PART - III

                  THE FREEMEN

Dear Brethren,

Part –III of family relates to Kapil Dev Aggarwal’s maternal Grandfather.

Mr. Girdhari Lal Banker 1884 to 1959

        Kapil Dev Aggarwal is maternal grandson of Girdhari Lal banker son of Mr. Ram Rattan banker son of Mr. Rura Mal.  Mr. Girdhari Lal banker was born in the year 1884 at Ludhiana.  He studied at Arya School up to 10^th standard and thereafter managed the family business of banking.  He was elected secretary of Ludhiana Municipal committee and remained secretary of Ludhiana Municipal Committee for over two decades.   Mr. Girdhari Lal was a great philanthropist.  He established Sanatan Dharam Pracharak High School in association with his brother Kunj Bihari Lal, Dila Ram Vakil and  Ramji Dass Halwai.  The land was purchased by Mr. Girdhari Lal Banker. Mr. Girdhari Lal Banker and his brother Mr. Kunj Behari Lala Banker also established old Gaushala and Ghats which are still in existence at Ludhiana.  Ancestral Heritage.

Mr Girdhari Lal Banker married Budhan Devi. Budhan Devi was from the family of Konke Jagroan wale. Her brothers were Kundan Lal, Ram lal and Sham Lal and 2 sisters. Budhan devi died in August 7^th 1974.

        Mr. Girdhari Lal Banker and Budhan Devi had five sons and four daughters.  The names of the daughters were Lajwanti, Shanti (1917-1937), Santosh and Smt Sushila (mother of Kapil Dev Aggarwal).  The names of the sons are Harprakash Aggarwal, Ved Prakash Gupta, Ram Prakash Gupta, Vaid Gopal Krishan and Mr. Kewal Krishan banker.

        Eldest daughter of Mr. Girdhari Lal banker is Mrs. Lajwanti she was born in the year 1907, she was married to Lala Banarsi Dass of Kharar in the year 1924.  They have six sons and four daughters namely Raj Kumar(11.10.1926), Sudershan Kumar, Surinder Kumar, Dinesh Kumar, Arun Kumar and Vijay Kumar.  Names of the daughters are Krishna, Tara, Kanta, and Shashi.  She died in the year 1976. Second child is Harprakash Aggarwal (26.4.1912 to 2.1.1998) who was married to Janki Devi (1915-21.10.1993) in the year 1932.  He has four sons and two daughters. Names of sons are Kalyan Sagar (25.1.1935), Manohar Lal, Narinder Aggarwal and Ashok Aggarwal and daughters Nirmla and Kiran Bala. Third son is Ved Prakash Gupta born 1915 married to Vidya in the year 1944. He had four sons and five daughters. Names of the children are Randhir Gupta, Subhash Gutpa, Ambrish Gupta, Lakshmi Nath and names of the daughters are Sanyogita, Usha, Rita, __and Kamal Kanta. Next son Ram Prakash Gupta was born in the year 1919 was married to Kaushyala of Sunam in the year 1948.  He died in the year __ They have two sons Chander Kant and Prem and two daughters namely … Fourth son of Mr. Girdharia Lal is Vaid Gopal Krishan born in the year 26.2.1922 to 29.9.2008. He was married to Shashi Prabha (18.9.1933 to 22.12.2009) in the year 1966. They have two sons Neeraj Gupta and CA Sudhir Gupta. The youngest and fifth son is Mr. Kewal Krishan banker who was born on 26.4.1932. He married Santosh Rani in the year 1962. He has two sons names of his sons are Sandeep Kumar and Pankaj Kumar.

2^nd Daughter Santosh was born in the year 1925. She was married to Dev Prakash of Nabha in the year 1946. She has five children, daughter Dr Madhu Bala, Saroj Bala and sons Rakesh Kumar, Sarv Daman Bharat and Adarshvir. Smt Santosh died in the year 2009.

3^rd Daughter Sushila Devi (mother of Kapil Dev Aggarwal) was born on 30th October 1929 was married to Mr. Raj Kumar Aggarwal Advocate son of Lala Mela Ram Aggarwal Advocate on September 1, 1954. They have two children; daughter Renu Gupta and son CA Kapil Dev Aggarwal. She died peacefully in her sleep on 5^th September 2005.

Kapil Dev Aggarwal.

