Can Practising Advocate present Application for Operational Creditor ?

686 votes

Yes. In nclt an advocate can file petition on Behalf of operational creditor under Section 9 of Insolvency and bankruptcy code. AND it is advisable to file through an advocate because of legal intricacy

Advocate Ranbir Singh Chhillar LawRato

596 votes

firstly, proceeding before NCLT are not for recovery, as such. The proceedings are to initiate Insolvency and bankruptcy. Secondly, an Advocate has power and authority to appear before any Court and Tribunal, as per Advocates Act, which authority is far greater than any other professional like a CA or CS. Thirdly, it will only be an Advocate who can guide and argue considering the legal aspects of a case, as he is the only professional trained to do so.
Hope the above is helpful. regards

LawRato LawRato

673 votes

Yes, A practicing advocate can represent application for recovery for Operational Creditor before the Insolvency Resolution Professional. You need to file a claim FORM before the IRP. There is a recent ruling by the Hon'ble Supreme Court on this issue.

Advocate Ashvini Kumar LawRato