Category: News Updates

(Barq News Network)

Chief Justice N.V.Ramana on Saturday highlighted the importance of Alternative Dispute Resolution (ADR), which could change transform the judicial landscape.

An effective effort must be taken by Courts to make negotiation and mediation mandatory, as part of case management”. Said the Chief Justice of India NV Ramana on Saturday while speaking at the inaugural event of the two-day national conference on “Mediation and Information technology “in Gujarat.

 In our country, due to obstacles in formal litigation, people hesitate to approach judicial forums. The concept of ADR, through Lok Adalats, Gram Nyayalayas, mediation and arbitration centres, has the potential to transform the legal landscape of India by providing millions of people a platform to settle their grievances. Imbibing effective ADR mechanisms into the judicial process can reduce pendency, save judicial resources and time, and allow litigants a degree of control over the dispute resolution process and its outcome. “The CJI said.

The CJI Spoke about the benefits of ADR and said that in our country, due to obstacles in formal litigation, people hesitate to approach judicial forums.

The concept of ADR, through Lok Adalats, Gram Nyayalayas, mediation and arbitration canters, has the potential to transform the legal landscape of India by providing millions of people a platform to settle their grievances.

Imbibing effective ADR mechanisms into the judicial process can reduce pendency, save judicial resources and time, and allow litigants a degree of control over the dispute resolution process and its outcome.

He further emphasised that Mediation is also increasingly gaining prominence in the international commercial sphere. Private mediations, which take place at the pre-litigation stage, are also becoming more prevalent in the country.

Most arbitration clauses in commercial contracts have a multi-tiered approach, where the first attempt to resolve the dispute between parties is through mediation or negotiation.

The CJI opined we need skilled mediators to decide some significant issues during the process of mediation. Particularly, in a situation where settlement is fully going in favour of a particular party. What is the duty of a mediator if the settlement reached is patently unjust to the weaker party? Should the mediator be a silent spectator during such negotiations?

These are just some of the questions which one must consider, particularly in a country like India with our diverse social fabric. The ideals of substantive equality must be reflected in the resolution process as well. This conference is necessary to resolve these types of issues. With adequate cooperation from all stakeholders, it has the ability to emerge as a tool of social justice in India.

Several States in India are currently coming to build a robust ADR-friendly environment.

CJI has stressed upon the need of ADR and said that these are just some of the questions which one must consider, particularly in a country like India with our diverse social fabric.

The ideals of substantive equality must be reflected in the resolution process as well. This conference is necessary to resolve these types of issues. With adequate cooperation from all stakeholders, it has the ability to emerge as a tool of social justice in India. Several States in India are currently coming to build a robust ADR-friendly environment.

CJI has also praised the rapid growth of technology and expressed his opinion that the rapid development of technology has resulted in increased complexity even within the legal and regulatory landscape of the country.

For instance, technological developments such as crypto currency, data protection, encryption and artificial intelligence have caused Courts and law enforcement agencies to engage with novel issues. With the passage of time, there is a possibility of increased litigation on these issues.

He said that these words are important for 21st Century, wherein, computing ability has increased by a billion times, while law regulating the same has not been able to catch up.

The last three decades have seen a massive increase in processing power, the explosion of data, significant reduction in data management costs and increased availability of sophisticated machinery and software.

CJI further said that Technology has the potential to simplify this process. Courts in India have started utilizing technology.

The E-Committees have taken up various initiatives such as developing E -filing, Computer Assisted Transcription, Document Display System and the integration of Courts under one IT Infrastructure.

Harnessing the modern technology, recently the Supreme Court has launched the “FASTER”, a digital platform for fast and secured delivery of urgent court orders in encrypted electronic format, to the stakeholders. This would ensure effective implementation of court orders, without any delay. Various High Courts have taken the transparency to a new level by way of livestreaming of the proceedings using the cost-effective technology. I am sure many more would like to emulate this model

(Barq News Network)

Prime Minister Shri Narendra Modi will inaugurate the new Circuit House at Somnath on 21st January, 2022 at 11 AM via video conferencing. The inauguration will be followed by the Prime Minister’s address on the occasion. 

Somnath Temple is visited by lakhs of devotees from India and abroad every year. The need for the new Circuit House was felt as the existing government facility was located far off from the temple. The new Circuit House has been built at a cost of over Rs 30 crore and is located near the Somnath Temple. It is equipped with top class facilities including suites, VIP and deluxe rooms, conference room, auditorium hall etc. The landscaping has been done in such a manner that sea view is available from every room.

