Summary suit or summary procedure is provided under Order XXXVII of Code of Civil Procedure, 1908 (herein after referred as CPC, 1908) whose object is to summaries the procedure of suit in case the defendant is not having any defense.
This order is applicable to –
A suit can be instituted under this order in High Court, City Civil Court, Court of Small Causes or any other Court notified by the High Court.
Once the suit is instituted, summon of the suit as per Rule 2(2) of CPC along with a copy of the Plaint and annexure will be sent to the Defendant.
The Defendant will not be defending the suit against him unless, he enters an appearance. In case of default in appearance, the allegations of the plaintiff in the Plaint will be deemed to be admitted and a decree in accordance to that will be issued by the Court.
After summon is issued to the defendant, he has ten days to make an appearance. This appearance can either be in person or by a pleader. At anytime within the prescribed period of ten days, the defendant by way of an affidavit or otherwise, can disclose such facts sufficient enough to entitle him the right to defend.
The Defendant right to defend and the conditions are:
In the case of summary proceeding, a decree will be passed in the following situations:
The Court has the power to set aside the decree that has been passed under the provisions of Order XXXVII. This power has been enshrined on the Court by Rule 4 of Order XXXVII.
The scope and object of examination of the accused under section 313, Cr.P.C. is:
The purpose of empowering the court to examine the Accused U/s. 313 of Cr.P.C is to meet the requirement of the principle of natural justice Audi Alteram partem (that no one should be condemned unheard). This means that the Accused may be asked to furnish some explanation as regards the incriminating circumstances associated against him and the court must take note of such explanation. In a case of circumstantial evidence, the same is necessary to decide whether or not the chain of circumstances is complete. (Raj Kumar Singh @ Raju @ Batya v. State of Rajasthan; AIR 2013 SC 3150)
In Dharnidhar v. State of U.P. & Others; 2010 AIR SCW 5658, the court held that, the proper methodology to be adopted by the court for recording the statement of the Accused under section 313, Cr.P.C., is to invite attention of the Accused to the incriminating circumstances and evidence and invite his explanation. In other words, it provides an opportunity to the Accused to tell to the court as to what is the truth and what is his defense.
In the case of Dehal Singh v. State of Himachal Pradesh; AIR 2010 SC 3594, the court held that, “the statement of the accused under section 313, Cr.P.C. is recorded without administering oath. Therefore, it cannot be treated as evidence within the meaning of section 3 of the Evidence Act, 1872.”
Under section 313, Cr.P.C. (1)(b), it is mandatory for the trial Judge to put to the Accused every such piece of evidence which appears incriminating against him and reply of the Accused shall be sought thereto. (State of Nagaland v. Lipok Ao; 2007 Cr.L.J. 3395 (DB) (Ajai Singh v. State of Maharashtra; AIR 2007 SC 2188).
The Accused may or may not avail the opportunity for giving his explanation. (Subhash Chandra v. State of Rajasthan; (2002) 1 SCC 701).
Attention of the accused must specifically be drawn to inculpatory pieces of evidence to give him an opportunity to offer an explanation if he chooses to do so. The Court is under legal obligation to put all incriminating circumstances before the Accused to solicit his response. This provision is mandatory in nature and casts an imperative duty on the court and confers a corresponding right on the Accused. Circumstances not put to the Accused in his examination under section 313, cannot be used against him. (State of U.P. v. Mohd. Iqram & Anr; AIR 2011 SC 2296)
If examination of the Accused under section 313 has taken place, the court can call the Accused to answer incriminating circumstances again. There is no implied prohibition on calling upon the Accused to again answer questions. However, power to call the Accused to answer questions more than once, after conclusion of the prosecution evidence should not be used in a routine or mechanical manner. (Rajan Dwivedi v. CBI; 2008 Cri.L.J. 1440 (1447) DEL)
(1) In every inquiry or trial, for the purpose of enabling the Accused personally to explain any circumstances appearing in the evidence against him, the Court
(2) No oath shall be administered to the accused when he is examined under sub- section (1).
(3) The Accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.
(4) The answers given by the Accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed.
(5) The court may take help of Prosecutor and defense Counsel in preparing relevant questions which are to be put to the accused and the court may permit filing of written statement by the accused as sufficient compliance of this section.
Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial.
The object of Section 164, Criminal Procedure Code, is to provide a method of securing a reliable record of statements or confessions made during the course of the Police investigation, which could be used, if necessary, during the enquiry or trial. Under Section 25 of the Indian Evidence Act, a confession to a Police Officer is inadmissible in evidence, and hence when an accused person confesses during the Police investigation, the Police frequently get it recorded by a Magistrate under Section 164, Criminal Procedure Code, and it can then be used to the extent to which it may be admissible under the Indian Evidence Act.
Statement: Any verbal communication that might implicate a suspect’s involvement in a crime. (Saying, “I always hated that guy!” or “I wasn’t even there that night!” when it is not public knowledge that the crime took place at night.)
Confession: A full admission of all material facts that are necessary to prove each element of the offence and any partial admission of one or more of the material facts that assists in proving the accused’s guilt.
A confession may occur in many forms.
It may even consist of conversation to oneself, which may be produced in evidence if overheard by another. For example, in Sahoo v. State of U.P. the accused who was charged with the murder of his daughter-in-law with whom he was always quarreling was seen on the day of the murder going out of the house, saying words to the effect “I have finished her and with her the daily quarrels.” The statement was held to be a confession relevant in evidence, for it is not necessary for the relevancy of a confession that it should be communicated to some other person.
| Section 164 | Section 313 | Section 212 |
| It deals with the recording of statements and confessions at any stage before the commencement of an enquiry or trial | It deals with the examination of accused persons during the course of the enquiry or trial and also enables the accused to appear as a defence witness during the trial and to give evidence on oath in disproof of the charges made against him or a co-accused. | It prescribes the manner in which the examination of an accused person is to be recorded. |
Ever since the enactment of Arbitration and Conciliation Act 1996 (“Act”), Indian Legislature has been showing it’s intent to keep pace with the growing popularity of Arbitration as preferred mode of dispute resolution in commercial matters. The amendment of 2019, received the assent of the President of India on 9th August, 2019.
The 2019 amendment acts clearly aims at removing the difficulties which were being faced during the conduct of Arbitration proceedings and the court proceedings arising therefrom. With separate time frame for completion of pleading, arbitral tribunal will have full period of one year for conducting the trail and passing the award.
The SARFAESI Act, 2002 enables the banks and other financial institutions to recover the loan amounts from the borrower who has failed to repay the debts. The procedures laid down in the SARFAESI Act,2002, as well as the Security Enforcement (Rules), 2002, are mandatory, and no divulgence from the same is permitted, as held in the ITC Limited v. Blue Coast Hotels Ltd. & Ors [CIVIL APPEAL Nos. 2928-2930 OF 2018] by the Hon’ble Supreme Court of India. The banks and other financial institutions can conduct a SARFAESI auction to sell the residential and commercial properties of the debtor to realise the loan amount. The procedures to be followed under the Act, 2002 are stated herein below.
We already know that by utilising the SARFAESI Act, the banks and other financial institutions recover their non-performing assets (NPAs) by selling them in public auction. But, to understand the SARFAESI auction meaning properlyyou must also know the procedures that secured creditors adopt to take physical possession of the secured assets and sell them in auction. For example, If the borrower defaults in repayment, under S. 13(2) a demand notice is to be sent by Secured Creditor to the borrower to discharge his liabilities. Such notice persists for 60 days. The demand notice shall contain details and amounts of the amount payable by the borrower. This demand notice can also be objected to by the borrower, which should be replied by the secured creditor within 15 days, and the reply should enumerate the reasons for non-acceptance of such objection. This position was clarified by the Hon’ble Supreme Court of India in the case of Mardia Chemicals Ltd. v. Union of India and later amended into the SARFAESI Act, as S. 13 (3A).
When the 60 day period concludes, without any discharge by the Borrower, actions can be taken by the Secured Creditor as enumerated under S. 13 (4)- wherein they can take possession of the secured assets, take over the management of the asset, appoint any person to manage the secured asset, require any person who has acquired any of the assets from the borrower to pay the secured creditor.
If you have received a notice for SBI auction SARFAESI? Well! Section 17 to 18 of the Sarfaesi Act states that the actions under S. 13 (4) are appealable. Therefore, as the borrower you can appeal the actions of the secured creditor in Debt Recovery Tribunal, DRAT, writ in High Court and SLP in Supreme Court.
