Whenever a company borrows money against its assets (mortgage/hypothecation), it must register the security charge with ROC via Form CHG-1 within 30 days.
Commercial Finance
Advising on syndicated loans, project finance, debt restructuring, and banking transactions.
Business Law
Advising on syndicated loans, project finance, debt restructuring, and banking transactions.
Commercial finance transactions require precise legal structuring of loan facilities, security creation, inter-creditor agreements, and regulatory compliance under RBI guidelines.
Bail & Trial represents corporate borrowers, banks, NBFCs, and private debt funds in commercial financing deals, term loan documentation, debt restructuring, and SARFAESI security enforcement.
Commercial Banking & Debt Structuring
Legal counsel for corporate borrowing, loan facility agreements, and security creation.
- Term Loan & Credit Agreements
- Mortgages & Charge Creation (ROC)
- SARFAESI & DRT Defense
Our Expertise
Our Expertise in Commercial Finance
Structuring complex debt transactions and managing banking litigation.
Loan Facility & Security Documentation
Drafting and reviewing corporate debt and credit facility agreements.
- Syndicated term loan agreements
- Hypothecation deeds & share pledges
- ROC Form CHG-1 charge filings
Banking & DRT Litigation
Litigating debt recovery actions before Debt Recovery Tribunals (DRT).
- SARFAESI Sec 17 petitions against bank auction
- DRT Original Applications (OA) defense
- One-Time Settlement (OTS) negotiations
Dispute Resolution
Navigating Finance & Debt Recovery
Legal solutions for corporate borrowers and institutional lenders.
Option 01
SARFAESI Section 17 Applications
Filing SA petitions before DRT to stay bank property auction notices.
Option 02
OTS Negotiation
Structuring compromise settlements with bank NPA committees.
Option 03
RBI Debt Restructuring
Advising on RBI prudential framework for resolution of stressed assets.
What We Do
Services for Borrowers & Lenders
Complete legal lifecycle management for commercial loans.
Project & Equipment Finance
Structuring debt for infrastructure, real estate, and industrial projects.
Working Capital & Line of Credit
Drafting hypothecation agreements for working capital facilities.
Mezzanine & Venture Debt
Structuring venture debt agreements for high-growth startups.
Charge Modification & Satisfaction
Filing Form CHG-4 for NOC and charge satisfaction at ROC.
Common Matters
Key Financing Elements
Critical aspects of commercial debt creation.
ROC Charge Creation (Sec 77)
Failure to register charge with ROC within 30 days renders security void against liquidators.
SARFAESI Statutory Notices
Banks must issue 60-day Sec 13(2) notice and 30-day auction notice before selling assets.
Pari Passu Charge Sharing
Inter-creditor agreements establishing security sharing among multiple lending banks.
Our Process
Our Transaction & Litigation Steps
How we execute finance deals and defend recovery actions.
1
Business Model & Risk Review
Deep assessment of operational workflows, transaction exposure, and commercial rights for Commercial Finance.
2
Contractual & Compliance Diligence
Analyzing regulatory requirements, indemnities, liability ceilings, and intellectual property protections.
3
Drafting & Strategic Structuring
Drafting comprehensive commercial instruments, transaction deeds, and compliance policies.
4
Regulatory Filings & Notifications
Submitting necessary representations, applications, and filings before relevant regulatory boards.
5
Commercial Negotiation & Advocacy
Representing business interests in dispute resolution, deal negotiations, and tribunal forums.
6
Final Closing & Ongoing Shield
Final closing of commercial transactions, decree execution, and long-term legal protection.
Why Choose Us
Why Choose Us for Commercial Finance
Deep expertise in banking regulations and DRT tribunal litigation.
DRT Stay Records
High success rate obtaining interim stays on illegal SARFAESI bank auctions.
Banking Practice Knowledge
Strong experience negotiating One-Time Settlements (OTS) with lenders.
Have Questions?
FAQ about Commercial Finance
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What is ROC Charge Creation under Section 77 of the Companies Act?
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Can a borrower challenge a bank SARFAESI auction notice?Yes. Borrowers can file a Securitisation Application (SA) under Section 17 of the SARFAESI Act before the Debt Recovery Tribunal (DRT) to challenge procedural illegalities in bank auction notices.
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What is a One-Time Settlement (OTS)?An OTS is a negotiated agreement where a lending bank agrees to accept a lump-sum payment (usually lower than total principal + interest) to fully discharge an NPA account.
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What is the importance of a dispute resolution clause in commercial contracts?A structured dispute resolution clause specifies whether conflicts will be resolved through negotiation, mediation, arbitration, or specific court jurisdiction, avoiding venue disputes.
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How can businesses protect their confidential trade secrets under Indian law?Trade secrets are protected through enforceable Non-Disclosure Agreements (NDAs), restrictive covenants in service contracts, and civil breach of confidence lawsuits.
Book a Consultation
Book a Consultation
Speak with our legal experts for personalized advice and strategic representation.
Book an Appointment
Schedule your initial legal consultation with our team.