Expanding NCLT Strength for Faster Insolvency Resolution

Addressing rising delays at NCLT is crucial for effective insolvency resolution and tackling India's bad loan problem.
SuryaSurya
6 mins read
India’s NCLT and IBC accelerate resolution of bad loans, strengthening banks’ balance sheets
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1. Improving Asset Quality of Indian Banks: Recent Trends

The Indian banking sector has witnessed a sustained improvement in asset quality over recent years, reflected in a sharp decline in stressed assets. By March 2025, the Gross Non-Performing Asset (GNPA) ratio fell to 2.2%, a multidecade low, down from 2.7% in March 2024, indicating healthier balance sheets and improved credit discipline.

This trend continued into FY26, with GNPA further easing to 2.1% by September 2025. Simultaneously, the Net NPA (NNPA) ratio declined to 0.5%, supported by aggressive provisioning by banks. Lower NNPA reflects stronger shock-absorption capacity and reduced systemic risk.

A critical driver of this improvement has been recoveries and upgrades. During FY25, 42.8% of the reduction in GNPAs was attributable to these factors, underscoring the role of institutional recovery mechanisms rather than mere write-offs.

If such improvements were absent, banks would face capital erosion, constrained lending capacity, and weaker monetary transmission, adversely affecting economic growth.

The sustained fall in GNPA and NNPA ratios signals that institutional reforms, provisioning discipline, and recovery mechanisms are reinforcing financial stability; ignoring this momentum risks reversal into a credit stress cycle.

Key statistics:

  • GNPA: 2.2% (Mar 2025)2.1% (Sep 2025)
  • NNPA: 0.5% (Mar & Sep 2025)
  • Contribution of recoveries/upgrades to GNPA reduction: 42.8% (FY25)

2. Declining Slippages and Credit Discipline

Alongside lower NPAs, the slippage ratio—fresh NPAs as a share of standard advances—has declined for the fifth consecutive year, reaching 1.4% in March 2025 and 1.3% in September 2025. This indicates improved borrower behaviour and better risk assessment by banks.

Lower slippages suggest that credit growth is not coming at the cost of asset quality. It also reflects strengthened supervision, early warning systems, and tighter underwriting standards post the NPA crisis of the previous decade.

For governance, declining slippages reduce the future pipeline of stressed assets, thereby lowering fiscal and quasi-fiscal risks associated with bank recapitalisation.

If slippages were rising, current NPA improvements would be temporary, leading to a renewed stress cycle and undermining confidence in banking reforms.

Falling slippage ratios show that asset quality improvement is structural rather than cyclical; ignoring early credit risks would merely defer the NPA problem.

Key statistics:

  • Slippage ratio: 1.4% (Mar 2025)1.3% (Sep 2025)

3. Evolution of Insolvency Framework: From Delays to IBC

India’s journey towards faster resolution of corporate distress began with the Eradi Committee (1999), whose recommendations led to company law reforms and the establishment of the National Company Law Tribunal (NCLT). This marked a shift from fragmented and slow judicial processes.

Prior to the Insolvency and Bankruptcy Code (IBC), recovery cases moved from civil courts to Debt Recovery Tribunals (DRTs) under the Recovery of Debts and Bankruptcy Act, 1993. However, these mechanisms suffered from long delays, often exceeding a decade, leading to severe asset value erosion.

The IBC, legislated in 2016 based on the Bankruptcy Law Reforms Committee (T.K. Viswanathan) report, created a single-window insolvency framework under the IBBI and NCLT, aiming to minimise time and cost of resolution.

Without such consolidation, recovery mechanisms would remain fragmented, discouraging credit flow and increasing the cost of capital in the economy.

Institutional consolidation through IBC corrected decades of legal inefficiency; neglecting such reform would perpetuate value destruction and credit stagnation.

4. Working of the IBC–NCLT Resolution Process

Under the IBC, once a case is admitted by the NCLT, an Interim Resolution Professional (IRP) is appointed to collate claims and constitute the Committee of Creditors (CoC) comprising financial creditors. This ensures creditor-driven resolution.

The process involves preparation of an information memorandum, invitation of expressions of interest, evaluation of resolution plans, and approval by the CoC. The Supreme Court has upheld the primacy of CoC’s commercial wisdom, limiting judicial interference.

The Resolution Professional (RP) submits the approved plan to the NCLT for final approval. Regulations restrict late bids to maintain timelines, though flexibility exists in exceptional cases.

