration has become another tier in civil litigation.

Last week, the Supreme Court delivered a typical judgment in which the dispute started around 1995, the award was delivered in 2005, the first challenge before the single judge of the Delhi High Court was decided in 2006 and the appeal before the same court was decided in 2012 (Associate Builders vs DDA). The journey is probably not over; there are two more last-mile leaps to correct errors, if any, committed by the judges before - a review petition and a "curative petition".

The Act limits appeals against arbitral awards in Section 34. However, that wordy provision has not deterred appeals and the Associated Builders judgment cites some 20 precedents on this question. An award can be challenged if it is against the "fundamental policy of Indian law or interest of India or contrary to justice and morality." These are elastic phrases that can be moulded into any shape in the hands of the judges in individual cases.

For instance, there is a lengthy discussion on what is "morality", a woolly idea, which is playing havoc outside the court. The 
Indian Contract Act also uses this word and it means only "sexual morality". In the context of arbitration law, the judgment clarified that morality would mean "the enforcement of an award, say, for specific performance of a contract involved in prostitution." The judges further clarified that the court would interfere with such awards "only if something shocks the court's conscience." A discussion on what is the "fundamental policy of India" and what is against the "interest of India" is as murky as the air in the Chief Justice's court (which was found to have four times more than the permitted levels of pollution last Friday).

Despite the bar on court interference, the Supreme Court hears and decides a score and more appeals in arbitration cases every year. The high courts have their own heavy dockets. Appointment of arbitrators, for instance, is the first contentious issue. In the recent Reliance KG gas price row, this process took nearly two years, with one long Supreme Court judgment hastily withdrawn because some facts were overlooked by the judges.

Then a question is often raised whether there is an arbitration clause at all in the contract. Even the best draftsmen are not free from errors, negligence or deliberate mystification. Another recurrent disagreement is over the jurisdiction of the arbitral tribunal. Other nettlesome issues that stall arbitration till the courts deliver the last word are: the conduct of the arbitrators, the governing law in international contracts and enforcement of foreign awards.

The Law Commission, in its 246th report on amendments to the existing law, has made several suggestions, including a fixed fee structure to beat the soaring cost of arbitration. The proposed schedule of model fee would be as impracticable as the little known one for Supreme Court lawyers. There are nearly a hundred proposals to improve the 1996 Act.

An earlier attempt to update the law on the basis of the 176th report failed since the amendments were passed by the Rajya Sabha in 2003, but the standing committee wanted to improve on the Bill, which ultimately lapsed. Another opportunity has come now to infuse faith into arbitration but the moot question is whether it would meet the same fate as its predecessor.

(2) Reforming the Legal and Judicial System in India  

The following report is useful and important:-

Reforming the Legal and

Judicial System in India

Collective inputs from over 170,000 Indian Citizens in circle

Transform India with Modi

(Current State Issues, Root Causes and Proposed Solutions)

November 27, 2014

Legal and Judicial System in India

Background

Some of the laws made in the British era are still prevalent. People think that the legal

system of our country is for the riches only. A common man is scared to seek help from the

system as he is scared of the unknown. The 173,000+ strong “Transform India with

Narendra Modi” online community has come together to collectively identify the key issues, root causes and solutions for the Legal and Judicial System in India and the community

expects that the Government will work towards implementing the identified solutions.

Issues Identified:

1. The legal process is too long and Cases are dragged for years

2. In some cases, the accused is made to serve a sentence for months before the court

pronounces him ‘not-guilty’

3. Too many holidays for the court

4. A huge number of pending cases in the courts

5. There is a lot of corruption in the judiciary

6. Archaic laws which do not have any meaning now

7. Tremendous delays in delivery of justice due to a lethargic judicial system

8. The legal proceedings turn out to be very costly today

9. A lot of unhealthy tactics used by lawyers to delay cases

10. Loop holes are easily found in our existing legal system which is used by lawyers

11. Shortage of judges

12. Gram Adalat and Lok Adalat do not have enough powers

13. The legal curriculum is outdated

14. There is no limit to the adjournment of the cases

15. Most of the time, strict punishment is not given for grave crimes

16. Management of documents is not efficient

17. Filing an FIR is a difficult process

18. General public is afraid to go to the police

Root Causes Identified:

