In short. Appeals against NCLT orders under the IBC lie to the NCLAT within 30 days under section 61, with a maximum further 15 days if sufficient cause is shown. Time runs from pronouncement, not from receipt of the order. Companies Act orders are appealed under section 421 within 45 days of the copy being made available, extendable by 45 days.
This post is for anyone who has just lost before the NCLT, or who has been hurt by an NCLT order passed in a case they were not even part of: a promoter whose company has been admitted into insolvency, a creditor whose petition was dismissed, a bidder whose resolution plan was rejected, a shareholder who lost an oppression case. The first question in every such case is not whether the order is wrong. It is how many days are left.
The Supreme Court has repeatedly refused to stretch the IBC's appeal limits, so a strong appeal filed late is worth nothing. For the wider picture of how insolvency cases run before the tribunals, see our insolvency lawyer in Delhi page. This post covers only the appeal: the time limits, how they are counted, who can appeal, and the steps to file.
- Forum
- NCLAT, Principal Bench New Delhi; Chennai bench for southern NCLT benches
- IBC appeals
- 30 days, plus up to 15 days for sufficient cause (s.61(2))
- Companies Act appeals
- 45 days from copy, plus up to 45 days (s.421(3))
- Clock starts (IBC)
- Date of pronouncement, or upload date if not pronounced in court
- Key document
- Certified copy of the NCLT order (NCLAT Rules 2016, rule 22)
- Next appeal
- Supreme Court on a question of law: 45 plus 15 days (IBC s.62)
Which NCLT orders can be appealed to the NCLAT?
Almost any order of the NCLT can be appealed to the NCLAT. Under the IBC, section 61(1) allows any person aggrieved by an order of the adjudicating authority in a corporate insolvency or liquidation matter to appeal. That covers orders admitting or rejecting a section 7, 9 or 10 application, orders on claims and on interim applications, orders approving or rejecting a resolution plan, liquidation orders, and orders on avoidance applications. Interim orders are covered too.
Under the Companies Act, section 421 allows an appeal against any order of the NCLT except one made with the consent of the parties. This takes in oppression and mismanagement orders, restoration of struck-off companies, schemes of arrangement and mergers, rectification of the register of members, and refusals to register share transfers. The NCLAT also hears appeals against orders of the Competition Commission of India under the Competition Act and against orders of the National Financial Reporting Authority.
The NCLAT's Principal Bench sits in New Delhi and hears appeals from NCLT benches across most of the country, including New Delhi, Allahabad, Chandigarh, Mumbai and Kolkata. Appeals from the southern NCLT benches, such as Chennai, Bengaluru, Hyderabad and Kochi, go to the NCLAT bench at Chennai. Filing is electronic, through the NCLAT's e-filing portal.
NCLAT and Supreme Court time limits at a glance
The limits differ by statute, and so does the date from which they run. Check which law the NCLT order was passed under before counting.
| Appeal | Time limit | Extension | Clock starts |
|---|---|---|---|
| NCLT order under the IBC to NCLAT (s.61) | 30 days | Up to 15 days, for sufficient cause; no further extension | Date of pronouncement, or upload if not pronounced in court |
| NCLT order under the Companies Act to NCLAT (s.421) | 45 days | Up to 45 days, for sufficient cause | Date a copy of the order is made available |
| CCI order to NCLAT (Competition Act s.53B) | 60 days | Further time if sufficient cause is shown | Date a copy of the order is received |
| NCLAT order under the IBC to Supreme Court (s.62) | 45 days | Up to 15 days | Date of receipt of the NCLAT order |
| NCLAT order under the Companies Act to Supreme Court (s.423) | 60 days | Up to 60 days | Date of receipt of the NCLAT order |
The Supreme Court appeal in both cases lies only on a question of law. It is a statutory appeal, separate from a special leave petition under Article 136, though the Supreme Court sometimes treats the two alike in practice.
When does the 30-day limit under section 61 start?
