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Practice

Banking & Finance

Advice and representation for lenders, borrowers and guarantors in matters concerning stressed accounts, security and guarantees.

Our practice

The firm acts for lenders, and for borrowers and guarantors, in proceedings arising from stressed accounts. The work sits close to the insolvency practice, since recovery, enforcement of security and resolution under the Code often run side by side.

Matters handled

  • Original applications before the Debts Recovery Tribunals and appeals before the Debts Recovery Appellate Tribunal
  • Proceedings under the SARFAESI Act, 2002, including applications under Section 17
  • Enforcement of guarantees, including proceedings against personal guarantors
  • One-time settlements and restructuring terms
  • Review of loan, security and guarantee documentation

Approach

Recovery, enforcement of security and insolvency are considered together, so that the choice of forum serves the commercial outcome the client seeks.

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