Form NCLAT 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.
Rules 27 to 32 cover the stretch after scrutiny: the appeal is registered, small errors can be corrected without notice, the Registrar calls for the lower record, an association must prove its authority, and any application inside a pending appeal goes in Form NCLAT-2 with an affidavit. Rule 31 is the one practitioners use most.
On admission an appeal is numbered and registered in the appropriate register (rule 27). Arithmetical, grammatical and clerical errors can be corrected on the Registrar's orders without notice to the parties (rule 28). An appeal by an association must produce a true copy of the resolution empowering the signatory and list the members who benefit (rule 30). Interlocutory applications for stay, direction, condonation of delay, exemption from producing the impugned order or extension of time are filed in Form NCLAT-2 with a supporting affidavit (rule 31). The Rules are read as amended up to the National Company Law Appellate Tribunal (Amendment) Rules, 2017 (G.S.R. 1061(E), 23 August 2017).
Rule 27: registration of proceedings admitted
On admission of an appeal, it is numbered and registered in the appropriate register maintained for the purpose, and its number is entered there. The registers kept by the Registry are listed in rule 41: the register of appeals, the register of unnumbered appeals and the register of interlocutory applications. See the article on registers and files.
Rule 28: ex-parte amendments
In every appeal or application, arithmetical, grammatical, clerical and similar errors may be rectified on the orders of the Registrar without notice to the parties. The rule is limited to errors of that kind. A change in substance, such as new grounds or a different relief, is not an arithmetical, grammatical or clerical error and the rule does not cover it; the Registrar's separate role in receiving applications for amendment is in rule 16(b), covered in the article on the Registrar's powers.
Rule 29: calling for records
On admission of the appeal, the Registrar, if so directed by the Appellate Tribunal, calls for the records relating to the proceedings from the respective Bench of the Tribunal or the adjudicating authority, and retransmits them at the conclusion of the proceedings or at any time. The Registrar acts only on a direction; there is no automatic call for records.
Rule 30: authorisation for an association
Where an appeal is purportedly instituted by or on behalf of an association, the person who signs or verifies it must produce with the appeal, for verification by the Registry, a true copy of the resolution of the association empowering that person. Two provisos:
- The Registrar may at any time call for further materials to be satisfied about due authorisation.
- The appeal must set out the list of members for whose benefit the proceedings are instituted.
Rule 31: interlocutory applications
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 pending matters must be in Form NCLAT-2, and the requirements prescribed for it must be complied with, in addition to filing an affidavit supporting the application. Our dispute resolution team drafts such applications for appeals pending in New Delhi.
Rule 2(f) defines an interlocutory application as an application in an appeal already instituted, other than a proceeding for execution; see the article on rules 1 and 2. Under rule 22(5) such applications are presented after serving copies in advance on the opposite side or its representative.
Form NCLAT-2: headings as printed
| Part of the form | Content |
|---|---|
| Heading | "In the National Company Law Appellate Tribunal", I.A. No. ___ of 20__ in Appeal Petition No. ___ of 20__, cause title |
| Title line | "Petition for stay/direction/dispense with/condone delay/calling records" |
| Items 1 to 4 | 1. the relief(s); 2. brief facts; 3. the basis on which interim orders are prayed for; 4. balance of convenience, if any |
| Note | All interlocutory applications are supported by an affidavit sworn by the applicant or on its behalf and attested by a Notary Public |
| Declaration | Nothing material concealed or suppressed; enclosures are true copies, fair reproductions or true translations |
| Verification | Paragraphs true to personal knowledge or official record; others believed true on legal advice |
The affidavit is in Form NCLAT-4 under rule 68; see the article on affidavits. For the drafting of a delay application in the NCLT setting, our post on condonation of delay in filing before the NCLT shows what such an application needs to say. The appeal period itself is in section 421(3) of the Act, not in the Rules.
Rule 32: defaced, torn or damaged documents
When a document produced with a pleading appears defaced, torn or in any way damaged, or its condition or appearance requires special notice, the party producing it must mention its condition and appearance in the Index of the pleading. The mention is verified and initialled by the officer authorised to receive it.
Same as before the NCLT?
Close, with these differences. NCLT rule 32 asks for an interlocutory application "in prescribed form", and rule 34(3) of the NCLT Rules (read with the substituted Form NCLT-3) is where its form is found; the NCLAT rule 31 names Form NCLAT-2 directly. NCLT rule 30 calls for records from "any adjudicating authority", while NCLAT rule 29 refers to the respective Bench of the Tribunal or the adjudicating authority. The NCLT Rules have no equivalent of NCLAT rule 28 (ex-parte clerical corrections); the nearest NCLT provisions are the rectification and amendment rules. NCLT rule 29 also mentions a caveat, which the NCLAT Rules do not. See Rules 31 to 33 of the NCLT Rules.
An example
The Pioneer Employees Welfare Association appeals against an NCLT order. Its secretary signs, and files with the appeal a true copy of the association's resolution authorising her and the list of members for whom the appeal is brought (rule 30). Separately, because the appeal is filed after the period in section 421(3), its counsel files an application in Form NCLAT-2 for condonation of delay with an affidavit (rule 31).
Need help with an application inside a pending appeal?
Stay, condonation and extension applications are often decisive and carry short timelines. For help with the application in Form NCLAT-2 and its affidavit, speak to our dispute resolution team.
Key takeaways
- A registered appeal is numbered and entered in the register (rule 27).
- Clerical, arithmetical and grammatical errors are corrected on the Registrar's order without notice (rule 28).
- Records are called from the Bench or adjudicating authority only if the Appellate Tribunal so directs (rule 29).
- An association files a true copy of its authorising resolution and the list of members (rule 30).
- Stay, direction, condonation of delay, exemption and extension applications go in Form NCLAT-2 with an affidavit (rule 31).
Read next
- Rule 22: presenting an appeal in Form NCLAT-1
- Rules 23-26: copies, verification and scrutiny of defects
- Rules 31-33 of the NCLT Rules
- Condonation of delay in filing before the NCLT
Disclaimer: Based on the National Company Law Appellate Tribunal Rules, 2016 (G.S.R. 717(E)) as amended up to the National Company Law Appellate Tribunal (Amendment) Rules, 2017 (G.S.R. 1061(E)), consulted on 3 October 2026. Later amendments, fees, forms, NCLAT practice directions and the Companies Act, 2013 provisions referred to should be checked. This article is general information, not legal advice; check the official text before acting.