Banking Litigation

Our banking litigation team advises and represents clients in a wide array of matters, including:

1. Loan Recovery and Enforcement

• Initiating recovery proceedings before Debt Recovery Tribunals (DRTs) and Debt Recovery Appellate Tribunals (DRATs) under the Recovery of Debts and Bankruptcy Act, 1993.
• Representing clients in SARFAESI proceedings, including possession of secured assets, auctions, and challenges under Section 17.
• Drafting and executing recovery suits, compromise decrees, and enforcement of judgments.

2. Banking Frauds and White-Collar Crimes

• Advising banks and financial institutions in cases of fraud, embezzlement, forged documents, and cybercrime.
• Initiating criminal complaints and coordinating with law enforcement for recovery and prosecution.
• Defending individuals falsely implicated in financial offences or facing overreaching penal provisions.

3. Loan Default and NPA Disputes

• Representing both banks and borrowers in disputes arising from non-performing assets (NPAs), loan restructuring, and settlement negotiations.
• Challenging arbitrary or unlawful loan classification, excessive interest charges, and violation of RBI norms.

4. Disputes Over Bank Guarantees and Letters of Credit

• Handling invocation and enforcement of bank guarantees, performance guarantees, and letters of credit.
• Advising clients on disputes involving fraud, misrepresentation, or wrongful encashment.

5. Account Freezing and Operational Disputes

• Representing customers in wrongful freezing of accounts, ATM frauds, fund holdbacks, and internet banking disputes.
• Advising banks on blocking and releasing accounts based on regulatory instructions or court orders.

6. Writ Petitions and Regulatory Challenges

• Filing writ petitions before High Courts to challenge actions of regulatory bodies like RBI, SEBI, or enforcement agencies.

Defending financial institutions in cases involving constitutional questions, public interest litigation, and government audits.