● The
Client is a sufferer. He is like a patient having acute pain. He comes to you
just like the patient approaches a doctor to get relief. Please attend to him
like a doctor.
● Listen
to him sympathetically. Enquire what immediate relief he needs. Please tell him
frankly and honestly what can be done and what can not be done.
● His telephone calls be attended to immediately. The international
norms are response within 3 rings. Sometimes his requirements are immediate and
hence it will be better for you to carry your mobile at all places so that
response is quick and immediate whether you are in the bath room, taking food or
doing pooja. In your absence, the call should be attended to by responsible
person like your wife or other person.
● Please
tell him the overall litigation process and the costs involved. He must
understand clearly whether he can afford the costs and expanses.
● Please
enquire whether he has any experience of litigation process and court battles.
● Does he
understand and know the material facts thoroughly. These facts include the
working of industry, industrial finance, banking, working capital, industrial
sickness, documentation, understanding
of law involved at every activity etc. If he does not understand and know, he
will have to get the cases prepared by experts in the line like us otherwise he should
not hope for relief or any winning strategy.
● Does he
have proper documents to support the material facts of the case?
● Does he
understand the aims, objectives and scheme of the DRT Act and Securitisation
Act?
● Does he
understand that despite all possible efforts if the case is decided against him
in DRT, he may have to appeal to ADRT (i.e. Appellate DRT)?
● Does he
understand that in the said appeal, he has to pay the appeal fee as well as
deposit to the extent of 50% of the debt due decided by the DRT?
● Does he
understand that either he has to take care of this aspect of 50% of deposit in
preparing his case right in the beginning so that during trial it is established
whether it is possible for him to pay such deposit or not when called for?
● Does he
understand the meaning and scope of counter-claim?
● Does he
understand the law of torts?
● Does he
understand RBI Guidelines?
● Does he
understand the law of damages?
● Has he
gone through our web site
www.drtsolutions.com? Has he taken print of the site and studied it
thoroughly well?
● If he
depends on a consultant or his law officer, are those persons competent enough
for understanding the above?
● Does he
understand the opponents i.e. the bank employees, their law departments, law
officers, counsels, Indian Bank Association, DRTs, supporting forces in Ministry
of Finance, Ministry of Law, Govt. of India, general public and courts.
● Several DRT advocates
in the country are handling counter-claims prepared
by us. These advocates at these places will also be
available. We are having constant
interactions with the clients and visitors of our site. Accordingly the site is
updated and hence it gets richer day by day. You will gain a lot if you and your
clients visit it regularly every week. Our e-mail ID is
ramkishandrt@gmail.com .
●
Normally we don't advise hiring of our advocates from Indore as they are
comparatively expensive and further the client will have to bear additional
travelling, lodging and boarding, daily charges etc even for ineffective dates.
Hence it will be better that the client is always and constantly in touch with
us and then interacts with his local advocate.
● When
you are handling the DRT case of a borrower, explain him the implications of the
pleadings in detail. Sit with him at least a week in advance of the date.
Encourage him to study the provisions of law, let him read the judgment. Ask him
to attend the date in the court. Encourage him to draft the applications etc.
All this will be a great help to you and in turn will greatly contribute to the
success of the case. With such approach and success, you will get more clients
and with passage of time, better judgment will be achieved.
Our Client wins in Securitisation Appeal against 4 Banks in DRT – amount
involved nearly Rs. 90 crores and a tooth & nail fight of 4 years
Entire Judgment reproduced vide link
DRT Orders in favour of Borrowers & Guarantors
(1)
The PO DRT II Mumbai in his order dated
29.06.10 in respect of Securitisation Application No 33/2006 allowed the
same asking the 4 respondent banks to redeliver possession of the properties
within 4 weeks.
(2)
This has been most historic legal fight in
DRTs for a period of nearly 4 years by law departments of 4 banks against
securitization notices dated 30.12.05 and 02.01.06 for Rs. 64.44 crores and
banking aspects of Representation & Objections, NPA,
