Last Updated: May 2026 | Global Vision Law Firm — New Delhi | ~4 min read
A company owes you crores.
Or your business partner is destroying the company from inside.
Or a bank filed an insolvency petition against your company and you just received an NCLT notice.
In every one of these situations — the National Company Law Tribunal (NCLT) is the forum.
But most people — business owners, creditors, shareholders — have never filed anything before NCLT. The process feels complicated. The forms feel technical. And every day of delay is a day the other side has to move assets, manufacture defences, or entrench their position.
This guide tells you exactly how to file a case in NCLT — in plain language — with the correct forms, correct courts, and correct deadlines.
📌 Quick Answer
To file a case in NCLT against a company, you must first determine what type of case you are filing — an IBC insolvency petition (Section 7 for financial creditors or Section 9 for operational creditors), an oppression and mismanagement petition (Section 241 Companies Act), a winding up petition, or a merger scheme application. Each requires different forms, different documents, and different minimum thresholds. For IBC cases — the minimum debt threshold is ₹1 crore. Global Vision Law Firm files NCLT petitions across all benches in India. Contact us today for an immediate assessment.
💔 Meet Rajiv — ₹2.4 Crore Owed. NCLT Filed. Company Paid in 3 Months.
Rajiv Sharma owns a logistics company in Delhi. His client — a manufacturing company in Noida — owed him ₹2.4 crore for 10 months of transport services. Every invoice acknowledged. Every delivery signed. Three legal notices sent and ignored.
His commercial court advocate said: “File a commercial suit — 18 to 24 months minimum.”
A colleague told Rajiv about NCLT.
Global Vision Law Firm assessed the case: operational creditor, debt above ₹1 crore, no genuine dispute. Section 9 IBC was the right tool.
We sent the Section 8 demand notice. The company ignored it.
We filed Section 9 before NCLT Delhi Principal Bench.
NCLT admitted the petition in 13 days.
The moment CIRP was admitted — the company’s management faced the terrifying prospect of losing control of their business. Their bank credit lines tightened. Their investors called.
The company paid ₹2.1 crore within 3 months to settle and withdraw the petition.
Rajiv didn’t need to wait 2 years. He needed the right tool filed in the right court.
🔍 Step 1: What Type of Case Are You Filing?
This is the most important question. NCLT handles several completely different types of cases — each with different forms, different requirements, and different strategies.
Type A — You Are Owed Money by a Company (IBC — Most Common)
You are a Financial Creditor: Banks, NBFCs, debenture holders — anyone who lent money under a financial contract. File under Section 7 IBC.
You are an Operational Creditor: Suppliers, vendors, contractors, service providers — anyone owed money from a business transaction. File under Section 9 IBC.
Minimum threshold: ₹1 crore. Below ₹1 crore — NCLT/IBC is not available. Use Commercial Court instead.
Type B — Internal Company Dispute (Companies Act)
Minority shareholder being oppressed: File under Section 241 Companies Act — oppression and mismanagement petition. Eligibility: hold at least 10% of issued share capital.
Fraud by directors: File under Section 241 + apply for urgent interim injunction to freeze company assets immediately.
Type C — Company Merger / Amalgamation
Any merger, demerger, or scheme of arrangement between companies requires NCLT approval under Sections 230–240 Companies Act. For our mergers practice: Mergers & Acquisitions — Global Vision Law Firm
Type D — Winding Up
File a winding up petition under Sections 271–303 Companies Act if the company is unable to pay debts or if winding up is just and equitable. Note: For debts above ₹1 crore — Section 9 IBC CIRP is generally faster and more powerful than a traditional winding up petition.
🗺️ Step 2: Which NCLT Bench to File In?
The rule is simple: File at the NCLT bench where the company’s registered office is located — not where you are located.
| Company’s Registered Office | Correct NCLT Bench |
|---|---|
| Delhi, Haryana, Himachal Pradesh | NCLT Delhi Principal Bench |
| Maharashtra, Goa | NCLT Mumbai |
| West Bengal, North-East | NCLT Kolkata |
| Tamil Nadu | NCLT Chennai |
| Gujarat | NCLT Ahmedabad |
| Karnataka | NCLT Bengaluru |
| Andhra Pradesh, Telangana | NCLT Hyderabad |
| Uttar Pradesh | NCLT Allahabad |
| Punjab, Haryana | NCLT Chandigarh |
Filing at the wrong bench = application returned. Always verify the company’s registered office from MCA21 portal before filing.
🛠️ Step 3: The Section 9 IBC Filing Process — Step by Step
This is the most commonly filed case in NCLT — operational creditor recovering money from a defaulting company.
Step 1 — Send Section 8 Demand Notice (Do This First — Always)
Before filing at NCLT — send a formal Section 8 demand notice to the company. This notice must:
- Be in Form 3 or Form 4 as prescribed under IBC Rules
- State the exact amount owed with invoice-wise breakup
- Give the company 10 days to pay or raise a genuine dispute
- Be sent via registered post or electronic delivery with acknowledgement
Why this matters: Many companies pay within 10 days of the notice — just to avoid CIRP. Rajiv’s situation could have resolved here without ever reaching NCLT.
Also matters: If you skip this step — your Section 9 petition is not maintainable. NCLT will reject it.
Step 2 — Wait 10 Days
The company has 10 days to either pay in full or bring to your notice a genuine pre-existing dispute about the goods or services.
If no payment and no genuine dispute — you can now file at NCLT.
