Suresh Kumar

Insolvency and Bankruptcy Code for Creditors: Insolvency and Bankruptcy Code for Creditors: By Suresh Kumar, Aran Law Firm Tamil Nadu, India 12 min read Updated June 2026 Key Facts — Key facts — IBC creditor proceedings in India one-number-round A financial creditor may file an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 to initiate a Corporate Insolvency Resolution Process (CIRP) against a corporate debtor where a financial debt of ₹1 crore or more is in default. two-number-round An operational creditor must first serve a demand notice under Section 8 of the IBC; if the debtor does not pay or raise a pre-existing dispute within 10 days, the creditor may file under Section 9. three-number-round NCLT Chennai Bench has jurisdiction to admit CIRP applications against corporate debtors registered in Tamil Nadu and Puducherry. four-number-round On admission of a CIRP application, the NCLT declares a moratorium under Section 14, suspending all suits, executions, and asset transfers against the corporate debtor. five-number-round The CIRP must be completed within 180 days of the admission order, extendable to 330 days in total including litigation, under Section 12. six-number-round A creditor aggrieved by an NCLT order may appeal to the National Company Law Appellate Tribunal (NCLAT) under Section 61 of the IBC within 30 days of the order. The IBC, 2016 gives both financial and operational creditors a structured route to recover dues from a corporate debtor  without waiting for a civil decree. The process forces the debtor into a time-bound resolution under the supervision of NCLT Chennai, and if resolution fails, into liquidation. Aran Law advises creditors on preparing and filing CIRP applications before NCLT Chennai and on representing their interests before the Committee of Creditors. For related debt recovery remedies, see our debt recovery practice page. Is the IBC, 2016 the right route for your debt? The IBC, 2016 is in force. The minimum default threshold for filing was revised from ₹1 lakh to ₹1 crore by a notification dated 24 March 2020. The IBC applies only to corporate debtors  companies and limited liability partnerships. It does not apply to individuals, partnership firms, or proprietorships; those debtors are covered under the separate personal insolvency framework under Parts III and IV of the IBC, which have not yet been fully notified. Which forum hears IBC creditor applications? Section 60 of the IBC vests jurisdiction in the National Company Law Tribunal (NCLT) over all CIRP applications, liquidation proceedings, and related matters. NCLT Chennai Bench has jurisdiction over corporate debtors with their registered offices in Tamil Nadu and Puducherry. Appeals from NCLT Chennai lie to the NCLAT under Section 61, and further to the Supreme Court of India under Section 62. Financial creditor Files under Section 7. Debt must arise from a financial contract loan, bond, debenture, guarantee. No prior demand notice required Operational creditor Files under Section 9 after serving a Section 8 demand notice. Debt arises from supply of goods or services, employment, or statute Decree holder / other A creditor holding a court decree may file under Section 9 as an operational creditor if the decree relates to an operational debt. Only a “creditor” as defined under Section 3(10) of the IBC may file a CIRP application. A “financial creditor” is defined under Section 5(7) and a “financial debt” under Section 5(8). An “operational creditor” is defined under Section 5(20) and an “operational debt” under Section 5(21). Creditors must confirm their classification carefully before filing, as the wrong application form or the wrong section will result in rejection. What is the step-by-step CIRP process for creditors? Demand notice — Section 8 (operational creditors only) An operational creditor must serve a demand notice in Form 3 or Form 4 on the corporate debtor. The debtor has 10 days to pay the debt or raise a notice of dispute. If neither occurs, the creditor may file under Section 9. Financial creditors proceed directly to filing under Section 7 — no demand notice is required. File application before NCLT Chennai — Section 7 or Section 9 The application must be in the prescribed form (Form 1 for Section 7; Form 5 for Section 9) and accompanied by the prescribed documents — evidence of default, record of debt, and proof of demand notice (for Section 9). NCLT Chennai must ascertain the completeness of the application within 7 days. Admission, moratorium, and IRP appointment — Section 13 and Section 14 On admission of the application, NCLT Chennai passes an order declaring the moratorium under Section 14, appointing an Interim Resolution Professional (IRP), and directing public announcement. The moratorium stays all proceedings against the corporate debtor. The CIRP clock starts from the admission date. Committee of Creditors and resolution plan — Sections 18–31 The IRP constitutes a Committee of Creditors (CoC) comprising all financial creditors. The CoC votes on resolution plans submitted by resolution applicants. A