Insolvency

Representations for companies and / IRP under IBC: We represent as well as defend companies and sometimes IRPs in proceedings initiated under IBC before various NCLTs / NCLAT / SC. 

We have examined and advised on impact of potential Insolvency proceedings on financial transactions, sub-contracting of EPC contracts, mode of payments, Escrow etc.

Fraudulent initiation of insolvency proceedings, definition of ‘related party’:  We represent Hindalco Industries Ltd. in proceedings before the National Company Law Appellate Tribunal, in appeals against order of NCLT approving the Resolution Plan of a Corporate Debtor. The Client was interested in one of the assets of the Corporate Debtor which was being auctioned under orders of the High Court when the insolvency proceedings were initiated. The matter involves complicated factual matrix wherein various group companies related to the Corporate Debtor initiated the  insolvency proceedings, submitted resolution plan as well as approved the same as members of the Committee of Creditors.  The case tests the definition of ‘related party’ under the IBC, and would develop jurisprudence on fraudulent initiation of insolvency proceedings.

Advised and represented one of the major foreign banks before the Supreme Court of India, various High Courts as well as forums like Debt Recovery Tribunal, Debt Recovery Appellate Tribunal, National Company Law Tribunal and Enforcement Directorate in recovery proceedings as well as other criminal/civil matters pertaining/relating to such recovery proceedings; advised and rendered legal opinions on regulatory issues from time to time.

Advised and represented major a NBFC in proceedings initiated by it i.e. a Financial Creditor under the provisions of the Insolvency and Bankruptcy Code, 2016. These proceedings initiated before the National Company Law Tribunal is the second such petition to be admitted and settled (in full) before the Principal Bench of the National Company Law Tribunal at New Delhi.