Expertise

Representing an erstwhile promoter of a leading power and energy company before the Hon’ble National Company Law Appellate Tribunal, New Delhi. The issue involved is whether the balance sheet can be considered as an acknowledgement extending the limitation period to invoke the provisions of Insolvency & Bankruptcy Code, 2016. The applicability of the judgement of the 5 judges of the Hon’ble NCLAT, in the matter of V. Padmakumar v. Stressed Assets Stabilisation Fund & Anr is being considered by the Court.

Representing the Liquidator of the Corporate Debtor before the NCLT, Mumbai Bench and before various other judicial and quasi-judicial forums across the country. The Corporate Debtor is engaged in the business of running a shopping mall and therefore, advising the Liquidator in relation to various legal issues arising out of the contractual relation between the Corporate Debtor and various Lessee running their shops in the said mall, including the question relating to claim under Force Majeure Clause. Also advising the Liquidator in relation to the questions such as payment of dues to different authority during the pendency of liquidation process.

Representing a Liquidator and rendering advise in respect of questions pertaining to the distribution of the realized amount after liquidating the assets of the Corporate Debtor and applicability of GST on the sale of the assets of the Corporate Debtor through auction process.

Represented the Corporate Debtor before the NCLT Bangalore as well as before the NCLAT and was able to successfully get the directions in favour of the Corporate Debtor. In the said matter the  NCLT and NCLAT while the considering the fact that the projects of the Corporate Debtor are at the final stage and sending the Corporate Debtor into corporate insolvency resolution process, will hamper the rights of the other stakeholders and homebuyers, has disposed-off the application filed under Section 7 of the IBC, 2016 and thereafter the appeal as well.

Representing the Corporate Debtor before the NCLT Mumbai Bench, on a perplexing question law, that after withdrawal of the application under Section 9 of the IBC, 2016, whether the Operational Creditor can approach the NCLT in relation to breach of the terms of the settlement agreement in lieu of which the said application was withdrawn. Moreover, one more issue is pending before the NCLT that whether the Operational Creditor can approach the  NCLT in relation to breach of settlement agreement which was entered between the Operational Creditor and Corporate Debtor outside the purview of the NCLT.

Representing one of the leading transports and logistic venture before the Hon’ble Supreme Court of India in the prominent Insolvency case of Steel and Power Sector. The matter involves the question of law pertaining to retrospective applicability of Section 32A of the Insolvency and Bankruptcy Code, 2016.

Representing a leading coal company and its director in various matters before Supreme Court of India, challenging the amendment introduced by IBBI which provided the eligibility criteria and the manner in which a scheme of compromise and arrangement can be filed under Section 230 of the Companies Act, 2013.