1. Introduction & Jurisdiction
The National Company Law Appellate Tribunal (NCLAT) is a statutory appellate body established under Section 410 of the Companies Act, 2013, to adjudicate appeals from the National Company Law Tribunal (NCLT) and certain other authorities.
Broadly, its jurisdiction includes:
- Appeals under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) against NCLT orders.
- Appeals under the Companies Act, 2013, against orders of the NCLT.
- Appeals under competition law and other allied statutes where specifically provided.
The principal bench of the NCLAT is located in New Delhi, and there is also a bench in Chennai.
2. When & Who Can File an Appeal
2.1 Time Limit for Filing
Under Section 61 of the Insolvency and Bankruptcy Code, 2016, an appeal to the NCLAT must be filed within 30 days from the date of receipt of the impugned order of the NCLT. The NCLAT may, if satisfied that there was sufficient cause, extend this period by a further 15 days. In effect, the outer limit for filing an appeal under IBC is usually 45 days.
For appeals under other statutes (such as the Companies Act, 2013 or Competition Act), the limitation period will be as prescribed under those specific laws.
2.2 Who Can File an Appeal
Any “person aggrieved” by an order of the NCLT or other competent authority can approach the NCLAT, including:
- Financial creditors and operational creditors under the IBC.
- Corporate debtors and their promoters or shareholders, where permitted by law.
- Resolution professionals, liquidators and insolvency professionals.
- Company management, directors and other stakeholders affected by NCLT orders.
- Any other person specifically authorized under the relevant statute.
3. Preparing the Appeal — Key Documents and Format
Appeals before the NCLAT are governed mainly by the National Company Law Appellate Tribunal Rules, 2016 (“NCLAT Rules”) and the checklists/notifications issued from time to time.
3.1 Basic Format Requirements
- Appeal should be typed or printed on standard petition paper, using one side of the sheet.
- Maintain appropriate margins (commonly: top about 4 cm, left 5 cm, right 2.5 cm).
- Text should generally be double-spaced and clearly legible.
- The cause title must clearly state:
- Name of the Tribunal (e.g., “IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI”).
- Appeal number (to be filled by registry) and year.
- Statute under which the appeal is preferred (e.g., “Appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016”).
- Names, descriptions and addresses of all parties must be correctly mentioned.
- If a party is represented through an authorised representative or power of attorney holder, mention the same specifically.
3.2 Essential Contents of Memorandum of Appeal
The memorandum of appeal should typically contain:
- Details of the impugned order (case number, date, name of NCLT bench).
- Factual background and brief history of the case.
- Specific grounds of challenge to the impugned order, numbered consecutively.
- Reliefs sought (e.g., setting aside the order, remand, modification, stay, etc.).
- List of dates and events, for quick reference by the bench.
- Verification and affidavit by the appellant or authorised signatory.
3.3 Documents and Annexures
Along with the appeal, the following are usually required:
- Certified copy of the impugned order of the NCLT or relevant authority.
- Copies of pleadings, applications, replies, rejoinders and documents that were on record before the NCLT, as relevant to the appeal.
- Board resolution/authorisation or power of attorney in favour of the person filing/signing the appeal.
- Vakalatnama or authorization in favour of the advocate/representative.
- Index of documents and list of annexures, properly paginated.
- Proof of payment of the prescribed court fee.
- Certified English translations of any documents in vernacular languages.
3.4 E-Filing Facility
The NCLAT provides an e-filing facility through its portal, where parties can file appeals, interlocutory applications, replies and rejoinders electronically. Registration on the e-filing portal is required, and documents must be uploaded in the prescribed format along with online payment of court fees.
4. Step-by-Step Procedure to File an Appeal before NCLAT
4.1 Step 1 — Determine Appealability & Limitation
- Confirm that the impugned order is appealable to the NCLAT under the specific statute.
- Calculate the limitation period carefully from the date of receipt of the impugned order.
- If the appeal is being filed beyond the ordinary limitation period, prepare an application for condonation of delay, supported by an affidavit setting out sufficient cause.
4.2 Step 2 — Draft the Memorandum of Appeal
- Prepare the cause title and description of parties in accordance with the NCLAT Rules.
- Set out material facts succinctly in the “facts” section.
- Draft legal grounds of challenge in separate, clearly numbered paragraphs.
- Specify the reliefs sought (including any interim/stay relief, where applicable).
- Prepare an affidavit in support of the appeal and annexures.
4.3 Step 3 — Pay Filing Fee
- Pay the prescribed court fee as per the relevant statute and NCLAT Rules.
- Keep proof of payment (online payment receipt/challan) ready for submission with the appeal.
4.4 Step 4 — Submission of Appeal (E-Filing and Physical Filing)
Depending on the prevailing procedure and bench directions, appeals may be filed by:
- E-Filing: Register on the NCLAT e-filing portal, upload the memorandum of appeal and annexures in the prescribed format, pay court fee online, and complete the e-filing process.
