Banking and Financial Disputes — Legal Representation

Practice Area

Banking and Financial Disputes — Legal Representation

Banking and financial institutions hold enormous power over the lives of ordinary citizens and businesses. They control your savings, your loans, your credit history, and your financial future. When they act unfairly — through wrongful loan recovery, unauthorized deductions, fraudulent transactions, mis-sold financial products, or procedural violations — the consequences can be devastating and far-reaching. At BS Makar Advocates & Solicitors, we represent individuals, small & big businesses, borrowers, guarantors, and fraud victims who are facing the full institutional weight of banks, NBFCs, and financial companies — and who need a firm that understands both the legal framework and the practical realities of fighting these battles. We do not send routine legal notices. We build cases that compel accountability.

Key Services

• Wrongful loan recovery and borrower harassment — legal challenge and injunctive relief
• SARFAESI Act proceedings — possession notices, auction challenges, and DRT representations
• Debt Recovery Tribunal (DRT) and Appellate Tribunal (DRAT) litigation
• NCLT and NCLAT proceedings under the Insolvency and Bankruptcy Code, 2016
• Banking Ombudsman complaints and RBI regulatory escalation
• Unauthorised deductions, account fraud, and forged documentation
• Guarantor rights — challenging liability imposed without proper legal process
• Loan fraud and identity theft — civil recovery and criminal proceedings
• Mis-sold financial products — ULIPs, fixed deposits, and structured investment schemes
• Consumer forum claims for banking deficiency, negligence, and financial loss
• Enforcement Directorate and Economic Offences Wing referrals in fraud cases

The Reality of Banking Disputes in India Today

India's banking and financial sector is governed by an extensive but complex regulatory framework — the Reserve Bank of India Act, the Banking Regulation Act, the SARFAESI Act, the Insolvency and Bankruptcy Code, and a web of RBI circulars and guidelines that banks are legally bound to follow but frequently disregard when it is commercially convenient for them to do so. Borrowers are harassed by recovery agents in violation of RBI guidelines. Guarantors are dragged into proceedings without proper notice. Accounts are frozen, properties are seized, and credit scores are destroyed — sometimes on the basis of clerical errors, procedural violations, or outright bad faith. When this happens, most victims believe they have no recourse. They are wrong.

Who We Represent

We act for a wide range of clients facing banking and financial disputes, including: individual borrowers facing wrongful loan recovery or harassment, guarantors who have been made liable without proper legal process, small, medium and large businesses facing asset seizure under SARFAESI, depositors who have suffered unauthorised deductions or account fraud, victims of loan fraud, forged documentation, and identity theft, companies facing insolvency proceedings or seeking resolution under the IBC, and investors defrauded through mis-sold financial products, Ponzi schemes, or fraudulent investment plans.

Debt Recovery Tribunal Proceedings

We represent both borrowers and creditors before Debt Recovery Tribunals (DRTs) and Debt Recovery Appellate Tribunals (DRATs) — challenging wrongful recovery certificates, filing counter-claims, and ensuring that procedural requirements are strictly enforced against banks that attempt to bypass due process.

SARFAESI Act Challenges

The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act gives banks significant powers — but those powers come with strict procedural obligations. We challenge unlawful possession notices, wrongful property auctions, and violations of borrower rights under SARFAESI before DRTs and High Courts.

NCLT and Insolvency Proceedings

We represent creditors and debtors before the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) in insolvency and bankruptcy proceedings under the Insolvency and Bankruptcy Code, 2016 — including filing and defending insolvency applications, participating in resolution processes, and protecting the rights of operational and financial creditors.

RBI Complaints and Banking Ombudsman

Where banks violate RBI guidelines on fair practices, recovery conduct, or customer service obligations, we file structured complaints with the RBI Banking Ombudsman and escalate to the Reserve Bank of India directly — creating a formal regulatory record that strengthens parallel legal proceedings.

Consumer Forum Litigation

Banking deficiencies — wrongful charges, failed transactions, mis-sold products, and negligent service — are fully actionable before consumer forums. We file and pursue claims before District, State, and National Consumer Commissions for recovery of losses, compensation, and punitive costs against institutions that treat customers as adversaries.

Criminal Proceedings

Where banking fraud involves forgery, identity theft, unauthorised disbursements, or criminal misappropriation, we initiate criminal proceedings including FIR filings, Economic Offences Wing complaints, and referrals to the Enforcement Directorate (ED) where the proceeds of fraud attract money laundering provisions under PMLA, 2002.

What Sets Our Approach Apart

Banking and financial disputes require more than legal knowledge — they require an understanding of how institutions think, how they delay, and how they attempt to overwhelm individual litigants with procedural complexity. We have spent years navigating exactly this terrain. We read every RBI circular, every SARFAESI notification, and every IBC amendment — not as academic exercises, but as practical tools to build stronger cases for our clients. When a bank violates a guideline, we cite it precisely. When a recovery agent crosses a line, we document it immediately. When an institution stonewalls, we escalate simultaneously across every available forum until the pressure becomes impossible to ignore. Our clients have included farmers whose land was wrongfully attached, small business owners whose accounts were frozen without notice, and senior citizens whose fixed deposits were tampered with by bank employees. Each of them was told at some point that nothing could be done. Each of them was wrong.

When You Need Legal Help

Contact us immediately if: your bank has issued a possession notice or initiated recovery proceedings against you, you have discovered unauthorised transactions, deductions, or charges in your account, a loan has been sanctioned or disbursed in your name without your knowledge or consent, you are a guarantor being pursued without the primary borrower being properly proceeded against, your credit score has been damaged by a wrongful default classification, you have been mis-sold a financial product that was misrepresented at the time of sale, or your business is facing insolvency proceedings or you wish to initiate them against a defaulting debtor. Do not wait for the situation to worsen. Banking disputes have strict limitation periods, and early legal intervention almost always produces better outcomes.