The National Company Law Tribunal (NCLT) is a quasi-judicial authority in India, which plays a pivotal role in adjudicating matters under the Companies Act, 2013, the Insolvency and Bankruptcy Code, 2016 (IBC), and the National Company Law Tribunal Rules, 2016. Its jurisdiction spans a wide range of corporate disputes, including insolvency resolution, corporate restructuring, winding up, oppression and mismanagement, and other company law matters.
Any party approaching the NCLT must ensure meticulous adherence to procedural requirements, as the Tribunal places significant emphasis on technical compliance.
Drafting and Filing of Petitions
Petitions must be in English as part III, Rule 20 of the NCLT rules, 2016 typewritten or printed on one side of standard paper, double-spaced, and formatted with margins.
The cause title must clearly specify the relevant bench, statutory provision invoked, and particulars of the parties.
Facts should be presented in numbered paragraphs (Rule 20, NCLT Rules, 2016) for clarity and consistency.
Every petition must be accompanied by:
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- Memorandum and Articles of Association audited financial statements, and relevant board resolutions (Companies Act, 2013).
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- Verification by affidavit in Form NCLT-1 as per Rule 34(3), NCLT Rules, 2016.
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- Proof of payment of prescribed fees in accordance with Annexure B to the NCLT Rules, 2016.
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- A duly executed memorandum of appearance or vakalatnama (Rule 45).
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- Properly indexed and paginated paper books with requisite copies for the Tribunal.
This blog is a part of our The Complete Guide to NCLT in India: Powers, Structure, and Jurisdiction Blogpost.
Scrutiny of Petitions
After filing, the Registrar scrutinizes the petition under Rule 28 of the NCLT Rules, 2016. Defects, if any, must be rectified within seven days (extendable at the Registrar’s discretion). Until rectification, the matter will not be listed for hearing.
Evidence Before the NCLT
Evidence is primarily led through affidavits (Rule 39, NCLT Rules, 2016), though the Tribunal has the power under Section 424 of the Companies Act, 2013 to regulate its own procedure and may permit oral evidence, cross-examination, or expert testimony when necessary for justice.
- In matters involving forgery or fabrication, forensic examination may be ordered by the Tribunal through accredited laboratories.
- Additional evidence not part of prior proceedings may be admitted only upon recording reasons of necessity and relevance.
- Electronic evidence is admissible, subject to compliance with Section 65B of the Indian Evidence Act, 1872, read with Section 424(2) of the Companies Act, 2013.
Service of Notice and Replies
Upon admission of a petition, notice must be served on all respondents, along with a copy of the petition, in accordance with Rule 37 of the NCLT Rules, 2016.
- In winding-up proceedings, public advertisement may be directed under Rule 5 of the Companies (Transfer of Pending Proceedings) Rules, 2016.
- Respondents are expected to file a reply affidavit specifically addressing allegations.
- Petitioners may then be permitted to file a rejoinder, thereby ensuring due process and a balanced record before the hearing.
Hearings and Orders of National Company Law Tribunal
Hearings before the NCLT are conducted in open court.
- Witnesses, when examined, must give testimony on oath, recorded as per prescribed procedure.
- Private audio or video recording of proceedings is expressly prohibited.
- The Tribunal may grant interim reliefs such as stay orders, injunctions, or moratoriums in insolvency matters under Section 14 of the IBC to preserve the subject matter of dispute.
Following conclusion of hearings, the Tribunal issues a written, reasoned order in compliance with Rule 150 of the NCLT Rules, 2016. Orders are signed by the bench members in order of seniority and form part of the Tribunal’s permanent record.
A certified copy can be obtained from the Registry under Rule 150. Aggrieved parties may file an appeal before the National Company Law Appellate Tribunal (NCLAT) within 45 days of receipt of the order, as provided under Section 421 of the Companies Act, 2013 and Section 61 of the IBC.
In insolvency cases under the IBC, the NCLT acts as the adjudicating authority for applications under Sections 7, 9, or 10. Such applications must be supported by proof of debt, evidence of default, and details of the proposed interim resolution professional. Once admitted, the Tribunal issues a moratorium, calls for creditor claims, and supervises the appointment of a resolution professional. Given the strict timelines under the Code, these proceedings demand an even higher level of procedural precision
Given the strict timelines of 180 days (extendable up to 330 days) under Section 12 of the IBC, procedural precision is crucial.
It is important to note that , the success of any matter before the NCLT hinges on a blend of substantive legal strategy and procedural diligence. From drafting petitions in compliance with the NCLT Rules, 2016 to producing admissible evidence and adhering to timelines under the IBC, every step is closely scrutinised.
Whether the matter involves corporate governance disputes, oppression and mismanagement, restructuring, or insolvency resolution, the NCLT’s structured processes—guided by the Companies Act, 2013, IBC, 2016, and procedural rules are designed to ensure justice with fairness, speed, and efficiency.
