Debt Recovery & Financial Disputes

1. SARFAESI Act Compliance & Bank Recovery Proceedings

Legal assistance to banks and financial institutions in enforcing secured debts under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002, including:

• Initiation of Proceedings for Loan Defaults & Non-Performing Assets (NPAs).
• Issuance of Demand Notices Under Section 13(2) of the SARFAESI Act.
• Possession & Auction of Secured Assets Under Section 13(4).
• Representation Before DRT & High Courts in Borrower Appeals.

2. Corporate Debt Recovery & Commercial Dispute Resolution

Legal representation for corporate entities, businesses, and creditors in recovering outstanding debts, including:

• Recovery of Unpaid Invoices & Commercial Dues.
• Litigation for Breach of Contract & Payment Defaults.
• Negotiations for Settlement & Alternative Dispute Resolution (ADR).
• Execution of Court Decrees & Arbitration Awards.

3. Debt Recovery Tribunal (DRT) & Appellate Tribunal (DRAT) Matters

Kapil Dixit LLP represents clients in proceedings before the DRT and DRAT under the Recovery of Debts and Bankruptcy Act, 1993, including:

• Filing & Defense of Debt Recovery Petitions by Banks & Financial Institutions.
• Challenging Orders of DRT Before DRAT & High Courts.
• Legal Action Against Wilful Defaulters & Fraudulent Borrowers.
• Appeals & Stay Applications in Debt Recovery Proceedings.

4. Insolvency & Bankruptcy Code (IBC) Proceedings

Legal representation for creditors, debtors, and corporate entities under the Insolvency and Bankruptcy Code (IBC), 2016, including:

• Initiating Corporate Insolvency Resolution Process (CIRP).
• Filing Claims Before the National Company Law Tribunal (NCLT).
• Resolution & Liquidation Proceedings Under IBC.
• Defending Businesses Against Insolvency Petitions.

5. Personal Loan & Credit Card Debt Recovery

Legal assistance for banks, NBFCs, and financial institutions in recovering personal loans, including:

• Legal Notices for Loan Default & Credit Card Non-Payment.
• Initiating Civil Suits for Recovery of Unpaid Dues.
• Enforcement of Debt Settlement Agreements.

6. Loan Fraud & Financial Irregularities

Representation in cases of loan fraud, misrepresentation, and financial disputes, including:

• Legal Action Against Wilful Defaulters Under RBI & Banking Regulations.
• Fraudulent Loan Transactions & Misuse of Financial Instruments.
• Filing Complaints Before Banking Ombudsman & Financial Authorities.

Debt Recovery Tribunal (DRT)

DRT has jurisdiction over cases related to:

• Recovery of Secured & Unsecured Loans Above Rs. 20 Lakh.
• Proceedings Under the SARFAESI Act, 2002.
• Corporate Loan Defaults & Non-Performing Assets (NPAs).

Debt Recovery Appellate Tribunal (DRAT)

DRAT hears appeals against DRT orders, including:

• Challenges to SARFAESI Enforcement Actions.
• Disputes Over Debt Recovery Tribunal Judgments.
• Appeals by Borrowers & Financial Institutions.

Step 1: Issuing Legal Notice to the Debtor

• Formal Demand for Repayment of Debt & Interest.
• Compliance with SARFAESI Act & IBC Regulations.

Step 2: Filing a Petition Before DRT or Civil Court

• Filing a Debt Recovery Suit in the Appropriate Forum.
• Presenting Loan Agreements, Financial Records & Repayment History.

Step 3: Debt Recovery Proceedings & Court Orders

• Enforcement of Security Interests & Property Attachment.
• Issuance of Recovery Certificates by the Tribunal.

Step 4: Execution of Judgment & Debt Settlement

• Auction of Secured Assets for Loan Recovery.
• Negotiated Settlements & Loan Restructuring.