Banking & Finance Law Services
Regal Law Chamber provides comprehensive banking and finance law services to banks, financial institutions, NBFCs, and corporate borrowers. Our expert banking lawyers handle loan documentation, debt recovery, SARFAESI proceedings, DRT matters, regulatory compliance, and financial dispute resolution.
With over 20 years of experience in banking litigation and advisory, we have successfully represented public sector banks, private banks, cooperative banks, and financial institutions across various courts, tribunals, and regulatory authorities.
We regularly appear before:
Debts Recovery Tribunal (DRT)
Debts Recovery Appellate Tribunal (DRAT)
SEBI
NCLT
District Courts
High Courts
Supreme Court
Debt Recovery (DRT Proceedings)
DRT Litigation & Recovery
We represent banks and financial institutions in recovery proceedings before the Debts Recovery Tribunal (DRT) and Debts Recovery Appellate Tribunal (DRAT) under the Recovery of Debts and Bankruptcy Act, 1993. Our services include filing Original Applications (OAs), defending recovery matters, and execution of recovery certificates.
Discuss DRT Recovery
Original Applications
Filing recovery claims before DRT
Recovery Certificate
Execution before Recovery Officer
SARFAESI Act, 2002
Securitisation & Enforcement of Security Interest
We assist banks and financial institutions in taking possession of secured assets under the SARFAESI Act, including issuance of demand notices, symbolic possession, actual possession, sale of secured assets, and handling of borrower applications before DRT.
Enforce Security Interest
SARFAESI empowers secured creditors to enforce security interest without court intervention. Our team ensures compliance with all procedural requirements under Section 13 and handles challenges before DRT under Section 17.
Loan Documentation
Drafting & Review of Loan Documents
We draft, review, and vet loan documentation for banks, financial institutions, and corporate borrowers including:
- Loan Agreements and Term Sheets
- Mortgage Deeds and Hypothecation Agreements
- Guarantee Agreements (Personal & Corporate)
- Pledge Agreements and Security Documents
- Working Capital and Cash Credit Facilities
- Project Finance and Structured Finance Documents
Get Loan Documents Vetted
NBFC Regulations & Compliance
NBFC Advisory & Regulatory Compliance
We advise Non-Banking Financial Companies (NBFCs) on regulatory compliance under RBI guidelines, including registration, prudential norms, KYC/AML requirements, fair practices code, and reporting obligations.
NBFC Compliance Support
Banking Compliance
Regulatory Compliance Advisory
We assist banks and financial institutions in navigating complex regulatory requirements including:
- RBI Master Circulars and Guidelines
- KYC and Anti-Money Laundering (AML) compliance
- Priority Sector Lending requirements
- Asset Classification and Provisioning norms
- Basel III capital adequacy requirements
- Internal audit and compliance reviews
Ensure Regulatory Compliance
Recovery Suits
Civil Recovery Suits (Order XXXVII CPC)
We file summary recovery suits under Order XXXVII of CPC for speedy recovery of dues based on written contracts, bills of exchange, promissory notes, and other negotiable instruments.
Initiate Summary Recovery
Cheque Bounce (Section 138 NI Act)
Negotiable Instruments Act Complaints
We handle cheque bounce cases under Section 138 of the Negotiable Instruments Act, 1881, including legal notice drafting, complaint filing, evidence preparation, and representation before courts.
File Cheque Bounce Case
IBC & NCLT Proceedings
Insolvency & Bankruptcy Code, 2016
We represent financial creditors and operational creditors in insolvency proceedings before the National Company Law Tribunal (NCLT) and NCLAT, including filing of applications, resolution plan evaluation, and liquidation proceedings.
Initiate Insolvency Proceedings
Financial Disputes
We handle a wide range of financial disputes including:
- Bank guarantee invocation and disputes
- Letter of credit (LC) disputes
- Forex and foreign exchange violations
- Fraud and misappropriation cases
- Banker's right of set-off and lien
- Co-lending and consortium lending disputes
Our Banking & Finance Process
1
Case Assessment
Review of loan documents & security
2
Legal Notice
Demand notice to borrower/guarantor
3
Resolution Strategy
One-time settlement / restructuring
4
Legal Action
DRT / SARFAESI / Civil Suit
5
Enforcement
Recovery certificate execution
6
Recovery
Sale of assets / fund realization
Frequently Asked Questions
The SARFAESI process involves: (1) Classification of account as NPA, (2) Demand notice under Section 13(2) giving 60 days to repay, (3) Possession notice under Section 13(4) if payment not made, (4) Taking physical possession of secured assets, (5) Sale of assets through auction. Our team handles the entire process.
SARFAESI allows secured creditors to enforce security interest outside court without intervention, while DRT proceedings are court-driven recovery processes. SARFAESI is faster for secured assets, while DRT covers all types of recovery including unsecured debts.
NBFC registration requires incorporation as a company, minimum net owned fund of ₹2 crore (for non-deposit taking), submission of application to RBI with detailed business plan, and compliance with fit and proper criteria for management. Our team assists with the entire registration process.
The limitation period for filing a recovery suit is 3 years from the date the cause of action arises (default date). For loan accounts, this is typically from the date of demand or when the account becomes NPA.
Yes, a borrower can file an application under Section 17 of the SARFAESI Act before the Debts Recovery Tribunal within 45 days of receiving possession notice on limited grounds such as non-compliance with statutory requirements or non-existence of debt.
The procedure includes: (1) Bank return memo, (2) Legal notice to drawer within 30 days, (3) Waiting 15 days for payment, (4) Filing complaint before court within 30 days of notice expiry, (5) Court proceedings including evidence and trial. Penalties include imprisonment up to 2 years or fine up to twice the cheque amount.
KYC requirements include obtaining proof of identity (PAN, Aadhaar, Passport, etc.), proof of address, photograph, and for entities, additional documents like certificate of incorporation, MOA, board resolution, and identification of beneficial owners. Periodic updation is also required.
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