Loan defaulters have no right to have lawyer in 'in-house' proceedings of banks: SC

Agencies
May 12, 2019

New Delhi, May 12: The Supreme Court has held that a person has no "right" to be represented by a lawyer in "in-house" proceedings initiated by banks or financial institutions to declare him willful defaulters for non-payment of dues.

A bench comprising Justices R F Nariman and Vineet Saran was dealing with the question whether a person is entitled to be represented by a lawyer of his choice in the process undertaken by banks to declare him a "wilful defaulter" under a circular issued by the Reserve Bank of India (RBI).

"We are of the view that there is no right to be represented by a lawyer in the in-house proceedings contained in...the Revised Circular dated July 01, 2015, as it is clear that the events of wilful default as mentioned...would only relate to the individual facts of each case.

"What has typically to be discovered is whether a unit has defaulted in making its payment obligations even when it has the capacity to honour the said obligations; or that it has borrowed funds which are diverted for other purposes, or siphoned off funds so that the funds have not been utilised for the specific purpose for which the finance was made available," the top court said in its verdict delivered on last Wednesday.

It said that the question whether a default was "intentional, deliberate, and calculated" was the question of fact which can be dealt by the borrower or the lender and the assistance of lawyer was not needed.

The apex court allowed the appeal of State Bank of India against the Delhi High Court order which had held that the firm, Jah Developers Pvt. Ltd., can be represented by lawyers in the in-house proceeding of the lending bank to declare it a willful defaulter.

Setting aside the high court order, the apex court ordered that the bank must give to the borrower the copy of the order of the first in-house committee which conducted the proceedings to declare the firm a willful defaulter.

"The borrower can then represent against such order within a period of 15 days to the Review Committee...The Review Committee must then pass a reasoned order on such representation which must then be served on the borrower, the apex court said.

The lending bank had contended that the defaulting borrower does not need the assistance of lawyers in the proceedings as no complex legal questions are decided in declaring a person a willful defaulter.

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News Network
April 5,2020

Alappuzha, Apr 5: Coming to the rescue of a toddler in need of crucial treatment for cancer, the Kerala health department scrambled its resources for transporting a toddler from here to Hyderabad on Sunday.

In a co-ordinated action, the department arranged for an ambulance and necessary travel permits for the nearly 16-hour 1,100 km inter-state journey that started at 7.15 am from Cherthala in this district with the entire cost to be borne by the state government.

Health Minister K K Shailaja on Saturday said all steps have been taken to facilitate the travel of the toddler and her family members to Hyderabad after local media reports highlighted the plight of the child.

The state Chief Secretary had discussed the matter with his counterparts of other states en route to ensure a smooth journey,the Health Ministry said.

"The travel permit and directions to other states through which the ambulance has to pass were issued from the police headquarters. All district police chiefs were given instructions from the headquarters to arrange for passage of the ambulance," it said in a release.

The journey started at 7.15 am and they are expected to reach Hyderabad at 11 pm.

"The state government will bear the expenses incurred for the journey. The ambulance will remain in Hyderabad and will return with the family," it said.

The first phase of treatment was done at the L V Prasad Hospital in Hyderabad and the family was supposed to travel again within 21 days for the next phase of treatment.

As the family could not undertake the journey in view of the nation-wide lockdown to check coronavirus scare, the state government swung into action to help the child.

The number of confirmed novel coronavirus cases in the country climbed to 3,374 on Sunday while the death toll rose to 77, according to Union Health Ministry data.

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Agencies
August 8,2020

New Delhi, Aug 8: Former Union Minister Rajiv Pratap Rudy on Saturday said that it is unfair and unfortunate to blame the pilots or the Airports Authority of India (AAI) for the Kerala place crash which took place on Friday evening.

"It is very unfortunate and unfair when experts come under television channel and they try to put blame on the Airports Authority of India or the pilots. Airport authority in an institution which has had survived various tests of time for the last 65 to 70 years, or pre-independence, so it is unfair to blame them," he said.

While speaking to news agency, Rajiv Pratap Rudy said that the 737 Boeing aircraft is reliable and the pilots were experienced, and it was wrong to blame them.

He further said that there are many possibilities on what could have happened, and said, "It is an accident and we need to find the facts."
Rajiv Pratap Rudy also expressed his deepest condolences to the family members of those who lost their lives in the plane crash. "This accident is terrible and heart-rending. 

I offer my deepest condolences to the family members of the captain and first officer, and the families of passengers who died and were injured," he said.

At least 18 people died when a plane carrying 190 passengers came from Dubai met with an accident at Karipur airport in Kozhikode on Friday evening, as per the Directorate General of Civil Aviation (DGCA).

"Eighteen people, including two pilots, have lost their lives. It is unfortunate. 127 people are at hospitals, others have been released," said Puri on the Air India Express flight that crash-landed on Friday evening.

Air India Express Dubai-Kozhikode IX-1344 flight, carrying 190 people on board from Dubai under the Vande Bharat Mission, skidded off the runway at Karipur Airport in Kozhikode at 7.41 pm on Friday in which several people sustained injuries.

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Agencies
June 5,2020

Malappuram, Jun 5: A lawyer has filed a complaint with Superintendent of Police, Malappuram against BJP leader Maneka Gandhi and others for allegedly indulging in a hate campaign against Malappuram district and its residents.

Advocate Subhash Chandran, who hails from Malappuram, on Thursday filed a complaint seeking registration of FIR against former Union Minister Maneka Gandhi and others for allegedly indulging in a hate campaign against Malappuram and the residents of the district.

The complainant alleged that the campaign against the district was very derogatory and with a malafide intent.

The complaint stated that the unfortunate death of an elephant in Mannarkkad, Palakkad District dominated social media conversations in the last two days but a group of people deliberately added communal colour into it only to spread hatred against Malappuram, which is a Muslim majority district in Kerala.

It also stated that the elephant in question died on May 29, 2020, in Palakkad not in Malappuram as claimed by a section in social media users. Prominent news outlets operating from the South also reported that the elephant died after consuming explosive-laden pineapple in Palakkad.

The complaint also named political commentator, Tarek Fatah, for allegedly starting a hate campaign against the district and the minority community.

It alleged that Union Minister Maneka Gandhi made false and frivolous allegations against the district of Malappuram and its residents.

Chandran, through the complaint, prayed to the district police chief to register an FIR against Maneka Gandhi and others under Section 153A, 120B etc. of Indian Penal Code.

An elephant had died after she ate the pineapple stuffed with crackers and forest officials said that it died standing in river Velliyar after it suffered an injury in its lower jaw.

The elephant was seen standing in the river with her mouth and trunk in the water for some relief from the pain after the explosive-filled fruit exploded in her mouth.

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