Insolvency & Bankruptcy Matters

We Restructure. You Rebound

-Description

“When financial collapse threatens legal order, we step in – not just to restructure but to restore.”

Insolvency is not merely a question of balance sheets. It is a battleground where law, finance, reputation, and commercial continuity converge. At Dyuksha Legal, our Insolvency & Bankruptcy Practice is built to operate precisely at that intersection aggressively enforcing rights, strategically restructuring liability, and powerfully representing clients in the high-stakes forum of financial survival or liquidation.

We recognize that insolvency proceedings, whether under the Insolvency and Bankruptcy Code, 2016 (IBC), the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI), or the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDDBFI), are not merely technical processes. They are existential crises for debtors and commercial opportunities for creditors. Our role is to protect our clients whichever side they’re on through tactical foresight, procedural dominance, and doctrinal command.

A Practice Engineered

The nature of insolvency litigation demands not only legal acumen but a multidisciplinary edge. At Dyuksha Legal, we bring together litigation expertise, regulatory insight, corporate finance understanding, and strategic negotiation to deliver outcomes that go beyond recovery—our aim is resolution with power.

Our team advises and represents a range of stakeholders including:

  • Financial and operational creditors
  • Corporate debtors and promoters
  • Resolution Applicants
  • Insolvency Professionals (IRPs/RPs)
  • Secured lenders and asset reconstruction companies (ARCs)
  • Guarantors—both corporate and personal

We have handled matters across sectors including real estate, manufacturing, infrastructure, consumer electronics, NBFCs, and retail, bringing deep sectoral nuance to every engagement.

Our Constitutional Anchoring in Insolvency Law

Dyuksha Legal is deeply mindful that insolvency frameworks cannot override constitutional values. We have successfully invoked:

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Article 14 to challenge arbitrary CoC decisions lacking transparency

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Article 19(1)(g) to contest exclusion of promoter applicants beyond the bar under Section 29A

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Article 21 in cases where procedural lapses threatened liberty or led to unlawful coercion

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Article 300A in SARFAESI challenges against disproportionate asset dispossession

Client-Centric Confidentiality

We know that insolvency proceedings can impact investor confidence, market reputation, and internal morale. Every client interaction is protected with absolute confidentiality. We collaborate with in-house teams, financial consultants, and restructuring agencies to offer 360-degree support.

Prudence Meets Commercial Wisdom

In insolvency and enforcement matters, timing is everything. A delayed notice, a poorly worded demand, or a misplaced objection can lead to irreversible loss. Our firm operates with tactical aggression and strict deadline discipline.

We move swiftly on notices, filings, and interim relief applications

We coordinate seamlessly with IRPs/RPs, forensic auditors, and asset valuers

We structure settlements that balance financial realism with legal sustainability

We understand that resolution is not just about numbers it is about narrative, positioning, and leverage. That is the Firm’s legal edge.

Our Services Under the IBC Framework

We actively advise and appear in proceedings under the Insolvency and Bankruptcy Code, 2016, across stages, including:

For Financial Creditors
  • Drafting and filing petitions under Section 7 of IBC
  • Constructing default frameworks with banking records, NPA triggers, and RBI circulars
  • Advising on class action strategies for debenture holders, consortium lenders, and NBFC portfolios

Assisting in committee of creditors (CoC) voting, plan evaluation, and objection filings

For Operational Creditors
  • Issuance of demand notices under Section 8, with legally sound annexures and statutory compliance
  • Filing of Section 9 applications, ensuring procedural compliance and managing disputes raised under Section 8(2)
  • Appearing before NCLT to oppose suppression of pre-existing disputes, or fraudulent CIRP initiation
For Corporate Debtors & Promoters
  • Advising on defenses to CIRP admission including Section 10A (COVID-related default protection), limitation defenses, and disputes
  • Assisting in communication with IRPs/RPs, information memorandum preparation, and forensic audits
  • Filing of avoidance transaction applications—preferential, undervalued, or fraudulent
  • Representing promoters in Section 66 proceedings or personal guarantees litigation
Resolution Applicants
  • Strategic advisory on Expression of Interest (EOI) and Resolution Plan construction
  • Due diligence on corporate debtor status, liabilities, and potential contingent exposures
  • Representation before CoC and Adjudicating Authority during plan approval
  • Drafting of compliance schedules under Section 30(2) and defending plan challenges

Beyond the IBC: SARFAESI and RDDBFI Litigation

Our insolvency practice is not confined to the IBC alone. Dyuksha Legal has a dedicated vertical handling cases under the SARFAESI Act, 2002 and the RDDBFI Act, 1993, including:

Under SARFAESI:

Drafting and defending notices under Section 13(2) and representations under Section 13(3A)

Strategic invocation of Section 13(4) taking symbolic and actual possession of secured assets

 

Filing applications under Section 14 for assistance of the District Magistrate/Chief Metropolitan Magistrate

We also represent borrowers and guarantors before Debt Recovery Tribunals (DRTs) and Appellate Tribunals (DRATs) challenging SARFAESI measures or seeking redemption rights.

Under RDDBFI:

Drafting and filing Original Applications (OAs) for debt recovery on behalf of banks and financial institutions

Securing interim reliefs such as attachment before judgment, restraint orders, and injunctions

 

Opposing enforcement actions on behalf of borrowers, including contesting Recovery Certificates

Explore Other Areas

Real Estate Advisory

Our real estate practice spans due diligence, documentation, compliance, and litigation. more

Pre-Litigation Disputes

We believe that the groundwork for successful litigation, its intelligent to laid well before the first petition is drafted or the first appearance entered. more

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Criminal Disputes

We defend individuals and corporations facing allegations of financial or regulatory wrongdoing. more

dyuksha Legal

Office hours

Monday – Friday

9AM – 7PM

Saturday

10AM – 5PM

Contact

+91 8088239187

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