SPECIALIZED PRACTICE AREA

Banking Regulatory Advisory, SARFAESI Act Enforcement & NPA Resolution

Secured Lending Law. NPA Resolution.

We provide specialized legal and secretarial advisory on SARFAESI Act enforcement, Non-Performing Asset (NPA) restructuring, One-Time Settlement (OTS) negotiations, banking documentation, and financial recovery representation.

SARFAESI Enforcement Section 13(2), 13(4) notices, DM assistance & physical possession
NPA & OTS Resolution One-Time Settlement proposals, debt restructuring & asset sales
DRT & NCLT Representation Securitization Applications (SA), DRT litigation & CERSAI audits
Banking Regulatory Advisory, SARFAESI Act Enforcement & NPA Resolution - H N Malpure & Associates

Banking Recovery & SARFAESI Landscape

Enforcement of security interest under the SARFAESI Act, 2002 allows secured creditors to enforce collateral without court intervention, provided strict procedural timelines are observed. Parallelly, corporate borrowers navigating financial stress require strategic guidance on Non-Performing Asset (NPA) resolution, One-Time Settlement (OTS) frameworks, and legal defenses against unauthorized recovery actions.

H N Malpure & Associates delivers expert legal, regulatory, and procedural advisory spanning the complete lifecycle of secured credit transactions, NPA resolution, and financial recovery.

Our Banking & Financial Practice

We combine statutory knowledge of banking laws, RBI circulars, Debt Recovery Tribunals (DRT), and IBC mechanisms to provide balanced, legally sound, and commercially viable solutions for lenders, borrowers, and financial institutions.

Legal Principle: Rigorous statutory compliance in SARFAESI proceedings — from demand notice drafting to possession protocols and public auctions — guarantees unchallengeable recovery for lenders while safeguarding the legitimate statutory rights of borrowers.

Core Scope of Services

Our dedicated practice covers the complete spectrum of banking recovery, documentation, and litigation advisory:

  • SARFAESI Statutory Enforcement: Drafting and vetting Section 13(2) statutory demand notices, handling borrower representations under Section 13(3A), executing Section 13(4) possession notices, and assisting with Section 14 Chief Metropolitan Magistrate / District Magistrate applications for physical asset possession.
  • NPA Resolution & One-Time Settlement (OTS): Formulating commercial OTS proposals, structuring compromise settlements under RBI Prudential Guidelines, and facilitating debt restructuring agreements.
  • Banking & Security Documentation: Drafting and vetting syndicated loan agreements, hypothecation deeds, equitable and registered mortgage documentation, personal and corporate guarantees, and CERSAI security interest filings.
  • Debt Recovery Tribunal (DRT) & Litigation Support: Strategic advisory for filing or defending Securitization Applications (SA) under Section 17 of SARFAESI Act, Original Applications (OA) under Section 19 of RDB Act, and appeals before the Debt Recovery Appellate Tribunal (DRAT).
  • Asset Sale & Auction Governance: Drafting statutory auction notices, setting reserve prices under Security Interest Rules, drafting sale certificates, and verifying clean asset title handovers.

Why It Matters

Precision in banking documentation and statutory enforcement ensures rapid asset recovery, prevents costly litigation stays, and resolves stressed assets efficiently within the regulatory framework.

Consult Our Banking & SARFAESI Practice

Partner with H N Malpure & Associates for trusted banking regulatory advisory, SARFAESI enforcement, and debt recovery solutions.

Practice Scope & Key Execution Areas

SARFAESI Act Enforcement & Statutory Procedures

  • Drafting and serving Section 13(2) statutory demand notices with itemised debt and security breakdowns
  • Formulating reasoned legal replies to borrower objections under Section 13(3A) within statutory 15 days
  • Drafting Section 13(4) symbolic and physical possession notices and panchnama documentation
  • Preparing and filing Section 14 applications before District Magistrate / CMM for physical asset takeover

NPA Resolution, One-Time Settlement (OTS) & Debt Restructuring

  • Formulating structured One-Time Settlement (OTS) proposals compliant with RBI guidelines and bank policies
  • Negotiating debt restructuring, haircut terms, and extended repayment schedules for stressed corporate entities
  • Drafting tripartite restructuring agreements, settlement deeds, and no-dues release documentation
  • Advisory on asset monetization and consensual sale of mortgaged assets under banking oversight

Banking Documentation & Security Interest (CERSAI) Verification

  • Drafting and vetting term loan agreements, working capital consortia agreements, and pledge deeds
  • Verifying equitable and registered mortgage documentation, title deposit memorandums, and stamp duty
  • Conducting CERSAI search reports and registering security interest creation, modification, and satisfaction
  • Advisory on corporate guarantees, promoter personal guarantees, and enforceability reviews

DRT, DRAT & Financial Litigation Representation Support

  • Advisory and drafting for Securitization Applications (SA) under Section 17 challenging SARFAESI actions
  • Handling recovery proceedings under Section 19 before Debt Recovery Tribunals (DRT-I, DRT-II)
  • Drafting statutory appeals, waiver applications, and representations before Debt Recovery Appellate Tribunal (DRAT)
  • Coordination with NCLT Insolvency (IBC) proceedings for corporate debtor resolution and liquidation

Governing Statutory & Regulatory Framework

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act)
Security Interest (Enforcement) Rules, 2002
Recovery of Debts and Bankruptcy Act, 1993 (RDB Act / DRT)
RBI Prudential Framework for Resolution of Stressed Assets
Insolvency and Bankruptcy Code, 2016 (IBC)

Key Client Deliverables

SARFAESI Statutory Notice Package (Section 13(2), 13(4), Possession & Section 14 Petitions)
NPA Resolution & One-Time Settlement (OTS) Proposal Dossier
Security Interest & Title Due Diligence / CERSAI Search Verification Report
DRT / DRAT Securitization Application Strategy & Representation Briefs
Vetted Banking & Secured Lending Facility Agreement Dossier

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