Practice Area
Insolvency & Bankruptcy
Proceedings before the NCLT and NCLAT for financial and operational creditors, and for corporate debtors.
The Insolvency and Bankruptcy Code 2016 runs to a timetable that does not accommodate an unprepared party. Admission, moratorium, constitution of the committee of creditors, resolution and liquidation follow one another quickly, and a creditor who files late is a creditor bound by decisions taken without them.
We act for financial and operational creditors in section 7 and section 9 applications, for corporate debtors resisting admission, and for resolution applicants and committee members through the resolution process, before the NCLT and on appeal to the NCLAT.
For an operational creditor the threshold question is almost always the pre-existing dispute. A dispute genuinely raised before the demand notice defeats a section 9 application, and it is frequently the difference between recovering under the Code and recovering through a suit.
Key Highlights
- 01Section 7 applications by financial creditors and section 9 by operational creditors
- 02Defending admission, including on limitation and pre-existing dispute
- 03Representation of the committee of creditors and of resolution applicants
- 04Avoidance actions: preferential, undervalued and fraudulent transactions
- 05Personal guarantor insolvency, and liquidation proceedings
- 06Appeals before the NCLAT and the Supreme Court
Also at the firm
Other Practice Areas
Corporate Litigation
Shareholder and boardroom disputes, oppression and mismanagement, and the contested control of closely held companies.
Commercial Litigation
Contractual claims, recovery actions and commercial suits before the designated commercial courts.
Property, Succession & Family Litigation
Partition and title suits, testamentary and succession matters, and matrimonial proceedings.
Criminal Litigation
Bail and anticipatory bail, quashing petitions, trial defence and economic offence matters.
Arbitration
Domestic and institutional arbitration, interim relief, and the enforcement and setting aside of awards.
Real Estate Disputes
Delayed possession, refund and specific performance claims, and proceedings before the RERA authorities.
Writ Litigation
Constitutional challenges and writ petitions against state action before the High Courts and the Supreme Court.
Consumer Disputes
Deficiency of service and unfair trade practice claims across the District, State and National Commissions.
Regulatory Practice
Representation before sectoral regulators and statutory tribunals, and challenges to regulatory orders.
Intellectual Property Disputes
Trade mark, copyright, design and passing-off actions, including interim injunctions and enforcement.