Best NCLT and NCLAT Lawyer in Delhi
Insolvency petitions under the IBC, company disputes before the NCLT, and appeals to the NCLAT in New Delhi. Limitation for NCLAT appeals is short and cannot be stretched, so early advice matters.
An appeal against an NCLT order under the Insolvency and Bankruptcy Code must be filed before the NCLAT within 30 days, extendable by at most 15 days for sufficient cause, under section 61. The Supreme Court held in V. Nagarajan (2021) that time runs from the date the order is pronounced, not from receipt of the copy. For Companies Act appeals under section 421, the limit is 45 days, extendable by another 45 at most.
What we handle
- Petitions and replies under sections 7 and 9 of the IBC
- Defending operational creditor claims with a pre-existing dispute
- Appeals to the NCLAT under section 61 of the IBC and section 421 of the Companies Act
- Oppression and mismanagement petitions under sections 241 and 242
- Claims before the resolution professional and challenges to their rejection
- Settlement and withdrawal of insolvency petitions
From our office in Pitampura we act for clients across Delhi — North, North-West, West, Central, East and South Delhi — and for NRIs with matters in the city.
Insolvency before the NCLT
The Insolvency and Bankruptcy Code lets a financial creditor under section 7, or an operational creditor under section 9, ask the National Company Law Tribunal to start a corporate insolvency resolution process against a company in default. Once a petition is admitted, a moratorium begins, the board is suspended and a resolution professional takes charge. Because the consequences are so drastic, the stage before admission is where a company has the most room to act.
Defending an insolvency petition
For operational creditors, the key defence is a pre-existing dispute. If the company raised a genuine dispute about the goods, services or amount before it received the demand notice under section 8, the petition should fail. For financial creditors, the questions are whether a financial debt exists, whether it is in default, and whether the claim is within limitation. Settlement is also a real option: many petitions end with a payment plan and withdrawal.
Appeals to the NCLAT
The National Company Law Appellate Tribunal sits in New Delhi. Appeals under the IBC must be filed within 30 days of the order, with a maximum further 15 days. This ceiling is absolute, and after V. Nagarajan (2021) time runs from pronouncement. We prepare the appeal, the application for any interim stay, and a concise note of the errors in the NCLT order.
Company disputes
Beyond insolvency, the NCLT hears oppression and mismanagement petitions, disputes over the transfer of shares, challenges to the removal of directors, and schemes of arrangement. Appeals from these orders go to the NCLAT under section 421 of the Companies Act within 45 days, extendable once by up to 45 days. We act for minority shareholders, promoters and companies.
Creditors and claims in a resolution process
If a company that owes you money is already in insolvency, your claim must be filed with the resolution professional in the prescribed form, with supporting documents. Where a claim is rejected or undervalued, the decision can be challenged before the NCLT. Timely filing protects your place in the distribution and your voice in the process.
How we handle your matter
Limitation checked from pronouncement
The NCLAT cannot condone delay beyond the statutory ceiling. We calculate the deadline from the date the order was pronounced, and file within it.
Commercial and legal view together
Insolvency cases are business decisions as much as legal ones. We look at what you want — recovery, control of the company, or an exit — and shape the litigation around it.
Sharp written submissions
Tribunal hearings are short and heavily listed. Clear written notes with the key documents indexed carry more weight than long oral arguments.
NCLT & NCLAT, Insolvency: common questions
What is the time limit for an appeal to the NCLAT under the IBC?
30 days from the date of the NCLT order, under section 61(2) of the IBC. The NCLAT may allow up to 15 more days if sufficient cause is shown, and no more. Following V. Nagarajan (2021), time runs from the date the order is pronounced, so waiting for the certified copy is risky.
What is the time limit for a Companies Act appeal to the NCLAT?
45 days from the date of receipt of the NCLT order under section 421 of the Companies Act, 2013. The NCLAT can extend this by up to another 45 days for sufficient cause, but not beyond a total of 90 days.
What is the minimum default to start insolvency against a company?
₹1 crore. A financial creditor under section 7, or an operational creditor under section 9, can apply to the NCLT only where the default is at least that amount.
How can a company defend a section 9 petition by a supplier?
An operational creditor must first serve a demand notice under section 8. If a genuine dispute existed before that notice — shown by correspondence, quality complaints or pending litigation — the petition should be rejected. The reply to the demand notice is the moment to put that dispute on record.
Can an insolvency petition be withdrawn after it is admitted?
Yes, under section 12A of the IBC, with the approval of 90% of the voting share of the committee of creditors, where the matter has been settled. Before admission, the petitioner can simply withdraw by consent.
What is an oppression and mismanagement petition?
A petition to the NCLT under sections 241 and 242 of the Companies Act by shareholders who say the company is being run in a way that is prejudicial to them or to the company — for example, illegal dilution, removal of directors or siphoning of funds. The Tribunal has wide powers to set things right.
Where does an appeal from the NCLAT go?
To the Supreme Court. Under section 62 of the IBC, an appeal lies on a question of law within 45 days, which the Supreme Court may extend by up to 15 days.
Other matters we handle
DRT & DRAT, SARFAESI
A bank notice under SARFAESI, a possession notice on your property, or a recovery case in the Debts Recovery Tribunal — the deadlines here are short and strict. We act for borrowers and guarantors in the DRT and DRAT, Delhi.
Learn more →Appeals, Delhi High Court
Lost in the trial court? An appeal to the Delhi High Court can correct errors of law and fact — but the clock starts running from the judgment. We check your deadline, seek a stay and argue the appeal.
Learn more →Civil & Commercial Disputes
Unpaid dues, a broken contract, or someone interfering with your rights — civil courts can order payment, performance and injunctions. We file and defend civil and commercial suits from our Pitampura office.
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