Banking & Finance Law
The Indian banking and financial sector is highly regulated and frequently changing. Businesses, individuals, and NRIs often face challenges like loan defaults, recovery actions, SARFAESI proceedings, cheque bounce cases, insolvency under IBC. Advocate Indraraj Yadav, provides end-to-end legal solutions covering both litigation and advisory for banking and finance matters. Whether you are a borrower seeking protection, a lender initiating recovery.
Our Banking & Finance Practice Areas
Debt Recovery & Enforcement
- Representation before Debt Recovery Tribunals (DRT/DRAT).
- Execution of decrees, attachment of assets, and settlements.
- Acting for both lenders and borrowers.
SARFAESI Proceedings
- Advising banks and borrowers under the SARFAESI Act, 2002.
- Challenging illegal possession notices and auctions.
- Obtaining interim stays to protect assets.
Insolvency & Bankruptcy (IBC)
- Representing financial/operational creditors, corporate debtors, and resolution professionals.
- Filing insolvency petitions before NCLT/NCLAT.
- Defending companies against admission of insolvency.
- Drafting resolution plans and advising Committee of Creditors (CoC).
Loan & Credit Disputes
- Loan restructuring and settlement negotiations.
- Disputes over interest rates, repayment schedules, and guarantees.
- Personal guarantor liability cases.
Payment and Settlement System Acts
- Section 25 of the Payment and Settlement Systems Act, 2007 treats the dishonor of an electronic funds transfer (like a failed EMI auto-debit, NACH, or UPI payment) due to insufficient funds as a criminal offense, much like a bounced check under Section 138 of the Negotiable Instruments Act.
Cheque Bounce & Negotiable Instruments
- Section 138 NI Act cases for individuals and companies.
- Defence and prosecution in high-value cheque dishonour disputes.
Banking Fraud & White-Collar Crime
- Cases of forgery, misappropriation, embezzlement, cyber banking fraud, De-Freezing of Bank Account and Return of Property matters.
- Representation in criminal courts and enforcement directorates.
Our Process (Step-by-Step)
Consultation & Review
Assess financial agreements, defaults, or notices.
Case Strategy
Decide between DRT, SARFAESI, IBC, or civil courts.
Filing & Defence
Draft petitions, replies, and secure interim protection.
Negotiation & Settlement
Pursue restructuring or one-time settlements where viable.
Enforcement
Execute decrees, auction assets, or secure repayment.
Why Choose Advocate Indraraj Yadav
- Comprehensive scope: Banking + finance litigation + corporate overlaps.
- Proven record: Representation before NCLT, DRT, DRAT, High Courts, and Supreme Court.
- Speed & precision: Urgent interim reliefs in SARFAESI and IBC proceedings.
- NRI-focused: Account opening, remittance, compliance, and asset recovery services.
- End-to-end service: Advisory, documentation, compliance, and litigation.
Typical Scenarios We Handle
- Borrower facing imminent SARFAESI auction, seeking stay and restructuring.
- Bank filing recovery case before DRT for non-performing assets.
- High-value cheque bounce litigation under NI Act.
FAQs
Q1. Can banks take physical possession of a mortgaged property without a court order?
Yes. Under the SARFAESI Act, 2002, secured creditors (banks/FIs) can initiate action against mortgaged property without court intervention after declaring an account as a Non-Performing Asset (NPA). However, borrowers have the right to challenge any illegal or arbitrary action by filing a Securitization Application before the Debt Recovery Tribunal (DRT).
Q2. What immediate legal steps can a borrower take upon loan default?
When facing default, borrowers should promptly respond to statutory notices (such as Section 13(2) notices under SARFAESI) detailing valid objections. If a bank initiates coercive recovery, borrowers can approach the DRT for interim protection while simultaneously initiating discussions for a One-Time Settlement (OTS) or loan restructuring.
Q3. How can a borrower obtain a stay on the scheduled physical possession of property?
To obtain a stay on a scheduled physical possession or auction, a borrower must file a Securitization Application (SA) under Section 17 of the SARFAESI Act before the jurisdictional Debt Recovery Tribunal (DRT). Proving procedural lapses by the bank—such as improper notice or undervaluation—is critical to securing interim injunctive relief.