Appeal to 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 4 to 6 of the Companies (Adjudication of Penalties) Rules, 2014 give a company, officer or other person penalised by an adjudicating officer a route of appeal to the Regional Director. The appeal is made in Form ADJ within sixty days, is registered after scrutiny, and is disposed of after the adjudicating officer replies and a hearing is held. The rules are stated as amended up to G.S.R. 630(E) dated 9 October 2024 per the MCA e-book, and later amendments should be checked.
An appeal against an adjudicating officer's order is filed in writing with the Regional Director having jurisdiction, in Form ADJ, within sixty days of receiving the order, with a certified copy of the order and the prescribed fee. A defective appeal may be corrected within not less than fourteen days, extendable by fourteen more. The adjudicating officer replies within a period not exceeding twenty-one days, and the hearing date must be at least thirty days after notification. The appeal may be disposed of ex parte if a party does not appear.
How appeals fit into adjudication
An adjudicating officer's order follows the show-cause, reply and hearing steps in Rules 1, 2, 3 and 3A. Rules 4 to 6 deal with what a dissatisfied party can do next. The Act's source of adjudication power is explained in Section 454: adjudication of penalties and in Section 454 of the Companies Act, 2013. Where rule 3A applies, the appeal and its steps also take place on the electronic platform: rule 3A(1) says all proceedings of the adjudicating officer and the Regional Director under these rules run in electronic mode only.
If you are weighing an appeal, the sixty-day period matters. You can discuss the grounds with us through a service for replying to a legal notice.
Rule 4: appeal against the order
4(1). Every appeal is filed in writing with the Regional Director having jurisdiction in the matter, within sixty days from the date the aggrieved party receives the adjudicating officer's order. It is made in Form ADJ, sets out the grounds of appeal and is accompanied by a certified copy of the order appealed against.
Two provisos apply:
- if the party is represented by an authorised representative, a copy of the authorisation and the representative's written consent must be appended; and
- an appeal in Form ADJ must not seek relief against more than one order, unless the reliefs sought are consequential.
4(2). Every appeal is accompanied by the fee provided in the Companies (Registration Offices and Fees) Rules, 2014. The rule prints no amount. For those fees, see the sister article on annexure items for application, dormant, inspection and strike-off fees.
Rule 5: registration of the appeal
5(1). On receipt, the Regional Director's office endorses the date on the appeal and signs the endorsement.
5(2). If, on scrutiny, the appeal is in order, it is duly registered and given a serial number.
First proviso: defective appeals. The Regional Director may allow the appellant time, not being less than fourteen days after the appellant receives intimation of the defects, to rectify them. If the appellant does not rectify in that time, the Regional Director may, by order and for reasons recorded in writing, decline to register the appeal and communicate the refusal within seven days.
Second proviso: extension. For reasons recorded in writing, the Regional Director may extend that period by a further fourteen days if the appellant shows sufficient cause for not rectifying within the first fourteen days.
Rule 6: disposal of the appeal
6(1). When the appeal is admitted, the Regional Director serves a copy on the adjudicating officer, with a notice requiring him to file his reply within a period not exceeding twenty-one days, as the notice stipulates. A proviso allows the Regional Director, for reasons recorded in writing, to extend that by a further twenty-one days if the adjudicating officer shows sufficient cause.
6(2). A copy of every reply, application or written representation the adjudicating officer files before the Regional Director is forthwith served on the appellant by the adjudicating officer.
6(3). The Regional Director notifies the parties of the hearing date, which must not be earlier than thirty days after the notification.
6(4). On the hearing date he may, for reasons recorded in writing, pass any order he thinks fit, including adjournment.
6(5). If the appellant or the adjudicating officer does not appear, the Regional Director may dispose of the appeal ex parte. If the appellant appears afterwards and shows sufficient cause for non-appearance, the Regional Director may set aside the ex parte order and restore the appeal.
6(6) and 6(7). Every order is dated and signed by the Regional Director. A certified copy is communicated forthwith to the adjudicating officer and the appellant, and to the Central Government.
Example. Sapphire Infra Ltd receives an adjudicating officer's order on 10 March. Its authorised representative prepares an appeal in Form ADJ with a certified copy of the order, the authorisation and the representative's consent, and files it with the Regional Director having jurisdiction within sixty days of 10 March. The Regional Director finds one document missing and intimates the defect. Sapphire has not less than fourteen days from receiving that intimation to cure it. After registration, the adjudicating officer is asked to reply within a stated period of not more than twenty-one days, and the hearing is fixed at least thirty days after the notice of hearing.
The rules do not say that filing an appeal stops the penalty or its payment. Check the order and the current provisions of the Act on that point.
Timelines as printed
| Step | Rule | Who | Period as printed | Form |
|---|---|---|---|---|
| File appeal | 4(1) | Aggrieved party | Within sixty days of receiving the order | Form ADJ with certified copy |
| Fee | 4(2) | Appellant | As provided in the Registration Offices and Fees Rules | None |
| Rectify defects | 5(2) first proviso | Appellant | Not less than fourteen days from intimation | None |
| Extension to rectify | 5(2) second proviso | Regional Director | Further fourteen days | None |
| Refusal communicated | 5(2) first proviso | Regional Director | Within seven days | None |
| Officer's reply to appeal | 6(1) | Adjudicating officer | Not exceeding twenty-one days; extension of twenty-one days | None |
| Hearing date | 6(3) | Regional Director | Not earlier than thirty days after notification | None |
Need help with an adjudication appeal?
An appeal in Form ADJ must be filed in time, attach the right papers and ask for relief against one order. Our team can help you check the order, the grounds and the filing. See our service on replying to a legal notice for the first step.
Key takeaways
- The appeal goes to the Regional Director having jurisdiction, in Form ADJ, within sixty days of receiving the order.
- It needs a certified copy of the order and the prescribed fee; one appeal should not seek relief against more than one order unless the reliefs are consequential.
- Defects can be cured within a period of not less than fourteen days, extendable by fourteen days.
- The adjudicating officer replies within a period not exceeding twenty-one days (extendable by twenty-one days).
- A party who misses the hearing risks an ex parte order, which may be set aside for sufficient cause.
Read next
- Rules 1, 2, 3 and 3A of the Adjudication of Penalties Rules: show-cause notice and order
- Section 454: adjudication of penalties
- Rules 1–6 of the Inspection, Investigation and Inquiry Rules
Disclaimer: Based on the Companies Act, 2013 rules named above as consolidated in the MCA e-book (consulted on 3 October 2026), with the later notifications the article names. Later amendments, fees, forms 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.