S&S
S & S Co.
Advocates & Solicitors
Bar Council of India — Notice

Important Disclaimer & Notice

As per the rules of the Bar Council of India, advocates are not permitted to solicit work or advertise in any manner. By proceeding, you acknowledge that you are seeking information relating to S & S Co. of your own accord and that there has been no solicitation, advertisement or inducement by S & S Co. or any of its members.

The content of this website is provided solely for informational purposes and should not be construed as legal advice. S & S Co. shall not be liable for any consequence of any action taken by the user relying on material provided herein.

Any information shared through this website does not create an attorney-client relationship. Transmission of information herein is not intended to constitute, nor does receipt thereof constitute, an attorney-client relationship.

The contents of this website are the intellectual property of S & S Co. No part constitutes legal advice. Readers are requested to seek formal legal counsel before acting upon any information contained herein.
About Practice Areas Locations Legal Updates Legal News Team Blog Contact Us
Practice Area

Banking & Finance
Lawyers in Delhi NCR & Kolkata

SARFAESI enforcement, DRT/DRAT representation, debt restructuring and banking litigation — for banks, NBFCs and borrowers across Noida, Delhi NCR and Kolkata.

In Short

Banking and finance disputes center on debt recovery — enforcing security under the SARFAESI Act, recovery suits before the Debt Recovery Tribunal, and restructuring stressed loans. S&S Co. represents both lenders (banks, NBFCs, ARCs) and borrowers across Noida, Delhi NCR and Kolkata.

What This Practice Covers

Banking and finance litigation deals principally with the recovery of secured and unsecured debt. Where a loan is secured, the SARFAESI Act, 2002 gives banks and financial institutions a fast-track enforcement mechanism — issuing a demand notice, and on default, taking possession of and selling the secured asset without first obtaining a civil court decree. Unsecured recovery, and challenges to SARFAESI action, are routed through the Debt Recovery Tribunal (DRT) under the RDDBFI Act, with appeals to the Debt Recovery Appellate Tribunal (DRAT).

The Supreme Court has recently reinforced that SARFAESI's procedural safeguards are not mere formalities: in 2026 rulings on Rule 9 of the Security Interest (Enforcement) Rules, the Court confirmed that payment timelines governing auction sales are mandatory, not directory — a deviation can vitiate the sale and revive the borrower's redemption rights under Section 13(8).

Forums We Appear Before

Debt Recovery Tribunal (DRT) — Delhi
Debt Recovery Tribunal (DRT) — Kolkata
Debt Recovery Appellate Tribunal (DRAT)
Delhi High Court — banking writ matters
Calcutta High Court — banking writ matters
NCLT — for IBC-linked recovery

Our Banking & Finance Services

SARFAESI Enforcement Process

  1. Demand Notice

    On default, the lender issues a Section 13(2) demand notice giving the borrower 60 days to repay.

  2. Possession & Symbolic Takeover

    If unpaid, the lender can take possession of the secured asset under Section 13(4), symbolically or physically.

  3. Valuation & Auction

    The asset is valued and sold through auction, following the Rule 9 timelines the Supreme Court has confirmed are mandatory.

  4. Borrower Challenge (If Any)

    A borrower aggrieved by the process can file a Section 17 application before the DRT, which can set aside a defectively-conducted sale.

  5. Sale Confirmation & Recovery of Shortfall

    Once confirmed, sale proceeds are appropriated toward the debt; any shortfall may be pursued through further recovery proceedings.

Illustrative Scenarios

The following are hypothetical, illustrative scenarios prepared for educational purposes. They are not descriptions of actual client matters, and no outcome is guaranteed in any specific case.

Illustrative Scenario

Bank Enforcing Security Against a Defaulting Noida Business

A Noida-based business defaults on a secured term loan. A properly issued Section 13(2) notice, followed by procedurally correct possession and a Rule-9-compliant auction, gives the lender a materially faster recovery path than a civil suit — provided every procedural safeguard is documented and followed.

Illustrative Scenario

Borrower Challenging a Rushed Auction in Kolkata

A Kolkata borrower's mortgaged property is auctioned without adherence to the Rule 9 payment-timeline safeguards. A Section 17 application before the DRT, grounded in the Supreme Court's confirmation that Rule 9 timelines are mandatory, can set aside the sale and revive the borrower's redemption rights.

Illustrative Scenario

Lender Pursuing a Personal Guarantee After a Corporate Default in Ghaziabad

A bank forecloses on a Ghaziabad company's secured loan but recovers only part of the outstanding amount through SARFAESI sale. Pursuing the personal guarantor separately for the shortfall — rather than treating the SARFAESI recovery as the end of the matter — is often necessary to achieve full recovery.

