My Quantum Leap in Time Travel - Propelled by Mystic Gods

However farther I travel, the destination is deceptive as a mirage, and whatever height I trek, the reach is extending to the sky. The message I got from my brain was that whatever I had acquired was not refined. My success that resulted since past three years was only because my opponent was a poor fish than me, despite the law being in its favour. The battle since past 4 years 2007-10 was hardly a contest of intelligence. It was a contest between the dumb and the dumber. Its only that the better fool in me enjoyed short-term success. The qualities that had not developed enough in me despite having survived the extremities were raw intelligence and legal analysis. In fact, it is the ability to research and analyze that had been compromised with the jubilation of momentary victories. Hence my survival is obviously under threat. There’s an urgency to gear up and effectively re-strategize. As I stated in my earlier chronicle, I started to think with a cool head. The Bank had identified its pitfalls and the cause for defeat until now and regained its edge. What Hon’ble Justice Mukhopadhaya upheld in WP.30944/2008 was that the District Collector or Magistrate ‘can only assist’ the Bank for Physical Possession of the Secured Assets of the Borrower but ‘cannot conduct inquiry’ in its debt related issues. Its purely an administrative power and not judicial. Only the DRT or the High Court has power to conduct such inquiries. Hence only the Hon’ble Judge blasted the District Collector for issuing notice for inquiry; and warned my Counsel not to open his mouth. The Hon’ble Judge tested whether there was anyone in the Court room on that day who had any clue as to what caused his outburst. Above all, the Hon’ble Judge granted a week’s time to the AGP to think and come back with the powers that the District Collector is vested under the Act. My luck was that in that situation the Bank and the DC were as inane as myself; hence withdrew the proceedings. Now the Bank has approached Additional Judicial Magistrate for Physical Possession of the Factory in accordance with the law. Now the tables turned.

With barely any strategy in my mind, I called my friend Joseph, who had now completed the furnishing of his own Office. “Hi Prem, what’s happening?” He greeted. I updated him about the Bank’s move before the Additional Judicial Magistrate. “Then we’ll not waste any time Prem, tomorrow we’ll be there an hour before the Court starts.” Early next morning Joseph picked me from my home, and we travelled in his black TATA Safari to Vellore. A strategy was set up by Joseph that I should approach the Court by way of a simple Petition without any Advocate. He himself typed the Petition at the Bar Association and filed. He preferred to watch, and at the slightest sign of damage, undertake to file his Vakalat (Acceptance for Representation) in the open Court. Even before the Magistrate arrived, we could feel her ire well in advance; of which we were warned. Joseph cautioned me to be as humble as possible. My turn came. She read the Petition, “Mister, I am not concerned with the Order of the High Court against the District Collector” she said. I did not retort but said meekly that the Section 14 proceedings were already withdrawn once. She called the Bench Clerk “Give me the Act!” They searched in panic and found they had no copy of the Securitization Act in the Court Library. She blasted them left and right for their sloppy management. “Does anyone have a copy?” She demanded. I had my copy which I carry all the time like a Bible, but I kept silent. None of the hundred odd Advocates in the Court Hall including the Bank’s Counsel did not have a copy. The Magistrate posted the matter for the next week. I requested, “Your Honor may post the matter after Pongal Holidays” which was 3 days thereafter, “I need to travel to my native place Vijayawada to attend a marriage.” The Magistrate reluctantly agreed to my request with a certain suspicion and cautiously posted the Petition to 21.01.2010.