1. Over-burdened lower Judiciary

2. Non-implementation of judicial reforms

3. Lack of technological interventions in the process

4. Unavailability of alternative dispute redressal mechanism

5. Lack of proper infrastructure

6. No legal frame work for time bound justice deliverability

7. A large number of pending cases are against the Government itself

8. Large number of obsolete laws

9. Lower conviction rate due to non-professional investigation and prosecution

10. Computerisation of the system hasn’t been done fully yet

11. The reputation of the police department is not good in the eyes of general public

12. Police doesn’t want to file FIRs because then they become accountable

13. Lack of awareness about the judicial system among people

14. Law breakers are allowed to become politicians and they influence judiciary later

15. No limitation to the number of cases taken up per day in lower courts

16. The law is many a times misused by guardians of law

17. A lot of times the judiciary does not have sector expertise related to the cases which

hampers/ delays the verdict

18. The accused always has the option of appealing in the higher court

19. Low literacy rate doesn’t allow a lot of people to understand the judicial system

20. Laws are very complex

21. Corrupt nexus between lawyers and judiciary in the lower courts

22. Delay in filing well prepared charge sheet in courts by Police

Solutions Identified:

1. More courts should be opened and more judges appointed

2. There should be defined rules for conduct of Judges

3. Adjournments for flimsy and false reasons should be punishable....both for the

Judges and Lawyers

4. Information technology should be used to ease the processes and bring

transparency/reduce corruption

5. The case files should be all computerised

6. All court proceedings should be video recorded

7. Filing of online FIRs should be implemented

8. More authority to be given to lower courts to close cases

9. Cases should be put into different categories and every category should have a time

limit in which each case is to be closed

10. Media campaigns should be done to make people aware about the judicial system

and its implications

11. People having criminal cases against them should not be allowed to contest

elections

12. A set number of cases should be taken up by the lower courts everyday

13. Leaves for the judiciary system should be reduced

14. Judicial categories with sector expertise could be developed so that the cases could

be closed quickly

15. The system of appealing in higher courts should be relooked at

16. Time limits should be specified for filing a charge sheet by police

17. Laws must be framed with absolute clarity and should have no room for

misinterpretation

18. Laws need to be made comprehensive in nature and simpler in the process

19. Old laws should be changed according to 21st century

20. Like IAS and IFS, another wing called IIS (Indian Investigative Services) should be

launched

21. Some of the retired judges should be allotted responsibility of overseeing the lower

courts and help in quick closure of cases

22. A separate tribunal should be created for the property cases since quick redressal is

impossible

23. Release all under trials who have spent more time in jail than required by the

committed crime

24. Amend law to punish and penalize all those who lie and change statement and use

system to their advantage

25. Lok Adalats should be made standing, regular, full-fledged courts with their

procedures being fast, simple and short and aimed primarily at mediation and

conciliation

26. Institute fast tracking Courts for females and children related cases

27. The Indian Central Jail system should be completely re-looked

(3) Diabetes – Early Detection & Reversal 

 

Mr Firoz Poonawalla has sent the following useful piece:-

Early Detection of Diabetes and How to Reverse

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

Diabetes is one of the most prevalent new epidemics in the world, and one of the fastest growing diseases. One of the main reasons for this is the unhealthy lifestyle and habits that are forming by modern living. 

It is of immense importance that everyone is aware of the signs of type II diabetes, because the best way to avoid the disease is to make an early detection and engage in actions that will prevent the diabetes from developing.

The general term for these signs is 'pre-diabetes'.  The blood sugar levels are not yet on a full blown diabetes level, and can still be reversed. 

So first, know the symptoms:

* Feeling thirsty even after drinking a lot

* Feeling weak even after resting for a sufficient amount of hours.

* Urinating more frequently, especially at night.

* Gaining weight despite no change in diet and even with
   exercising.

* Feeling hungry again minutes after eating.

* Skin infections take a very long time to heal.

* Blurred night vision.

