NPA - DRT Matters
NPA - DRT Matters
Guiding you through life’s most sensitive legal challenges with compassion and expertise.
Professional Rephrased Version (Pointer Format)
It is often observed that financial institutions quickly secure recovery orders under various statutes through authorities such as the CMM, District Magistrate, Co-operative Courts, DRT, etc. Hence, it is crucial for borrowers to present a strong and well-structured written case from the very beginning of the recovery process—by replying to notices on time, filing rejoinders, and maintaining documented communication with the financial institution. If aggrieved, borrowers may also approach the competent legal forum even before the institution initiates further action.
Our Role & Expertise
Guide borrowers in handling coercive recovery practices adopted by financial institutions, especially where RBI guidelines and statutory provisions are not properly followed.
Educate clients on the legal recovery measures initiated by financial institutions, enabling them to understand each step clearly.
Inform borrowers of their legal rights, while suggesting strategies to defend and safeguard mortgaged assets.
Assist in legally securing additional time for borrowers facing recovery pressures.
Specialize in SARFAESI Act matters, particularly in challenging the wrongful classification of accounts as NPAs through detailed scrutiny of notices issued under Section 13(2) of the SARFAESI Act, 2002.
Prepare comprehensive representations and objections against 13(2) notices, supported by:
Detailed account analysis
Latest RBI guidelines
Internal bank circulars
Relevant case laws and judicial precedents (Supreme Court, High Courts, DRT, Co-operative Courts)
These representations make it difficult for the financial institution to proceed with further action.
Empower clients to respond effectively to Section 13(4) notices, guiding them on the possession process and initiating action against any illegal or non-compliant steps taken by the institution.
Provide complete information and guidance regarding CMM / District Magistrate proceedings for forcible possession applications made by financial institutions.
Offer legal guidance on restoring possession of assets wrongfully taken by the bank or lender.
Navigate and challenge the complexities of:
Possession proceedings
Auction procedures
Confirmation of sale
Provide stage-wise guidance after possession is taken, ensuring clients understand their available legal remedies and next steps.
