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Insolvency And Bankruptcy Services

Offering Insolvency and Bankruptcy Services for the benefit of Indian clients

The Firm is offering Insolvency and Bankruptcy Services to its clients. Law Senate law firm being one of the leading corporate law firms of India it is providing Insolvency and Bankruptcy Services for the benefit of Indian clients.

 

Expert Representation in NCLAT Case and Insolvency Law Matters

 

The modern business landscape is increasingly influenced by a rapidly evolving legal and financial ecosystem. A key aspect of this evolution is the enactment and successful implementation of the Insolvency and Bankruptcy Code (IBC), 2016, which represents a paradigm shift in India’s approach to insolvency and corporate restructuring. This revolutionary legislation aims to provide a time-bound, transparent, and effective mechanism for resolving insolvency and bankruptcy issues for corporates, individuals, and partnership firms.

The introduction of the National Company Law Tribunal (NCLT) and its appellate body, the National Company Law Appellate Tribunal (NCLAT), has streamlined the resolution process and offered a specialized legal platform for insolvency-related matters. Whether you are looking to initiate an insolvency application, seeking insolvency advice, preparing for an insolvency appeal, or need the guidance of seasoned insolvency experts, choosing the right legal representation is vital. At LawSenate, we offer top-tier services through our team of highly skilled NCLT lawyers in Delhi and NCLAT lawyers in Mumbai, delivering strategic counsel and litigation support across all insolvency and bankruptcy matters.

Understanding the Framework: The Rise of Insolvency Law in India

The Insolvency and Bankruptcy Code (IBC), 2016 was introduced to consolidate and amend existing laws relating to insolvency resolution. It applies to companies, LLPs, partnership firms, and individuals. Its objectives include:

  • Ensuring the maximization of value of assets
  • Balancing the interests of stakeholders
  • Promoting entrepreneurship
  • Making the insolvency process more transparent and time-bound
  • Improving the overall ease of doing business in India

With IBC, the National Company Law Tribunal (NCLT) was given the jurisdiction to adjudicate corporate insolvency and liquidation proceedings, while the Debt Recovery Tribunal (DRT) retained jurisdiction over individual insolvency. The appellate authority for NCLT orders is the NCLAT, which also hears appeals from orders issued by the Insolvency and Bankruptcy Board of India (IBBI).

Filing an Insolvency Application: Who Can File and How?

An insolvency application under the IBC can be filed by:

  • Financial Creditors (under Section 7)
  • Operational Creditors (under Section 9)
  • Corporate Debtors themselves (under Section 10)

To initiate the Corporate Insolvency Resolution Process (CIRP), a minimum default of ?1 crore must be established. The application must include proof of default, financial documentation, and a declaration from a licensed insolvency practitioner.

LawSenate provides comprehensive support for clients preparing insolvency applications. From verifying claim documents and compiling financial statements to coordinating with Information Utilities and drafting the application, our NCLT lawyers in Mumbai and Delhi ensure accurate, timely, and strategic filings.

The Role of NCLT and NCLAT in Resolving Insolvency Disputes

The National Company Law Tribunal (NCLT) is the adjudicating authority for insolvency and bankruptcy cases involving corporate persons. Each regional bench of NCLT is empowered to admit, reject, or resolve insolvency matters.

If a party is dissatisfied with an order issued by the NCLT, an insolvency appeal can be filed before the National Company Law Appellate Tribunal (NCLAT). NCLAT hears appeals against:

  • Orders passed by NCLT
  • Orders by the Insolvency and Bankruptcy Board of India (IBBI)
  • Orders by the Competition Commission of India (CCI) and other regulators

Our legal team has successfully handled numerous NCLAT cases, representing clients in complex financial disputes. Whether it’s defending a resolution plan, contesting liquidation orders, or seeking relief against erroneous adjudication, our NCLAT lawyers in Delhi and NCLAT lawyers in Mumbai are known for their strategic acumen and procedural expertise.

Benefits of Working with Insolvency Experts

Insolvency experts at LawSenate comprise a multidisciplinary team of lawyers, company secretaries, chartered accountants, and former company directors. This integrated approach ensures our clients benefit from both legal and financial expertise.

