Flagship specialisation
Facing SARFAESI Action?
Get your matter assessed and connect with an advocate experienced in banking, DRT and DRAT matters.
SARFAESI and DRT proceedings are time-sensitive. Statutory periods run from specific events, so keep the notice, the envelope or email header and every earlier communication in the chain.
What is SARFAESI?
The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — commonly called the SARFAESI Act — allows certain secured creditors, such as banks and financial institutions, to enforce a security interest over a secured asset without first filing a civil suit.
In practice this means a borrower may receive a demand notice, may make a representation which the secured creditor is required to consider, and may thereafter face measures in respect of the secured asset, including possession and sale. A person aggrieved by such measures may approach the Debts Recovery Tribunal under Section 17, and orders of the Tribunal are appealable to the Debts Recovery Appellate Tribunal, subject to statutory conditions.
This is a neutral summary of the framework. Whether a particular notice is valid, and what remedies are available, depends on the facts, documents, jurisdiction and applicable law.
How we can help
- Case intake. Structured collection of your matter details, parties, jurisdiction and the institution involved.
- Document organization. Notices, statements of account, loan and mortgage documents and correspondence collected in one secure place.
- Advocate consultation. Speak with an advocate experienced in banking, DRT and DRAT matters in the format you choose.
- Jurisdiction matching. Routing based on the tribunal or court involved and the location of the secured asset.
- Further representation where appropriate. Where you and the advocate agree, proceed with legal work on separately agreed terms.