How to Appeal to the NCLAT (2026)
A plain guide to appealing an NCLT order to the National Company Law Appellate Tribunal (NCLAT): who can appeal, where, the limitation period under the Companies Act and the IBC, the papers you file, and the onward appeal to the Supreme Court. Last verified October 2026.
How-to · Company Law · Appeals
If the NCLT has passed an order against you, the appeal goes to the National Company Law Appellate Tribunal (NCLAT), and the time limit is short. A company law appeal under Section 421 of the Companies Act must be filed within 45 days, and an insolvency appeal under Section 61 of the Insolvency and Bankruptcy Code (IBC) within 30 days. The power to condone delay is capped, so missing the window can end your case before it is heard. This guide explains who can appeal, where, the exact limitation, the papers you file, and the onward appeal to the Supreme Court. Last verified October 2026.
- Where: the NCLAT hears appeals from NCLT orders under the Companies Act and the IBC, plus IBBI and CCI appeals.
- Company law limit: Section 421, 45 days from the certified copy, plus up to 45 condonable (90 days outer limit).
- Insolvency limit: Section 61 of the IBC, 30 days, plus up to 15 condonable (45 days outer limit, strictly enforced).
- Onward: Supreme Court on a question of law, under Section 423 (Companies Act) or Section 62 (IBC).
01The problem: a short, hard deadline
The single biggest reason NCLAT appeals fail is delay. The limitation period is short, and the law does not let the Tribunal forgive a long delay. Unlike an ordinary civil appeal, there is a firm outer limit, and once it passes the appeal is dead no matter how strong your case is.
This matters because the clock often starts before you expect. For a company law appeal, time runs from the date you receive the certified copy of the NCLT order. For an insolvency appeal, the Supreme Court has held that time runs from the date the order is pronounced, not from the date it is uploaded or the date you came to know of it. So the first thing to do after an adverse NCLT order is to fix the exact date your limitation begins.
02What the NCLAT hears
The NCLAT is the appeal court for the NCLT. It hears appeals against NCLT orders in two main streams: company law matters under the Companies Act, 2013 (for example oppression and mismanagement, mergers, and class actions) and insolvency matters under the IBC, 2016 (for example admission of insolvency, resolution plans, and liquidation).
The NCLAT also hears appeals from orders of the Insolvency and Bankruptcy Board of India (IBBI) and, by statute, appeals from the Competition Commission of India (CCI). It sits as the Principal Bench in New Delhi, with a bench at Chennai.
Two codes, two timelines
The NCLAT applies two different limitation rules depending on the order appealed. A Companies Act appeal under Section 421 and an IBC appeal under Section 61 have different periods and different outer limits. Always check which code your NCLT order was passed under before you count days.
03Who can appeal and from where
Any person aggrieved by an order of the NCLT may appeal to the NCLAT. In practice this includes companies, shareholders, creditors, resolution professionals, resolution applicants, and other parties whose rights the order affects.
There is one bar worth noting. Under the Companies Act, no appeal lies to the NCLAT from an order the NCLT made with the consent of the parties. Beyond that, the appeal lies from the NCLT bench that passed the order, and it is filed at the NCLAT bench that has territorial jurisdiction over that NCLT bench.
04Limitation: Companies Act vs IBC
The limitation period is the heart of an NCLAT appeal. The two codes differ, and the outer limits are strict.
| Point | Companies Act (s.421) | IBC (s.61) |
|---|---|---|
| Normal period | 45 days from receipt of certified copy | 30 days from the order |
| Condonable extension | Up to 45 more days, on sufficient cause | Up to 15 more days, on sufficient cause |
| Outer limit | 90 days (cannot be exceeded) | 45 days (cannot be exceeded) |
| Can the court go beyond? | No. The proviso is peremptory | No (Supreme Court, Tata Steel, 2025) |
Courts read both limits as hard caps. Under Section 421, the Companies Act sets its own extended period, so the general Limitation Act cannot be used to stretch it past 90 days. Under Section 61 of the IBC, the Supreme Court in Tata Steel Ltd v. Raj Kumar Banerjee (2025) held that the NCLAT has no power to condone a delay beyond 45 days, and the NCLAT has since refused even a one-day delay past that limit.