The SARFAESI auction rules require the banks or the financial institutions to issue a Sale Notice is required in the case of auctioning off of the secured asset if inviting tenders from the public, or by way of public auction. This sale notice shall be published in 2 leading newspapers, on the website of the secured creditor, and as per the Directions of the Ministry of Finance directions, upload the tender notice on tender.gov.in.
The notice for possession or sale of property under SARFAESI Act should be effectively served, in English and regional language newspapers with a circulation in the area as provided for in the SECURITY INTEREST (ENFORCEMENT) RULES,2002.
More particularly, the procedure for an auction of immovable assets is given in Rule 8, Security Interest (Enforcement) Rules, 2002. The methods of sale of the immovable secured assets include:
Section 14 of the Act, 2002 provides a provision for the assistance of the Chief Metropolitan Magistrate and District Magistrate in taking possession of the property. According to the Hon’ble High Court of Madras [Kathikkal Tea Plantations v. State Bank of India MANU/TN/1926/2009] has held that this provision should be given a purposive interpretation in consonance with the Statement of Objects and Reasons of the SARFAESI Act,2002. It was held that the purpose of this provision is to aid the secured creditor of obtaining possession of the asset as soon as possible, and convert a Non-Performing Asset into a source of recovery for the amount due, and transfer the secured asset to a willing third party.
However, it is pertinent to mention that all the rights and interests of symbolic and/or physical possession guaranteed to the secured creditor under the Act,2002 extinguish after the sale to the third party is complete. From the date of the registration of the sale deed, the secured creditor does not have any remedy or course of action under S. 13 or S. 14 of the SARFAESI Act, 2002.
In instances where the secured creditor is unable to claim possession over the secured asset after the expiry of the period of the demand notice under S. 13(2) of the Act,2002 specifically due to tenancy rights that might exist over the said asset, the rent or any other amount which might become due on the said secured asset from the lessee to the borrower (if any) becomes due to the secured creditor. This position was enumerated in S. 13 (4) of the Act,2002, and was solidified by the Hon’ble Supreme Court in the case of Harshad Govardham Sondgar vs International Asset Reconstruction.
In case of the HDFC auction SARFAESI, the payment for the property purchased on auction must be strictly done according to the provisions of law. The first step is determining the Reserve Price which is the minimum fair market value of the immovable asset as stipulated by the authorized officer, followed by the relevant notice according to the obligations enumerated in Rule 8 (6). The bidding process for public auction shall be done in accordance with Rule 9, Security Interest Rules, 2002 wherein the bidder shall deposit:
Legal issues are always challenging, more so when it involves complex statutes like the SARFAESI Act. Consulting a legal professional will ensure best relief since it is not easy to navigate without counsel. So, take prompt action without any delay and get in touch with an expert legal professional.
Therefore, within the four walls of the Act, 2002, the secured creditor is well protected if the correct procedure is followed. The SARFAESI Act, 2002 is one such legislation that genuinely removes unnecessary and frivolous litigation from the courts, and provides safeguard against the initiation of such litigation at the option of both, the defaulting borrower as well as the secured creditor.
Section 14 states that it enable the secured creditors to take the assistants of the chief Metropolitan Magistrate or District Magistrate in taking possession of secured assets.
It also states that where the possession of any secured assets is required to be taken by the secured creditor or if any of the secured assets is required to be sold or transferred by the secured creditor, the secured creditor may, for the purpose of taking possession or control of any such secured assets, request, in writing, the Chief Metropolitan Magistrate or the District Magistrate within whose jurisdiction any such secured asset or other documents relating thereto may be situated or found, to take possession thereof, and the Chief Metropolitan Magistrate or as the case may be, the District Magistrate shall, on such request being made to him possession of the such Assets and documents relating thereto and forward such assets and documents to the secured creditor
This section states that the Chief Metropolitan Magistrate or the District Magistrate may take or cause to the taken such a steps and use, or caused to be used, such force, as may, in his opinion, be necessary for the purpose of securing assets of secured creditors. No act of the Chief Metropolitan Magistrate or the District Magistrate done in pursuance of this section shall be called in question in any court or before any authority.
