Form NCLT-9 General Application: Format for Withdrawal of a Petition and an Interlocutory Application

Form NCLT-9 General Application explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.

Form NCLT-9 is the general form of the NCLT Rules, 2016 for applications where no specific form is prescribed. It is also the form the rules name for withdrawing an application under section 241, for several other applications, and for a class action application. This article gives two specimens in its structure, one for withdrawing a section 241 petition and one for an interlocutory direction in a pending matter, and explains the rules that apply.

Form NCLT-9 carries the particulars of the applicant and respondents, an affidavit-style statement of facts, jurisdiction, limitation, a declaration that the matter is not pending elsewhere, fee particulars, an index, the relief sought, any interim relief, and the signature and affirmation. Rule 82 says an application under section 241(1)(a) or (b) shall not be withdrawn without the leave of the Tribunal, and the application for withdrawal is filed in Form NCLT-9. Interlocutory applications in pending matters are filed in Form NCLT-1 with Form NCLT-3 attached, as rule 34(3) provides. The format follows the forms as printed in the rules consulted; check the current forms on the NCLT portal before filing.

When you need these applications

You need Form NCLT-9 when the rules point to it: withdrawal of a section 241 application (rule 82), applications under rules 72, 76, 84, 88 and 154, and any application for which no specific form exists. The heading of the form says it is a general form for all purposes if no specific form is prescribed. An interlocutory application is the request made inside a pending case for a direction, stay, condonation of delay or extension of time (rule 32). Our interlocutory applications guide, the NCLT jurisdiction and powers guide and the oppression petition format are the companion pieces. For help preparing and filing, see legal dispute resolution.

Specimen applications

SPECIMEN A: APPLICATION FOR LEAVE TO WITHDRAW A PETITION UNDER SECTION 241 (FORM NCLT-9 STRUCTURE)

BEFORE THE NATIONAL COMPANY LAW TRIBUNAL,  BENCH

COMPANY APPLICATION NO.  OF 
IN COMPANY PETITION NO.  OF 

 and others                                      ...PETITIONER(S) / APPLICANT(S)
VERSUS
                                            ...RESPONDENT(S)

DETAILS OF APPLICATION

Particulars of the applicant(s):
i. Name: 
ii. Address of registered office / residence: 
iii. Address for service of all notices: 
iv. Telephone and e-mail: 

Particulars of the respondent(s):
v. Name: 
vi. Office address: 
vii. Address for service of notices: 
viii. Telephone and e-mail: 

APPLICATION UNDER RULE 82 OF THE NATIONAL COMPANY LAW TRIBUNAL RULES, 2016 FOR LEAVE TO WITHDRAW THE PETITION FILED UNDER SECTION 241 OF THE COMPANIES ACT, 2013

I, , son/daughter of , aged , residing at , solemnly affirm and say as follows:
1. I am  in the above petition and am competent to make this affirmation.
2. I have read the application now shown to me and the statements made in paragraphs 1 to  are true to my knowledge.
3. Facts: The Petitioner(s) filed Company Petition No.  of  on  under section 241 of the Companies Act, 2013 against the Respondent(s), complaining of . The petition is pending before this Bench; the next date of hearing is .
4. Since the filing, the parties have , a copy of which is annexed] / ].
5. The terms of settlement, so far as they bear on this application, are: . The settlement is not against law and does not affect the interest of any person who is not a party.
6. The Petitioner(s) do not wish to pursue the petition and seek leave to withdraw it .
7. Jurisdiction: The applicant declares that the matter falls within the jurisdiction of this Tribunal, which is already seized of the petition.
8. Limitation: The applicant declares that the application is within the limitation, where applicable, under the provisions cited, read with section 433 of the Act, as the form states.
9. Matters not pending elsewhere: The applicant declares that no other application about the same matter is pending before any Tribunal, court or authority, other than the petition referred to above.
10. Fee: 
11. Index of documents and list of enclosures: .
12. Prayer: The applicant(s) pray that the Tribunal be pleased to:
   (a) grant leave to withdraw Company Petition No.  of ;
   (b) dispose of the petition and all pending applications as withdrawn;
   (c) pass such other orders as are just.
Interim order prayed for: .

Dated this  of , 

Solemnly affirmed before me at  on this  of , .


