How to File a Section 9 Application Before the NCLT: Step-by-Step

A practical guide to filing an application under Section 9 of the IBC before the NCLT — from eligibility check to the admission hearing, covering the required documents and the Form 5 format.

Prerequisites Before Filing

Before filing under Section 9, confirm:

✅ You are an operational creditor (supplier of goods/services, employee, etc.)
✅ The debt is operational in nature (not a loan or financial facility)
✅ The default amount is ₹1 crore or more (principal + interest)
✅ A valid Section 8 demand notice was sent and served
✅ 10 days have elapsed since receipt of the notice
✅ No payment has been made and no genuine dispute has been raised

Required Documents

Gather these before drafting the petition:

| Document | Purpose | |---|---| | Section 8 demand notice (copy) | Proof of notice | | Proof of service (RPAD receipt, email) | Service confirmation | | Underlying contract / MOU | Basis of debt | | All unpaid invoices | Quantum of debt | | Payment receipts / account statement | Establishing default | | Any acknowledgment of debt by debtor | Strengthens case | | Certificate from financial institutions (if any) | Section 9(3)(c) requirement | | Copy of information utility record (if filed) | Optional but helpful | | Board resolution / authority letter | Authorisation to file |

The Form 5 Application

A Section 9 application must be filed in Form 5 as prescribed under the IBC (Application to Adjudicating Authority) Rules, 2016. The form requires:

Part I — Details of the Applicant

Name and address of the operational creditor
Registration details

Part II — Details of the Corporate Debtor

Name, registered address, CIN

Part III — Details of the Operational Debt

Amount of debt
Date of default
Supporting documents

Part IV — Details of the Proposed Insolvency Resolution Professional

Name and registration number of the IRP proposed

You must propose an Insolvency Resolution Professional (IRP). The IRP's written consent (Form AA) must be attached.

Step-by-Step Filing Process

Step 1: Draft the Petition

Draft Form 5 with all supporting documents. Also draft an accompanying affidavit verifying the contents.

Step 2: Identify the NCLT Bench

File before the NCLT bench having jurisdiction over the registered office of the corporate debtor. India has 16 NCLT benches — identify the correct one.

Step 3: Obtain IRP Consent

Contact a registered IRP (list available on IBBI website) and obtain their written consent to act as IRP in Form AA.

Step 4: File the Application

File the petition at the NCLT registry with:

Form 5 in prescribed copies
Affidavit
All supporting documents indexed and properly paginated
Court fee as prescribed

Step 5: Admission Hearing

NCLT must admit or reject the application within 14 days of receipt. At the admission hearing:

The NCLT examines whether the application is complete
If complete and no genuine dispute is shown, NCLT admits the application
On admission, the NCLT declares a moratorium under Section 14 and appoints the IRP

What Happens After Admission

Once the petition is admitted:

Moratorium is declared — no suits, recovery, enforcement actions against the corporate debtor
IRP is appointed and takes over management
Public announcement is made within 3 days
CIRP begins — 180 days (extendable to 330 days)

Common Reasons for Rejection

Pre-existing dispute raised by corporate debtor
Application filed before 10 days elapsed from notice
Total debt below ₹1 crore threshold
Defective or improperly served Section 8 notice
Missing documents in Form 5

Practical Tips

Serve the Section 8 notice via both RPAD and email simultaneously
Keep screen-grabs of email delivery confirmation
Ensure invoices clearly reflect due dates — this establishes the default date
Do not file if there is any pending arbitration or dispute — the NCLT may dismiss on that ground