Practice area
Insolvency and NCLT lawyer in Bangalore
Proceedings under the Insolvency and Bankruptcy Code, 2016 and company disputes before the NCLT and NCLAT, for creditors and debtors.
The Insolvency and Bankruptcy Code, 2016 (IBC) provides a time-bound process for resolving corporate insolvency. Proceedings are heard by the National Company Law Tribunal, which has a bench in Bengaluru, with appeals to the National Company Law Appellate Tribunal and then the Supreme Court.
What this work involves
- Applications by financial creditors under Section 7, and by operational creditors under Section 9 after a demand notice under Section 8
- Applications by corporate debtors under Section 10
- Defending admission, including pre-existing disputes and limitation
- The resolution process: dealing with the resolution professional, the committee of creditors and resolution plans
- Personal guarantors and related proceedings
- Appeals before the NCLAT and the Supreme Court
- Company law disputes, including oppression and mismanagement petitions under the Companies Act, 2013
Approach
Insolvency proceedings can change the position of every party quickly. Strategy starts with the documents: the debt, the default, the limitation date and any dispute that existed before the notice. Clients are advised on whether the Code is the right tool, or whether other remedies suit the situation better.
Related reading
How to prepare for your first meeting with a litigation advocate
A short checklist of documents, timelines and questions that make a first consultation with a litigation advocate more useful.
Courts and forumsWhere will my dispute be heard? The courts and tribunals of Karnataka, explained
A plain-language map of the main courts and tribunals in Bengaluru and Karnataka, and the kind of dispute each one handles.