plan approved by 66% of the CoC voting share is placed before NCLT Chennai for approval. If no plan is approved within the statutory period, NCLT orders liquidation under Section 33. What orders can NCLT Chennai pass and what can creditors recover? NCLT Chennai, on and after admission of a CIRP application, may pass the following orders: Moratorium order (Section 14) prohibits institution or continuation of any suit or proceeding, execution of judgments, transfer of assets, and enforcement of security interests against the corporate debtor. Approval of resolution plan (Section 31) plan approved by NCLT is binding on the corporate debtor, its employees, members, creditors, guarantors, and all stakeholders. Moratorium order (Section 14) prohibits institution or continuation of any suit or proceeding, execution of judgments, transfer of assets, and enforcement of security interests against the corporate debtor. Liquidation order (Section 33) Where no resolution plan is approved within the statutory period, NCLT orders liquidation and the assets are distributed in the waterfall under Section 53. Rejection of application Where NCLT finds no default, a pre-existing dispute (in Section 9 cases), or procedural non-compliance, the application is rejected and the … Read more

MSME Payment Recovery: Legal Remedies for Delayed Payments Under the MSMED Act You supplied the goods. You raised the invoice. The buyer has gone quiet. If you are a registered micro or small enterprise, the delay may not just be a commercial problem it may give you a statutory claim for the principal amount together with interest. Talk to an MSME Payment Recovery lawyer Statement of Account STATEMENT OF ACCOUNT ILLUSTRATIVE ONLY Invoice INV-2287 Goods accepted 12 Mar 2026 Agreed credit period 45 days Payment due 26 Apr 2026 Days elapsed since due date 107 Principal outstanding ₹18,40,000 Where a supplier is an eligible micro or small enterprise, Section 16 provides for compound interest with monthly rests at three times the RBI bank rate from the appointed day. Figures are illustrative and not a calculation of any actual claim. ILLUSTRATIVE NOT A CLAIM Unpaid invoices are rarely a paperwork problem. They are a cash-flow problem payroll, GST liabilities, raw-material purchases and the next order all depend on money that a buyer is holding on to. The Micro, Small and Medium Enterprises Development Act, 2006 was drafted with exactly this situation in mind, and it gives eligible suppliers a route that does not begin with a civil suit. This page is for suppliers who already have an overdue amount and want to understand the recovery routes available, what each one demands, and where professional assistance actually makes a difference. It is a working guide to remedies, not a full statutory commentary for the complete statutory position, filing procedure and interest mechanics, see our complete MSME Samadhaan filing and interest guide. MSME Payment Recovery in India “MSME payment recovery” describes the steps a micro or small enterprise takes to realise money owed by a buyer for goods supplied or services rendered. In practice, the situations that reach a lawyer fall into a handful of recognisable shapes: Invoices simply unpaid. Supply is admitted, quality was never questioned, and the buyer is stretching working capital at the supplier’s cost. Payment delayed well past the agreed credit period. Part payments arrive sporadically, each one resetting the supplier’s patience but not the legal position. Contractual payment disputes. The buyer relies on a retention clause, a milestone that it says was never achieved, or a set-off against some other transaction. Disputes raised after demand. Quality or shortfall objections surface for the first time only after a payment reminder or notice is issued. Government departments, PSUs and large corporate buyers. Payment is stuck in an internal approval chain rather than genuinely disputed. Depending on the facts, a claim may cover the principal outstanding, statutory interest where the MSMED Act applies, and costs associated with the proceeding. What a supplier can realistically recover, and by which route, turns on eligibility, documentation and the buyer’s conduct not on the size of the invoice alone. Legal intervention is usually worth considering once reminders have stopped producing responses, once the buyer begins raising objections that were never raised at the time of supply, or once the outstanding amount is large enough that continued delay threatens the supplier’s own obligations. When Can an MSME Recover Delayed Payments Under the MSMED Act? The delayed-payment machinery in Chapter V of the MSMED Act is not available to every business with an unpaid invoice. Three questions decide it. Is the supplier eligible? Chapter V protects a supplier a micro or small enterprise holding the requisite registration. Medium enterprises are outside the delayed-payment protection, and courts have taken the position that registration should precede the contract for the benefit to be claimed on that transaction. A supplier who registered