The Insolvency and Bankruptcy Code, 2016 lets a resolution professional or liquidator apply to set aside preferential, undervalued, extortionate and fraudulent transactions. What is usually missing is proof. The evidence is in the debtor’s own systems, the look-back periods are short, and the people who know what happened are often unwilling to say.
On appointment, I image and preserve the debtor’s systems, reconstruct the flow of funds, identify transactions that may be challenged under Sections 43 to 51 and 66 of the Code, and trace where value went, through related parties, layered accounts and offshore structures. The output is a filing pack, made up of the transaction narrative, the documentary chain, and certification of electronic evidence under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023.
Where the lenders’ forensic auditors are already in place, I can turn their audit into evidence that can be pleaded, and run the recovery side. The evidence is gathered the way it will be tested before the tribunal, and where proceedings are expected, the work is set up to support privilege.
An engagement can cover:
Work is scoped to the recovery the committee of creditors is willing to pursue. If you have an estate to examine, do reach out and I will take a look.