TIME PASS

              THE FREEMEN

Dear Brethren,

Passing the Buck by executive on taxpayers money;-

Time pass by executive;-

In my earlier article I had mentioned as to how the official liquidator can wound up a Company within a year. I had also mentioned that in last 60 years no company has ever been wound up in the office of Official Liquidator Chandigarh. In response I was told that office of official Liquidator has written a letter to Registrar of Companies seeking certified copies of last returns filed by companies under liquidation. This was a mere time pass as such information is already available in the office of official liquidator when they inspect the files to know names and addresses of directors and further for the reason that one office will never respond to letter from another office knowing that such letters are written under compulsion to show some thing is being done when in reality nothing is ever done by executive to conclude its affairs to their logical conclusions. Following is a copy of letter I wrote to inquire the status of information;-

"To,

CPIO,                                     19.5.2010

Office of Registrar of Companies, Jalandhar

Corporate Bhawan, Sector 27, Madhya Marg,

Chandigarh.

SUB: Information under RTI.

Dear Sir,

1.     Official Liquidator vide his letter Dt 19.3.2009 and another remainder Dt 5.10.2009 had sought certified copies of last balance sheets & annual returns of certain companies. (Copy of his letter enclosed).

2.     Kindly submit the period required to give the certified copies.

3.     It is widely believed that if bribes are paid then it will take only a week or so to give certified copies otherwise, certified copies will never be given by the office of ROC. If such be the case then there is no need to even respond to this letter. Otherwise you may give the time frame within which you can comply the one year old request of Official Liquidator sent vide his letter Dt 19.3.2009.

                                        CA K D Aggarwal

Copy to Regional Director, Northern Region Ministry of corporate affairs, PDIL Bhawan Sector 1 Noida."

In response I received a letter from the office of Regional director stating that I have stated that there is rampant corruption in the office of ROC, in my above letter to which they will make complaint against me. In reply thereof I wrote as under;-

"To,                                         23-6-2010

Regional Director, Northern Region,

Ministry of corporate affairs,

PDIL Bhawan Sector 1 Noida.

Ref; Your letter No 1166 Dt 26-5-2010

Dear Sir,

I read your letter with interest and was wondering how any action can be taken on your letter by the office of Registrar of Companies even after receipt of your letter regarding supply of certified copies of documents required by the then Assistant Official Liquidator vide his letter Dt 19.3.09 & 5.10.09.

1. I have received a letter from same officer who is now posted in ROC. (Copy enclosed). In said letter, he states, that Balance sheets are available on net and can be examined from there.  I believe that when he was assistant OL he was then also aware that the Balance sheets were available to him from the net, but from his letters Dt 19.3.2009 and remainder Dt 5.10.2009, it appears that he has come to know of it only after being posted in the office of ROC. Is it believable? 

2.   Apart from this, copies of balance sheets are already available in the office of official Liquidator. Whenever an order of winding up is received, a peon is deputed to office of ROC to take copies of annual returns for the purpose of knowing names and addresses of Ex-Directors, and to know the location and details of assets (for the purpose of their takeover and deployment of security) and liabilities (for the purpose of knowing names of creditors to claim money from them).

3.     Let me tell you an interesting incident, there was this employee of a reserved category in a government department who was always finding faults with his superiors/others, neither himself ever doing anything, nor allowing anyone else to do anything. I asked him why?

Well, the person said; “If I work, my country will progress and if my country does progress, it will not remain backward and there will be no reservations for backwards. My kin will lose jobs.”

I asked; “then what do you do?”.

He answered; “We (50% of government employees) ensure that the other half does not work? You see a government office to work efficiently does not need so many employees”. …. We are king makers.” After a few years, the same inferior was the boss of his former superior and country becomes more backward.

It will be a capital error to allow OL to retain security agencies beyond a period of 2-3 months or not to settle creditors claims beyond a period of 4 months

                                CA K D Aggarwal,

                                Centenary office"

KAPIL DEV AGGARWAL

Judge Jokes-II

               THE FREEMEN

Dear Brethren,

Judge Joke 21
When asked for her occupation, a woman charged with a traffic violation said she was a schoolteacher. The judge rose from the bench. “Madam, I have waited years for a schoolteacher to appear before this court,” he smiled with delight. “Now sit down at that table and write 'I will not pass through a red light' five hundred times.”

