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Arclegal is a New Delhi law firm whose practice is centred on insolvency and restructuring. The firm represents creditors, resolution applicants, resolution professionals and homebuyers before the NCLT, the NCLAT and the Supreme Court, and also undertakes writ, commercial and advisory matters.
Insolvency and restructuring under the Insolvency and Bankruptcy Code, 2016 form the core of the firm’s practice. The firm advises and represents stakeholders at each stage, from the issuance of a demand notice to the final appeal.
The firm represents financial creditors from default to recovery, building each case on the loan record so that debt and default are established at the first hearing.
Operational claims frequently turn on the demand notice and on whether a dispute pre-existed it. The firm drafts the notice with the application under Section 9 in view.
The firm acts for resolution applicants from the expression of interest to the implementation of the approved plan, with diligence directed to what the plan must disclose and withstand.
The firm assists insolvency professionals with the applications and correspondence that the process requires, and in the recovery of value for the estate.
The insolvency of personal guarantors under Part III of the Code raises distinct questions of limitation, maintainability and the interim moratorium. The firm acts for creditors and for guarantors.
Allottees are financial creditors under the Code. The firm represents homebuyers and their associations in insolvency and completion proceedings concerning stalled projects.
For corporate debtors and promoters, the early stages are often decisive. The firm acts at the stage of admission, in settlement, and in challenges to orders passed in the process.
In addition to its insolvency practice, the firm undertakes writ, commercial and advisory work for businesses, lenders and homebuyers.
Writ petitions before the Supreme Court and the High Courts against action by the State, public authorities and regulators.
Drafting, review and vetting of commercial agreements and transaction documents.
Recovery of money and enforcement of commercial claims.
Advice and representation for lenders and borrowers in matters concerning stressed accounts.
Representation of apartment owners’ associations and allottees in stalled and delayed projects.
Domestic arbitration, from the invocation of the arbitration agreement to the enforcement of the award.
The firm’s insolvency practice extends to benches of the NCLT and the NCLAT across the country, while its litigation and advisory work is centred in Delhi.
The three arcs in the firm’s mark reflect its approach to each matter: attentive at the outset, steady through the proceedings and resolute at the conclusion.
Every matter begins with an understanding of the commercial facts, so that the advice rendered is aligned with the client’s business and objectives.
Each pleading and brief is founded on the documentary record, with every fact referenced to the page on which it appears. Careful preparation is the foundation of effective advocacy.
Each matter is conducted personally by the Partner, from the first notice to the final order, and the client is kept informed at every stage.
Principles decided in matters handled by the firm before the NCLT, the NCLAT and the courts.
Practising before the NCLT and the NCLAT since 2016. Every matter is led by the Partner, from the first meeting to the final order.
Aadarsh Kumar Rai is the Partner at Arclegal. He has practised regularly before the National Company Law Tribunal and the National Company Law Appellate Tribunal since their constitution in 2016, and has worked under the Insolvency and Bankruptcy Code from its earliest days.
His practice is centred on insolvency and restructuring, together with commercial disputes, writ proceedings and corporate advisory work.
In insolvency matters he acts for financial creditors, resolution applicants, resolution professionals and homebuyer associations, from the filing of petitions and claims through resolution plans to appeals.
He has worked alongside Indian and international counsel on significant commercial disputes, and has advised clients ranging from privately held businesses to established corporate groups.
He appears before the Supreme Court of India, the High Court of Delhi, benches of the National Company Law Tribunal and the National Company Law Appellate Tribunal, Debts Recovery Tribunals, consumer commissions and arbitral tribunals.
Short notes on the Insolvency and Bankruptcy Code, written for clients and practitioners.
Meetings are held by prior appointment. Enquiries are best made by email, so that the matter may be reviewed before the meeting.
