Advanced Legal Defense for Complex Banking Disputes

When debt issues escalate, banks and NBFCs may resort to serious legal actions that can threaten your assets, your reputation, and even your personal freedom. DebtCure provides specialized legal defense against aggressive recovery measures, ensuring that the law is followed and your rights are upheld in the courts of India.

1. SARFAESI Act Defense (Property Protection)

The SARFAESI Act, 2002 allows banks to seize and auction your residential or commercial property without court intervention if the loan is NPA. However, there are strict procedural requirements. We represent you in the Debt Recovery Tribunal (DRT) to:

  • Challenge Section 13(2) and 13(4) notices for procedural irregularities.
  • Obtain a stay on auction proceedings to buy more time for settlement.
  • Defend against wrongful physical possession by the bank.

Faced with Section 138 (Cheque Bounce)?

Debt recovery cannot be converted into a criminal harassment tool. If you are facing a summons under Section 138 of the Negotiable Instruments Act, our criminal defense advocates provide immediate representation to secure bail and contest the case on merits.

2. Arbitration Representation

Many loan agreements have 'unilateral' arbitration clauses where the bank appoints its own arbitrator. This is often biased. We challenge such appointments based on Supreme Court guidelines and ensure that your arbitration award is fair and not an ex-parte order designed to facilitate easy recovery for the bank.

3. Lok Adalat and Mediation

We believe in resolving disputes quickly. We assist you in Lok Adalats, where we negotiate for a final, binding settlement that is recognized by the court, effectively closing the case forever without long-drawn litigation.

Defense Against DRT Proceedings

If the bank has filed an OA (Original Application) in the DRT for recovery of large amounts, you need a strong written statement. We prepare forensic audits of your accounts to prove overcharging of interest and illegal penalties, often reducing the bank's claim significantly.