Indrajit Dongre & Associates
Advocates · Pune
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SARFAESI · DRT Pune

Bank Loan & SARFAESI Lawyer in Pune

A SARFAESI notice from a bank starts a process that moves forward whether or not you respond: demand, possession, and then auction. Borrowers and guarantors have the most options in the first 60 days. We read the notice and the loan papers and tell you which steps are still open to you.

Adv. Indrajit DongreLeads this practice
28+ YearsIn Pune's courts
SARFAESI · DRT · OTSMatters handled

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.

02The process, step by step

How a SARFAESI matter runs, and where a borrower can step in:

1

Demand notice

The bank serves notice under Section 13(2) after the account becomes an NPA, demanding the full dues.

Day 0
2

Objection window

Borrower may send a written representation under Section 13(3A); the bank must reply with reasons if it rejects it.

Within 60 days
3

Possession

Bank takes symbolic possession and publishes notice; physical possession usually needs an order of the CMM or District Magistrate.

After 60 days
4

DRT 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 days

03Documents 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

  1. You talk, we listen. Bring whatever papers you have, organised or not. There is no form to fill and nothing to prepare.
  2. We tell you where you stand — including the weaknesses in your position. An advocate who only tells you good news is not advising you.
  3. You get options, not pressure. Sometimes the honest answer is that you do not need to file anything yet.
  4. 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

Founder · Senior Advocate · Enrolled 1998

Leads this practice, appearing before Pune's courts since 1998.

07Frequently asked questions

Can a bank take my house without going to court?
Under the SARFAESI Act, a bank or financial institution can take possession of a secured asset without first filing a suit, after serving a 60-day demand notice. It does not apply to every loan — for example, agricultural land is excluded, and very small loans fall outside the Act. Whether it applies to your loan is the first thing to check.
What is DRT Pune, and do I have to go there?
The Debts Recovery Tribunal, Pune hears recovery claims by banks and financial institutions of ₹20 lakh and above, and borrowers' challenges to SARFAESI measures, for Pune and several surrounding districts. If the bank has filed against you there, or you want to challenge a possession or sale, that is where the case is heard.
My bank account has been frozen and I don't know why. What can I do?
Ask the bank in writing which authority requested the freeze and under what reference. Freezes are often made at the request of a police cyber cell investigating a transaction that passed through your account. Once the request is identified, release of the frozen amount, or of the untainted balance, can be sought from the investigating officer, the Magistrate, or the High Court.
Can recovery agents call me late at night or visit my family?
RBI rules require banks to ensure recovery agents do not harass or intimidate borrowers, and restrict calls to reasonable hours. Keep a record of every call and visit. A written complaint to the bank, and then to the RBI Ombudsman if unresolved, is the usual first step; serious intimidation can also be reported to the police.

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.

Areas Served

Bank Loan & SARFAESI Lawyer matters, across Pune

One chamber at Kasba Peth — clients from every corner of the city and PCMC. Consultations in person, on call, or over video.

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Talk to an advocate before you decide.

A confidential consultation costs you an hour and gives you the full picture — your options, timelines and rights.

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