Sarfaesi Act - Loans, Advice of ex-Banker in Npa Accounts, Drt, Sarfaesi Act

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Sarfaesi Act

Services

Our Specialities That Hit the Target Like Bullet

NPADoctor offers Highly Specialized Services in the following areas-

A. Demand Notice issued under Sec.13(2) of the “SARFAESI Act, 2002’ by the Bank:
1. We prepare well drafted objection petition to Challenge the Demand Notice issued under Sec.13(2) of the SARFAESI Act by the Bank.  This is done  as per provisions of Section 13 (3A) of the SARFAESI Act.

2. We prepare the legal strategy for Saving the assets from being auctioned under the SARFAESI Act and prepare the matter for filing SA in DRT / Application to stay the SARFAESI action initiated by the Bank.

B. Symbolic Possession taken by the Bank u/s Sec.13(4) of the “SARFAESI Act, 2002’ by the Bank:
We prepare the legal strategy for Saving the assets from being auctioned under the SARFAESI Act and prepare the matter for filing SA in DRT / Application to stay the SARFAESI action initiated by the Bank and to legally invalidiate the Bank's action.

C. Physical Possession taken by the Bank u/s Sec.13(4) of the “SARFAESI Act, 2002’ by the Bank:
We prepare the legal strategy for Saving the assets from being auctioned under the SARFAESI Act and prepare the matter for filing SA in DRT / Application to stay the SARFAESI action initiated by the Bank and to legally invalidiate the Bank's action.

D. Asets auctioned by the Bank under SARFAESI Act, 2002:
We examine the case to find legal technicalities to challenge the Bank's action and to get the asset back along with compensation from the Bank.

E. For suit filed account:
1. Engagement of and sitting with lawyer for drafting of reply/arguments etc to counter the  Recovery Suits/OA in DRT file by the Bank.

2. Filing counter claim against the Bank(s), for their lapses /mistakes (such as not following RBI guidelines, Delay in disbursement of loan, Wrongful action/publication under  etc), under the various enactments with legal  justification.

3. To see if there are grounds for release of Personal Guarantee.

4. Challenging the unlawful attachment/sale of assets by the Bank.

F. For Non-suit filed accounts :
1. Rehabilitation/Restructuring of sick units/NPA Accounts with reliefs & concessions, and additional finance.  

2. Prepare cases suitable to pray scope of restructuring before the  BIFR/AAIFR/CDR.

3. Enhancement of existing credit limits, wherever required and justified.

4. Switch-over of accounts to other banks with lower rate of interest/additional finance (for non-NPA accounts only).

G. For all NPA accounts :
1. Consultation for One-Time Settlements (OTS) in favour of borrower.

2. Advice on legal aspects of banking.

3. Suggesting various ways to save the assets (including personal property), irrespective of their being mortgaged/ hypothecated/ charged or otherwise, from being attached/sold by the Bank.

4. Arranging temporary loans from NBFC at reasonable rate of interest for making payment of shortfall in the  amount of  approved OTS to the Bank.

5. Finding out customers for ideal assets for arranging funds for the business of the clients.
Finding strategic investors / technical/ marketing collaborators for the business of our clients.

H. For Standard Accounts :
1. Preparing project reports and arranging Working Capital Cash Credit Limits, Term Loan and non-fund based facilities including Bank Guarantees and Letters of Credit.

2. Arranging ECB (External Commercial Borrowings) for import of Machinery/Equipment, Raw Materials at LIBOR linked cheaper rate of interest.

3. Enhancement of existing credit limits.

4. Switch-over of accounts to another Bank for lower rate of interest/additional finance.

5. Arranging Venture Capital.

I.  What if my business problems are unique in nature, not described above ?
Please feel free to share your issues, hopefully, we take up all sorts of business issues, pertaining from Credit, Banking disputes, Wrongful invoking of Bank Guarantees and disputes between the partners, inter se or the business disputes with third parties as well, besides the NPA Management and strategically rebutting the Sarfaesi Action and leading for settlement of loan by way of compromised OTS with the Bank.
 
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