01Who this page is for
When a bank classifies a secured loan as a non-performing asset, it can enforce its security under the SARFAESI Act without going to court: a demand notice under Section 13(2) gives the borrower 60 days to pay, after which the bank can take possession and sell the property. The borrower can object in writing during those 60 days, and can challenge any possession or sale measure before the Debts Recovery Tribunal, Pune within 45 days.
Many borrowers come for advice only after the possession notice has been pasted on the door. By then, the simplest steps — a written objection under Section 13(3A), or a documented request for restructuring or a one-time settlement — may already have passed. In bank matters, acting on the first notice makes the biggest difference.
SARFAESI Notices & Possession
Reply and objection to the Section 13(2) demand notice, and a Section 17 securitisation application before DRT Pune against possession or sale measures.
How it worksBorrowers & Guarantors in DRT
Defending recovery applications filed by banks before the Debts Recovery Tribunal, Pune, including the separate position of personal guarantors.
How it worksOne-Time Settlement & Restructuring
Documenting a settlement or restructuring proposal so that it is considered on record, not lost in a branch inbox — and recorded properly once agreed.
How it worksFrozen Bank Accounts
Accounts debit-frozen on a police or cyber-crime request — finding out who froze it and why, and moving the Magistrate or the High Court to release untainted funds.
How it worksRecovery Harassment & Bank Complaints
Notices against recovery agents who breach RBI conduct rules, and complaints to the bank and the RBI Ombudsman for wrongful charges or CIBIL errors.
How it works02The process, step by step
How a SARFAESI matter runs, and where a borrower can step in:
Demand notice
The bank serves notice under Section 13(2) after the account becomes an NPA, demanding the full dues.
Day 0Objection window
Borrower may send a written representation under Section 13(3A); the bank must reply with reasons if it rejects it.
Within 60 daysPossession
Bank takes symbolic possession and publishes notice; physical possession usually needs an order of the CMM or District Magistrate.
After 60 daysDRT challenge or sale
A Section 17 application before DRT Pune within 45 days of the measure. Otherwise the bank moves to auction after a 30-day sale notice.
45 days03Documents required
Bring with you
- Every notice received from the bank, with the envelope or delivery record
- Sanction letter and loan agreement
- Account statement for the loan from the beginning
- Property documents mortgaged to the bank
- Any restructuring or settlement letters exchanged
- For frozen accounts: the bank's freeze intimation and any police notice
04Honest timelines
The statutory windows are short and fixed: 60 days to pay or object after the demand notice, 45 days to approach the DRT after a possession or sale measure, and 30 days' notice before an auction. DRT proceedings themselves commonly run for one to two years, and appeals go to the Debts Recovery Appellate Tribunal, Mumbai, where a pre-deposit is required. The practical leverage is almost always in the first two months.
05Mistakes we see every month
- Ignoring the Section 13(2) noticeSilence for 60 days lets the bank move to possession without having to answer your objections at all.
- Negotiating only by phone with the branchSettlement talks that are not in writing are not on record, and do not stop the SARFAESI clock.
- Missing the 45-day DRT windowOnce it passes, a challenge to possession or sale becomes much harder and depends on the Tribunal condoning the delay.
- Assuming a guarantor is safe if the borrower pays laterGuarantors are separately liable. Read the guarantee before relying on anyone else's promise.
06Fees, discussed upfront
Every engagement begins with a written understanding of the fee structure — consultation, drafting, appearances — before any work starts. We will tell you plainly at the first meeting what your matter involves, and you will never see a charge we did not explain.
What happens at your first consultation
- You talk, we listen. Bring whatever papers you have, organised or not. There is no form to fill and nothing to prepare.
- We tell you where you stand — including the weaknesses in your position. An advocate who only tells you good news is not advising you.
- You get options, not pressure. Sometimes the honest answer is that you do not need to file anything yet.
- Fees in writing before any work begins, so no invoice ever surprises you.
Everything you say is privileged, whether or not you engage the firm. Consultations are held in Marathi, Hindi or English — in person at Kasba Peth, or over video.
Adv. Indrajit Dongre
Leads this practice, appearing before Pune's courts since 1998.
07Frequently asked questions
Can a bank take my house without going to court?
What is DRT Pune, and do I have to go there?
My bank account has been frozen and I don't know why. What can I do?
Can recovery agents call me late at night or visit my family?
Choosing between advocates? Our checklist for choosing a lawyer in Pune covers which court hears your matter, how to verify an advocate's Bar Council enrolment yourself, what fee structures are normal, and the questions worth asking at a first meeting — ours included.