only after the dispute arose should expect this to be contested. Is the buyer within the payment obligation? Section 15 requires a buyer to pay on or before the date agreed in writing, and where there is no such agreement, before the appointed day. Critically, an agreed credit period cannot exceed forty-five days from the day of acceptance or deemed acceptance of the goods or services. A contract stipulating ninety-day or one-eighty-day terms does not displace that statutory ceiling. What can be claimed? Section 16 makes the buyer liable to pay compound interest, with monthly rests, at three times the bank rate notified by the Reserve Bank of India, running from the appointed day. Section 17 confirms liability for the amount due together with that interest. Section 18 is the dispute-resolution gateway the reference to the Micro and Small Enterprises Facilitation Council. Buyers also face a tax consequence for delay. Clause (h) of Section 43B of the Income-tax Act, 1961 restricts a buyer’s deduction for sums payable to micro and small enterprises beyond the MSMED Act timeline to the year of actual payment. See our note on Section 43B(h) and delayed MSME payments it is often the most effective commercial lever available before proceedings begin. The full eligibility framework, the appointed-day calculation and worked interest examples are set out on our complete MSME Samadhaan filing and interest guide. Legal Options for MSME Payment Recovery There is no single correct route. The right one depends on the documents, the transaction, the buyer’s stated position and the law applicable to the contract. The options below are alternatives to be assessed, not a sequence to be run in parallel by default pursuing multiple proceedings on the same cause of action can create jurisdictional problems rather than pressure. Direct negotiation and a documented demand Often the cheapest route, and it builds the record. Written reminders, a ledger confirmation request and a reference to the buyer’s Section 43B(h) exposure frequently move payments that phone calls have not. Legal demand notice A notice from counsel setting out the supply, the amount, the statutory position and the consequences of continued default. It signals seriousness, invites the buyer to state any genuine dispute in writing, and gives the supplier a document to rely on later. MSME Samadhaan / MSEFC proceedings The statutory route under Section 18 for eligible suppliers conciliation first, then arbitration. Discussed in the next section. Arbitration under a contractual … Read more

SARFAESI Act Recovery Proceedings: A Step-by-Step Guide for Secured Creditors By Suresh Kumar, Aran Law Firm Tamil Nadu, India 12 min read Updated July 2026 Key Facts — SARFAESI Act Recovery in India one-number-round Under Section 13(2), a secured creditor must serve a 60-day demand notice before taking enforcement action. two-number-round The Act applies where outstanding dues exceed ₹1 lakh and a registered security interest exists. three-number-round Enforcement under Section 13(4) requires no court order — the secured creditor acts unilaterally. four-number-round Borrowers may challenge enforcement at DRT Chennai under Section 17 within 45 days of the measure. five-number-round Section 14 allows the secured creditor to seek CMM/DM assistance for physical possession without a civil suit. six-number-round Section 34 bars civil courts from entertaining injunctions against SARFAESI enforcement actions. Enforcement of a security interest under the SARFAESI Act, 2002 shifts the default resolution burden away from civil courts and onto the secured creditor provided the creditor follows the statutory sequence precisely. A single procedural misstep at the notice stage or the possession stage can expose the entire enforcement action to challenge before DRT Chennai. Is the SARFAESI Act, 2002 currently in force and applicable? The SARFAESI Act, 2002 is in force. It was substantially amended by the Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Act, 2016, which revised the minimum threshold and introduced timelines for District Magistrate action under Section 14.   Which forum has jurisdiction under the SARFAESI Act? Section 34 expressly bars civil court jurisdiction. The primary forums are the secured creditor itself (out-of-court enforcement), the District Magistrate or Chief Metropolitan Magistrate (possession assistance), and DRT Chennai (borrower challenges and recovery certificates). District Magistrate / CMM · Section 14 — Possession Assistance Where a borrower refuses to yield possession, the secured creditor may apply to the CMM (Chennai) or DM (other districts in Tamil Nadu) for an order directing police assistance. The magistrate must act within 30 days. DRT Chennai · Section 17 — Borrower Challenge & Recovery Certificate DRT Chennai hears Section 17 applications from borrowers aggrieved by Section 13(4) measures, and processes recovery certificate applications from secured creditors after sale. A borrower filing under Section 17 must deposit 50% of the amount claimed unless the DRT reduces this on sufficient cause.  