Commercial and banking disputes arise from financial transactions, lending arrangements, contractual obligations, and recovery proceedings between financial institutions, businesses, and borrowers.
Ravi & Jana | Advocates represents clients in commercial litigation and banking disputes before Commercial Courts, Debt Recovery Tribunals (DRT), Appellate Tribunals, and Civil Courts in Bengaluru.
Banking disputes frequently involve enforcement of secured loans, recovery proceedings, and challenges to measures taken by financial institutions.
This includes representation in matters under:
Such proceedings require strict adherence to statutory timelines and procedural requirements.
Commercial disputes arise from breach of contracts, supply agreements, partnership arrangements, service contracts, and business transactions.
These matters may involve:
Strategic pleadings and documentary analysis play a crucial role in commercial litigation.
Commercial disputes often require:
Timely legal intervention is critical in banking matters due to statutory timelines.
The SARFAESI Act enables banks and financial institutions to enforce secured assets without court intervention in case of loan default, subject to statutory procedure and borrower rights to challenge such measures before the Debt Recovery Tribunal.
Under the SARFAESI Act, secured creditors can take symbolic possession of secured assets without filing any case before the Court. However, physical possession can be sought by filing appropriate proceedings before the Magistrate. All actions by the bank must comply strictly with statutory procedure. Any procedural violation can be challenged before the DRT.
Yes. A borrower may challenge measures taken under the SARFAESI Act before the Debt Recovery Tribunal within the prescribed statutory period.
Yes. A borrower or guarantor can file a Securitisation Application before the Debt Recovery Tribunal (DRT) under Section 17 of the SARFAESI Act challenging measures taken by the bank, including possession and auction. Courts generally expect borrowers to approach the DRT rather than directly filing writ petitions. Timely action is crucial.
Under the SARFAESI Act, banks can enforce security without court intervention. Under the RDDB Act, banks file Original Applications before the DRT for recovery of debts.
The DRT adjudicates disputes relating to recovery of debts by banks and financial institutions, including challenges to enforcement measures.
A commercial dispute arises from business or financial transactions between parties, including breach of contracts, unpaid dues, partnership disagreements, and financial enforcement matters.
Timelines vary depending on court workload, nature of dispute, and whether interim relief is sought. Summary suits under Order XXXVII CPC may proceed faster if the defendant fails to obtain leave to defend. However, contested matters may take longer. Interim injunctions can often be obtained at an early stage.
Yes. In cases involving cheque dishonour, fraud, breach of trust, or misappropriation, criminal proceedings may be initiated alongside civil recovery proceedings. However, criminal action cannot be used purely as a pressure tactic for recovery of money.
Yes. Many commercial disputes may be resolved through negotiations or mediation depending on the facts of the case.
