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Blogs & Articles


Unpaid Invoices Past 45 Days? Here's the Law Working in Your Favor as an MSME Registered Business.
This blog explains the legal remedies available to MSMEs facing delayed payments under the MSMED Act, 2006. It breaks down the statutory payment timeline and compound interest liability under Sections 15 and 16, the recovery route through the Micro and Small Enterprise Facilitation Council under Sections 17 and 18, and the 75% pre-deposit requirement under Section 19 that discourages buyers from using appeals as a delay tactic.
Adv. Bharat Nenwani
Sep 213 min read


Company Struck Off by the ROC? Here's Why That Might Not Be the End of the Road
This blog explains what happens when a company's name is struck off the ROC register on the Registrar's own motion under Section 248 of the Companies Act, and why that isn't necessarily final. It walks through the statutory remedy available under Section 252 — restoration of the company's name through the NCLT — including who can file such an appeal, the time limit involved, and the kind of documentary evidence the Tribunal typically expects before granting restoration.
Adv. Bharat Nenwani
Sep 153 min read


Arrests in India- Here's What the Law Actually Says About Your Rights (BNSS, 2023 Explained)
"Arrested in India? Here's what the law actually guarantees you. Under the new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, every arrested person has the right to know the grounds of arrest (Section 47 BNSS), the right to meet a lawyer during interrogation (Section 38 BNSS), and the right to be produced before a Magistrate within 24 hours. This guide breaks down your arrest rights under the new criminal law in plain, practical language — so you know exactly what to do if
Adv. Bharat Nenwani
Jul 144 min read


CIRP vs Liquidation under IBC: Is Insolvency the End or a Second Chance?
When a business hits financial distress, is insolvency the final curtain call—or the start of a revival? Under India’s Insolvency and Bankruptcy Code (IBC), companies face two starkly different paths: the Corporate Insolvency Resolution Process (CIRP), aimed at rescue and revival, or Liquidation, where closure becomes inevitable. The choice between these outcomes can decide whether a company’s story ends…or begins anew.
👉 Discover the critical distinction between CIRP and L
Adv. Bharat Nenwani
Jun 273 min read


Triggering CIRP: A Step-by-Step Breakdown of Sections 7 and 9 of the IBC, 2016
The #Insolvency and #Bankruptcy Code, 2016 (IBC) provides creditors with a structured mechanism to initiate the #Corporate Insolvency #Resolution Process (CIRP) against a defaulting corporate debtor. Depending upon the nature of the #debt, #creditors may invoke either Section 7 or Section 9 of the Code. While both provisions empower creditors to approach the National #Company #Law #Tribunal (NCLT) for commencement of #CIRP, the threshold requirements and procedural framework
Adv. Bharat Nenwani
Jun 242 min read


Understanding Cyber Law: The Impact of Account Freezing and Liens
The Rise of Cyber Complaints In recent times, many individuals have faced the unexpected shock of having their bank accounts frozen or marked with a lien. This situation often arises due to a cyber complaint filed at a remote police station, sometimes even in another state. Allegations of fraudulent transactions can lead to this distressing outcome. The catch is that you may have no direct involvement in the alleged fraud. You could find yourself trapped simply because someon
Adv. Bharat Nenwani
May 302 min read


Section 241 Vs Section 59: Which Remedy should an Oppressed Shareholder Choose?
While Section 241 provides a remedy against oppression and mismanagement in the affairs of the company, Section 59 focuses on rectifying the register of members and correcting shareholding records.
Adv. Bharat Nenwani
May 302 min read


What happens to your Personal Guarantee when the Company goes into Insolvency?
An important aspect here is that, the liability of a personal guarantor is not necessarily limited to the principal debt amount alone. It may also extend to interest payable on the principal debt amount, if otherwise provided in the contract of guarantee. Though, there’s a common assumption among the personal guarantors that the initiation of CIRP automatically extends them the benefit of moratorium. However, IBC provides this legal space to corporate debtors only, personal g
Adv. Bharat Nenwani
May 302 min read
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