In short. The National Company Law Tribunal (NCLT) in New Delhi hears insolvency cases against companies registered in Delhi and company law disputes such as oppression and mismanagement, restoration of struck-off companies and mergers. Admission of an insolvency petition often takes several months, and resolution can take a year or more. Appeals go to the NCLAT, then the Supreme Court, not the Delhi High Court. Start by checking where the company's registered office is and collecting the invoices, loan papers or shareholding records. This is a private law firm website, not the tribunal's.
Is this your situation?
- A company registered in Delhi owes you money for goods or services and has stopped paying.
- Your bank or a lender has filed an insolvency petition against your company before the NCLT in New Delhi.
- You are a director or promoter and an interim resolution professional has taken over your company.
- You are a minority shareholder in a Delhi company and the majority is shutting you out of management or diluting your stake.
- The Registrar of Companies has struck off your company's name and you want it restored.
- You have given a personal guarantee for a company loan and have received an insolvency notice yourself.
- The NCLT has passed an order against you and you want to know whether to appeal.
What the NCLT in New Delhi is and what it decides
The National Company Law Tribunal is the forum for corporate insolvency under the Insolvency and Bankruptcy Code 2016 (IBC) and for most disputes under the Companies Act 2013. Its Principal Bench, where the President of the tribunal sits, and its New Delhi benches function from the CGO Complex on Lodhi Road. Check the NCLT website for the current address, the allocation of court rooms and the cause lists, because benches are reconstituted from time to time.
The NCLT took over company matters from the High Courts and the Company Law Board in 2016. Before that, winding up, schemes of arrangement and many company disputes were heard on the company side of the Delhi High Court. Today the Delhi High Court is no longer the first forum for these cases, and a civil suit on a matter the NCLT can decide is barred by Section 430 of the Companies Act and Section 63 of the IBC.
This is a private law firm website, not the website of the NCLT. Official cause lists, case status and orders are on the NCLT's own website. Our sister site ncltlawyers.in covers NCLT procedure in more detail. This page explains how cases in New Delhi run and how they connect to the rest of the system.
Which cases go to the NCLT in New Delhi, and which go elsewhere
- Companies registered in Delhi. Under Section 60 of the IBC, a corporate insolvency case is filed before the NCLT bench having jurisdiction over the place where the company's registered office is located. For a company registered in Delhi, that means the Principal Bench or a New Delhi bench.
- Not Noida, Ghaziabad or Gurugram companies. A company registered in Noida or Ghaziabad goes to the NCLT bench at Prayagraj, which covers Uttar Pradesh. A company registered in Gurugram or Faridabad goes to the Chandigarh bench. The location of a factory or office does not matter; the registered office does. Check the company master data on the MCA portal.
- Personal guarantors of Delhi companies. Insolvency against a personal guarantor of a corporate debtor is filed before the same NCLT bench that has jurisdiction over the company, under Section 60(2) of the IBC.
- Not individuals and firms in general. Insolvency of individuals who are not personal guarantors, and of partnership firms, belongs to the Debts Recovery Tribunal under Part III of the IBC, to the extent those provisions are in force.
- Company law disputes of Delhi companies. Oppression and mismanagement, restoration of struck-off companies, rectification of the register of members, schemes of compromise and merger, reduction of capital and winding up of companies registered in Delhi.
- Not every company dispute. Fast-track mergers of small companies go to the Regional Director. Compounding of some offences is done by the Regional Director or the NCLT depending on the penalty. Prosecutions for company fraud go to the special courts, and SFIO investigations run separately; see our page on SFIO investigation and company fraud cases.
The provisions that matter before the NCLT
Sections 7, 9 and 10, Insolvency and Bankruptcy Code 2016
Section 7 lets a financial creditor, such as a bank, NBFC or financial lender, start the corporate insolvency resolution process (CIRP). Section 9 lets an operational creditor, such as a supplier, contractor or employee, do the same after serving a demand notice under Section 8. Section 10 lets the company itself apply. The minimum default for starting a CIRP has been Rs 1 crore since March 2020.