Amendment to SARFAESI Act introduced in the year 2013 brought out certain changes in the Act. Wherein, under section 14 compulsory filing of an Affidavit by the secured creditor through their authorized officer with the District Magistrate Chief Metropolitan Magistrate, so the case may to take possession of the secured asset in introduced.
If any writ petition is pending in high court and if any possession notice has been served during the pendency of the writ petition, then the act of issuing a possession notice by the Authorized Officer is an illegal act and such possession notice cannot be maintained under the law.
Section 14 (1) of SARFAESI Act states “Provided further that on receipt of the affidavit from the Authorized Officer, the District Magistrate or the Chief Metropolitan Magistrate, as the case may be, shall after satisfying the contents of the affidavit pass suitable orders for the purpose of taking possession of he secured asset.” The usage of the word “SHALL” in the provisions of the Act makes it mandatory to follow the provisions of the Act strictly without any dilution. Hence, the District Magistrate / chief Metropolitan Magistrate as the case may be, can reject the affidavit filed by the Authorized Officer if he is not satisfied with the contents of the affidavit by giving reasons for his rejection and instruct the Authorized Officer to resubmit the affidavit by duly making necessary and required corrections in the affidavit as per the observation of the District Magistrate / Metropolitan Magistrate.
Since the compliance of section 13 (2), 13 (4) and Rule 8 are mandatory for the secured creditor to implement them, any order of the District Magistrate / Chief Metropolitan Magistrate without reference to the compliance of the aforesaid sections of SARFAESI Act, it must be presumed that no materials are placed before the District Magistrate / Chief Judicial Magistrate by the secured creditor in respect of the compliance. Further, the affidavit filed by the authorized officer should not only include the statements supported by various evidences in favor of having complied with the provisions of section 14 which includes section 13 (2), section 13 (4) and Rule 8 of the Act but also substantiated by the relevant RBI circulars and legal citations. The compliance, If not proved without any reasonable doubt, then the proceedings are unsustainable in the eye of law, as it would amount to arbitrary exercise of the powers conferred under section
There is no dispute that any person, including a borrower, aggrieved by any of the measures referred to in sub-section (4) of section 13 of the SARFAESI Act has a right to prefer an appeal under section 17 before the Debt Recovery Tribunal.
It is a settled proposition of law that alternative remedy is no bar from filing a writ petition in cases where there has been denial of natural justice or if an action is without jurisdiction or there is a challenge to the vires of any statute.”
It is imperative that as per the Act on receipt of the affidavit from the Authorized Officer, the District Magistrate or the Chief Metropolitan Magistrate shall have to be satisfied with regard to the contents of the affidavit and thereafter shall pass orders and however, if same is totally absent in the order under challenge “there is no reason whatsoever in support of the order. It is cryptic.” If the order does not spell out the reasons for making such an order, it amounts to the violation of the principles of natural justice.
The insolvency and bankruptcy code, 2016 (IBC) is the bankruptcy law of India which seeks to consolidate the existing framework by creating a single law for insolvency and bankruptcy. The insolvency and bankruptcy code, 2015 was introduced in Lok Sabha in December 2015. It was passed by Lok Sabha on 5th May, 2016 and by Rajya Sabha on 11th May, 2016. The code received the assent of the President of India on 28th May, 2016.
The bankruptcy code is a one stop solution for resolving insolvencies which previously was a long process that did not offer an economically viable arrangement. The code aims to protect the interests of small investors and make the process of doing business less cumbersome. Applicability and a brief description about the insolvency resolution process for corporate entities.
The IBC applies to the following:
An insolvency resolution process under the IBC can be initiated by any creditor in the event there is a minimum default of INR 1,00,00,000 (Rupees One Crores only) of such creditor’s debt by the debtor. Such an application can be filed by an operational creditor or a financial creditor before the National Company Law Tribunal (“NCLT”) of the relevant jurisdiction. The NCLT will consider the following elements before admitting such an application:
An appeal from any order or judgment of the NCLT, within the time specified therein, will lie with the National Company Law Appellate Tribunal (“NCLAT”). Further, appeals from the NCLAT will lie with the Supreme Court.
