Tribunals

Application by Operational Creditor under Section 9 IBC (Form 5)

An application under Section 9 of the Insolvency and Bankruptcy Code, 2016, filed in Form 5, is the prescribed mechanism for an operational creditor to initiate the Corporate Insolvency Resolution Process (CIRP) against a corporate debtor. It is a structured, tabular filing that places the particulars of the operational debt and the evidence of default before the Adjudicating Authority.

This application is filed before the National Company Law Tribunal (NCLT) after the operational creditor has served a demand notice under Section 8 of the Code and the corporate debtor has failed to pay the debt or raise a notice of a pre-existing dispute within ten days. The filing rests on Section 9 of the IBC read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016.

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Governing law
Insolvency and Bankruptcy Code, 2016 s.9; Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 r.6 (Form 5)
Sections
s. 9s. 8s. 14
Filed before
National Company Law Tribunal

When this is the right filing

  • When an operational debt is due and the corporate debtor has defaulted in payment.
  • Only after a demand notice in Form 3 or Form 4 has been delivered under Section 8 and the ten-day payment window has expired without payment.
  • When the corporate debtor has not raised a notice of a pre-existing dispute within the ten-day period following receipt of the demand notice.
  • To seek initiation of CIRP and appointment of an Interim Resolution Professional for the corporate debtor.
  • Do not use this form if the debt is a financial debt; a financial creditor must file under Section 7 in Form 1.

What the court looks for

  • Proof that a valid demand notice under Section 8 was served on the corporate debtor, with the date of service clearly established.
  • Evidence that the corporate debtor did not make payment of the unpaid operational debt within ten days of receiving the demand notice.
  • Confirmation that no notice of a pre-existing dispute was received from the corporate debtor, supported by an affidavit under Section 9(3)(b).
  • A complete and accurate computation of the amount claimed and the default, supported by a statement of account and underlying invoices or purchase orders.
  • The particulars of the proposed Interim Resolution Professional, or a clear statement that no IRP is proposed and a request for the IBBI to make an appointment.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Part – i — particulars of the applicant (operational creditor)
  2. 2Part – ii — particulars of the corporate debtor
  3. 3Part – iii — particulars of the proposed interim resolution professional
  4. 4Part – iv — particulars of the operational debt
  5. 5Part – v — documents, records and evidence of default
  6. 6Relief(s) sought
  7. 7Form nclt-6 — verifying affidavit

Frequently asked questions

What is the mandatory precondition before filing a Section 9 application in Form 5?

The operational creditor must first serve a demand notice on the corporate debtor in Form 3 or Form 4 under Section 8 of the IBC. The application is maintainable only if the corporate debtor does not pay the debt or raise a notice of a pre-existing dispute within ten days of receiving that notice.

What must be included in Part V of the Form 5 application?

Part V requires the applicant to list and attach all documents, records, and evidence of default. This typically includes copies of invoices or purchase orders, the Section 8 demand notice with proof of delivery, a statement of account, the affidavit under Section 9(3)(b) confirming no notice of dispute was received, and any relevant bank certificate.

Can an operational creditor file Form 5 without proposing an Interim Resolution Professional?

Yes. The application may state that no IRP is proposed. In that case, the filing should include a request for the Adjudicating Authority to refer the matter to the Insolvency and Bankruptcy Board of India (IBBI) for the appointment of a resolution professional.

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