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SARFAESI Section 14 possession, DRT and DRAT recovery proceedings, RBI Integrated Ombudsman appeals, fraud-in-account claims and consumer-protection forum disputes against banks.
Banking and financial disputes practice covers recovery, enforcement and consumer-protection proceedings between banks (and NBFCs) and their borrowers, depositors and customers. The work spans security enforcement under SARFAESI, recovery proceedings before the DRTs, RBI Ombudsman complaints and appeals, and consumer complaints before the NCDRC and State Commissions.
The firm acts for banks, NBFCs, ARCs, borrowers, guarantors, customers and individual claimants. The same factual matrix often produces parallel proceedings — a SARFAESI possession action, a DRT recovery petition, a Section 17 SARFAESI appeal, an ombudsman complaint and a writ challenge — and the strategy must be co-ordinated across all of them.
The bank that wins SARFAESI possession can lose the DRT recovery; the borrower who wins the writ can lose the ombudsman appeal. Co-ordinated strategy is dispositive.
Section 13(2) demand, Section 13(4) possession, Section 14 magistrate-assisted possession, Section 17 borrower's appeal.
OA recovery petitions, counter-claims, interim relief and appeals to DRAT.
Integrated Ombudsman Scheme complaints and Clause 17 appeals to the RBI Appellate Authority.
NCDRC, State and District Commission complaints against banks for deficiency of service.
The SARFAESI Act creates a non-judicial recovery mechanism for secured creditors. The firm acts on both sides — for banks taking Section 13(4) possession and for borrowers challenging that possession under Section 17. The Section 14 magistrate-assisted possession route is particularly contested; the firm has appeared in matters involving multi-state property portfolios, residential vs commercial classification disputes, and challenges to procedural provisions.
The Debt Recovery Tribunals adjudicate recovery petitions filed by banks and FIs under the Recovery of Debts and Bankruptcy Act, 1993 for debts above ₹20 lakh. The procedure is summary in nature — pleadings, evidence-on-affidavit and final order within prescribed timelines. The firm acts for both banks and borrowers, including in multi-bank DRT matters where the same borrower faces parallel petitions from multiple lenders.
The Reserve Bank's Integrated Ombudsman Scheme 2021 consolidated three earlier schemes into a single mechanism. Complaints can cover deficiency of service, dispute on charges, mis-selling, transaction errors and customer grievances. The decision of the Ombudsman is appealable under Clause 17 of the Scheme to the Appellate Authority designated by the RBI.
Banks and NBFCs are routinely respondents in consumer complaints under the Consumer Protection Act, 2019. The firm acts for both consumer-complainants and bank-respondents.