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Debt Recovery & Insolvency

Cheque bounce, summary suits, DRT and SARFAESI, MSME dues and proceedings under the Insolvency and Bankruptcy Code.

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• Limitation for Debt Recovery in India: The Three-Year Rule and How Acknowledgments Extend ItThe most common reason a good debt becomes unrecoverable is that nobody watched the calendar.29 May 2025
• Personal Guarantors under the IBC: What Section 95 Proceedings Mean for Promoters and DirectorsSince December 2019, lenders can pursue promoters who personally guaranteed company loans through the individual insolvency provisions of the IBC, and the Supreme Court has upheld the framework.15 May 2025
• Homebuyers under the IBC: Filing Claims and Protecting Your Flat When the Builder Goes into InsolvencyWhen a developer is admitted to insolvency, every allottee becomes a creditor with a deadline to file a claim and a vote in the process.01 May 2025
• MSME Delayed Payment Recovery through the Facilitation Council: A Practical GuideMicro and small enterprises have a statutory fast track for unpaid invoices: interest at three times the bank rate and a reference to the Facilitation Council that can end in an arbitral award.17 April 2025
• When a Bank Sues You in the Debt Recovery Tribunal: A Borrower's and Guarantor's GuideBanks recover loans of 20 lakh rupees or more through an original application in the Debt Recovery Tribunal rather than the civil court.03 April 2025
• Received a SARFAESI Notice under Section 13(2)? The Borrower's OptionsA notice under Section 13(2) of the SARFAESI Act starts a 60-day clock after which the bank can take possession of the mortgaged property without going to court.20 March 2025
• Section 7 vs Section 9 of the IBC: Financial and Operational Creditors ComparedThe IBC treats lenders and suppliers very differently.06 March 2025
• How to Serve a Demand Notice under Section 8 of the IBC as an Operational CreditorThe Section 8 demand notice is the gateway to insolvency proceedings against a company that owes you for goods or services.13 February 2025
• Summary Suit under Order XXXVII CPC: The Fast Route to a Money DecreeA summary suit reverses the normal burden: the defendant must obtain the court's leave to defend, and if it cannot show a real defence, judgment follows without trial.30 January 2025
• Cheque Bounce Case in India: Step-by-Step Procedure under Section 138 for the PayeeA cheque bounce complaint is the fastest criminal remedy for an unpaid debt, but it lives and dies by three deadlines.07 January 2025