Rules 131 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.
Part XVII covers discovery and production of documents. The Code of Civil Procedure regulates it generally; an application for a summons to produce documents is on plain paper and states relevance; a summons for documents held by a public officer is in Form NCLT-15 addressed to the Head of Department; the Tribunal may summon documents on its own; and produced documents are marked in A, B and C series and may be returned.
Discovery, production and return of documents are regulated by the Code of Civil Procedure, 1908 except as otherwise provided (rule 131(1)). An application for a summons to produce documents is on plain paper, stating the document, its relevancy and, where a certified copy would do, whether application was made to the proper officer and the result (rule 131(2)). A summons for documents in the custody of a public officer is in Form NCLT-15, addressed to the Head of the Department or other authority the Tribunal specifies (rule 131(3)). The Tribunal may summon documents suo motu (rule 132). Documents are marked A series (applicant's), B series (respondent's) and C series (Tribunal's), and the applicant may be asked to deposit expenses (rule 133). Return of documents is by a numbered application, not entertained after destruction of records (rule 134). Read as amended up to the National Company Law Tribunal (Amendment) Rules, 2020 (G.S.R. 80(E), 3 February 2020); these rules were not amended. Later amendments should be checked.
Rule 131: application for production of documents, form of summons
Rule 131(1): the Code of Civil Procedure
Except as otherwise provided, discovery or production and return of documents are regulated by the provisions of the Code of Civil Procedure, 1908. The Rules name the Code as printed; check its current text when relying on a particular provision.
Rule 131(2): the application
An application for summons to produce documents is made on plain paper and sets out:
- the document whose production is sought;
- the relevancy of the document; and
- where the production of a certified copy would serve the purpose, whether the application was made to the proper officer and the result.
The last item matters: a party that could obtain a certified copy by applying to the officer should show that it tried. If you are preparing such an application in a contested petition, our legal dispute resolution team can help.
Rule 131(3): summons in Form NCLT-15
A summons for production of documents in the custody of a public officer other than a court is in Form NCLT-15, addressed to the concerned Head of the Department or such other authority as the Tribunal specifies.
Rule 132: suo motu summoning of documents
Notwithstanding anything in the Rules, the Tribunal may, suo motu, issue summons for production of a public document or other documents in the custody of a public officer.
Rule 133: marking of documents
- Rule 133(1). Documents, when produced, are marked: (a) documents relied upon by the appellant's or petitioner's side are numbered as the "A" series; (b) documents relied upon by the respondent's side are marked as the "B" series; and (c) Tribunal exhibits are marked as the "C" series.
- Rule 133(2). The Tribunal may direct the applicant to deposit with it, by Demand Draft or Indian Postal Order in favour of the Pay and Accounts Officer, Ministry of Corporate Affairs, New Delhi, a sum sufficient to defray the expenses for transmission of the records before the summons is issued.
Rule 134: return and transmission of documents
- Rule 134(1). An application for return of the documents produced is numbered, and no such application is entertained after the destruction of the records. For retention periods, see the article on rules 97 to 104.
- Rule 134(2). The Tribunal may, at any time, direct return of documents produced, subject to such conditions as it deems fit.
Form NCLT-15: headings as printed
Form NCLT-15 (see rule 131) is headed "Before the National Company Law Tribunal, New Delhi", with a Case number and the names of the Appellant or Petitioner and the Respondent or Respondents, each shown with its legal representative. It is marked "Under Section 424 of the Companies Act, 2013 r/w corresponding power vested under C.P.C." The body says that the Tribunal, suo motu or on consideration of a request by a named appellant, being satisfied that production of the documents or records in the addressee's control or custody is necessary for proper decision, directs production of the documents or records before the Tribunal, or forwarding of duly authenticated copies, on or before a stated date; the documents requisitioned are described; and it is issued "By Order of Tribunal" over the Registrar's name with the date.
How documents come in and go out
| Stage | Rule | What happens |
|---|---|---|
| Application | 131(2) | Plain paper; document, relevancy, whether a certified copy was sought |
| Public officer's documents | 131(3) | Summons in Form NCLT-15 to the Head of Department or specified authority |
| Tribunal's own summons | 132 | Suo motu, for public documents or documents with a public officer |
| Expenses | 133(2) | Applicant deposits the sum by Demand Draft or Indian Postal Order before the summons issues |
| Marking | 133(1) | A series (applicant), B series (respondent), C series (Tribunal) |
| Return | 134 | Numbered application; not after destruction of records; Tribunal may direct return at any time |
An example
In a dispute, Marlin Cables Limited needs a municipal approval file held by a Head of Department. Before applying, it asks the proper officer for a certified copy and is refused. It then applies on plain paper for a summons, setting out the file, its relevance and the refusal. The Tribunal issues Form NCLT-15 to the Head of Department; Marlin deposits the transmission expenses by demand draft in favour of the Pay and Accounts Officer. When the file arrives, the Marlin documents are marked in the A series, the opponent's in the B series and the Tribunal's own exhibits in the C series. After disposal, a numbered application can be made for return, so long as the records have not been destroyed.
What a practitioner checks
- That the application states the document, its relevance and whether a certified copy was sought from the proper officer.
- That the summons for public officers' documents is in Form NCLT-15.
- That the transmission expenses are deposited before the summons issues.
- That exhibits are marked in the right series, and that a return application is made before destruction.
Need help getting documents before the Tribunal?
Documents held by officials or counterparties often decide a case. For help with applications for production and with the exhibits, speak to our legal dispute resolution team.
Key takeaways
- Discovery, production and return are regulated by the Code of Civil Procedure, 1908, except as the Rules provide (rule 131(1)).
- The application is on plain paper, stating the document, its relevance and any certified-copy request (rule 131(2)).
- A summons for a public officer's documents is in Form NCLT-15 to the Head of Department (rule 131(3)).
- Documents are marked A, B and C series (rule 133).
- Return is by numbered application, not after destruction of records (rule 134).
Read next
- Rules 47, 52 and 135 to 139: summoning witnesses
- Rules 140 to 145: depositions and witness allowance
- Rules 73 to 76 of the NCLAT Rules: production of documents
- Annexure A: Forms NCLT-1 to NCLT-18
Disclaimer: Based on the National Company Law Tribunal Rules, 2016 (G.S.R. 716(E)) as amended up to the National Company Law Tribunal (Amendment) Rules, 2020 (G.S.R. 80(E)), consulted on 3 October 2026. Later amendments, fees, forms, NCLT 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.