It starts from the date the order is pronounced, not the date you receive a copy. The Supreme Court settled this in V. Nagarajan v SKS Ispat and Power Ltd (2021): where the NCLT pronounces its order in open court, a party who is present or represented is expected to know of it that day, and the 30 days begin to run. Waiting for the order to be uploaded or posted to you does not stop the clock.
The position is different where the NCLT does not actually pronounce the order on the date it bears. In Sanjay Pandurang Kalate v Vistra ITCL (India) Ltd (2023), the order carried the date of the last hearing but was uploaded nearly two weeks later. The Supreme Court held that limitation ran from the upload date, because the party had no way of knowing the order before that. The date printed on an order is therefore not always the date that counts.
In A. Rajendra v Gonugunta Madhusudhan Rao (2025), the Supreme Court restated both rules strictly. It held that the time taken to obtain a certified copy can be excluded under section 12 of the Limitation Act only if the appellant actually applied for one, and that an appellant who never applied cannot rely on the time the copy would have taken. The appeal in that case, filed ten days beyond the 30 days without any application for condonation, was dismissed.
When Advocate B.K. Singh is handed an NCLT order to appeal, the first thing he checks is not the reasoning but the cause list and order sheet for the date of pronouncement: whether the matter was listed for pronouncement, whether the order was read out in court, and when it appeared on the NCLT website. That one fact fixes the deadline, and everything else is planned backwards from it.
Can the NCLAT condone delay beyond 15 days?
No. The proviso to section 61(2) lets the NCLAT allow an appeal filed after 30 days only if it is filed within a further 15 days and the appellant shows sufficient cause. Beyond 45 days in total, the NCLAT has no power to condone delay, and section 5 of the Limitation Act cannot be used to get around the cap. The Supreme Court has said this in several judgments, and the NCLAT routinely dismisses appeals filed even a day after the 45th day.
Within the 15-day window, sufficient cause still has to be shown in a condonation application with an affidavit. Genuine reasons such as illness, a lawyer's change, or confusion about the date of upload can succeed. A bare statement that the appellant was busy, or that the company's records were with someone else, usually does not. The application should explain each day of the delay, not just state a number.
Under the Companies Act the structure is similar but more generous: 45 days from the date a copy of the order is made available, with a further 45 days for sufficient cause, and no power to go beyond 90 days in total. Because the Companies Act counts from availability of the copy, the date the certified copy was ready becomes important evidence.
The provisions that govern NCLAT appeals
Section 61(1) and (2), IBC
Any person aggrieved by an order of the NCLT under Part II of the Code may appeal to the NCLAT within 30 days. The NCLAT may allow an appeal after 30 days if it is satisfied there was sufficient cause, but only within a further 15 days.
Section 61(3) and (4), IBC
An appeal against an order approving a resolution plan can be filed only on the grounds listed in section 61(3), such as contravention of law, material irregularity by the resolution professional, or failure to provide for operational creditors or insolvency costs as required. An appeal against a liquidation order lies on grounds of material irregularity or fraud relating to the order.
Section 61(6), IBC (2026 amendment)
Inserted by the IBC (Amendment) Act 2026, it directs the NCLAT to dispose of an appeal within three months of receiving it. This is a direction to the tribunal; it does not shorten the time for filing.
Section 421, Companies Act
Any person aggrieved by an NCLT order, other than a consent order, may appeal within 45 days from the date a copy is made available, with a further 45 days for sufficient cause.
Rule 22, NCLAT Rules 2016
An appeal is presented in Form NCLAT-1 and must be accompanied by a certified copy of the impugned order. The NCLAT can exempt an appellant from filing a certified copy, but exemption is discretionary, not a right.
Who can appeal: the meaning of person aggrieved
You do not have to have been a party before the NCLT to appeal, but you do have to be aggrieved. A person aggrieved is someone whose legal rights are affected by the order, not someone who is merely unhappy with it. A suspended director or shareholder of a company admitted into insolvency can appeal the admission order. A creditor whose claim was rejected, a homebuyer affected by a resolution plan, a bidder whose plan was set aside, or a third party whose property was treated as the company's asset can all be persons aggrieved.
