Banking, SARFAESI and DRT
Representation in debt recovery, SARFAESI enforcement and regulatory banking matters before tribunals and financial regulators.
When a loan turns non-performing, the law gives a secured lender an enforcement route that runs largely outside the ordinary civil courts, and gives the borrower and any guarantor a defined set of forums in which to contest it. Banking, SARFAESI and DRT work covers both sides of that process.
Enforcement and possession
The SARFAESI Act allows a secured creditor to classify an account as non-performing, issue a demand notice, and, if the demand is not met, take possession of and sell the secured asset without first going to court. A borrower or guarantor who wants to contest that action (on the ground that the classification was wrong, that the notice was defective, or that the possession or auction process was not properly followed) does so before the Debts Recovery Tribunal, and from there, if necessary, the Debts Recovery Appellate Tribunal.
Recovery proceedings
Where a lender proceeds by way of a recovery suit rather than SARFAESI enforcement, that suit is filed before the Debts Recovery Tribunal rather than a civil court, under the Recovery of Debts and Bankruptcy Act. The Tribunal's process is intended to move faster than ordinary civil litigation, and both banks and borrowers appear before it regularly enough that its procedure has developed its own conventions distinct from the civil courts.
Restructuring and regulatory questions
Not every stressed account proceeds straight to enforcement. Reserve Bank of India directions on non-performing asset classification set out when and how an account is categorised, and a lender and borrower may instead pursue a restructuring proposal that keeps the account performing under revised terms. Advisory on this question sits alongside the underlying regulatory compliance obligations that apply to how banks and non-banking financial companies conduct lending and recovery. What a party on either side of a stressed loan has to decide is whether the account is genuinely capable of restructuring, or whether enforcement, with its defined tribunal process and timelines, is the more realistic path forward.
What this covers
- DRT proceedings
- Representation before the Debts Recovery Tribunal and the Debts Recovery Appellate Tribunal in recovery and defence matters.
- SARFAESI enforcement and challenge
- Advisory and representation in possession, auction and account classification actions taken under the SARFAESI Act.
- Guarantor and borrower defence
- Defence of borrowers and guarantors against enforcement action initiated by banks and non-banking financial companies.
- NPA classification and restructuring
- Advisory on non-performing asset classification and restructuring proposals under Reserve Bank of India directions.
- Regulatory banking compliance
- Advisory on Reserve Bank of India regulations applicable to lending and recovery conduct.
Statutes and instruments
Forums
Sectors this practice works in
Counsel
- Adv. Harsha Swaroop P
Corporate, Projects & Regulatory
- Adv. Ravi Kumar
Employment, Workplace & Banking
