Senior Counsel Column · Unified Chambers
Subodh Bajpai
Advocate · Senior Partner, Unified Chambers and Associates
Practising before the Delhi High Court · National practice across all 39 Debt Recovery Tribunals
Bar Council of Delhi · Enrollment D/3264/2025
“A borrower's rights under SARFAESI begin the moment a Section 13(2) notice arrives — not the day the secured creditor moves to take possession.”
Education
MBA Finance, XLRI Jamshedpur (2023-25)
LLM, LLB · University of Delhi
MA Political Science · Delhi University
Featured in
Forbes India · Entrepreneur Magazine
Moneycontrol · LiveMint · Outlook
Hindustan Times · Fortune India
Practice
Areas of Expertise
Six core practice domains with a national footprint across India's recovery and insolvency tribunals.
SARFAESI Act 2002
SARFAESI Enforcement
Section 13(2) demand notices, 13(4) measures, Section 17 DRT appeals, and challenges to symbolic / physical possession proceedings.
IBC 2016
Insolvency & Bankruptcy
Corporate CIRP under Section 7/9, personal guarantor insolvency under Part III (Sections 94-100), and resolution-plan negotiations before NCLT.
RDDB Act 1993
DRT / DRAT Proceedings
Recovery proceedings before all 39 Debt Recovery Tribunals, DRAT appeals (50% deposit requirement), and writ remedies before the High Courts.
Companies Act 2013 + IBC
NCLT / NCLAT
Corporate matters under Section 230-232 schemes, oppression and mismanagement petitions, and IBC resolution-plan approvals.
FEMA 1999
FEMA & Cross-Border
FEMA opinions for NRI clients on capital-account transactions, repatriation, LRS limits, and DTAA-treaty interactions.
RBI Master Directions
Banking & Recovery
RBI compromise-settlement guidelines, OTS negotiations, NPA classification challenges, and prudential-norm compliance disputes.
The Column
Recent Writing
- 01Protection of Women from Domestic Violence Act 2005|8h ago|11 min read
When Does a Live-In Relationship Get Domestic Violence Act Protection? The Eight-Factor Test From Indra Sarma
The Supreme Court in Indra Sarma (2013) held not every live-in is a relationship in the nature of marriage under Section 2(f) PWDVA 2005. The eight-factor test explained.
- 02FEMA (Remittance of Assets) Regulations, 2016|12h ago|11 min read
The USD 1 Million Scheme Explained: How NRIs Remit Sale Proceeds and NRO Balances Abroad Under FEMA
NRIs and PIOs may remit up to USD 1 million per financial year from NRO balances and asset sale proceeds under FEMA's Remittance of Assets Regulations 2016. Here is how the cap, TDS and DTAA interact.
- 03SARFAESI Act 2002 / RDDB Act 1993|14h ago|11 min read
Transcore: Why a Bank Can Run a DRT Recovery Suit and SARFAESI Seizure at the Same Time
The Supreme Court's 2006 Transcore ruling lets banks run a DRT recovery suit and SARFAESI seizure together. Here is the statute, the procedure, and the defences that actually work.
- 04Transfer of Property Act 1882|1d ago|11 min read
Why a GPA or 'Power of Attorney Sale' Does Not Make You the Owner: The Suraj Lamp Warning Every Property Buyer Needs
The Supreme Court's Suraj Lamp judgement of 11 October 2011 holds that a GPA, agreement to sell and Will do not transfer property title; only a registered deed under Section 54 conveys ownership.
- 05FEMA (Non-Debt Instruments) Rules, 2019|1d ago|11 min read
Selling Your Indian Flat as an NRI: The Two-Property Repatriation Cap and Permitted Payment Channels
An NRI can repatriate the sale proceeds of only two residential properties. Here is how FEMA, Section 195 TDS at 12.5%, and Forms 15CA/15CB decide what leaves India.
- 06SARFAESI Act, 2002 — Sections 13, 14, 17|1d ago|11 min read
When the Magistrate Hands the Bank Your Keys: Section 14 SARFAESI and Your Section 17 Remedy
A Section 14 SARFAESI possession order is signed by a Magistrate, not a judge. Noble Kumar (2013) confirms it is administrative — and your Section 17 DRT remedy survives.
- 07Real Estate (Regulation and Development) Act 2016|2d ago|11 min read
Stuck With a Delayed Flat? Imperia Structures Confirms You Can Use RERA and Consumer Courts Both
In Imperia Structures v. Anil Patni (AIR 2021 SC 70), the Supreme Court held a delayed-flat buyer may use both RERA and the consumer courts. Here is what the 2 November 2020 judgement means for you.
- 08FEMA Master Direction on Acquisition or Transfer of Immovable Property|2d ago|10 min read
What an NRI or OCI Can and Cannot Buy: FEMA Rules on Acquiring Immovable Property in India
An NRI or OCI may buy any Indian property except agricultural land, plantation or a farm house. Here is the FEMA, capital-gains, DTAA and repatriation rulebook for 2026.
- 09SARFAESI Act 2002, Section 17|2d ago|11 min read
Hindon Forge: Why You Can Challenge the Bank at the Possession-Notice Stage, Not Just Eviction
After Hindon Forge (Supreme Court, 1 November 2018), a borrower can move the DRT under SARFAESI Section 17 at the symbolic possession-notice stage, within 45 days — not only after physical eviction.
- 10Hindu Succession Act 1956|3d ago|11 min read
Daughters Are Coparceners By Birth: How Vineeta Sharma Settled Equal Inheritance Rights in Hindu Joint Family Property
Vineeta Sharma v. Rakesh Sharma (2020) held a Hindu daughter is a coparcener by birth under Section 6 HSA 1956, with rights equal to a son, even if the father died before 9 September 2005.
- 11FEMA (Foreign Currency Accounts by a Person Resident in India) Regulations, 2015|3d ago|10 min read
Coming Home for Good: Converting NRE and FCNR Balances to an RFC Account When You Become a Resident Again
Returning to India for good? RBI rules let you move NRE and FCNR(B) balances into a Resident Foreign Currency account, with RNOR-era tax exemption on the interest. Here is how it works.
- 12SARFAESI Act 2002, Sections 13, 17, 18, 34|3d ago|12 min read
Mardia Chemicals: How the Supreme Court Saved Borrower Rights While Upholding SARFAESI
On 8 April 2004 the Supreme Court upheld the SARFAESI Act but struck down its 75% pre-deposit, forcing Section 13(3A) into law. Here is the borrower defence playbook it created.
The Firm
Unified Chambers and Associates
India's debt-recovery focused law firm, operating across all 39 Debt Recovery Tribunals. Unified Chambers represents both lenders and borrowers in SARFAESI proceedings, IBC matters, NCLT cases, and cross-border FEMA opinions.
Engagement
For consultation on a SARFAESI notice, DRT proceeding, IBC matter, or cross-border FEMA question, write to the editorial desk and we will connect you to Unified Chambers.
Request a ConsultationAll articles in the Senior Counsel Column are written by Subodh Bajpai and reviewed by Oquilia's editorial desk against primary regulatory materials. Citations are verified against indiankanoon.org, indiacode.nic.in, and rbi.org.in. Found a factual error? Tell the editor.