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Empanelment

  • Capri Global Capital Limited
  • HDB Financial Services Limited
  • Hinduja Housing Finance Limited
  • PNB Housing Finance Limited
  • Asset Reconstruction Company (India) Limited
  • Edelweiss Asset Reconstruction Company
    Limited
  • Kotak Mahindra Bank Ltd.

Standing Counsel of Capri Global Capital Limited at Hon’ble High Court of Delhi

Standing Counsel of HDB Financial Services Limited at Hon’ble High Court of Delhi

SARFAESI

Areas of Practice

Handling matter for banks and Financial Institutions before Debts Recovery Tribunal, Debts Recovery Appellate Tribunal proceedings
arising out of Recovery of Debts and Bankruptcy Act, 1993 and Securitization and Reconstruction of Financial assets and Enforcement of Security Interest Act, 2002;

Advising on the entire process of SARFAESI for enforcement of
security interest by the Financial Institutions, including sale of immoveable properties and also in cases where the mortgaged
property taken from builder is under-construction and
unconstructed;

Defending securitization petitions (u/s 17 of SARFAESI Act, 2002) on behalf of Financial Institutions before Debts Recovery Tribunals (DRT), Delhi and also of Chandigarh and Lucknow;

Filing Appeals/contesting appeals before Debts Recovery Appellate Tribunal, Delhi and Writ proceedings before Hon’ble Delhi High Court arising out of SARFAESI proceedings and/or OA proceedings.

Proceedings for taking physical possession under section 14  of SARFAESI Act, 2002
Conducting and obtaining orders of physical possession of mortgaged property under section 14 before CMMs of Delhi, DMs of Noida, Ghaziabad, Gurgaon, Sonipat, Ludhiana, Jalandhar and Chandigarh
OA proceedings under section 19 of Recovery of Debts & Bankruptcy Act, 1993

 Filing OAs under Recovery of Debts and Bankruptcy Act, 1993 before DRT, Delhi for Financial Institutions;

Recovery Officers, Debts Recovery Tribunals, Delhi

Seeking execution of Recovery Certificate before Recovery Officers of DRT, Delhi; Attachment, sale of immoveable properties, freezing and attachment of bank accounts/shares/salary etc. of borrower and guarantors for recovery of dues of banks & FIs; and also issuance of arrest warrants and detention of borrowers and guarantors as the case may be.

 

NCLT proceedings under Insolvency & Bankruptcy Code
  • Filing and Handling Petitions under section 7 of Insolvency and Bankruptcy Code before NCLT, Delhi on behalf of Banks and Financial Institutions;
  • Advising on Insolvency & Bankruptcy Code with the aspect of maximum recovery of delinquent accounts;

Arbitration

  • Issuing Loan Recall and Arbitration notices;
  • Instituting arbitration and handling Arbitration matters for Banks and Financial Institutions;
  • Obtaining section 9, section 17 orders and final Arbitral Award;

Execution of Arbitral Awards

 Filing and handling execution of Arbitral Awards, including attachment of immoveable property in the areas of Delhi, Noida and Ghaziabad;

Arbitration related litigation

 Filing and obtaining orders under section 9 of Arbitration & Conciliation Act, 1996 with respect to non-creation of third party rights in immoveable properties of borrowers and guarantors before Hon’ble High Court of Delhi and District courts of Delhi;

  • Defending section 34 proceedings on behalf of banks and FIs before Hon’ble High Court of Delhi and District courts of

Criminal Complaints/FIR

 Drafting and filing criminal complaints against fraudulent borrowers and guarantors; liaisoning with police authorities in Delhi;

 

Filing 156(3) of Criminal Procedure Code for registration of FIRs against fraudulent borrowers and guarantors;

 

Negotiable Instruments Act

Issuing notice under section 138 of Negotiable Instruments Act; Filing and handling complaints under section 138 of Negotiable Instruments Act before District Courts of Delhi;

liaisoning with police authorities for execution of bailable and non- bailable warrants in Delhi;

Legal Due Diligence

 Conducting legal due diligence pertaining to acquisition/assignment of loan accounts to Asset Reconstruction Companies in Delhi and Mumbai;

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