How to Appeal Against an NCLT Order to the NCLAT (2026)
How to appeal an NCLT order to the NCLAT in 2026: the two different time limits for IBC and company law matters, the court fee, condonation of delay, the stay, and how to track the appeal.
How-To Guide · NCLT to NCLAT Appeal
If the National Company Law Tribunal (NCLT) passes an order against you, the appeal goes to the National Company Law Appellate Tribunal (NCLAT). The most important thing to get right is the time limit, because it is different for insolvency matters and for company law matters, and the NCLAT is strict about it. This guide explains both limitation rules, when the clock starts, the court fee, how to ask for more time if you are late, whether the order is stayed, and how to track the appeal. Last verified October 2026.
- Where: appeal an NCLT order to the NCLAT; a further appeal on a question of law lies to the Supreme Court.
- IBC matters: 30 days under Section 61, with up to 15 more days by condonation, counted from when the order is pronounced.
- Company law matters: 45 days under Section 421, with up to 45 more days by condonation.
- No automatic stay: an appeal does not stop the NCLT order; apply separately for a stay.
01Where an NCLT appeal goes
The NCLT decides company law matters under the Companies Act, 2013 and insolvency matters under the Insolvency and Bankruptcy Code, 2016 (IBC). An appeal from almost any NCLT order lies to the NCLAT. From the NCLAT, a further appeal, on a question of law, lies to the Supreme Court.
Before you draft anything, be clear which law your order was passed under, because that one point decides your time limit, and missing the limit is the commonest way appeals are thrown out. If you need the status of the underlying matter first, see how to check an NCLT case status.
02The two time limits you must know
There is no single limitation for an NCLAT appeal. It depends on the law:
| Type of order | Governing section | Time limit | Extra time the tribunal can allow |
|---|---|---|---|
| Insolvency (IBC) matter | Section 61, IBC, 2016 | 30 days | Up to 15 more days, for sufficient cause |
| Company law matter | Section 421, Companies Act, 2013 | 45 days | Up to 45 more days, for sufficient cause |
So an insolvency appeal has an outer limit of 45 days in all (30 plus 15), while a company law appeal has an outer limit of 90 days in all (45 plus 45). The NCLAT cannot go beyond these outer limits, so treat the first number as your real deadline.
03When the clock starts: a key difference
The two regimes also differ on when time begins to run, and this has tripped up many appellants.
IBC appeals: file fast
For an IBC appeal under Section 61, the Supreme Court has held that limitation generally runs from the date the NCLT order is pronounced, not from the date you download or receive the copy. Apply for the certified copy at once and do not wait, because the clock may already be running.
For a company law appeal under Section 421, the limitation is counted from the date on which a copy of the order is made available to the aggrieved person. In practice, the safe rule for both is the same: get the certified copy immediately and file well inside the first window.
04What to do if you are late
If you cannot file within the first window, you can ask the NCLAT to condone the delay, but only up to the extra period the law allows: 15 days for an IBC appeal and 45 days for a company law appeal. You file an application explaining the delay with a good reason, supported by an affidavit.
Two things to remember. First, the tribunal has no power to condone delay beyond the outer limit, so if you cross it, the appeal is simply barred. Second, a vague or unsupported explanation is often rejected, so give specific dates and reasons. The cautious course is never to rely on condonation at all, and to file inside the first window.
05Court fee and the memorandum of appeal
The appeal is filed as a memorandum of appeal that sets out the order challenged, the facts, and the grounds on which you say the NCLT was wrong. You attach a certified copy of the order appealed against and the documents you rely on, and you pay the prescribed fee.
The fee and the form follow the NCLAT Rules, so check the current fee and the number of copies the registry needs before you file. For a structure to build the document on, see the memorandum of appeal format. If your matter is an insolvency one, the stages of the insolvency process helps you place the order you are challenging.
06Does the appeal stay the NCLT order?
No. Filing an appeal does not, by itself, stop the NCLT order from operating. If you need the order held back while the appeal is decided, you must apply separately for a stay and persuade the NCLAT to grant it. This matters a lot in insolvency, where the process moves fast and steps can become hard to undo. So where the order has immediate effect, file the stay application along with the appeal and ask for urgent listing.
07How to track the appeal
An NCLAT appeal moves through filing, scrutiny, admission, the stay hearing, and final arguments, often on short dates. You can follow the matter on the NCLAT website by case number or party name, and keep track of the next date and any order. For the detailed procedure once the appeal is admitted, see the NCLAT appeal procedure. Because insolvency timelines are tight, missing a date can be costly.
08Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
An NCLT to NCLAT appeal lives and dies by dates: the strict limitation, the short condonation window, and fast insolvency hearings. Claw tracks cases, orders and hearing dates across 9,102 courts, benches and forums, including the NCLT and NCLAT, so a company or its counsel can follow an appeal by party name and set reminders for every deadline without scanning cause lists by hand. You can also search more than 30 crore judgments, with Supreme Court rulings from 1950 and High Court rulings from 1990, to see how the NCLAT and the Supreme Court have treated limitation under Section 61 and Section 421, condonation and stay, with results in under 5 seconds. Claw does not use your case documents to train its AI models.
Create a FREE Claw account to track your NCLT and NCLAT matters by party name and never miss a limitation date, and use case search across Indian courts to find appellate decisions on NCLT orders.
09Sources and further reading
- India Code (IBC, 2016 and Companies Act, 2013): indiacode.nic.in
- NCLAT (case status and rules): nclat.nic.in
- Claw: clawlaw.in
This guide is general information, not legal advice. Limitation and procedure are strict and can change, so confirm the current rules and take advice from an advocate before you file.
10Frequently asked questions
How do I appeal an NCLT order to the NCLAT?
File a memorandum of appeal before the NCLAT setting out the order challenged and your grounds, with a certified copy of the order and the prescribed fee. File within 30 days for an IBC matter under Section 61, or 45 days for a company law matter under Section 421. Apply separately for a stay if you need one.
What is the time limit to appeal to the NCLAT?
It depends on the law. For an insolvency matter under Section 61 of the IBC, it is 30 days, which the NCLAT can extend by up to 15 more days for sufficient cause. For a company law matter under Section 421 of the Companies Act, it is 45 days, extendable by up to 45 more days. The tribunal cannot go beyond these outer limits.
When does the limitation period start for an IBC appeal?
The Supreme Court has held that limitation for a Section 61 IBC appeal generally runs from the date the NCLT order is pronounced, not from when you receive the copy. So apply for the certified copy at once and file quickly, because the clock may already be running.
Can the NCLAT condone a delay in filing?
Only within limits. The NCLAT can condone a delay of up to 15 days for an IBC appeal and up to 45 days for a company law appeal, if you show sufficient cause with specific reasons. It has no power to condone delay beyond these outer limits, so a late appeal is simply barred.
Does filing an appeal stay the NCLT order?
No. An appeal does not automatically stay the NCLT order. If you need the order held back while the appeal is decided, you must apply separately for a stay and satisfy the NCLAT, which matters especially in fast-moving insolvency matters.
What goes to the Supreme Court after the NCLAT?
From an NCLAT order, a further appeal lies to the Supreme Court on a question of law, within the time limit set by the governing statute. It is not a general re-hearing of the facts.