Judge Joke 22
Mr. Schneider stood up in court. “As God is my judge, I do not owe my ex-wife any money.” Glaring down at him, the judge replied, “He’s not. I am. You do.”

Judge Joke 23
Judge to witness: “And where was the location of the accident?” Witness: “Approximately milepost 499.” Judge:: “And where is milepost 499?” Witness: “About halfway between milepost 498 and milepost 500.”

Judge Joke 24
Judge: Is there any reason you could not serve as a juror in this case? Juror: I don’t want to be away from my job that long. Judge: Can’t they do without you at work? Juror: Yes, but I don’t want them to know it.

Judge Joke 25
A lawyer passed on and found himself in Heaven, but not at all happy with his accommodations. He complained to St. Peter, who told him that his only recourse was to appeal his assignment. The lawyer immediately advised that he intended to appeal, but was then told that he would be waiting at least three years before his appeal could be heard. The lawyer protested that a three-year wait was unconscionable, but his words fell on deaf ears. The lawyer was then approached by the devil, who told him that he would be able to arrange an appeal to be heard in a few days, if the lawyer was willing to change venue to Hell. The lawyer asked: “Why can appeals be heard so much sooner in Hell?” The devil answered: “We have all of the judges.”

Judge Joke 26
At night court, a man was brought in and set before the judge. The judge said, “State your name, occupation, and the charge.” The defendant said, “I am Sparks, I am an electrician, charged with battery.” The judge winced and said, “Bailiff! Put this man in a dry cell!”

Judge Joke 27
Who is the most powerful ghoul? Judge Dread.

Judge Joke 28
When is an English teacher like a judge? When she hands out long sentences.

Judge Joke 29
A red-faced judge convened court after a long lunch. The first case involved a man charged with drunk driving who claimed it simply wasn’t true. “I am as sober as you are, your honor,” the man claimed. The judge replied, “Clerk, please enter a guilty plea. The defendant is sentenced to 30 days.”

Judge Joke 30
It seems that a lawyer had a little bit too much to drink and on his way home rear-ended the car in front of him. The lawyer got out of his car, walked over to the driver of the other car and said, “Boy, you are in trouble. I am a lawyer!” The driver looked out his window and said, “No, you are in trouble. I am a judge.”

Judge Joke 31
Before a burglary trial, the judge explained to the defendant, “You can let me try your case, or you can choose to have a jury of your peers.” The man thought for a moment. “What are peers?” he asked. “They are people just like you your equals.” “Forget it,” retorted the defendant. “I don’t want to be tried by a bunch of thieves.”

Judge Joke 32
What did the judge say when a skunk entered the courtroom? Answer: Odor, Odor in the court!!!

Judge Joke 33
How is a judge like an English teacher? They both hand out long sentences.

Judge Joke 34
At the height of a political corruption trial, the prosecuting attorney attacked a witness. "Isn't it true," he bellowed, "that you accepted five thousand dollars to compromise this case?"
The witness stared out the window, as though he hadn't heard the question.
"Isn't it true that you accepted five thousand dollars to compromise this case?" the lawyer repeated.
The witness still did not respond.
Finally, the judge leaned over and said, "Sir, please answer the question."
"Oh," the startled witness said, "I thought he was talking to you."

Judge Joke 35
A social activist, a garbage collector and a Judge would up at the Gates of Heaven. God informed them that in order to get inside, they would each have to answer one question.
So, he addressed the social activist and asked, "What was the name of the ship that crashed into the iceberg? They also make a movie about it."
The social activist answered quickly, "That would be the Titanic." God let him through the Gate.
He then turned to the garbage man and figuring heaven didn't really need all the odours that this guy would bring him, decided to make the question a little harder: "How many people died on the ship?" Fortunately for him, the man had just seen the movie. "1,228," he answered.
"That's right! You may enter."
God then turned his attention to the Judge. "Name them."

Judge Joke 36

The judge frowned at the tired robber and said, “then you admit breaking into the same store on three successive nights?” ”Yes, your honor.”

“And why was that?” “Because my wife wanted a dress.”

The judge check with his records, “But it says here you broke in three nights in a row!”

“Yes sir. She made me exchange it two times.”

Judge Joke 37

A man was forced to take a day off from work to appear for a minor traffic summons. He grew increasingly restless as he waited hour after endless hour for his case to be heard.

