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&CAPABILITIES

Insolvency & Restructuring

Our Insolvency & Restructuring practice provides strategic, end-to-end solutions for businesses facing financial distress, as well as for creditors and other stakeholders seeking to maximise value and mitigate risk in complex insolvency scenarios.

Corporate insolvency and restructuring services

Our team offers comprehensive counsel across all stages of corporate distress – from pre-insolvency advisory and debt restructuring to formal insolvency proceedings, liquidations, and rehabilitations. By collaborating with financial advisers and resolution professionals, we structure pragmatic solutions that balance commercial viability with statutory compliance, and advise clients on distressed M&A transactions, asset sales, cross-border insolvencies, due diligence on distressed assets, formulation of resolution plans, and negotiation of complex creditor arrangements.

Drawing on our industry-specific insights, we guide clients in formulating sustainable recovery strategies that preserve value and address operational challenges. We represent corporate debtors, lenders (including banks, NBFCs, and asset reconstruction companies), bondholders, operational creditors, and resolution applicants before tribunals such as the Debt Recovery Tribunal (DRT), National Company Law Tribunal (NCLT), and the National Company Law Appellate Tribunal (NCLAT).

To deliver holistic legal support, we collaborate closely with our dispute resolution, corporate, finance, and tax teams, enabling seamless handling of potential litigation, stakeholder negotiations, and regulatory approvals. Whether guiding companies through out-of-Court restructuring or advocating in formal insolvency proceedings, our practice is committed to safeguarding clients’ commercial interests and facilitating efficient, value-driven outcomes in India’s dynamic insolvency landscape.

Service offerings

  • Corporate restructuring, distressed asset management, asset sales, debt resolution, business reorganisation, and financial rehabilitation strategies

  • Representing debtors, creditors, and insolvency professionals in Corporate Insolvency Resolution Processes (CIRP), liquidation, and winding-up proceedings under the Insolvency and Bankruptcy Code, 2016 and the Companies Act, 2013

  • Representing secured and unsecured creditors, banks, financial institutions, and asset reconstruction companies in debt recovery and enforcement proceedings under the SARFAESI Act, 2002 and RDDBFI Act, 1993

  • Negotiations, settlements, and inter-creditor arrangements to maximise recovery

  • Cross-border insolvency matters under UNCITRAL frameworks and international restructuring laws

  • Assisting clients in navigating regulatory, tax, and compliance challenges in international and frontier markets

Representative matters

TLD MEAI FZE on an appeal against an NCLT order approving the resolution plan of Jet Airways Ltd (corporate debtor) that purported to deal with the assets of TLD MEAI FZE.

NBCC (India) Ltd on an application under Section 9 of the IBC filed by Kuber Enterprises seeking initiation of CIRP; strategised and defended NBCC from insolvency before NCLT, New Delhi.

SRF Ltd on an appeal filed by a shareholder of Birla Tyres Ltd (BTL) against an NCLT Kolkata order initiating CIRP against BTL; argued the matter before the NCLAT and succeeded in dismissing the appeal.

Bharat Road Network Ltd (BRNL) on an insolvency proceeding against BRNL pending since 2020; strategised and defended BRNL from admission into CIRP before NCLT, Mumbai and filed an application seeking set-off of dues of more than INR 110 crore of an IL&FS Group entity.

Woodlands Multispeciality Hospitals Ltd on an application under Section 66 of the IBC filed by the resolution professional during the insolvency of Duncan Industries Ltd; filed necessary affidavits and succeeded in dismissing the application in limine.

ITC Ltd on an application under Section 9 of the IBC and Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016.

Gupta Powers Infrastructure Ltd on an insolvency proceeding against India Power Corporation Ltd under Section 9 of IBC for the debt and accruing interest.

Sankalp Recreation Pvt Ltd on a challenge to a resolution plan approved by the CoC in violation of the CIRP Regulations.
RP Infosystems Pvt Ltd on challenging its admission to CIRP based on a time-barred debt and in violation of the provisions of the Prevention of Money Laundering Act, 2002.

Recent developments and recognitions

Asia Law (Notable firm) – Restructuring & Insolvency
Chambers and Partners (Recognised lawyer) – Debanjan Mandal
IBLJ (A-list) – Debanjan Mandal
IBLJ (Future legal leaders) – Iram Hassan
IBLJ (Future legal leaders) – Kunal Mimani
Legal 500 (Leading partner – Kolkata) – Biswajit Kumar
Legal 500 (Next general partners – Kolkata) – Iram Hassan
Kunal Mimani appointed as the counsel for the State of West Bengal before the Supreme Court of India
Kartikey Bhatt qualifies as an Advocate-on-Record in the Supreme Court of India
Kunal Vajani participated in a discussion on ‘Arbitration in the UAE: Keep Calm and Carry On?’ as part of Dubai Arbitration Week 2024 organised by Galadari Advocates & Legal Consultants
Kunal Vajani and Rudresh Mandal, Senior Associate, conducted a credit course titled ‘ADR Masterclass – An Overview of the Domestic and International Landscape’ at NALSAR University of Law, Hyderabad
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Addressing the issues that matter most to our clients

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