At Nain and Associates, we specialize in providing comprehensive legal assistance for matters before the Debt Recovery Tribunal (DRT). Our experienced team ensures effective resolution of debt-related disputes, protecting the interests of both financial institutions and borrowers.

What is DRT?

The Debt Recovery Tribunal (DRT) was established under the Recovery of Debts and Bankruptcy Act (RDBA), 1993 to facilitate the speedy recovery of debts owed to banks and financial institutions. It has jurisdiction over cases involving debt amounts of ₹20 lakhs or more.

Our Expertise in DRT Matters

1. Banking and Financial Disputes:

   • Representing banks and financial institutions in recovery proceedings.
   • Defending borrowers against recovery actions initiated under the SARFAESI Act, 2002 or RDBA.

2. SARFAESI Act Proceedings:

   • Filing applications to challenge measures such as possession, sale of secured assets, and auction notices.
   • Advising on compliance with the SARFAESI Act’s procedural requirements.

3. Debt Recovery Applications:

   • Assisting creditors in filing recovery applications for secured and unsecured debts.
   • Representing clients in cases involving non-performing assets (NPAs).

4. Appeals Before DRAT:

   • Filing and defending appeals before the Debt Recovery Appellate Tribunal (DRAT).
   • Seeking stays on recovery actions during the appeal process.

5. One-Time Settlements (OTS):

   • Negotiating settlements between creditors and borrowers to resolve disputes amicably.
   • Drafting and executing settlement agreements.

6. Asset Reconstruction:

   • Advising asset reconstruction companies (ARCs) on the acquisition and management of distressed assets.
   • Representing ARCs in DRT proceedings.

7. Corporate and Personal Guarantors:

   • Representing guarantors in disputes arising from loan defaults.
   • Challenging enforcement actions against collateral or pledged assets.

8. Restructuring and Resolution Plans:

   • Advising borrowers on restructuring loans to avoid recovery proceedings.
   • Legal support in implementing resolution plans for stressed assets.

9. Enforcement of Security Interests:

   • Assisting financial institutions in enforcing security interests through legal processes.
   • Representing clients in matters involving attachment and auction of properties.

10. Defending Against Recovery Notices:

    • Filing objections to recovery notices and measures taken by lenders.
    • Protecting clients’ rights against coercive recovery tactics.

Our Approach

1. Strategic Case Evaluation:

   • Analyzing the legal, financial, and procedural aspects of each case.
   • Developing strategies to maximize recovery or minimize liability.

2. Efficient Drafting and Filing:

   • Preparing and filing applications, counterclaims, and replies with precision.
   • Ensuring compliance with all procedural requirements of DRT and DRAT.

3. Strong Advocacy:

   • Representing clients in hearings before the DRT and DRAT.
   • Presenting compelling arguments to protect clients’ interests.

4. Alternative Dispute Resolution (ADR):

   • Exploring ADR mechanisms such as negotiation, mediation, or arbitration to resolve disputes.
   • Ensuring faster and cost-effective resolutions where possible.

Why Choose Nain and Associates?

• Expert Knowledge: Specialized expertise in banking and financial laws, including RDBA and SARFAESI.
• Tailored Solutions: Personalized strategies to meet the unique needs of each client.
• End-to-End Support: Comprehensive legal assistance from case initiation to final resolution.
• Proven Success: A track record of favorable outcomes in high-stakes DRT cases.

At Nain and Associates, we are committed to delivering exceptional legal services, safeguarding your rights, and achieving efficient resolutions in debt recovery matters.