The Hon’ble National Company Law Appellate Tribunal (New Delhi Bench) (“NCLAT”) in the case of Suraksha Realty Ltd. v. Mr. Anuj Bajpai (“Suraksha Realty”) confirmed the rejection of the claim filed by Suraksha...
Insolvency & Restructuring
INDUSLAW's Insolvency & Restructuring group advises creditors, debtors, guarantors, directors, insolvency professionals, resolution applicants and trustees in relation to the restructuring, liquidation and winding up of businesses under the Indian Insolvency & Bankruptcy Code, with one of our partner's being a qualified insolvency resolution professional.
In particular, our team advises on:
- The provisions and processes under the insolvency & Bankruptcy Code
- Rights and obligations during the moratorium period and the insolvency resolution process
- The preparation of the expression of interest for the insolvency resolution process
- The legal due diligence of corporate debtors
- The negotiation, preparation and finalisation of restructuring plans
- Potential asset recoveries and claw back
- Implementing restructuring plans through strategic sales, slump sales, demergers and auctions
- Compliance of any restructuring with applicable law, including the Competition Act, SEBI Regulations and the Foreign Exchange Management Act
- The implementation of insolvent liquidations and voluntary winding-ups
- Cross border insolvency, in particular, in the context of the UNCITRAL Model Law on Cross Border Insolvency
- Asset freezing overseas and injunctions against parallel proceedings during the moratorium period.
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