(Barq News Network)

The Rajasthan High Court on Thursday issued notice to the Centre, RBI, Ministry of Finance and a Private bank in a petition seeking the implementation of Restructuring Circular 2.0 dated 5.5.2020 and on Emergency Credit Line Guarantee Scheme (ECLGS)

Filed and Argued by Supreme Court lawyer Vishal Tiwari and his Associate, Advocates. Ritika Khanna and Chhaya Rani.

The Petitioner earlier had approached the Hon’ble Supreme Court of India pertaining to the present concern and the Hon’ble Supreme Court vide order dated 08.12.2021 in the W.P. Civil 1325 of 2021 & W.P. Civil 1321 of 2021 had directed the Petitioner under the rule of convenience of alternative remedy has provided the Petitioner to approach the suitable forum in accordance to the law and avail the necessary remedy. Therefore, the present petition is filed in this present Hon’ble Court in compliance to the Hon’ble Supreme Court order dated 08.12.2021.

The petitioner contends that the all reliefs are only on papers and the common citizen is still facing the economic hardship due to which they are not able to repay their dues and needs time for that. The restructuring facility announced by the RBI on 5-5-2021 is not implemented in its letter and Spirit.

It is further submitted that the fundamental rights, to live with dignity and right to livelihood is at stake. The banks are acting in arbitrary manner and deliberately avoiding the financial Schemes announced during COVID19 by the RBI. And also, not following the guidelines and directions given by this court. Earlier in 2020 the Hon’ble Supreme Court intervened in implementation of the moratorium circular dated 27-3-2020 and issued direction for the implementation of the circular in its letter and Spirit, and because of these directions the citizens were relaxed from the economic burden during COVID19 in 2020.

The emergence of the COVID -19 and the subsequent lockdown initiated to restrict the transmission of COVID-19 has impacted the world economically. Each and every business sector in India had faced a huge economic hardship wherein it had become a daily struggle for sustenance. The RBI Circular dated 27.03.2020 providing moratorium to all commercial borrowers under the light of COVID-19 came as an oxygen to such entities as it would have become a huge financial burden for the borrowers to pay the EMIs regularly in this period. However, the Petitioner in this present case was denied that facility by the Respondent 3 despite being the instruction that every commercial borrower whether individual or legal entity. Such arbitrary practice of the Respondent 3 has made the financial hardship of the Petitioner entity more deadly.

ECLGS-2.0 refers to the scheme for providing 100% Guarantee to member lending institutions in respect of eligible credit facility extended by them to its borrowers in the 26 sectors identified by the Kamath Committee on Resolution Framework vide its report dated 04.09.2020 and the Healthcare sector whose total credit outstanding (fund based only) across all lending institutions and days past due as on February 29, 2020 was above Rs.50 crore and not exceeding Rs.500 crore and upto 60 days respectively. ECLGS 2.0(Extension) refers to the scheme for providing additional support to existing borrowers of ECLGS 2.0 or new borrowers eligible under ECLGS 2.0 based on revised reference date of March 31, 2021. ECLGS 3.0 refers to the scheme for providing 100% guarantee to member lending institutions in respect of eligible credit facility extended by them to its borrowers in the Hospitality (hotels, restaurants, marriage halls, canteens etc.), Travel & Tourism, Leisure & Sporting and Civil Aviation (scheduled and non-scheduled airlines, chartered flight operators, air ambulances, airports and ground handling units) sectors whose days past due are upto 60 days as on February 29, 2020. ECLGS 3.0(Extension) refers to the scheme for providing additional support to existing borrowers of ECLGS 3.0 or new borrowers eligible under ECLGS 3.0 based on revised reference date of March 31, 2021. ECLGS 4.0 refers to the scheme for providing 100% guarantee to member lending institutions in respect of eligible credit facility extended by them to eligible hospitals/nursing homes/clinics/medical colleges / units engaged in manufacturing of liquid oxygen, oxygen cylinders etc. for setting up of on-site oxygen producing plants.

the second wave of COVID-19 pandemic with high number of transmission cases had surrounded the country. India was again under a serious risk of high transmission with the new mutant of the petitioner pointed out that COVID-19 found again all over India. The official reports had rightly predicted the fact that the rate of transmission is much more in comparison to last year. The figure pertaining to number of cases per day had increased rapidly which forced the state governments to impose lockdown in their respective states, such imposition of lockdown in various states had brought a lot of hardship on the revenue inflow of various individuals including the Petitioner.

