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Ozg Sarfaesi / DRT Lawyer
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Many argue that the provisions of SARFAESI Act, 2002 are draconian in nature. Borrowers do often refer to their good relations with the Bank for a considerable time and they express angst at the Bank's action under the provisions of the SARFAESI Act, 2002. The borrowers do often question as to why the Bank should not consider the reputation of the customer, understand the temporary difficulties and grant time rather proceeding against the 'Secured Asset' using the provisions of the SARFAESI Act, 2002 mechanically. The situation of the borrowers may be sympathetic to the officials of the Bank at times, but, they too can do nothing when an account becomes a 'Non-performing Asset'. The officials of the Bank are bound to act against the 'Non-performing Assets' in accordance with their internal guidelines and in accordance with the provisions of the Act. The argument that the provisions of the SARFAESI Act are draconian was set-aside by the Constitutional Courts while giving guidelines and clarifying the legal position from time to time.
The problem comes to the borrowers in ascertaining the clear legal position under the provisions of the SARFAESI Act, 2002 and it's a very complicated thing. Even when the borrower approaches a professional asking for an advice, the professional may not be in a position to give clear suggestion to the borrowers. There is an example. In SARFAESI proceedings, the barrower and the Bank officials may communicate with each other and at the same time, they think about defending their respective rights in accordance with law. In many cases, the borrowers approach a professional asking for an advice based on the communication or the oral communication from the officials of the Bank concerned. The Bank officials may ask the borrowers to deposit some amount and may promise that the action under SARFAESI Act may be deferred based on the payment. It will be very difficult for a professional to opine on the Bank's offer.
It is very clear that the borrower may not be in a position to get any relief from the Debt Recovery Tribunal under section 17 of the SARFAESI Act, 2002 when there is no ground. Professionals may usually put some grounds and file an appeal based on the request made by the borrower under Section 17 of the Act, but, there is decrease in this tendency, of late. Earlier, based on the grounds in the Appeal filed by the borrower under section 17 and without even listening to the reply or the version of the Bank, the Debt Recovery Tribunal used to grant an interim-stay subject to few conditions like depositing some 'nominal amount'. The usual grounds of an appeal under section 17 of the Act can be as follows:
1. The Bank has grossly erred in calculating the outstanding due and the Bank has also not provided the statement of accounts from time to time despite a written request.
2. The Bank has no right to proceed against the 'Secured Asset' as the borrower is not a 'willful defaulter'.
3. The Bank has not appraised the borrower while classifying the account as 'Non-performing Asset'. Had the Bank informed the borrower about classification, the borrower should have taken appropriate steps.
4. The Borrower has not received any notice under section 13 (2) of the Act and the borrower has come to know about the Bank's action only when few officials of the Bank inspected the property and wanted the borrower to vacate it.
5. The Bank has not responded to the objections raised by the borrower under Section 13 (3-A) of the Act.
6. The Bank has promised to regularize the account upon the payment of some substantial amount and even after the payment; the Bank has not regularized the Account and as such the account can not be treated as 'Non-performing Asset'.
7. The Bank has failed to proceed against the borrower and instead harassing the guarantor.
8. The Bank is not right in not proceeding against the property of the borrower and it is illegal to proceed against the property of the guarantor without proceeding against the borrower.
9. There was no 'valid mortgage' with the Bank at all.
10. The Bank is preparing to sell the valuable property of the borrower/guarantor at pittance and the Bank is colluding with the bidders.
11. The Auction process is unfair and illegal.
The above are the few grounds and there can be many more grounds to file an appeal under section 17 of the SARFAESI Act, 2002. No purpose will be served by filing an appeal mechanically unless the intention of the borrower is bonafide and unless there is arguable case against the Bank. It can never be said that the Bank or Bank officials are always right and the borrower is always a 'willful defaulter'. The borrower may be genuine in his grievance against the Bank and he may simply want to fight for his rights against the Bank.
It is an allegation that the Debt Recovery Tribunals do favour the Banks and do not even listen to the borrowers even when there is a good case for the borrowers. I would like to give one example as to why borrowers/guarantors/public feels this way and the example is as follows:
Facts & Proceedings:
- A person named 'AB' wants purchase a property from a person named 'BC'.
- While intending to purchase the property, Mr.AB wanted to inspect the original title deeds of the property of 'BC' and also wanted to check encumbrance over the property.
- As the Original Deeds are available with 'BC' which are in order and as there is no encumbrance over the property, Mr.AB has purchased the property for a valuable considerable after paying requisite Stamp Duty and registration charges.
- The property is handed-over to Mr.AB and Mr.AB has invested considerable amount further in the property.
- While the property is in possession of Mr.AB, suddenly a Bank named 'DE' has affixed a notice under section 13 (4) at the property.
- Shocked at the notice, Mr.AB has approached the Bank and wanted the details as to why the notice is affixed at the property.
- The Bank has replied saying that the property is mortgaged with the Bank with due registration by Mr.AB and he has defaulted to repay loan.
- Further enquiry has revealed that the Bank is at fault while getting the property mortgaged from Mr.AB and there is no reason as to why they have not insisted for the Deposit of Title Deeds.
- As there is no option, Mr.AB has filed an appeal under Section 17 of the SARFAESI Act, 2002 alleging everything as to how he is a bonafide purchaser. He also leveled clear allegations against the Bank and their negligent attitude.
- The Appeal is dismissed by the Debt Recovery Tribunal vaguely saying that the Bank has followed the procedure correctly under the provisions of SARFAESI Act, 2002 and without noting or dealing with the allegation pertaining to mortgage and without noting that the Bank has not replied to the charges made by the Appellant.
- Mr.AB, as there is no option, has filed an Appeal with the DRAT. While the Appeal is pending, the Bank has brought the property for auction and while the proceeding is going on, the Bank has completed the Auction and says that it has confirmed the auction infavour of the 'only bidder' who bid the property on a particular date.
- Mr.AB is being asked now to get the details of the bidder, implead him as party to the proceedings and also asked to challenge the act of Sale afresh.
The above case is an example as to how borrowers/guarantors and public get troubled with this recovery system. It may be true that that the Bank is supposed to defeat the unfair attitude of the borrower, but, there is a law and if the borrower raises a considerable legal point, the same is to be considered. Law is always supported by logic, and it can not be said that the legal point or right being raised by the borrower/person can be ignored without any reason. Against this background, of late, even the High Courts coming heavily against the Bank and High Court is setting-aside the proceedings of DRT or DRAT.
Complications in finding the remedy or granting the remedy:
Due to the reasons mentioned above, it is most often difficult for the borrowers/guarantors/public to find-out the appropriate remedy against the Bank if there is a good ground to challenge the Bank's action. It is also difficult and complicated for the DRT and DRAT to grant relief to the borrowers and the adjudicating authority shall not purely depend upon the technicalities if it suits the Bank and can not ignore the legal principles raised by the borrower as a 'delay tactic'. Just because, the Bank says a particular thing against a particular person, the same can not be the gospel truth. It all depends upon the facts and circumstances of the case.
Referring to the legal background under SARFAESI Act, 2002, dealing with the mandatory nature of Section 13 (3-A) and emphasizing as to the complications while granting relief as we can assume, the Madras High Court in W.P.No.6710 of 2011 reported in CDJ 2011 MHC 4916, is observed as follows:
"9. On classification of the debt as Non-Performing Asset, notice under Section 13(2) is issued giving sixty days time to the borrower for repayment of the debt or in instalment thereof. The notice under Section 13(2) is not appealable under Section 17 of the Act, as that section provides an appeal only against the measures taken under Section 13(4) of the Act. In the event the borrower fails to discharge in full his liabilities within sixty days from the date of notice, the secured creditor is entitled to issue possession notice under Section 13(4) of the Act. Again it has been settled that the possession under Section 13(4) may be physical or symbolic and the secured creditor would be entitled to bring the secured asset for sale. The secured creditor can also file an application under Section 14 before the Chief Metropolitan Magistrate/District Magistrate to assist the secured creditor in taking possession of the secured asset. Considering the application filed under Section 14, the Chief Metropolitan Magistrate/District Magistrate, as the case may be, discharges only ministerial function, as there is no adjudication process involved, and in that context, even no notice to the respondent in the petition is necessary.
10. Keeping the above law in mind, the rights of the secured creditor vis-a-vis the borrower should be considered. As the Act is intended to enable the secured creditor for speedy recovery of the debt from the borrower, the provisions are made very stringent bypassing the normal rule of relegating the parties to Civil Court for recovery of the debt. While such stringent provisions are intended, some minimum safeguards are also made available to the borrower to ensure fairness on the part of the secured creditor while taking measures for recovery of the debt. In this regard, three provisions can be referred to, namely,
(i) an opportunity to make representation or to raise objection in terms of sub-section (3-A) to the notice under sub-section (2) of Section 13;
(ii) the secured creditor could settle between the parties in writing the terms for sale in the event the secured creditor chooses to sell the immovable property by private treaty as envisaged under Rule 8(5)(d) of the Rules.
(iii) The Authorised Officer shall obtain the consent of the borrower and the secured creditor if he fails to obtain a price other than the reserve price and intends to effect the sale at a lower price.
11. In the above background, the question raised in the writ petition must be considered. In MardiaChemicals Ltd., and others v. Union of India and others, (2004) 4 SCC 311, wherein the Supreme Court, in paragraphs 45 to 47, has held as follows:
