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The Rupee Cost of One Adjournment: A Financial Analysis of Institutional Delay in India’s Insolvency Tribunals

I. Abstract

The Insolvency and Bankruptcy Code of 2016 drew a 330 day outer ceiling for corporate insolvency resolution. A decade later, the average resolution process takes 602 days to complete with lenders facing an average haircut of 67% on accepted claims1,2. The existing literature attributes this delay to a procedural failure3. This blog argues it is calculable. Using bench-level data from NCLT Kolkata – 680 day average, adjournment ratio of 0.67, approximately 11 wasted hearing dates per case, this blog builds a financial model to estimate asset value erosion per adjournment. Using Investment Information and Credit Rating Agency of India Limited (ICRA) report that documents relationship between delay and recovery loss and applying conservative depreciation assumptions to claim value, the blog shows that each adjournment at NCLT Kolkata adds approximately 45 inter-listing days4, accumulating into a value loss that far exceeds any procedural justification. When you start thinking about absorption not as a scheduling issue but as a financial event with a high cost impact, the rationale for structural reform becomes not merely administrative but also an issue of trust.

II. Introduction

When an NCLT bench adjourns an IBC case and data shows this happens in two out of every three hearings, it means the case is given a next date without substantive progress. However, the existing discourse does not attempt to quantify the financial cost – not in rupees, not per case, not in total. By June 2025, CIRPs that resulted in resolution plans took an average of 602 days to complete compared to the legal limit of 330 days and about 78% of ongoing CIRPs are running longer than 270 days5. At NCLT Kolkata6, the picture is clearer, a primary dataset of 42 urgent IBC cases disposed of between 2017 and 2025 shows an average time of 680 days, a median of 543 days and an adjournment ratio of 0.67. This ratio, applied to an average of 16.7 listings per case, means that no urgent order was passed on approximately 11 hearing dates per case, on which parties appeared, the bench sat, the case was heard but nothing progressed7.

III. What Delay Does to Asset Value

The relationship between CIRP duration and creditor recovery isn’t just correlational, it’s causal. Delays erode asset values, with lenders facing a net loss of approximately 67%8. This is ICRA’s conclusion, drawn from comprehensive IBC outcome data up to March 2025.     

A company in CIRP is a stressed asset. Its machinery is depreciating, workforce uncertain, customers leaving, and brand eroding. Every day that the resolution process drags on, the gap between what creditors are owed and what can actually be recovered from the underlying assets widens. Liquidation cases tell this story most clearly. The 1,274 fully liquidated companies had outstanding claims totaling ₹4.04 lakh crore while their assets were worth only ₹0.15 lakh crore at the time of liquidation. Asset value wasn’t just reduced but was virtually wiped out.

IV. Forming the Model

To estimate the rupee cost of one adjournment decision, let’s consider an IBC case at Kolkata Bench. Assuming financial claims of ₹50 crore and a 15% of annual depreciation rate10 as a conservative manufacturing and infrastructure asset.   
  • Table 1 sets out the model parameters:
Parameter Value Unit Basis
Admitted Financial Claim 50 ₹ Crore Assumed mid sized IBC case
Annual Asset Depreciation Rate 15% Per annum Schedule II, Companies Act, 2013 – mfg/infra asset rate
Daily Value Erosion ₹0.21 ₹ Lakh/day (50Cr × 15%) ÷ 365 days
Avg Inter-Listing Gap (Kolkata) 45 Days Primary dataset (NCLT Kolkata)
Mean Adjournment Ratio (IBC) 0.67 Ratio Primary dataset (42 IBC cases)
Mean Listings per IBC Case 16.7 Hearings Primary dataset (NCLT Kolkata)
Wasted Hearing Dates per Case 11 Dates 16.7 × 0.67 ≈ 11 unproductive dates
Total Adjournment-driven Days 495 Days 11 dates × 45 days avg gap
   Note: Almost all the inputs are taken from the primary dataset of NCLT Kolkata except for the depreciation rate.
  • Table 2 shows asset value erosion at each statutory milestone:  
Milestone Days Asset Value (₹ in Cr) Value Eroded (₹ in Cr) % Erosion Status Source
IBC Inner Limit11 180 ₹46.30 3.70 7.4% Compliant Section 12 IBC 2016
IBC Outer Limit12 330 ₹43.22 6.78 13.6% Last chance Section 12 IBC 2016
National Avg (ICRA) 602 ₹37.63 12.37 24.7% Breach ICRA Report, 2025
NCLT Kolkata Mean 680 ₹36.03 13.97 27.9% Breach Primary dataset, 2025
Had the case been resolved within the IBC Inner Limit of 180 days, the loss would have been only ₹3.70 crore. Crossing the IBC Outer Limit of 330 days already meant a ₹6.78 crore erosion. By the time the average IBC case at NCLT Kolkata is resolved in 680 days, assets worth ₹13.97 crore have been damaged which is 27.9% of the original ₹50 crore claim The difference of ₹10.27 crore is the cost of missing the deadline.
  • Table 3 tracks cumulative value destruction per adjournment:
Adjournment No. Cumulative Wasted Days Cumulative Days in CIRP Asset Value (₹ in Cr) Value Destroyed This Adjournment (₹ in L) Total Destroyed So Far (₹ in L)
1 45 375 42.29 92.47 92.47
2 90 420 41.37 92.47 184.9
3 135 465 40.45 92.47 277.4
4 180 510 39.52 92.47 369.86
5 225 555 38.6 92.47 462.33
6 270 600 37.67 92.47 554.79
7 315 645 36.75 92.47 647.26
8 360 690 35.82 92.47 739.73
9 405 735 34.9 92.47 832.19
10 450 780 33.97 92.47 924.66
11 495 825 33.05 92.47 1017.13
Every redundant hearing date adds an inter-listing lag of approximately 45 days, the average gap between consecutive listing dates in the primary dataset. This means a total loss of ₹13.97 crore over an average 680 day period. Furthermore, equating this to the average accepted claim in IBC cases resolved nationally, creditors recovered approximately 32% of claims in IBC resolutions by 2024, equivalent to 85% of the fair asset value13. This adjournment is not a neutral one. It is a transfer of money from creditors to delay.

