Filing an appeal before the National Company Law Appellate Tribunal (NCLAT) requires strict compliance with the prescribed procedures, formats, and timelines. This guide outlines the step-by-step process for preparing and submitting an appeal, the documents required, and the fees payable.
Required Documents
Every appeal to the NCLAT must be accompanied by: (a) a certified copy of the impugned order of the NCLT or CCI, (b) an affidavit verifying the facts stated in the appeal, (c) a memorandum of appeal in the prescribed format (Form NCLAT-1 for Companies Act appeals, or Form NCLAT-2 for IBC appeals), (d) copies of all documents relied upon in support of the appeal, properly paginated and indexed, and (e) a vakalatnama or authority letter if the appellant is represented by an advocate or authorised representative.
Filing Fees
Filing fees are prescribed under the NCLAT Rules and vary depending on the nature of the appeal. For appeals under the Companies Act, the fee is typically ₹5,000. For IBC appeals, fees range from ₹1,000 to ₹5,000 depending on the type of application. Fees for interlocutory applications and stay applications are payable separately. Payment can be made through demand drafts drawn in favour of the "Pay and Accounts Officer, Ministry of Corporate Affairs" or through the online payment gateway available on the NCLAT e-filing portal.
Format of Appeal
The memorandum of appeal must clearly state: the names and addresses of the parties, the details of the impugned order (date, bench, case number), the grounds of appeal (each ground stated separately and concisely), the relief sought, and a statement of facts. The appeal must be typed in double spacing on A4 paper, and all pages must be consecutively numbered. Electronic filings must be uploaded in PDF format with all annexures clearly labelled.
Online Filing Process
The NCLAT has implemented an e-filing system accessible through its official website. Appellants must register on the portal, fill in the required fields, upload the appeal and supporting documents in PDF format, and pay the filing fees electronically. Once filed, the system generates an acknowledgment number and a filing date. The physical copy of the filed appeal must be submitted to the registry within such time as may be directed. Urgent matters can be mentioned through the e-filing portal for early listing.
Filing Checklist
Before filing, ensure compliance with the following: limitation period verified, certified copy of impugned order obtained, grounds of appeal drafted, all supporting documents compiled, filing fees calculated and paid, and the prescribed number of copies prepared. Incomplete or defective filings will be returned by the registry with a defect notice, and the appellant will be required to cure the defects within the prescribed time.
Key Points
- A certified copy of the impugned NCLT/CCI order is mandatory.
- Filing fees range from ₹1,000 to ₹5,000 depending on the type of appeal.
- The appeal must follow prescribed forms (NCLAT-1 or NCLAT-2).
- E-filing is available through the official NCLAT portal.
- Each ground of appeal must be stated separately and concisely.
- Defective filings are returned and must be cured within the prescribed timeline.