"45. In the background we have indicated above, we may consider as to what forums or remedies are available to the borrower to ventilate his grievance. The purpose of serving a notice upon the borrower under sub-section (2) of Section 13 of the Act is, that a reply may be submitted by the borrower explaining the reasons as to why measures may or may not be taken under sub-section (4) of Section 13 in case of non-compliance of notice within 60 days. The creditor must apply its mind to the objections raised in reply to such notice and an internal mechanism must be particularly evolved to consider such objections raised in the reply to the notice. There may be some meaningful consideration of the objections raised rather than to ritually reject them and proceed to take drastic measures under sub-section (4) of Section 13 of the Act. Once such a duty is envisaged on the part of the creditor it would only be conducive to the principles of fairness on the part of the banks and financial institutions in dealing with their borrowers to apprise them of the reason for not accepting the objections or points raised in reply to the notice served upon them before proceeding to take measures under sub-section (4) of Section 13. Such reasons, overruling the objections of the borrower, must also be communicated to the borrower by the secured creditor. It will only be in fulfillment of a requirement of reasonableness and fairness in the dealings of institutional financing which is so important from the point of view of the economy of the country and would serve the purpose in the growth of a healthy economy. It would certainly provide guidance to the secured debtors in general in conducting the affairs in a manner that they may not be found defaulting and being made liable for the unsavoury steps contained under sub-section (4) of Section 13. At the same time, more importantly we must make it clear unequivocally that communication of the reasons not accepting the objections taken by the secured borrower may not be taken to give an occasion to resort to such proceedings which are not permissible under the provisions of the Act. But communication of reasons not to accept the objections of the borrower, would certainly be for the purpose of his knowledge which would be a step forward towards his right to know as to why his objections have not been accepted by the secured creditor who intends to resort to harsh steps of taking over the management/business of viz. secured assets without intervention of the court. Such a person in respect of whom steps under Section 13(4) of the Act are likely to be taken cannot be denied the right to know the reason of non-acceptance and of his objections. It is true, as per the provisions under the Act, he may not be entitled to challenge the reasons communicated or the likely action of the secured creditor at that point of time unless his right to approach the Debt Recovery Tribunal as provided under Section 17 of the Act matures on any measure having been taken under sub-section (4) of Section 13 of the Act.
46. We are holding that it is necessary to communicate the reasons for not accepting the objections raised by the borrower in reply to notice under Section 13(2) of the Act more particularly for the reason that normally in the event of non-compliance with notice, the party giving notice approaches the court to seek redressal but in the present case, in view of Section 13 (1) of the Act the creditor is empowered to enforce the security himself without intervention of the Court. Therefore, it goes with logic and reason that he may be checked to communicate the reason for not accepting the objections, if raised and before he takes the measures like taking over possession of the secured assets etc.
47. This will also be in keeping with the concept of right to know and lender's liability of fairness to keep the borrower informed particularly the developments immediately before taking measures under sub-section (4) of Section 13 of the Act. It will also cater the cause of transparency and not secrecy and shall be conducive in building an atmosphere of confidence and healthy commercial practice. Such a duty, in the circumstances of the case and the provisions is inherent under Section 13(2) of the Act."
12. The very same question again came up for consideration before the Supreme Court in Transcorev. Union of India and another, (2008) 1 SCC 125, wherein the Supreme Court has held as follows:
"24. Section 13(3) inter alia states that the notice under Section 13(2) shall give details of the amount payable by the borrower as also the details of the secured assets intended to be enforced by the bank/FI. In the event of non-payment of secured debts by the borrower, notice under Section 13(2) is given as a notice of demand. It is very similar to notice of demand under Section 156 of the Income Tax Act, 1961.After classification of an account as NPA, a last opportunity is given to the borrower of sixty days to repay the debt. Section 13(3-A) inserted by amending Act 30 of 2004 after the judgment of this Court in Mardia Chemicals (supra), whereby the borrower is permitted to make representation/ objection to the secured creditor against classification of his account as NPA. He can also object to the amount due if so advised. Under Section 13(3-A), if the bank/FI comes to the conclusion that such objection is not acceptable, it shall communicate within one week the reasons for non-acceptance of the representation/objection. A proviso is added to Section 13(3-A) which states that the reasons so communicated shall not confer any right upon the borrower to file an application to the DRT under Section 17. The scheme of sub-sections (2), (3) and (3-A) of Section 13 of NPA Act shows that the notice under Section 13(2) is not merely a show cause notice, it is a notice of demand. That notice of demand is based on the footing that the debtor is under a liability and that his account in respect of such liability has become sub-standard, doubtful or loss. The identification of debt and the classification of the account as NPA is done in accordance with the guidelines issued by RBI. Such notice of demand, therefore, constitutes an action taken under the provisions of NPA Act and such notice of demand cannot be compared to a show cause notice. In fact, because it is a notice of demand which constitutes an action, Section 13(3-A) provides for an opportunity to the borrower to make representation to the secured creditor. Section 13(2) is a condition precedent to the invocation of Section 13(4) of NPA Act by the bank/FI. Once the two conditions under Section 13(2) are fulfilled, the next step which the bank or FI is entitled to take is either to take possession of the secured assets of the borrower or to take over management of the business of the borrower or to appoint any manager to manage the secured assets or require any person, who has acquired any of the secured assets from the borrower, to pay the secured creditor towards liquidation of the secured debt.
25. Reading the scheme of Section 13(2) with Section 13(4), it is clear that the notice under Section 13(2) is not a mere show-cause notice and it constitutes an action taken by the bank/FI for the purposes of the NPA Act."
13. Most recently in KanaiyalalLalchand Sachdev v. State of Maharashtra, (2011) 2 SCC 782,the Supreme Court once again indicated the scope of Section 13(3-A) of the SARFAESI Act in the following words :-
"16. Section 13(3-A) of the Act was inserted by Act 30 of 2004 after the decision of this Court in Mardia Chemicals and provides for a last opportunity for the borrower to make a representation to the secured creditor against the classification of his account as a non-performing asset. The secured creditor is required to consider the representation of the borrowers, and if the secured creditor comes to the conclusion that the representation is not tenable or acceptable, then he must communicate, within one week of the receipt of the communication by the borrower, the reasons for rejecting the same."
14. In Mardia Chemicals Ltd., two substantial contentions were raised on behalf of the borrowers before the Supreme Court, the first being the absence of an adjudicatory mechanism available to the borrowers and the second relates to the denial of an opportunity to state their case before issuance of a notice under Section 13(2) of SARFAESI Act.
(a) The first contention was opposed by the Union of India on the ground that the transaction in question was essentially one in the contractual field involving two contracting parties and as such, there was no question of compliance with the principles of natural justice. The said contention was negatived by the Supreme Court. The Supreme Court said :-
"69. On behalf of the respondents time and again stress has been given on the contention that in a contractual matter between the two private parties they are supposed to act in terms of the contract and no question of compliance with the principles of natural justice arises nor the question of judicial review of such actions needs to be provided for. However, at the very outset, it may be pointed that the contract between the parties as in the present cases, is no more as private as sought to be asserted on behalf of the respondents. If that was so, in that event parties would be at liberty to seek redressal of their grievances on account of breach of contract or otherwise taking recourse to the normal process of law as available, by approaching the ordinary civil courts. But we find that a contract which has been entered into between the two private parties, in some respects has been superseded by the statutory provisions or it may be said that such contracts are now governed by the statutory provisions relating to recovery of debts and bar of jurisdiction of the civil court to entertain any dispute in respect of such matters. Hence, it cannot be pleaded that the petitioners cannot complain of the conduct of the banking companies and financial institutions for whatever goes on between the two is absolutely a matter of contract between private parties, therefore, no adjudication may be necessary.
(b) The second contention pertaining to the violation of the principles of natural justice was answered by the Supreme Court thus :-
"77. It is also true that till the stage of making of the demand and notice under Section 13(2) of the Act, no hearing can be claimed for by the borrower. But looking to the stringent nature of measures to be taken without intervention of court with a bar to approach the court or any other forum at that stage, it becomes only reasonable that the secured creditor must bear in mind the say of the borrower before such a process of recovery is initiated so as to demonstrate that the reply of the borrower to the notice under Section 13(2) of the Act has been considered applying mind to it. The reasons, howsoever brief they may be, for not accepting the objections, if raised in the reply, must be communicated to the borrower. True, presumption is in favour of validity of an enactment and a legislation may not be declared unconstitutional lightly more so, in the matters relating to fiscal and economic policies resorted to in the public interest, but while resorting to such legislation it would be necessary to see that the persons aggrieved get a fair deal at the hands of those who have been vested with the powers to enforce drastic steps to make recovery. (emphasis supplied).
15. The judgments of the Supreme Court in Transcoreand Kanaiyalal Lalchand Sachdevalso proceed on the basis that Section 13(3-A) was in the nature of an opportunity to the borrowers to submit their case and the secured creditor was expected to consider the objection and it should result in a reply before initiating further proceedings under Section 13(4) of the Act.
16. The provisions of the Code as it stood originally do not contain a provision to give opportunity to the borrower to make any representation or raise any objections before the secured creditor to take measures under Section 13(4) of the Act. As per the then existing provisions, Section 13(2) was followed by action under Section 13(4) in case the borrower failed to discharge his liabilities in full within the period prescribed under sub section (2) of Section 13.
17. SARFAESI Act was challenged in Mardia Chemicals Ltd., primarily on the ground that Banks and Financial Institutions have been vested with arbitrary powers without any guidelines for their exercise and also without providing any appropriate and adequate mechanism to decide the disputes relating to the correctness of the demand, its validity and the actual amount sought to be recovered from the borrowers. The basic contention in Mardia Chemicals Ltd., was that the offending provisions as contained under the Act, are such that, it all has been made a one-sided affair while enforcing drastic measures of sale of the property or taking over the management or the possession of the secured assets without affording any opportunity to the borrower. The challenge made to the SARFAESI Act was considered by the Supreme Court in the said background. The Supreme Court found that the borrowers were not given any opportunity before taking the extreme step of taking possession or management as provided under Section 13(4) of the Act. The Supreme Court also found that the purpose of serving a notice under Section 13(2) was to enable the borrower to submit a reply, explaining the reasons as to why measures may or may not be taken under sub section (4) of Section 13. The Supreme Court wanted an internal mechanism at the Bank level to consider the objections filed by the borrowers and to submit a reply to the borrowers with reference to such objections before taking the drastic measures under Section 13(4) of the Act.
