Insolvency & Restructuring
Insolvency and restructuring under the Insolvency and Bankruptcy Code, 2016 form the core of the firm’s practice, from the first default to the final appeal.
Our practice
The firm appears regularly before benches of the National Company Law Tribunal and before the National Company Law Appellate Tribunal, and in appeals before the Supreme Court of India. Every matter is led by the Partner, and each pleading is founded on the documentary record, with every fact referenced to it.
Who we act for
- Financial creditors: banks, NBFCs, asset reconstruction companies and other lenders, from applications under Section 7 to claims, CoC proceedings and recovery from guarantors.
- Operational creditors: demand notices under Section 8 and applications under Section 9.
- Resolution applicants: eligibility under Section 29A, due diligence, drafting of resolution plans and their approval.
- Resolution professionals and liquidators: applications in the CIRP and liquidation, avoidance applications and correspondence with stakeholders.
- Personal guarantors: proceedings under Sections 95 to 100, and their interface with the corporate insolvency resolution process.
- Homebuyers and their associations: claims as financial creditors, representation in the CoC, and project completion.
- Corporate debtors and promoters: defence of applications, recall of ex-parte orders, and settlement under Section 12A.
Stages of a matter
- Demand notices and assessment of debt, default and limitation
- Admission of applications under Sections 7, 9 and 10
- Filing and verification of claims, and Committee of Creditors proceedings
- Expressions of interest, eligibility and resolution plans
- Approval of the plan under Section 31, or liquidation
- Appeals to the NCLAT under Section 61 and to the Supreme Court under Section 62
Forums
NCLT benches across India, including New Delhi, Allahabad, Ahmedabad, Mumbai and Bengaluru; the NCLAT at New Delhi and Chennai; and the Supreme Court of India.
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