Rule 22 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.
Rule 22 is the rule that actually puts an appeal before the Appellate Tribunal. It requires Form NCLAT-1 in triplicate, presented at the filing counter, with the certified copy of the order challenged, an index, copies for the other side and the processing fee. This article reads rule 22 and then the headings of Form NCLAT-1.
Every appeal is presented in Form NCLAT-1, in triplicate, by the appellant (or applicant, petitioner or respondent, as the case may be) in person or through a duly authorised representative, with the stipulated fee, at the filing counter. It must be accompanied by a certified copy of the impugned order. Documents carry an index in triplicate, copies are filed for service, and the processing fee with envelopes and notice forms is filed with the memorandum. Non-compliance may be a valid ground to refuse to entertain it. The Rules are read as amended up to the National Company Law Appellate Tribunal (Amendment) Rules, 2017 (G.S.R. 1061(E), 23 August 2017).
Rule 22 sub-rule by sub-rule
Our legal dispute resolution team prepares and files appeals under this rule; the six sub-rules are:
| Sub-rule | What it requires |
|---|---|
| 22(1) | Appeal presented in Form NCLAT-1 in triplicate, in person or by a duly authorised representative appointed in the prescribed form, with the stipulated fee, at the filing counter; non-compliance may constitute a valid ground to refuse to entertain it |
| 22(2) | Every appeal accompanied by a certified copy of the impugned order |
| 22(3) | All documents filed carry an index in triplicate giving their details and the amount of fee paid |
| 22(4) | Sufficient number of copies of the appeal, petition or application filed for service on the opposite party, as prescribed |
| 22(5) | In pending matters, all other applications are presented after serving copies in advance on the opposite side or the advocate or authorised representative |
| 22(6) | The processing fee prescribed by the Rules, with the required number of envelopes of sufficient size and notice forms as prescribed, is filed along with the memorandum of appeal |
The fee for the appeal is in the Schedule of Fees; see the article on rules 55 and 56 and the Schedule. Rule 22 does not itself state any amount.
The certified copy of the impugned order
Rule 22(2) makes the certified copy of the order under appeal a companion to every appeal. Form NCLAT-1 asks (item 17) whether the order as communicated in original is filed and, if not, for the reason. Rule 31 separately recognises an interlocutory application for exemption from production of a copy of the order appealed against.
The limitation period is not in the Rules
The period for filing an appeal is in section 421(3) of the Act, not in these Rules. Form NCLAT-1 asks the appellant to declare that the appeal is within the period in that sub-section and, if it is filed later, to explain, state the number of days of delay and file an interlocutory application for condonation. Read section 421 of the Companies Act, 2013 for the right of appeal, and Rules 27 to 32 for the interlocutory application in Form NCLAT-2.
Form NCLAT-1: the headings as printed
Form NCLAT-1 is headed "Memorandum of Appeal Preferred under Section 421 of the Companies Act, 2013", with the cause title "In the National Company Law Appellate Tribunal at New Delhi, Appellate Jurisdiction, Appeal No. ___ of 20__", the parties (appellant and respondent, with short address) and 21 numbered items:
| Item | Heading |
|---|---|
| 1 | Details of appeal: appeal under section 421 against the NCLT order dated ___ passed under section ___ |
| 2 | Date on which the order appealed against is communicated, and proof |
| 3 | Address of the appellant for service (postal, phone, e-mail, fax, address of legal representative) |
| 4 | Address of the respondents for service of all notices |
| 5 | Jurisdiction of the Appellate Tribunal (declaration) |
| 6 | Limitation (declaration, explanation and days of delay with an interlocutory application where needed) |
| 7 | Facts of the case |
| 8 | Facts in issue and questions of law |
| 9 | Grounds raised with legal provisions |
| 10 | Matters not previously filed or pending with any other court |
| 11 | Grounds for the relief and legal provisions relied on |
| 12 | Details of interim application, if any, filed with the appeal |
| 13 | Details of appeals by respondents against the same impugned order, if known |
| 14 | Details of index |
| 15 | Particulars of fee and the bank draft in favour of the Pay and Accounts Officer, Ministry of Corporate Affairs, New Delhi |
| 16 | List of enclosures |
| 17 | Whether the order appealed against is filed in original; reason if not |
| 18 | Whether the appellant is ready to file written submissions before the first hearing, after serving them |
| 19 | Whether copies with all enclosures have been forwarded to all respondents and interested parties, with postal or courier receipt and the process fee |
| 20 | Any other relevant or material particulars |
| 21 | Reliefs sought |
After item 21 come the date line, the signatures of counsel and appellant, a Declaration by Appellant (nothing material concealed or suppressed; enclosures are true copies, fair reproductions or true translations) and a Verification by the appellant or authorised officer, which separates paragraphs true to personal knowledge or official record from those believed true on legal advice.
The headings show what the Appellate Tribunal expects the appellant to have ready: the order, the proof of when it was communicated, the grounds, the pending matters elsewhere and the proof of service on respondents.
Same as before the NCLT?
The NCLT equivalent is rule 23, which covers a "petition, application, caveat, interlocutory application, documents and appeal" and allows documents certified by the authorised representative or advocate, verified from the originals. The NCLAT rule 22 is limited to the appeal, adds the express requirement of a certified copy of the impugned order, and uses a dedicated Form NCLAT-1 rather than Form NCLT-1 with attachments. The NCLT register of appeals to the NCLAT is in Rules 163 to 165 of the NCLT Rules.
An example
Harbor Foods Limited challenges an NCLT order. Its counsel files three sets of the memorandum in Form NCLAT-1 with the certified copy of the order, an index in triplicate, copies for each respondent, a draft for the fee in favour of the Pay and Accounts Officer, and envelopes with notice forms for the processing fee. Item 13 of the form asks whether any respondent has also appealed against the same order; the company's counsel checks this before signing the verification.
Need help presenting an appeal to the NCLAT?
A complete appeal in the right form reduces the chance of return at scrutiny. If you hold an NCLT order and want help with the memorandum, the annexures and the filing, our legal dispute resolution service can take the work from your hands.
Key takeaways
- Appeals go in Form NCLAT-1, in triplicate, at the filing counter (rule 22(1)).
- A certified copy of the impugned order accompanies every appeal (rule 22(2)).
- Index in triplicate; copies for service; processing fee with envelopes and notice forms (rule 22(3), (4), (6)).
- Form NCLAT-1 has 21 items, a declaration and a verification.
- The appeal period is in section 421(3) of the Act, not in the Rules.
Read next
- Rules 23-26: copies, verification and scrutiny of defects
- Rules 55-56 and the Schedule of Fees
- NCLAT appellate tribunal for company and insolvency matters
- Appeal against an NCLT order to the NCLAT and Supreme Court
Disclaimer: Based on the National Company Law Appellate Tribunal Rules, 2016 (G.S.R. 717(E)) as amended up to the National Company Law Appellate Tribunal (Amendment) Rules, 2017 (G.S.R. 1061(E)), consulted on 3 October 2026. Later amendments, fees, forms, NCLAT 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.