The Petitioner therefore prays for the immediate judicial intervention of this Hon’ble Court as the Petitioner is under immense pressure to daily sustain.

It is further submitted that The RBI has also not constituted any Special portal or forum for COVID19 reliefs Grievances and complaints where the petitioner can redress his grievances. Therefore, at this situation, it has become impossible for the Petitioner to sustain without the relief provided by the Respondents.

The Petitioner therefore as per the circular dated: 05.05.2021 approached the Respondents to provide relief as per the provisions of circular, however the situation became worse for the Petitioner as the bank refused to implement the circular and didn’t provide any relief to

the Petitioner stating that the Petitioner entity is not eligible under this circular.

Eligible Borrowers

Under ECLGS 1.0, all borrower accounts pertaining to Business Enterprises /MSMEs/Loans to individuals for specific businesses purposes (as specified in the FAQs) with total credit outstanding (fund based only) across all lending institutions of up to Rs. 50 crore as on 29.2.2020 are eligible. MLIs are expected to check with credit bureau the overall outstanding of the borrower to assess the eligibility of the borrower. To be eligible 5 under ECLGS 1.0, the Borrower accounts should be less than or equal to 60 days past due as on 29th February, 2020 i.e. they should not have been classified as SMA 2 or NPA by any of the lender as on 29th February, 2020. Under ECLGS 1.0(Extension), all borrowers who have availed assistance under ECLGS 1.0 or new businesses which are eligible under ECLGS 1.0 based on the revised reference date of 31st March 2021 and meet the other terms of these guidelines are eligible. Under ECLGS 2.0, all Business Enterprises /MSMEs in the 26 Covid related stressed sectors identified by the Kamath Committee on Resolution Framework and the Healthcare sector who have availed loan for business purposes with total credit outstanding (fund based only) across all lending institutions above Rs.50 crore and upto Rs.500 crore as on 29.02.2020 are covered. To be eligible under ECLGS 2.0, the borrower accounts should be less than or equal to 60 days past due as on February 29, 2020 i.e. they should not have not been classified as SMA 2 or NPA by any of the lender as on 29 th February 2020. Under ECLGS 2.0(Extension), all borrowers who have availed assistance under ECLGS 2.0 or new businesses which are eligible under ECLGS 2.0 based on the revised reference date of 31st March 2021 and meet the other terms of these guidelines are eligible. Under ECLGS 3.0, all Business Enterprises /MSMEs in the Hospitality (hotels, restaurants, marriage halls, canteens etc.), Travel & Tourism , Leisure & Sporting and Civil Aviation (including scheduled and non-scheduled airlines, chartered flight operators, air ambulances, airports and ground handling units) sectors whose days past due are up to 60 days as on 29.02.2020 are eligible  Under ECLGS 3.0(Extension), all borrowers who have availed assistance under ECLGS 3.0 or new businesses which are eligible under ECLGS 3.0 based on the revised reference date of 31st March 2021 and meet the other terms of these guidelines are eligible. Under ECLGS 4.0, all existing hospitals/nursing homes/clinics/medical colleges / units engaged in manufacturing of liquid oxygen, oxygen cylinders etc, who have a credit facility from a lending institution with days past due up to 90 days as on 31.03.2021 are eligible for assistance of up to Rs.2 crore for setting up technologies like Pressure Swing Adsorption for on-site oxygen producing plants. Loans provided to Business Enterprises / MSMEs constituted as Proprietorship, Partnership, registered company, trusts and Limited Liability Partnerships (LLPs) or any other legal entity shall be eligible under the Scheme.

Loans provided to individuals for business purposes shall be eligible for coverage under ECLGS 1.0 (as specified in the FAQs) under specified categories. For the purpose of ECLGS 1.0, Business Enterprises / MSMEs would include loans covered under Pradhan Mantri Mudra Yojana extended on or before 29.2.2020 and reported on the MUDRA portal. All eligibility conditions including the condition related to Days past due would also apply to PMMY loans. Loans provided in individual capacity are covered under ECLGS 1.0.

