NCLT performance in insolvency & bankruptcy cases

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Defense-side litigation

The delay in resolution of cases under the Insolvency and Bankruptcy Code, 2016 is often attributed to an understaffed National Company Law Tribunal (NCLT). Let us look at the performance of NCLT as far as IBC related cases are concerned through the three charts below:

Cases filed, pending and disposed of by NCLT under Section 7, 9 and 10 of IBC from 01 November 2017 to 31 August 2022

Section of IBC, 2016No of cases numberedNo of cases pending (pre-admission)No of cases pending (post-admission)No of cases disposed offNo of cases Adjudicated% of Adjudication
Section 79,4292,3041,5405,9907,53079.86
Section 921,2624,7031,63916,16217,80183.72
Section 1051216819029148193.94
Total31,2037,1753,36922,44325,81285.84

Cases filed, pending and disposed of by NCLT under Section of  94, 95 and 59(7) IBC from 01 November 2017 to 31 August 2022

Section of IBC, 2016No of cases numberedNo of cases pending (pre-admission)No of cases pending (post-admission)No of cases disposed offNo of cases Adjudicated% of Adjudication
Section 94 & 952,3252,09829333062326.79*
Section 59 (7)81937444554.33

*(In view of the orders passed in Writ Petition (Civil) No. 307 / 2022 and Writ Petition (Civil) No. 705 / 2022, the cases filed under Section 94 & 95 are kept pending for adjudication)

Total amount involved in the cases disposed of by NCLT under Section 7, 9 And 10 of IBC

Stage of DisposalTotal No of CasesAmount involved (Rs cr)
Settled before admission23,6087,21,282
Settled after admission/Section 12A105224,601
Resolution Plan Approved5653,03,381
Total25,22510,49,264*

*(Amount realized under Sec. 43, 45, 49 & 66; During Liquidation; Section 94 and 95 of IBC, 2016 not Included)

Also See: Landmark Judgements

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