18. The decision of the Supreme Court in MardiaChemicals Ltd. was made on 8th April, 2004. It was only to give effect to the observation made by the Supreme Court in the said judgment, the SARFAESI Act was amended and Section 13(3-A) was inserted by way of Act 30/2004 with effect from 11th November, 2004.
19. The statement of objects and reasons appended to the Amendment Act 30/2004 shows that it was virtually to give effect to the valuable suggestions given by the Supreme Court in MardiaChemicals Ltd., the Act was amended. In fact, realizing the importance of the issue, originally, an ordinance was promulgated on 14th November, 2004 as the Parliament was not in session and subsequently, it was replaced by Act 30/2004.
20. The Supreme Court in Mardia Chemicals Ltd., very clearly stated that before proceeding to take measures under Section 13(4) of the Act, the borrower should be apprised of the reasons for not accepting their objections or points raised in their reply to the notice served upon them under Section 13(2) of the Act. The observation made by the Supreme Court with respect to the reply has to be considered in the light of the challenge made by the borrower against taking drastic measures under Section 13(4) without an opportunity to submit their version. Therefore, the Supreme Court very categorically stated that before proceeding to take measures, the reply notice must be served. Parliament by prescribing a short period of seven days to give a reply, wanted the Banks to Act swiftly so as to enable them to take further proceedings under Section 13(4) of the Act.
21. In Mardia Chemicals Ltd., the Supreme Court also stated that reasons given by the Banks for not accepting the objections raised by the borrower would not be a ground to challenge the proceedings. The said observation was also taken note of by the Parliament and accordingly, a proviso was appended to sub- section (3-A) of Section 13, whereby it was made clear that the reasons communicated or the likely action of the secured creditor at the stage of communication of reasons shall not confer any right upon the borrower to prefer an application to the Debts Recovery Tribunal under Section 17 of the Act.
22. The learned senior counsel for the petitioners contended that the very fact that the Parliament denied the right to the borrowers to challenge the reasons stated in the communication sent by the Bank by way of reply to the objections submitted to the notice under Section 13(2) shows that no right would accrue to the borrower in case reply is not given as prescribed under Section 13(3-A).
23. The Parliament wanted the Banks and Financial Institutions to recover the dues after giving a reasonable opportunity to the borrowers. It was only with that purpose, proviso was added to sub-section (3-A) of Section 13, barring legal action, to challenge the reasons given in the reply notice sent by the Banks. The Parliament has prescribed a period of one week to the Banks and Financial Institutions to send a reply to the objection filed by the borrowers pursuant to Section 13(2) of the Act. The fact that the Act is silent about the consequences of not sending a reply would not show that the direction is not mandatory. The requirement of sending a reply to the notice within a period of one week has to be considered in the light of the proviso to sub-section (3-A) of Section 13 of the Act. It is only against the reasons which are found in the reply notice, no action is possible. The absence of any provision in the Act indicating the consequences for not sending a reply cannot be taken as a ground to contend that the requirement to send a reply is not mandatory in nature and it is rather optional.
24. The SARFAESI Act being made with the sole intention of speedy recovery of the debts to the Banks and Financial Institutions contains only very few provisions giving a right to the borrowers to submit their version and have it considered by the Bank. Section 13(3-A) is one such provision which mandates consideration of their objections. The other two provisions are Rule 8(8) and the second proviso to Rule 9(2) of the SARFAESI Rules. The requirement as provided under Section 13(3-A) cannot be treated as an empty formality. The borrowers must be in a position to know the reasons which made the Bank to reject their objections on proposals. The question of compliance of the requirement as indicated in the notice under Section 13(2) would arise only in case the Bank intimates the borrower about the disposal of his objection made to the notice issued by the Bank. Section 13(3-A) if considered in the light and in the factual background of the judgment in Mardia Chemicals Ltd., would lead to no other conclusion than the requirement of sending a reply within a period of one week is mandatory in nature.
25. The Supreme Court in Transcore case held that issuance of notice under Section 13(2), consideration of objections and intimating the decision on such objections to the borrower under Section 13(3-A) and taking possession under Section 13(4) all constitute action taken by the Banks and Financial Institutions for the purpose of the SARFAESI Act.
26. Section 17 provides that any person [including a borrower] aggrieved by any of the measures referred to in sub-section (4) of Section 13, taken by the secured creditor can approach the Debts Recovery Tribunal within forty five days from the date on which such measures had been taken. Section 17(2) mandates that the Recovery Officer should consider as to whether any of the measures referred to in sub-section (4) of section 13 taken by the secured creditor for enforcement of the security are in accordance with the provisions of the Act and the rules made thereunder.
27. The Supreme Court in Transcore, while considering the jurisdiction of the Debts Recovery Tribunal, observed that the scheme of Section 13(4) read with Section 17(3) shows that if the borrower is dispossessed not in accordance with the provisions of the Act, then Debts Recovery Tribunal is entitled to put the clock back by restoring the status quo ante. Since the measures taken under Section 13(4) would include the action commencing from issuance of notice under Section 13(2) and reply under Section 13(3-A), it is well within the jurisdiction of the Debts Recovery Tribunal to consider as to whether there was compliance of the condition enumerated under Section 13(3-A) of the Act. In short, the consideration of the correctness and legality of the measures taken by the Bank under Section 13(4) would include all the proceedings commencing from section 13 (2) and therefore, necessarily, the Tribunal has to consider the compliance of section 13(3-A) also.
28. The observation of the Supreme Court in Transcore, after extracting Section 13(2) and 13(3-A), is that once two conditions under Section 13(2) are fulfilled, the next step for the Banks and Financial Institutions is either to take possession of the secured assets of the borrower or to take over management of the business of the borrower or to appoint any manager to manage the secured assets or require any person, who has acquired any of the secured assets from the borrower, to pay the secured creditor towards liquidation of the secured debt, also supports the view that sending a reply to the borrower under Section 13(3-A) is a mandatory condition to be fulfilled by the Bank before taking possession under Section 13(4) of the Act.
29. A similar question came up for consideration before a Division Bench of the Karnataka High Court in Mrs.SunandaKumari v. Standard Chartered Bank represented by its Authorised Officer, 2006 (4) KCCR 2216, wherein the Division Bench observed as follows:
"It is not disputed that even though the petitioners had submitted Annexure 'C' reply to Annexure 'B' notice issued under sub-section (2) of Section 13, the respondent bank had not sent any communication to the petitioners as required under sub-section (3A) of Seciton 13. Annexure 'D' application was filed before the Chief Metropolitan Magistrate only on 27.1.2005 i.e,, after sub-section (3A) was inserted in Section 13. Sub-section (3A) casts a duty on the secured creditor to consider the representation made or objection raised by the borrower and if the secured creditor comes to the conclusion that such representation or objection is not acceptable or tenable, he is bound to communicate to the borrower the reasons for non-acceptance within one week of receipt of the representation or objection. Thus, sub-section (3A) confers on the borrower a right to know the reasons for the non-acceptance of his representation or objection by the secured creditor. Hence the secured creditor is statutorily bound to consider the borrower's representation or objection and if the representation or objection is not tenable or acceptable, he is bound to communicate the reasons for such non-acceptance. If the borrower does not receive any communication from the secured creditor conveying the reasons for non-acceptance of the objection, he is entitled to presume that the secured creditor has found the representation acceptable and the objection tenable. Since the respondent-bank failed to discharge its statutory obligations under sub-section (3A) of Section 13 of the Act, the action initiated by the respondent under sub-section (4) of Section 13 and Section 14 is illegal and irregular...."
30. A learned Judge of the Gujarat High Court in Tensile Steel Ltd., and another v. Punjab and Sind Bank and Others, AIR 2007 Gujarat 126(1), has observed as follows:
"21.....It is not denied that the said reply had been received by the Bank. However, the Bank did not consider and decide the same. Sub-section (3-A) of Section 13 of the Act of 2002 enjoins the Bank to consider and decide such reply/objection and to communicate the decision thereof. Unless and until the said exercise is completed, the Bank is not authorised to proceed further and take any of the measures under sub-section (4) of the said Section 13. In the present case, it is indisputable that the Bank, without complying the mandatory requirement under sub-section (3-A) of the said Section 13, proceeded further under sub-section (4) of the said Section 13, took the assistance of the District Magistrate under Section 14 of the Act of 2002; and took over the possession of the secured assets. The action of the Bank is certainly contrary to the statutory mandate. The same requires to be quashed and set aside on that ground alone."
31. The aforesaid judgment has been quoted with approval by a Division Bench of the Orissa High Court in KrushnaChandra Sahoo v. Bank of India and others, AIR 2009 Orissa 35 and the Division Bench observed as follows:
"7. A conjoined reading of both the provisions referred to hereinabove makes it clear that it is obligatory on the part of the authority first to consider and dispose of the objection by a speaking and reasoned order and communicate the order to the person aggrieved i.e, the borrower/guarantor. It is a condition precedent for issuance of notice under Section 13(4) of the Act. The authority cannot ignore the statutory provisions treating them merely to be a decoration piece in the statutes rather they require strict adherence for the simple reason that the financial institutions have been conferred with certain privileges for making expeditious recovery from the borrowers by-passing the onerous and lengthy procedure of civil suits."
32. Mr.A.L.Somayaji, learned senior counsel for the third respondent would rely upon a Division Bench judgment of this Court in V.Nobelkumarv. The Authorised Officer, Standard Chartered Bank and others, 2011 (1) CTC 513 to contend that this Court has already held that the reply to the representation/objection made by the borrower under Section 13(3-A) and Rule 3-A(c) to the notice under Section 13(2) is mandatory. Though the said observation is also to the same view we are taking in this writ petition, we may add that the said observation was made in the context of considering the power of the Chief Metropolitan Magistrate/District Magistrate to pass orders under Section 14 only and not on any detailed discussions on the issue.
33. For all the above reasons, we hold that the right conferred on the borrower to make a representation is a valuable right and in the event the borrower either chooses to make his representation or raises objection, in the event the secured creditor comes to the conclusion that such representation/objection is not acceptable or tenable, the secured creditor shall communicate the reasons for such non-acceptance of the representation/objection to the borrower within seven days of the receipt of such representation/objection. Hence, the requirement to reply is mandatory."