Tests that help in early detection:

If you recognize in yourself two or more of these symptoms, then it is crucial that you have yourself tested to see if you are indeed on the path to diabetes. There are basically 2 tests you can take:

1. Fasting Plasma Glucose Test:

This test requires you to fast for about 8-10 hours. It would be best to give your blood sample in the early morning before breakfast. This test checks your how well your body maintains glucose levels and interacts with it. If your results show that your blood glucose levels are between 100-125 ml/dl, then you are either pre-diabetic or already suffering from early diabetes. If they blood sugar levels are less than 100 ml/dl, then you are safe from the disease.

2. Oral Glucose Test

Two hours after your breakfast or lunch, the lab technician will take a blood sample. If the test results show your blood sugar level between 140-199 ml/dl, then you are pre-diabetic. If it is less than 140 - you are free from it. 

Don't panic if your test results reveal that you are a pre-diabetic, there are still ways to reverse the process.

How to Reverse the Symptoms of Diabetes:

Many will suggest you start taking medication to solve your pre-diabetes problem. While these medications will lower your blood-sugar levels, they are not a long term solution. A long term reversal of the symptoms requires:

1. Daily exercise:

If you have pre-diabetic symptoms, it's crucial that you start exercising every day. This will help your muscles to become less dependant on insulin, and will help maintain your blood sugar level. Put aside 30-45 minutes a day for exercise. 

2. Watch you carb consumption.

To reverse the symptoms, cut down on your simple carbs, as the body will break them down to fats and energy that will be converted to fat. You need complex carbs like multi-grain bread, wheat bread, brown pasta, brown rice and boiled potatos. Exclude white bread, candy, chocolate, pasta, rice, cookies and cakes from your daily consumption.

3. Drink LOTS of water.

I can't stress this enough - stay hydrated. You need to drink 8-10 glasses of water a day to wash the toxins from your body through urination.

4. Change to a high fiber diet

Fiber doesn't only bring down your blood sugar levels but will also help you lose weight. A high fiber diet with plenty of water will make you feel full without raising your blood sugar levels. Legumes, raw fruit and vegetables have a high amount of fiber in them.

5. Don't Let Stress Get to You.

This may be the hardest one. You must avoid high stress levels if you wish to reverse your diabetes symptoms. Practice yoga, try meditating and get plenty of sleep. 

These are the natural ways to fight early diabetes, and have no side effects. So make sure you stick to a healthy diet, daily exercise and watch what you eat to keep diabetes away.

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DRT Solutions Weekly Mail – 342nd Issue dated 28th November ’14

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

 


 

(1) Scope of Sec 17 of Securitization Act 

 

It is observed that still the courts and litigants have confusion and misconceptions about the scope of Sec 17 of the Securitisation Act. Our views are as under:-

(a)   As per the Tiwari Committee on whose recommendations the DRTs were conceived and constituted vide page 77 of the relevant report of RBI published in 1984, the Advocates and Judges in DRTs were to be such persons having specialized knowledge in the functioning of banks, financial institutions and industry. The RDDBFI Act was enacted in 1993 and SARFAESI Act was enacted in 2002 but till date neither proper Advocates and Judges have been posted nor the existing lot have been trained.

(b)   Despite clearcut verdict of the Supreme Court more than 15 years back, the Tribunals (so also DRTs) were to be transferred from the parent Ministries (in case of DRTs from the Ministry of Finance) to Law Ministry. This has not yet been done. As a result of lot of illegalities are being committed by the Ministry of Finance in favour of Banks and Financial Institutions e.g. ex-Bank Officials are being posted as the Judges and Recovery Officers, Ministry of Finance is holding meetings of the DRT Judges and issuing instructions to them regularly, Finance Minister and the RBI Governor unauthorisedly are making statements pressurizing the DRTs to expedite the adjudication process etc.

(c)   The above has openly created a biased judicial mindset in DRTs in favour of Banks which is clearly against the Constitution of India.

