Doom Infratech Limited, a public company engaged in infrastructure development and construction of large public projects, has recently been facing severe financial difficulties due to project delays, escalating operation

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2026
Doom Infratech Limited, a public company engaged in infrastructure development and construction of large public projects, has recently been facing severe financial difficulties due to project delays, escalating operational costs and increasing debt obligations. A consortium of financial institutions and banks, which had extended substantial credit facilities to the company, has filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 before the National Company Law Tribunal (NCLT) seeking initiation of the Corporate Insolvency Resolution Process (CIRP) against the company on the ground of default in repayment of financial debt. Simultaneously, the Securities and Exchange Board of India (SEBI) has issued a Show Cause Notice to Doom Infratech Limited alleging violations of disclosure obligations under the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015. SEBI has proposed to initiate penal proceedings against the company for failure to make timely and accurate disclosures to investors. Further complicating the situation, the Competition Commission of India (CCI) has initiated an investigation against Doom Infratech Limited and several other industry participants on allegations of bid rigging and anti-competitive conduct in public infrastructure tenders. In light of these regulatory and legal challenges, the Board of Directors of Doom Infratech Limited has decided to engage a Company Secretary in Practice to represent the company before the relevant authorities and to advise the company on appropriate legal strategies. As a Company Secretary advising the company, outline an appropriate legal and representation strategy before the National Company Law Tribunal in relation to the Corporate Insolvency Resolution Process initiated under the Insolvency and Bankruptcy Code, 2016.

Answer & Explanation:

Legal & Representation Strategy before NCLT (CIRP under IBC, 2016) As a Company Secretary in Practice, the strategy should be divided into Admission Stage, Defence Strategy, Corporate Insolvency Resolution Process (CIRP) Stage, Pleadings & Advocacy, with proper legal backing. As advisor, strategy must align with the Insolvency and Bankruptcy Code, 2016. First, examine the Section 7 application to verify existence of financial debt and default. If defects exist, file a Reply/Objection challenging maintainability. If default is evident, adopt a resolution-oriented approach by cooperating with the Interim Resolution Professional (IRP) and preserving going concern status. Second, explore pre-admission settlement under Section 12A (with creditor consent) to avoid CIRP. Third, ensure proper representation before NCLT, including filing vakalatnama/ authorisation and all financial records. Fourth, assist in constitution of Committee of Creditors (CoC) and facilitate submission of a viable Resolution Plan.

Topics: Insolvency and Bankruptcy Code, 2016

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