If a company owes you money and will not pay, if someone has filed an insolvency case against your company, or if you are being squeezed out of a company you helped build, your case will most likely end up before the National Company Law Tribunal (NCLT). Appeals go to the National Company Law Appellate Tribunal (NCLAT), and from there to the Supreme Court.
NCLT cases move on strict timelines. A supplier who sends a defective demand notice can lose months. A company that ignores a petition can find a resolution professional running its business within a few weeks. A shareholder who waits too long may find the board has already changed hands. We handle these cases end to end, from the first notice to the final appeal, from our offices in Dwarka (New Delhi) and Vaishali (Ghaziabad), with associate counsel at the major benches.
हिंदी में सारांश
NCLT (राषà¥à¤Ÿà¥à¤°à¥€à¤¯ कंपनी विधि नà¥à¤¯à¤¾à¤¯à¤¾à¤§à¤¿à¤•à¤°à¤£) कंपनियों के दिवाला (Insolvency) मामलों और बड़े कंपनी विवादों की सà¥à¤¨à¤µà¤¾à¤ˆ करता है। अगर कोई कंपनी आपका ₹1 करोड़ या उससे ज़à¥à¤¯à¤¾à¤¦à¤¾ का बकाया नहीं चà¥à¤•à¤¾ रही, आपकी कंपनी के खिलाफ दिवाला याचिका दायर हà¥à¤ˆ है, या आपको कंपनी से गलत तरीके से बाहर किया जा रहा है, तो NCLT में राहत मिल सकती है। NCLT के आदेश के खिलाफ अपील NCLAT में होती है, जिसकी समय-सीमा बहà¥à¤¤ सखà¥à¤¤ है। अपने कागज़ लेकर जलà¥à¤¦à¥€ सलाह लें।
Is this your situation?
- A company owes you Rs 1 crore or more and keeps making excuses
- You are a supplier or contractor with unpaid invoices from a company
- You received an insolvency demand notice or an NCLT petition
- Your company was admitted into insolvency and you want to settle
- You signed a personal guarantee for a company loan and the lender has come after you
- You are a minority shareholder or director being pushed out
- Your company was struck off by the ROC and you need it restored
- You lost before the NCLT and the appeal clock is already running
What we handle before the NCLT and NCLAT
Most NCLT work falls into three groups: insolvency under the Insolvency and Bankruptcy Code (IBC), company law petitions under the Companies Act, and appeals. Each card below links to a page that explains the process in detail.
Insolvency petitions for creditors
Lenders can file under Section 7, suppliers and service providers under Section 9 after a demand notice. We check the default, the limitation date and the paperwork before anything is filed, because a weak petition invites a long fight.
Defending your company
If a petition has been filed against your company, the first hearing matters. We look for a genuine pre-existing dispute, a payment already made, a time-barred claim or a default below the threshold. See defending an insolvency petition.
Settlement and withdrawal
Many cases end in a deal. Before admission, a settled petition can simply be withdrawn. After admission, withdrawal under Section 12A now has a narrow window and needs 90% of the creditors' committee.
Personal guarantors
Promoters who signed guarantees for company loans can face their own insolvency process under Section 95. We act for lenders filing these cases and for guarantors protecting their assets. See defending a guarantor petition.
Shareholder and director disputes
Oppression and mismanagement petitions, illegal removal of directors, dilutive share allotments and register rectification all go to the NCLT.
Revival, mergers and corrections
We file petitions to restore struck-off companies, to approve mergers and demergers, and for compounding, reduction of capital and change of financial year.
How a typical NCLT matter moves
Every case is different, but most NCLT matters we take on follow this pattern. Knowing it in advance helps clients plan cash, documents and time.
First review of papers
You send us the loan documents, invoices, ledger, notices or the petition you received. Within a few days we tell you, in plain words, whether the case is strong, what the risks are and which route fits. Sometimes the honest advice is that a civil suit or DRT case suits you better than insolvency, and we will say so. See choosing a recovery route.
Notice or reply
For suppliers, the law requires a demand notice first. For companies under threat, a careful reply to that notice often decides the case, because a dispute raised later may not count. We draft both with the NCLT stage in mind.