(d)   Nobody can be left remediless. The Industrial and business community which borrows money from the Banks and the Financial Institution is creating wealth and earning money for the nation by way of interest on the said loans as well as the huge taxes which are paid by them. Out of such money only Judges of DRTs are getting their salaries and the advocates are getting their professional charges. When everything is going on well, everybody is happy and takes credit but when there are problems (most of which are beyond control of the business and industrial community), everybody becomes against them. As per the law contained in Govt policies and the RBI Guidelines, the said loans are sanctioned only when the project is financially viable i.e. the interest is earned and then paid as well as the installments are earned and then paid. So recovery of loans along with the interest is out of the earnings and hence no tangible security or collateral should be taken or insisted upon. In the period of problems, the banks and FIs should help by way of restructuring, rehabilitating or modifying the business so that again there are earnings but in no case recovery should be out of the securities. If that is not done it amounts to wrong doing resulting into huge loss and damages which are liable to be claimed by way of counter-claim. In DRT Act there is express provision of counter-claim. In the SARFAESI Act, there is a supporting verdict of DRAT Delhi. In all the cases, the said counter-claim is much more than the claim of the Banks and FIs resulting into “No Debt Due”  It is needless to mention that such counter-claims of multimillion dollars are quite common in USA vide para 1.01 of the book “Lender Liability and Banking Litigation” – by Edward F. Mannino originally published in 1989 and updated in 2010 by Law Journal Press, Newyork. Five of the ten largest judgments nationally entered in 1987 in USA were against lenders.

(e)   In view of above we have been emphasizing that when perfect pleadings including the counter-claim have been made in the application under Sec 17 of the SARFAESI Act and the borrower’s advocate has full knowledge about the banking, industry, finance, law of torts and the damages, the borrower is entitled to have full trial in DRT. It is needless to mention that the banking litigation is based on documents all of which are in full power and possession of the lender.

(f)    In this connection the following para at page 842 of the 5th Edition of the book ”Law & Practice of Securitisation - -“ by Dr R.G. Chaturvedi is quite relevant:-

“The powers of the Tribunal under section 17 are sumptuous, virtually embracing all such incidental or ancillary powers vested in or excercisable by any civil court while trying an original suit relating to or involving some propery.”

(g)   The Supreme Court in the matter of Mardia, in para (59) has stated as under:- 

(59).               We may like to observe that proceedings under Section 17 of the Act,  in fact are not appellate proceedings.   It seems to be a misnomer.  In fact it is the initial action which is brought before a Forum as prescribed under the Act, raising grievance  against the action or measures taken by one of the parties to the contract.  It is the stage of initial proceeding like filing a suit in civil court.   As a matter of fact proceedings under Section 17 of the Act are in lieu of a civil suit which remedy is ordinarily available but for the bar under Section 34 of the Act in the present case.”

(h)   Thus in view of above, the DRT has to deal with the application u/s 17 just like a trial court. It has to be a full trial for complete justice. It is more so due to there being virtually no appeal u/s 18 due to minimum deposit of 25% of claim amount, which is impossible otherwise the account would have never turned into a NPA. This is mandate and guarantee of our constitution. Treating proceedings u/s 17 as execution proceedings is a misconception.

(2) ICICI Bank Fraud  

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

ICICI bank fraud 

Received from a friend.......
===================

ICICI bank fraud in my own account - Please beware - Urgent and Important

The below mentioned fraud happened in my account a few days back and I
thought I should take up this opportunity to warn each one of you so that
you and your family can take necessary step to stay protected and safeguard
the hard earned money in the Bank account.

The Incident:

On the 6th January 2011, I made a transaction in my account and reconciled
my account on the internet banking (as I regularly do after a transaction,
to check if the account wasn't swiped twice).   I was getting late for a
commitment and therefore it did not strike me that I had not got any mobile
alert or email notification for the debit in my account. I did not smell
anything fishy.

On the 7th January 2011, it was Business as Usual and then I was off to
Dehradun on the 8th morning to spend the weekend with my family, sister and
Brother-in-law who had come down from Boston. On the 10th , SNF   had a
client visit and with the traffic jams spanning the complete city, I was
very tired and hit the sack as soon as I reached home- not checking my
internet banking transactions.