What is the step-by-step enforcement process? Demand notice (Section 13(2)) Serve a written demand on the borrower and guarantors specifying the outstanding amount and calling for discharge within 60 days. Must comply with Rule 3 of the Security Interest (Enforcement) Rules, 2002 in form and service. Enforcement measures (Section 13(4)) After the demand notice period, the creditor may take possession of secured assets, take over management, appoint a manager, or require third-party payments all without court intervention. Possession notice must be published under Rule 8. Demand notice (Section 13(2)) Sale is conducted by public auction or private treaty following a sale notice under Rule 8(6). current rule number and notice period. Where sale proceeds fall short, the creditor applies to DRT Chennai for a recovery certificate for the balance. What orders can DRT Chennai pass? On a Section 17 application, DRT Chennai may grant the following relief: Restoration of possession Where enforcement measures were procedurally deficient. Compensation to borrower Payable by the creditor if possession was taken wrongfully (Section 17(3)). Confirmation of enforcement Where no procedural infirmity is found, the sale proceeds. Recovery certificate Issued under Section 19, RDBA 1993, for the balance after sale. Stay of sale Available from DRT or DRAT pending hearing, typically subject to pre-deposit. Appeals from DRT Chennai lie to DRAT within 30 days.  The Madras High Court exercises supervisory jurisdiction under Article 227 and writ jurisdiction under Article 226 over DRT and DRAT orders. FAQ 1.Can a borrower stop a SARFAESI enforcement action by filing in a civil court? No. Section 34 of the SARFAESI Act, 2002 expressly bars civil courts from entertaining any suit in respect of matters the DRT is empowered to determine. A civil court cannot grant an injunction to restrain enforcement action. The correct forum is DRT Chennai under Section 17, within 45 days of the enforcement measure being taken.  2.What is the time limit for a borrower to challenge a SARFAESI enforcement action? A borrower must file a Section 17 application before DRT Chennai within 45 days of the date the Section 13(4) measure was taken. Missing this period without sufficient cause may result in dismissal, leaving the creditor free to proceed with sale. 3.Where should a secured creditor file SARFAESI-related recovery proceedings in Tamil Nadu? DRT Chennai has territorial jurisdiction over Tamil Nadu and Puducherry. For possession assistance, the CMM (Chennai city) or the relevant District Magistrate (other districts) has Section 14 jurisdiction. Appeals from DRT Chennai lie to DRAT.  4.What can DRT Chennai order in a Section 17 application? DRT Chennai may restore possession if enforcement was procedurally deficient, award compensation to the borrower, confirm the enforcement and allow the sale to proceed, or issue a recovery certificate for the balance after sale. The DRT cannot adjudicate contractual disputes outside the SARFAESI framework. 5.How does SARFAESI enforcement differ from a recovery suit before DRT under the RDB Act, 1993? SARFAESI enforcement under Section 13 is an out-of-court remedy — the secured creditor acts unilaterally without filing before DRT; the tribunal becomes involved only if the borrower files a Section 17 challenge. An Original Application under the RDB Act, 1993 requires the creditor to initiate proceedings before DRT Chennai and obtain a recovery certificate after adjudication. SARFAESI is faster for clear, uncontested security interests but is available only to statutory secured creditors. For Enquiry Reviewed by Adv.Shunmugapriya Kanagasabai Principal Associate 8 min read Last reviewed 13 Jul 2026 Last updated 13 Jul 2026

Debt Recovery Tribunal (DRT) Proceedings in India: Debt Recovery Tribunal (DRT) Proceedings in India: By Suresh Kumar, Aran Law Firm Tamil Nadu, India 9 min read Updated July 2026 Key Facts —DRT proceedings in India one-number-round The Debt Recovery Tribunal operates under the Recovery of Debts and Bankruptcy Act 1993 (RDB Act); DRT Chennai has jurisdiction over Tamil Nadu and Puducherry. two-number-round Only banks and financial institutions as defined under Section 2(d) of the RDB Act can file an Original Application (OA) before the DRT individual creditors cannot. three-number-round The minimum debt threshold to file before the DRT is ₹20 lakh; claims below this threshold must be pursued in civil court. four-number-round A borrower or guarantor defendant can file a Counter Claim under Section 19(8) of the RDB Act within 30 days of receiving the OA notice. five-number-round The Presiding Officer of the DRT must endeavour to dispose of an OA within 180 days of filing under Section 19(2A) of the RDB Act. ] six-number-round Appeals from DRT orders lie to the Debt Recovery Appellate Tribunal (DRAT) under Section 20 pre-deposit of 50% of the debt amount is required to file an appeal (Section 21). Does the RDB Act 1993 apply to your debt recovery situation? The RDB Act 1993 applies exclusively to recovery