Filing before the right bench
The petition goes to the NCLT bench that covers the state where the company's registered office is. That is not always where the company does business. We confirm the bench from the company's master data and file with all annexures, affidavits and fees in order.
Hearings and interim relief
The tribunal hears the matter, issues notice and fixes dates. Where needed we seek urgent orders, for example to stop the transfer of assets, to protect a director's position or to stay a meeting.
Admission, settlement or order
In insolvency cases, the bench decides whether to admit the petition. In company petitions, it may pass interim directions and then a final order. Many matters settle along the way, and we document settlements carefully so they hold.
Appeal if needed
An appeal against an IBC order must reach the NCLAT within 30 days, with at most 15 more days allowed for good reason. Company law appeals have 45 days plus up to 45 more. We track these dates from the day the order is pronounced. See NCLAT appeals.
What changed in 2026
The Insolvency and Bankruptcy Code (Amendment) Act, 2026 received assent on 6 April 2026, and most of it came into force on 26 May 2026. Some of the changes directly affect people who come to us:
- Admission of lender petitions: if a financial creditor proves a default above the threshold and the papers are complete, the NCLT must admit the petition. It is expected to decide within 14 days, and must record reasons if it takes longer. A default record from an information utility is enough proof of default.
- Settlement after admission: withdrawal under Section 12A is now possible only after the creditors' committee is formed and before the first invitation for resolution plans, with 90% of the committee's vote. The NCLT should decide such an application within 30 days.
- Personal guarantors: the automatic interim moratorium that used to start when a guarantor's insolvency application was filed no longer applies to guarantors of company loans.
- Frivolous cases: filing a frivolous or vexatious case before the NCLT can now attract a penalty from Rs 1 lakh up to Rs 2 crore.
- Appeals: the NCLAT is now required to decide IBC appeals within three months of receiving them.
The new creditor-initiated out-of-court process and the group insolvency provisions have been enacted but, at the time of our last review, had not been brought into force. We recheck these points every quarter.
Time and typical cost
Timelines depend heavily on the bench's workload and on how hard the other side fights. These are the ranges we usually see. Our fees are agreed in writing before work starts and depend on the type of case and the stage. They never depend on the result, because the Bar Council's rules do not allow that.
| Matter | Usual time | Main cost items |
|---|---|---|
| Demand notice under Section 8 | 1 week to prepare; 10 days for the reply | Professional fee for drafting and service |
| Section 9 or Section 7 petition, up to admission | 3 to 9 months in most benches | NCLT filing fee, our fee, IRP's fee proposal |
| Defending a petition at the admission stage | Depends on hearings; often 2 to 6 months | Fee for reply, written submissions and hearings |
| Oppression petition (Sections 241-242) | Interim relief in weeks; final decision often 1 to 3 years | Filing fee, drafting, hearings, interim applications |
| Restoration of a struck-off company | Usually 3 to 6 months | Filing fee, ROC dues and late fees, our fee |
| NCLAT appeal | Stay hearing in days; decision now required within 3 months for IBC appeals | Appeal fee, drafting, hearings |
Documents to keep ready
Bring whatever you have. Missing papers can usually be traced, but the sooner we see them, the sooner we can give a firm view.
If a company owes you money
- Agreement, purchase orders or loan documents
- Invoices, delivery challans and acknowledgements
- Ledger or account statement showing the dues
- Emails or letters about payment and any disputes
- Any demand notice already sent and its reply
If a case is filed against your company
- The demand notice or petition received, with date of receipt
- Your reply, if any, and proof of dispatch
- Correspondence showing quality complaints or disputes
- Proof of payments made
- Latest financial statements
For shareholder or company matters
- Certificate of incorporation and articles of association
- Register of members or share certificates
- Board and general meeting notices and minutes
- Forms filed with the ROC (DIR-12, PAS-3, MGT-7)
- Any shareholders' agreement
For appeals
- Certified copy or downloaded copy of the NCLT order
- Date of pronouncement and date the copy was received
- Full set of pleadings filed before the NCLT
- Notes on what went wrong at the hearing
Where your case is filed
The NCLT has 15 benches across India. In insolvency and company cases, jurisdiction follows the state where the company's registered office is located. For Delhi NCR this often surprises clients:
- A company registered in Delhi goes to the NCLT New Delhi benches at the CGO Complex, Lodhi Road.
