When You were Born you cried while the whole world rejoiced. Live Your life in such a way that when You die, the world cries while you rejoice
…Ancient Sanskrit Saying
The Law of Attraction is best defined in the Book “The Secret” and going by the conclusion of the Book it says that “Feeling is the life” and that only decide what will you make your life via thoughts i.e., bad or good, positive or negative, world will cry or will celebrate on your death.
The Legal meaning of the topic is very much relevant and in fact is the truth amongst the unsecured creditors and decree holders except Bankers and big pocket companies and this is only due to the thankful efforts of the provisions of the Insolvency and Bankruptcy Code.
This topic came to my mind while reading the Book “WHO WILL CRY WHEN YOU WILL DIE” written by Mr. Robin Sharma. The Book basically contained many principles and efforts one shall take to ensure you are not the problem to others and in others, it means your family too and the Book stated of all policies being followed, then for sure, the world will cry at the time of your last breath. However, I being a Legal Person, like to interpret every sentence and its meaning and while going through this Book and its various principle topics and this being read with and in connection with intention of the Book “The Secret”, I got confused as the Book “The Secret” speaks of being positive in your life and your feelings shall always be positive to ensure your thoughts are positive and if so, then your hard work just flows and if this read with the Book “WHO WILL CRY WHEN YOU WILL DIE” wherein it says to follow certain principles and if one does so, success is a surety and success does not always mean Win as even Losing may be a win for some-one and this drew me to this Article and hence essayed this Article from Legal Perspective.
Whoever has an eye on the law and who is updated on various Judgements, one thing which is undisputed is the fact that there is no place for “UNSECURED CREDITORS” and “DECREE HOLDERS” i.e., MSME, Genuine Business Entities, Honest Persons, Faith in Law person (hereinafter called as “Legal-Left-Sufferer”) for them to claim their money smoothly and easily. These two categories of Legal-Left-Sufferer have been left alone in these Legal Provisions.
Constitution states that for each aggrieved party there is a legal system being placed and each responsible aggrieved party shall follow each ladder of the court system and then on there is a great proverb “Bure Kaam Ka Bura Natija”, “Honesty always WIN” and in this proverb is mostly followed by Poor class, middle class, richer-middle class and the justice they get is better to be heard from them only as they follow the process and for other than this people, the law has given them PIL, Writ Petition, SLP and Human Rights and no doubt the concept of “Seniority” which is of immensely popular theory to get move on in law in Advocate Practice.
There is no doubt that in law, this Legal-Left-Sufferer follow the law in the manner as stated by the Apex Court and Legislature and what they get is they give good 5 years in getting their order of recovery in Trial Court and then if an appeal, then 2 years and then 3 years and then if all okies, Decree takes place which takes 3 years and then further some years and assumes, if someone achieves this Target, then the Accused dies or have nothing to pay and then the laws come, Civil Law cannot imprison the defaulter as there is no criminal intent and after all in India, there is no system of Legal Fees being refunded so by this way, the Legal-Left-Sufferer gets more depressed and depressed and hence 90% of business persons today stay 100 miles far-away from the Court to claim their money. Well, since this was not enough, the new Legislature came Insolvency and Bankruptcy Code wherein Legal-Left-Sufferers get nothing means nothing and really it means nothing so a little hope of fighting in law is also getting closed due to this great law. I know in one case at NCLT Gujarat, one of them had a claim of around Rs. 2 Crores and being an unsecured creditor (Supplier under MSME) and post IBC Resolution he got a brilliant amount of Rs. 72,000/- which the said person with great heart stated of better not to take and he avoided and the Law achieved the success to such Legal-Left Sufferer.
So in this case, this Legal-Left Sufferer is the exact opposite examples of “THE SECRET” and “WHO WILL CRY WHEN YOU WILL DIE” as such Legal-Left Sufferer follows the principles of THE SECRET and followed the principle of “WHO WILL CRY WHEN YOU WILL DIE” but Laws failed them and since so, such Legal-Left Sufferer Cry when they die not due to their fault but due to inequality in law and though it is visible by Apex Courts and other Courts and Parliament, they prefer to avoid as they are aware that such Legal-Left Sufferer has no voice anywhere and that’s a real factual part in Legal Parlance
So, who are the examples of persons who though are cheaters and fraudulent persons but follow the principles of “THE SECRET” and “WHO WILL CRY WHEN YOU WILL DIE” and what they do is nothing but defraud many people from the market and owes millions of money in the market but since they prefer to do this as a private limited company or limited company or LLP, they prefer to be free from paying the debtors in the market and even after doing a wrong act of not paying the market money but since recovery is civil and even Apex Court have stated that no section of recovery can be recovered as criminal, such persons actually prove the proverb “When You were Born you cried while the whole rejoiced. Live You life in such a way that when You die, the world cries while you rejoice” which is sad but the fact and fact and this is also enjoyed by Courts and Parliament.
Well, this article is made to shows the real struggles of so-called Legal-Left Sufferer and how the Law favors one category in all ways and avoiding showing any concern for other category and hence to say Law is Equal is just similar to the situation of a Civil Court case is being told by some-one getting closed in 2 years.
To end, this on a great note, the Book “WHO WILL CRY WHEN YOU WILL DIE” written by Robin Sharma on page 101 speaks of “Live Fully So You can Die Happily” and in this case, it is better to not pay the money in the market and let them fight in the Court as the Legal System in India is not as such being called as Defendants Law and since so, such persons can Live Fully and they do Die Happily and since so, the answer to “WHO WILL CRY WHEN YOU WILL DIE” are the Creditors who wait to get their payment but the Legal System ensure of not making them the payment as all avenues have been closed by Legal System and the last hope of claiming under Section 138 being criminal was also killed by Supreme court when the Apex Court stated that “Section 138 NI Act A ‘Civil Sheep’ In A ‘Criminal Wolf’s Clothing’; Quasi-Criminal In Nature” in Civil/Criminal Appellate Jurisdiction, Civil/Criminal Original Jurisdiction, Civil Appeal No.10355 OF 2018 = P. Mohanraj & Ors (Appellants) Vs M/s. Shah Brothers Ispat Pvt. Ltd (Respondent)
Fact is Person just cannot follow the principle of THE SECRET and “WHO WILL CRY WHEN YOU WILL DIE” purely due to the Legal System and if so, better the time is to read another Book which will help to know Legal Loopholes for making money.