Knowledge
Guarantees
Personal Guarantors under the Code: Section 95 and the Route to RecoveryThe notification of Part III, the forum, the stages from application to repayment plan and the choice between the Code and a suit on the guarantee.Read note
Insolvency
Financial and Operational Creditors: The Line the Code DrawsThe definitions, how each begins a process, the pre-existing dispute test, voting and treatment in plans and in liquidation.Read note
Insolvency
Avoidance Transactions: Preference, Undervalue and Fraudulent TradingThe look-back periods, the defences, the orders the tribunal may make and what creditors and counterparties should do.Read note
Insolvency
Sale of Assets in Liquidation: Modes, Valuation and the Secured CreditorHow the liquidator may sell, the reserve price, eligibility of buyers, the secured creditor's options and how a sale can be challenged.Read note
Insolvency
Appeals from the NCLT: NCLAT, the Supreme Court and the Time AllowedSection 61 and Section 62 appeals, the limited grounds against approval of a plan, condonation of delay and interim relief.Read note
Strategy
Choosing the Forum: Court, Tribunal, Arbitration or the CodeA comparison of the principal routes to recovery and the questions that decide among them, with notes on combining remedies and on jurisdiction.Read note
Arbitration
Enforcing Arbitral Awards: Section 36, Section 34 and Foreign AwardsEnforcement as a decree, stay on deposit, the grounds for setting aside, and the position of foreign awards under Part II.Read note
Arbitration
Interim Relief in Arbitration: Section 9, Section 17 and the Emergency ArbitratorProtection from the court and from the tribunal, the ninety-day rule, the efficacy test and relief in foreign-seated arbitrations.Read note
Tribunals and SARFAESI
Writ Petition or Statutory Remedy: The Alternative Remedy Rule in Recovery MattersWhen the High Court will and will not entertain a petition against SARFAESI action and tribunal orders, and the deposit conditions on appeal.Read note
Settlements
The Mediation Act, 2023: Pre-Litigation Mediation and Settlement AgreementsScope, voluntary pre-litigation mediation, timelines, confidentiality and the enforceability and limited challenge of mediated settlements.Read note
Settlements
Consent Decrees: Recording a Settlement under Order XXIII Rule 3Why a creditor prefers a decree, what to include, registration questions and settlement in cheque cases and insolvency applications.Read note
Settlements
Securing a Settlement: Cheques, Guarantees, Charges and Default ClausesThe forms of security, registration with the Registrar of Companies and CERSAI, drafting the default and the preference risk.Read noteHave a distressed debt or insolvency query?
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