If this structured process weakens, uncertainty for investors and creditors would rise, diluting the credibility of insolvency resolution.

The creditor-in-control model under IBC aligns incentives for faster resolution; undermining it would revive litigation-driven delays.

5. Rising Pendency and Time Overruns in NCLT

Despite institutional gains, delays have emerged as a critical challenge. The average time for resolution rose from 375 days (FY20) to 713 days (FY25), far exceeding the statutory 270-day limit, and even the amended 330-day cap including litigation.

Case pendency has remained persistently high. In FY25, although 723 cases were admitted, 1,926 cases remained pending, reflecting capacity constraints rather than declining insolvency incidence.

Prolonged resolution erodes asset value, reduces recovery for creditors, and delays redeployment of capital to productive uses, weakening economic efficiency.

If delays persist, the credibility of IBC as a time-bound mechanism will erode, encouraging strategic defaults and litigation.

Time overruns negate the core economic logic of IBC—value maximisation through speed; ignoring delays risks turning resolution into prolonged liquidation.

Key statistics:

  • Average resolution time: 375 days (FY20)713 days (FY25)
  • Pending cases: 1,926 (FY25)

6. Institutional Capacity Constraints and Reforms

The NCLT currently operates with 39 members against a sanctioned strength of 63 across 16 Benches. This shortage directly contributes to rising pendency and delayed hearings.

The government proposes to raise the strength to 85 members immediately, with plans to add 200 more in coming years. This expansion aims to align institutional capacity with the growing insolvency caseload.

Additionally, a recent IBC amendment has introduced a group insolvency framework, enabling creditor-initiated, out-of-court resolution for related entities, potentially reducing procedural delays.

Without timely capacity augmentation, even well-designed legal frameworks fail at the implementation stage.

Institutional capacity is the backbone of legal reform; ignoring staffing and bench strength converts procedural efficiency into systemic delay.

Policy measures:

  • Increase NCLT members: 39 → 85 (proposed)
  • Introduction of group insolvency framework

7. Impact on Banking Stability and Economic Recovery

Through the IBC–NCLT mechanism, banks and creditors have resolved and realised at least ₹4 trillion, significantly strengthening balance sheets and improving lending capacity.

Faster recycling of stressed assets enables banks to extend fresh credit, while transfer of management to new owners helps revive closed or inefficient firms, supporting employment and growth.

Although higher courts have overturned some NCLT/NCLAT decisions on procedural grounds, the overall framework has proven critical in restoring credit discipline.

If resolution slows, capital remains locked in unproductive assets, weakening investment and growth prospects.

Efficient insolvency resolution links financial stability with real-sector revival; delays sever this linkage and dampen growth.

Conclusion

India’s declining NPAs reflect the cumulative impact of provisioning discipline and institutional insolvency reforms under the IBC. However, rising delays at the NCLT threaten to dilute these gains. Strengthening adjudicatory capacity, enforcing timelines, and leveraging new frameworks like group insolvency are essential to sustain banking stability and support long-term economic growth.

Quick Q&A

Everything you need to know

Decline in GNPAs: The gross non-performing asset (GNPA) ratio of Indian banks has declined to a multidecade low of 2.2% in March 2025 from 2.7% a year earlier. The net NPA (NNPA) ratio, reflecting the impact of provisions, stood at 0.5% in March 2025. The improvement is attributed to recoveries, upgrades, and aggressive provisioning by banks.

Reduction in slippage: The slippage ratio, which measures fresh NPAs as a share of standard advances, declined for the fifth consecutive year to 1.4% in March 2025 and further to 1.3% by September 2025, indicating fewer new defaults.

Implications: Lower NPAs strengthen the banking sector, improve capital adequacy ratios, and provide more capacity for banks to lend. The trend reflects improved credit discipline, regulatory oversight, and institutional mechanisms like the IBC and NCLT that accelerate recovery and resolution of bad loans.

Genesis of IBC: The IBC was enacted in 2016 based on recommendations of the Bankruptcy Law Reforms Committee to streamline corporate insolvency and reduce the time and cost of resolving defaulted assets. Prior mechanisms, such as DRTs and civil courts, were slow and often ineffective, causing value erosion of distressed assets.