However, on the 11th , I logged onto my internet banking to check the amount
in my account as I had to write a cheque to my builder from whom I am
purchasing a flat. To my astonishment I could see only Rs 6,000 in the
account instead of the amount which I had saved to make the final down
payment to the builder. For a second, I thought that this could have been a
typo error on the bank's website, where the Bank had misplaced the two
suffixing zeros (before the decimal of course ;-)) to the account balance.
But as soon as I opened the mini statement, I could see that several
transactions had been made without my knowledge and someone was siphoning my
Money. Damn !!!!!!

I quickly ran to ICICI Bank at sector 18, and registered a complaint with
them that these transactions weren't done by me. Infact, a few of these
transactions took place when I wasn't in town. To my surprise, all these
transactions were done through my own cheque book, with my own signatures on
the cheques. But my cheque book was safe in my cupboard at home and I
confirmed it.

The initial investigations revealed that the RTGS transactions had happened
on the 7th and subsequently considerable amount of cash was withdrawn from
my account through various branches of ICICI by presenting "Self" cheques
and my ID proof. These transactions happened on the 8th and 10th.

The officials at sector 18, informed the branch manager of the Branch where
this transactions took place and I was requested to proceed to that branch .
I rushed to the ICICI bank brach at Shahdara and they showed me the photo ID
of the person who has made the RTGS transaction and withdrawn the cash. I
was shocked - it was my voter ID with my name, DOB, address, fathers name,
my signature, but not my photo, someone else's - the photograph of the
person who had come to collect the money. The ID was stamped with a hologram
and govt seal over it.. My ID had been forged. And made me weary of the
complete system.

We then looked at the footage of the person who took the money from my
account - characteristics of a designated criminal. I had never seen him
before. We then moved to Allahabad bank where this person, who was bearing
my Identity and presuming to be Manan Maheshwari, had made the RTGS transfer
to - some Sanjay kumar. We checked his records in Allahabad Bank. As
expected he had withdrawn every penny from his account. We took down his
details and left. There was nothing else that Allahabad official could help
us with, till the time we had a written FIR against the person. The ICICI
bank has a final complaint from me and lodged an FIR.

What the crook knew :

The crook was aware that ICICI bank doesn't match/ look at the photo on the
ID proof with their own KYC records on their system. He used this to his
advantage and left a big hole in my bank account. He also had all my
personal and official details which he used to forge my Identity. Also, he
knew that one can't make a transaction of more than 1 lakh through cheque on
a single day until he intimates the bank 1 day in advance.
He also knew that without approval from higher management of ICICI, he can
only make a transfer of 5 lakhs and no more.

How he implemented his plan : (My inference)

He forged my ID by making a voter ID on my name. (ICICI bank official told
me that he himself knew of 4-5 machines in Delhi who could have done this).
He then proceeded to Vodaphone and got a mobile connection on my name
providing a fake address proof. Then he went to ICICI bank and showed my
identity and address proof and got my mobile banking number changed in the
records of the bank. As soon as the number was updated, he called up the
customer care of ICICI bank and checked my balance. As soon as he was done
with this, he ordered a cheque book through mobile banking. Obviously, I
wasn't getting any intimations on my number because he had updated the
number with him on ICICI records. I wasn't aware on what was happening - I
didn't even get any email regarding the mobile number change.
The customer care person would have told him and he would have got an
intimation as soon as the cheque book was dispatched/reach the designated
address. He went to Dehradoon, to my communication address and collected the
cheque book from the courier guys displaying the fake ID. I am assuming that
by this time he had mastered to forge my signature. He came back to Delhi
and implemented his plan of stealing all my money from the Bank account.
He
left only 6k in my account as he was aware that as soon as the account goes
below 5k, the bank informs the customer through an email.

Loophole :

On ICICI part they goofed up on not checking the photo ID of the person who
was making these transactions. Please note that the only bank which has this
process in place is SBI
On the crooks end, he messed up to make the RTGS transfer leaving behind the
details of his partner whose account is with Allahabad Bank. He also did not
think about the CCTV cameras in the Bank branch.

