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.