How to File an Appeal Before NCLAT Against an NCLT Order

Kaustav Chowdhury
4 hours ago
4 min read

An aggrieved party has the statutory right to challenge an order of the National Company Law Tribunal (NCLT) by filing an appeal before the National Company Law Appellate Tribunal (NCLAT). Two separate provisions govern these appeals: Section 421 of the Companies Act, 2013 covers appeals arising from company law matters, while Section 61 of the Insolvency and Bankruptcy Code (IBC), 2016 covers appeals arising from insolvency proceedings. This guide explains the step-by-step procedure, timelines, fees, and documents required for filing an appeal before the NCLAT, along with the process for further appeals to the Supreme Court.

Step 1: Determine the Applicable Provision and Limitation Period

The first step is to identify whether the NCLT order arises from a company law matter or an insolvency proceeding, as the limitation period differs.

For company law matters under Section 421 of the Companies Act, 2013: The appeal must be filed within 45 days from the date on which a copy of the NCLT order is made available to the appellant. The NCLAT may condone a delay beyond 45 days if the appellant demonstrates sufficient cause, but only for a further period of up to 45 days, making the absolute outer limit 90 days.

For insolvency matters under Section 61 of the IBC: The appeal must be filed within 30 days. The NCLAT may condone a delay of up to 15 further days on showing sufficient cause, making the absolute outer limit 45 days. The Supreme Court in Essar Steel (2019) affirmed that delays under the IBC should not be readily condoned, and this stricter timeline reflects the time-bound nature of the insolvency resolution process.

Step 2: Verify That the Order Is Appealable

Not all NCLT orders are appealable. Under Section 421 of the Companies Act, no appeal lies against an order made with the consent of all parties. Additionally, the NCLAT has held that purely procedural or interlocutory orders, such as those directing consolidation of petitions or permitting an Annual General Meeting, are not appealable if they do not determine any substantive rights. Only orders that finally determine a matter or substantially affect the rights of a party are amenable to appeal. The Supreme Court has flagged delays in NCLT approvals, which makes timely filing of appeals all the more important.

Step 3: Prepare the Appeal Memorandum in Form NCLAT-1

Appeals before the NCLAT are filed in Form NCLAT-1, as prescribed under Rule 22 of the NCLAT Rules. The form must include the name and address of the appellant and respondent, details of the impugned NCLT order including its date and the statutory provision under which it was passed, the specific grounds of appeal, the relief sought, and a statement of facts supported by an affidavit. The appeal must be drafted in English or Hindi. If the NCLT order was passed in another language, a certified translation must be attached. Attach a certified copy of the impugned NCLT order. A similar step-by-step structure applies when filing a GST appeal before the appellate tribunal, though the forms and fee schedules differ.

Step 4: Pay the Prescribed Court Fee

The court fee for filing an appeal before the NCLAT is Rs 5,000 per appeal. Payment is made through the NCLAT e-filing portal at efiling.nclat.gov.in using available digital payment modes. Retain the payment receipt as proof of fee submission.

Step 5: File the Appeal Through the E-Filing Portal

The NCLAT accepts filings through its e-filing portal at efiling.nclat.gov.in. Register on the portal if you are a first-time user. Upload Form NCLAT-1, the certified copy of the impugned NCLT order, the affidavit in support, any annexures or supporting documents, and the fee payment receipt. Choose the correct bench based on jurisdiction. The Principal Bench sits in New Delhi, with circuit benches in Chennai and other locations for matters arising from the respective NCLT benches. Recent IBC amendments in 2026 introduced project-wise insolvency and group insolvency reforms that may affect the bench allocation for real estate and group company matters.

Step 6: Serve Notice on the Respondent

After filing, serve a copy of the appeal memorandum and all supporting documents on the respondent. Service may be effected through registered post, speed post, courier, or in person. File proof of service with the NCLAT registry. Failure to serve notice can result in delays in the admission of the appeal.

Step 7: Hearing and Disposal Timeline

The NCLAT is required to dispose of appeals within six months from the date of filing. During hearings, the NCLAT may confirm, modify, or set aside the NCLT order. The tribunal may also grant interim relief or stay the operation of the impugned order pending disposal of the appeal, if the appellant demonstrates a prima facie case and balance of convenience. The NCLT bench composition rules have also been subject to recent judicial scrutiny, which appellants should be aware of when framing grounds of appeal.

Step 8: Further Appeal to the Supreme Court

Any person aggrieved by an NCLAT order may file a further appeal to the Supreme Court of India under Section 423 of the Companies Act, 2013 or Section 62 of the IBC. This appeal is limited to questions of law only and does not permit re-examination of facts or evidence. The Supreme Court will not ordinarily interfere with concurrent findings of fact by the NCLT and NCLAT.

Key Takeaways

Appeals under Section 421 of the Companies Act must be filed within 45 days (extendable by a further 45 days); IBC appeals under Section 61 must be filed within 30 days (extendable by 15 days).
Procedural and interlocutory orders that do not affect substantive rights are not appealable.
File appeals in Form NCLAT-1 through the e-filing portal at efiling.nclat.gov.in with a court fee of Rs 5,000.
The NCLAT must dispose of appeals within six months and can confirm, modify, or set aside the NCLT order.
Further appeal to the Supreme Court lies only on questions of law.

Prompt identification of the limitation period and meticulous preparation of the appeal memorandum in Form NCLAT-1 are critical to preserving appeal rights. Missing the statutory deadline, even by a single day beyond the condonable period, will result in the appeal being barred by limitation.