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DRT Cases

Debt Recovery Tribunal and SARFAESI matters — for borrowers, guarantors and lenders.

Civil & Money Recovery · Lucknow

Banks and financial institutions recover debts of ₹20 lakh or more through the Debt Recovery Tribunal, and can enforce security without going to court under the SARFAESI Act, 2002 — issuing a 60-day demand notice under Section 13(2) and then taking possession under Section 13(4).

Borrowers and guarantors can challenge SARFAESI action by filing a securitisation application before the DRT within 45 days, and appeal DRT orders to the Debt Recovery Appellate Tribunal on a pre-deposit. We also negotiate one-time settlements.

When you may need this

  • You have received a SARFAESI notice under Section 13(2)
  • The bank has taken or is taking possession of your property
  • A bank has filed a recovery application against you
  • You are a guarantor facing recovery
  • You want a one-time settlement

How we handle it

  1. We review the loan documents and the bank's notices
  2. We reply to the notice within time
  3. We file a securitisation application or defend the recovery case
  4. We seek a stay where the law allows
  5. We negotiate settlement or appeal to DRAT

Documents to bring

  • Loan sanction letter and agreements
  • Account statements
  • SARFAESI notices and possession notices
  • Correspondence with the bank
  • Property documents of the security

Questions about DRT Cases

How long do I have to challenge a bank's SARFAESI action?

A securitisation application under Section 17 of the SARFAESI Act must ordinarily be filed before the Debt Recovery Tribunal within 45 days of the action taken by the bank, such as taking possession of the property.

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