However, such loans should be restricted to business loans taken by individuals (as specified in the FAQs) for their own businesses and should be supported with a Management Certificate to this effect 6 at the time of guarantee application. These loans should also meet the other eligibility criteria of the scheme. The Scheme is valid for existing customers on the books of the MLIs. Days Past Due status as on 29.2.2020/31.03.2021 to be checked across all lending institutions from credit bureau while availing assistance under ECLGS. All borrower accounts which had NPA or SMA-2 status as on 29.2.2020 shall not be eligible under ECLGS 1.0, ECLGS 2.0 and ECLGS 3.0. Similarly, all borrower accounts which had NPA or SMA-2 status as on 31.03.2021 shall not be eligible under ECLGS 1.0 (Extension), ECLGS 2.0(Extension) and ECLGS 3.0 (Extension). All borrower accounts which had NPA status as on 31.03.2021 shall not be eligible under ECLGS 4.0. However, as per decision taken on September 08, 2020, exception has been allowed for overdues of the borrower in respect of their credit card/savings account/current account provided the said overdues did not exceed 1% of the loan amount (i.e. GECL amount) extended under ECLGS facility and that the overdue amount were regularized prior to assistance being extended under ECLGS and provided further that the member lending institutions ensure that the overdues were covered by the materiality concept being followed by the MLIs. Business Enterprises / MSME borrower must be GST registered in all cases where such registration is mandatory. This condition will not apply to Business Enterprises / MSMEs that are not required to obtain GST registration. An ‘opt-out’ option should be provided to the eligible borrowers under ECLGS 1.0to enable them to choose whether they wish to opt out of the GECL facility. Facility under ECLGS 2.0 , ECLGS 3.0 & ECLGS 4.0 however, shall be on ‘Opt-in’ basis. For the purpose of this Scheme it is not necessary that the existing loans of the borrowers should be covered under the existing NCGTC or CGTMSE Scheme

The petitioner said That loan account has been classified by the Secured Creditor as a Non-Performing Asset (hereinafter referred to as “NPA”) on 30.04.2021.

That on account of aforesaid default in repayment of the loan facility, which amounted to an event of default in terms of Loan Agreement thereby entitling the Secured Creditor to recall the loan facility sanctioned to the Petitioner.

That the default in payment by the Petitioner was not deliberate but it was due to his Income loss because of COVID19 lockdown and closure of business. To recover from the economic stress the RBI and Finance ministry has announced various measures for the borrowers. The petitioner is also entitled for the same but the bank is not implementing

the COVID19 schemes in its true sense and petitioner has been suffering and his fundamental Rights have been at stake.

The petition was filed with following prayer

direct the Respondent 2 to initiate instructions and guidelines for the implementation of the circular dated: 05.05.2021 in its letter and spirit;

direct the Respondent 2 to initiate instructions and guidelines for the implementation of the Emergency Credit Line Guarantee Scheme (ECLGS) Operational Guidelines updated as on October 01, 2021.

Issue of directions against the Respondent 3 to abide by the circular dated: 05.05.2021 in its letter and spirit in the interest of justice and to stay the recovery proceedings initiated against the Petitioner.

Issue Directions for the Compliance of the Order dated 23-3-2021 Passed by the Hon’ble Supreme court of India in Writ Petition Civil PIL No. 945/2020.

Any other order or direction, which your lordships may deem just and proper in the facts and circumstances of the case, may also kindly be passed in favour of the public at large and in the interest of justice.

(Barq News Network)

The Prime Minister, Shri Narendra Modi inaugurated 11 new medical colleges and a new campus of Central Institute of Classical Tamil (CICT) in Tamil Nadu today through video conference. Union Minister Dr Mansukh Mandaviya, Dr L Murugan and Dr Bharati Pawar,  Chief Minister Tamil Nadu Thiru M.K.Stalin were present on the occasion.

Addressing the gathering, the Prime Minister said that with the  inauguration of 11 medical colleges and the inauguration of the new building of the Central Institute of Classical Tamil health of the society is being furthered and at the same time our connection with our culture is getting stronger.

The Prime Minister pointed out that shortage of doctors had remained an issue for a very long time and the current government made it a priority to address this critical gap. He informed that in 2014, the country had 387 medical colleges. In the last seven years only, this number has gone up to 596 medical colleges. This is an increase of 54%. In 2014, India had around 82 thousand medical Undergraduate and Postgraduate seats. In the last seven years, this number has gone up to around 1 lakh 48 thousand seats. This is an increase of about 80%. In 2014, there were only seven AIIMS in the country. But after 2014, the number of AIIMS approved has increased to 22. At the same time, various reforms have been undertaken to make the medical education sector more transparent, he said. The Prime Minister pointed out that by inaugurating 11 medical colleges in one go in Tamil Nadu, he, in a way, broke his own record when he recently inaugurated 9 medical colleges in Uttar Pradesh. He expressed happiness that by establishing colleges in two aspirational districts of Ramanathapuram and Virudhunagar along with one in hilly district of the Nilgiris, regional imbalance is being addressed.

