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Dispute Consultancy — For Large Corporates

DRT, SARFAESI & Lender Disputes — Protect the Business While You Fight the Debt

When a large loan turns hostile, the law moves fast and so do banks. Possession notices, account classification, wilful-defaulter tags — each one damages more than the loan. We act for large borrowers and lenders in DRT and SARFAESI matters with one rule: every legal step is judged by what it does to the business, the banking relationship and the exit.

Delivered by Kamlesh Mishra & Associates (KMA) — Company Secretaries & Corporate Lawyers →
DRT & DRAToriginal applications, securitisation appeals & appeals
SARFAESI13(2) replies, 13(4) challenges, possession defence
OTS strategyone-time settlements negotiated with consortium lenders
Wilful defaulterrepresentation & defence before bank committees and RBI framework

What are DRT and SARFAESI disputes, in plain words?

The DRT (Debts Recovery Tribunal) is where banks and financial institutions recover large dues — and where borrowers challenge recovery. SARFAESI is the sharper weapon: it lets secured creditors move against collateral without first going to court, through demand notices (Section 13(2)), possession and sale (Section 13(4)), with the borrower's remedy lying before the DRT.

For a large corporate borrower, these proceedings are never only about money. A SARFAESI notice reaches your other lenders, your rating, your customers and your group companies within days. For lenders, sloppy SARFAESI process — a defective notice, a wrong valuation — hands the borrower grounds to stall recovery for years. Both sides need the same thing: technically flawless process and a settlement strategy running in parallel.

How do you know you need this?

Signal 01

A Section 13(2) demand notice has arrived, or the account has been classified NPA — the 60-day reply window is the cheapest defence you will ever get. Use it properly.

Signal 02

Possession or sale notices under Section 13(4) threaten a plant, office or promoter asset — DRT securitisation applications and interim protection are time-critical.

Signal 03

A wilful-defaulter show-cause has been issued, or a forensic audit of the account has begun. What is said and filed now follows directors personally for years.

What we actually do.

1

13(2) replies & classification challenges

Detailed, evidence-backed replies to demand notices — disputing quantum, interest computation and classification where the record supports it — forcing the bank to pass a reasoned order under 13(3A).

2

DRT proceedings

Securitisation applications under Section 17, defence of original applications, interim relief, and DRAT appeals — with the record built to tribunal standards from the first filing.

3

One-time settlement (OTS) negotiation

Settlement strategy across consortium lenders: sustainable offer design, security-release sequencing and documentation that actually closes — most OTS failures are drafting failures.

4

Wilful-defaulter & forensic-audit defence

Representation before identification and review committees, replies to forensic audit findings, and challenges to classification that carry personal and group-wide consequences.

5

Lender-side recovery support

For banks, NBFCs and ARCs: SARFAESI process audit (notice, valuation, possession, sale), DRT prosecution and defence of borrower challenges — recovery that survives appeal.

What it costs, and how long it takes.

How long it takes

The 13(2) reply window is 60 days; 13(3A) reasoned orders follow. Section 17 DRT applications must be filed within 45 days of a 13(4) measure. DRT matters typically run 1–3 years; settlements, when both sides engage, close in 3–9 months.

What it costs

Engagements are staged around the statutory calendar — reply, DRT filing, interim hearing, trial/appeal — each stage quoted in advance. OTS strategy is usually quoted as a programme fee tied to milestones, not to the settlement amount.

Where we see this go wrong.

Watch out

Ignoring the 13(2) notice

Silence at 13(2) lets the bank record deemed acceptance and move to possession with a cleaner file. A strong reply does not always stop 13(4), but it builds the record your DRT application will stand on.

Watch out

Settling without releasing the web

Large loans sit inside webs — cross-collateral, personal and corporate guarantees, group security. An OTS that does not sequence releases and guarantee discharges leaves the promoter exposed after paying.

Watch out

Treating wilful-defaulter as a banking formality

The tag bars promoters from new credit and board seats across the system, and it is decided on papers you file today. It deserves senior attention from the first show-cause, not after classification.

How the engagement works.

Step 01

Emergency review

Notice, loan documents and account statements reviewed within days. Limitation, classification and immediate exposure mapped; interim risks flagged to the board.

Step 02

Reply & protect

Statutory replies filed on time; DRT applications and interim protection moved where possession or sale threatens operations.

Step 03

Negotiate in parallel

OTS discussions opened with a credible legal position behind them. Lenders settle faster with borrowers who are both reasonable and well-defended.

Step 04

Close completely

Settlement documented with full release mechanics — security, guarantees, CIBIL and tag removal — or the tribunal matter fought to order and appeal if needed.

Questions we hear.

After 60 days the bank can move to possession and sale of secured assets under 13(4) — and your silence strengthens their record. Reply within the window with documents; the bank must then pass a reasoned order on your objections under Section 13(3A).

Yes — on a Section 17 application (filed within 45 days of the 13(4) measure), the DRT can grant interim protection where the bank's process is defective or the borrower's case merits it. Speed and paperwork quality decide these applications.

Common defects: wrong outstanding computation, notice served on wrong persons or addresses, undervalued reserve price, sale without proper publication, or action during a subsisting restructuring. Each defect is a ground before the DRT — for lenders, our process audit removes them in advance.

You offer a negotiated amount (lump sum or tranches) against full release of debt, security and guarantees. With consortium lenders, expect parallel approvals and inter-se issues. The offer must be funded and credible — banks test both before the committee sits.

The bank's identification committee issues a show-cause based on evidence (often a forensic audit); you reply and are heard; a review committee confirms or drops the classification. The consequences — credit freeze, board disqualification in practice — make early, serious representation essential.

Where personal guarantees or personal collateral exist, yes — including under the IBC's personal guarantor insolvency provisions. Guarantee defence and asset structuring advice must be taken before, not after, enforcement begins.

Yes — recovery prosecution, SARFAESI process support and defence of borrower challenges. We do not act for both sides in the same matter, and conflicts are checked before any engagement begins.

Yes — a CIRP admission imposes a moratorium that halts SARFAESI and DRT action against the corporate debtor. Strategy across IBC and DRT tracks must be coordinated; we run both practices under one roof for exactly this reason.

Disputes, Diligence & Resolution

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Talk to a partner about your situation — no pitch, no obligation. If we're not the right firm for it, we'll tell you that too.

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