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SPECIMEN B: INTERLOCUTORY APPLICATION FOR DIRECTION IN A PENDING MATTER (FORM NCLT-1 COLUMNS WITH FORM NCLT-3 NOTICE OF MOTION)

BEFORE THE NATIONAL COMPANY LAW TRIBUNAL,  BENCH

INTERLOCUTORY APPLICATION NO.  OF 
IN COMPANY PETITION NO.  OF 

                                                 ...APPLICANT
IN THE MATTER OF:  VERSUS 

NOTICE OF MOTION
Date: 
From: 
To: The National Company Law Tribunal,  Bench
Concerning: 
The party named above requests that the Tribunal grant the following relief:  / extension of time to file  / condonation of delay of ]
In terms of: 
For the following reasons: 
In support of this application, an affidavit setting out the facts is attached.
Name and title of the person signing: 
Authorised signature and address: 

(i) PARTICULARS OF THE APPLICANT

(ii) JURISDICTION
The Tribunal is seized of the main matter and has jurisdiction.
(iii) LIMITATION

(iv) FACTS
1. 
2. 
3. 
(v) RELIEFS SOUGHT
The Applicant prays that the Tribunal:
(a) ;
(b) pass such other orders as are just.
(vi) PARTICULARS OF PAYMENT OF FEE: 


Date:     Place: 

AFFIDAVIT IN SUPPORT (Form NCLT-6 structure)
I, , aged , residing at , solemnly affirm: I am  and authorised to make this affidavit; the statements in paragraphs  of the application are true to my knowledge, and those in paragraphs  are based on information that I believe to be true.
Deponent: 

Clause-by-clause explanation

The law behind it

Rule 82 provides that an application under section 241(1)(a) or (b) shall not be withdrawn without the leave of the Tribunal, and that an application for withdrawal is filed in Form NCLT-9. Rule 84 sends an application under section 245(1) read with 245(3) (class action) to Form NCLT-9 as well.

Rule 32 says every interlocutory application for stay, direction, condonation of delay, exemption from production of a copy of the order appealed against, or extension of time in a pending matter shall be in the prescribed form and supported by an affidavit. Rule 34(3) says every petition or application shall be filed in Form NCLT-1 with attachments, accompanied by Form NCLT-2; an interlocutory application is filed in Form NCLT-1 with attachments along with Form NCLT-3. Rule 34(4) requires every petition or application, including an interlocutory application, to be verified by an affidavit in Form NCLT-6, and notice to the opposite party is in Form NCLT-5. Rule 11 preserves the Tribunal's inherent powers to make orders necessary for the ends of justice or to prevent abuse of its process.

The substantive rule for oppression is in sections 241 to 244, covered in our section 241 to 244 guide. Forms and procedures are updated from time to time; check the current text.

Filing, stamp duty and execution

The application is signed by the applicant, affirmed before a person authorised to administer oaths, accompanied by an index and copies of the documents, and served on the other side as the Tribunal directs. Court fee is payable as per the applicable rules; no amount is stated here. Where the withdrawal follows a settlement, the settlement agreement is a separate document that may attract stamp duty under the State's law; see our stamp duty overview.

Common mistakes

1. Withdrawing a section 241 petition without seeking leave, which rule 82 requires.
2. Using Form NCLT-1 alone for an interlocutory application when Form NCLT-3 also applies.
3. Leaving the affidavit out of an interlocutory application.
4. Giving no reasons or dates in an application for condonation of delay.
5. Citing no provision for the relief claimed.
6. Not disclosing the settlement terms or the consent of the other side.
7. Ignoring other pending matters in the declaration.
8. Using an outdated form without checking the current portal version.

Need help with NCLT applications?

Interlocutory applications and withdrawals look simple but turn on correct forms, affidavits and wording of the relief. Our team prepares and files them and appears when needed. See legal dispute resolution. For related compounding work, read our compounding application format.

Key takeaways

• Form NCLT-9 is the general form where no specific form applies.
• A section 241 petition can be withdrawn only with the Tribunal's leave.
• Interlocutory applications go in Form NCLT-1 with Form NCLT-3.
• Every application is verified by an affidavit in Form NCLT-6.
• Always check the current form on the portal.

Read next

• Interlocutory applications: types, drafting and procedure
• NCLT jurisdiction, powers and procedure
• Form NCLT-1 petition for oppression and mismanagement
• Compounding application format under section 441

Disclaimer: This specimen is a general model for information. Every document must be adapted to its facts and to the law, rules and forms in force when it is signed or filed; stamp duty, registration and court fees depend on the State and the forum. This article is general information, not legal advice; check the official text before acting.