Rules 23 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 23 is the presentation rule of the NCLT: a petition, application, caveat, interlocutory application, document or appeal is presented in triplicate, with the prescribed form and fee, at the filing counter. Rule 23A, inserted in December 2016, lets persons with a common interest present one joint petition. Rule 24 fixes the number of authenticated copies.
Every petition, application, caveat, interlocutory application, document and appeal is presented in triplicate, in person or through an authorised representative or advocate, in the prescribed form with the stipulated fee, and non-compliance may be a ground to refuse to entertain it (rule 23(1)). Documents carry an index in triplicate. Rule 23A, inserted by G.S.R. 1159(E) of 20 December 2016, lets a Bench permit more than one person to present a single petition if satisfied that they have a common interest; where the Act specifically permits joining, permission shall be granted. Three authenticated copies are filed and one is delivered to each opposite party (rule 24). The Rules are read as amended up to the National Company Law Tribunal (Amendment) Rules, 2020 (G.S.R. 80(E), 3 February 2020).
Rule 23: presentation of petition or appeal
| Sub-rule | What it requires |
|---|---|
| 23(1) | Every petition, application, caveat, interlocutory application, document and appeal is presented in triplicate, by the appellant, applicant, petitioner or respondent, in person or through an authorised representative or advocate duly appointed, in the prescribed form with stipulated fee at the filing counter; non-compliance may constitute a valid ground to refuse to entertain it |
| 23(2) | Every petition, application or appeal may be accompanied by documents duly certified by the authorised representative or advocate, verified from the originals |
| 23(3) | All documents filed carry an index in triplicate with their details and the amount of fee paid |
| 23(4) | Sufficient copies of the petition, application or appeal are filed for service on the opposite party, as the Rules prescribe |
| 23(5) | In pending matters, all applications are presented after serving copies in advance on the opposite side or its authorised representative |
| 23(6) | The processing fee prescribed by the Rules, with the required number of envelopes of sufficient size and notice forms, is filed with the memorandum of appeal |
The fee is as per the Schedule of Fees; see the article on rule 112 and the Schedule. Rule 23 does not state any amount. Our dispute resolution team assembles petitions in triplicate with the index and copies for service.
Rule 23A: presentation of joint petition
Rule 23A was inserted by G.S.R. 1159(E) of 20 December 2016.
- Rule 23A(1). The Bench may permit more than one person to join together and present a single petition if it is satisfied, having regard to the cause of action and the nature of relief prayed for, that they have a common interest in the matter.
- Rule 23A(2). Such permission shall be granted where the joining of the petitioners by a single petition is specifically permitted by the Act.
Where the Act permits joining
Whether a section of the Act specifically permits joining is read from that section. For two sections often filed by several applicants, see our posts on sections 241 to 244 on oppression and section 245 on class action. Whether a particular section "specifically permits" joining is a question about that section, not about rule 23A.
Where the Act is silent
Under sub-rule (1) the Bench decides, having regard to the cause of action and the relief prayed for. Persons who share the same grievance and ask for the same relief are the plain case for asking. Rule 38A, on one cause of action per petition, is read in the article on rules 38 and 38A.
Rule 24: number of copies to be filed
The appellant, petitioner, applicant or respondent files three authenticated copies of the appeal, petition, application, counter or objections, as the case may be, and delivers one copy to each of the opposite party.
Who files what
| Document | Copies | Rule |
|---|---|---|
| Petition, application, caveat, interlocutory application, appeal | Three (triplicate) | 23(1), 24 |
| Index of documents | Three | 23(3) |
| Copies for service on opposite parties | One for each | 23(4), 24 |
| Processing fee with envelopes and notice forms | As prescribed | 23(6) |
| Joint petition | One petition by the joined persons, with the Bench's permission or where the Act permits | 23A |
An example
Four minority shareholders of Rosewood Textiles Limited share the same grievance about the same board decision and ask for the same relief. They present one petition and ask the Bench's permission under rule 23A(1), showing a common interest. They file three sets with an index in triplicate and deliver one copy to each respondent. Had the Act specifically allowed them to join, permission would follow under rule 23A(2).
Same as before the NCLAT?
NCLAT rule 22 is the nearest equivalent and is limited to an appeal in Form NCLAT-1, with a certified copy of the impugned order. The NCLAT Rules have no rule on joint petitions. NCLAT rule 23 matches NCLT rule 24. See Rule 22 of the NCLAT Rules.
What a practitioner checks
- The form and fee are as prescribed (see the Schedule of Fees).
- Three sets, an index in triplicate and copies for each opposite party.
- Envelopes and notice forms for the processing fee.
- For a joint petition, the common interest and the single cause of action, or the section that permits joining.
Need help presenting a petition or a joint petition?
A complete filing in triplicate, with the right form and fee, avoids a return at scrutiny. For help preparing the papers, or deciding whether to join with other petitioners, see our dispute resolution service.
Key takeaways
- Present every petition, application, caveat, interlocutory application, document and appeal in triplicate, in the prescribed form with the stipulated fee (rule 23(1)).
- File an index in triplicate and copies for service (rule 23(3), (4)).
- Rule 23A (inserted 2016) allows a joint petition on a common interest, and requires permission where the Act specifically permits joining.
- Three authenticated copies; one to each opposite party (rule 24).
Read next
- Rules 20-22: format of a petition
- Rules 38 and 38A: service and single cause of action
- Rule 112 and the Schedule of Fees
- Sections 241-244: oppression and mismanagement
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.