Sections 12, 14, 12A and 29A, IBC
Section 12 sets the time for the CIRP: 180 days, extendable by 90, with an outer limit of 330 days including litigation, though the Supreme Court has said the outer limit is not rigid in every case. Section 14 imposes a moratorium on suits and recovery against the company once a CIRP begins. Section 12A allows withdrawal after admission with the approval of 90 per cent of the committee of creditors. Section 29A bars certain persons, including some promoters, from submitting resolution plans.
Sections 95 to 100, IBC
Insolvency resolution for personal guarantors of corporate debtors. The Supreme Court upheld these provisions in Dilip B. Jiwrajka v. Union of India (2023).
Sections 241 to 244, Companies Act 2013
A member can apply to the NCLT for relief against oppression and mismanagement. Section 244 requires a minimum holding, generally one-tenth of the members or of the issued share capital for a company with share capital, but the NCLT can waive this. Section 242 gives the NCLT wide powers, from regulating the company's affairs to ordering a buy-out.
Sections 59, 230 to 232, 252 and 421, Companies Act 2013
Section 59 covers rectification of the register of members. Sections 230 to 232 govern schemes of compromise, arrangement and merger. Section 252 allows restoration of a company struck off by the Registrar. Section 421 provides an appeal to the National Company Law Appellate Tribunal (NCLAT) within 45 days, extendable by up to 45 days for sufficient cause.
Insolvency petitions by banks and financial creditors
A financial creditor's petition under Section 7 is decided on two questions: is there a financial debt, and has there been a default of at least Rs 1 crore? Banks prove default through the loan agreement, the statement of account and, increasingly, a record from an information utility. The company is heard before admission, but arguments about why it defaulted, or that a settlement is close, rarely stop admission once default is proved.
Homebuyers are financial creditors too, but a petition by allottees of a real estate project must be filed by at least 100 allottees or one-tenth of the total allottees of the same project, whichever is less. This threshold, added in 2020, often decides whether homebuyers in a stalled Delhi project can use the NCLT at all.
For the company, the real negotiation usually happens before admission. A credible repayment proposal, a one-time settlement in discussion with the lender, or restructuring under RBI rules may persuade the lender to seek adjournments or withdraw. Once the petition is admitted, the board is suspended and control passes to the resolution professional. If the lender has also labelled the account as fraud or the promoters as wilful defaulters, that is a separate fight, discussed on our page on loan fraud and wilful defaulter writs.
Operational creditors: suppliers, contractors and service providers
An operational creditor must first serve a demand notice under Section 8 of the IBC, in the prescribed form, on the company. The company has ten days to pay or to point out a pre-existing dispute. If it does neither, the creditor can file under Section 9.
The pre-existing dispute test, laid down in Mobilox Innovations v. Kirusa Software (2017), is where most Section 9 petitions fail. If, before the demand notice, the company had raised a real complaint about quality, short supply or delay, the NCLT will usually reject the petition, without deciding who is right. The NCLT does not try such disputes; it is not a debt collection forum. An email from the buyer six months earlier complaining about defective goods can end the case.
Before choosing the IBC, a supplier should look honestly at the correspondence. If the debt is clear and undisputed and the company is solvent, a demand notice often produces payment, because the directors do not want to lose control. If there is a genuine dispute, a recovery suit, a summary suit or arbitration is the right road. Our pages on summary suits and commercial suits in the Delhi High Court explain those options.
For directors and promoters of a company facing insolvency
Once an insolvency petition is admitted, an interim resolution professional takes charge, the board of directors is suspended, and a moratorium protects the company from suits, recovery and enforcement of security. Directors must hand over records and cooperate. Refusing to cooperate can lead to orders against them under Section 19 of the IBC.
The moratorium protects the company, not its directors personally. In P. Mohanraj v. Shah Brothers Ispat (2021), the Supreme Court held that cheque bounce proceedings against the company are covered by the moratorium, but proceedings against directors can continue. Personal guarantors can face their own insolvency process. Promoters who want to bid for the company must check whether Section 29A disqualifies them.
There is still room to settle. Before admission, the creditor may agree to withdraw. After admission but before the committee of creditors is formed, the NCLT can allow withdrawal on settlement; after that, Section 12A needs 90 per cent creditor approval. When Advocate B.K. Singh is asked to advise promoters at this stage, he first maps every creditor, every guarantee and every pending case against the directors, because the insolvency petition is usually only one of several fronts.