Learning :

Please don't share your personal details with anyone. Whenever you are
applying for a home loan, credit card, or mobile number, make sure you cross
the document and write across it for the purpose it is to be used.   Please
check you internet banking / mobile banking , if you have any on a regular
basis and make sure that you change your sign on the bank records,
regularly. If you get any request from the Bank about a request raised by
you (which you feel that you haven't) please ensure that you check the same
with the Bank.

This incident can happen with any one of us. There is a huge mafia and they
simply don't care about who we are, where we are from . They just simply
carry out this criminal activity and enjoy on someone else's hard earned
money. No matter if I get my money back or not, I would take this fraud to
the highest level from my end, but would request you to inform your
relatives and friends to kindly be ware.

I am in touch with ICICI bank and they feel that they would be able to turn
around and return the complete amount to me.ICICI bank has already begun to
rectify this loophole in their process, but the other banks are not even
aware.

There is nothing to panic, but please make sure that you have all your
accounts in place, visit you branch and update your latest contact details
and regularly check your account online.
----------------------------------------------------------------------------------------------------------
If it's worth forwarding, it's worth cleaning up. Please delete
details of all previous senders (including mine) before forwarding
again to reduce spam, viruses & identity theft. It's best to use the
'Bcc' field while forwarding mails. Thanks.

 (3) Rope Jumping – A Common Exercise with Multiple Benefits  

Mr Roger Haeske has sent the following useful mail:-

 A Common Exercise With Multiple Fitness Benefits

Here's a way to cut down on the length of your workouts. Do total body exercises that exercise many parts of the body and several aspects of fitness at once. You can kill two birds with one stone.

Below I'll share with you one such exercise. I've started doing it about a month ago and am addicted to it.


My Lightning Speed Fitness Program consists of several other powerful full body exercises such as the one I'm sharing with you in this article. These full body exercises allow you to get in the best shape in the least amount of time.


This tip is from post number 250 of the Member's Only Forum of the Lightning Speed Fitness Program. The forum is loaded with exercise tips and techniques in addition to the main Lightning Speed Exercises.

Check out the Lightning Speed Fitness Program
with the link below.
http://www.Superbeing.net/RippedMuscles.html
Or continue reading.
*~*~*~*~*~*~*
* Instant Abs, Calves & Conditioning *
I wanted to share with you one simple exercise you can do to get in great shape and build rock solid abs at the same time.
Recently in post # 219 I shared with you a great technique to build up your abs while doing other daily activities.
I had to stop doing this for a while because I pulled a muscle in my back after a soccer game. My abdominal squeezing technique was hurting my back so I needed to stop using it until the back muscles healed.

So I forgot about doing my ab exercises. In the meantime my abs softened up quite a bit. I started something new. I started jumping rope fairly intensely. I'd do 500 to 750 jumps in one session.

Not only did this exercise improve my fitness,not only did it build up the explosiveness and size of my calf muscles but I was amazed to notice how rock solid my abs felt after a couple of days of doing this.

Keep in mind I wasn't doing any specific abdominal exercises.

Each jump requires you to hold in your abs quite tightly but I didn't even realize I was working out my abs and core at the same time.

So if you want a great all around exercise to add to your routine, I'd suggest jumping rope.

One thing that happened to me with the rope jumping is that I got very sore shins. So I rested a couple of days and now I try to jump rope on soft surfaces like a carpet or mat. That has worked much better.

I jump with both legs at a time, I also alternate and sometimes I just jump with one leg at a time. I find this to be the hardest.

This is great for developing your calf muscles and your jumping ability.

Let me know if you try jumping rope or if you already use it regularly. It can get your heart rate up really high. I usually do just 100 to 150 or so at a time before I have to stop.

This is more anaerobic conditioning than aerobic. Both are important to total fitness.

*~*~*~*~*~*~*
I hope you enjoyed this post and consider adding rope jumping to your exercise regimen.

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

 

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DRT Solutions Weekly Mail – 341st Issue dated 21st November ’14

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


 

(1) Questionable Condition of 25% Minimum Deposit in Appeal u/s 18 of the SARFAESI Act

 

One of our clients from Mumbai Mr Kashid (M-09320231820) is initiating challenging the said provision.  Our other clients from Cochin, Bangalore and Nagpur have shown interest in supporting Mr Kashid. Other interested borrowers and guarantors may contact Mr Kashid

It is needless to mention that it is one of the most important matters for the borrowers and guarantors who are contesting their cases in DRT.

