Legal Insights · Debt Recovery · DPDP Compliance · India

Legal Insights &
Practice Guides

Procedural guides, case analysis, and regulatory commentary on debt recovery law and DPDP compliance — authored by Advocate Subodh Bajpai, Unified Chambers and Associates.

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25
CRIMINALArticleMay 2026

Section 45 PMLA Bail After Vijay Madanlal — The Realistic Strategy

Section 45 PMLA twin-test bail framework after Vijay Madanlal Choudhary v. UoI (2022). Why PMLA Special Court rarely grants. Realistic Delhi HC and Supreme Court SLP strategy. Antil framework applied.

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CRIMINALArticleMay 2026

Pankaj Bansal Written Grounds of Arrest — A Defence Checklist

Pankaj Bansal v. UoI (2024) requires written grounds of arrest under Section 19 PMLA and Section 47 BNSS. Four-point defence checklist, Article 226 habeas corpus route, parallel-track strategy with Section 45 bail.

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CRIMINALArticleMay 2026

Section 17A PC Act — When Approval Is Mandatory and How to Quash Without It

Section 17A Prevention of Corruption Act 1988 — mandatory prior approval for investigation of public servants. Yashwant Sinha v. CBI framework. Quashing route under Section 528 BNSS / Bhajan Lal category 4.

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DPDPArticleApril 2026

DPDP Rules 2025 Notified — Complete Analysis of G.S.R. 846(E)

Tiered commencement schedule, Rule 3 consent notice anatomy, Rule 6 security safeguards, Rule 7 72-hour breach window, Schedule I Consent Manager, Schedule III retention — every provision verified against the official Gazette.

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DPDPArticleApril 2026

RBI-DPDP Retention "Conflict": Section 8(7) Resolves It

The supposed RBI KYC vs DPDP erasure conflict does not exist. Section 8(7) parent clause and Illustration II expressly carve out legal-retention obligations. A complete reconciliation for banks and NBFCs.

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DPDPArticleApril 2026

DPDP Readiness Framework — 40-Point Assessment for Banks & NBFCs

A structured 8-dimension, 40-criterion self-assessment methodology for Indian financial institutions. 200-point scoring rubric, SDF obligations, and gap analysis ahead of 13 May 2027 enforcement.

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NI ActArticleJanuary 2026

Section 138 NI Act Cheque Bounce — Complete Procedure Guide 2026

Demand notice drafting, jurisdiction (Dashrath Rathod rule), complaint filing, Section 143A interim compensation, trial, conviction, and enforcement.

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DRTArticleJanuary 2026

DRT Original Application — Complete Filing Guide 2026

How to file an O.A. at DRT, simultaneous Section 19(7) attachment, guarantor strategy, limitation auditing, Recovery Certificate, and execution.

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SARFAESIArticleFebruary 2026

SARFAESI Section 13(2) Demand Notice — Complete Drafting Guide

Every mandatory content requirement, five common defects that void enforcement, correct service procedure, dual-track SARFAESI + DRT strategy, and strategic drafting advice.

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OTSArticleMarch 2026

One-Time Settlement (OTS) — Legal Framework for Banks, NBFCs & Borrowers

RBI prudential framework, board-approved OTS policy, IRAC implications, NCLT/DRT settlement orders, and negotiation strategy for high-value stressed loan accounts.

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DRTArticleMarch 2026

DRAT Appeal & Stay Order — Procedure Guide

45-day limitation, the 75% pre-deposit under Section 21 RDDB Act, stay applications, DRAT powers, and post-DRAT High Court jurisdiction.

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DRTArticleFebruary 2026

How to File a DRT Case in India — Complete Guide

Step-by-step Original Application drafting — jurisdiction, limitation, documents, court fees, and recovery strategies for institutional creditors.

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DRTArticleApril 2026

Recovery Certificate Execution — DRT Procedure

Section 19(22) issuance, Recovery Officer powers, attachment, Section 28 sale, and Section 30 appeal — practical execution playbook.

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SARFAESIArticleMarch 2026

SARFAESI Section 14 — CMM/DM Application for Physical Possession

Section 14 application before the CMM/DM for physical possession of secured assets — procedure, documents, 30-day timeline, and Section 17 challenges.

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IBCArticleMarch 2026

IBC Section 95 — Personal Guarantor Insolvency

Lalit Kumar Jain SC framework, Section 96 interim moratorium, guarantor defence strategy, and NCLAT appeal route in personal-guarantor matters.