Impact on resolution: IBC introduced a time-bound, single-window insolvency process managed by the NCLT and regulated by the IBBI. The code allowed faster recovery through structured procedures involving interim and resolution professionals, committees of creditors, and evaluation of resolution plans. Since inception, banks and financial institutions have resolved and realized approximately ₹4 trillion in bad assets.

Systemic benefits: Beyond recovery, IBC ensures corporate restructuring, facilitates mergers and demergers, and strengthens creditor confidence. By giving banks and investors a transparent and enforceable legal mechanism, IBC supports financial stability, encourages disciplined lending, and fosters a culture of accountability in corporate governance.

Functioning of NCLT: NCLT serves as a quasi-judicial body for corporate insolvency and restructuring. Upon admission of a case, an interim resolution professional (IRP) is appointed, followed by a resolution professional (RP). The RP prepares the information memorandum and invites expressions of interest from potential bidders. The Committee of Creditors (CoC) evaluates plans and recommends a resolution, which requires NCLT approval. Courts cannot challenge the commercial wisdom of CoC decisions.

Challenges: Despite procedural clarity, the time to resolve cases has steadily increased from 375 days in FY20 to 713 days in FY25, often exceeding the intended 270-day timeline. Delays arise due to litigation, complexity of cases, and shortage of NCLT members (39 out of sanctioned 63).

Implications: Delays erode asset value, diminish recovery for creditors, and slow capital recycling. Addressing these challenges through increasing NCLT membership, creating more benches, and implementing the group insolvency framework is essential for timely resolution and strengthening the banking sector.

Litigation and appeals: Defaulters frequently move to appellate bodies like the NCLAT, high courts, and even the Supreme Court, extending timelines. While the IBC stipulates 270–330 days for resolution, litigation adds unpredictability.

Resource constraints: Limited NCLT members (39 out of 63) and insufficient benches delay case hearings. Pending cases accumulate over years, and complexity of corporate structures can prolong the process.

Process complexity: Multiple stages—from appointment of IRP and RP, CoC evaluation, to bid verification and plan submission—require coordination among stakeholders. Delays in any stage, including obtaining bids or finalizing resolution plans, contribute to exceeding the stipulated timelines.

Outcome: Prolonged resolution reduces recoverable asset value, affects bank balance sheets, and delays management handover, impacting overall credit efficiency and investment confidence.

Positive impact: IBC and NCLT have significantly strengthened banks' balance sheets by enabling faster resolution and realization of bad assets, approximately ₹4 trillion. By providing a structured and enforceable mechanism, they instill creditor confidence, reduce NPAs, and facilitate corporate restructuring.

Limitations: Delays in resolution, understaffed NCLT benches, and litigation continue to erode asset value. Time taken for closure has risen to over 700 days for many cases, which undermines the intended efficiency of the system. Some resolutions may also be challenged in courts, causing further uncertainty.

Economic implications: Efficient resolution allows funds to be redeployed into productive sectors, enhances credit availability, and strengthens financial stability. However, persistent delays and systemic bottlenecks hinder optimal capital recycling, affecting investment, growth, and the overall ease of doing business in India.

Case study: Between 2017 and 2020, the NCLT admitted 3,774 insolvency cases. For instance, a major manufacturing company defaulted on bank loans, prompting initiation under IBC. An IRP was appointed, followed by a resolution professional, who prepared the information memorandum and invited bids.

Resolution process: The CoC evaluated the bids, approved a resolution plan, and submitted it to the NCLT. Despite litigation challenges, the case was closed with the successful handover of the company to new management, allowing continued operations, saving jobs, and ensuring creditor recovery.

Significance: This demonstrates how the NCLT, under IBC, converts distressed companies into viable entities, restores asset value, and reinforces the role of structured legal mechanisms in enhancing banking sector health and economic stability.

Increasing NCLT capacity: Expanding the number of NCLT members from 39 to 85 immediately, and further adding 200 over the next few years, will reduce case backlog and expedite hearings.

Enhancing procedural efficiency: Strict adherence to timelines for CoC evaluations, expression of interest, bid submission, and plan approval can reduce delays. The group insolvency framework introduced recently also allows creditor-initiated out-of-court resolutions.

Reducing litigation delays: Streamlining appellate processes and setting deadlines for appeals can ensure timely closure of cases. Combining these measures will accelerate the recycling of funds from bad assets, improve recovery rates, and enable banks to expand lending, thereby bolstering economic growth and financial sector stability.

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