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06Disputes

Banking & Financial Disputes

Representation in banking, recovery and financial disputes.

Disputes involving banks, financial institutions and lending arrangements involve specialised procedure and legislation. We represent clients in recovery actions, security enforcement matters and related proceedings.

Services and matters handled

  • Recovery proceedings before the Debt Recovery Tribunal
  • Matters under the SARFAESI Act
  • Loan and security disputes
  • Cheque dishonour matters under the Negotiable Instruments Act

How a matter of this kind proceeds

  1. Reading the notice

    Statutory notice period

    Enforcement under SARFAESI begins with a demand notice, and the statutory clock starts from it. The response period is short and worth using properly.

  2. Objections and representation

    Within the statutory period

    Objections to the notice are made to the secured creditor, which must respond with reasons before it takes possession.

  3. Tribunal proceedings

    Governed by tribunal listing

    Applications are made to the Debt Recovery Tribunal, whether resisting enforcement or pursuing recovery, and interim protection sought where available.

  4. Appeal

    Appeal period fixed by statute

    An appeal lies to the Appellate Tribunal, ordinarily conditional on a statutory pre-deposit.

Timelines are indicative only. Listing and hearing dates are set by the court or tribunal concerned and are outside the firm’s control.

Who you would work with

Shivani Bardia, Associate / Counsel

Shivani Bardia

Associate / Counsel

Common questions

The bank has issued a SARFAESI notice. What are my options?

The statute provides a defined window in which to make objections to the secured creditor, and a route to the Debt Recovery Tribunal thereafter. These periods are short and strictly applied, so the practical answer is to take advice immediately rather than after possession is taken.

What happens in a cheque dishonour case?

Dishonour of a cheque for insufficiency of funds can give rise to a criminal complaint, but only if the statutory notice is issued within the prescribed period of the bank's memo and the complaint is filed within the period that follows. The timelines are unforgiving on both sides.

Can I resist recovery if I dispute the amount claimed?

A disputed account is a matter to be raised properly and with documents — the statement of account, the sanction terms and the correspondence. Whether it is raised before the tribunal, by objection, or in a counterclaim depends on the stage the matter has reached.

Related practice areas

All practice areas
07

Property & Real Estate

Advisory and litigation support in property, title and real estate matters.

Including: Title disputes and suits for possession; Partition matters

01

Civil Litigation

Representation in civil suits, injunctions and recovery proceedings before Delhi’s trial courts and High Court.

Including: Civil suits and recovery actions; Injunctions and interim relief

02

Commercial Litigation

Strategic representation in high-value commercial and business disputes.

Including: Contractual and shareholder disputes; Partnership and joint-venture disputes

A banking & financial disputes matter of your own?

Write to us with a short description of it, and we will tell you what it turns on and what the options are. Nothing sent through this site is a retainer.

+91 98108 06329

Monday – Saturday, 10:00 AM – 6:30 PM

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