YOGESH PHAPALE
Bachelor of Legislative Law
Dombivali
Summary
Dedicated Legal professional with a history of meeting company goals utilizing consistent and organized practices. Skilled in working under pressure and adapting to new situations and challenges to best enhance the organizational brand.
Overview
13
13
years of professional experience
8
8
years of post-secondary education
1
1
Language
Work History
Assistant Vice President
HDFC Bank Limited
02.2019 - Current
- State head for Mumbai which includes districts of Thane, Vasai, Palghar, Panvel, Navi Mumbai, Alibaug, managing litigation portfolio with team of 7 legal managers and 3 legal officers
- Preparing strategies, planning and managing all legal functions of bank including NPA management, litigations and recovery from bad debts
- Also responsible for handling end to end Legal issues of company like Compliance, legal correspondences, Consumer matters, Fraud related actions
- Anticipate and identify legal issues of concern to senior management team and develop legal strategies and solutions, often in situations of high risk with limited time for assessing alternatives
- Identification of Delinquent accounts and early initiation of appropriate legal measures and supports to collection team to reduce delinquency of unsecured loans
- Attending courts hearing of critical cases filed specially before DRT/DRAT/High Court/NCLT/Civil & Criminal Courts/Consumer Commission
- Issuance notice u/s 13(2) of SARFAESI act, taking symbolic possession of mortgaged property, filling application u/s 14 of SARFAESI Act before appropriate Court for taking physical possession of mortgage property, Execution of order passed under Sec.14 of act and conducting auction proceedings to sale of possessed property for secured loans
- Handle Litigation filed by & against the Bank
- Drafting and finalizing of replies to legal notices
- Represent Company and/or senior executives and managers in legal proceedings and/or supervise such representation.
- Co-ordination with different departments to procure case related facts/details.
- Follow up and co-ordination with Lawyers regarding status of cases
- Vetting reply/written statement in response to Cases received against Company
- Provide legal opinion, fact finding of cases and finalization of replies to Consumer Complaint and share trend analysis for management review and ensuring zero arrest warrants against officials of Company
- Handle legal queries received from other departments of organization
- Support in regulatory compliance matters as and when required
- Empanelment of Advocates and execution agencies, coordinating with external counsels / advocates on record for update on matters attended.
- Aligned organizational objectives with company mission to increase business growth and integrate work strategies
Manager
Reliance Commercial Finance Limited (RCFL)
04.2017 - 01.2019
- Identification of NPA accounts with help of collection team and initiation of SARFAESI action by issuance of notice u/ s 13(2) of act, taking symbolic possession of property, filling necessary application under sec.14 of Act before appropriate Court for taking physical possession of mortgage property, Execution of order passed under Sec.14 of act and conducting auction proceedings to sale of possessed property
- Initiation and filing of application on behalf of Company to initiate corporate insolvency resolution process under provisions of IBC code before National Company Law Tribunal
- Submission of Claim Form along with supporting documents before interim resolution professional and attending COC meetings before interim resolution professional to safeguard claim of company
- Identification of eligible accounts and initiation of proceedings under Sec.138 of N.I. Act before various Courts on behalf of Company
- Also represent company in arbitration proceedings initiated against delinquent borrowers before sole arbitrator and Execution of awards by filing Execution proceedings before appropriate Courts
- Handling cases and maintaining MIS for cases filed by borrowers challenging SARFAESI action initiated by company to enforce security
- Supervision and close monitoring of cases filed by company at PAN India, also maintaining and reviewing of monthly Litigation MIS to keep track of correct status of cases
- Opinion on critical cases for alternative remedies, amicable settlement, Negotiations and preventive litigation, cost effective pre litigation strategies
- Drafting of Legal Notice, Reply of Legal Notices and customer complaints, representations and replies for statutory authorities requiring legal advice and assistance.
- Vetting of draft, provide customized drafts and drafting/ vetting correspondence, deed, terms of settlement.
- Attending courts, Police Stations, tribunals on behalf of company to safeguard interest of company
- Authorized for permitting Branches to file Recovery Suits/ miscellaneous suits after vetting of relevant documents
- Empanelment of Advocates, Coordinating with counsels/advocates on record for update on matters attended
- Revert to Customer Services issues and Queries within specified Turnaround time.