Illustrative Scenario

Borrower Negotiating a One-Time Settlement Before SARFAESI Possession

A Kolkata business facing an imminent Section 13(4) possession notice proactively approaches its lender with a one-time settlement proposal backed by a credible repayment source. Lenders frequently prefer a negotiated OTS over a contested, time-consuming SARFAESI sale process, provided the proposal is realistic and front-loaded with partial payment.

Notable Judgments

Supreme Court2026
M.R. Vasumathi & E. Muthurathinasabathy — SARFAESI Rule 9 Judgments

Rule 9 Payment Timelines Under the SARFAESI Enforcement Rules Are Mandatory, Not Directory

The Supreme Court held that the payment timelines prescribed under Rule 9 of the Security Interest (Enforcement) Rules, 2002 — governing deposit of sale consideration following a SARFAESI auction — are mandatory. A secured creditor's failure to strictly enforce these timelines, or a purchaser's failure to comply with them, can vitiate the auction sale, directly affecting borrowers' redemption rights under Section 13(8) of the SARFAESI Act.

Key Takeaway — Banks, ARCs and auction purchasers must treat Rule 9 deposit deadlines as strict and non-negotiable — non-compliance now carries a real risk of the entire sale being set aside.
Supreme CourtJul 2026
PIL on Public Sector Bank-ARC Settlements — Notice Issued

SC Flags Bank–ARC–Borrower Nexus Over Deep-Discount Loan Settlements

A bench led by the Chief Justice issued notice to the Centre, the RBI, and other respondents on a plea alleging that ₹1,537 crore owed to public sector banks was settled through two asset reconstruction companies for only ₹73.50 crore. The Court flagged mis-utilisation of public money as its central concern while acknowledging limits on its role in second-guessing banks' commercial wisdom on stressed-loan resolution.

Key Takeaway — Banks and ARCs handling stressed public-sector debt should expect intensified scrutiny of settlement valuations and haircuts going forward.
RBI — Second AmendmentJun 15, 2026
RBI (NBFC — Responsible Business Conduct) (Second Amendment) Directions, 2026

RBI Introduces Comprehensive New Chapter Governing NBFC Marketing & Third-Party Product Sales

The RBI notified a new chapter under its 2025 Directions governing how NBFCs (including housing finance companies) advertise, market, and sell both their own and third-party financial products and services — tightening disclosure, suitability, and conduct standards for cross-selling arrangements.

Key Takeaway — NBFCs and HFCs must urgently review third-party product distribution and marketing arrangements for compliance with the new conduct standards.
Supreme CourtMay 2026
Fraud Account Classification — Forensic Audit Disclosure Requirement

Banks Need Not Grant a Personal Hearing Before Classifying an Account as Fraud, But Must Share the Forensic Audit Report

The Supreme Court held that banks are not obligated to grant customers a personal oral hearing before classifying their accounts as fraud, accepting submissions that individual hearings are impractical given the scale of fraud cases. However, before such classification, banks must furnish the customer with the forensic audit report underlying the decision.

Key Takeaway — Banks must build forensic-audit-report disclosure into fraud classification workflows even though oral hearings remain optional — omission of disclosure risks the classification being struck down.

See all Legal Updates for this practice area →

Our Approach to Banking & Finance

Frequently Asked Questions

What is SARFAESI and how does it help banks recover dues?

The SARFAESI Act, 2002 lets banks and financial institutions enforce security interests without first obtaining a court decree, by issuing a demand notice and, if unpaid within 60 days, taking possession and selling the secured asset.

Can a borrower challenge a SARFAESI action?

Yes — a borrower aggrieved by measures under Section 13(4) can approach the DRT under Section 17; civil courts generally have no jurisdiction to entertain such challenges directly.

What happens if a bank does not follow the Rule 9 auction timelines?

The Supreme Court has held Rule 9 payment timelines are mandatory, not directory — deviation can vitiate the auction sale and affect the borrower's redemption rights under Section 13(8).

What is the difference between DRT and DRAT?

The DRT is the first-instance forum for bank recovery suits and SARFAESI challenges; the DRAT hears appeals from DRT orders.

Get In Touch

Speak to Our
Banking & Finance Team

Tell us about your SARFAESI, DRT, or debt restructuring matter.

Contact S&S Co. →

A full-service law firm headquartered in Noida, Delhi and Kolkata — commercial litigation, arbitration, corporate advisory and regulatory counsel across Delhi NCR, Kolkata and pan-India.

Practice

Commercial Litigation Arbitration IBC & Insolvency Corporate Law & M&A Real Estate & RERA Banking & Finance All 14 Practice Areas

Locations

Noida All Locations

Firm

Team Legal Updates Legal News Contact