Practice Areas

NCLAT

Appeals before the National Company Law Appellate Tribunal, and from it to the Supreme Court.

The National Company Law Appellate Tribunal hears Appeals from the NCLT in Insolvency and company matters. It is also the appellate forum for Orders of the Competition Commission of India and the National Financial Reporting Authority.

Appeals here run on short, strict time limits and are heard largely on the record made before the Tribunal below. Our Chamber drafts and argues Appeals for Appellants and Respondents, and takes matters onward to the Supreme Court where a question of law arises.

Scope of Work

Insolvency Appeals

Appeals under Section 61 of the Insolvency and Bankruptcy Code.

  • Against Admission or Rejection of Insolvency Applications
  • Against Approval or Rejection of Resolution Plans
  • Against Liquidation Orders
  • On Claims, Avoidance Transactions and Distribution
  • Interim Stay of the Process Pending Appeal

Company Law Appeals

Appeals under Section 421 of the Companies Act, 2013.

  • Oppression and Mismanagement Orders
  • Schemes of Merger and Arrangement
  • Rectification, Restoration and Other Orders of the Tribunal

Competition and Regulatory Appeals

The Appellate Tribunal’s other jurisdictions.

  • Appeals From Orders of the Competition Commission of India
  • Appeals From Orders of the National Financial Reporting Authority

Onward to the Supreme Court

Second Appeals on questions of law.

  • Civil Appeals Under Section 62 of the Code
  • Appeals Under Section 423 of the Companies Act
  • Interim Relief Pending Appeal

Who This Concerns

  • Creditors and Corporate Debtors Aggrieved by Orders of the NCLT
  • Suspended Directors and Promoters
  • Resolution Applicants, Successful and Unsuccessful
  • Shareholders in Company Disputes
  • Enterprises Facing Orders of the Competition Commission
  • Auditors and Audit Firms Facing Orders of the NFRA

The Approach

  • The Certified Copy is applied for on the day of the Order.
  • Appeals are framed on the points of law that the record supports.
  • Interim Relief is sought at the first Hearing where the process below will not wait.

Time Limits That Matter

StepTime LimitSource
Appeal Under the Insolvency and Bankruptcy Code30 days from the Order; up to 15 more for sufficient cause, and no further.Section 61, Insolvency and Bankruptcy Code, 2016
Disposal of an Appeal Under the CodeThe Appellate Tribunal is to dispose of the Appeal within three months of receiving it.Section 61, as amended in 2026
Appeal Under the Companies Act45 days from receipt of the Order; up to 45 more for sufficient cause.Section 421, Companies Act, 2013
Appeal From the Competition Commission60 days from communication of the Order.Section 53B, Competition Act, 2002
Appeal to the Supreme Court Under the Code45 days, extendable by 15 days.Section 62, Insolvency and Bankruptcy Code, 2016

Stated generally. Time limits turn on the facts and on the amendments in force; take advice on your own dates.

Frequently Asked Questions

How Long Do I Have to Appeal an NCLT Order in an Insolvency Matter?

Thirty days. The Appellate Tribunal can condone a delay of up to fifteen days for sufficient cause, and has no power to condone anything beyond that. Time runs from the date the Order is pronounced, so the Certified Copy should be applied for at once.

Who Can File an Appeal?

Any person aggrieved by the Order, not only the parties before the NCLT. Creditors, shareholders, suspended directors and unsuccessful Resolution Applicants have all been heard in Appeal where the Order affects their rights.

Does Filing an Appeal Stay the NCLT’s Order?

No. The Order continues to operate unless the Appellate Tribunal grants a Stay, which must be asked for separately and justified.

Can the Appellate Tribunal’s Decision Be Challenged?

An Appeal lies to the Supreme Court under Section 62 of the Code, but only on a question of law, and within forty-five days. Under the Companies Act the corresponding Appeal is under Section 423, within sixty days.

Will the Appellate Tribunal Look at New Documents?

Rarely. An Appeal is decided on the record that was before the NCLT. Additional documents are permitted only with leave and for good reason, which is why the case must be made out fully at the first stage.

General information as of October 2026, not legal advice. Take advice on your own facts and dates.

To discuss a matter in this area, write to our Chamber with a brief outline.

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