It is no overstatement that business is always accompanied by a certain unpredictability, so much so that there is a whole industry on management of this uncertainty (insurance). Therefore, any change in economic conditions, surfacing of unforeseen events, miscalculations, or major mismanagement can lead to financial defaults and non-performing assets (NPAs).
The Insolvency and Bankruptcy Code (IBC) 2016, has had a huge impact across various sectors. Our team has been involved in several matters involving the IBC, 2016 representing both creditors and debtors before the NCLT, NCLAT, and the Hon’ble Supreme Court of India. The IBC is highly-equipped both, in terms of knowledge and experience to steer recovery strategies and insolvency processes. They collaboratively utilize our banking and regulatory expertise with a specialist understanding of different industries. The team works in close cohorts with our specialized members from different fields of expertise.
We devote ourselves to protecting our client’s rights from boardroom discussions to courtroom proceedings. Our widely recognized expertise in Debt Recovery laws, coupled with the understanding of various business sectors enables the firm to deliver holistic and effective guidance to our clients. The team dedicatedly supports clients in the assessment of assets and liabilities of distressed companies and the risks involved.
Our work includes advising Companies, Banks, Financial Institutions, and Promoters on initiating insolvency proceedings, counselling companies (domestic/foreign) investing in distressed companies undergoing insolvency proceedings, supporting insolvency professionals in proceedings against distressed companies, defending distressed companies before the Tribunals, and Courts, and so on.
Some of the widely reported matters handled by KIAA LLP include the judgment on making the IBC applicable to unincorporated joint ventures, which set a new legal position on the subject matter in India; and defending real estate allottees before the Hon’ble Supreme Court of India in the challenge to Section 5 (8) (f) of IBC by the real estate developers.
KIAA LLP has been proudly associated with many of India’s top Banks, Financial Institutions, NBFCs, Asset Management Companies, Trusts, having served them in the capacity of our clients. The review we have received from them has been overwhelmingly positive and they have emphasized the high satisfaction with our efficient and constructive solutions. We have also worked effectively with international clients who appreciate our lawyers for their practical and business-oriented approach.
Our Services include:
● Advice on initiating/defending insolvency proceedings
● Drafting of Applications & related documentation before NCLT & NCLAT
● Handling Appeals before Hon’ble Supreme Court of India
● Advising on investing in distressed companies