05Disputes
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 & 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
What To Bring
Typical information that helps us assess a matter of this kind:
- Loan and security documentation
- Bank correspondence and notices
- Statement of account, where available
How a matter of this kind proceeds
Reading the notice
Enforcement under SARFAESI begins with a demand notice, and the statutory clock starts from it. The response period is short and worth using properly.
Objections and representation
Objections to the notice are made to the secured creditor, which must respond with reasons before it takes possession.
Tribunal proceedings
Applications are made to the Debt Recovery Tribunal, whether resisting enforcement or pursuing recovery, and interim protection sought where available.
Appeal
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
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 disputes work
Representation in civil suits, injunctions and recovery proceedings before Delhi’s trial courts and High Court.
Strategic representation in high-value commercial and business disputes.
Defence and complainant-side representation across criminal proceedings.
Next Practice Area
Property & Real Estate