Skip to content
Ad LitemAssociates

Recovery, disputes & regulatory matters

Banking & Finance

Advice and representation for lenders, borrowers, guarantors, and businesses in banking litigation and enforcement of security under Indian law.

Banking disputes in India often move quickly—from demand notices to DRT filings and possession proceedings. Ad Litem Associates advises banks, NBFCs, borrowers, guarantors, and businesses on recovery strategy, defences, and settlement options.

We appear before the Debts Recovery Tribunal and civil courts, draft responses to SARFAESI notices, and prosecute or defend cheque dishonour complaints. The first step is always to establish which notice period or limitation date is running.

Most of our banking matters are before the Debts Recovery Tribunal, Pune and the Magistrate and civil courts of Pune and Pimpri-Chinchwad.

Work we take up

  • SARFAESI & secured asset recovery

    Notice, possession, and auction proceedings; objections before the DRT and appellate forums.

  • Debts Recovery Tribunal (DRT) litigation

    Original applications, appeals, and interim relief for banks, NBFCs, and borrowers.

  • Cheque dishonour (Section 138 NI Act)

    Complaints, defence, and compounding for dishonoured cheques in magistrate courts.

  • Loan documentation & enforcement

    Review of loan agreements, guarantees, and hypothecation; enforcement strategy.

  • NPA resolution & restructuring

    One-time settlement, IBC-related advice, and workout negotiations with financial institutions.

  • Banking fraud & financial disputes

    Misappropriation, benami transactions, and civil/criminal interface in bank fraud cases.

  • Mortgage, hypothecation & pledge

    Disputes over security creation, priority, and release of charged assets.

  • Guarantor liability & recovery suits

    Defence and prosecution of guarantor obligations under Indian Contract Act principles.

  • RBI & NBFC compliance advisory

    Regulatory responses, show-cause notices, and compliance for lending businesses.

  • Consumer complaints against banks

    Banking Ombudsman matters and consumer forum cases for service deficiency.

  • Co-operative bank & society disputes

    Membership, deposit, and loan disputes involving co-operative credit institutions.

  • CIBIL & credit reporting disputes

    Correction of wrongful defaults and willful-defaulter listing challenges.

Time limits that matter in banking disputes

60 days

SARFAESI demand notice — Section 13(2)

The borrower has 60 days from the notice to discharge the liability. A written representation or objection can be made in that period, and the secured creditor must communicate its reasons within 15 days if it does not accept it.

After 60 days

Possession and other measures — Section 13(4)

If the dues remain unpaid after 60 days, the secured creditor may take possession of the secured asset and proceed towards sale.

45 days

Application to the DRT — Section 17

A person aggrieved by measures under Section 13(4) may apply to the Debts Recovery Tribunal within 45 days of the measure.

30 days

Appeal to the DRAT — Section 18

An appeal lies within 30 days of the DRT order. A borrower's appeal requires a pre-deposit of 50% of the debt due, which the Appellate Tribunal may reduce to not less than 25%.

30 + 15 days

Cheque dishonour — Section 138, NI Act

A written demand must be sent within 30 days of learning of the dishonour. The drawer has 15 days from receipt to pay. If payment is not made, the complaint is to be filed within one month after those 15 days end.

General information on statutory timelines as on the date this page was last reviewed. Time limits turn on the facts and on amendments to the law; confirm them for your matter before relying on them.

Insights on this practice

All insights

Disclaimer

Under the rules of the Bar Council of India, advocates are not permitted to solicit work or advertise. This website of Ad Litem Associates (the “Firm”) is meant solely to provide information about the Firm, its advocates, and its areas of practice. It is not an advertisement, a solicitation, or an inducement of any sort by the Firm or any of its members.

Nothing on this website is legal advice, and using it does not create an advocate–client relationship. The Firm is not liable for any action taken in reliance on the material here.

By clicking “I agree”, you confirm that you are seeking information about the Firm of your own accord and that there has been no solicitation or inducement by the Firm. See our Terms of Use and Privacy Policy.