Finance & Debt Recovery & Banking
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DRT, SARFAESI & Financial Disputes
Financial and banking disputes involve contractual and statutory remedies arising from lending transactions, security enforcement, recovery proceedings, and allied regulatory compliances, subject to jurisdiction, limitation, and maintainability. Professional work under this head may relate to documentation and advisory for banks/financial institutions/NBFCs and borrowers, as well as proceedings before competent courts and tribunals, including the Debt Recovery Tribunal and Appellate Tribunal, as applicable.
Work may include drafting and review of lending and security documentation (including loan agreements, security documents, guarantees, and restructuring arrangements), assessment of the factual and documentary record, and preparation of pleadings, replies, and applications in recovery and enforcement proceedings. Proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 may involve steps connected with enforcement measures, possession-related actions, objections/representations, and challenges before the appropriate forum, in accordance with law. Where maintainable, work may also include civil recovery proceedings or other statutory remedies, depending on the facts and forum jurisdiction.
For banking service-related grievances, professional work may also include preparation of written complaints/representations to the concerned bank’s designated grievance redressal mechanism (including the Nodal/Principal Nodal Officer, as applicable), and where the grievance remains unresolved within the prescribed framework, initiating proceedings before the Reserve Bank–Integrated Ombudsman mechanism, in accordance with the applicable scheme and maintainability requirements. Where an appellate remedy is provided under the applicable framework, work may include pursuing such appeal/review, subject to limitation and procedural requirements.
Where parties explore resolution mechanisms, work may include structuring and documentation of settlement proposals (including one-time settlement proposals) and restructuring options, subject to applicable guidelines and institutional approvals. Regulatory and compliance considerations, including relevant directions and norms issued by the Reserve Bank of India, may be addressed where applicable.
Key Statutory Framework (Illustrative)
- Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
- Recovery of Debts and Bankruptcy Act, 1993 (DRT framework)
- Indian Contract Act, 1872
- Reserve Bank of India Act, 1934 and RBI directions/guidelines
- Code of Civil Procedure, 1908
Disclaimer
This page is for general information only and does not constitute legal advice or solicitation.
An advocate–client relationship is not created by access to or use of this website.
Are consultations available through electronic modes?
Modes of professional interaction may vary depending on the nature of the matter and practical requirements. Certain matters may require in-person meetings, while preliminary discussions may be possible through electronic or remote means, subject to feasibility.
Are communications made through the website confidential?
Visitors are advised not to share confidential or sensitive information through the website. Confidentiality obligations arise only after a formal advocate–client relationship is formally established.
How are professional fees determined?
Professional fees are determined on a case-to-case basis, depending on factors such as the nature of the matter, complexity involved, stage of proceedings, and time requirements. Fees are discussed at the time of formal engagement.
Are alternative dispute resolution mechanisms considered before litigation?
Where legally permissible and appropriate, mechanisms such as negotiation, mediation, or arbitration may be explored as alternatives to litigation. The suitability of such mechanisms depends on the facts and legal framework of each matter.
Does accessing this website or contacting the office create an advocate–client relationship?
No. Merely accessing this website or contacting the office does not create an advocate–client relationship. Such a relationship is established only through a formal professional engagement, in accordance with applicable law and professional rules.
Does the practice guarantee outcomes or results in legal proceedings?
No. Legal proceedings are subject to judicial determination, facts, evidence, and applicable law. No outcome or result is assured or guaranteed.
Is prior appointment required for meeting an Advocate?
Professional meetings are ordinarily conducted by prior arrangement, subject to availability and procedural requirements.
Are court fees and statutory charges included in professional fees?
Court fees, government charges, and other statutory or out-of-pocket expenses are separate from professional fees, unless otherwise agreed at the time of formal engagement.
Can a matter be settled during the course of proceedings?
Settlement possibilities may be explored at appropriate stages, subject to legal permissibility and the mutual consent of the parties involved.
Is the website content updated regularly?
While reasonable care is taken to update the content, the law being dynamic and vast, the website may not always reflect the most recent legal developments.