Banking & Finance Lawyers in Delhi | Loans, Securities & DRT

Astha Law Solutions regularly advises banks, non-banking financial companies (NBFCs), financial institutions and corporate borrowers across a wide range of banking and finance matters. Our work covers lending and security documentation, loan recovery, due diligence, project and structured finance, and regulatory compliance. In the area of corporate finance, Astha Law Solutions handles securities issues, private placements, corporate restructuring, settlement strategies and advice on regulatory and prudential norms. The department combines commercial understanding with in-depth, sector-specific legal expertise.

Banking & Finance Services We Offer

ServiceWhat It Covers
Security & Lending DocumentationDrafting loan agreements, facility letters, mortgages, hypothecation and guarantee deeds
Creation & Perfection of SecurityAdvising on and registering charges in favour of lenders, including with the Registrar of Companies
Corporate Finance & SecuritiesCapital raising, debentures, private placements and public offerings
Syndicated & Bridge LendingMulti-bank facilities, consortium lending and short-term bridge finance
Loan Recovery & EnforcementEnforcing security to recover dues, including under the SARFAESI framework
Litigation Before Courts & TribunalsRepresentation before civil courts, the Debt Recovery Tribunal (DRT) and the Debt Recovery Appellate Tribunal (DRAT)
Lease & Equipment FinanceStructuring and documenting lease and asset-finance transactions
Project FinancingAdvising on infrastructure and project loans, including security packages
Insurance WorkAdvisory on insurance and credit-protection arrangements
SecuritisationActing for financial institutions on the securitisation of loan portfolios and subsequent issuance of securities
Commercial ConveyancingProperty transfers connected with secured lending
Risk Management AdvisoryHelping lenders implement appropriate risk-management frameworks
Contract DraftingCustomer agreements, security, lending and service contracts, and privacy policy statements

The Regulatory Landscape for Banking in India

Banking and finance in India is closely regulated, primarily by the Reserve Bank of India (RBI), which frames prudential norms, asset-classification rules and recovery guidelines that lenders must follow. Companies raising debt or equity are also governed by the Companies Act, 2013 and, where listed, by the regulations of the Securities and Exchange Board of India (SEBI). For us as banking lawyers, the task is to make sure that every facility, security interest and recovery action is structured to comply with this layered framework while protecting our client’s commercial interest.

Over the past several years, and particularly following measures taken to attract foreign investment into the financial sector, this area of practice has seen considerable growth. The Government of India has given the financial market an added impetus through the framework for Asset Reconstruction Companies (ARCs). With these institutions in place, the burden on banks saddled with non-performing assets (NPAs) has eased considerably, because ARCs can acquire and resolve stressed loans. Among other measures, the Government has also permitted overseas financial units to be set up in special economic zones, such as the International Financial Services Centre at GIFT City. Structured-finance transactions, whether domestic or cross-border securitisation, have steadily gained strength.

Loan Recovery, SARFAESI and the DRT

A large part of banking litigation concerns the recovery of bad debts. The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) allows banks and notified financial institutions to enforce security interests without first approaching a court, by issuing a demand notice to a defaulting borrower and, on default, taking possession of the secured asset. The Recovery of Debts and Bankruptcy Act, 1993 established the Debt Recovery Tribunal (DRT) and the Debt Recovery Appellate Tribunal (DRAT) to provide a specialised, faster forum for recovery of dues above the prescribed threshold. We act for both lenders enforcing their security and borrowers contesting recovery action, including applications and appeals before the DRT and DRAT.

Where a corporate borrower is unable to pay its debts, recovery may also move into insolvency. The Insolvency and Bankruptcy Code, 2016 (IBC) provides a time-bound process for the resolution or liquidation of defaulting companies before the National Company Law Tribunal (NCLT), and has significantly changed how lenders approach stressed assets. Our team advises financial creditors and corporate debtors on the strategic choices between SARFAESI enforcement, DRT proceedings and the IBC route.

Why Choose Astha Law Solutions

  • Combined commercial and legal perspective on every transaction
  • Experience acting for banks, NBFCs and corporate borrowers alike
  • End-to-end support from documentation to enforcement and litigation
  • Practical, compliance-focused advice tailored to RBI and SEBI norms

Get in touch if you have any questions. Feel free to contact us, or fill out our contact us form.

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