- A company registered in Noida, Ghaziabad or anywhere in Uttar Pradesh or Uttarakhand goes to NCLT Allahabad at Prayagraj.
- A company registered in Gurugram, Faridabad or anywhere in Haryana or Punjab goes to NCLT Chandigarh.
Appeals from the northern benches are heard by the NCLAT at New Delhi. Our guide on which NCLT bench will hear your case explains the rule in more detail.
How we work
We are a litigation practice led by Advocate BK Singh, with offices in Dwarka (New Delhi) and Vaishali (Ghaziabad). This is what you can expect from us:
- Straight advice first: we tell you whether NCLT is the right forum at all. For some debts, a commercial suit or DRT case is the better route.
- Deadlines tracked from day one: limitation for the petition, 10 days for a demand-notice reply, 30 days for an IBC appeal. We diarise them when we take the brief.
- Paperwork built for the hearing: most petitions fail on gaps in the record, not on the law. We build the record before filing.
- Written fee terms: fees are agreed in writing for each stage, and never linked to the outcome.
- Regular updates: you get a short note after every hearing explaining what happened and what comes next.
A supplier, an unpaid bill and a demand notice
Here's a made-up example. A Noida packaging firm supplied cartons worth Rs 1.4 crore to a food company registered in Lucknow. The buyer paid part, then stopped answering calls. The firm's owner wanted to file insolvency straight away.
We first checked the emails. There were no quality complaints before the dues piled up, and the last delivery was within three years. We sent a demand notice under Section 8 to the registered office. The buyer replied after nine days, claiming the cartons were defective, but it had no record of raising this before the notice. We filed a Section 9 petition before NCLT Allahabad. Before the admission hearing, the buyer proposed a settlement, and the petition was withdrawn on payment.
Frequently Asked Questions
What kind of cases does the NCLT hear?
Company insolvency under the IBC, insolvency of personal guarantors of company loans, and Companies Act matters such as oppression and mismanagement, restoration of struck-off companies, mergers, reduction of capital and rectification of the register of members.
Can I file insolvency for any unpaid amount?
No. The minimum default for starting company insolvency is Rs 1 crore. Below that, a civil suit, summary suit or arbitration is usually the route.
How long does an NCLT case take?
Admission of an insolvency petition often takes three to nine months, depending on the bench. The 2026 amendment asks the NCLT to decide lender petitions within 14 days, but in practice timelines still vary. Company petitions can take a year or more.
Do I need to be present at every hearing?
Usually not. Your counsel appears for you, and many benches allow virtual hearings. We may need you for meetings, affidavits or settlement talks.
Which bench will hear my case?
The bench covering the state of the company's registered office. A Noida company goes to Allahabad, a Gurugram company to Chandigarh, and a Delhi company to New Delhi.
What if I miss the appeal deadline?
For IBC orders, the NCLAT cannot condone a delay of more than 15 days beyond the first 30. A late appeal is simply lost, so act as soon as the order is pronounced.
How are your fees decided?
By the type of case and the stage, agreed in writing before we start. They do not depend on the result.
Can a case be settled after it is filed?
Yes. Before admission it can be withdrawn on settlement. After admission, withdrawal needs 90% of the creditors' committee and is allowed only within a limited window.
Book Your Case Discussion
Send us a short note and your key papers on WhatsApp or by email. We will tell you which forum fits, what the timeline looks like and what it will involve.
This page gives general information about the law as it stood when it was last reviewed. It is not legal advice on your case and does not promise any result. IBC rules and NCLT procedures change often, so outcomes depend on your own documents, dates and facts.
Need help with NCLT Lawyer - Insolvency & Company Law Cases?
Send us the notice, the petition or the order. We will tell you where you stand, which bench hears it and the date the next step is due, in plain words.
