Notes from the practice of banking recovery law.
Analysis and explainers on SARFAESI enforcement, DRT/DRAT practice, and recovery litigation.
Wrongful Possession Under SARFAESI: When and How to Challenge It
Not every possession taken under SARFAESI was lawfully taken. Here is how to recognise wrongful possession, and the process for challenging it.
Read Article
Your Rights as a Guarantor When the Principal Borrower Defaults
Standing as a guarantor carries real exposure once the borrower defaults. Here is what the law actually entitles a guarantor to expect.
Read Article
Received a SARFAESI Notice? Here's What to Do in the First 60 Days
The 60-day period after a SARFAESI notice is the most consequential window a borrower gets. Here is how to use it well.
Read Article
Common Documentation Gaps That Weaken a Bank's SARFAESI Case
Most SARFAESI cases are won or lost on paperwork created years before enforcement begins. Here are the gaps that show up most often.
Read Article
Why Small Finance Banks Need Specialist Recovery Counsel
Small finance banks carry a different recovery profile than larger lenders. Here is why generalist counsel often falls short of what that profile requires.
Read Article
What to Look for When Empanelling a SARFAESI Panel Advocate
Panel empanelment decisions are often made on generic litigation experience. Here is what actually predicts strong SARFAESI recovery outcomes.
Read Article
Reserve Price Disputes in Bank Auctions: How to Avoid Them
The reserve price is where most SARFAESI auction disputes originate. A defensible valuation process prevents the argument before it starts.
Read Article
Can a Completed SARFAESI Auction Be Challenged? What Courts Have Said
A completed auction is not automatically final. Here is when courts and tribunals will, and will not, disturb a sale that has already taken place.
Read Article
E-Auction Under SARFAESI: A Compliance Checklist for Banks
A SARFAESI sale that skips a compliance step can be challenged even after completion. This checklist covers what to verify before the auction goes live.
Read Article
Section 14 Applications: Getting the Magistrate's Help to Take Possession
When a borrower will not hand over possession voluntarily, Section 14 is the statutory route to get it. Here is how the application actually works.
Read Article
When Should a Bank Move From SARFAESI to IBC?
SARFAESI and the Insolvency and Bankruptcy Code are not mutually exclusive, but they suit different situations. Here is how to decide.
Read Article
Recovering Dues From Guarantors: What the Law Says
A guarantee is only as useful as the recovery strategy behind it. Here is how a lender's rights against a guarantor actually work in practice.
Read Article
One Time Settlement (OTS) vs SARFAESI: Which Recovery Route Makes Sense?
Enforcement is not always the fastest or most complete recovery. Here is how to weigh a One Time Settlement against SARFAESI action.
Read Article
NPA Classification Rules Every Lender Should Know
Correct NPA classification is the trigger for every recovery tool available to a lender. Getting it wrong can undermine enforcement before it begins.
Read Article
Recovery Certificates Explained: From DRT Order to Execution
Winning before the DRT is only half the recovery. Here is how a recovery certificate actually gets converted into money in hand.
Read Article
What Happens at a DRAT Appeal? A Step-by-Step Guide
An unfavourable DRT order is not necessarily the end of the matter. Here is how an appeal to the Debts Recovery Appellate Tribunal actually works.
Read Article
How to File a Securitisation Application Under Section 17
Section 17 is the only route to challenge SARFAESI enforcement. Here is how the application works, what it must show, and where lenders and borrowers each stand.
Read Article
SARFAESI Act 2002: A Complete Timeline From Default to Auction
From the day an account slips into default to the day a sale certificate is issued, here is exactly how a SARFAESI enforcement unfolds, stage by stage.
Read Article
Can a Borrower Stop SARFAESI Action? What the Law Actually Allows
SARFAESI enforcement feels unstoppable once it begins, but the law gives borrowers specific, narrow tools to challenge it. Here is what actually works.
Read Article
Symbolic vs Physical Possession Under SARFAESI: What's the Difference?
SARFAESI possession comes in two forms with very different legal consequences. Understanding which applies, and when, prevents costly missteps.
Read Article
What Every Bank Should Check Before Issuing a Section 13(2) Notice
A Section 13(2) notice is the foundation of every SARFAESI enforcement. A short pre-issuance checklist catches most of the errors that later sink a case.
Read Article
DRT vs Civil Court: Choosing the Right Recovery Forum
Not every recovery matter belongs before the Debts Recovery Tribunal. Here is how the choice of forum affects timeline, cost, and outcome.
Read Article
Common Procedural Errors That Can Derail a SARFAESI Enforcement
Most SARFAESI challenges succeed on procedure, not merits. Here are the errors that most often give borrowers a valid ground to approach the DRT.
Read Article
Understanding the SARFAESI Act: A Practical Guide for Banks and NBFCs
A plain-language walkthrough of how the SARFAESI Act lets secured creditors recover dues without approaching a civil court, and where the process most often goes wrong.
Read Article