Comments on DRT has no jurisdiction to issue Certificate of Recovery against the Guarantor

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Narendra Sharma

Narendra Sharma

Wrote on 03 May 2014  

Incidentally, for giving consultation on this subject I shall be available at Delhi on 21st & 22nd May,14.Any member interested for a meeting may please contact me at (Mobile 9229574214/8982321310 and) e-mail: nkdewas@yahoo.co.in -Regards



Narendra Sharma

Narendra Sharma

Wrote on 24 April 2013  

Incidentally, for attending hearing date 29.04.2013 (and 30.04.2013)in an arbitration matter I shall be available at Delhi.Any member interested for a meeting may please contact me at (Mobile 9229574214 and) e-mail: nkdewas@yahoo.co.in -Regards



Narendra Sharma

Narendra Sharma

Wrote on 18 February 2013  

Incidentally, for attending hearing date 23.02.2013 in an arbitration matter I shall be available at Mumbai.Any member interested for a meeting may please contact me at (Mobile 9229574214 and) e-mail: nkdewas@yahoo.co.in -Regards



Narendra Sharma

Narendra Sharma

Wrote on 25 December 2012  

Incidentally, for attending hearing date 05.01.2013 in an arbitration matter I shall be available at Delhi.Further, for attending hearing date 26.12.2012 in a guarantee matter I shall be available at DRT, Jabalpur. Any member interested for a meeting may please contact me at (Mobile 9229574214 and) e-mail: nkdewas@yahoo.co.in -Regards



Narendra Sharma

Narendra Sharma

Wrote on 25 November 2012  

Incidentally, for attending hearing date 01.12.2012 in an arbitration matter I shall be available at Delhi.Further, for attending hearing date 05.12.2012 in a guarantee matter I shall be available at DRT, Jabalpur. Any member interested for a meeting may please contact me at (Mobile 9229574214 and) e-mail: nkdewas@yahoo.co.in -Regards



Narendra Sharma

Narendra Sharma

Wrote on 05 November 2012  

As per BLACK’S Law Dictionary, Ninth Edition, at page 608, “enforcement” means the act or process of compelling compliance with a law, mandate, command, decree or agreement. In the present state of things, DRT is issuing Certificate of Recovery against the Guarantor, without exception, in a routine manner, under section 19 of the DRT Act, 1993, which is absolutely unlawful. It is pertinent to note here that such issue of Certificate of Recovery against the Guarantor is itself a declaratory relief namely “compelling compliance with the personal guarantee agreement”. However, admittedly no declaratory relief can be granted by the Tribunal, because as detailed above, DRT is not a court having appropriate jurisdiction.



surendra

surendra

Wrote on 02 November 2012  

nicely interpreted!



ankur

ankur

Wrote on 02 November 2012  

Extremely informative and excellently presented. Highly impressed



Jeevan

Jeevan

Wrote on 31 October 2012  

My understanding in this is that the legal proposition is the Guarantor is jointly and severally liable for the loan borrowed by the principal borrower.



Narendra Sharma

Narendra Sharma

Wrote on 28 October 2012  

Incidentally, for attending hearing date 03.11.2012 in an arbitration matter, I shall be available at Delhi. Any member interested for a meeting may please contact me at (Mobile 9229574214 and) e-mail: nkdewas@yahoo.co.in .Regards


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