Advocate Harsh Singh|Enrolment No: BR/1404/2010
📞+91 96619 11004|
Practice Area 13 of 16

Banking & Debt Recovery (DRT & SARFAESI)

Proceedings before Debts Recovery Tribunal Patna, auction challenges, and bank dispute litigation.

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Primary Forums & Tribunals

Debts Recovery Tribunal (DRT) Patna, DRAT & Patna High Court

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Jurisdiction Coverage

Patna High Court & Subordinate Courts/Tribunals across all 38 Districts of Bihar

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Practice Overview & Legal Context

High-stakes banking, financial asset restructuring, and debt recovery litigation. The chamber defends borrowers, commercial enterprises, and third-party title holders against coercive SARFAESI auctions, while also representing lenders in lawful asset recovery before the Debts Recovery Tribunal (DRT) at Patna.

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Scope of Chamber Representation

7 Focus Areas
✓Securitisation Applications (S.A.) under Section 17 SARFAESI Act before DRT Patna challenging demand notices (Sec 13(2)), possession notices (Sec 13(4)), and e-auction sales
✓Objections to District Magistrate orders under Section 14 SARFAESI for physical possession of residential and commercial properties
✓Defending Original Applications (O.A.) filed by banks and financial institutions for recovery of alleged debt under the RDB Act
✓Negotiating and legally formalising One-Time Settlements (OTS) in accordance with binding RBI non-discretionary frameworks
✓Protecting bona fide third-party purchasers and tenants in possession of mortgaged properties
✓Statutory appeals before the Debts Recovery Appellate Tribunal (DRAT) at Kolkata
✓Writ petitions before the Patna High Court where DRT is non-functional or where banks act in total violation of statutory notice requirements
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Governing Acts, Rules & Codes

Litigation and advisory in this domain are governed by key central and Bihar state statutes:

⚖️Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act)
⚖️Recovery of Debts and Bankruptcy Act, 1993 (RDB Act)
⚖️Security Interest (Enforcement) Rules, 2002
⚖️Reserve Bank of India (RBI) Prudential Norms on NPA Classification
⚖️Constitution of India (Article 226 - Writ remedies in exceptional SARFAESI overreach)
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Litigation Procedure & Appellate Trajectory

Upon receipt of a Section 13(2) demand notice, a structured statutory representation under Section 13(3A) is submitted. If the bank issues symbolic possession or an auction sale notice, a Securitisation Application (SA) is filed before DRT Patna seeking urgent interim stay of auction upon compliance with deposit norms.

ℹLimitation periods and forum hierarchy apply strictly under relevant Bihar state rules.
Chamber Intake

Case Briefing & Document Review

For representation in Banking & Debt Recovery (DRT & SARFAESI) before the Patna High Court, Bihar Land Tribunal, or district authorities across Bihar, reach the chamber directly.

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