Are you one among the numerous aggrieved entities in Delhi who are haunted by the nagging problem of overdue debts and searching for insolvency consultants in Delhi?
As economies expand, the businesses have become more and more dependent on a balance between credit & loan, the problem arises when this equation is impacted. The problem of bad debt keeps growing with time but then, the solutions also are at hand, if you look for them!
We have an excellent team of insolvency consultants in Delhi that can decode the intricacies of Insolvency and simplify its legal & regulatory complexities with unmatched dedication!
As a financial or operational creditor, the best tool that can provide you relief in the shortest period is Insolvency and Bankruptcy Code, 2016, (IBC).
You can avail the services of our insolvency consultants in Delhi who have tons of experience in this field and have catered to 90+ clients successfully. Our team’s steadfast commitment and professional fairness has helped us create a niche for ourselves and led to forging a long-lasting relationship with all our clients.
Our exemplary team of insolvency consultants in Delhi extends steadfast commitment along with complete dedication in providing solace to entities suffering from overdue debt.
Our vision is to constantly aspire to comprehend the clients’ circumstances and requirement and dispense reliable, honest & thoroughgoing legal advice accordingly.
1. In case of initiation of Corporate Insolvency Resolution Process by Financial Creditor, it should owe the financial debt and the debt should be legally assigned to him and transferred. The Term “Financial Creditor” includes Banks, Financial Institutions, Homebuyers, Enterprise, Corporate Entity or Company (Section 7 of the IBC).
According to Sub-section (1) of the Act, the Financial Creditor either by itself or jointly with other financial creditors may file an application for initiating the Corporate Insolvency Resolution Process against a corporate debtor when a default has occurred.
The Adjudicating Authority shall within 14 days of the receipt of the application under sub-section (2), ascertain the existence of the default from the records of the information utility or on the basis of the evidence furnished by the financial creditor under sub-section (3).
Also, where the Adjudicating authority is satisfied that:
2. In case of initiation of Corporate Insolvency Resolution Process by the Operational Creditor, the Operational Creditor should owe the financial debt and the debt should be legally assigned to him and transferred. The term “Operational Creditor” includes Manufacturers, Traders, Employees (Section 9 of the IBC).
After the expiry of the period of 10 days from the date of delivery of the notice or the invoice demanding payment under (1) of section 8, if the operational creditor does not receive payment from the corporate debtor or the dispute under sub-section (2) of section 8, the operational creditor may file an application before the adjudicating authority for initiating the CIRP process.
The Adjudicating authority shall within 14 days of the receipt of the application under sub-section (2), by an order:
3. In case of the Summary Suit under Order 37 of the Code of Civil Procedure, 1908, the Creditor shall file the Summary Suit in the respective courts having jurisdiction if there is a suit upon Bills of Exchange, Hundis and Promissory Notes.
Suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising:
4. Section 138 of the Negotiable Instruments Act, 1881 (Cheque Bounce Recovery Case): If the customer delays the payment through cheque then the seller can file a suit against the customer under Section 138 of the Negotiable Instruments Act, 1881.
Under Section 138, a legal notice is sent to the customer regarding the bouncing of the cheque and if he does not pay within 30 days, then the seller can file a suit against the customer under Section 138 of the NI Act regarding non-payment of the payment.
|Comparison Basis||Section 7 of IBC||Section 9 of IBC||Summary Suit (Order 37 of Cpc, 1908)||Section 138 of NI Act, 1881|
|Claim Amount||Minimum Amount is Rs. 1 lac||Minimum Amount is Rs. 1 lac||It is prescribed as per the Code of Civil Procedure, 1908.||It is prescribed as per the NI Act, 1881.|
|Limitation Period||It is 3 years from the date when the debt has become due.||It is 3 years from the date when the debt has become due.||The limitation is prescribed as per the||45 days is the time period for filing the case in the Concerned Court when the cheque has been bounced.|
|Total time-frame||6 months (Approx.)||6 months (Approx.)||3-4 months (Approx.)||6 months- 1 year (It can vary)|
|Type of Persons availing the Services||Homebuyers, Financial Institutions, Banks etc. (They all are termed as Financial Creditors)||Employees, Traders, Manfacturers (They all are termed as Financial Creditors)||Manfacturers, Traders, Buisnessmen and any other person dealing in goods and services.||Any person whose cheque has been bounced by the Bank due to insufficient funds on payment by the debtor.|
|Court Fees to be Paid||Rs. 25,000||Rs. 2,000||It is prescribed as per the Amount of claim.||It is prescribed as per the Amount of claim.|
Both financial and operational creditors can apply for insolvency against a corporate debtor, if the overdue amount is Rs one lakh or more. Banks, Financial Institutions, Homebuyers, Enterprise, Corporate Entity or Company can approach under Section 7 and Manufacturers, Traders, Employees etc. can approach under Section 9 of the Insolvency and Bankruptcy Code, 2016 for recovery of overdue debt.
The creditor shall have to establish that:
The name of the resolution professional also needs to be proposed along with the application.
IBC 2016 mandates the limitation period of three years from the date on which the debt was payable by the debtor to the creditor. In the case of B.K Educational Services vs Parag Gupta and Associates, 2017, it has been held that the Limitation Act, 1963 will apply to applications made under Section 7 and Section 9 of IBC, 2016. It has been reiterated through this Judgement that IBC proceedings shall not be initiated based on time-barred claims.
When the liquidation of a company occurs, a liquidator is appointed by the creditors in the meeting, to work towards the liquidation process. The IBC grants immense power to the liquidator, as the execution of the entire process rests on his shoulders.
There is a ‘waterfall mechanism’ as to the priority of claimants specified by the Code, and the debt shall be returned accordingly.
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