(2) Doing Litigation in India

 

The following article is self explanatory:-

India: Doing Litigation In India

Last Updated: 18 November 2014

Article by Vijay Dalmia

http://www.mondaq.com/india/x/354652/trials+appeals+compensation/DOING+LITIGATION+IN+INDIA

India has well defined substantive and procedural laws along with a well-established system of judicial enforcement of rights. An elaborate mechanism is provided for grievance redressal under Indian statutes. A complete hierarchy of courts and tribunals has been set up [http://indiancourts.nic.in/index.html]. India has three tier system of judiciary, which includes District Courts, at the first tier, comprising judges for adjudicating upon civil disputes and criminal cases at the lowest level. At the second tier, each state in India has a High Court which has the appellate and supervisory jurisdiction over all the courts and tribunals in such state. The Supreme Court of India [http://www.supremecourtofindia.nic.in/], which is at the third tier, is the highest court of justice in India having appellate and supervisory jurisdiction over High Courts of all the states. The Supreme Court of India and all the High Courts also act as the custodians of the constitution of India. Government of India has also formed special tribunals to deal with matters of specific nature, such as Intellectual Property Appellate Board (IPAB) [http://www.ipab.tn.nic.in/], Income Tax Appellate Tribunal (ITAT) [http://itat.nic.in/], Debt Recovery Tribunal(DRT) [http://www.drt.co.in/], Central Administrative Tribunal(CAT) [http://cgat.gov.in/], Board for Industrial and Financial Reconstruction (BIFR) [http://www.bifr.nic.in/] and Central Excise Service Tax Appellate Tribunal(CESTAT) [http://cestat.gov.in/].

Doing litigation in India may be an unending process, frustrating the entire purpose of litigation. Indian Judicial System is marred with exceptional judicial delays and slow process. The present sad scenario of Indian courts can be understood from the data derived from the website of the Supreme Court of India [http://www.supremecourtofindia.nic.in/new_s/pendingstat.htm], pertaining to the pendency of cases in various Indian Courts. A glimpse at the data given hereinafter of the pending cases in the Indian courts is grave enough to pose caution. As of May 2010, 55,797 cases are pending with the Supreme Court of India, over 3 million cases are pending in the 21 High Courts and over 26.3 Million civil and criminal cases are pending in the District Courts [http://www.supremecourtofindia.nic.in/HCquarterly_pendency_Dec2008.pdf].

The litigation in India should be initiated only after a well thought strategy about the entire process, time and cost involved. Litigation in India should not be initiated impulsively. Though it may not be possible to avoid litigation at all times but strategies can be formed to successfully end the litigation by achieving practical objects. Alternative Dispute Resolutions like arbitration is a well recognized method of avoiding litigation in India.

Time frame for Litigation

In view of the above data, it is very difficult to predict a time band within which litigation in India can be completed from the filing of the suit and till the appellate stages are over. However, a well thought strategy can definitely put an end to the unending and unpredictable litigation in India.

So, while doing business in India, the first endeavor should be to avoid litigation. However, there may be situations when a foreign entity may get embroiled in an unavoidable forced litigation in Indian Courts.

It has been observed that most of the litigation which takes place in India during the course of business by a foreign entity with an Indian, is a result of bad contracts, which could be avoided by  taking care of  and contemplating various contingencies which may arise during the course of business in India.

Cost of Litigation

Any peculiar civil action in the Court of law involves following components of costs i.e. Court Fee, Professional Fee and Miscellaneous Expenses and Disbursements.

In a Civil action, court fee is required to be paid at the time of the institution of the suit, which may be fixed or ad-valorem (a percentage of the amount claimed). Generally, the fixed court fee is negligible. However, any claim relating to recovery, damages, compensation or property etc. may attract a court fee which is based on a percentage of the claim amount or the valuation of the subject matter of the suit, e.g. for a suit for recovery of a sum of INR 60 Million (approx. US$ 1290000) in Delhi High Court, an amount equivalent to  1 % of the claim i.e. INR 0.6 Million (approx. US$ 12900) has to be paid as court fee at the time of the institution of the suit. In Criminal matters, only a trifling court fee is payable.

