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Insolvency, NCLT and DRT Lawyers

Representation for creditors, companies and borrowers before the NCLT, the DRT and their appellate tribunals.

In short

Inovatree acts for creditors, companies, directors and borrowers in insolvency and debt recovery. Before the National Company Law Tribunal we file and defend IBC petitions, handle corporate disputes and liquidation. Before the Debt Recovery Tribunal we pursue recovery for lenders, defend borrowers and guarantors including under SARFAESI, and handle appeals and settlements.

What we do

Insolvency proceedings (NCLT)

Filing and defending petitions under the Insolvency and Bankruptcy Code for financial creditors, operational creditors and corporate debtors, and representation through the corporate insolvency resolution process.

Company and shareholder disputes

Oppression and mismanagement, shareholder disputes, mergers and acquisitions and corporate governance matters, resolved efficiently while protecting the company's stability and reputation.

Winding up and liquidation

Support through liquidation and voluntary winding up so every legal requirement is met and risks are reduced.

Debt recovery (DRT)

Recovery applications for banks, financial institutions and other creditors under the Recovery of Debts and Bankruptcy Act, with practical strategies to speed up resolution.

Defence against recovery and SARFAESI

For borrowers and guarantors facing recovery proceedings or SARFAESI action, we defend before the DRT, including Section 17 applications, to protect financial stability.

Appeals and settlements

Appeals to the NCLAT and DRAT and negotiated settlements, including one-time settlements, pursued through whichever route gives the best result.

How we work

  1. 1
    Review the debt

    Documents, defaults, limitation and the strongest forum for your position.

  2. 2
    Choose the route

    IBC petition, DRT application, SARFAESI defence or negotiated settlement.

  3. 3
    File and appear

    Petitions, replies and hearings before the NCLT, DRT and appellate tribunals.

  4. 4
    Resolve

    Resolution plan, recovery, settlement or appeal, carried to a final outcome.

Frequently asked questions

What is the minimum default to start insolvency under the IBC?

Since March 2020, a corporate insolvency resolution process under Section 7, 9 or 10 of the IBC can be started only for a default of at least ₹1 crore.

How long does the corporate insolvency resolution process take?

The IBC sets 180 days, extendable by up to 90 days, with an outer limit of 330 days including litigation time. In practice many cases take longer.

Which cases go to the Debt Recovery Tribunal?

The DRT hears recovery applications by banks and financial institutions for debts of ₹20 lakh or more, and applications by borrowers and others challenging SARFAESI measures under Section 17.

How long do I have to challenge SARFAESI action?

A Section 17 application to the DRT must be filed within 45 days of the measure taken by the secured creditor under Section 13(4), such as taking possession of the property.

Talk to a lawyer

Book a consultation

Choose a time that suits you for a video consultation, or meet us at our Noida, Mumbai or Kolkata office. Bring your documents and your questions. We will tell you plainly where you stand and what your options are.

Prefer to call? +91 97422 66875 or write to connect@inovatree.com

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