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Three New Required Roles for your company: (#3) Media Mogul
April 27, 2010 14 Comments
Longer ago than I'd like to mention, I started a series called "Three New Required Roles for your company". As the business landscape changes, shifts in business models and design require new roles and adjustments to traditional thinking. New opportunities emerge, and businesses who understand the greater trends can profit from seizing these gaps in market awareness and efficiencies.
In the first first two posts of this series, I advocated incorporating two new roles into your organization. These were:
(1) The CIA Operative, which highlighted the importance of listening to what folks are saying about your company, your products and services and other key topics that are relevant to what your organization is interested in.
(2) The Social Anthropologist, which highlighted a rapidly growing requirement for a skill set that has previously been relegated to studies of remote people groups, but now has potential ground breaking applications for forward looking organizations. Know your customers (and their network).
If you haven't read those, or you need to refresh your memory, please (re)read those at your convenience, as I'd love to hear your thoughts, feedback, criticism (or praise).
Now, let's take a look at the third and final critical role necessary for you to compete in the new business landscape: Your company's very own Media Mogul.
I'm not talking about a web designer. I'm not talking about the Director of Marketing who comes up with good campaign ideas and glossy slicks to hand out at trade shows. I'm not talking about Press Releases.
I'm literally asking you to think about figureheads like Rupert Murdoch, Michael Bloomberg, Oprah Winfrey, Steve Forbes, Ted Turner, etc. Get those people in your mind. Imagine them working for your company. Think about how they'd corral attention in your business domain. Keep them there and let that image frame this conversation. We'll come back to those folks later.
There are at least 5 reasons why we need to consider this strategic hire:
(1) Time is the most elusive resource for all of us. We increasingly only seek media that we want and need. Filters play an increasingly important role in our daily lives. Your customers, prospects, partners, influencers, and vendors in the same boat. If you're not providing something that they want or need, it's not getting through.
(2) EVERYONE (including you and I) now has access to content creation tools AND significant media distribution channels. More and more individuals and organizations are hopping into the pool everyday.
(3) Traditional company centric messaging is increasingly ignored, less effective, and more expensive
(4) The makeup of Internet content is rapidly moving:
—> AWAY from text TO rich media
—> AWAY from computer based interaction TO mobile device interaction
—> AWAY from unidirectional communication and information consumption TO multi-directional annotated sharing, conversation, and feedback
(5) Valuable Content is being syndicated at exponential reach through newly formed and evolving "Communities of Trust".
Look at points 1 and 2. Merge them together. Time is the most elusive resource for all of us and EVERYONE has access to content creation tools AND significant media distribution channels.
There is an absolute collision happening right now. Blogs, Microblogging, Video Production, and other Interactive Media Production is now essentially open to everyone. A huge majority of new media distribution is on "free" channels. There is a rush to participate.
People who were already faced the challenge of time management, are now faced with an increasing complex dilemma of what to read, who to listen to, who to talk to, etc., and every day there are more entrants competing for our time and attention… for your customer's and prospect's time and attention.
In short, there is chaos. And, where there is chaos, there is opportunity.
With the inability to filter, we look for others to help us with our decisions of what media to consume. Who do we trust? People we like. People we trust. People we admire. People…like us. This is one reason why Valuable Content is being syndicated at exponential speed and reach through newly formed and evolving "Communities of Trust".
There is a heated battle happening for attention.
Those that are able to capture it, provide something extraordinary while they have it, and enable those that engage to share with their trusted circle have a huge advantage. Once you gain pole position, you have a great chance to stay there. (Hat tip to Tom Foremski at Every Company is a Media Company who provided this analogy and seems to have very similar thinking on this)
For a moment, let's bring those media moguls we referenced earlier back to the forefront of this conversation. What is the common thread for each of them? There are probably dozens, but here's a key one: They have consistently created (bought, or curated) compelling and interesting content consistently over time that attract people AND keep their attention. Many of them have also bought distribution channels so that they could control the content on each respective channel.
Who else is doing this, and what benefits have they reaped?
Wine Library
Gary Vaynerchuk grew his family's local New Jersey liquor store into a $60 million dollar a year business by creating a daily video blog Now he's written a book, has signed a multi-book deal, has joined the speaker circuit, and his company is growing even more as he rides the media wave.
Blendtec – a blender manufacturer
Created one of the most successful viral marketing campaigns ever and increased their retail sales by more than 700% because of it! Read the case study. Perhaps many of you can relate.
They've since parlayed their initial success of that "media" into the production of 96 videos capturing the attention of millions of would be customers.
In another recent stroke of genius, they leveraged the recent hype and publicity of the iPad to create this cameo appearance on YouTube, which oh, by the way, has garnered more than 6 MILLION views in just a few weeks. Here's the video:
Here's another example from BluDot, a chair manufacturer who observed a community culture in SoHo of those who liked to find interesting things on the street and take them home. In response, they came up with a creative experiment, and subsequent video:
But, it doesn't have to be video.
Read this article posted on the American Express OPEN site about how a university differentiated themselves by giving their prospective attendees (prospects) something useful that helped them achieve what they are trying to do.
The Altimeter Group recently produced a framework for Social CRM which has garnered nearly 40,000 views at the time of writing this post, which by the way, is a very good starting point if you are considering a Social CRM initiative.
You get the idea. Think along these lines. Think outside the realm of your traditional thinking. You are now a media company.
And if you want to get a glimpse of where this all is heading so you can be ahead of the curve, here's a VERY interesting glimpse into the future of publishing:
And finally, if you're still not convinced, check out what's happening over at salesforce.com.
It seems that marketing and business visionary Marc Benioff also sees things the way that I do. In addition to Salesforce.com's recent acquisitions of Jigsaw and launch of VMForce, he just hired his own Media Mogul, Steve Gillmor, away from TechCrunch.