Company law cases: oppression, restoration, rectification and schemes
Oppression and mismanagement petitions under Sections 241 and 242 are common among Delhi family companies and closely held businesses: a brother removed as director without notice, a share allotment that reduces a minority holder's stake, siphoning of funds to a related concern. The NCLT looks at whether the conduct is burdensome, harsh and wrongful, not merely whether the petitioner disagrees with a business decision. The Supreme Court's judgment in Tata Consultancy Services v. Cyrus Investments (2021) is a reminder that removal from a board, by itself, is not oppression.
Restoration under Section 252 is often straightforward but document-heavy. If the Registrar of Companies struck off your company for not filing returns, an appeal within three years, or an application by the company, a member or a creditor within twenty years, can restore it, usually on condition of filing all pending returns and paying fees and costs. The Registrar of Companies for the NCT of Delhi and Haryana is the respondent for Delhi companies.
Schemes of merger, demerger and arrangement under Sections 230 to 232 involve meetings of shareholders and creditors, notices to regulators and the income tax department, and a final hearing. Rectification of the register of members under Section 59 is used when shares were transferred without consent or a transfer was wrongly refused.
How an insolvency petition moves through the NCLT in New Delhi
The sequence below describes a creditor's petition under Section 7 or Section 9. Company law petitions follow a similar pattern of filing, notice, reply and hearing.
Check jurisdiction and the threshold
Confirm from the MCA records that the company's registered office is in Delhi and that the default is at least Rs 1 crore. For an operational creditor, check the correspondence for any pre-existing dispute.
Demand notice (operational creditors)
Serve the Section 8 demand notice in the prescribed form at the registered office and by email. Wait ten days for payment or a reply.
File the petition online
The petition is filed through the NCLT's e-filing system, in the prescribed form, with the fixed fee, the proof of debt and default, and the name of a proposed interim resolution professional if the creditor chooses.
Notice and hearing on admission
The company is served and given a chance to reply. The bench hears both sides on whether a debt exists, whether there is a default and, for operational debts, whether a pre-existing dispute exists.
Admission or dismissal
If admitted, the CIRP begins, an interim resolution professional is appointed, the moratorium starts and a public announcement is made. If dismissed, the creditor can appeal or pursue other remedies.
Resolution process
The resolution professional collects claims, forms the committee of creditors and invites resolution plans. The NCLT hears applications on claims, avoidance transactions and disputes along the way.
Approval of a plan or liquidation
If a resolution plan is approved by the committee and the NCLT, it binds everyone. If no plan succeeds within time, the NCLT orders liquidation.
Admission was meant to happen within fourteen days of filing; in practice, in New Delhi as elsewhere, it often takes several months because of service, replies and the volume of cases.
Time and cost at each stage (typical ranges, not promises)
| Stage | Where | Typical time | Court fee and costs |
|---|---|---|---|
| Demand notice under Section 8 | Served on the company | 10 days for reply | No fee |
| Filing a Section 7 or Section 9 petition | NCLT, New Delhi (e-filing) | 1 to 3 weeks to prepare | Fixed fee under the NCLT rules, higher for financial creditors; check the current fee |
| Admission hearing | NCLT bench | A few months, sometimes longer | None beyond filing |
| CIRP after admission | NCLT and resolution professional | 180 to 330 days in law; often longer in practice | Resolution process costs borne by the process and creditors |
| Oppression and mismanagement petition | NCLT bench | Interim orders in weeks; final decision in 1 to 3 years | Fixed fee under the NCLT rules |
| Restoration of a struck-off company | NCLT bench | A few months | Fixed fee plus costs and pending ROC fees |
| Appeal | NCLAT, New Delhi | Filed within 30 days (IBC) or 45 days (Companies Act), with limited extension; decided in months to years | Fixed fee under the NCLAT rules |
| Further appeal on a question of law | Supreme Court | Months to years | Supreme Court court fee; check the current court fee |
Papers to collect before you meet a lawyer
For a creditor
- Contract, purchase orders, work orders or loan agreement
- Invoices, delivery challans and acknowledgements
- Ledger account and bank statements showing what was paid
- Emails and letters exchanged with the company, especially any complaints
- Section 8 demand notice, proof of service and any reply
- Company master data from the MCA portal
For a company or its directors
- Petition and notice received from the NCLT
- Loan documents, sanction letters, restructuring or OTS correspondence
- Audited balance sheets for three years
- List of creditors, guarantees and pending cases
- Board resolutions authorising the reply
For a shareholder dispute
- Memorandum and articles of association
- Shareholders' agreement, if any
- Register of members and share certificates
- Notices, minutes and resolutions of board and general meetings
- Form filings with the Registrar of Companies showing the disputed changes
Appeals: NCLAT, the Supreme Court, and where the Delhi High Court fits
An order of the NCLT in New Delhi is appealed to the National Company Law Appellate Tribunal, which also sits in New Delhi. Under Section 61 of the IBC the appeal must be filed within 30 days, with a further 15 days possible for sufficient cause; under Section 421 of the Companies Act the period is 45 days, extendable by up to 45 more. The NCLAT is strict about these limits, and it cannot condone delay beyond the extended period. Count from the date the order is pronounced or made available, and do not wait for the certified copy if the clock is close.
