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Insolvency · Recovery

Debt recovery and insolvency lawyers in Mumbai

When invoices stay unpaid, the right route depends on the amount, the paperwork and who owes it. Batavia Legal acts for creditors and businesses in recovery proceedings and before the National Company Law Tribunal.

Choosing the route

Recovery usually begins with a legal notice. If the debtor does not pay, the claim can be pursued by a summary suit or commercial suit, or, where the debtor is a company and the default meets the threshold under the Insolvency and Bankruptcy Code, 2016, by an application before the NCLT.

An operational creditor, such as a supplier or service provider, first serves a demand notice under section 8 of the Code and may apply under section 9 if the debt is not paid or disputed. Financial creditors apply under section 7. The minimum default for initiating insolvency against a company is currently one crore rupees.

What the firm handles

  • Legal notices for recovery of money
  • Demand notices under section 8 of the IBC
  • Insolvency applications before the NCLT, Mumbai Bench
  • Summary suits and commercial suits
  • Defending claims and replying to notices

Common questions

Is insolvency always the best way to recover dues?

Not always. Insolvency is a collective process for the company's creditors, not a debt collection tool, and the NCLT will reject an application if there is a genuine pre-existing dispute. A suit or negotiated settlement may suit the facts better.

What documents are needed?

Invoices, purchase orders or the contract, ledger statements, correspondence acknowledging the debt, and any notices already exchanged.

General information only. It is not legal advice for your situation.

Contact

Meetings are by prior appointment.

Office
E 1, Gala Nagar CHS,
Pandit Jawaharlal Nehru Road,
Mulund West, Mumbai 400 080
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Telephone & WhatsApp
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Hours
By appointment

Please do not send confidential information by email until an engagement has been confirmed in writing.

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