We assist in:

  • Filing and defending insolvency applications
  • Drafting resolution plans
  • Advising on liquidation and winding-up
  • Representing before NCLT and NCLAT
  • Advising on company law appellate tribunal matters
  • Managing disputes under the Companies Act 2013

Our extensive knowledge of the Insolvency and Bankruptcy Code, combined with practical business insight, allows us to develop client-centric solutions. Whether you are an operational creditor, financial creditor, or a corporate debtor, our insolvency advice helps you protect your interests.

LawSenate proactively addresses these issues by offering clear, timely, and actionable insolvency advice. Our risk mitigation strategies include pre-litigation consultations, negotiation with stakeholders, and judicial interventions where required.

Geographic Presence and Importance of Local Expertise

Having local representation is vital for seamless legal proceedings. LawSenate boasts a nationwide presence. This regional focus allows us to effectively manage filings, representations, and hearings before the relevant benches. Our team has represented a wide range of clients, from Fortune 500 companies to startups, across multiple NCLT cases and NCLAT cases involving CIRP, liquidation, and debt recovery.

Role of Insolvency Law Firms in Business Turnaround

As insolvency proceedings become more common in today’s financial landscape, specialized insolvency law firms are playing a critical role in facilitating corporate turnaround and restructuring.

LawSenate’s services include:

  • End-to-end representation during insolvency proceedings
  • Legal due diligence
  • Resolution plan negotiation and filing
  • Assistance during compulsory liquidation
  • Filing appeals before company law appellate tribunal

Our collaborative model ensures we work closely with IRPs, RPs, lenders, and financial advisors to deliver optimal solutions.

Detailed Case Study: Successful Appeal in NCLAT Case

In one high-profile NCLAT case, LawSenate defended a multinational client accused of willful default. We challenged the maintainability of the application at the Principal Bench of NCLAT, citing procedural lapses and lack of authenticated documents. The appeal was allowed, resulting in the dismissal of wrongful claims and approval of the client's restructuring plan.

This case demonstrated our:

  • Command over procedural and substantive insolvency law
  • Expertise in financial forensic analysis
  • Ability to collaborate with licensed professionals and financial institutions

Process and Legal Strategy for Filing an Insolvency Appeal

Filing an insolvency appeal with NCLAT requires:

  • Filing within 30 days of receiving the NCLT order
  • Submission of a certified copy of the impugned order
  • Detailed grounds for appeal and relevant documents

LawSenate assists clients at every step—from appeal drafting and evidence collation to oral arguments. We also advise on:

  • Filing writs in High Courts or SLPs in Supreme Court if NCLAT relief is inadequate
  • Seeking interim relief
  • Addressing procedural objections raised by the registry

Global Solutions for Multinational Corporations

Multinational companies with exposure in India face unique insolvency challenges. LawSenate provides:

  • Cross-border insolvency advice
  • Representation in compulsory liquidation and CIRP
  • Compliance with RBI, FEMA, and SEBI regulations
  • Legal coordination with foreign law firms

We ensure that international stakeholders are kept informed and that proceedings meet global compliance standards.

Proactive Legal Compliance and Governance Advisory

To avoid insolvency altogether, companies must focus on early legal and financial intervention. LawSenate offers proactive advisory services including:

  • Legal and financial risk assessment
  • Corporate debt restructuring
  • Contract renegotiations
  • Settlements with creditors
  • Seeking extensions or time to pay

Technology and Legal Innovation in Insolvency Services

We leverage legal tech for:

  • Comprehensive legal analysis
  • Secure document management
  • Compliance dashboards
  • Real-time case status updates

Our technology-first approach enhances the speed and transparency of legal proceedings, ensuring client satisfaction and accountability.

Why LawSenate?

  • Pan-India Presence: Regional expertise with national outreach
  • Comprehensive Legal Services: End-to-end representation across NCLT and NCLAT matters
  • Experienced Team: Skilled insolvency experts, litigators, and financial advisors
  • Client-Centric Strategy: Personalized legal solutions for each client
  • Reputation for Excellence: Trusted by leading corporations, financial institutions, and government bodies

Contact Us Today

If you're involved in an NCLT case, preparing for an insolvency appeal, or seeking tailored insolvency advice, reach out to LawSenate. Our team of insolvency experts, NCLT lawyers in Delhi, NCLAT lawyers in Mumbai, and legal consultants will ensure your interests are represented with competence, integrity, and commitment.