subset: commoncrawl


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Amanda O'Reilly is at the beck and call of many of Ottawa's top business people. As a personal concierge, there isn't much she wouldn't do for her clients.
Want out of a relationship? She'll do the dirty work and break up with the boyfriend. Need help assembling IKEA furniture? She'll hire someone to do it. This Jill-of-all-trades is an event planner, private chef, wardrobe consultant, wedding co-ordinator, gardener and the list goes on.
"As long as the request is legal and ethical, we never say no to anything," she says. "We take people out of a tailspin and let them breathe while managing their life's details. Whatever they want, consider it done."
The personal concierge business is estimated to be a $1 billion-a-year industry worldwide. O'Reilly's clients include CEOs, small-business people, doctors and several single dads.
"There is no longer a clear line between home and business. Everyone is connected to their BlackBerry and iPhone and is expected to be within reach at all times. People aren't present in society. We bring balance to their life and work behind the scenes. Even Santa has helpers."
Six years ago, the plucky 39-year-old walked away from a six-figure income in the hightech industry to begin Balance InStyle from her home with a mere $12,000 in revenue.
Today, she has 120 licensed vendors, more than 350 clients and revenues of more than $650,000.
"I have done it all. I started out cleaning toilets and today organize private jets for corporate clients and even write dating profiles for busy executives. I would never send someone into your home that didn't meet my standards. "
For her female clients, she's often called to help out with laundry, yard work, groceries and preparing meals. "As women, we often feel that we have to do it all and if we don't, we're failures. People are slowly starting to invest more time in themselves. They need to trust us. We work for a number of women doctors who basically don't have a life."
In 2009, O'Reilly launched two other companies to complement her brand: Weddings InStyle and Events InStyle. Flush with success, she took up shop in the heart of the ByWard Market on Murray Street.
After spending more than $100,000 on renovations, the chic, 2,000-square-foot space has a homey, New York loft feel that is ideal for hosting social gatherings such as wedding ceremonies and receptions.
"Gone are the days where there are 300 people at a wedding. We can serve dinner for 70 and cock-tails for 100. Other than the kitchen, anything can be moved. We can do as much or as little as the client wants."
O'Reilly is a licensed wedding of-ficiant and has hosted more than 150 weddings. Along with co-worker, "back bone," and best friend, Jillienne Currie, the two have carried out several themed weddings, including one where a couple's dogs acted as ring bearers.
Prices start at $300 for five hours and $2,500 for 50 hours of service.
O'Reilly and her companies have been garnering a lot of attention lately. She's considering taking part in a reality show, was featured in a national magazine and was named one of Ottawa's top 40 under 40.
One of her biggest coup's was being hired by IBM to work on their Smarter Cities Challenge project, which will take place in Ottawa from Sept. 8 to Sept. 28.
"IBM is spending $50 million over three years on 100 cities around the world to help solve a local crisis. Mayor Jim Watson applied and won and seven brainiacs, who don't know one another, are being flown to Ottawa to study our light-rail issue."
O'Reilly has been appointed den mother. She has to find the IBM team a home, have it outfitted for all their needs, which includes meals, expenses and transportation.
"Right now, I'm looking for a homeowner who has a seven-bed-room home or for a home that's vacant. It's crunch time. I have to out-fit the home right down to the linen and kitchen mixer. When it's over, I pack up everything and IBM donates all of the stuff to charity."
O'Reilly says the group will spend 10 days in meetings at City Hall and then retire to the home to write a proposal for the city.
"There's going to be a lot of drama to find the right home. I expect this to be a 400-hour project."
O'Reilly, who grew up in Ottawa South and attended Lisgar Collegiate, got the idea for her company shortly after a good friend passed away from breast cancer. "The experience was so painful. I was on the sidelines trying to help Mish, who had just given birth to her second child. There was so much to do."
O'Reilly scoured the web searching for someone who could do every-thing from A to Z and there wasn't.
"I love what I do. My parents gasped at first and wondered why I'd want to be a maid.
"Six years later, they admit I'm onto something and that it was a risk worth taking."


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Coronavirus Update - We are pleased to say that we are currently open and despatching as normal at this time but please be aware that delivery times may be longer than usual.
Home > Italian > Italian - English Bilingual Books for Children
Product Code: 6063
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Pauline Mackay / Illus. Shelley Mackay
Wee MacNessie shares his likes and dislikes with the world in this humorous and endearing reinvention of the world-famous Loch Ness Monster. Simple text aids first language-learning and delicate watercolour illustrations capture life around Urquhart Castle.
An easy-to-read dual language Italian / English edition, this book has been especially developed for children learning either Italian or English as a foreign language. It is a short story, featuring many first language phrases such as "my name is" and "I live in..".
Paperback, 24pp, 220 x 220mm
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Inter president Massimo Moratti says Juventus were fortunate to leave San Siro with maximum points following Saturday's 2-1 defeat to the league leaders.
Alessandro Matri proved to be the difference between the two teams by netting the decisive winner and, speaking to the club's official website, the president says his team's performance warranted at least a point.
"The team played well. The game ended the way it did because things didn't go well for us but the team were in it in the second half," he said.
"The first half was kind of the usual ... though having said that neither side did all that much to be honest. The second half was great to watch and a draw would definitely have been more appropriate. It's a shame."
The 67-year-old also refused to be drawn into imagining what might have been following a number of rejected penalty appeals.
He added: "Penalties? There was definitely one on Cassano but they didn't give it so there's no point standing around complaining about it."
The defeat leaves Inter's slim aspirations of returning to the Champions League in tatters following Milan's 1-0 victory over Chievo, a result which consolidates their position in third place and extends their lead to 10 points over their neighbours.
Moratti's team have a rescheduled match with Sampdoria to play on Wednesday after the original fixture was postponed because of inclement weather.


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Price: £2,011
Own Art makes buying art easy and affordable by letting you spread the cost of your purchase over 10 months with an interest free loan. Contact Us to arrange purchasing a work via Own Art
We do not deliver any works purchased from The Columbia Threadneedle Prize.
Collection of the works can only take place after the close of the exhibition. The earliest date for collection is provided with your receipt, which you will receive in the post after purchase.


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The Fidil Beo series of hour-long lunchtime concerts showcasing Clare's finest fiddle players runs all week. Opening the week will be Joan Hanrahan from Lissycasey, also widely known for her role as presenter on Clare FM's The West Wing. Joan will be joined by Eoin O'Neill on bouzouki and Brid O'Gorman on flute.
Monday 15
Joan Hanrahan with Brid O'Gorman, (flute) & Eoin O'Neill (bouzouki)
Tuesday 16
Michael Queally with Noel O'Donoghue, (flute) & Padraic O'Reilly, (piano)
Wednesday 17
James Cullinan & Tony Linnane with Carol Cullinan, (piano)
Thursday 18
Vincent Griffin with Tim Collins, (concertina) & Padraic O'Reilly (piano)
Friday 19
Siobhan Peoples with Murt Ryan, (accordion) & Brian Mooney (bouzouki/banjo)
Saturday 20
Seamus Connolly with Martin Connolly, (accordion), Geraldine Cotter, (piano) & Damien Connolly, (accordion and fiddle)
About Fidil Beo
The Fidil Beo concert series was founded by Vincent McMahon in the 1990s, and ran on a monthly basis in Maoin Cheoil an Chláir. It featured many of the greats of the time: Martin Hayes, Tommy Peoples, Tony Linnane, among others. Fleadh 2016 revisits this concept by showcasing Clare's greatest fiddle talents.


