Glossary

What is a Section 9 IBC application and the Section 8 demand notice?

Section 9 of the Insolvency and Bankruptcy Code lets an operational creditor apply to the NCLT to start the corporate insolvency resolution process against a company that has not paid. It must be preceded by a demand notice under Section 8, which gives the company 10 days to pay or show a dispute.

1,000+
businesses onboarded
₹50 Cr+
invoice value handled
700+
businesses got their money back
60%
of cases settled before court
Short answer

The Section 8 demand notice (Form 3, or a copy of the unpaid invoice with Form 4) is served on the corporate debtor demanding payment of the operational debt. If, within 10 days of delivery, the debtor neither pays nor brings to notice a pre-existing dispute or pending suit or arbitration, the creditor may file an application under Section 9 (Form 5) before the NCLT. The default must be at least ₹1 crore.

How the process works in India

  1. Confirm the debt is operational, in default, undisputed and at least ₹1 crore.
  2. Serve the Section 8 demand notice at the registered office and on the email addresses of the company and its directors.
  3. Wait 10 days. Track any reply: a reply that only invents a dispute after the notice does not defeat the application, but a dispute raised earlier usually does.
  4. File Form 5 with the invoices, the demand notice, proof of delivery, an affidavit that no notice of dispute was received, and bank records showing no payment.
  5. The NCLT hears the debtor and admits or rejects. On admission, a moratorium begins and an interim resolution professional is appointed.

The key test, from the Supreme Court's 2017 Mobilox decision, is whether a plausible dispute existed before the notice, so emails and statements of account are decisive.

Why it matters for getting paid

Many companies settle before admission, because admission takes the board out of control. A creditor who has already accepted payment can withdraw under Section 12A, with Committee of Creditors approval if one has been formed. The risk is filing without a clean record: a rejected application costs time, and Section 65 penalises initiating insolvency fraudulently or with malicious intent for a purpose other than resolution.

How FundRaksha uses it

For eligible claims, FundRaksha's advocates draft the Section 8 notice with the invoice-wise default and the delivery evidence, so that any later "dispute" is visibly an afterthought. Notices go out within 24 hours of complete documents. If the company does not pay, the same advocate prepares and files the Section 9 application. Below ₹1 crore, the right tool is usually a legal notice for payment. Book a free consultation to check eligibility.

Worked example (hypothetical)

An Ahmedabad chemicals supplier is owed ₹2,15,00,000 by a private limited company on invoices due between January and April. All deliveries were acknowledged on GRNs and no complaint was raised. The Section 8 notice is delivered on 1 June. The 10-day window ends on 11 June with no payment and no reply. The supplier files Form 5 on 20 June. Before the admission hearing, the company proposes ₹1,15,00,000 immediately and ₹1,00,00,000 in two monthly instalments of ₹50,00,000. The supplier accepts in writing, keeps the application pending until the last instalment clears, then withdraws it.

Last reviewed: 2026-10-08. Information for Indian businesses; not legal advice.

Free, no obligation

Free consultation and case assessment

मुफ़्त सलाह, कोई शुल्क नहीं

Talk to a FundRaksha recovery expert for free. In one call we assess your unpaid invoices and tell you honestly what can be recovered, how, and in roughly how long. No fee for the call, no obligation, and no upfront cost if you go ahead: our fee is a percentage of what we actually recover.

  • A review of your invoices, purchase orders, delivery proof and the buyer’s replies
  • An honest assessment of recovery chances and the right route: reminders, legal notice, MSME Samadhaan, Section 138 or a civil suit
  • A realistic timeline and the exact cost: nothing upfront, a success fee only on recovery
  • A dedicated advocate assigned within 24 hours if you decide to proceed
Keep these ready
  • The unpaid invoice(s) and payment terms
  • Purchase order, delivery challan, e-way bill or proof of service
  • Messages, emails or letters about the payment
  • For a bounced cheque: the cheque and the bank return memo

No recovery, no fee. Court fees, if any, are borne by the client and told upfront.

FAQ

Questions, answered

No. It is a statutory notice in a prescribed form and its contents and service are scrutinised by the NCLT. A general [demand notice](/glossary/demand-notice) for payment does not qualify on its own.

This page is general information for Indian businesses, not legal advice for your specific case. Laws, rates and procedures change; speak to an advocate before acting. FundRaksha LegalTech Pvt Ltd is a technology company; legal work is carried out by enrolled advocates.