Courts and Tribunals

Jurisdiction

Highest court of the Indian judiciary. Original jurisdiction in disputes between the Union and States, between States, and on enforcement of fundamental rights. Appellate jurisdiction over High Courts and tribunals on substantial questions of law and through Special Leave Petitions under Article 136.

Matter Types

• Special Leave Petitions (SLPs) under Article 136 of the Constitution
• Civil appeals on substantial questions of law
• Constitutional matters and writ petitions under Article 32
• Statutory appeals from NCLAT under Section 62 of the IBC and similar provisions
• Curative petitions and review petitions in exceptional cases

Governing Statute

Constitution of India (Articles 124-147); Supreme Court Rules 2013; specific statutes governing direct appeals

Practice Notes

The Supreme Court of India is approached for matters that have exhausted High Court remedies, that raise substantial questions of constitutional or statutory interpretation, or that arise on direct statutory appeal from specified tribunals.

Special Leave Petitions (SLPs) under Article 136 are the most common route to the Supreme Court for civil and commercial matters. The court's discretion in granting leave is extensive; admission is by no means automatic, and the threshold is whether the matter raises a substantial question of law of general importance.

Statutory appeals — for instance, IBC appeals from the NCLAT under Section 62 — provide a direct route on substantial questions of law without the SLP discretionary stage.

Practice before the Supreme Court requires familiarity with the court's procedural framework, drafting conventions, bench-by-bench preferences, and the body of jurisprudence on what constitutes a 'substantial question of law'. Engagements typically involve briefing senior counsel for argument while the chambers manage drafting, evidence, and procedural compliance.

Jurisdiction

Original and appellate jurisdiction over the National Capital Territory of Delhi. Original side handles commercial suits, writ petitions, intellectual property, and matters with a substantial value or constitutional question. Appellate side hears appeals from district courts and certain tribunals.

Matter Types

• Commercial litigation under the Commercial Courts Act 2015
• Writ petitions under Articles 226 and 227 of the Constitution
• Appeals from DRT, NCLT, and other tribunals where statute provides direct High Court jurisdiction
• Civil revisions and miscellaneous applications
• Section 482 CrPC petitions for quashing criminal proceedings
• Arbitration applications under Sections 9, 11, 34 of the A&C Act 1996

Governing Statute

Constitution of India (Articles 214-231); Delhi High Court Rules; Code of Civil Procedure 1908; specific statutes for tribunal appeals

Appeals

Supreme Court of India under Articles 132-134 and Article 136 (special leave petition) of the Constitution

Practice Notes

The Delhi High Court is the primary court of practice for Advocate Subodh Bajpai. It exercises both original civil jurisdiction (for commercial suits above the prescribed pecuniary threshold) and appellate jurisdiction over Delhi district courts and specified tribunals.

On the original commercial side, the Delhi High Court applies the Commercial Courts Act 2015 framework, which prescribes accelerated timelines, mandatory pre-institution mediation under Section 12A for non-urgent matters, and case-management hearings to discipline procedural progression.

Writ jurisdiction under Article 226 is invoked extensively in commercial-legal matters — particularly for challenging arbitrary action by banks (NPA classification disputes, wrongful loan rejection), regulatory authorities, and government bodies. Writ relief is faster than ordinary civil suits and provides interim protections that ordinary civil-court remedies do not.

Appeals from Delhi DRT and NCLT in certain matters lie directly to the Delhi High Court. The court also exercises supervisory jurisdiction over inferior courts and tribunals within Delhi-NCR.

Jurisdiction

Exclusive jurisdiction over recovery applications by banks and notified financial institutions under the RDDB Act 1993, where the debt amount exceeds INR twenty lakh. Also hears Section 17 securitisation appeals under the SARFAESI Act 2002.