Joseph inaugurated his Law Firm, Chennai Law Associates. While he was busy, I prepared the Writ Petition without wasting a minute, and his office filed it in time on 18.01.2010 registered as WP.1101/2010. But the case was listed only on 21.01.2010 not on 19th as expected. Our fear was if no relief could be availed on 21st, the Magistrate’s decision could spell disaster for me. An early relief from High Court could not be availed. So, we planned in such manner that Joseph would argue the Writ at High Court and I would attend the Magistrate Court at the same time. My WP.1101/2010 was the first case from Joseph’s Law firm, and he too was tense. At Vellore, I was standing outside the Magistrate Court with fraught clearly clouded on my face, dying to hear the ring from Joseph. As every minute passed, my nerves were getting knotted ready to break with extreme tautness. It was definitely the moment in the hands of fate. The magistrate was dealing with a couple, where the wife filed a criminal complaint that her husband was beating her daily after getting drunk. The Magistrate was blasting the husband warning him that he will be locked up for a very long-time if he beats his wife next time. She did not spare the complainant wife too. That ordeal extended delaying just few minutes. During that mystical extended moment, Joseph called like an Angel, “Prem, good news! The High Court has granted Stay”. “Thank You Joseph” elated, I acknowledged with a whisper, for I was almost facing the Magistrate from the door. But my nerves didn’t straighten out. My name was called. Now I need to put a good show.

“Prem Kumar, you do not have any right to intervene in the Section.14 proceedings” the Magistrate sternly announced, “Law does not permit it.” “So, your Petition is dismissed” stating, she threw the bundle down to the Bench Clerk. I took a deep breath and submitted regaining my composure, “Your Honor, the Madras High Court has today Stayed the present proceedings after hearing my W.P.No.1101/2010.” “What” she got furious, “Do you have the Order?” “No, your Honor” I continued, “the Order was passed only a few minutes ago.” I gave the details orally. “Nothing doing, I shall pass my Order in case you don’t produce it after the lunch.” I was clueless. I called Joseph, and he informed it will take at least three days to get the certified copy of the Order. I informed accordingly in the afternoon session and emphasized that the Bank’s Counsel was also aware of the Hon’ble Division Bench Order at 11am. The Magistrate was stuck at that point. I produced the day’s High Court Cause List highlighting my case. The Magistrate felt betrayed and finally stated, “I give you 3 days to produce the Stay Order of the High Court, or else I will proceed with the physical possession of your factory.” We produced the copy within 3 days. Thereafter, on 27.01.2010 the WP.1101/2010 was disposed by the Division Bench of Hon’ble Justice Shri F.M.Ibrahim Kalifulla and Hon’ble Justice Shri N.Kirubakaran, restraining the Bank from taking Physical Possession of my Factory until the Appeal at DRAT came to a finality. The Bank complained that it wanted to take Inventory, for which the Hon’ble Bench permitted on a date mutually agreed upon.

Leon the new AGM of the Bank while taking charge called me to visit his Branch. Mr.Natarajan the outgoing AGM was also present. I greeted the new AGM Leon. “So, you are the famous troublemaker?” he greeted sarcastically. “Well, I am only your adversary, but all the trouble is from him” I pointed at Natarajan. He looked at me poised, “OK, let’s see his file” Leon asked. “Which file?” enquired the Case Manager in confusion. “What do you mean which file? I want to see Mr.Prem Kumar’s file” Leon reiterated. “Sir we have a whole bureau packed with Cases filed by him” the Case Manager informed. “Which file shall I bring Sir?” The Case Manager continued, “Sir, he has filed two cases in DRT, an Appeal before DRAT, three Writs before the High Court of Madras, one Writ before the Andhra Pradesh High Court, one Complaint before the CVC; 'and also a Counter Claim for Rs 206 Crores against our Bank, which is as far as my memory goes” he continued “so which case shall I bring for you Sir?” Leon looked at Natarajan, who in return gave the look as if warning him to be prepared for the rough ride. The new AGM regained his authoritative tone, “Mr.Prem, we cannot consider your Settlement Offer too, as you have approached the Central Vigilance Committee” the new AGM retaliated. “So be it. The inquiry will bring your ex-AGM from retirement” I replied in a subtle tone and left.