- Physical Filing: Submit the requisite number of hard copies (often in triplicate), properly indexed and bound, along with the court fee receipt and supporting documents at the NCLAT Registry.
4.5 Step 5 — Scrutiny & Listing
- The Registry scrutinises the appeal for defects (if any) and may mark objections.
- Defects must be cured within the stipulated time.
- Once the appeal is found in order, it is registered and listed for admission. For urgent matters, a mentioning/application for early listing may be filed.
4.6 Step 6 — Service on Respondents & Filing of Replies
- Serve complete sets of the appeal and annexures on all respondents as per NCLAT Rules.
- Respondents may file their replies within the time permitted by the Tribunal.
- The appellant may thereafter file a rejoinder, if allowed.
4.7 Step 7 — Hearing
- The matter is heard either through physical appearance or video conferencing, depending on the bench and current SOPs.
- Counsel or authorised representatives make oral submissions, refer to written submissions and documents, and answer queries from the bench.
- Interim orders (such as stay or injunctions) may be granted at admission or subsequent hearings, if warranted.
4.8 Step 8 — Judgment/Order & Further Appeal
- After hearing the parties, the NCLAT may pronounce the order immediately or reserve judgment to be delivered later.
- Certified copies of the NCLAT’s order can be obtained from the Registry.
- An aggrieved party may, subject to law, approach the Supreme Court of India against an order of the NCLAT within the prescribed period, typically by way of a statutory appeal or special leave petition.
5. How to Access Latest NCLAT Judgments & Orders
NCLAT judgments and orders are a critical source of precedent for corporate and insolvency jurisprudence. To access the most recent decisions:
- Visit the official NCLAT website and navigate to the “Judgements” or “Orders” section to search by case number, party name, date or bench.
- Daily orders and cause lists are published for each bench, enabling parties and practitioners to track hearings and outcomes.
- Many legal research platforms, law journals and reporting services also publish NCLAT decisions with headnotes and case notes.
- For comprehensive research, combine official NCLAT search with commercial databases and case law digests on IBC and company law.
6. Recent Trends & Practical Tips for NCLAT Practice
- E-filing and virtual hearings: E-filing has become increasingly entrenched, and virtual hearings are common. Ensure documents are properly scanned, bookmarked and uploaded as per portal requirements.
- Strict approach to limitation: The NCLAT and higher courts have adopted a strict view on limitation, especially under the IBC. Delays must be explained with cogent reasons.
- Emphasis on commercial wisdom: In insolvency matters, NCLAT typically respects the commercial wisdom of the Committee of Creditors (CoC), intervening only on limited grounds.
- Maintain procedural compliance: Defective appeals, missing annexures or non-compliance with Rules can delay matters or even result in dismissal. Use checklists to verify compliance before filing.
- Quality of drafting: Clear grounds of appeal, concise statement of facts and coherent relief clauses significantly improve the effectiveness of an appeal.
7. Common Pitfalls to Avoid
- Filing beyond limitation without a strong and properly supported application for condonation of delay.
- Failure to annex a certified copy of the impugned order or other crucial documents.
- Incorrect or incomplete description of parties and their roles (e.g., financial creditor, operational creditor, corporate debtor).
- Not paginating or indexing annexures, leading to confusion during hearing.
- Omitting English translations of vernacular documents, resulting in objections from the Registry.
- Attempting to introduce extensive new evidence at appellate stage, contrary to the limited scope of an appellate tribunal.
- Inadequate preparation for virtual hearings (poor connectivity, missing soft copies of documents, etc.).
8. Why Engage Experienced Counsel or Advisor for NCLAT Matters
NCLAT proceedings involve a combination of substantive commercial and insolvency law with rigorous procedural requirements. Engaging experienced counsel or an advisor can make a substantial difference in:
- Evaluating whether an order is appealable and identifying the correct statutory provision.
- Crafting strong, well-structured grounds of appeal backed by precedents.
- Managing timelines, limitation issues and applications for condonation of delay.
- Seeking urgent interim reliefs such as stay orders, injunctions or protective directions.
- Ensuring flawless filing, compliance with NCLAT Rules and smooth interaction with the Registry.
- Strategising the hearing, preparing written submissions and effectively addressing questions from the bench.
Contact for Filing and Handling NCLAT Matters
If you need professional assistance in drafting, filing and arguing appeals or applications before the NCLAT, you may contact:
Adv.Tarun Choudhury
Supreme Court (Advocate)
Ph no: 965-049-9965
Over 25 years of experience in corporate law, insolvency practice and appellate litigation before tribunals and courts in India.
Services Offered:
- Drafting and filing appeals, cross appeals and interlocutory applications before NCLAT.
- Strategic advisory on IBC and Companies Act litigation.
- Case evaluation, limitation and maintainability analysis.
- Representation and briefing before NCLT and NCLAT benches.
- Monitoring cause lists, orders and latest judgments relevant to your matter.
Contact Us For Instant Response:
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