Form NCLAT 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.
The second half of Part XIII, "Examination of witnesses and issue of commissions", covers what happens after a witness is sworn: how the deposition is recorded in Form NCLAT-7, how witnesses are numbered, how a discharge certificate in Form NCLAT-8 is given, what allowances are paid, and what records a Commissioner is given and may take.
A deposition is recorded in Form NCLAT-7, with each page initialled by the Members of the Bench. Witnesses called by the applicant or petitioner are numbered PWs, and those called by the respondents RWs. A discharged witness may be given a certificate in Form NCLAT-8 by the Registrar. Government servants summoned may draw their normal allowances; for others the Registrar's estimate is deposited by the party applying for the summons before it issues. A Commissioner is given the records the Tribunal considers necessary, and may take specimen handwriting, signature or fingerprint. 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 82: recording of deposition
- Rule 82(1). The deposition of a witness is recorded in Form NCLAT-7.
- Rule 82(2). Each page is initialled by the Members constituting the Bench.
- Rule 82(3). Corrections pointed out by the witness may, if the Bench is satisfied, be carried out and duly initialled; if not satisfied, a note to that effect is appended at the bottom of the deposition.
Form NCLAT-7: headings as printed
The form is headed "In the National Company Law Appellate Tribunal, New Delhi", with the appeal or petition number and the title "Deposition of PW/RW". It has seven particulars: (1) name, (2) father's, mother's or husband's name, (3) age, (4) occupation, (5) place of residence and address, (6) name of the officer administering the oath or affirmation, and (7) name of the interpreter, if any, duly sworn or solemnly affirmed. Then follow "Duly sworn/solemnly affirmed", spaces for examination-in-chief, cross examination and re-examination, if any, the witness's signature on each page, and a closing statement that the recorded statement was read over or translated and admitted to be correct, signed by the Member with date.
The oath is covered in the article on rules 77 to 81. Our dispute resolution team prepares witness lists and reviews the recorded deposition with the client.
Rule 83: numbering of witnesses
Witnesses called by the applicant or petitioner are numbered consecutively as 'PWs', and those called by the respondents as 'RWs'.
Rule 84: discharge certificate
A witness discharged by the Appellate Tribunal may be granted a certificate in Form NCLAT-8 by the Registrar. Form NCLAT-8 is a "Certificate of Discharge": it certifies that the named person appeared before the Appellate Tribunal as a witness in a stated matter on behalf of the appellant or respondent, or as a Court witness, on a given day, that he was relieved at a stated time, and whether he was paid any T.A. and D.A. or allowance and how much. It carries the Registrar's signature and the Tribunal's seal.
Rule 85: witness allowance payable
| Sub-rule | Provision |
|---|---|
| 85(1) | A Government servant summoned to give evidence or produce documents may draw from the Government the travelling and daily allowances admissible to him as per rules |
| 85(2) | Where there is no provision for T.A. and D.A. by the employer, he is entitled to an allowance, a sum found by the Registrar sufficient to defray travelling and other expenses, having regard to the status and position of the witness |
| 85(3) | The party applying for the summons deposits with the Registrar the amount of allowance as estimated by the Registrar well before the summons is issued |
| 85(4) | If the witness is summoned as a court witness, the amount estimated by the Registrar is paid as the Appellate Tribunal directs |
| 85(5) | These provisions also govern the allowance of the interpreter |
The deposit is a cost that a party should plan for before applying for a summons. The amounts are not fixed by the Rules; they depend on the Registrar's estimate and the witness's status. The Rules print no scale.
Rule 86: records to be furnished to the Commissioner
- The Commissioner is furnished by the Appellate Tribunal with such of the records of the case as the Tribunal considers necessary for executing the Commission (rule 86(1)).
- Original documents are furnished only if a copy does not serve the purpose or cannot be obtained without unreasonable expense or delay (rule 86(2)).
- Delivery and return of records are made under proper acknowledgement (rule 86(3)).
Rule 87: specimen handwriting and signature
The Commissioner may, if necessary, take a specimen of the handwriting, signature or fingerprint of any witness examined before him.
Same as before the NCLT?
Rules 82 to 87 correspond to NCLT rules 140 to 145, with Forms NCLT-16 and NCLT-17 in place of NCLAT-7 and NCLAT-8. Small differences of wording: the NCLT Commissioner's records rule 144 combines the original-documents and acknowledgement points into sub-rule (2), where the NCLAT rule 86 has them in sub-rules (2) and (3); the NCLT allowance rule 143(2) says "in the opinion of the Registrar" where the NCLAT rule 85(2) says "found by the Registrar"; and NCLT rule 143(5) calls the interpreter's payment "batta", where the NCLAT rule 85(5) says "allowance". See Rules 140 to 145 of the NCLT Rules.
An example
Summit Pharma Limited applies for a summons to a government hospital pharmacist. Before the summons issues, the Registrar estimates the allowance and Summit deposits it (rule 85(3)); the pharmacist, as a Government servant, may instead draw the allowances admissible to him from the Government (rule 85(1)). At the hearing the company's witness is numbered PW-1 and the respondent's witness RW-1 (rule 83). Their depositions are recorded in Form NCLAT-7, each page initialled by the Members. After he is discharged, the Registrar may issue a Form NCLAT-8 certificate.
Need help managing witnesses and evidence?
Witness numbering, allowances and the Commissioner's records are all small steps with real timing. For support preparing evidence for an appeal, talk to our dispute resolution service.
Key takeaways
- Depositions are recorded in Form NCLAT-7 and each page is initialled by the Members (rule 82).
- Witnesses are numbered PWs (applicant or petitioner) and RWs (respondents) (rule 83).
- Form NCLAT-8 is the discharge certificate given by the Registrar (rule 84).
- The party applying for a summons deposits the Registrar's estimate of allowance before it issues (rule 85(3)).
- A Commissioner gets necessary records, originals only if a copy will not do, and may take specimen handwriting (rules 86, 87).
Read next
- Rules 77-81: examination of witnesses and the oath
- Rules 88-93: final order and pronouncement
- Rules 140-145 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.