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Corporate Insolvency

Insolvency & Bankruptcy (IBC) Practice

The Insolvency and Bankruptcy Code (IBC) has transformed corporate debt recovery and restructuring in India. Ajmani & Law Partners represents stakeholders in navigating CIRP applications, demand notices, and tribunal litigation.

Litigation Framework

Procedural Lifecycle & Court Representation

Representation of operational creditors, financial creditors, and corporate debtors in insolvency proceedings before NCLT New Delhi benches and appellate proceedings before NCLAT.

Key Procedural Stages We Handle

1Drafting and serving statutory Demand Notices in Form 3 / Form 4 under Section 8 of the IBC
2Filing Petitions under Section 9 for initiation of CIRP by Operational Creditors
3Filing Petitions under Section 7 for Financial Creditors
4Defending Corporate Debtors on grounds of pre-existing disputes under Section 8(2) and Section 9(5)
5Filing claims in Form B / Form C before Interim Resolution Professionals (IRP)
6Representation in Committee of Creditors (CoC) disputes and resolution plan objections
7Filing Statutory Appeals under Section 61 before NCLAT New Delhi
Procedural Transparency

The Five Stages of Courtroom Litigation

Understanding the lifecycle of a legal dispute in Delhi courts helps clients prepare documentation strategically and anticipate statutory timelines.

STAGE 01

Pre-Litigation Audit & Legal Notice

Limitation & Statutory Compliance

Forensic scrutiny of agreements, dishonour memos, transaction invoices, and dates of default. Serving formal statutory demand notices (e.g. 30-day notice under Section 138 NI Act or Section 8 IBC demand) to establish cause of action.

Limitation Act 1963 & Relevant Substantive Code
STAGE 02

Drafting & Judicial Institution

Plaint, Statement of Truth & Verification

Drafting robust plaints, petitions, or written statements accompanied by verified statement of truth, electronic evidence certificates, and court fee computation. Filing before appropriate commercial or civil registry.

CPC 1908 & Commercial Courts Act 2015
STAGE 03

Urgent Ad-Interim Reliefs

Restraint Orders & Asset Protection

Arguing urgent motion applications for ad-interim ex-parte injunctions (Order 39 Rules 1 & 2 CPC), Section 9 arbitration interim measures, or Section 143A interim compensation to preserve status quo.

Specific Relief Act & High Court Rules
STAGE 04

Trial, Evidence & Cross-Examination

Evidentiary Testing of Claims

Framing of legal issues, tender of evidence by way of examination-in-chief affidavits, discovery/inspection of commercial records, and rigorous cross-examination of adverse party witnesses.

Indian Evidence Act 1872 / BSA 2023
STAGE 05

Final Arguments & Decree Execution

Realisation under Order 21 CPC

Submitting comprehensive written submissions and oral legal arguments supported by binding precedent. Following judgment, instituting execution proceedings to attach assets and realize decreed dues.

Order 21 CPC & High Court Original Rules
Matters Addressed

Client Situations & Dispute Contexts

Operational Debt Realisation

Assisting corporate vendors, suppliers, and service providers with minimum statutory default thresholds under Section 9.

Corporate Debtor Defense against Malicious Filings

Establishing pre-existing dispute records through prior correspondence, notice replies, and arbitral notices.

Creditor Claims during Corporate Insolvency

Submitting and substantiating claims with the Resolution Professional and monitoring CIRP status.

Appellate Proceedings before NCLAT

Appealing against admission orders, rejection of claims, or liquidation orders before NCLAT Principal Bench.

Firm Strategy

How Ajmani & Law Partners Represents You

  • Pre-notice verification of statutory threshold limits and limitation requirements
  • Published scholarship: Lalit Ajmani's analysis on IBC Section 7 and debt mechanics
  • Drafting rigorous Section 8 notices and responsive pleadings before NCLT New Delhi
  • Strategic negotiation of settlements prior to admission of insolvency petitions

Statutory Framework

  • Insolvency and Bankruptcy Code (IBC), 2016
  • Insolvency and Bankruptcy Board of India (IBBI) Regulations
  • Companies Act, 2013
  • National Company Law Tribunal Rules, 2016

Jurisdictional Forums

  • National Company Law Tribunal (NCLT), New Delhi Benches (Court I - VI)
  • National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi
  • High Court of Delhi (Writ Petitions arising from tribunal orders)
  • Supreme Court of India (Appeals under Section 62 IBC)

Need Counsel in Insolvency & IBC?

Contact Advocate Lalit Ajmani's litigation desk directly to discuss notices, hearing dates, or case filings.

Call: +91 96544 31469
Consultation Request

Discuss Your Insolvency & IBC Matter

Submit details regarding your notice, suit, or appellate timeline below.

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