Appearing Before NCLT Delhi: A Practical Guide for Corporate Counsel

The National Company Law Tribunal (NCLT), established in 2016 under the Companies Act 2013, consolidated the jurisdiction of the erstwhile CLB, the High Court Company Benches, BIFR, and AAIFR. The Delhi Principal Bench handles matters from Delhi, Haryana, Himachal Pradesh, Jammu & Kashmir, Ladakh, Punjab, Rajasthan, and Uttarakhand. **Jurisdiction** NCLT Delhi exercises jurisdiction over: - Company petitions (oppression and mismanagement, winding up) - Corporate Insolvency Resolution Process (CIRP) applications - Merger and amalgamation petitions - Capital reduction applications - Class action suits under Section 245 - Conversion of public company to private company - Reinstatement of struck-off companies **The IBC Bench** NCLT Delhi has dedicated benches for IBC matters (currently Benches I-IV). The IBC bench operates on a separate cause list and has its own procedural rhythms. IBC applications are typically numbered in a separate series. **Procedural Realities** - E-filing is mandatory for NCLT Delhi. All filings must be made through the NCLT portal. - Bench functioning hours: Monday to Friday, 10:30 AM onwards - Cause lists are published the previous evening on the NCLT website - Adjournments are granted more readily in company matters than in IBC proceedings - The IBC bench strictly enforces the 30-day timeline for admission of CIRP applications **Drafting for NCLT** NCLT pleadings require: - Company Application (CA) or Company Petition (CP) format - Verification by the petitioner/applicant - Affidavits verifying the facts - Certified copies of relevant company documents from ROC **Advocacy Before NCLT** NCLT advocates (called Practising Company Secretaries and Chartered Accountants may also appear) must register with the Tribunal. Senior Advocates appear in complex matters but are not as commonly briefed as in High Court practice.