CORPORATE LAW

FILING INSOLVENCYPETITION AT NCLT

Advocate Iranpreet Singh
January 10, 2025
22 min read

Filing an insolvency petition at the NCLT Chandigarh bench requires precise documentation, adherence to procedural requirements, and strategic preparation. This comprehensive step-by-step guide provides detailed instructions for successfully filing insolvency applications under the Insolvency and Bankruptcy Code.

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

Financial debt evidence required

Operational Creditor

Default ≥ ₹1 crore

Demand notice + 10 days

Corporate Debtor

Board resolution

Voluntary application

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

1

Title & Parties

Proper identification of applicant and corporate debtor

2

Jurisdiction & Cause of Action

Establish NCLT Chandigarh's jurisdiction

3

Facts & Default Details

Chronological facts leading to default

4

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 TypeCourt FeeAdditional Charges
Company Petition (CP)₹25,000Process fee ₹1,000
Miscellaneous Application (MA)₹10,000Process fee ₹500
Interlocutory Application (IA)₹5,000Process 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

1
Thorough Preparation

Complete all documentation before filing

2
Legal Expertise

Engage experienced insolvency counsel

3
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?

Navigate the complex NCLT filing process with confidence. Our experienced team provides comprehensive support for insolvency petition filing at Chandigarh bench with proven success rates.