NCLAT Rule 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.
Five short rules set the groundwork for everything else before the Appellate Tribunal. Rule 3 says how a period of time is counted, rule 4 says the Annexure A forms must be used, rule 5 fixes how orders and processes are issued and signed, rule 6 deals with the seal, and rule 7 puts the records in the Registrar's custody.
In counting any period, the day from which it runs is left out, and if the last day falls when the Appellate Tribunal's office is closed, that day and every following closed day are also left out. Forms prescribed by the Rules are used with such changes as the case needs. Orders, summons and warrants are issued in the name of the Chairperson, signed by the Registrar or an authorised officer, and sealed. Records stay in the Tribunal's custody unless it gives leave. The article reads the Rules as amended up to the National Company Law Appellate Tribunal (Amendment) Rules, 2017 (G.S.R. 1061(E), 23 August 2017).
Rule 3: computation of time
Rule 3 applies to a period prescribed by the Act, by these Rules, by any other law, or fixed by the Appellate Tribunal for doing any act. Two things follow from its words:
- The day from which the period is reckoned is excluded.
- If the last day expires on a day when the office of the Appellate Tribunal is closed, that day and any succeeding day on which the Appellate Tribunal remains closed are also excluded.
The closed days at the end are left out of the count, as the rule is worded. If a deadline in your matter turns on this rule, a short legal consultation before the last week is sensible. The rule is useful with the periods the Rules print, such as the seven days to cure a defect under rule 26(2) and the seven days after notification of an unserved notice under rule 50(2). Those are covered in the article on scrutiny of defects and the article on notice of appeals.
A practical example: Aarav Textiles Private Limited is told to cure a defect in its filing within seven days of the date of return. The day of return is not counted. If the seventh day falls on a day the office is closed, that day and the closed days after it are not counted either, and the company works out its last day on that basis.
Rule 3 does not itself state the time limit for filing an appeal. That limit is in section 421(3) of the Act; see our post on section 421 of the Companies Act, 2013 and the post on limitation under sections 432 and 433.
Rule 4: forms
The forms "prescribed by these rules" are to be used for the purpose stated in each, with such modifications or variations as the circumstances of each case may require. Annexure A holds Forms NCLAT-1 to NCLAT-9.
| Form | Used for | Rule |
|---|---|---|
| NCLAT-1 | Memorandum of appeal under section 421 | 22 |
| NCLAT-2 | Interlocutory application | 31 |
| NCLAT-3 | Application for inspection | 59 |
| NCLAT-4 | Affidavit | 68 |
| NCLAT-5 | Certificate for illiterate or blind deponent | 70 |
| NCLAT-6 | Summons for documents | 74 |
| NCLAT-7 | Deposition of a witness | 82 |
| NCLAT-8 | Certificate of discharge | 84 |
| NCLAT-9 | Register of special leave petitions and appeals to the Supreme Court | 100 |
Same as before the NCLT?
Almost. The NCLT version of this rule adds a fallback: where no form is prescribed for a situation, a form approved by the Registrar is to be used. The NCLAT rule has no such sentence, so where the Rules print no form, the text is silent on what to use. The NCLT rule is read in Rules 3 to 7 of the NCLT Rules.
Rule 5: format of orders and processes
Every rule, direction, order, summons, warrant or other mandatory process must be:
- issued in the name of the Chairperson;
- signed by the Registrar, or by another officer specifically authorised by the Chairperson, with the day, month and year of signing; and
- sealed with the official seal of the Appellate Tribunal.
At the NCLT the corresponding rule uses the word "President" and refers to the "seal of the Tribunal". Otherwise the two rules say the same. For a company that receives a process, the checklist is simple: it carries the Chairperson's name, an authorised signature with a full date and the seal.
Rule 6: official seal of the Appellate Tribunal
The seal and emblem are such as the Central Government may from time to time specify, and they are kept in the custody of the Registrar. The Rules do not describe the design.
Rule 7: custody of the records
The Registrar has custody of the records of the Appellate Tribunal. No record or document filed in any cause or matter may be taken out of the Tribunal's custody without the leave of the Appellate Tribunal. A proviso lets the Registrar allow another officer of the Appellate Tribunal to remove an official paper or record for administrative purposes.
For parties, this means originals filed with an appeal are not collected back informally. Inspection is a separate, regulated step: see Rules 57 to 62 on inspection of records, and rules 76 and 99 on return of documents and library copies.
Need help with filing deadlines before the Appellate Tribunal?
Counting days correctly is where many appeals first go wrong. If you are preparing an appeal or an application and want the periods in the Act and the Rules read together for your facts, speak to us through our legal consultation service.
Key takeaways
- Rule 3 leaves out the first day of a period and any closed days at the end.
- Rule 4 requires the Annexure A forms, with changes the case needs; there is no Registrar-approved fallback form in the NCLAT Rules.
- Orders and processes carry the Chairperson's name, an authorised signature with date, and the seal (rule 5).
- The seal is specified by the Central Government and kept by the Registrar (rule 6).
- Records cannot leave the Tribunal's custody without leave (rule 7).
Read next
- Rules 1 and 2: commencement and definitions
- Rules 8-15: sitting at New Delhi, hours, urgent listing and extension of time
- Rules 3-7 of the NCLT Rules
- Section 421: appeal to the NCLAT
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.