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DPDPArticleApril 2025

DPDP Act Penalties — Complete Guide to Fines Up to Rs.250 Crore

Every Schedule penalty tier — Section 8(5), 8(6), 9, 10, 15, 32, and the Sl.7 catch-all — with triggers, scenarios, and Data Protection Board procedure.

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DPDPArticleApril 2025

DPDP Compliance Checklist — 12-Step Guide for Indian Companies

Data mapping, consent architecture, breach notification, DPO appointment, and vendor audits — a structured compliance roadmap.

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DPDPArticleApril 2025

DPDP Compliance Cost — Corporate Budget Guide

Realistic cost ranges from SME to large bank — DPO compensation, consent platform, data mapping, legal counsel, training, audit, and insurance.

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DPDPArticleApril 2025

Significant Data Fiduciary — Section 10 Obligations

SDF criteria under Section 10, who qualifies, DPO appointment, data audits, DPIA, and the additional obligations the Schedule attaches to SDF status.

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DPDPArticleApril 2025

DPDP vs GDPR — 10 Key Differences for Indian Companies

Consent mechanisms, penalty structures, cross-border transfer rules, DPO requirements, children's data thresholds, and rights frameworks compared side-by-side.

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DPDPArticleApril 2025

Data Breach Notification India — The 72-Hour Rule

CERT-In 6-hour rule, DPDP Board notification, the expected 72-hour timeline, and the cumulative penalty exposure of Rs.250 + Rs.200 crore for a single incident.

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DPDPArticleApril 2025

Consent Management Under DPDP — Section 6 Requirements

Section 6 specific informed consent, Section 5 notice anatomy, granular consent, withdrawal mechanics, children's consent (Section 9), and the Consent Manager role.

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DPDPArticleApril 2025

DPB Penalty Orders — What to Expect & Prepare For

Likely first targets, the Data Protection Board adjudication procedure, mitigation arguments, and a defence strategy framework for the early enforcement wave.

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DPDPArticleApril 2025

RBI AI Guidelines for Banks — 2025 Briefing

RBI Master Direction on IT Governance, responsible-AI principles, credit-scoring and fraud-detection use cases, and the DPDP rights overlay.

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DPDPArticleApril 2025

India AI Governance Bill — Prepare Now

MeitY advisory framework, IT Act amendments, EU AI Act parallels, and sectoral regulations from RBI, SEBI, and IRDAI ahead of comprehensive AI legislation.

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Procedural Guides & FAQs
7
DRTFebruary 2026

DRT Proceedings — Complete FAQ Guide for Banks and NBFCs

Original Applications, interim relief under Section 19(7), Recovery Certificate execution, and DRAT appeals answered comprehensively.

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SARFAESIFebruary 2026

SARFAESI Enforcement — Complete FAQ Guide for Secured Creditors

Step-by-step SARFAESI enforcement guide — Section 13(2) demand notices, possession, Section 14 CMM/DM, e-auction, and Section 17 DRT challenges.

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Case LawFebruary 2026

Mardia Chemicals v Union of India — SARFAESI Constitutionality Upheld

Full analysis of the landmark 2004 Constitution Bench judgment that settled SARFAESI validity, Section 17 DRT remedy, and the 75% pre-deposit question.

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Case LawFebruary 2026

United Bank of India v Satyawati Tondon — No High Court Writ Against SARFAESI

How the Supreme Court shut down High Court writ petitions that bypassed DRT Section 17 remedy in SARFAESI enforcement matters.

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Case LawFebruary 2026

Essar Steel v Satish Kumar Gupta — Secured Creditors' Priority in IBC

Supreme Court's landmark 2019 IBC judgment on the primacy of secured financial creditors in resolution plans and the commercial wisdom of the CoC.

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NI ActFebruary 2026

Dashrath Rupsingh Rathod — Territorial Jurisdiction for Cheque Bounce

The landmark 2014 Supreme Court judgment that settled where Section 138 NI Act cheque bounce complaints must be filed across India.

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NPAFebruary 2026

NPA Recovery Strategy — Six-Track Framework for Institutional Creditors

The Unified Chambers six-track NPA recovery framework combining SARFAESI, DRT, NI Act, IBC, civil suit, and OTS simultaneously.

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Need legal advice on a specific matter?

Advocate Subodh Bajpai is available for direct consultations on debt recovery, DPDP compliance, DRT proceedings, SARFAESI, and IBC matters.

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