Rules 73 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.
Part XII covers how documents held by someone else are brought before the Appellate Tribunal and how documents produced are marked and returned. Rule 73 explains the application, rule 74 lets the Tribunal summon documents on its own and names Form NCLAT-6, rule 75 gives the A, B and C marking scheme, and rule 76 deals with return.
Discovery, production and return of documents are regulated by the Code of Civil Procedure, 1908, except as the Rules provide (rule 73(1)). An application for summons to produce documents is on plain paper and sets out the documents, their relevancy and, where a certified copy would serve, whether it was sought from the proper officer and with what result. The Tribunal may summon documents suo motu in Form NCLAT-6. Documents are marked 'A' series (appellant), 'B' series (respondent) and 'C' series (Tribunal exhibits). The Rules are read as amended up to the National Company Law Appellate Tribunal (Amendment) Rules, 2017 (G.S.R. 1061(E), 23 August 2017).
Rule 73: application for production of documents, form of summons
- Rule 73(1). Except as otherwise provided, discovery, production and return of documents are regulated by the provisions of the Code of Civil Procedure, 1908. That Code is an old instrument, quoted as printed; check the current law on it.
- Rule 73(2). An application for summons to produce documents is on plain paper, setting out (a) the documents whose production is sought, (b) their relevancy, and (c) where production of a certified copy would serve the purpose, whether an application was made to the proper officer and the result.
- Rule 73(3). A summons for production of documents in the custody of a public officer other than a court is addressed to the concerned Head of the Department or such other authority as the Appellate Tribunal may specify.
Sub-rule (2)(c) matters most. A party that can get a certified copy from the proper officer is expected to try that route first and say what happened. Our dispute resolution team prepares such applications with the relevance of each document spelt out.
Rule 74: suo motu summoning of documents
Notwithstanding anything in the Rules, the Appellate Tribunal may, suo motu, issue summons for the production of a public document or other documents in the custody of a public officer in Form NCLAT-6.
Form NCLAT-6: headings as printed
| Part | Content |
|---|---|
| Heading | "In the National Company Law Appellate Tribunal, New Delhi", Appeal No. ___ of 20__, appellant or petitioner against respondent(s), each with the legal representative |
| Authority line | "Under Section 424 of the Companies Act, 2013 r/w corresponding power vested under C.P.C." |
| Operative text | The Tribunal, suo motu or on the request of a named appellant, being satisfied that production of the described documents or records under your control or custody is necessary for proper decision, directs production before the Tribunal or forwarding of duly authenticated copies on or before a stated date |
| Description | "Enter description of documents requisitioned" |
| Close | "By Order of Tribunal", Registrar, date |
Section 424 of the Act is the source of the Tribunal's procedural powers; see our post on section 424.
Rule 75: marking of documents
- Rule 75(1). Documents, when produced, are marked as: (a) 'A' series if relied on by the appellant's or petitioner's side; (b) 'B' series if relied on by the respondent's side; (c) 'C' series for the Appellate Tribunal's exhibits.
- Rule 75(2). The Appellate Tribunal may direct the applicant to deposit, by demand draft or Indian Postal Order in favour of the Pay and Accounts Officer, Ministry of Corporate Affairs, New Delhi, a sum sufficient to defray the expenses of transmitting the records before the summons is issued.
The marking scheme also matters for witnesses: the witnesses of the applicant are numbered PWs and those of the respondents RWs, under rule 83; see the article on depositions.
Rule 76: return and transmission of documents
- Rule 76(1). An application for return of the documents produced shall be numbered. The text as printed continues "and such application shall be entertained after the destruction of the records".
- Rule 76(2). The Appellate Tribunal may, at any time, direct return of the documents produced, subject to such conditions as it deems fit.
One printed point to note. The NCLT version of this rule (rule 134(1)) reads "no such application shall be entertained after the destruction of the records". The NCLAT text as printed has no "no". It is quoted as printed here; read it with the destruction rule 47, which allows non-permanent record to be destroyed after six years from final conclusion of the proceedings, with the Chairperson's prior order. Applying for return while the record still exists is the safe course.
The documents path at a glance
| Step | Rule | Who | What |
|---|---|---|---|
| Application | 73(2) | Party | Plain paper; documents, relevancy, certified-copy attempt |
| Summons to public officer | 73(3) | Tribunal | Addressed to Head of Department or other authority |
| Suo motu summons | 74 | Tribunal | Form NCLAT-6 |
| Marking | 75(1) | Registry | A, B or C series |
| Deposit for transmission expenses | 75(2) | Applicant, if directed | Demand draft or Indian Postal Order |
| Return | 76 | Applicant or Tribunal | Numbered application; Tribunal may direct return at any time |
Same as before the NCLT?
Mostly the same as NCLT rules 131 to 134. Differences: NCLT rule 131(3) names Form NCLT-15 for a summons to a public officer, while the NCLAT rule 73(3) names no form for the application route and names Form NCLAT-6 only in the suo motu rule 74; NCLT rule 132 (suo motu) does not name a form. The printed "no" in the NCLT return rule, noted above, is absent from the NCLAT text. See Rules 131 to 134 of the NCLT Rules.
An example
Lakeshore Infra Limited, the appellant, needs an inspection report held by a government department. It first applies for a certified copy to the proper officer and gets no response. It then applies on plain paper for a summons, setting out the report, why it is relevant and the result of its attempt to obtain the certified copy. The Tribunal may address the summons to the Head of the Department. When the report is produced it is marked 'A' series as the appellant's document.
Need help getting documents before the Appellate Tribunal?
If your appeal depends on documents held by a department, a regulator or the other side, the application must show relevance and earlier efforts. Our dispute resolution service can prepare it.
Key takeaways
- Discovery and production follow the Code of Civil Procedure, 1908 as the Rules provide (rule 73(1)).
- The application is on plain paper and sets out documents, relevancy and any certified-copy attempt (rule 73(2)).
- Form NCLAT-6 is the suo motu summons for public documents (rule 74).
- Marking: A series for appellant, B series for respondent, C series for Tribunal exhibits (rule 75).
- Return is by numbered application; the Tribunal may direct return at any time (rule 76).
Read next
- Rules 67-72: affidavits and Form NCLAT-4
- Rules 77-81: examination of witnesses and commissions
- Rules 131-134 of the NCLT Rules
- Section 424: procedure before the NCLT
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.