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PROCEDURE BEFORE NCLT AS PER NCLT RULES, 2016 EFFECTIVE FROM 21ST
Ministry of Corporate Affairs has issued three notifications dated 01 June 2016 for setting up of
National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT)
as well as notifying various sections of the Companies Act 2013 (which were not operational due to
non constitution of NCLT) with effect from 01st June 2016. With this Company Law Board (CLB) to
stand dissolved per section 466 of the Companies Act 2013.
Now, in continuation of Constitution of NCLT and NCLAT, MCA has again come up with
notifications notifying NCLT Rules and NCLAT Rules on 21st July, 2016 providing inter alia
procedure and manner for filing petition, application or appeal. Following are the requisite points for
consideration for filing petition, appeal or application before NCLT as per NCLT Rules:
1. The document to be filed before NCLT shall be in English and if in any other language, it
shall be accompanied with copy of Translation in English.
2. It shall be type written, printed in double space, on one side of legal paper, with margins:
Top 4 c.m., Right-2.5 c.m. and left-5c.m.
3. It shall be duly paginated, indexed and stitched together in paper book form.
4. Every petition, application, appeal or document shall be filed in Triplicate.
5. All the documents filed shall be accompanied by an index in triplicate containing their details
and the amount of fee paid thereon.
6. Copy of petition , application or appeal shall also be filed to the opposite party.
7. True Copy of Resolution for authorisation to sign, verify and institute on behalf of the
company shall also be enclosed.
8. Every petition, application or appeal shall be filed in Form No. NCLT.1 alongwith the
attachment of Notice of admission in Form NCLT-2.
9. Title Heading for Proceeding shall be in Form No. NCLT.4.
10. Every petition or application shall be verified by an Affidavit in Form No. NCLT.6.
11. Notice of Motion shall be filed in Form No. NCLT.3.
12. Notice to the opposite Party shall be issued in Form No. NCLT.5
13. Where any petition or application is required to be advertised, it shall be advertised in Form
No. NCLT-3A in vernacular language and in English Newspaper. Advertisement if published
shall also be placed on the website of the company, if any.
14. Every Party may appear either in person or through authorised Representative, who shall
make an appearance through filing Vakalatnama or Memorandum of Appearance in Form
No. NCLT.12 representing the respective parties.
15. No intern employed by Authorised Representative shall appear, access to the records or
obtain copies of order, unless his name is entered in Register of intern maintained by bench.
Authorised Representative shall make application in Form NCLT.10 for registering his
16. Special Procedure has also been specified from Rule 66 to Rule 88 specifying the additional
requirement for the applicant to be followed while filing application under various provisions
of Companies Act, 2013. Additional requirements inter alia includes accompanying
documents as mentioned in Annexure-B (which includes copy of Memorandum and Articles,
copy of balance sheet, Resolution, Bank Draft for filing fees etc.), content of application,
Advertisement of application etc.
17. An application for rectification of Final order shall be filed within Two years in Form No.
18. The certified copy of the order of NCLT shall be filed with ROC in Form NO. INC-28
alongwith the fees of Rs. 500/- within 30 days.
Following are the list of various provisions of Companies Act, 2013 under which an application shall be filed
before NCLT alongwith their respective fees:
S.No. Section of the
Nature of application / petition Fees
1 Sec. 2 (41) Application for change in financial year 5,000/-
2 Sec. 7 (7) Application to Tribunal where company has been
incorporated by furnishing false or incorrect info or by any
3 Sec. 14 (1) Conversion of public company into a private company. 5,000/-
4 Sec. 55 (3) Application for issue further redeemable preference shares. 5,000/-
5 Sec. 58 (3) Appeal against refusal of registration of shares. 1,000/-
6 Sec. 59 Appeal for rectification of register of member. 1,000/-
7 Sec. 62 (4) Appeal against order of Govt. fixing terms and conditions
for conversion of debentures and shares.
8 Sec. 71 (9) Petition by Debenture-trustees. 2,000/-
9 Sec. 71 (10) Application in the event of failure of redeeming of
10 Sec. 73 (4) Application by deposition for repayment of deposit or
11 Sec. 74 (2) Application to allow further time as considered reasonable
to the company to repay deposits.
12 Sec. 97 (1) Application for calling of Annual General meeting. 1,000/-
13 Sec. 98 (1) Application for calling of general meeting of company
other than annual general meeting
14 Sec. 119 (4) Petition to pass an order directing immediate inspection of
minute’s books or directing a copy thereof be sent
forthwith to person requiring it.
15 Sec. 130 (1) Application for re-opening of books of account, if made by
any person other than Central Government, Income Tax
authorities, SEBI or any other statutory regulatory body or
16 Sec. 131 (1) Application by company for voluntary revision of financial
statement on Board’s report.
17 Sec. 140 (4) Application for not sending the copy of representation of
auditor to the members.
18 Sec. 140 (5) Application by any other person concerned for change of
19 Sec. 169 (4) Application for not sending copies of representation 1,000/-
20 Sec. 213 Application to Tribunal for investigation into company
21 Sec. 218 (1) Application for approval for action proposed against
22 Sec. 222 (1) Application for imposition of restrictions on securities. 2,500/-
23 Sec.241(1) Application in case of Oppression and Mismanagement 10,000/-
24 Sec.242(4) Application for regulating the conduct of the company 2,500/-
25 Sec.243(1)(b) Application for appointment of Managing Director 5,000/-
26 Sec.244(1) Application for waiver requirement specified in
Sec.244(1)(a ) or (b)
27 Sec.245 Class Action Suit 5,000/-
28 Sec.441 Application for compounding of certain offences 1,000/-
29 Sec.421 Appeals to NCLAT 5,000/-
30 Fees for obtaining certified true copy of Final order by
other than concerned parties
CS Peer Mehboob