Core capability

Insolvency & Banking

When debt, default and enforcement collide, on either side of the table

Insolvency and enforcement law moves faster than most commercial law, and its deadlines are less forgiving. A demand notice, an enforcement notice or a petition filing each starts a clock, and the options available shrink at every stage. The useful work happens early.

The work

The practice acts on both sides of financial stress. For operational and financial creditors it prepares demand notices, files and pursues insolvency petitions, files claims and represents them in resolution processes, and conducts recovery proceedings before the Debts Recovery Tribunals. For companies, promoters and guarantors it responds to enforcement action by secured creditors, contests or negotiates around insolvency petitions, defends guarantee claims, and structures settlements that actually close the exposure.

The Gandhinagar office works before the Ahmedabad benches of the National Company Law Tribunal and the Debts Recovery Tribunal. The New Delhi presence covers the appellate tier.

How the practice approaches it

The first task is always the same. Establish where in the statutory sequence the matter stands, because that decides everything else. The practice verifies the debt documents, the notice trail and the dates before advising. An enforcement action can be tested for procedural and substantive validity, but only within its windows. Clients are told plainly which doors are open, which have closed, and what each remaining route costs to keep open.

Begin with the issue, not the sales pitch.

Describe the situation in general terms. The forum, the deadline, the document you have received. The practice replies with what it needs to check before anything else, and a conflict check comes before any confidential detail.

Before you write. Please do not send confidential documents, case papers or privileged detail until the practice has completed a conflict check and confirmed in writing that it can act. A first message should describe the issue in general terms only.

Letters & Spirit

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