V. What This Means for Reform

The standard argument for increasing NCLT’s capacity relies on the institutional logic of more benches, faster disposal and shorter queues. That logic is sound but incomplete. Every IBC case at Kolkata beyond its statutory timeline results in measurable, accumulating financial loss which is directly attributable to two courtrooms serving four regions, an adjournment ratio of 0.67 and a scheduling system blind to the cost of waiting.

The IBC Amendment Bill of 2025, proposes three key reforms – mandatory admission timeline, a limited withdrawal window and a new out-of-court CIIRP process. These are meaningful steps toward reducing procedural delays and improving recovery outcomes14.These are practical reforms, no doubt about it, but none of them address adjournments or the cost of the gap between listing dates. The missing reform is straightforward: adjournment accountability. Every order sheet that records an adjournment should be required to note the reason, the number of days lost and the cumulative delay against the statutory timeline. Over time, this creates an auditable record of institutional delay and makes the cost of each adjournment visible to the system that is causing it.         

Until we treat the order sheet as a financial document rather than a mere procedural document, we will continue to reform the law while the monetary cost of institutional delays remains unaccounted for and ignored.

1ICRA Ltd., “IBC – Structured Finance Analysis” (June 2025), Available at: https://www.icra.in/Rating/DownloadResearchSpecialCommentReport
2Ruchika Chitravanshi,‘Haircuts touch 67% under IBC AS creditor recovery stays low till Sep 2025’ Business Standard (November 23rd 2025), Available at: https://www.business-standard.com/industry/news/ibc-haircuts-2025-creditor-recovery-cirp-delays-ibbi-data
3Parliamentary Standing Committee on Finance, ‘Report of the Standing Committee on Finance on Insolvency and Bankruptcy Law and NCLT & NCLAT, Third Report (Lok Sabha Secretariat, December 2024), Available at: https://ibclaw.in/report-of-standing-committee-on-finance-2024-25-on-insolvency-and-bankruptcy-law-and-nclt-nclat-december-2024/#:~:text=Report%20of%20Standing%20Committee%20on,December%2011%2C%202024 
4Sumit Kumar, ‘Institutional and Empirical Study of National Company Law Tribunal (NCLT), Kolkata’, Available at: https://docs.google.com/spreadsheets/d/1pagKlxDsf35RNH8qVL__zqFRigdbTLa8/edit?usp=sharing&ouid=108687615396270145422&rtpof=true&sd=true 

5TRT Editorial, ‘Proposed IBC Amendments Positive but Recovery Rates and Timelines Remain a Concern: ICRA’ (The realty Today, January 4th 2026), Available at: https://therealtytoday.com/news/regulatory/proposed-ibc-amendments-positive-but-recovery-rates-and-timelines-remain-a-concern-icra/
6National Company Law Tribunal;Available at: https://nclt.gov.in/national-company-law-tribunal 
7Sumit Kumar, ‘Institutional and Empirical Study of National Company Law Tribunal (NCLT), Kolkata’, Available at: https://docs.google.com/spreadsheets/d/1pagKlxDsf35RNH8qVL__zqFRigdbTLa8/edit?usp=sharing&ouid=108687615396270145422&rtpof=true&sd=true  
8Vishrut Kansal, ‘From Resolution to Resilience: Building an Insolvency Risk Barometer for India’ (Oxford Business Law Blog, November 3rd 2025), Available at: https://blogs.law.ox.ac.uk/oblb/blog-post/2025/11/resolution-resilience-building-insolvency-risk-barometer-india 
9Palash Taing and Supriya Kumari, ‘IBC Amendment Bill, 2025: A Paradigm Shift in India’s Insolvency Landscape’ (TLH, December 9th 2025), Available at: https://www.tlh.law/insights/ibc-amendment-bill-2025-a-paradigm-shift-in-indias-insolvency-landscape 
10Ministry of Corporate Affairs, ‘Schedule II, Companies Act, 2013’ – (Part C, Useful lives to compute depreciation), Available at: https://upload.indiacode.nic.in/schedulefile?aid=AC_CEN_22_29_00008_201318_1517807327856&rid=9 
11The IBC Inner Limit (180 days) refers to the default timeline prescribed under Section 12(1) of the Insolvency and Bankruptcy Code, 2016, within which the CIRP must ordinarily be completed. 
12The IBC Outer Limit (330 days) refers to the maximum permissible timeline under Section 12(3), including any extensions granted by the Adjudicating Authority, beyond which CIRP must mandatorily conclude.
13Riya Kapoor, ‘India’s IBC Reforms: What’s In, What’s Out? ICRA Flags Real Estate Blind Spot!’ (Whalesbook, December 29th 2025), Available at: https://www.whalesbook.com/news/English/economy/Indias-IBC-Reforms-Whats-In-Whats-Out-ICRA-Flags-Real-Estate-Blind-Spot/ 
14TRT Editorial, ‘Proposed IBC Amendments Positive but Recovery Rates and Timelines Remain a Concern: ICRA’ (The realty Today, January 4th 2026), Available at: https://therealtytoday.com/news/regulatory/proposed-ibc-amendments-positive-but-recovery-rates-and-timelines-remain-a-concern-icra/ 

 

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