The Prime Minister said the once in a lifetime COVID-19 pandemic has reaffirmed the importance of the health sector. The future will belong to societies that invest in healthcare. The Government of India has brought many reforms in the sector. Thanks to Ayushman Bharat, the poor have access to top quality and affordable healthcare. The cost of knee implants and stents have become one-third of what it was. He also informed that by providing sanitary napkins at the cost of 1 rupee, healthy lifestyle among the women will be furthered. The Pradhan Mantri Ayushman Bharat Infrastructure Mission aims to address the critical gaps in health infrastructure and health research especially at District level. A support of over Rupees three thousand crore would be provided to Tamil Nadu in the next five years. This will help in establishing/ Urban Health & Wellness Centres, District Public Health labs  and Critical Care Blocks across the state, the Prime Minister said. In the coming years, “I envision India as being the go-to destination for quality and affordable care, he remarked. India has everything needed to be a hub for medical tourism. I say this based on the skills of our doctors”, he said. He urged the medical fraternity to look at telemedicine as well.

The Prime Minister remarked that he was always fascinated by the richness of the Tamil language and culture.  “One of the happiest moments of my life was when I got a chance to speak a few words in the world’s oldest language, Tamil, at the United Nations”, he revealed.  He said that his Government also had the honour of setting up ‘Subramania Bharati Chair’ on Tamil Studies at Banaras Hindu University. He said that this chair located in his Parliamentary constituency, will drive greater curiosity about Tamil.

Commenting on the emphasis on promotion of Indian languages and Indian Knowledge Systems in the National Education Policy 2020, the Prime Minister said that Tamil can now be studied as a classical language in school education at the secondary level or middle level. Tamil is one of the languages in the Bhasha-Sangam where school students get familiar with 100 sentences in various Indian languages in audio videos. Largest e-content of Tamil has been digitized under the Bharatavani project. “We are encouraging education in mother tongue and local languages at schools. Our Government has also started making technical courses like Engineering available to students in Indian languages”, he added.

The Prime Minister said ‘Ek Bharat, Shreshtha Bharat’ seeks to enhance the spirit of unity in diversity and bring our people closer. “When a young child in Haridwar sees a Thiruvalluvar statue and finds out about his greatness, a seed of ‘Ek Bharat, Shreshtha Bharat’ is laid in a young mind”, he emphasised. He concluded by asking everyone to take all the precaution and maintain covid appropriate behaviour.

The new medical colleges are being established at an estimated cost of about Rs 4000 crore, out of which around Rs 2145 crore has been provided by the Union government and rest by the Tamil Nadu government. The districts in which the new Medical Colleges are being established are Virudhunagar, Namakkal, The Nilgiris, Tiruppur, Thiruvallur, Nagapattinam, Dindigul, Kallakurichi, Ariyalur, Ramanathapuram and Krishnagiri. Establishment of these medical colleges is in line with the Prime Minister’s constant endeavour to promote affordable medical education and improve health infrastructure in all parts of the country. The new medical colleges, with cumulative capacity of 1450 seats, are being established under the Centrally Sponsored scheme of ’Establishing of New Medical Colleges attached with existing district/referral hospital’. Under the scheme, medical colleges are established in districts, which do not have either a government or private medical college.

The establishment of a new campus of Central Institute of Classical Tamil (CICT) in Chennai is in line with the Prime Minister’s vision to protect and preserve Indian heritage and promote classical languages. The new campus is fully funded by the Union Government and is built at a cost of Rs 24 Crore. CICT, which was operating from a rented building so far, will now operate from a new 3 storey campus. The new campus is equipped with a spacious library, an e-library, seminar halls and a multimedia hall. An autonomous organization under the Union Ministry of Education, CICT is contributing to the promotion of classical Tamil by doing research activities so as to establish the ancientness and uniqueness of Tamil language. The institute library has a rich collection of over 45,000 ancient Tamil Books. To promote classical Tamil and support its students, the Institute indulges in academic activities like holding seminars and training programmes, granting fellowship etc. It also aims to translate and publish ‘Thirukkural’ in various Indian as well as 100 foreign languages. The new campus will provide an efficient working environment for the institute in its pursuit of promoting classical Tamil across the world