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When to Invoke a Performance Guarantee During Contractor CIRP
Performance bank guarantee invocation timing, termination, site plant, retention money and liquidated damages when a construction contractor enters CIRP.

Vikrant D. Shetty
3 days ago15 min read


The NCLAT's 45-Day Limit and When Condonation Still Works
An NCLAT appeal under section 61(2) of the IBC is capped at 45 days with no exception; section 421(3) of the Companies Act allows 90. When condonation works.

Vikrant D. Shetty
Oct 2511 min read


Realistic NCLT Timelines Between Filing and the First Hearing
Statutory NCLT timelines against observed reality: admission delays, the 330 day limit after Essar Steel, bench vacancies, and how to budget an IBC matter.

Vikrant D. Shetty
Oct 1911 min read


Pre-2016 Winding-Up Petitions and Their Transfer to the NCLT
Legacy winding-up petitions under the Companies Act, 1956: section 434, the Transfer of Pending Proceedings Rules, the transfer case law, and what counsel must check.

Vikrant D. Shetty
Oct 1712 min read


Litigation Hold and Records Retention Before an IBC Filing
Records retention and litigation hold before an NCLT filing: what proves debt and default, limitation under article 137, and section 19 duties after 2026.

Vikrant D. Shetty
Oct 1413 min read


How Interim Relief Applications Move Through the NCLT Registry
How urgent NCLT listing works: Rule 13 timelines, mentioning practice, interlocutory applications and the interim relief the Tribunal can and cannot grant.

Vikrant D. Shetty
Oct 315 min read


Bank Guarantee Expiry Management When the Beneficiary Enters CIRP
A bank guarantee is independent of the moratorium. How section 14(3)(b), expiry and claim periods, extend or pay demands and UCP 600 work when a party enters CIRP.

Vikrant D. Shetty
Sep 1312 min read


NCLT and Company Tribunal Filing Fees Explained
NCLT filing fees for section 7, 9 and 10 applications, oppression petitions, schemes and appeals, with the statutory basis, payment mode and refund position.

Vikrant D. Shetty
Sep 713 min read


How to Obtain and Execute Certified Copies of NCLT Orders
How to obtain a certified copy of an NCLT order in time, and how section 424(3) execution and section 425 contempt actually work against a defaulting party.

Vikrant D. Shetty
Sep 313 min read


Can In-House Counsel Appear Before the NCLT Without an Advocate?
Section 432 of the Companies Act and rule 45 of the NCLT Rules let a company secretary or in-house representative appear before the NCLT. The rules and the limits.

Vikrant D. Shetty
Sep 113 min read


Burden of Proof in Loan Recovery Suits
Money moves between businesses, partners, friends, and relatives constantly, and not every transfer is a loan. When a dispute reaches a civil court, the person who says a sum was lent and is now due for repayment does not get the benefit of the doubt just because money left one account and landed in another. Indian civil procedure puts the burden on that claimant to establish that a loan, in the legal sense, actually came into existence. What follows is what that burden invol

Vikrant D. Shetty
Aug 3010 min read


What a Section 41A Inquiry Into a Public Trust Involves
An inquiry into a public trust in Maharashtra, commonly called a Section 41A inquiry though the investigative power sits in Section 41B of the Maharashtra Public Trusts Act, 1950, lets the Charity Commissioner or a Deputy or Assistant Charity Commissioner summon witnesses, take evidence on oath and call for a trust's accounts, either on a written complaint or suo motu. The inquiry officer's findings are a recommendation only; they do not by themselves remove a trustee. Suspen

Vikrant D. Shetty
Aug 2710 min read


Clause XII Leave in Trademark Suits at the Bombay High Court
When a trademark suit on the Original Side of the Bombay High Court needs leave under Clause XII of the Letters Patent, how Section 134(2) of the Trade Marks Act adds a forum, the Sanjay Dalia limit on forum shopping, and joining passing off under Clause XIV.

Vikrant D. Shetty
Aug 279 min read


Types of Bail in India and How to Apply
Bail is the provisional release of an accused person from custody, on giving a security that they will appear before the court when required. It is a fundamental concept in criminal procedure: the pre

Vikrant D. Shetty
Aug 279 min read


What Public Trusts Must File With the Charity Commissioner Each Year
The Maharashtra Public Trusts Act, 1950 and the Bombay Public Trusts Rules, 1951 impose three separate annual obligations on trustees: a forward-looking budget under Section 31A, filed at least one month before the accounting year begins; an audited balance sheet and income and expenditure account under Sections 33 and 34, filed after the year closes; and a Section 58 contribution statement, Schedule IX-C, declaring income chargeable to the Public Trusts Administration Fund.

Vikrant D. Shetty
Aug 2411 min read


Interim Reliefs a Retiring Partner Can Seek from a Firm or LLP
A partner who retires from a firm or a limited liability partnership rarely walks away with a cheque in hand. What follows is usually a contested settlement of accounts, and throughout that period the continuing partners hold every asset, every bank mandate and every ledger on which the retiring partner's claim depends. Interim relief in such a dispute is often the only thing standing between a good claim and a worthless award. What follows sets out the categories of interim

Vikrant D. Shetty
Aug 2418 min read


Why Ledgers Alone Cannot Prove Liability in Indian Courts
Entries in books of account are relevant under Indian evidence law, but Section 34 of the Evidence Act and Section 28 of the Bharatiya Sakshya Adhiniyam bar them from alone fixing liability without independent corroboration.

Vikrant D. Shetty
Aug 2410 min read


How to E-File a First Petition Before the NCLT in 2026
A step-by-step guide to NCLT e-filing in 2026: registration, PDF/A pre-requisites, forms, fees, the diary number, registry objections and the seven day defect clock.

Vikrant D. Shetty
Aug 2414 min read


Scope of Judicial Review in Government Tenders in India
Indian courts reviewing a government tender decision ask only whether the process was arbitrary, discriminatory, or tainted by mala fides under Article 14 of the Constitution of India; they do not sit in appeal over the commercial wisdom of the decision. This limited standard, consolidated by the Supreme Court of India in Michigan Rubber (India) Ltd. v. State of Karnataka [(2012) 8 SCC 216], applies at every stage of a tender, from drafting conditions through the final award,

Vikrant D. Shetty
Aug 208 min read


How to Choose Between an FIR and a Private Complaint in India
Most people who want to report a crime to the police in India are familiar with the concept of an FIR. Fewer are aware that there is a separate legal route: a complaint filed directly before a magistr

Vikrant D. Shetty
Aug 189 min read
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