Pre-Filing Preparation
Before filing an insolvency petition at NCLT Chandigarh, thorough preparation is essential to ensure compliance with legal requirements and maximize chances of admission.
Eligibility Assessment
Financial Creditor
Default ≥ ₹1 crore
Operational Creditor
Default ≥ ₹1 crore
Corporate Debtor
Board resolution
Key Preliminary Steps
- Verify jurisdiction of NCLT Chandigarh bench
- Confirm default amount and duration
- Gather all supporting documents
- Conduct due diligence on corporate debtor
Essential Document Checklist
Proper documentation is crucial for successful petition filing. Missing or inadequate documents are the primary reason for application rejection.
For Financial Creditors
- Loan agreement/facility letter
- Account statements showing default
- Board resolution authorizing filing
- Certificate of incorporation
- Financial statements of debtor
For Operational Creditors
- Invoice/bill for goods/services
- Demand notice (10 days notice)
- Proof of delivery/service
- Certificate of no dispute/record
- Corporate debtor's incorporation docs
Common Supporting Documents
- • Memorandum & Articles of Association
- • Latest annual returns (Form MGT-7)
- • List of directors (Form DIR-3 KYC)
- • Audited financial statements (3 years)
- • PAN card of corporate debtor
- • GST registration certificate
- • Bank account details
- • Registered office address proof
Application Drafting Guidelines
The application must be drafted in the prescribed format with precise legal language and comprehensive factual details to meet NCLT requirements.
Application Structure
Title & Parties
Proper identification of applicant and corporate debtor
Jurisdiction & Cause of Action
Establish NCLT Chandigarh's jurisdiction
Facts & Default Details
Chronological facts leading to default
Legal Grounds & Prayer
Legal basis and specific relief sought
Key Elements to Include
- • Exact default amount with calculations
- • Timeline of events and communications
- • Corporate debtor's financial position
- • Attempts at recovery/resolution
- • Proposed interim resolution professional
Common Drafting Errors
- • Vague or incomplete factual allegations
- • Incorrect calculation of default amount
- • Missing statutory compliance details
- • Inadequate legal grounds citation
- • Improper party identification
Step-by-Step Filing Procedure
Follow this detailed procedure to file your insolvency petition at NCLT Chandigarh bench efficiently and in compliance with all requirements.
Step 1: Online Registration
- Visit NCLT e-filing portal (www.nclt.gov.in)
- Create user account with valid email and mobile
- Verify account through OTP
- Complete advocate/party registration
Step 2: Application Preparation
- Select 'Chandigarh' bench from dropdown
- Choose application type (CP/MA/IA as applicable)
- Fill online application form completely
- Upload all supporting documents (PDF format)
Step 3: Document Upload
Technical Requirements
- • PDF format only (max 25MB per file)
- • Clear, legible scanned copies
- • Proper file naming convention
- • Sequential page numbering
Upload Sequence
- • Main application first
- • Supporting affidavits
- • Documentary evidence
- • Annexures in order
Fees Structure & Payment Process
Understanding the fee structure and payment process is crucial for successful petition filing. All fees must be paid online through the NCLT portal.
NCLT Fee Structure (2025)
Application Type | Court Fee | Additional Charges |
---|---|---|
Company Petition (CP) | ₹25,000 | Process fee ₹1,000 |
Miscellaneous Application (MA) | ₹10,000 | Process fee ₹500 |
Interlocutory Application (IA) | ₹5,000 | Process fee ₹500 |
Payment Methods
- • Online payment through NCLT portal
- • Net banking (all major banks)
- • Credit/Debit cards
- • UPI payments
- • Digital wallets
Payment Process
- • Calculate total fee amount
- • Generate payment challan online
- • Complete payment within 24 hours
- • Download payment receipt
- • Attach receipt to application
Important Fee Guidelines
- • Fees are non-refundable once application is filed
- • Payment must be made before final submission
- • Keep payment receipt for future reference
- • Additional fees may apply for urgent listing
Post-Filing Procedures
After successful filing, several important steps must be completed to ensure proper processing of your insolvency petition.
Immediate Actions (Within 24 Hours)
- Download and print acknowledgment receipt
- Note down diary number and filing date
- Check for any deficiency notice
- Prepare for service of notice
Service of Notice (Within 7 Days)
Service Requirements
- • Personal service on corporate debtor
- • Service on registered office
- • Email service (if email available)
- • Publication in newspapers (if required)
Proof of Service
- • Affidavit of service
- • Postal receipts/courier receipts
- • Email delivery confirmation
- • Newspaper publication proof
Admission Process (14 Days)
- NCLT examines application within 14 days
- Opportunity for corporate debtor to respond
- Hearing scheduled if objections raised
- Admission order passed if satisfied
NCLT Chandigarh Bench Specifics
The NCLT Chandigarh bench has specific procedures and practices that applicants should be aware of for efficient case management.
Bench Information
Contact Details
Address: NCLT Chandigarh, Sector 17-B, Chandigarh - 160017
Phone: 0172-2704478, 2704479
Email: chandigarh-nclt@nic.in
Website: www.nclt.gov.in
Working Hours
Court Hours: 10:30 AM to 4:30 PM
Registry Hours: 10:00 AM to 5:00 PM
Working Days: Monday to Friday
Lunch Break: 1:00 PM to 2:00 PM
Jurisdiction Coverage
Punjab
All districts of Punjab state
Haryana
All districts of Haryana state
Chandigarh
Union Territory of Chandigarh
Local Practice Notes
- • Physical filing still required for certain urgent matters
- • Advance copies to be served on opposite parties
- • Local language translations may be required
- • Specific formatting requirements for pleadings
- • Regular cause list updates on website
Common Mistakes to Avoid
Learning from common mistakes can save time, costs, and prevent application rejection. Here are the most frequent errors and how to avoid them.
Documentation Errors
- Incomplete or illegible document copies
- Missing mandatory annexures
- Outdated financial statements
- Incorrect notarization/attestation
Procedural Errors
- Wrong bench selection
- Inadequate service of notice
- Incorrect fee calculation
- Missing statutory compliance
Best Practices for Success
Thorough Preparation
Complete all documentation before filing
Legal Expertise
Engage experienced insolvency counsel
Timely Action
File within limitation periods
Conclusion
Filing an insolvency petition at NCLT Chandigarh requires meticulous preparation, proper documentation, and adherence to procedural requirements. Success depends on understanding the legal framework, following the correct process, and avoiding common pitfalls.
With proper guidance and systematic approach, the filing process can be completed efficiently, setting the foundation for successful insolvency proceedings under the Insolvency and Bankruptcy Code.
Need Expert Assistance with NCLT Filing?
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