Within a week, the new AGM communicated that he is visiting the Factory to take inventory. Accordingly, Joseph and I visited the factory on the appointed day. By the time we reached the factory, Leon had already arrived and waiting. Joseph and I got down from his car elated, celebrating the strategy we pulled off. Leon was shocked seeing us in jubilant mood. He asked “Mr.Prem, you are so happy despite your factory and business closed?” I looked at him “Am I barred from being happy?” and continued, “Or condemned to suffer for the rest of my life because I owe your Bank?” I retorted. “How sure are you that you will win the case against the Bank?” the AGM asked once again. “I am not at all sure Sir, not even 1%” I replied, “but I will continue my fight on behalf of destitute entrepreneurs who are put to damnation by Banks like you” I said boldly “That’ll be my future profession and mission”. After taking the inventory, we placed our locks once again indicating joint possession, and as we were leaving, the AGM said, “Please visit our Branch before the weekend, meanwhile I will discuss with the DGM and we try to close the Settlement Offer from you at 25%.” And so, the Bank’s dues were settled with the timely financial support of my friend BK Sarma, who performed the profound miracle.

My favorite legal maxim is ‘Equity aids the vigilant and not those who slumber’ which I advocate to all my Clients and assure them that ‘miracles do happen’ with serious indulgence. In the same way the Lady Luck only embraces those who are vigilant and battle fearlessly in pursuit of their goal. I believe many Avatars of the Almighty are very much visible in our daily life while pursuing for a worthy cause. All I had to do was to look for such Mystic Gods in human forms, and I saw them in every twist and turn of my life. I was running for almost for 5 years alone. Undeterred, and without any self-sympathy, without regrets, I had taken the battle. Losing my entire property, was inevitable. But one thing was certain; that I had learned the art of war against Banks and I decided to improvise and support the destitute entrepreneurs and relieve them of ‘fear’. When entrepreneur loses his property and pride; he becomes lifeless. But whatever happens, my lack of fear, and trust in results with the added experience will be retained until my last and I shall spread it by all modes to the World. Banking in India is a parody and undisputedly not entrepreneur friendly. Even though my family regained the Factory property, I preferred the legal profession which I trusted will favour anyone who pursues for reliefs in the Court of Law, and I have a huge respect for the Indian Judiciary which saved me from shame and disgrace. Whatever others regard Courts does not bother me; to me they are Temples, for it is only the place where an honest prayer of the aggrieved will surely be granted, and even when there is a damage it can be cured at with High Courts or the Supreme Court. Of Course, with true pursuit! The support of my friend Joseph can never be forgotten. He repeatedly used to say, “Prem, I love the way you catch the bull by the horns;” “without fear!” He was the only true advocate who believed my raw pursuit.

Darwin would have too agreed the change in me was the result of my perseverance to survive in extreme weathers. What followed thereafter was a career with a mind-boggling quantum leap of 35 years in just 5 years. It was definitely time travel as bonus. While indicating my objective why I had launched my blog ‘Prem’s World’ I have admitted under ‘About Prem’ that I am less of an ‘achiever’ but more of a ‘survivor’. It is true. Only when I could see the past in a particular spectrum, I could see that all my claims which many of my friends and clients praise, and I too overwhelmingly spoke of sometimes; were absolutely not mine. By usual practice, I listed down my victorious moments and their cause; and was stunned to realize that without the involvement of some person or other, I was just nothing. What propelled my success was mostly because the imperfect implementation of the measures as per Law by the Bank.The reasons for the roller coaster ride without derailment were many, who played their part as Angels and Gods. Those victories were guided by unseen hands. Then, I peeled away all my egoistic claims, petal by petal, and what remained was only my stigma in the center of the labyrinth. Ironically stigma is also a synonym for disgrace or stain. So, my blunders, and stains, which inevitably would result to a disgraceful future was thwarted. The entire agitation, fury, thought process, strategies, etc., were just the noise and not the real picture. The beauty of the flower comes only with the live tender petals and not by its stigma, and those petals of beauty are the ‘Mystic Gods’. My life thereafter became a pleasure when I started appreciating all, whether Big or Small people. Pessimism was never in my trait; it drains life energy. For that reason, I refrain from making any critical comment on my ill fate instead prefer to celebrate my failures. I truly believe, that I was blessed with all the turmoil for good. If I do not appreciate the Godliness in people around me, I wonder how the prayers and offerings I make to the Ultimate One will be accepted.