A creditor, for the purposes of the IBC may be an operational creditor or a financial creditor. A debtor is any entity or an individual who owes any liability or obligation in respect of a claim which is due from any person and includes a financial debt and operational debt. If the debtor is either a company or an LLP, then such a debtor is referred to as a corporate debtor.
Default is defined as non-payment of debt when whole or any part or installment of the amount of debt has become due and payable but has not been repaid by the debtor.
The IBC provides for 2 (two) main categories of creditors i.e.
Financial creditor; and Operation creditors.
Financial creditors may either be secured creditors or unsecured creditors. The main difference between secured and unsecured financial creditors is that in the event of liquidation and asset distribution proceedings, secured creditors are given a higher priority than unsecured creditors. Further, during the liquidation process, secured financial creditors are given the same priority of repayment as workmen and employee dues and are given a higher priority that other operational creditors, who are treated as unsecured creditors for the purposes of liquidation.
When compared to operational creditors, the procedure for financial creditors to initiate insolvency proceedings is a lot easier. The IBC allows financial creditors to make an application to the NCLT directly and such financial creditors will only need to show that there is a default. It is also important to note that only financial creditors constitute the committee of creditors, and no operational creditor can be part of this committee.
Operational debt has been defined in the IBC as a claim in respect of the provision of goods or services, including employment or debt in respect of the repayment of dues arising under any law for time being in force and payable to the Central Government, any State Government or any local authority.
The Supreme court, in the case of Mobilix Innovations Pvt. Ltd v. Kirusa Software Private Limited held that while determining if a dispute exists with the debtor with regards to the payment of any debt, the NCLT will be required to see only if there is a dispute and that the NCLT may not go into the merits of such dispute.
During this process, the financial creditors investigate the corporate debtor to determine whether it is viable to continue its business. The creditors also come up with a plan to restructure the corporate debtor. The various steps involved in a CIRP are:
The IBC has taken its first steps to regularize the insolvency process in India. However legislation has been ridden with controversies and speedy resolutions. It has also become a very important tool for banks to regularize multitudes of non-performing assets.
The Protection of Women from Domestic Violence Act, 2005 (Domestic Violence Act) is enacted to protect the rights of women. The Domestic Violence Act not only covers those women who are or have been in a relationship with the abuser but it also covers those women who have lived together in a shared household and are related by consanguinity, marriage or through a relationship in the nature of marriage or adoption. Even those women who are sisters, widows, mothers, single women, or living in any other relationship with the abuser are entitled to legal protection under the Domestic Violence Act.
Section 2(a) of the Domestic Violence Act defines “aggrieved person” as any woman who is, or has been, in a domestic relationship with the Abuser and who alleges to have been subjected to any act of domestic violence by the Abuser.
This act has a wider meaning to “aggrieved person” which includes women in live in relationships. Supreme Court of India in the case of D. Veluswamy v. D. Patchaiammal has enumerated ingredients of live in relationships as follows:
The term shared household is defined under the Domestic Violence Act as a household where the person aggrieved lives or at any stage has lived in a domestic relationship with the abuser and includes such a household whether owned or tenanted either jointly by the aggrieved person and the abuser, or owned or tenanted by either of them in respect of which either the aggrieved person or the abuser or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the abuser is a member, irrespective of whether the abuser or the aggrieved person has any right, title or interest in the shared household.
Any person who has reason to believe that domestic violence has been or is likely to be inflicted upon her can inform about the same to a protection officer appointed under Section 8(1) of the Act. It would be better if such a protection officer is a woman herself.
Such women would be informed of her rights by the protection officer, a police officer, service providers (any voluntary association registered under law working with the objective of protecting the rights and interests of women), or a magistrate who has received the complaint or was present when the offence occurred. These rights are:
It must also be mentioned here that if the appointed protection officer does not perform her/his duties she/he can be liable to imprisonment upto 1 year and fine upto Rs. 20,000.
Upon receipt of domestic violence complaints, the protection officer must make a domestic incident report to the Magistrate. This report should also claim relief for a protection order if the aggrieved person desires. Such magistrate ( to whom the report is made) would be Magistrate of 1st class or the Metropolitan Magistrate who is exercising jurisdiction in the area where:
The copies of the report should also be forwarded to the Police Officer in charge of the Police station within local limits of which the domestic violence allegedly took place. Apart from this, it is the duty of the protection officers to ensure that the aggrieved person gets all benefits as mentioned as her rights and maintains a list of the service providers, shelter homes and medical facilities in an area.