From the NCLAT, an appeal lies to the Supreme Court on a question of law, under Section 62 of the IBC or Section 423 of the Companies Act. Our page on Supreme Court appeals from Delhi explains that stage; the firm works with associate counsel and Advocates-on-Record for Supreme Court filings.
The Delhi High Court plays a limited part. It can hear writ petitions under Article 226 in exceptional cases, for example against a government or regulatory action affecting a company, or where the NCLT acts wholly without jurisdiction, but it will not let a writ be used to bypass the NCLAT. Some older winding-up cases filed before the 2016 transfer rules remain with the High Court. Disputes outside the NCLT's reach, such as recovery suits against solvent companies, arbitration petitions and execution of decrees, stay with the Delhi High Court or the district courts depending on value. See our page on writ petitions in the Delhi High Court.
IBC or a suit? Choosing the right forum for money owed by a company
The IBC is a powerful tool, but it is not a recovery mechanism. If a company admits the debt and can pay, a demand notice may produce payment. If the company disputes the debt, the IBC route will usually fail. If the company is truly insolvent, the IBC may give you a share in a resolution, often a fraction of what is owed, especially for operational creditors.
Where the debt is below Rs 1 crore, the IBC is not available at all. The options then are a commercial suit, a summary suit under Order 37 CPC for debts based on written contracts, invoices or cheques, arbitration if the contract has an arbitration clause, and a cheque bounce complaint if cheques have been dishonoured. See our pages on arbitration petitions in Delhi and money recovery suits.
If you already have a decree or an arbitral award against a company, execution is usually faster than starting insolvency, and our guide on executing a money decree against a company explains how attachment of bank accounts and assets works. An undisputed award can also support a Section 9 petition, but it is often better used directly.
Practical points about the NCLT in New Delhi
Filing is online through the NCLT's e-filing portal, and hard copies are filed as the current practice directions require. Each bench publishes its cause list on the NCLT website, usually a day or two ahead. Many matters are heard in hybrid mode, but the bench may ask for physical appearance, especially at final hearings.
The CGO Complex on Lodhi Road is near Jawaharlal Nehru Stadium metro station on the Violet Line. Security checks at the complex take time; carry identity proof and arrive well before the bench assembles. The Principal Bench and the New Delhi benches sit in different court rooms, so check the cause list for your court number.
Many NCLT matters are decided on short dates with tight time for argument. A written note of two or three pages, with the key documents flagged, is often more useful than a long oral argument. Advocate B.K. Singh prepares such notes for every substantive hearing, with the debt, the default date and the limitation date set out on the first page.
A made-up example: a supplier, a Section 9 petition and a quality complaint
Here's a made-up example. A packaging supplier in Okhla Industrial Area supplied cartons to a Delhi-registered food company over two years. By March, Rs 1.35 crore was unpaid. The supplier served a Section 8 demand notice. The company replied within ten days, pointing to three emails from its purchase manager, sent months earlier, complaining that cartons from two batches had collapsed in storage and that it would adjust the loss against dues.
The supplier still filed under Section 9 before the NCLT in New Delhi. At the admission hearing, the bench found that the emails showed a dispute existing before the demand notice. Applying Mobilox, it dismissed the petition without deciding whether the cartons were defective. Months had passed, and the supplier had paid fees and legal costs for a petition that was always weak.