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Harley Earl, the General Motors VP/Director of Styling and Design who unveiled the very first concept vehicle, and whose "dream" cars such as the GM LeSabre defined the Motoramas of the 1950s, occupies a very special place in the history of the Corvette.
Earl is considered by many historians to be the father of the Corvette, for it was his wild imagination that gestated the idea. The inspiration, or "muse," as Earl's grandson Richard explains it, was the time Earl spent with the LeSabre concept car, specifically when he chaperoned it and drove it as the pace car at an auto race in Watkins Glen, New York, in September 1951.
In a January 1954 interview with Detroit journalist Stanley H. Brams, Earl acknowledged his parental role in the Corvette's creation. "The Corvette was a little thing that I started," Earl said. "I ran that LeSabre up pacing a sports-car race at Watkins Glen, and that's where I got the idea."
Throughout the Corvette's introduction year, Earl was the car's biggest proponent within GM. It was he who staged the parade of 28 red, white, and black Corvettes that cruised down a Southern California freeway on May 1953. If he wanted somebody to have a Corvette-for TV, movies, publicity, or as a favor-he always got his way. One notable example was the second '53 Corvette off of the Flint, Michigan, assembly line. It went to Earl's younger brother, William "Bill" Earl, with a license plate that read "FLA," simply because that's the way Harley wanted it. (This particular Corvette was used by the Earl family in South Florida, where they vacationed in the 1950s.)
In the mid- and late-'50s Earl worked on space-age experimental cars that he dreamed would someday fill the highways and city streets across America. He designed and developed the Firebird I, Firebird II, and Firebird III gas-turbine "cars of the future," and devoted his final years at GM to the Cadillac Cyclone, a dream car that was light-years ahead of its time. In December 1958 Earl retired from GM, after years of what is considered by many to be the golden age of not only the automobile-design profession, but also the entire American auto industry.
In 1959, Earl moved to a new home at 995 South Ocean Boulevard in Palm Beach, Florida. "Harley and Sue Earl lived in a modest, three-bedroom, Bermuda-styled house on the beach," recalls Harley's daughter-in-law, Connie Earl. "He liked to take long beach walks and often went fishing for pompano, knowing that they are excellent eating. Most of the time, Harley kept to himself. I don't think anyone knew him well. His number one love in life, even over his family, was automobiles.
"Many people would slow up and do a drive-by of Harley's oceanfront house, to see the rare Corvettes designed by him, or sneak a peek to see if any other GM Motorama 'dream' cars were there, like the LeSabre or the Oldsmobile F88 II or F88 III," Connie continues. "Back then, during practically anytime in the 1960s, you couldn't miss seeing a sunburst-colored Corvette sitting on Harley's driveway, soaking up the Florida sun."
Harley Earl died in 1969, and the days of wild, custom Corvettes at the Earl household drew to a close. "I remember in the early '70s, when getting into Grandma Sue's yellow Firebird, she'd sometimes say how sad it was to no longer drive one-of-a-kind Corvettes. She'd remind us that once Harley passed away, GM stopped supplying free Corvettes to us," Connie says.
GM never had a need to photograph the one-of-a-kind Corvettes that populated the driveway of Harley's Palm Beach house, but the Earl family took pictures of these and the other notable cars that arrived there on a frequent basis. The vast majority of the surviving photos are from the years 1963-1967. According to Harley's grandson Richard, "We had many more photos, but they were destroyed accidentally in the 1970s."
So come with us now, as we tell a story that has been waiting more than 40 years to be told: the Corvettes in Harley Earl's driveway.
A Ride to Remember
By Richard Earl (with Christopher R.Phillip)
Harley and his wife, Sue, had the greatest American cars in their driveway during the 1960s-customized Corvettes specially minted at the GM Technical Center's ultra-futuristic "Styling Section" in Warren, Michigan. Most Americans only read about Harley in major newspapers or in the pages of a national magazine, but I got to be around him frequently. He was my grandfather.
Harley had a tradition of letting his grandchildren ride with him in his '63 Corvette convertible on their birthdays. My two older sisters, Suzie and Liz, and my brother, Courtney, had already been through their birthday rite-of-initiation. On December 27, 1967, it was my turn to be one of Harley's riders. I had just turned 8 years old, and my mom, Suzie, dropped me off at Harley's house for my gift. I bounded out of the car, ran inside the house, jumped on his lap, and remember him giving me a kiss and tickling me a little. All of Harley's grandkids growing up in the 1960s knew he was the stuff legends were made of. It was a special occasion to go for an exclusive one-on-one joy ride with him, and I didn't take it for granted.
I waited excitedly for him to find his keys. Pops-as we all called Harley-could see how eager I was, and so he teased me and told me that the housekeeper must have misplaced them. Then, I remember the magic sound of jangling metal upon metal in his pocket (he knew they were there all along) as he got up and started walking for the front door. I knew what was about to unfold-it was my turn to experience my very own birthday-ritual ride in Harley's custom '63 Corvette convertible.
While turning the key, Harley looked over at me from the driver side of the Corvette's two-seat cockpit and asked, "You ready to roll?" With that, the engine roared to life with the sound from those unique side pipes. He always launched his Corvettes hard coming out of the driveway onto South Ocean Boulevard, because an Australian Pine hedge near the property grew fast and always seemed to block the driveway's view of oncoming traffic.
The cars were moving fast on this day, but Harley just punched the accelerator as always, spraying driveway gravel every which way, and glided his shiny blue Corvette up to speed in a heartbeat. At that exact moment, I knew how much fun Harley was going to show me on my birthday.
There was no avoiding it, but people always eyeballed Harley when he drove his '63 Corvette. Perhaps it was the car, or maybe it was the image he presented, an extremely tall fellow cruising through town wearing his aviator sunglasses. When we went by the public beach area in the heart of Palm Beach, people did full head-turns on the high street curb and looked down at us in the beautiful Corvette, which was replete with a wide array of technological dials and dashboard gizmos they'd never seen before; this car even had an altimeter!
Afterwards, Harley and I cruised up North Ocean Boulevard on the way to the top end of the island, to the inlet dock. There's a nice quarter-mile stretch of palm-tree-laden roadway where you're so close to the turquoise-blue ocean you can practically touch it. That's when Harley downshifted the four-speed manual transmission, glued the accelerator to the floorboard, and gunned forward at maximum horsepower.
From as fast as the needle would go up on the speedometer, Harley then slowed the Corvette down as he shifted gears and braked while going into an S-turn. From there the road snaked inland off the ocean; we kept journeying northward to the inlet 2 miles ahead. On arriving at the inlet, I looked the one-off Corvette over with awe. Even at 8 years old, I could tell that there was something extremely special about the Corvette's curvaceous body, and that Harley's was the best of them all.
Before I knew it, we were back in the Corvette again, heading southward to my house where I'd be dropped off. Harley wished me happy birthday, and my idyllic Corvette ride with him was over.
I remember my enormous smile from 42 years ago. There's no doubt it's the same reaction legions of adoring Harley Earl fans have whenever they see one of his Corvettes today.
Special thanks to the Earl family, especially Connie and Richard Earl, for their invaluable assistance in assembling this story. Learn more about Harley Earl at the Official Harley Earl website, www.carofthecentury.com.


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Showing old form, Ubaldo shuts down Twins
Prized free agent picks up first win for O's vs. old AL Central foe
MINNEAPOLIS -- This was the Ubaldo Jimenez the Orioles had been waiting for.
The much-maligned right-hander, signed to a four-year, $50-million deal this winter, found a home against same division in which he spent most of the past three seasons, turning in a gem Friday night at Target Field that finally helped show his new club why Jimenez was worth the investment.
Eclipsing his season high in strikeouts before the fifth inning ended, Jimenez fanned 10 over an electric 7 1/3 scoreless innings en route to his first win for the O's, a 3-0 victory over the Twins that followed a miserable April for the starter.
Jimenez said he was "definitely" relieved by the outing, which followed a 6.59 ERA in the season's opening month. "April was really tough. I really worked hard, and every year I start to get better and better in May. I couldn't wait until we got to May."
While Jimenez came up early, Thursday's calendar flip wasn't nearly as kind to the rest of the Orioles. They had played a marathon doubleheader at home that resulted in their touching down in Minnesota early Friday morning and making a roster move to help replenish a depleted bullpen.
"It's one of those nights when you can separate yourself from the people who don't do this; when I played I looked at it as an opportunity to shine because it's a challenge, especially at this level," Orioles manager Buck Showalter said. "I'm really proud of them, and it all came off [Jimenez's] outing. You couldn't have drawn it up any better."
The win, Jimenez's first in six tries this season, marked a season high in innings and pitches thrown (118) and was the first time he allowed fewer than three runs this season.
Highlighted by a monster two-run homer from the red-hot Nelson Cruz, Jimenez paved the way for the O's third straight win, holding the Twins to just three hits -- Tommy Hunter allowed one more in a scoreless ninth -- in a game that was a long time coming given the organization's record commitment to the free-agent starter.
"I was able to do what I was supposed to do and be able to get deep into the game and help out the team," Jimenez said.
"I have a better read on my mechanics, and I was able to locate and command the fastball and use my breaking ball in any count. [Catcher Matt] Wieters was calling it; he called a great game. Every pitch he called I threw, and I was able to execute."
Jimenez recorded at least one strikeout an inning, fanning the side in the third, and he exited in favor of lefty Zach Britton after Eduardo Escobar's one-out double. Britton recorded the final two outs of the inning to keep the shutout intact, with Hunter picking up his eighth save in nine opportunities.
"It was huge," Cruz said of the win, which was Baltimore's fourth in its past five road contests. "Everybody contributed. The bullpen came in and shut it down. We got the hits when we needed to and played good defense. And it all started with Ubaldo, he threw the ball well."
Cruz, who has carried an Orioles lineup that is missing slugger Chris Davis, helped ensure Jimenez went home with a win, sending Twins starter Ricky Nolasco's 1-1 offering off the railing of the third deck for a mammoth two-run shot in the sixth inning. The homer -- which sailed an estimated 424 feet -- also scored Manny Machado, who had collected his first hit of the season.
"You are always trying to be respectful to the game and the other team, but I was kind of going to myself, 'I'm glad I got to be there for that,'" Showalter said of Cruz's homer. "You try to not make any facial expressions."
Cruz, who also doubled and scored in the fourth, has eight homers and 27 RBIs, leading the team in both categories as the offseason acquisition continues his torrid start to the season.
"That was a tough one," Nolasco said of watching Cruz's homer sail into the night. "It was obviously a difference in the game. It's a tough one to swallow with the slider I had going tonight to get beat in that situation. But that's what separates Nelson Cruz from other guys. He made a good adjustment and got down there and got that ball. That's what good hitters do."
The O's got on the board off Nolasco -- who took the loss despite a complete-game effort -- courtesy off Wieters' double off the wall. The Orioles catcher, who also doubled in the second, has had multihit games in six of his past seven.
The trio of runs was plenty for Jimenez, who twice pitched around leadoff singles and navigated past a two-out fielding error in the fifth. Following Sam Fuld's single in the third inning, Jimenez did not allow another hit until Escobar's in the eighth.
"It gave me a lot of confidence," Jimenez said of settling in. "It made me become a little more comfortable. I was able to get out of the jam [in the third inning] when two runners got on base. Just getting ahead and staying ahead. I made them swing the bat. I was able to be aggressive."


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[horse and carriage with sunflowers]
- 2008.001.769
- Unidad documental simple
- [189-]
print on grey mat board depicting horse and carriage. Large sunflower decorations and several riders. Embossed recto caption, bottom left: "Dinkler, Chapman St. Greenfield Mass." Verso inscription, pencil: "John Wilson #11" Image transfer on verso from another platinum print.