Once an application is filed to the magistrate on by the aggrieved person, someone on the behalf of the aggrieved person or a protection officer, the magistrate will fix the date of the first hearing. Such a date is usually not beyond three days from the date of receipt of an application by the magistrate. Also, the magistrate will endeavor to dispose of the application made within 60 days from the first hearing.
Once the date of the first hearing has been set by the magistrate, a notice shall be given to the protection officer who shall inform the informant and any other person, prescribed by the magistrate. This shall be done by the protection officer within 2 days from the date of receipt unless an extension is given by the magistrate.
Under Section 14 of the Act, the magistrate may ask the Abuser or the aggrieved party (singly or jointly) to undergo counselling with a member of the service provider. Such a person must have experience in counselling.
Under Section 15 of the Act, the magistrate can take the help of a person, preferably a woman, for discharging his functions. Such a person should preferably be working in the promotion of family welfare.
If after hearing both the parties, the magistrate is satisfied that domestic violence took place, the magistrate can pass a protection order in favour of the aggrieved party. Such protection order restricts the respondent from:
The magistrate may also direct the respondent to pay monetary relief to the aggrieved person for expenses incurred and losses suffered by her. Such relief may include (but is not limited to):
The magistrate may also grant the custody of a child or children to the aggrieved person or person making an application on her behalf. He may also specify the visitation arrangements as well. In case he feels that visitation by the respondent would be harmful to the child, the magistrate may even refuse to allow such a visit.
The magistrate may also pass an order directing the respondent to pay compensation to the aggrieved person for the injuries, mental torture and emotional distress caused to her because of the domestic violence.
In case the magistrate feels it is necessary and is satisfied that the respondent has caused domestic violence and may continue to do so in the future, he may also pass interim and ex-parte orders.
In case there is a breach of the protection order given by the magistrate, the contemnor shall be liable with punishment upto a term extending to one year, or fine (at maximum 20,000 Rupees)
In the case of Krishna Bhatacharjee vs Sarathi Choudhury And Anr., the court laid down some guidelines that all courts must follow while dealing with a case under this Act. These are:
The law is not free of criticism. People have criticised it on some of the following grounds:
Some people have criticised the law on the basis of it being only civil, instead of both civil and criminal as it was meant to be. The criminal part of the law only gets triggered when the act of domestic violence is accompanied by some other offence, like not following the protection order given by the court.
As per the Act, the authority responsible for effective implementation of the Act is a Protection Officer, who is identified by the State Government. Such an officer is assigned the major role of assisting the court, initiating action on behalf of the aggrieved and looking after the services required by the victim like medical help, counselling, legal aid, etc. However, the people appointed under the Act are people who are in practice not working full time. Most of the time, in fact, this duty is given as an additional charge to those who are already in Government services. These people are mostly not qualified to fit into this role.
Many people have said that this law assumes men to be the sole perpetrators of domestic violence. Thus, by allowing only women to file a complaint about domestic violence, this law violates Article 14 and 15 of the Indian Constitution and discriminates against men.
The Protection of Women from Domestic Violence Act, 2005 which was implemented in October 2006 is very promising legislation that combines civil remedies and criminal procedures to provide effective remedies to the women who become victims of domestic violence. The act provides for protection officers, medical facilities, free of cost orders, etc. which helps the aggrieved women in protecting themselves and their loved ones.
However, the Act is not free of certain problems. Clearly, the implementation of the Act needs to be made more concrete. The Human Rights Watch has found that police often do not file a First Information Report (FIR), i.e, the first step to initiating a police investigation, especially if the aggrieved person is from an economically or socially backward community. Most of the domestic violence, sexual violence, and marital rape cases in India never go reported. Lack of trained counsellors who can help domestic abuse victims and little access to legal aid also adds to the misery of these victims. Issues like these need to be solved so as to ensure that women get the justice they truly deserve.
The content of this document do not necessarily reflect the views / position of RKS Associate, but remains a probable view. For any further queries or follow up please contact RKS Associate at [email protected]