For any matter relating to litigation, the component of professional fee may include fee for advice, drafting of pleadings and appearances before the Court. In India, for professional fees, generally the system of lump-sum fee and fee on 'hourly rate' basis is followed. However, Indian law does not allow the payment of contingent fees or conditional fees, i.e., any fee for services provided where the fee is only payable if there is a favorable result. 

The third component of litigation cost, is usually not very high since the same pertains to miscellaneous issues related to litigation including typing, photocopying, postage and courier charges etc. 

Mechanism for Enforcement of Judgments

Indian judicial system is a creation of the Constitution of India. The distinguishing feature of the Indian Judiciary lies in its independence from the executive / government. The Central & State Governments and their functionaries are duty bound to obey and implement the orders of the Courts in India, and any noncompliance on their part results in the initiation of contempt proceedings against them. Besides coded laws, India also follows the common law principles. The judgments of the High Courts and Supreme Court of India, as precedents, have the same force as that of the "law of the land".

The Indian Government Machinery including the police is under an obligation to follow and implement the orders of the court. There are special provisions for the enforcement of the orders of the court, including Contempt of Court proceedings, which provides for a fine as well as imprisonment, in case of disobedience. There are also other legal means for execution / compliance of the orders of the court i.e. by way of appointment of Local Commissioner / Receivers.

As already stated that the Indian Judiciary does not suffer from a nationalistic approach, which is itself good to build confidence in foreign entities.

(3) Benefits of Eating Raw Onions

 

Mr U.C.Desai 09374556625 Ahmedabad has sent the following useful information:-

 

Benefits of Eating Raw Onions

Well, it is surprising to know that these vegetables that we use to add flavour and aroma to the dish have many health benefits. If eaten raw, onion and garlic can be really good for the body. Raw onions have sulphur compounds and essential vitamins that can be best consumed raw. If cooked, the essential nutrients and vitamins get lost. So, if you love onion salad, here are few good reasons to have it regularly.
Health benefits of eating raw onions:

Cures constipation:
The fibre in raw onions help flush out toxins and hard food particles that get stuck in the intestines. If you are suffering from constipation, have raw onions.
An Ayurveda medicine for sore throat:
If you are suffering from cold, cough and a sore throat, have fresh onion juice.Add jaggery (brown sugar) or honey to the onion juice.
Remedy for bleeding problems:
Have a bleeding nose or suffer from piles? Have raw onions. It is one simple andeffective home remedy to cure piles naturally. To cure a bleeding nose, cut a raw onion and smell it for some time. The white onions can help cure bleeding problems.
Controls diabetes:
This is one of the health benefits of eating raw onions. If consumed raw, onions increase the production of insulin. So, if you are diabetic, you have a good reason to munch crisp raw onion salad regularly.

Protects the heart:
Regular consumption of raw onion protects the heart from coronary diseases.It controls high blood pressure and also opens blocked arteries.This is one of the known health benefits of eating raw onions.
Controls cholesterol levels:
The small herbaceous plant vegetable has a very good health benefit for obese people and heart patients. Raw onions control cholesterol by reducing the bad cholesterol (LDL) levels. It has methylallyl sulphide as well as the sulphur-containing amino-acids that lowers bad cholesterol and increases good cholesterol (HDL) levels.
Prevents growth of cancer cells:
Onion is rich in sulphur compounds. Sulphur protects the body from stomach,colon, breast, lung and prostate cancer and prevents the growth of cancer cells. It also helps cure urinary tract disorders.

    

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Contact Information :- Phones (India):- Mobile- +91-969-1103689, Off. & Res. +91-731-4049358,

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

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

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

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

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

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

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

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

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

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

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

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

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

Disclaimer:- We have no branch or setup other than at Indore. It is observed that some persons are using name of our firm as well as name of our web site. We have not given  any such authority to anyone to do so. Under such facts and circumstances, if anybody suffers any loss, we shall not be responsible. If such instance comes to notice of someone, we may kindly be informed.

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