Pecuniary Threshold

INR 20 lakh and above

Matter Types

• Original Applications (OAs) by banks and FIs for debt recovery
• Section 17 securitisation appeals under SARFAESI
• Applications to set aside ex-parte orders
• Recovery Officer proceedings and execution applications
• Counter-claims by borrowers in OA proceedings
• Interim relief applications including attachment and injunction

Governing Statute

Recovery of Debts Due to Banks and Financial Institutions Act 1993 (RDDB Act); Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 (SARFAESI); Debt Recovery Tribunal (Procedure) Rules 1993

Appeals

Debt Recovery Appellate Tribunal (DRAT) within 30 days of order, with pre-deposit requirement

Practice Notes

The Debt Recovery Tribunal Delhi is the primary forum for bank recovery proceedings against borrowers in Delhi-NCR. The tribunal handles both lender-side Original Applications (OAs) under the RDDB Act and borrower-side Section 17 appeals under SARFAESI.

On the lender side, OA proceedings involve filing the application with prescribed fees, service on defendants, written statements, evidence by affidavit, limited oral cross-examination at trial, and final adjudication. Successful OAs result in Recovery Certificates that the Recovery Officer enforces through attachment, sale, or arrest.

On the borrower side, Section 17 securitisation appeals must be filed within forty-five days of the cause of action under the SARFAESI Act. The appeals can challenge any SARFAESI step — Section 13(2) notice, Section 13(4) possession, Section 14 magistrate proceedings, or auction-related steps. Interim relief during appeal pendency is critical to prevent completion of enforcement.

DRT Delhi also handles Recovery Officer proceedings — execution of Recovery Certificates through attachment, sale, and where appropriate arrest. Recovery Officer orders are themselves subject to challenge before the DRT itself in review or before the DRAT in appeal.

Jurisdiction

Adjudicating authority for corporate insolvency under the IBC 2016 and for company-law matters under the Companies Act 2013, including oppression and mismanagement, schemes of arrangement, and mergers requiring tribunal approval.

Matter Types

• Section 7 financial-creditor IBC applications
• Section 9 operational-creditor IBC applications
• Section 10 voluntary IBC filings by corporate debtors
• Resolution plan applications under Section 31
• Liquidation orders under Chapter III of the IBC
• Personal-guarantor insolvency under Sections 94-187
• Companies Act oppression-and-mismanagement under Sections 241-244
• Schemes of arrangement under Sections 230-232 of the Companies Act

Governing Statute

Insolvency and Bankruptcy Code 2016; Companies Act 2013; National Company Law Tribunal Rules 2016

Appeals

National Company Law Appellate Tribunal (NCLAT) within 30 days of the order

Practice Notes

The NCLT Principal Bench at New Delhi handles corporate insolvency under the IBC 2016 and company-law disputes under the Companies Act 2013 for matters within its territorial and pecuniary jurisdiction. It is the primary forum for IBC proceedings affecting Delhi-NCR corporate debtors.

Section 7 admissions by financial creditors — typically banks and NBFCs — require demonstration of financial debt, default, and procedural compliance. The threshold inquiry is whether the application is procedurally maintainable; substantive disputes over the underlying transaction are typically addressed at the resolution stage rather than admission.

Section 9 admissions by operational creditors require a prior Section 8 demand notice and absence of a genuine pre-existing dispute (per the Mobilox Innovations test). The pre-existing-dispute defence is the primary route through which corporate debtors contest Section 9 admissions.

Once admitted, CIRP commences with appointment of an Insolvency Professional, public announcement, claim collection, formation of the Committee of Creditors, and the statutory moratorium under Section 14. The 180-day initial CIRP timeline (extendable to 270 days) frames the procedural calendar.

Jurisdiction

Appellate jurisdiction over orders of Debt Recovery Tribunals in Delhi and other regions assigned to the DRAT Delhi bench.

Matter Types

• Appeals from DRT orders within 30 days
• Stay applications and interim relief during appeal
• Review petitions against DRT orders
• Recovery-Officer proceeding appeals

Governing Statute

Recovery of Debts Due to Banks and Financial Institutions Act 1993, Sections 18 and 19; Debt Recovery Appellate Tribunal (Procedure) Rules 1994

Appeals

Writ jurisdiction at the High Court; limited Supreme Court review

Practice Notes

The DRAT Delhi hears appeals from DRT orders in Delhi and the regions assigned to its appellate jurisdiction. Appeals must be filed within thirty days of the order being appealed against, with limited scope for condonation of delay.