The supplier then filed a commercial suit for recovery, after the mandatory pre-institution mediation under Section 12A of the Commercial Courts Act. Because the claim was below Rs 2 crore, the suit went to the district commercial court; a claim above that limit would have gone to the Commercial Division of the Delhi High Court. Had the supplier's lawyer read the emails first, the suit could have been filed months earlier.
Mistakes that hurt parties before the NCLT
- Filing in the wrong bench. A company registered in Noida goes to Prayagraj, not New Delhi, even if its office is in Connaught Place.
- Using the IBC for a disputed debt. A pre-existing dispute sinks a Section 9 petition.
- A defective demand notice. Wrong form, wrong address or wrong amount gives the company an easy objection.
- Ignoring the NCLT notice. Directors who do not appear at the admission stage lose the chance to settle or show that the debt is disputed.
- Missing the appeal deadline. The NCLAT cannot condone delay beyond the statutory extension.
- Forgetting personal exposure. Directors and guarantors often face cheque bounce cases, personal guarantor insolvency or fraud labels alongside the company case.
- Treating oppression as a business disagreement. The NCLT will not take sides in ordinary commercial decisions made by a properly constituted board.
What to do this week
- Check the company's registered office and status on the MCA portal.
- Work out the total default and the date of default, and see whether it crosses Rs 1 crore.
- Collect contracts, invoices, ledgers and all correspondence, and read the emails for any complaints.
- If you have received an NCLT notice, note the next date and gather the loan papers and balance sheets.
- If an order has been passed, note its date and work out the appeal deadline at once.
- List any related cases: cheque bounce, recovery suits, arbitration, SFIO or bank fraud proceedings.
- Get the papers read by a lawyer who practises before the NCLT and the Delhi High Court before taking a step.
Getting advice on an NCLT New Delhi case
We advise creditors, companies, directors, guarantors and shareholders on cases before the NCLT in New Delhi, on appeals to the NCLAT, and on the connected proceedings in the Delhi High Court and district courts. We will tell you if the IBC is the wrong tool for your problem. Clients meet us at our Dwarka office in Sector 7, near Ramphal Chowk, at our Vaishali, Ghaziabad office, or online. Fees are discussed at the first meeting and agreed in writing, stage by stage.
If you have an insolvency petition, a company dispute or an NCLT order you want examined, contact Advocate B.K. Singh for advice on your papers or for updates on the law.
Frequently asked questions
Where is the NCLT in New Delhi located?
The NCLT's Principal Bench and New Delhi benches function from the CGO Complex on Lodhi Road, near Jawaharlal Nehru Stadium metro station. Check the NCLT website for the current address, court rooms and cause lists.
Can I file an insolvency case in NCLT Delhi against a Noida company?
No. Jurisdiction depends on the company's registered office. A company registered in Uttar Pradesh goes to the NCLT bench at Prayagraj, and one registered in Haryana goes to the Chandigarh bench.
What is the minimum amount to file a case under IBC?
The minimum default for starting a corporate insolvency process has been Rs 1 crore since March 2020. For smaller debts, a recovery suit, summary suit, arbitration or cheque bounce complaint is the usual route.
How long does NCLT take to admit an insolvency petition?
The Code contemplates about fourteen days, but in practice admission often takes several months because of service, replies and the number of cases. No timeline can be promised.
Can a company stop an insolvency petition by paying the creditor?
Before admission, a settlement can lead the creditor to withdraw. After admission, withdrawal needs the NCLT's permission and, once the committee of creditors is formed, the approval of 90 per cent of it under Section 12A.
Where do I appeal against an NCLT New Delhi order?
Appeals go to the National Company Law Appellate Tribunal in New Delhi: within 30 days (extendable by 15) for IBC orders, and within 45 days (extendable by 45) for Companies Act orders. A further appeal on a question of law lies to the Supreme Court.
Can the Delhi High Court stop an NCLT case?
Only rarely. The High Court can hear a writ petition in exceptional cases, such as a complete lack of jurisdiction, but it does not allow writs to replace the appeal to the NCLAT. Civil suits on matters the NCLT can decide are barred.
Is this the official website of NCLT New Delhi?
No. This is a private law firm website. Official cause lists, case status and orders of the NCLT are on the tribunal's own website.