Tribunals

Memorandum of Appeal to NCLAT under Section 421 Companies Act or Section 61 IBC

A Memorandum of Appeal is the initiating document to challenge an order passed by the National Company Law Tribunal (NCLT) before the appellate forum. It sets out the factual background, the legal grounds for the challenge, and the specific relief sought from the National Company Law Appellate Tribunal (NCLAT).

This document is filed before the NCLAT in the prescribed Form NCLAT-1 under Rule 22 of the NCLAT Rules, 2016. The statutory basis for the appeal is either Section 421 of the Companies Act, 2013 for orders under that Act, or Section 61 of the Insolvency and Bankruptcy Code, 2016 for orders passed in insolvency or liquidation proceedings.

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Governing law
Section 421, Companies Act 2013 / Section 61, Insolvency and Bankruptcy Code 2016; Form NCLAT-1; NCLAT Rules 2016 Rule 22
Sections
s. Section 421, Companies Act 2013s. Section 61, Insolvency and Bankruptcy Code 2016s. Form NCLAT-1, NCLAT Rules 2016s. Rule 22, NCLAT Rules 2016
Filed before
National Company Law Appellate Tribunal (NCLAT)

When this is the right filing

  • When an order of the NCLT passed under the Companies Act, 2013 is adverse to your client and requires appellate review.
  • When an order of the NCLT acting as the Adjudicating Authority in a CIRP, liquidation, or voluntary liquidation proceeding under the IBC is challenged.
  • When the appellant is a company, shareholder, creditor, resolution applicant, or any person aggrieved by the NCLT's order.
  • When the appeal is filed within the statutory limitation period computed from the date of receipt of the certified copy of the impugned order.
  • Do not use this form for an appeal against an order of the Competition Commission of India or other authorities where the NCLAT exercises different appellate jurisdiction; the prescribed form and procedure may differ.

What the court looks for

  • Clear identification of the impugned order by date, case number, and the NCLT bench that passed it.
  • A concise but complete statement of the facts of the case leading up to the passing of the order.
  • Specific, numbered grounds of appeal that demonstrate how the NCLT order is legally erroneous or perverse.
  • A precise articulation of the interim relief or final reliefs sought from the NCLAT.
  • A verifying affidavit sworn by the appellant or an authorized representative, affirming the truth of the contents of the appeal.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Particulars of the appeal (form nclat-1)
  2. 2Particulars of the parties
  3. 3Facts of the case
  4. 4Grounds of appeal
  5. 5Interim relief
  6. 6Relief(s) sought
  7. 7Verifying affidavit
How it opens
1. That I am the appellant in the above matter and am duly authorised and competent to swear this affidavit, being fully conversant with the facts and circumstances of the case.

Bracketed items are filled from your case.

Frequently asked questions

What is the difference between filing an appeal under Section 421 of the Companies Act and Section 61 of the IBC?

The statutory basis depends on the nature of the NCLT order being challenged. An appeal under Section 421 of the Companies Act, 2013 targets orders made in company law matters, while an appeal under Section 61 of the IBC, 2016 targets orders made by the NCLT in its capacity as the Adjudicating Authority for corporate insolvency and liquidation proceedings. The prescribed form, Form NCLAT-1, is the same, but the governing provision cited in the appeal will differ.

Is it mandatory to file the appeal in Form NCLAT-1?

Yes. Rule 22 of the NCLAT Rules, 2016 mandates that every appeal to the NCLAT against an order of the NCLT shall be filed in the prescribed Form NCLAT-1. The form requires specific particulars of the appeal, the parties, and the relief sought, and it must be accompanied by a verifying affidavit.

What must be included in the verifying affidavit attached to the memorandum of appeal?

The verifying affidavit must be sworn by the appellant or a person duly authorized on their behalf. It should solemnly affirm the truth and correctness of the facts stated in the memorandum of appeal, the grounds raised, and the documents annexed, declaring that no material fact has been concealed.

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