Sections 432 and 433 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.
Section 432 says who can present your case before the NCLT or the NCLAT: you can appear in person or authorise chartered accountants, company secretaries, cost accountants, legal practitioners or any other person. Section 433 says the Limitation Act, 1963 applies, as far as may be, to proceedings and appeals before both Tribunals.
A party may appear in person or authorise one or more chartered accountants, company secretaries, cost accountants, legal practitioners or any other person to present the case (s.432). The Limitation Act, 1963 applies "as far as may be" to proceedings or appeals before the Tribunal or the Appellate Tribunal (s.433). Where the Companies Act sets its own period, such as the 45 days in section 421(3) or the 60 days in section 423, read that specific provision first.
Sections 432 and 433 at a glance
| Section | What it says | Who it affects |
|---|---|---|
| 432 | A party may appear in person or authorise a CA, CS, cost accountant, legal practitioner or any other person to present the case | Every party before the NCLT or NCLAT |
| 433 | The Limitation Act, 1963 applies as far as may be to proceedings or appeals before the Tribunals | Every applicant, petitioner or appellant |
Section 432: who can appear
The text reads: a party to any proceeding or appeal before the Tribunal or the Appellate Tribunal "may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any other person to present his case".
| Option | What the text allows |
|---|---|
| In person | The party itself, for example a director or shareholder |
| Chartered accountant | Authorised by the party |
| Company secretary | Authorised by the party |
| Cost accountant | Authorised by the party |
| Legal practitioner | Authorised by the party |
| Any other person | Authorised by the party |
Points to note:
- The section allows one or more representatives. A party can authorise a lawyer and a chartered accountant together.
- The representative is authorised by the party. Keep a written authorisation on record, in the form the Tribunal's rules require. Check the current rules for the form and filing.
- The choice belongs to the party. The Act does not require a party to hire a lawyer.
- The phrase "any other person" is wide, but a Tribunal can still expect a representative to be able to handle the matter properly. Choose someone who knows the record and the law.
If you want a team to present the matter before the Tribunal, our legal dispute resolution team can take it up.
Example. A private company is a respondent in an oppression petition. Its finance head is well placed to explain the accounts, but the legal points are technical. The company authorises a legal practitioner to present the case and a chartered accountant to assist on the financials. Section 432 allows both.
Section 433: limitation
The whole section: "The provisions of the Limitation Act, 1963 (36 of 1963) shall, as far as may be, apply to proceedings or appeals before the Tribunal or the Appellate Tribunal, as the case may be."
Three things follow.
- Limitation Act applies to the Tribunals. Time limits for bringing applications and appeals, and the Act's rules on computing time, apply to proceedings before them, as far as may be. The words "as far as may be" mean the Limitation Act applies where it fits the nature of the proceeding. They do not mean it is optional.
- The Companies Act's own periods come first. Where the Companies Act fixes a period, that period is what you read. For example, an appeal to the NCLAT under section 421(3) is within 45 days from the date a copy of the order is made available, with a further period not exceeding 45 days for sufficient cause. See section 421: appeal to the NCLAT. An appeal to the Supreme Court under section 423 is within 60 days, with a further period not exceeding 60 days. See sections 422 and 423.
- For periods the Act does not fix, the Limitation Act, 1963 is the reference. We do not list its articles here. Check the Limitation Act itself for the period that fits your application, and take advice on when time starts to run. Do not rely on memory of a period from another proceeding.
Condonation of delay
Because the Limitation Act applies, a party who is late may need to ask for delay to be condoned, and must explain the cause with dates. Where the Companies Act itself has a condonation proviso, as section 421(3) and section 423 do, that proviso sets the outer limit. For the process in other filings, see how to apply for condonation of delay in filing with NCLT.
Practical checklist
- Decide early who will represent you and sign the authorisation.
- List every time limit that could apply: the Companies Act period first, then the Limitation Act.
- Calendar the date an order or notice was received.
- Keep proof of delivery and of the dates, since condonation depends on explaining the delay with dates.
- File early. "As far as may be" is not a reason to test the limit.
For a wider walk-through of filing, see appearing before the NCLT: procedure, requirements and practice tips.
Proposed change (Corporate Laws (Amendment) Bill, 2026)
We found no clause in the Corporate Laws (Amendment) Bill, 2026 that amends section 432 or section 433. The Bill was introduced in Lok Sabha on 23 March 2026 and sent to a Joint Parliamentary Committee, whose report came on 3 August 2026. It is pending and not law as on 30 September 2026.
Need help with representation or limitation?
Choosing the right representative and getting the dates right can decide whether a matter is heard on merits. Our legal dispute resolution team can review your timeline and appear for you before the Tribunal.
Key takeaways
- You can appear in person or authorise a CA, CS, cost accountant, legal practitioner or any other person.
- One or more representatives can be authorised.
- The Limitation Act, 1963 applies as far as may be to Tribunal proceedings and appeals.
- Specific Companies Act periods, such as 45 days under s.421 and 60 days under s.423, apply first.
- Keep dated proof to support any request to condone delay.
Read next
- Contempt, civil court bar and good faith: sections 425 to 431
- Mediation and Conciliation Panel: section 442
- Appeal to the NCLAT: section 421
- Appearing before the NCLAT: appellate practice guide
Disclaimer: Based on the Companies Act, 2013 as amended up to 1 April 2021 (official consolidated text), read with later developments noted in the article; proposals in the Corporate Laws (Amendment) Bill, 2026 are pending and not law as on 30 September 2026. Verify current notifications and rules before acting.