SARFAESI, DRT & NCLT
From notice to recovery — the full tribunal track.
What this engagement covers
SARFAESI, DRT & NCLT, End-to-End.
Daily-court practice before Debt Recovery Tribunals, the NCLT and the High Courts on SARFAESI and IBC matters. We act for lenders pursuing enforcement and for borrowers defending classification, possession and resolution actions.
Our process
From First Call to Final Order
Confidential Intake
30-min discovery call on phone or Zoom. We confirm scope, urgency and fee on the same call.
Diligence & Strategy
Document review, record retrieval and a written strategy note — including timeline, risks and milestones.
Documentation & Filing
Drafting, apostille, Power of Attorney, registration and filing handled end-to-end by a named matter lead.
Representation
Court, tribunal, registrar or counterparty representation — with weekly written updates across time-zones.
Closure & Handover
Final order, registered deed or settlement, plus a sealed matter file and post-closure compliance calendar.
Why IndusGuard
Built for Matters That Cross Borders
One named matter lead
No call-centre, no hand-offs. A senior advocate owns your file end-to-end.
NRI desks across 8 countries
Overlapping US, UK, Gulf and APAC hours — apostille and POA built into every workflow.
Weekly written updates
Plain-language progress notes, secure document portal and milestone-based fees.
Pan-India bar coverage
Empanelled counsel across High Courts, NCLT, DRT and the Supreme Court of India.
Where we serve
A Global NRI Desk, Anchored in India.
We act for clients across 8+ countries and represent matters in every major Indian jurisdiction — High Courts, NCLT, DRT and the Supreme Court.
- United States
- Canada
- United Kingdom
- UAE
- Australia
- Singapore
- Germany
- Saudi Arabia
- Kolkata
- Mumbai
- Delhi NCR
- Bengaluru
- Chennai
- Hyderabad
- Pune
- Pan-India
Common questions
Before You Call
What is the SARFAESI process for a lender recovering a secured loan in India?+
The SARFAESI process begins with a demand notice under Section 13(2) giving the borrower 60 days to repay. If unpaid, the lender takes symbolic or physical possession of the secured asset under Section 13(4). The lender can then manage or sell the asset by public auction. The borrower has the right to file a Section 17 application before the DRT within 45 days of the possession notice.
How can a borrower challenge a SARFAESI action before the DRT?+
A borrower can file a Section 17 application before the Debt Recovery Tribunal within 45 days of receiving the possession notice. The DRT can stay the SARFAESI enforcement if prima facie grounds are made out. The borrower must typically deposit a percentage of the outstanding loan as a condition for the stay. DRT orders are appealable to the DRAT.
What is the CIRP process under the IBC and how long does it take?+
The Corporate Insolvency Resolution Process (CIRP) begins with an application by a financial creditor (Section 7) or operational creditor (Section 9) before the NCLT. Once admitted, a moratorium is declared, an Insolvency Resolution Professional is appointed, and resolution plans must be submitted within 180 days (extendable to 330 days).
What is the minimum debt threshold for filing an IBC application?+
The minimum default amount for filing a corporate insolvency application under the IBC is Rs. 1 crore, as revised in 2020 from the original Rs. 1 lakh threshold. For personal insolvency and bankruptcy under Part III of the IBC, the minimum default threshold is Rs. 1,000.
Can a foreign creditor participate in an IBC resolution process in India?+
Yes. Foreign creditors can submit claims in the CIRP, participate in the Committee of Creditors, and submit resolution plans for the insolvent company subject to FEMA compliance. Foreign resolution applicants who are successful in acquiring the company through IBC must comply with applicable FDI sector restrictions and pricing norms.
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