Path to Financial Resolution
A strategic roadmap from receiving a bank notice to securing a settlement or court order.
Notice Analysis
Reviewing Sec 13(2) or 138 NI notices for procedural errors to build grounds for defense.
Court Defense
Filing Securitization Application (SA) in DRT or quashing petition in High Court.
Interim Stay
Securing immediate stay orders against Auction or physical possession of property.
OTS / Decree
Negotiating a favorable One Time Settlement (OTS) or fighting for final acquittal.
Strategic Defense against
Coercive Recovery
We provide specialized defense for borrowers and guarantors, ensuring that banks and financial institutions adhere strictly to due process under SARFAESI and RBI guidelines.
Asset Protection
Stopping illegal possession and auction of residential and commercial properties.
Criminal Defense
Bail and trial defense in Cheque Bounce (138 NI) and Financial Fraud cases.
Procedural Audit
Identifying gaps in Section 13(2) and 13(4) notices to verify if the bank followed mandatory timelines.
Interest Audit
Forensic verification of interest calculations to challenge inflated claims and penal charges.
Debt Restructuring
Negotiating viable One Time Settlement (OTS) proposals with bank higher authorities.
Borrower's Rights
RBI Guidelines
Defaults do not strip you of your legal rights. RBI guidelines and Supreme Court judgments provide specific protections against harassment and unfair valuation.
Notice Reply
Drafting strong legal replies to Section 13(2) notices, denying liability and raising disputes.
DRT Litigation
Filing Securitization Applications (SA) to challenge bank actions and get stay orders.
Cheque Bounce
Defense in 138 NI Act cases, proving "no legal liability" or disputing the debt amount.
Settlement (OTS)
Negotiating One Time Settlements with haircuts on interest and penalties.
Scope of Financial Litigation
Comprehensive legal support for borrowers, guarantors, and corporates in complex financial disputes.
Bank Loan Disputes
Resolving term loan, personal loan, and mortgage disputes with banks.
SARFAESI Recovery
Legal defense against 13(2) notices and 13(4) possession measures.
NPA Disputes
Challenging wrongful NPA tagging and violation of RBI norms.
Credit Card Disputes
Defense against inflated bills, hidden charges, and harassment.
Agent Harassment
Action against abusive recovery agents and illegal coercion.
Banking Fraud
Recovery of funds lost to cyber fraud and unauthorized debits.
Insurance / NBFC
Disputes with insurers and NBFCs regarding claims and coverage.
Banking Ombudsman
Filing complaints with the Banking Ombudsman for service deficiency.
Fake Loans & CIBIL Disputes
Victim of identity theft or banking errors? We fight to clear your name and restore your credit score.
Identity Theft & Fake Loans
- Unknown loans reflecting on PAN card
- Disbursement to fraudulent accounts
- Misuse of documents by agents/apps
Wrong CIBIL Entry
- Removal of 'Written Off' / 'Settled' tags
- Updating 'Closed' status after NOC
- Correction of name/address errors
Applicable Banking Laws
Navigating the draconian provisions of financial statutes. We turn procedural laws into your strongest defense.
SARFAESI Act, 2002
Empowers banks to auction properties without court intervention. We challenge this power in DRT.
RDB Act, 1993
Recovery of Debts and Bankruptcy Act.
Governs OA filed by banks in DRT.
RBI Guidelines & Circulars
Master Circulars on IRAC Norms & Collection.
Mandates fair recovery practices.
Indian Contract Act, 1872
Governs validity of loan agreements & guarantees.
CPA 2019
Consumer Protection Act (Service Deficiency).
IBC 2016
Insolvency & Bankruptcy Code (Limited Context).
Remedies & Reliefs
The DRT and Courts are empowered to protect borrowers from arbitrary bank actions. We fight for specific reliefs to safeguard your hard-earned assets.
Challenge Illegal Actions
Legal challenges against arbitrary seizure, auction, or possession notices issued without following legal due process.
Wrongful NPA Relief
Seeking restoration of account status where banks have classified it as NPA violating RBI norms or without cause.
Stay on Coercion
Obtaining judicial stay orders against aggressive recovery steps, dispossession, or coercive actions by lenders.
Compensation
Claiming damages for mental harassment and loss of reputation due to wrongful classification as Wilful Defaulter.
Account Correction
Directions for rectification of statement of accounts, reversal of penal interest, or correction of CIBIL scores.
Statutory Complaints
Representation and complaints before statutory authorities like the RBI Ombudsman for grievance redressal.
Who Can Seek Remedy?
The law provides protection to various stakeholders affected by banking actions.
Borrowers
Primary Applicants
Guarantors
Co-Applicants
Account Holders
Banking Customers
Companies / Firms
Corporate Entities
Legal Heirs
In Applicable Cases
Jurisdiction & Tribunals
Understanding the hierarchy of Debt Recovery Tribunals (DRT) is crucial for filing appeals and defense applications efficiently.
DRT (Tribunal)
Primary tribunal for recovery of debts > ?20 Lakhs and Sec 17 appeals (SA) against SARFAESI actions. Located in Lucknow.
DRAT (Appellate)
Appellate body at Allahabad for challenging DRT orders. Mandatory pre-deposit required for filing appeals.
Consumer Court
For deficiency in banking services, unauthorized deductions, or failure to return documents after loan closure.
Civil Courts
Jurisdiction is barred for SARFAESI matters but available for specific relief and declaratory suits where fraud is alleged.
High Court
Under Article 226, for violation of fundamental rights, natural justice principles, or where DRT is not functioning.
RBI Ombudsman
Alternate grievance redressal mechanism for resolving complaints against banks without approaching courts.
Essential Documents
A strong banking defense relies on paper trails. Before approaching us for a stay or SA filing, ensure you have the following records.
Loan Agreement
Copy of sanctioned letter & agreement.
13(2) Notice
Demand notice received from the bank.
Checklist for Defense
- Detailed Statement of Accounts
- Valuation Report (if any)
- Objection Letter Sent (Sec 13(3A))
- Sale Notice (if published)
- Details of Guarantors
Critical Borrower Mistakes
Ignoring 13(2) Notice
Failing to reply to the demand notice within 60 days forfeits your right to raise valid objections later in court.
Missed Limitation (45 Days)
An appeal (SA) against bank action must be filed within 45 days of the possession notice. Delay is fatal.
Self-Representation
DRT laws are highly technical. Appearing without a specialized lawyer often leads to summary dismissal of your application.
Frequently Asked Questions
Can I settle my loan if it is NPA?
Yes. Banks are often willing to negotiate a One Time Settlement (OTS) for NPA accounts. We help negotiate favorable terms to waive off penal interest and legal charges.
What happens if I ignore the 13(2) Notice?
If you don't reply or pay within 60 days, the bank gets the right to take symbolic possession of your property under Section 13(4) of the SARFAESI Act.
Can I stop a property auction?
Yes, but you must move the DRT immediately. If the bank has violated notification rules or undervaluation norms, the Tribunal can stay the auction process.
Is a lawyer mandatory for DRT?
While not legally mandatory, DRT proceedings are highly technical. One missed deadline or procedural error can lead to the loss of your property, making Qualified counsel essential.
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