A pre-deposit requirement applies to most DRAT appeals — typically fifty per cent of the amount due, with possible reduction at tribunal discretion. This pre-deposit requirement materially constrains appellate strategy and often determines whether a DRT order is appealed or accepted as final.

The substantive scope of DRAT review focuses on errors of law and procedure rather than re-adjudication of factual findings. Substantial-question-of-law jurisdiction allows the DRAT to address material legal issues without re-trying the underlying facts.

Further review of DRAT orders is available through writ petitions before the High Court (where errors of law warrant intervention) and limited Supreme Court review on substantial questions of law.

Jurisdiction

Appellate jurisdiction over orders of NCLT benches across India in IBC and Companies Act matters.

Matter Types

• Appeals from NCLT IBC orders
• Appeals from NCLT Companies Act orders
• Stay and interim-relief applications during appeal pendency
• Review petitions

Governing Statute

Insolvency and Bankruptcy Code 2016, Section 61; Companies Act 2013, Section 421; NCLAT Rules 2016

Appeals

Supreme Court of India under Section 62 of the IBC and Section 423 of the Companies Act 2013

Practice Notes

The NCLAT is the appellate forum for all NCLT orders. Appeals must be filed within thirty days, with limited condonation. The NCLAT's jurisprudence shapes the operational framework of the IBC and Companies Act through interpretation of statutory provisions.

Key NCLAT and Supreme Court IBC judgments — Innoventive Industries (Section 7 admissions), Mobilox Innovations (pre-existing dispute under Section 9), K. Sashidhar (CoC commercial wisdom), Rainbow Papers (statutory dues), Vidarbha Industries (NCLT discretion in admission) — directly govern current practice.

The pace of NCLAT jurisprudence in IBC matters is rapid. The chambers monitor judgments closely and apply current authoritative interpretation in matters at admission, CIRP, and resolution stages.

Further appeals to the Supreme Court of India lie under Section 62 of the IBC and Section 423 of the Companies Act 2013, on substantial questions of law.

Jurisdiction

Civil and criminal trial jurisdiction within respective territorial limits of Delhi. Civil pecuniary jurisdiction up to specified threshold (above which matters fall within Delhi High Court original jurisdiction).

Matter Types

• Civil suits under the Code of Civil Procedure 1908
• Section 138 Negotiable Instruments Act criminal complaints
• Section 14 SARFAESI applications before Chief Metropolitan Magistrates
• Suit recovery applications below the High Court pecuniary threshold
• Bail applications and trial of criminal commercial matters
• Probate and succession matters within the district court's pecuniary limit

Governing Statute

Code of Civil Procedure 1908; Code of Criminal Procedure 1973; Delhi Civil Courts Act and related rules

Appeals

Delhi High Court for civil appeals; Sessions Court or Delhi High Court for criminal matters depending on the nature of the order

Practice Notes

Delhi has multiple district court complexes covering different territorial areas of the city — Patiala House (New Delhi district), Tis Hazari (West and Central Delhi), Karkardooma (East Delhi and Shahdara), Saket (South Delhi), Rohini (North-West Delhi), and Dwarka (South-West Delhi).

Section 138 NI Act criminal complaints are filed at the magistrate court having territorial jurisdiction based on the place where the cheque was presented for payment (per the Dashrath Rupsingh Rathod judgment and subsequent jurisdictional jurisprudence). The chambers handle Section 138 matters across all major Delhi magistrate courts.

Section 14 SARFAESI applications for assistance in taking physical possession are filed before the Chief Metropolitan Magistrate or District Magistrate having jurisdiction over the location of the secured asset. These applications form a routine part of the chambers' SARFAESI practice.

Civil recovery suits below the Delhi High Court pecuniary threshold are filed in the appropriate district court. The Commercial Courts Act 2015 framework applies to commercial disputes above the prescribed value, with specialised commercial benches at certain district court complexes.