Mystic Gods in Human Form (Part-1)

In the year 2007, after a long successful run in the business of Exports, I faced the onslaught of global depression. Our Foreign customers preferred to buy from China at half our prices. The Indian export business dived down alarmingly to a stage where we were forced to sell in distress. At that juncture, I foolishly ventured into forward integration which only accelerated my doom. Liquidity became a terrorizing crisis, and the only strategy was to postpone the evil day. One Mr.Rahim helped me to prepare a proposal to the Bank suggesting to sell all my properties except the Factory to cut down more than half of the Bank’s debt and reduce the burden. But the bank rejected it. Hence, I decided to close the factory before which I paid off all the wages and statutory PF and ESI to the workers. I installed my reliable Security person Rajendran for all the 3 shifts, converting the reception area as his temporary home.

On the first day of Sankranti 2007, the Bhoghi day, I received a call from my Security at 10am informing that one Mr.Natarajan the AGM of the Bank has come to take possession of the factory, and that he was forcing him to remove the factory locks. At that point of time, I had no idea of the legal procedure, but I boldly said I had many valuable machinery, equipment and records, and I vehemently disagreed to remove the locks. Rajendran followed my instructions and bluntly refused to cooperate with the Bank. The AGM wanted to break the locks. I instructed my Security to take photographs if the AGM ventures to breaks the locks. The AGM abandoned the idea and after a long argument placed his locks over those that were already fastened by us and sealed them. He also posted the Bank’s security personnel. The physical possession was technically incomplete. That was the beginning.

Meanwhile, I was approached by an advocate by name O.F.Raju, and he offered to file the case at the Debt Recovery Tribunal and assured to obtain a ‘Stay Order’, but he said that it would be a Conditional Order and I should be ready with 10% of the outstanding debt to be paid to Bank. I agreed. We filed the Securitization Appeal SA.217/2007 and the then Presiding Officer of DRT-III Shri G.P.Motwani granted a Stay on 03.10.2007 restraining the Bank from any coercive measures. But I could only comply with 25% of the required compliance. In the meanwhile, the sitting judge was transferred. The new Presiding Officer was posted after only 3 Months, and the arguments on the main Appeal were heard. On 23.01.2008 the new Presiding Officer partially allowed my Case. The DRT quashed the proceedings of the Bank only in the case of measures against 4 properties and upheld the procedure with regard to the Factory property. Immediately the Bank AGM and his team accompanied with a videographer approached the Factory on 24.01.2008. In view of prior notice, I sent a confidential named Shankar and briefed him what to do. The AGM demanded my Security Guard Rajendran to move out of the factory in view of the Court Order. Shankar and Rajendran called me and narrated the scenario. I told them to inform that we shall remove all the Machinery and Office Equipment as the Term Loan on them was repaid. I informed them not to budge from the premises without it. The Bank AGM threatened to bring in Police and throw them out. I welcomed the AGM to do so and instructed my people to take some sort of signed instruction from the Police Inspector if he demands them to move out, and also to take photogrphs. The AGM left to get the Police but surprisingly never returned.

The upheld portion of the DRT Order was challenged by me before the Appellate Court, DRAT, by which time the Bank initiated fresh proceedings and auctioned my house in construction near the Factory and another property of 2 grounds of Land at Mahabalipuram for a song. The price they sold was 25% to the Bank’s own valuation a year ago. At DRAT the Chairperson was Justice Masilamani, a Retired Judge of the Madras High Court. The Bank AGM filed his Counter to our Appeal and arrayed that I had not a repaid a single paise towards my outstanding loan except for the compliance of the conditional order of the DRT dated 03.10.2007; a blunder the Bank realized only 2 years later. As there was no Stay granted yet by the Appeal Court, the Bank announced the auction of my Factory. I lodged a complaint before the Central Vigilance Committee, New Delhi, calling for an investigation into the fraud committed by the Bank and the Recovery Agent in selling 2 of my assets at throwaway prices. The CVC responded by providing a Complaint Number. Parallelly I dared to publish an Ad in a local Newspaper about my complaint to CVC and cautioned that in case anybody purchased my factory in the auction could also be involved in the Bank’s fraud. Not a single party participated in the auction. On the day of the next hearing, the Bank Counsel made a ruckus before the Chairperson, about the Ad published by me, and wanted to proceed against me for Contempt. The Hon’ble Chairperson, patiently waited for the Counsel to ventilate his fury, and to everyone’s shock silently announced, “Why not his Allegations be true?” he continued, “Please go ahead with your Contempt Petition if you want to, and let’s see what the Appellant says.” In view of the prevailing air at DRAT, the Bank did not dare to go for another auction at all.

