Rule 34 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 34 is the hinge of the Rules. It lets the Tribunal fix procedure where the Rules are silent, and it tells a filer which Annexure A forms to use: Form NCLT-4 for the heading, Form NCLT-1 with Form NCLT-2 for a petition, Form NCLT-1 with Form NCLT-3 for an interlocutory application, Form NCLT-6 for the verifying affidavit and Form NCLT-5 for the Tribunal's notice.
Where a situation is not provided for, the Tribunal may, for reasons recorded in writing, determine the procedure in accordance with natural justice (rule 34(1)). All proceedings, advertisements and notices carry the general heading in Form NCLT-4 (rule 34(2)). A petition or application or reference is filed in Form NCLT-1 with Form NCLT-2; an interlocutory application in Form NCLT-1 with Form NCLT-3 (rule 34(3)). Every petition or application is verified by an affidavit in Form NCLT-6, and the Tribunal's notice to the opposite party is in Form NCLT-5 (rule 34(4)). 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 34 sub-rule by sub-rule
| Sub-rule | What it provides |
|---|---|
| 34(1) | In a situation not provided for in the Rules, the Tribunal may, for reasons recorded in writing, determine the procedure in a particular case in accordance with the principles of natural justice |
| 34(2) | The general heading in all proceedings, advertisements and notices is in Form NCLT-4 |
| 34(3) | Every petition, application or reference is filed in Form NCLT-1 with attachments, accompanied by Form NCLT-2; an interlocutory application is filed in Form NCLT-1 with attachments along with Form NCLT-3 |
| 34(4) | Every petition or application, including an interlocutory application, is verified by an affidavit in Form NCLT-6; notice to the opposite party is in Form NCLT-5 |
Drafting specimens for the two most-used forms are in our posts on the Form NCLT-1 petition format and the Form NCLT-9 general application format; this article does not reproduce them. Our dispute resolution team prepares the full set for a petition.
The forms: headings as printed
Form NCLT-1
Annexure A lists the rules that use Form NCLT-1 (34, 64, 66 to 71, 73 to 75, 77 to 81, 83, 86, 87), to which "80A" was added by G.S.R. 80(E) of 3 February 2020. It carries the heading "as in Form NCLT-4" and is titled "Columns required for filing of Original Application / Reply / Rejoinder / Interlocutory Application or filing of additional documents under directions of the Bench". Its items:
| Item | Heading |
|---|---|
| i | Details of the original application, reply, rejoinder or interlocutory application: particulars of the petitioner, applicant or respondent and capacity (for example qua shareholder, qua depositor) |
| ii | Jurisdiction of the Bench (declaration) |
| iii | Limitation, if applicable (declaration under the relevant section) |
| iv | Facts of the case, chronologically |
| v | Relief(s) sought, with grounds and legal provisions |
| vi | Particulars of the bank draft evidencing payment of the fee |
Form NCLT-2: Notice of Admission
Addressed to the Registrar of the Bench. It names the relief sought, the section or rule under which it is sought, the reasons, and states that an affidavit is attached; it has boxes for the matter number (rehabilitation, transferred, other). It carries a note "This form is prescribed under Rule ____" with the rule number blank.
Form NCLT-3: Notice of Motion (as substituted in 2016)
For interlocutory applications, with "I.A. No." in a "C.P./C.A. No.". It states the relief sought, the section or rule providing for it, the reasons, and that an affidavit is attached. G.S.R. 1159(E) of 20 December 2016 substituted it. It is marked "see rule 34" but carries the note "This form is prescribed under Rule 4"; both are quoted as printed. Its boxes for rehabilitation and for transferred matters from the CLB, BIFR, AAIFR or High Court refer to old institutions, so check the current law for any such matter. See the article on rules 31 to 33.
Form NCLT-4: General Heading for Proceedings
"Before the National Company Law Tribunal, ___ Bench, at ___", "In the matter of the Companies Act, 2013 And In the matter of ___ Ltd." with two notes: where the company is being wound up, "in liquidation" is inserted in brackets after the name; and where the proceeding is under a relevant Act, that Act is set out in the cause title along with the Companies Act, 2013.
Form NCLT-5: Notice
Headed "" with the company application, company petition and I.A. numbers, parties, and the notice that all parties concerned attend the sitting Member(s) in the Tribunal Room or Chamber on a stated day, date and time for hearing an application, with the relief set out, issued by the Registrar or authorised representative. It is also the notice under rule 37(1); see the article on rules 36 and 37.
Form NCLT-6: General Affidavit Verifying Petition
Headed "(General)", with the company petition number. In the form, the deponent states his capacity (director, secretary or other), that he is authorised where the petitioner is the company, that the statements in stated paragraphs of the petition are true to his knowledge and those in other paragraphs are based on information believed to be true. A note says it can be used for any other general application with suitable alterations.
Form-to-purpose table
| Form | Purpose | Rule |
|---|---|---|
| NCLT-1 | Main filing: petition, application, reference, reply, rejoinder, interlocutory application | 34(3) and rules listed on the form |
| NCLT-2 | Notice of admission accompanying a petition | 34(3) |
| NCLT-3 | Notice of motion accompanying an interlocutory application | 34(3) |
| NCLT-4 | General heading | 34(2) |
| NCLT-5 | Notice to the opposite party | 34(4), 37 |
| NCLT-6 | General affidavit verifying a petition | 34(4) |
A printed clash in the affidavit forms
Rule 34(4) says every petition or application is verified by an affidavit in Form NCLT-6 (the "General Affidavit Verifying Petition"). Rule 39(3) says every affidavit filed is in Form NCLT-7, which is the "Affidavit by way of evidence". Both are quoted as printed; the verifying affidavit is NCLT-6 and the evidence affidavit NCLT-7. See the article on rules 39 and 40.
An example
Pinecrest Agro Limited files a petition. Its counsel uses the Form NCLT-4 heading, files Form NCLT-1 with the facts, jurisdiction and relief and Form NCLT-2, and verifies with an affidavit in Form NCLT-6. Later it files an interlocutory application in Form NCLT-1 with Form NCLT-3. The Tribunal's notice to the respondent is in Form NCLT-5.
Same as before the NCLAT?
The NCLAT Rules use a different set: appeals in Form NCLAT-1, interlocutory applications in Form NCLAT-2 and affidavits in Form NCLAT-4. They have no general-procedure rule like rule 34(1). See Rule 22 of the NCLAT Rules. All eighteen NCLT forms are mapped in the Annexure A article.
Need help choosing and completing the forms?
The right form and attachments make a filing complete. If you want the full set prepared for a petition or an application, speak to our dispute resolution team.
Key takeaways
- Where the Rules are silent, the Tribunal may fix procedure by natural justice, for reasons recorded (rule 34(1)).
- Form NCLT-4 is the heading for all proceedings, advertisements and notices.
- Petition: Form NCLT-1 with NCLT-2; interlocutory application: Form NCLT-1 with NCLT-3.
- Verifying affidavit: Form NCLT-6; Tribunal's notice: Form NCLT-5.
- Rule 39(3) names Form NCLT-7 for affidavits filed, which clashes in wording with rule 34(4).
Read next
- Rule 35: advertising a petition in Form NCLT-3A
- Rules 36-37: notice to the respondent in Form NCLT-5
- Annexure A: forms NCLT-1 to NCLT-18
- Form NCLT-1 petition format
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.