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Flange Towbar Types
The most commonly used type of tow bar in the U.K. is the Flange where the tow ball is bolted to the tow bar with two 24mm bolts. There are also some variations of the flange towbar type that have four bolts instead of two.This is the most versatile design of tow bar because it can be used with tow ball mounted accessories i.e. Cycle carriers, bumper protectors & all types of stabilisers, all mounted between the tow bar & ball. The flange type of towbar is non-removable.
Reasons to buy a flange towbar type:
1. Compatible with a large number of vehicles.
2. Allows for a choice of tow balls.
3. The height of the towbar can be altered using drop plates.
4. Economical, they are the cheapest type of towbar.
Reasons not to buy a flange towbar type:
1. Both the tow bar and electrics can be seen when looking at the vehicle.
2. Different types of towball can be expensive.
Swan Neck Towbar Types
In the E.U. the most common towbar type is the Swan Neck towbar. This is where the tow ball and the neck are all one piece of the tow bar. This type of tow bar is becoming more popular in the U.K. due to the appearance of the bar looking neater and with the bar being narrower it is less likely to trigger your parking sensors.
This type of bar is a little less versatile; you can either tow or attach a
cycle carrier you can't use both at the same time.
The Swan Neck tow bar can also be used with an Alko stabiliser without the need for modification.
Reasons to buy a swan neck towbar type:
1. Compatible with a large number of vehicles.
2. Compatible with Alko stabilisers
3. This type of towbar looks professional and discreet.
4. Competitively priced tow bar, slightly more expensive than the flange
type towbar.
Reasons not to buy a swan neck towbar type:
1. Tow ball height cannot be altered.
2. Alternate Towballs cannot be fitted.
3. Slightly more expensive than a flange type towbar.
4. Swan neck type towbars are visible unlike the detachable type towbars.
Detachable Towbar Types
Witter Towbar systems offer Quantum Vertical towbar types and Quantum Horizontal towbar types. They are termed as this due to the manor in which they are inserted into the housing of the towbar.
Reasons to buy a detachable towbar type:
1. Almost invisible, and in some cases this type of towbar is invisible
when not in use.
2. Already compatible with a large number of vehicles. As popularity
increases with this type of towbar more and more vehicles will have this
type of towbar developed for them.
3. Compatible with Alko stabilisers
4. Aesthetically better looking in appearance compared to other types of
5. Reduces risk of injury when around the rear of the vehicle, as the
detachable neck can be removed when not in use.
Reasons not to buy a detachable towbar type:
1. Tow ball height cannot be altered.
2. Alternate Towballs cannot be fitted.
3. Much more expensive than a flange and swan neck type towbars.
Electric Swivelling Tow Bar Types
The electric swivelling trailer towbar system is the newest type of towbar developed by Westfalia. One press of a button and the towbar will appear from under the vehicle. You are then ready to tow!
The electric swivelling towbar type leads the way in the tow bar industry.
Vertical Detachable Tow Bar Types
The automatic detachable towbar type is invisible. This type of towbar allows easy removal and fitting of the tow ball neck. The neck of the towbar is inserted vertically into the actual towbar fitted to the vehicle. To prevent theft or unwanted removal of the towbar neck a lock and key has been added.
Horizontal Detachable Tow Bar Types
The automatic detachable type towbar is invisible just like the one above. The only difference between the vertical detachable towbar type and the horizontal detachable towbar type is the direction in which the towbar neck is inserted into the towbar fitted to the vehicle.
Compact detachable Tow Bar Types
This type of towbar made by Westfalia is a smaller and cheaper version of the vertical / horizontal detachable towbar types. The neck of this type of towbar fits into the towbar fitted to the vehicle horizontally and like most Westfalia products this type of towbar is secured using a lock and ey.
Pin System Towbar Types
This type of towbar is another similar to the detachable type towbars. The pin system towbar's neck is inserted horizontally into the fitted part of the towbar unlike other types of towbar this system does not have a lock and key. Instead it is secured by a pin, which itself is made secure by a leg spring.
Nut System Towbar Types
Permanently Attached Towbar Types
This type of towbar is Westfalias version of the commonly known flange towbar type. Both (F10 Welded) and (F20 Bolted) are available, although thebolt type towbar is preferred to the welded. Fixed Flange otherwise knownas permanently attached is the cheapest model of towbar.
Towing Brackets For HGV Towbar Types
Westfalia Towing Brackets are suitable for vehicles up to 3.5 t. The good thing about this towbar type is that they are fully adjustable in terms of both width and height. This type of towbar allows fitting to vehicles that do not have a standard type towbar allocated to them. With many different combinations available to this type of towbar, this should be your first choice when searching for HGV towing equipment.
Towbars are type approved, This means that a towbar for a VW Golf 2006 will only fit a VW Golf 2006 , It will not a Ford Focus 2006 For more information regarding type approval please call 01443 485485.
We can fit tow bars for all makes and models of vehicles including motorcaravans and vans.
Please get in touch for a quotation for your vehicle.


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Of all the things that seem a little absurd on paper, a bicycle wine rack would, for me, be up there with beard beanies. But when they look good and get the job done, I might reconsider.
See, I don't necessarily like the idea of a wine bottle hanging precariously between my legs while I'm blazing a trail through the city. My situational awareness is problematic enough as it is. But this particular wine rack I could take on. Handmade leather straps with brass fittings ready for your 1" bike frame. Simple, chic, and effective. And at about $US22, pretty cheap.
Check it: You're late for a date with that girl you met at a bar the other night. She tells you she's into biking and enjoys a nice bottle of Amarone. Who knew? So you're racing through the park on your bike only to think, "I forgot the wine!" Don't panic! It's right there. Date saved. [Etsy via CrunchGear]


text:
The transit system provides bus transit services in the Lewis Clark Valley. Moving across state borders, the Lewiston Transit System of Lewiston, Idaho and Asotin County Public Transportation Benefit Area of Clarkston, Washington, is helping to connect people with their communities.
We are helping ease traffic congestion and reduce air pollution making the Valley a better place to live.
If you like the idea of saving money and sharing a ride on your daily commute maybe it's time to try the Vanpool ? Learn More


text:
Barren Lab for LG Optimus G
- Review
- Download
- Screenshots
- Discussions
How to download free Barren Lab for LG Optimus G
Compatibility checkingIndicate
- Android version
- Android 9.0
- Android 9
- Android 5.0
- Android 4.4
- Android 4.3
- Android 4.2
- Android 4.1
- Android 4.0
- Android 3.2
- Android 3.1
- Android 3.0
- Android 2.3
- Android 2.2
To find Android version: go to "Settings" - "About the phone" - "Android version"
Installation options
With PC
Follow the link to Google Play and click "install"
LG Optimus G
Enter link in your mobile browser or scan the QR-code
Guides: «How to create a Google Play account», «How to purchase apps in Google Play»
Questions and support
Read the review Barren Lab
«Help Joe escape Barren Lab»
Author: Brandon Girod 12 Apr 2017
Crisp sound effects
Janky controls, poor pacing, boring puzzle design
Meet Joe. Joe has lost something something in the dark and mysterious Barren Lab that he hopes to find again. In Barren Lab for Android, you'll guide Joe through the lab, discovering its deepest secrets as you explore the world and solve puzzles.Abou...


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There is a new happiness iPhone app to map happiness, called Mappiness: part of a research project at the London School of Economics, it works on UK time (sending at random times requests about our happiness level) but is available Worldwide.
Mappiness is a free iPhone app, available in the iTunes store. More information can be found online: http://www.mappiness.org.uk/


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=== Established words ===
=== Established words ===
[[File:Ferengi written message.jpg|thumb|A hand-written message by [[Rom]]]]
[[File:Ferengi written message.jpg|thumb|A hand-written message by [[Rom]]]]
:'''Yop''' : "I"
:'''Yop''' : "I"
:'''Yop-im too''' : "I'm sorry"
:'''Yop-im too''' : "I'm sorry"
Revision as of 17:49, 19 August 2012
The Ferengi language is the spoken and written language of the Ferengi, from Ferenginar.
Written language
Ferengi writing looks much like a flowchart, with many 60 degree angles. Text radiates from the center outward, which would indicate the direction of writing as well. Ferengi text can be written with or without a central hexagon, radiating from one side of a hexagon only and in single horizontal lines on signs and short notes. (TNG: "Ménage à Troi"; DS9: "Body Parts").
Keiko O'Brien's classroom featured a chart depicting the English, the Bajoran, the Cardassian, and the Ferengi alphabet. The chart listed some sixty plus Ferengi language symbols (DS9: "The Nagus", "In the Hands of the Prophets", "Cardassians")
Ferengi Lexis
- There is no word for crisp, since all food gets mushy on Ferenginar. (DS9: "Let He Who Is Without Sin...")
- DaiMon - rank given to one in charge of a starship; roughly analogous to Federation Captain. (TNG: "The Last Outpost")
- Nagus - title of authority; esp. Grand Nagus, leader of the Ferengi Alliance. This is, presumably, an English translation, as certain Earth leaders (i.e. those of Ethiopia) have also borne the title of Nagus. (DS9: "The Nagus")
- Lobeling: Child (DS9: "Profit and Lace")
- Moogie : Mom or mother (DS9: "Family Business")
- oo-mox - massage of the ears, a sexual practice. There is no non-Ferengi translation for the word. (TNG: "Ménage à Troi")
Established words
- Yop : "I"
- Yop-im too : "I'm sorry"
- Gren : "You"
- Neep-gren : "Thank you"
- Yoba : Brother
There are 178 different Ferengi words for rain.
glebbening - an especially severe rainstorm
Established Dialogue
- The following comes from the script for TNG: "Ménage à Troi":
Keh-ee Yoor-ee Dah-teh-ee...
The first part of Tog's computer security access code. Presumably the syllables are either the names of Ferengi letters, or words, i.e numbers.
- This sequence is an in-joke making reference to the Anime series "Dirty Pair". Kei and Yuri are characters that appear in the series, and in Japanese the names Kei and Yuri and Dirty Pair would be pronounced ke-i yu-ri dah-te-i pe-ah. The names of Kei and Yuri also appear written in Japanese in the Iconian written language.
- The following examples are from the script for DS9: "Little Green Men"
|Pip im gren tovat. Yop bree gren skin law po far.
Yop im too, yoba. Yop sko ta yop ma.
|Listen file info
Goss uff wok ton. Goss uff wok ton.
- Let us out of here. Let us out of here
Brik yop tal hopdrew, ki los hoem bog?
- If I jumped off a roof, would you do that, too?
Gren fatarik oo-mox?
- Unknown, may mean something like "What do you say I teach you how to oo-mox?"
Ya ta fa?
- Unknown, may mean "Is that a yes?"
Gren fa hoe loth pex-pil?
- Haven't you got that translator fixed yet?
Vo yop toe pah?
- Can I have that?
Yop triska gleep do-sta gren-la.
- I need that metal thing you're holding
- Thank you
- The following examples are from the script for ENT: "Acquisition". It is possible these lines are in a different dialect/language than that used by the Ferengi on Star Trek: Deep Space Nine.
- Anything?
Irr zoun nagool ahsp
- They're not responding to hails
Cucht eeta ekrajhn-voy?
- What do [your/the] scans say?
Irr gnales, nohm setron. Quetsivoo!
- They're alive, but unconscious. It worked!
- Excellent
- Take us in
Tenda sout bazul, ningor!
- It's not on this deck. Let's go!
Konah see-oh-mahj irr zoon
- The fools never knew what they were hit by
Oooh, gar-dey latinum sou-tah
- Oooh, this is worth its weight in latinum