proceedings initiated by scheduled banks, nationalised banks, and financial institutions notified under Section 2(d) of the Act. If you require assistance with proceedings under this framework, experienced DRT lawyers in Chennai can advise on jurisdiction, recovery applications, and enforcement before the Tribunal. Which forum hears DRT matters and what is its jurisdiction? DRT Chennai is established under Section 3 of the RDB Act and exercises exclusive jurisdiction over debts due to banks and financial institutions where the amount claimed is at or above the prescribed threshold. The Presiding Officer of the DRT is a judicial officer of the rank of District Judge. Appeals go to the Debt Recovery Appellate Tribunal (DRAT), and from DRAT, further challenges lie before the Madras High Court under Article 226 of the Constitution. DRT Chennai Original Applications (OAs) for debt recovery, interim orders, attachment before judgement, securitisation challenges under SARFAESI Act 2002. DRAT Chennai Appeals from DRT orders under Section 20 of the RDB Act. Pre-deposit of 50% of debt amount is required to maintain an appeal. Madras High Court Writ jurisdiction under Article 226 of the Constitution to challenge DRAT orders or fundamental procedural illegality in DRT proceedings. Only banks and financial institutions defined under Section 2(d) of the RDB Act  scheduled banks, nationalised banks, the State Bank of India and its subsidiaries, and institutions specifically notified by the Central Government  can file an OA. Borrowers, mortgagors, and guarantors are respondents/defendants, not applicants, unless they file a counter-claim or a separate application to challenge SARFAESI action. Who can appear and be represented before the DRT? Parties before the DRT may be represented by advocates. The RDB Act does not restrict advocacy appearances; standard rules of court representation apply. For banks and financial institutions The bank or NBFC files the OA through its authorised officer. Recovery officers and in-house legal teams coordinate with external advocates for pleadings, evidence, and hearings before DRT Chennai. At Aran Law, we advise and represent banks and financial institutions in OA filings, interim relief applications, and post-decree recovery steps before DRT Chennai. For borrowers and guarantors A borrower or guarantor named as defendant receives notice of the OA and must file a written statement and any counter-claim within the time allowed by the Tribunal. A defendant who does not appear risks an ex parte order being passed against them. At Aran Law, we advise borrowers and guarantors on filing written statements, counter-claims, and applications to set aside ex parte orders before DRT Chennai. What is the step-by-step DRT proceeding process? A DRT proceeding begins with the filing of an Original Application and follows a structured sequence. Understanding each stage helps both applicants and defendants protect their position. one-number-round Filing of Original Application — Section 19 The bank or financial institution files an OA accompanied by the loan documents, security creation documents, statement of accounts, and a certificate from the authorised officer. The OA must include particulars of the debt, the default, and the relief claimed. Court fees are payable on a slab basis. two-number-round Notice, written statement, and interim orders The DRT issues notice to all defendants. The defendant must file a written statement within the time granted. Either party may apply for interim relief — the bank may seek attachment before judgement; the borrower may seek a stay on SARFAESI action. Section 19(2A) mandates the Tribunal to endeavour disposal within 180 days. three-number-round Evidence, arguments, and final order — Section 19(25) & Section 25 Parties file affidavits of evidence and documents, cross-examine witnesses, and advance arguments. The Presiding Officer passes a final order, which may direct payment of the debt with interest and costs, or dismiss the OA. The Recovery Officer then executes the order through attachment and sale of property. When can a borrower challenge SARFAESI action at the DRT? A borrower aggrieved by action taken by a secured creditor under the SARFAESI Act 2002 — such as possession of mortgaged property or sale notice — can file a Securitisation Application (SA) before the DRT under Section 17 of the SARFAESI Act. The application must be filed within 45 days of the date of action complained of.The DRT may stay the SARFAESI action pending hearing if prima facie grounds are made out. What orders can the DRT pass and how are they enforced? The DRT has wide powers to grant relief in favour of the applicant bank or financial institution and, on a counter-claim, in favour of the defendant. The following are the principal orders the Tribunal can make: Recovery certificate: A final order directing the defendant to pay the debt with interest at the contractual or Tribunal-determined rate, plus costs. The Recovery Certificate is executed by the Recovery Officer. Attachment before judgement: … Read more