Strategic Representation in DRT, NCLT, SARFAESI & Financial Litigation
Commercial debt collection, loan default actions, and insolvency proceedings demand high-stakes courtroom representation and an acute understanding of financial laws. Our banking litigation team assists corporate debtors, individual borrowers, directors, guarantors, and creditors in resolving complex disputes with banks, NBFCs, and financial institutions.
Key Areas of Banking & Financial Practice
- Debts Recovery Tribunal (DRT & DRAT): Representation in original applications (OA), interlocutory applications, and appeals before the Mumbai DRT-I, DRT-II, DRT-III and the Debts Recovery Appellate Tribunal.
- SARFAESI Act Defence: Challenging demand notices under Section 13(2), possession notices under Section 13(4), symbolic possession, and auction notices by filing Securitisation Applications (SA) under Section 17.
- NCLT & IBC Insolvency Litigation: Representation before the National Company Law Tribunal (NCLT) Mumbai Bench for initiating or defending Corporate Insolvency Resolution Process (CIRP) under Section 7, 9, or 10 of the Insolvency and Bankruptcy Code (IBC).
- Section 138 Negotiable Instruments Act: Strategic litigation for cheque bounce cases, including drafting statutory demand notices, trial defence, compounding, and appellate remedies.
- High Court Banking Writs: Filing writ petitions under Article 226 of the Constitution before the Bombay High Court against arbitrary loan recall, non-compliance with RBI master circulars, or unlawful asset classification.
Protecting Your Commercial Assets & Liquidity
Financial institutions often take aggressive recovery measures. Our advocates ensure that all statutory procedures and RBI guidelines are strictly enforced, protecting borrowers from coercive actions while negotiating practical restructuring and one-time settlement (OTS) terms where feasible.
Our Legal Approach
We combine aggressive courtroom challenges with strategic settlement negotiations, safeguarding our clients' business solvency, property ownership, and financial reputation.