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Litigation In Banking

  • Writer: lead India
    lead India
  • Nov 25, 2023
  • 3 min read

The laws and rules that control the legal interactions between banks as a whole, between banks and their clients, and between other interested parties are collectively referred to as banking law.


A wide range of topics is unique to banks and banking law. Common law governs banking operations primarily and covers topics like the relationship between a bank and its customers, payment of checks and the obligations and protections of the paying banker, banker's lien, appropriation of payments, the banker's role as bailee, collection of checks and the obligations and protections of the collecting banker, electronic funds transfers, bankers' books, confidentiality, letters of credit and performance bonds, lending and security, guarantees, and freezing injunctions.

Among the tasks carried out by solicitors in banking Litigation are the following:

  • Advising Clients: Attorneys with a focus on banking and finance law offer their clients legal counsel on a range of topics about these fields. They assist clients in comprehending the legal matters about borrowing, investing, and lending.

  • Drafting and Reviewing Agreements: Attorneys draft and evaluate financial and banking agreements, including security and investment agreements as well as loan agreements. They safeguard the client's interests and make sure the agreements abide by all relevant laws and regulations.

  • Due Diligence: Before engaging in any banking or financing activities, solicitors carry out due diligence on behalf of their clients. To find any potential legal risks or obligations, the due diligence process entails a thorough analysis of the transaction's financial, legal, and regulatory components.

  • Compliance: Attorneys make sure their clients abide by all laws and rules about banking and finance. They keep an eye on modifications to the legal and regulatory landscape and counsel clients on any changes that might affect their company.

  • Dispute Resolution: Attorneys defend their clients in legal battles involving money and banking. In litigation, arbitration, or other kinds of dispute resolution, they support clients through the legal system and defend their interests.

  • Negotiation: In banking and finance transactions, solicitors bargain on behalf of their clients. They collaborate with the other parties to the deal to make sure their clients would benefit from the beneficial conditions.

A banking attorney may choose to specialize in taxation, investment banking, bankruptcy litigation, real estate finance, private equity, or other areas of law, or they may have a broad understanding of the finance sector. In essence, they are eligible to practice financial law if they have a bachelor's degree in law and have passed the State Bar Council exam.


However, as is well known in this enormously growing profession of banking, individuals who choose to pursue a career in this industry must possess a solid understanding of the financial system. One of the burgeoning legal profession paths is the banking industry.


Best Banking Lawyers in India

  • Executive Chairman Shardul S. Shroff is the head of the legal practice Shardul Amarchand Mangaldas & Co. He has advised several well-known banking clients, including the State Bank of India, ICICI Bank, and HDFC Bank. He is well known for his proficiency in banking and finance law.

  • Zia Mody founded AZB & Partners and serves as its managing partner. Her specialization lies in mergers and acquisitions and banking law. She has counseled several well-known banking clients, such as Citibank, Goldman Sachs, and Standard Chartered Bank.

  • The managing partner of the legal practice Cyril Amarchand Mangaldas is Cyril Shroff. He has advised several well-known banking clients, including the Reserve Bank of India, the State Bank of India, and ICICI Bank. He is well-known for his proficiency in banking and finance law.

  • The late Amarchand Mangaldas founded the legal practice Amarchand & Mangaldas & Suresh A. Shroff & Co. and was a well-known banking attorney. He was well-known for his proficiency in banking law and had counseled several well-known banking clients, such as the State Bank of India and the Reserve Bank of India.

  • At Fox Mandal, Som Mandal practices law as a senior partner. He is renowned for his proficiency in banking and finance law, having counseled several well-known banking industry clients, such as the State Bank of India, the Bank of Baroda, and the Bank of India.

A range of legal services, including online resources and free legal advice are offered by Lead India. You can talk to a lawyer here and ask legal questions.


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