- Accomplished multiple tasks within established timeframes
- Resolved staff member conflicts, actively listening to concerns and finding appropriate middle ground
- Maximized performance by monitoring daily activities and mentoring team members
Assistant Manager
Dewan Housing Finance Corporation Pvt. Limited (DHFL)
09.2014 - 04.2017
- Identification of NPA accounts with help of collection team and initiation of SARFAESI action by issuance of notice u/ s 13(2) of act, taking symbolic possession of property, filling necessary application under sec.14 of Act before appropriate Court for taking physical possession of mortgage property, Execution of order passed under Sec.14 of act and conducting auction proceedings to sale of possessed property
Initiation and filing of application on behalf of Company to initiate corporate insolvency resolution process under provisions of IBC code before National Company Law Tribunal
Submission of Claim Form along with supporting documents before interim resolution professional and attending COC meetings before interim resolution professional to safeguard claim of company
Identification of eligible accounts and initiation of proceedings under Sec.138 of N.I. Act before various Courts on behalf of Company
Also represent company in arbitration proceedings initiated against delinquent borrowers before sole arbitrator and Execution of awards by filing Execution proceedings before appropriate Courts
Handling cases and maintaining MIS for cases filed by borrowers challenging SARFAESI action initiated by company to enforce security
Supervision and close monitoring of cases filed by company at PAN India, also maintaining and reviewing of monthly Litigation MIS to keep track of correct status of cases
Opinion on critical cases for alternative remedies, amicable settlement, Negotiations and preventive litigation, cost effective pre litigation strategies
Drafting of Legal Notice, Reply of Legal Notices and customer complaints, representations and replies for statutory authorities requiring legal advice and assistance.
Vetting of draft, provide customized drafts and drafting/ vetting correspondence, deed, terms of settlement.
Attending courts, Police Stations, tribunals on behalf of company to safeguard interest of company
Authorized for permitting Branches to file Recovery Suits/ miscellaneous suits after vetting of relevant documents
Empanelment of Advocates, Coordinating with counsels/advocates on record for update on matters attended
Revert to Customer Services issues and Queries within specified Turnaround time.
Associate Advocate
M/s D.H. Law Associates
09.2011 - 08.2014
- Handled cases, assignments, documentations and other professional works for and on behalf of different Bodies, individual Clients, Organizations, Statutory Authorities / Bodies & other leading corporate companies and assisting in drafting and vetting of Appeal, Suit, Writ, Notice, Reply to Notice, Lease Agreement, Leave and License Agreement, Indemnity, POA and vetting of legal documents
- Attending, appearing and defending before High Court on behalf of clients such as Hindustan Coca Cola Private Limited, Wanbury, Bharti Airtel, Vodafone, Indus Tower, Cargill Foods, Air France, Citicorp Finance etc
- Appeared in Civil matters at Senior Division & Junior Division at Thane in various suits like Specific Performance Suit, maintaining status – quo, Ex-parte proceedings, Misc. Civil Application and Misc Day-to-day Application which is as and when required etc.
- Appeared in Criminal matters for regular Bail, Misc Application, furnishing sureties in JMFC, Metropolitan Court at Mumbai
- Handling cases related to section 138 of N. I. Act from drafting & sending Notice till Final Argument
- Handling Civil matters at City Civil Court at Mumbai & Dindoshi including Notice of Motion, Chamber summons, Misc. Application, Civil Application.
- Handling and Appearing before Motor Accident Tribunal at CSMT and Mumbai
- Appeared before District Consumer Forums at Bandra, Thane and State Commission at Mumbai
- Attended various police stations for purpose of enquiry, investigation, recording of Statement & lodging of police complaint/FIR.
- Participated in professional development initiatives for consistent improvement and up-to-date knowledge of emerging trends and best practices
Advocate
M/s. M.V. Kini & Co.
11.2010 - 09.2011
- Preparing and drafting Notices under section 13(2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act,2002
- Preparing and drafting Application under section 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act,2002
- Drafting & Filing complaint against defaulter u/s 138 of Negotiable Instrument Act and u/s 25C of Payment and Settlement Acts in various Magistrate Courts
- Attending, appearing and defending on behalf of complainant such as Standard Chartered Bank, Barclays Bank, Shah Finlease Pvt Limited, Canara Bank, Royal Bank Of Scotland, ICICI Bank, HSBC Bank, HDFC Bank.
- Preparing and drafting various Correspondences, Legal Notices, Complaints and Affidavit, Notices u/ s 138 of Negotiable Instrument Act and 406 & 420 of Indian Penal Code
- Conducted and attended Pre-litigation and litigation Lok Adalat on various occasion.
Education
Bachelor of Law -
Siddharth Law College, Mumbai University
Mumbai 07.2006 - 11.2010
Bachelor of Commerce - Accounting
Swami Vivekanand Collage
Dombivali 06.2001 - 11.2004
Skills
Litigation & DocumentationStrong analytical skills
Legal operations
Good judgment enabling provision of sound advice in difficult areas of law, regulation, practice
Proactive management of compliance and regulatory risk
Personal Information
- Father's Name: Mr. Vitthal Haribhau Phapale
- Date of Birth: 09/08/1983
- Nationality: Indian
- Marital Status: Married
Timeline
Assistant Vice President
HDFC Bank Limited
02.2019 - Current
Manager
Reliance Commercial Finance Limited (RCFL)
04.2017 - 01.2019
Assistant Manager
Dewan Housing Finance Corporation Pvt. Limited (DHFL)
09.2014 - 04.2017
Associate Advocate
M/s D.H. Law Associates
09.2011 - 08.2014
Advocate
M/s. M.V. Kini & Co.
11.2010 - 09.2011
Bachelor of Law -
Siddharth Law College, Mumbai University
07.2006 - 11.2010
Bachelor of Commerce - Accounting
Swami Vivekanand Collage
06.2001 - 11.2004