The Bank surreptitiously approached the District Collector for the Physical Possession of the Factory. I was summoned by the Collector for an inquiry about the default of my loan. I appeared for the inquiry and provided all facts including a reasonable OTS that was rejected. I also provided the evidence as to how the Bank sold my 2 properties for a lesser value than that was offered by me. But the Collector was not inclined to give an ear. Within three days I filed a Writ Petition No.30944/2008 before the Madras High Court. I myself prepared the case and hired an advocate for representation, whom I not only briefed but also prepared him with arguments to be rendered in the Court. The Writ was listed before the Bench of Acting Chief Justice Hon’ble Mukhopadhaya and Hon’ble Justice V.Dhanapalan. The moment the case was called, the Hon’ble CJ blasted, “Who is this Collector? Does he think he is the King of the District?” The Addl GP tried to convince the Court that the DC had the power to take action under the Securitization Act. The Hon’ble Justice Mukhopadhaya gave one week time to the AGP to seek a proper reply from the District Collector, or else the CJ warned that strictures would be passed against the DC. My Counsel tried to say something, “You don’t open your mouth” commanded the Hon’ble Judge. The next week, the District Collector withdrew his proceedings and tendered his apology. On 19.01.2009 the Hon’ble Court recorded the withdrawal proceedings of the DC and declared the Writ infructuous. The case was reported in Chennai Law Times, 2009(3) C.L.T. 216. That was a Major blow to the Bank.

In retaliation, the Bank approached the Chief Metropolitan Magistrate Court at Vijayawada and took possession of my Apartment, despite the Madras High Court Order. I swiftly approached the High Court of Andhra Pradesh, at Hyderabad. I prepared my Writ Petition in the Hotel room and filed it on 11.02.2010. The Writ Petition was numbered as WP.3231/2010 and listed for admission before Sri Justice D.S.R.Varma. I argued as Party-in-Person. When the case was called, I came forward and argued. The Bank Counsel wanted time. The Hon’ble Judge questioned me, “are you a lawyer?” I replied, ‘No My Lord” I continued “I am an entrepreneur.” “Then why don’t you engage a Lawyer?” The judge suggested. “My Lord, I am the ‘master of facts’, and I am aware of the provisions of Law. I am confident I can satisfy the Court.” The Hon’ble Judge in appreciated, “That’s fine. I admit the case,” and posted the matter after 4 weeks. As I came out, there were some advocates who complimented me. I liberally gave tips to the attenders being extreme happy. Back at Chennai, everyone was shocked. The result was alarming to the Bank. After 4 weeks, the case was posted before the Bench of Shri Justice Goda Raghuram and Justice Naushad Ali on 31st of March 2010. This time, backed with further deep research, I was ready for the arguments in a big way. The case was called “Prem Kumar, Party in Person”. The Hon’ble Judge looked at me while I began my arguments, listened patiently giving me opportunity to deliberate at length, and finally after being convinced with my arguments, looked at the Bank’s Counsel. The other side counsel again wanted time. The Hon’ble Judge didn’t wait any further and declared “There shall be an Interim Direction as prayed for.” I couldn’t believe. That Order dated 31st March 2010 was a victorious moment. That was a gruesome development that unsettled the Bank.

Back in the Appeal before the DRAT Chennai, the Bank insisted 50% of the outstanding for any Stay of proceedings, taking a U-Turn of its earlier demand of 25%. The new Chairperson was Shri Ravi Shankar. My friend Joseph was representing, and we both already prepared our ‘response’ that the sale proceeds of 2 properties and the amount paid against the Conditional Order at DRT constituted 25% of the total Outstanding Debt: the mandatory requirement under the provisions of Law. We took advantage of the blunder committed by the AGM in his earlier Affidavit. Annoyed with the bank Counsel’s demand for 50%, the Chairperson shunned him down, “Mr. Counsel you already have sold 2 properties ridiculously cheap, and there is a CVC investigation pending. Don’t push too far” and he continued, to the shock of the Bank “The Appeal RA.SA.561/2008 is admitted.” That was devastating for the Bank had to swallow its blunder made two years ago. That deeply hurt the morale of the Bank.

During a religious discourse I was enlightened that if God exists at a particular location, as Tendulkar indicates by lifting his head into the sky after his century or a half; then such Entity cannot be God at all. That introduced me to the new revelation. When the Almighty is deemed to be Omniscient, Omnipotent and Omnipresent, He has unlimited knowledge, immeasurable strength, and his presence is everywhere. He is imperishable and exists in all life forms, from a Whale to a Microorganism. In a nutshell the Almighty exists everywhere and in everything that has life; hence only He is called the Omnipresent. His presence is unlimited throughout the expanse of the Universe or to be precise, the entire creation. Only that when He is in different forms, we call Him by different names. The present chronicle is about my encounters and experience with Mystic Gods in Human form; and how I identified His existence in them. It was for me to stop claiming the victories as my own and realized them as miracles. Spiritually we are totally devoted in praying to the Almighty as described by our own Faiths, but I realized that when the Omniscient is imperishable, He should be simultaneously existing in many human forms among us.

Irony was the advantage in all my cases that I had was not due my intelligence then. All those victories when I analyzed years later for improvisation in my Clients cases, I found they were mostly because the blunders the Bank committed. At every stage someone or other protected me and pushed my fate forward, and I wish not to make a generalized statement that ‘God protected me’. I shall boldly state that I had expereinced the Divine Form in Hon’ble Justice Masilamani, Justice Mukhopadhaya, Justice D.S.R.Varma, Justice Goda Raghuram, Chairperson Shri Ravi Shankar, who according to me were all Mystic Gods who protected me. Apart from them there are many more humble and divine souls whom I will highlight in the continuing chronicle.

The ordeal continues next week…