text:
Using different co-op membership cards in different Co-op food stores
Co-op Membership has changed
Since the publication of this article Co-op membership has changed – we are giving even more back to your community. Every time you buy selected Co-op branded products and services money goes to you and your community too. Find out more about Co-op Membership or download the app now.
640 words, approx 3 mins to read.
A co-operative is owned by its members and other co-operatives, not investors like a traditional business. Members can have a say in how a co-operative runs and members receive a share of the profits (a dividend, or divi) when the co-operative turns a profit, as well as other rewards and offers.
When shopping in co-operative food stores, you can use different co-operative membership cards. But, you'll receive different rewards in different co-operative food stores. You can be a member of more than one co-op at once.
There are two types of co-operative food store:
- Co-op Group stores
- Independent co-operative stores
Find out if your local co-operative is part of the Co-op Group. If the store belongs to an independent co-operative, it will be listed on the store page.
There are two types of co-operative membership card:
- Blue card
- Honeycomb card
If you have a blue card, you're a member of our Co-op, the Co-op Group.
If you have a honeycomb card, you could be a member of our Co-op or an independent co-operative. If your card says The Co-operative Group on it, you're part of our Co-op. You can update it to a blue card by requesting a replacement card on your online Co-op Membership account.
If your honeycomb card says something else, you're a member of one of these independent co-operatives:
- Southern Co-operative
- Central England Co-operative
- Midcounties Co-operative
- Chelmsford Star Co-operative
Can I use my independent co-operative membership card in Co-op Group stores?
Yes. If you're a member of one of the independent co-operatives listed above you can use your membership card in Co-op Group stores.
What about the 5% and 1% reward?
To earn 5% back for you and 1% back for your community when you buy Co-op products in Co-op Group stores, you'll need to join our Co-op.
What about having a say in how a co-operative runs?
To earn democratic points (enabling you to vote and have a say in how a co-operative runs) you need to use the respective membership card in the respective food store. E.g. Your blue Co-op Group card in a Co-op Group store.
Can I use my blue membership card in independent co-operative food stores?
Yes. As a Co-op Group member, you can use your blue card in the independent co-operatives listed above.
You earn dividend (divi) points when shopping at the independent co-operative food stores listed above. You receive a divi if the independent co-operative society pays a divi that year.
What about the 5% and 1% reward?
You won't earn 5% back for you and 1% back for your community when you buy Co-op products in independent co-operative stores. You only earn the 5% and 1% when using your card in Co-op Group stores.
What about having a say in how a co-operative runs?
To earn democratic points (enabling you to vote and have a say in how a co-operative runs) you need to use the respective membership card in the respective food store.
I belong to another independent co-operative, not listed above
Some other independent co-operatives use The Co-operative branding on stores, but have their own membership scheme.
You cannot use a Co-op Group blue card in their stores or use their card in our stores. Some of these independent co-operative societies are:
- Heart of England Co-operative
- Radstock Co-operative
- Tamworth Co-operative
- Lincolnshire Co-op
- East of England Co-op
- Scotmid Co-operative
- Lakes and Dales Co-operative
- The Channel Islands Co-operative Society
What about student discount?
You can only get student discount with a valid NUS extra card at Co-op Group, Midcounties and Southern Co-operative food stores.
Adam Taylor
Co-operative Young Members' Board
Join the conversation! 50 Comments
Hi, I have been sent a load of blue coop vouchers but all my local coops are central England green coops.
Where is the nearest place to Burton on Trent I can spend the blue vouchers? Thanks
does a replacement card have a different number to the original coop card I have. Not sure whether my card is linked to mine or my daughters account how do I find out
What has happened to the discount for over 60's on Tuesdays. I have recently been denied this on my blue card and told I need a Mid-Counties card.?
All news to me.
I have a blue Co-op card A few years ago we took out a pre-paid funeral plan & have about £100 in cash divi from that left on it When I tried to use it against my grocery shopping last week at a local store they said they I could not do that But I know I've used some of it before instead of cash – help, have I lost my money?
Since you're called the *co-operative* why can't you all ….what's the word? Oh yes, co-operate!
Then there wouldn't be this confusion about who takes what card where.
i have a honeycomb card from central england co-op i also have a co-op group honeycomb card which i use to recieve divi vouchers from (group) i have been using this card as nobody informed me not to, recently i bought £3000 worth of flights and used my group card, i have now been told that group do not issue divi anymore so whats happened to the points i accumilated on my group card
Can I use my blue Co-op membership card at Costcutter stores to earn the 5% reward for me, and 1% for the community, since Co-op is the exclusive supplier to Costcutter?
Co-op isn't an exclusive supplier to Costcutter and unfortunately you are not currently able to use co-op membership cards in the stores of this fascia as they are independently owned and run.
Other stores such as boots allow the 'linking' of store cards with NUS for Student discount and use of store rewards. An example is boots. It would be great if you could do the same for customer experience?
I joined the East Lothian Co op in February 1981 and my number was 391.
I now live in England. Can I use these details
now that coop have taken over Nisa is there plans to allow the use of the coop blue membership card in those too?
See above answer about Costcutter. Co-op group haven't taken over Nisa stores they are just a wholesaler to them.
I have points on my blue card from coop highbridge which has recently closed,where can I spend them
Hello my membership card was stolen whilst on holiday in May and I have just applied for a replacement. However the vouchers I have received have the old number written on them – will they still be valid with my new card? The name is the same. Thank you
Confused – I have a Midcounties Co Op card which I use in my local store but when I check my account it does not show any transactions?
Would it be better to just get a Blue co op card?
I have accrued £196 45 on membership rewards without realising that. How can I claim these rewards
I have (according to an email from the co op) 130 pounds in my acount. This from cash purchase of funerals.
I also have 50 pounds in vouchers from my co op car insurance.
My problem is where can i use the benefits?
I live in Coleshill North warwickshire on Birmingham border.
Any help would be appreciated.
Also just tried to buy a microwave from co op online but had to use a debit card jnsread of above benefit.
Noel Fennell
If you tell the cashier when you attend the til that you have forgotten your card, she/he can issue a receipt that has a barcode which has to be kept to either add the points back online or take it next time you go to the co-op with the members card and they'll scan it with your card and pop the points back on.
Do you have to ask for your vouchers or are they sent autamatically at the end of the month?
Is there any benefit to having either card (blue of honeycomb) if you have Co-operative Energy? or is that totally unrelated?
Thanks Adam, for a very clear explanation of an issue that confuses many co-op shoppers.
You could have added that the Co-op Group is the only one, of those listed, that isn't member controlled!!
Adam that is a great explanation. What a good idea to get it all in a blog.
The bit about using a Coop group card in an independent coop, but not getting divi unless you use your independent coop card there, is a minefield, I had to read it several times to understand……thank goodness it hardly affects me up here in Scotland.
However – we do have the Young Scot card !!!!
And holders get discount in Coop Group AND Scotmid stores ! Do they get discount in Coop Group stores in other parts of the UK though, or only Scotland ? And what about in Scotmid stores in England ?(Lakes and Dales)
…and then I could ask you all the same questions again for the funeral businesses and Coop electrical, etc ….
sounds like a full time job for someone sorting this all out 🙂
Hi Barbara.
Just wanted to clarify that you can use your Co-op Group card in an independent Co-op and will earn the same dividend that a member of that independent would earn.
E.g. Co-op Group card in a Southern Co-op would earn a dividend at Southern Co-op's pay-out rate.
This information is passed to Co-op Group, who then send the dividend reward to you as vouchers or via a nominated bank account if you have set this up with Co-op Group.
This mechanism is the same if you are a member of another independent society shopping in a different independent society store.
E.g. Midcounties Co-op card in a Southern Co-op would earn a dividend at Southern Co-op's pay-out rate.
Just wanted to add when I talk of independents I mean those that are part of the Co-operative Food branding (Midcounties, Central England, Southern Co-op and Chelmsford Star)
and not the other local named independents E.g. ScotMid, Channel Islands, Radford etc.
However, the above independents wouldn't even accept your membership card so that shouldn't lead to any issues.