05How to file, step by step
The steps below are the usual path. Confirm the current form numbers and fees on the NCLAT website before you file, because procedural rules change.
- Get the certified copy. Apply for the certified copy of the NCLT order at once. Your limitation often runs from the date you receive it (Companies Act) or from the date of pronouncement (IBC), so do not wait.
- Prepare the memorandum of appeal. Set out the parties, the impugned order, the grounds of appeal, and the relief sought, in the form prescribed under the NCLAT Rules, 2016.
- Attach the papers. File a certified copy of the impugned order, the documents relied on, an index, and an affidavit verifying the appeal. If you are late, add a separate application to condone delay with reasons and proof.
- Pay the fee. Pay the prescribed appeal fee.
- File and serve. File with the registry (e-filing where available) and serve the respondents. The matter is listed for admission, and the NCLAT may stay the NCLT order while the appeal is heard.
A stay is not automatic
Filing an appeal does not freeze the NCLT order. You must ask for a stay, and the NCLAT decides whether to grant it. In insolvency matters especially, timelines are tight, so seek interim relief early.
06Onward appeal to the Supreme Court
From the NCLAT, the next step is the Supreme Court, and only on a question of law. A company law appeal lies under Section 423 of the Companies Act, within 60 days of the NCLAT order, extendable by a further 60 days for sufficient cause. An insolvency appeal lies under Section 62 of the IBC, within 45 days, on a question of law, extendable by a further 15 days.
Both routes are narrow. The Supreme Court will not re-open findings of fact, and it decides only the legal question. For a fuller view of how appeals move from tribunals up to the Supreme Court, see appeals from tribunals to the Supreme Court. If your matter began as an oppression or mismanagement dispute, see minority shareholder rights and remedies, and for a members or depositors class action see class action under Section 245.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
An NCLAT appeal turns on dates and on how other benches have read the limitation caps, so you need to watch the next listing and gather the rulings on Section 421 and Section 61. Claw lets you follow cases, orders and hearings at the NCLT, the NCLAT and the relevant court or forum across 9,102 courts, benches and forums, and search more than 30 crore judgments by section, party or advocate, with each search returning in under five seconds and reaching Supreme Court rulings from 1950 and High Court rulings from 1990. So you can read how the NCLAT and the Supreme Court have treated condonation of delay, and keep your own appeal in view.
Claw does not use customer case documents to train its AI models. Open a free Claw account to track your appeal to its next date and read the limitation case law. To research the wider body of law, see case search across Indian courts.
08Sources and further reading
- India Code (Companies Act 2013 and IBC 2016): indiacode.nic.in
- NCLAT (rules, benches and cause lists): nclat.nic.in
- IBBI (insolvency framework): ibbi.gov.in
- Claw: clawlaw.in
This guide is general information, not legal advice. Limitation and procedure change through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What is the time limit to appeal to the NCLAT?
It depends on the code. A Companies Act appeal under Section 421 must be filed within 45 days of receiving the certified copy of the NCLT order, extendable by up to 45 days. An IBC appeal under Section 61 must be filed within 30 days, extendable by up to 15 days. The outer limits (90 and 45 days) cannot be crossed.
Can the NCLAT condone a delay beyond the outer limit?
No. Both limits are hard caps. Under Section 421 the proviso is peremptory, and under Section 61 of the IBC the Supreme Court held in Tata Steel v. Raj Kumar Banerjee (2025) that the NCLAT cannot condone delay beyond 45 days, even by a single day.
When does the limitation period start?
For a Companies Act appeal it usually starts from the date you receive the certified copy of the NCLT order. For an IBC appeal it starts from the date the order is pronounced, not the date it is uploaded or the date you learned of it.
Does filing an appeal stay the NCLT order?
No. A stay is not automatic. You must apply for it, and the NCLAT decides whether to grant interim relief while the appeal is pending.
Where does an appeal go after the NCLAT?
To the Supreme Court, and only on a question of law. A company law appeal lies under Section 423 of the Companies Act within 60 days, and an insolvency appeal under Section 62 of the IBC within 45 days.
Can I track my NCLAT matter in Claw?
Yes. Claw lets you follow cases, orders and hearings at the NCLT and the NCLAT across 9,102 courts, benches and forums, and search more than 30 crore judgments in under five seconds. It supports the tracking and research, and does not give legal advice.