When his name was called late in the afternoon, he stood before the judge, only to hear that court would be adjourned for the rest of the afternoon and he would have to return the next day.

"What for?!?!?" he snapped at the judge.

His honor, equally irked by a tedious day and sharp query, roared out loud: "Twenty dollars contempt of court! That's why!"

Then, noticing the man checking his wallet, the judge relented:

"That's all right. You don't have to pay now."

The young man replied, "I know. But I'm just seeing if I have enough for two more words."

Judge Joke 38 

The drunken defendant appears yet again before the tired judge, who says, "You have been constantly appearing before me for the past twenty years." Replied the drunk: "Can I help it if you can't get promoted?"

Judge Joke 39

Daddy plays piano in a house of prostitution;-

A grade school teacher was asking students what their parents did for a living. "Tim, you be first," she said. "What does your mother do all day?" Tim stood up and proudly said, "She's a doctor."

"That's wonderful. How about you, Amy?"

Amy shyly stood up, scuffed her feet and said, "My father is a mailman."

Thank you, Amy," said the teacher. "What about your father, Billy?"

Billy stood up and proudly announced, "My daddy plays piano in a house of prostitution."

The teacher was aghast and promptly changed the subject to geography. Later that day she went to Billy's house and rang the bell. Billy's father answered the door. The teacher explained what his son had said and demanded an explanation. Billy's father said, "I'm actually an attorney. How can I explain a thing like that to a seven-year-old?"

Judge Joke 40 
What is similarity between Bollywood and Judiciary? Both are ‘Family private limited’.

Apologies to all who may feel offended by some truth hidden in the 'jokes'

Kapil Dev Aggarwal

Commercial Courts

              THE FREEMEN

Dear Brethren,

to,           Dated 16.4.2009

1.         State of Punjab through Secretary Legal              
             / Legislative affairs    

2.         Secretary legislative affairs, Ministry of Law 
            and Justice, 4^th floor, A Wing Shastri Bhawan, 
            New Delhi

3.         Hon’ble the Chief Justice P and H High Court.

SUB:   Amendment of court fees Act.

1.         The High Court of Punjab was established by a Letters Patent dated 21st March, 1919. It exercised jurisdiction over the provinces of the Punjab and Delhi. After partition of the Country, the High Court of Punjab started functioning from Shimla (1948) and was later shifted to Chandigarh in 1955.

2.         Since 1955 High Court of Punjab had exercised jurisdiction over Delhi and Himachal till these states had their own High Courts in the year 1966 & 1971 respectively. The sanctioned strength of High Court of Punjab, Delhi and Himachal is 68:48:10 respectively. Our High Court being oldest/largest must maintain its historic position. The state of Punjab thus must take lead in the matter of amendment of Court Fees which is in vogue since 1958.

PENDENCY OF CASES : PREVENTION IS BETTER THAN CURE

1.         Court fee on writs, inspections, Misc applications, civil/criminal revisions / etc are in vogue since 1958. It is thus necessary that courts fee schedules require urgent amendment. In DRT fee for inspections is Rs 100.00 per hour, In High Court it is Rs 2.00 unlimited. In DRT Fee for Misc application is Rs 250.00, in High Court it is Rs 2.75.

 

2.         Fee for Writ Rs 50.00 is in vogue since 1958. Prices / salaries have increased more than 50 times since then.

3.         Company petitions / appeals are a form of recovery proceedings as in DRT. In DRT/SERFRAESI application entails court fee based on amount of debt running in thousands. Every order of sale of property if challenged in appeal in DRT, court fee is Rs 20,000/- & 30,000/-. However the same sale challenged in Company appeal the court fee is Rs 13.00 only. It is serious abnormality.

4.         Fast track court / court of large commercial causes can be established with minimum court fee of few lacs.

5.         All matters involving monetary value of less than 2.0 lacs can be relegated to court of small causes or Lok Adalats.

 
6.         To prevent strike by Advocates fee schedule of advocates fixed under High Court rules & Orders should also be enhanced

Dated 16.4.2009                                 CA KD Aggarwal

                                                               Lawyer                                  

Note by author;  my fourth suggestion for establishment of commercial courts has also been accepted when Law Minister announced that Bill for establishment of commercial Courts shall be laid in parliament soon. See the link here for news;

http://www.tribuneindia.com/2010/20100802/nation.htm