NCLT and NCLAT Under the IBC
30 plus 15 days to the NCLAT, 45 plus 15 to the Supreme Court. The forum map and the numbers in one place.
The Code calls its deciding forum the Adjudicating Authority, and section 60 names it: for corporate persons, and for the personal guarantors of corporate debtors, it is the National Company Law Tribunal (NCLT) with territorial jurisdiction over the registered office. For other individuals and partnership firms, section 179 makes it the Debt Recovery Tribunal (DRT).
The NCLT was constituted under section 408 of the Companies Act, 2013 from 1 June 2016. The National Company Law Appellate Tribunal (NCLAT), constituted under section 410 from the same date, has heard appeals under section 61 of the Code since 1 December 2016. It sits as a Principal Bench in New Delhi and a bench in Chennai.
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Which Forum, Which Appeal, How Long
CIRP, liquidation, pre-pack of a corporate debtor
First forum
NCLT (section 60(1))
Appeal
NCLAT within 30 days, plus up to 15 for sufficient cause (section 61(2))
Further appeal
Supreme Court on a question of law within 45 days, plus up to 15 (section 62)
Personal guarantor to a corporate debtor
First forum
NCLT; the same bench if the debtor's CIRP or liquidation is pending (section 60(2))
Appeal
NCLAT (section 61)
Further appeal
Supreme Court (section 62)
Other individuals and partnership firms
First forum
DRT (section 179)
Appeal
DRAT within 30 days, plus up to 15 (section 181)
Further appeal
Supreme Court on a question of law within 45 days, plus up to 15 (section 182)
IBBI refuses or cancels IPA or IU registration
First forum
IBBI
Appeal
NCLAT (sections 202 and 211)
Further appeal
Not specified in those sections
IBBI disciplinary committee order (from 26 May 2026)
First forum
IBBI
Appeal
NCLAT within 30 days, plus up to 15 (section 220(7)-(8))
Further appeal
Not specified in section 220
| Matter | First forum | Appeal | Further appeal |
|---|---|---|---|
| CIRP, liquidation, pre-pack of a corporate debtor | NCLT (section 60(1)) | NCLAT within 30 days, plus up to 15 for sufficient cause (section 61(2)) | Supreme Court on a question of law within 45 days, plus up to 15 (section 62) |
| Personal guarantor to a corporate debtor | NCLT; the same bench if the debtor's CIRP or liquidation is pending (section 60(2)) | NCLAT (section 61) | Supreme Court (section 62) |
| Other individuals and partnership firms | DRT (section 179) | DRAT within 30 days, plus up to 15 (section 181) | Supreme Court on a question of law within 45 days, plus up to 15 (section 182) |
| IBBI refuses or cancels IPA or IU registration | IBBI | NCLAT (sections 202 and 211) | Not specified in those sections |
| IBBI disciplinary committee order (from 26 May 2026) | IBBI | NCLAT within 30 days, plus up to 15 (section 220(7)-(8)) | Not specified in section 220 |
NCLT Powers You Will Be Tested On
- check_circleSection 60(5): despite any other law, the NCLT decides any application or proceeding by or against the corporate debtor, any claim by or against it (including claims by or against its subsidiaries in India), and any question of priorities or of law or fact arising out of the process.
- check_circleSection 60(3): a pending insolvency or bankruptcy proceeding of the debtor's corporate or personal guarantor in any court or tribunal is transferred to the NCLT handling the debtor.
- check_circleSection 60(6): the period of a moratorium is excluded when computing limitation for suits or applications by or against the corporate debtor.
- check_circleSection 63 and section 231: civil courts cannot hear matters within NCLT or NCLAT jurisdiction, and no court may grant an injunction against action under their orders.
- check_circleSection 64(1): if a time limit is missed, the tribunal records reasons; the NCLT President or NCLAT Chairperson may extend the period by up to 10 days.
Grounds of Appeal Are Limited
Section 61(1) lets any person aggrieved appeal, but some orders can be attacked only on listed grounds.
- Order approving a resolution plan (section 61(3))
- Only if the plan breaks any law in force, there was material irregularity by the RP, operational creditors were not provided for as specified, CIRP costs were not paid in priority, or the plan fails other criteria specified by IBBI.
- Liquidation order (section 61(4))
- Under section 33, 54L(4) or 54N(4): only on grounds of material irregularity or fraud.
- Order initiating CIRP during a pre-pack (section 61(5))
- Under section 54-O(2): only on grounds of material irregularity or fraud.
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What the 2026 Amendment Added (After the Exam Cut-Off)
In force from 26 May 2026, after the 4 February 2025 cut-off: the NCLAT "shall dispose of the appeal within three months" (section 61(6)); the NCLT can fine anyone who starts a frivolous or vexatious proceeding ₹1 lakh to ₹2 crore (section 64A); and section 235A now lets the NCLT impose civil penalties for contraventions on an application by IBBI or the Central Government. New 14-day or 30-day order timelines for sections 7, 9, 10, 12A, 31 and 33 all carry the same consequence: if missed, the tribunal records its reasons in writing.
How the Limited Insolvency Examination Tests This
The numbers are the questions: 30 plus 15 days to the NCLAT, 45 plus 15 to the Supreme Court, 10 days of extension under section 64. A case study might give you an NCLT order approving a plan on 2 March and an operational creditor's appeal filed on 20 April: 49 days, outside even the condonable window.
The forum trap is the personal guarantor. A promoter who guaranteed a company's loan goes to the NCLT under section 60(1), not the DRT, even though the guarantor is an individual. A second trap is the ground of appeal: a dissenting financial creditor that simply dislikes its recovery cannot appeal a plan approval unless one of the section 61(3) grounds applies.
FAQs
What is the time limit to appeal an NCLT order under IBC?expand_more
30 days to the NCLAT under section 61(2). The NCLAT may allow up to 15 more days if there was sufficient cause, but no longer.
Who is the adjudicating authority for personal guarantors under IBC?expand_more
The NCLT (section 60(1)). If the corporate debtor's CIRP or liquidation is pending before an NCLT bench, the guarantor's application must be filed before that bench (section 60(2)).
Can an NCLAT order be appealed to the Supreme Court?expand_more
Yes, on a question of law only, within 45 days of receiving the order, extendable by 15 days for sufficient cause (section 62).
Does the NCLAT have a deadline to decide IBC appeals?expand_more
Since 26 May 2026, section 61(6) says it shall dispose of an appeal within three months of receipt. There was no such provision at the exam's law cut-off.
Next steps
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