Legal Services Disclaimer

1. Compliance with the Advocates Act, 1961 & BCI Regulations

This website and the materials contained herein are maintained by Loan Resolution India solely for the purpose of providing general borrower awareness, financial rehabilitation consultancy, and debt containment guidance. By accessing this website or communicating with our desk, you acknowledge and confirm that:

• You are seeking information about debt resolution and borrower defense of your own free volition and initiative.
• There has been no advertisement, personal communication, solicitation, invitation, or inducement of any sort whatsoever from Loan Resolution India or any of its team members to solicit legal work through this platform.
• No material on this portal is intended to create, nor will it create, an advocate-client relationship between you and Loan Resolution India.

2. Non-Law Firm Platform Status

Loan Resolution India is a private debt-resolution consulting enterprise and borrower rights advocacy organization. We are NOT a law firm, nor do we operate as an incorporated legal practice.

Our in-house capabilities encompass financial audit, cash-flow restructuring, One-Time Settlement (OTS) proposal drafting, and liaison with bank recovery officers. We do not practice law as a corporate body, which is strictly prohibited under the Advocates Act, 1961.

3. Absence of Advocate-Client Relationship via Website

Engaging with Loan Resolution India through any of the following actions does NOT establish an advocate-client relationship:

• Visiting, browsing, reading, or sharing information from this website.
• Submitting a consultation request, inquiry form, or WhatsApp message to our advisory desk.
• Submitting loan account copies, CIBIL reports, or demand notices for preliminary assessment.
• Enrolling in the Borrower Protection Membership (₹499 program fee), which covers financial auditing and administrative containment services.

4. Role of Independent Empanelled Advocates

Where your case involves formal litigation, dispute defense, or tribunal representation, such legal services are handled exclusively by independent, licensed legal practitioners:

• Empanelled Network: We maintain professional working associations with practicing advocates registered with State Bar Councils across various High Courts and Debt Recovery Tribunals (DRT) in India.
• Execution of Vakalatnama: Any formal court appearance, filing of applications, or judicial pleadings requires the direct execution of a Vakalatnama or formal legal appointment between you (the client) and the assigned independent advocate.
• Professional Privilege: Advocate-client confidentiality and statutory privilege under Sections 126 to 129 of the Indian Evidence Act, 1872 attach directly and solely to communications exchanged between you and the advocate holding your Vakalatnama.

5. SARFAESI Act, 2002 Specific Disclaimers

Regarding proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act):

A. Section 13(2) Demand Notices & Section 13(3A) Objections

Upon receipt of a 60-day demand notice under Section 13(2), borrowers possess the statutory right under Section 13(3A) to submit a formal representation or objection to the secured creditor. Our team assists borrowers in articulating financial distress and challenging unlawful penal calculations. However, the secured creditor retains the statutory duty to examine the objection and communicate reasons for non-acceptance within 15 days.

B. Section 13(4) Possession & Section 14 DM/CMM Orders

When a bank issues symbolic possession notices under Section 13(4) or files an application before the Chief Metropolitan Magistrate (CMM) or District Magistrate (DM) under Section 14 for taking physical possession of secured assets:

• Neither Loan Resolution India nor any private consultant has the lawful authority to physically obstruct, defy, or prevent the execution of a lawful order issued by an Executive Magistrate or Court Receiver.
• The lawful remedy available to a borrower aggrieved by measures under Section 13(4) or Section 14 is to file a Securitisation Application (SA) under Section 17 of the SARFAESI Act before the jurisdictional Debt Recovery Tribunal (DRT).
• No stay or injunctive relief can be guaranteed; obtaining interim protection is subject entirely to the judicial discretion of the Presiding Officer of the DRT upon prima facie satisfaction of procedural irregularities by the bank.

6. Debt Recovery Tribunal (DRT) & High Court Writ Petitions

For litigations pending before the Debt Recovery Tribunal (DRT), Debt Recovery Appellate Tribunal (DRAT), or High Courts under Article 226/227 of the Constitution of India:

• All filings are drafted and presented strictly by empanelled legal counsel enrolled with the appropriate Bar Council.
• Under Section 18 of the SARFAESI Act, any appeal preferred by a borrower before the DRAT mandates a statutory pre-deposit of 50% (reducible to a minimum of 25% at the discretion of the Appellate Tribunal) of the debt amount claimed. Borrowers must evaluate these statutory liquidity requirements when planning litigation.
• High Courts routinely decline to entertain Article 226 writ petitions where an efficacious alternative statutory remedy exists before the DRT under Section 17, in line with established Supreme Court jurisprudence.

7. Recovery Agent Harassment Disclaimers

Our anti-harassment services operate strictly within the bounds of lawful administrative and consumer advocacy:

• We rely on the RBI Master Circular on Recovery Agents and the Fair Practices Code, which strictly forbids debt collection agencies from using intimidation, abusive language, public shaming, or unpermitted visits outside 08:00 AM to 07:00 PM.
• Our desk issues formal cease-and-desist notices and routes escalations to Principal Nodal Officers, the Banking Ombudsman, and law enforcement.
• We are NOT a private enforcement agency, security contractor, or physical force. In cases of imminent bodily harm, physical assault, or trespass by anti-social collection agents, borrowers are advised to dial emergency police helpline (112) immediately.

8. Section 138 NI Act (Cheque Bounce) & Criminal Summons

Disputes relating to Section 138 of the Negotiable Instruments Act, 1881 or Section 25 of the Payment and Settlement Systems Act, 2007 (NACH ECS bounce) are criminal proceedings of a quasi-civil nature:

• Failure to answer statutory demand notices within 15 days of receipt may result in the filing of a criminal complaint before a Judicial Magistrate.
• Ignoring court summons can lead to the issuance of Bailable Warrants (BW) or Non-Bailable Warrants (NBW).
• Consultancy advice does not replace mandatory court appearances. When criminal summons are issued, appearance through an empanelled criminal defense advocate for securing bail and compounding the offense is mandatory.