NCLT Interlocutory 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.
Rules 31 to 33 deal with three practical points at the start of a matter: how an association proves it has authority to petition, how an interlocutory application for stay, directions or condonation of delay is made, and how a defaced or damaged document is flagged.
A petition by an association must be accompanied by a true copy of the resolution empowering the person who signs or verifies it, and must set out the list of members on whose behalf it is brought (rule 31). Interlocutory applications for stay, direction, condonation of delay, exemption from producing the order appealed against or extension of time are made in the prescribed form with a supporting affidavit (rule 32); by rule 34(3) the form is Form NCLT-1 with Form NCLT-3. A damaged document is noted in the index and verified and initialled by the receiving officer (rule 33). The Rules are read as amended up to the National Company Law Tribunal (Amendment) Rules, 2020 (G.S.R. 80(E), 3 February 2020); Form NCLT-3 was substituted by G.S.R. 1159(E) of 20 December 2016.
Rule 31: production of authorisation for an association
Where an appeal, application, petition or other proceeding is purported to be instituted by or on behalf of an association, the person or persons who sign or verify it produce, with it, for verification by the Registry, a true copy of the resolution of the association empowering them to do so.
Two provisos:
- The Registrar may at any time call on the party to produce further materials to be satisfied about due authorisation.
- The petition sets out the list of members for whose benefit the proceedings are instituted.
An association should therefore pass a resolution before filing, and attach it; our dispute resolution team can prepare the resolution and petition together. See also rule 26, which requires the petition to be signed and verified by the party; the article on rules 25 and 26 covers it.
Rule 32: interlocutory applications
Every interlocutory application for stay, direction, condonation of delay, exemption from production of a copy of the order appealed against, or extension of time prayed for in pending matters must be in the prescribed form, and the requirements prescribed for it must be complied with, besides filing an affidavit supporting the application.
Which form?
Rule 32 says only "prescribed form". Rule 34(3) then says that an interlocutory application is filed in Form NCLT-1, accompanied by attachments, along with Form NCLT-3. The verifying affidavit is Form NCLT-6 under rule 34(4), a point read with a printed clash in the numbering of the affidavit forms in the article on rule 34.
Form NCLT-3 as substituted
G.S.R. 1159(E) of 20 December 2016 substituted Form NCLT-3. It is headed "Before the National Company Law Tribunal ___ Bench", "I.A. No. ___/20__ in C.P./C.A. No. ___ 20__", "In the matter of Companies Act, 2013", with the parties, and titled Notice of Motion. Its headings are: the party filing the Motion; the matter it concerns (name and file number); the relief or order sought; the section of the Act or the Rules or Regulation that provides for it ("In terms of"); the reasons ("For the following reasons"); a statement that an affidavit setting out the facts is attached; the name and title of the signatory and the authorised signatory's address, telephone, fax and e-mail. At the foot are the matter-number boxes for rehabilitation, for transferred matters from the CLB, BIFR, AAIFR or High Court, and for other matters. The form carries the note "This form is prescribed under Rule 4 under NCLT Rules, 2016" as printed, though it is marked "see rule 34". The Company Law Board and the bodies named in the boxes are old institutions; check the current law on any transferred matter.
For a worked pattern of a general application, see our post on the Form NCLT-9 general application format; for delay, see how to apply for condonation of delay before the NCLT.
Rule 33: procedure on production of defaced, torn or damaged documents
When a document produced with a pleading appears defaced, torn or in any way damaged, or its condition or appearance requires special notice, the party producing it mentions its condition and appearance in the Index of the pleading. The mention is verified and initialled by the officer authorised to receive it.
At a glance
| Rule | Who | What to file or do |
|---|---|---|
| 31 | Association petitioning | True copy of the authorising resolution; list of members; Registrar may ask for more |
| 32 | Applicant in a pending matter | Interlocutory application in prescribed form (Form NCLT-1 with NCLT-3) and a supporting affidavit |
| 33 | Party producing a damaged document | Note the condition in the Index; officer verifies and initials |
An example
The Maitri Residents Welfare Association petitions the Tribunal on behalf of its members. Its secretary signs and verifies the petition, files a true copy of the managing committee's resolution authorising her, and lists the members for whose benefit the petition is brought (rule 31). Later, because a respondent's objection delays the matter, the association's counsel files an interlocutory application for extension of time with an affidavit (rule 32). One annexure is a water-stained agreement; the index notes its condition and the receiving officer initials the note (rule 33).
Same as before the NCLAT?
Nearly the same as NCLAT rules 30 to 32. The difference is in the form: the NCLAT rule 31 names Form NCLAT-2 directly, while the NCLT rule 32 says "prescribed form" and sends the reader to rule 34(3) and Form NCLT-3. NCLT rule 31 and NCLAT rule 30 are the same. See Rules 27 to 32 of the NCLAT Rules.
What a practitioner checks
- For an association: the resolution, the list of members and who signs and verifies.
- For an interlocutory application: the prayer falls within rule 32, the form is Form NCLT-1 with Form NCLT-3, and the affidavit is attached.
- For documents: any defaced or damaged paper is noted in the index.
Need help with an application inside a pending matter?
Stay, condonation and extension applications often decide a case. For help preparing the notice of motion and affidavit, speak to our dispute resolution team.
Key takeaways
- An association files a true copy of its authorising resolution and the list of members (rule 31).
- Interlocutory applications for stay, direction, condonation of delay, exemption and extension need the prescribed form and a supporting affidavit (rule 32).
- By rule 34(3) the form is Form NCLT-1 with Form NCLT-3 (Notice of Motion, substituted in 2016).
- Damaged documents are noted in the index and initialled by the receiving officer (rule 33).
Read next
- Rules 27-30 and 63: scrutiny and appeal against the Registrar
- Rule 34: general procedure and Forms NCLT-1 to NCLT-6
- Form NCLT-9 general application format
- Rules 27-32 of the NCLAT Rules
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.