Step 3 — Prepare the Section 9 Application
The petition must be in Form 5 (NCLT Rules, 2016) and must contain:
- Your complete details — name, address, registration number (if a company)
- The corporate debtor’s complete details — name, CIN, registered office address
- Details of the debt — amount, invoices, delivery proof, acknowledgements
- Proof of dispatch of demand notice and evidence of delivery
- Certificate from financial institution confirming no payment received
- Name of proposed Insolvency Professional
- Affidavit verifying the application
Step 4 — File at NCLT Registry
File the petition at the NCLT registry with the correct court fee. The registry reviews for:
- Correct form
- Complete documents
- Correct NCLT bench
- Court fee paid
Any defect = petition returned. An experienced NCLT lawyer files correctly the first time.
Step 5 — NCLT Admission Hearing (Within 14 Days)
NCLT must admit or reject within 14 days of filing. At the admission hearing — the judge examines whether there is a valid debt, a clear default, and no genuine dispute.
Once admitted — CIRP begins and the moratorium kicks in automatically under Section 14 IBC.
⚠️ 4 Critical Mistakes That Kill NCLT Petitions
Mistake 1 — Not sending Section 8 demand notice first Your Section 9 petition is not maintainable without the prior demand notice. No exceptions.
Mistake 2 — Filing below the ₹1 crore threshold IBC/NCLT requires a minimum debt of ₹1 crore. Below that — use Commercial Court or MSME Samadhaan.
Mistake 3 — Using wrong forms NCLT has prescribed forms for every application type. Filing in the wrong form or with incorrect formatting = defect notice and delay.
Mistake 4 — Filing at the wrong NCLT bench The company’s registered office determines jurisdiction — not the location of the dispute or the creditor. Always verify on MCA21 before filing.
💡 Section 7 vs Section 9 — Key Differences at a Glance
| Feature | Section 7 — Financial Creditor | Section 9 — Operational Creditor |
|---|---|---|
| Who files | Banks, NBFCs, lenders | Suppliers, vendors, contractors |
| Demand notice required? | No | Yes — Section 8 mandatory |
| Sits on CoC? | Yes — votes on resolution plan | No — does not vote |
| Minimum debt | ₹1 crore | ₹1 crore |
| Form | Form 1 | Form 5 |
💼 Why You Need an NCLT Lawyer
NCLT proceedings are highly technical. Every form has a prescribed format. Every document must be in a specific sequence. Registry officials return petitions for minor defects — wrong margin, missing certification, incorrect court fee calculation.
Beyond filing — NCLT hearings move fast. The admission hearing where CIRP is admitted or rejected happens quickly. Your lawyer must be ready with counter-arguments to any dispute defence raised by the company.
Global Vision Law Firm has been appearing before NCLT Delhi Principal Bench since 2013 — filing Section 7 and Section 9 petitions, oppression and mismanagement cases, winding up petitions, and merger scheme approvals.
Our relevant practices:
- Bankruptcy & Insolvency — NCLT, IBC, CIRP, NCLAT
- Corporate & Commercial — Companies Act, shareholder disputes
- Litigation — court representation
- Dispute Resolution — settlement alongside NCLT proceedings
- Mergers & Acquisitions — NCLT scheme approvals
- Supreme Court Practice — NCLAT and Supreme Court appeals
For the complete NCLT guide covering all 18 scenarios: NCLT India Complete Master Guide
📞 +91 9599801188 · +91-11-71522934 📧 globalvisionlawoffice@gmail.com 📍 M-3 Gupta Tower, Azadpur, Delhi – 110033
👉 Contact Us for an Immediate NCLT Assessment
❓ Quick FAQs
Q: What is the minimum amount to file a case in NCLT against a company? A: ₹1 crore under the IBC. For amounts below ₹1 crore — use Commercial Courts (above ₹3 lakh) or MSME Samadhaan (for registered MSMEs). The ₹1 crore threshold has been maintained in 2026.
Q: How long does NCLT take to admit a Section 9 petition? A: NCLT is required to admit or reject within 14 days of filing. In practice — Delhi NCLT Principal Bench typically lists admission hearings within 2–4 weeks of filing.
Q: Can the company stop NCLT proceedings by raising a dispute? A: Yes — if the company can show a genuine, pre-existing dispute about the debt that was raised before the demand notice was sent. This is the most common defence. However, manufactured or frivolous disputes are rejected by NCLT. Your Section 8 demand notice must be preceded by thorough documentation showing the debt is undisputed.
Q: What happens to my company if Section 9 is filed against us? A: Once NCLT admits the petition — CIRP begins. An IRP takes over management. The moratorium under Section 14 kicks in — all proceedings against the company are stayed. You can avoid this entirely by settling with the creditor before admission. Call us immediately: globalvisionlawfirm.com/contact-us-global-vision-law-firm
Q: Can I file both NCLT and a commercial court suit simultaneously? A: Generally, if a valid IBC application is admitted — the commercial court suit for the same debt is stayed by the Section 14 moratorium. However, you can pursue NCLT and simultaneously file for Section 9 interim relief before a court to freeze assets before the moratorium kicks in.
💡 Final Thought
Filing a case in NCLT is not as complicated as it looks — if you know which type of case to file, which form to use, which bench to approach, and which procedural steps to follow.
The Section 8 demand notice. The 10-day window. Form 5. The ₹1 crore threshold. The correct NCLT bench.
Get these right — and NCLT becomes one of the most powerful recovery tools in India.
Rajiv recovered ₹2.1 crore in 3 months — without a full trial — because CIRP was filed correctly from Day 1.
Your company owes you crores. The tool exists. The procedure is defined.
Use it.
👉 Contact Global Vision Law Firm for an immediate NCLT case assessment.