The NCLAT does turn away appeals from people with only an indirect interest: a shareholder of a creditor, a competitor of the resolution applicant, or a person who wants to reopen a settled CIRP for reasons unconnected with his own rights. If you were not a party below, the appeal memo must explain clearly how the order affects you, and you may need to seek leave to file.
Appeals against a resolution plan face a further limit. The commercial decisions of the Committee of Creditors, such as which plan to approve and how to distribute money, are generally not open to challenge, as the Supreme Court held in K. Sashidhar v Indian Overseas Bank (2019) and in the Essar Steel judgment the same year. An appeal has to fit within the grounds in section 61(3).
How to file an appeal before the NCLAT
The steps below apply to appeals at the Principal Bench in New Delhi and broadly to the Chennai bench too. Most of them can and should happen within the first week after the order.
Apply for a certified copy at once
Apply to the NCLT registry for a certified copy on the day of pronouncement or the next working day. This is what lets you exclude the time taken to prepare the copy, and rule 22 requires the copy to be filed with the appeal.
Fix the deadline in writing
Work out the date of pronouncement or upload, the 30-day or 45-day date, and the outer limit. Write these on the file. If you are already inside the extension period, plan for a condonation application from the start.
Draft the memorandum of appeal
The appeal is drafted in Form NCLAT-1 with a synopsis and list of dates, the facts, the grounds of appeal set out separately, and the reliefs. Grounds should attack specific findings of the NCLT, with page references to the record.
Prepare interim and condonation applications
If you need the order stayed or the process frozen, file an interim application with the appeal. If the appeal is filed after 30 days under the IBC, add a condonation application with an affidavit explaining each day of delay.
Compile and e-file the paper book
Attach the certified copy of the impugned order, the petition and replies before the NCLT, the key documents, and the vakalatnama. File electronically on the NCLAT portal with the prescribed fee and serve advance copies on the respondents.
Cure defects quickly
The registry checks the filing and lists defects. Cure and refile within the time given. Long delay in refiling can itself raise a limitation question.
Admission hearing
The appeal is listed before the bench, which hears the appellant on admission and on interim relief. If it is admitted, notice is issued and the respondents get time to reply.
Pleadings, hearing and judgment
Replies and rejoinders are filed, the appeal is argued, and judgment is delivered. Check the pronouncement date again, because the time for a Supreme Court appeal starts from the NCLAT's order.
What goes into the appeal paper book
Core documents
- Certified copy of the impugned NCLT order
- Copy of the NCLT order sheet showing the date of pronouncement
- Proof of the date of upload, if relevant
- Copy of the application for the certified copy and the date it was supplied
The record below
- The petition or application filed before the NCLT, with annexures
- Replies, rejoinders and written submissions of all parties
- Relevant interim orders passed by the NCLT
- Key documents relied on in the grounds, such as the demand notice, default record or CoC minutes
Appeal papers
- Memorandum of appeal in Form NCLAT-1, with synopsis and list of dates
- Interim application for stay, if needed
- Condonation application with affidavit, if filed after 30 days
- Vakalatnama, board resolution authorising the appeal, and proof of service on respondents
Can the NCLAT stay the NCLT order?
Yes, the NCLAT can pass interim orders, but in insolvency appeals it is cautious about stopping a CIRP altogether. Where an appeal against an admission order is filed, the NCLAT more often allows the CIRP to continue while directing the interim resolution professional not to constitute the Committee of Creditors, or not to take a particular step, until the next date. This keeps the case alive without letting the company's affairs drift.
A stay is easier to get where the order would cause damage that cannot be undone: a liquidation order that would lead to sale of assets, the approval of a plan that would extinguish the appellant's claim, or an order handing over property claimed by a third party. Where the appellant is a promoter who has offered to settle with the creditor, the NCLAT may give time to record a settlement. Our post on settling an IBC case through section 12A explains how settlement and withdrawal work after the 2026 amendment.
In Companies Act appeals, the NCLAT is generally more willing to preserve the position, for example by directing status quo on shareholding in an oppression appeal. There is no statutory pre-deposit for IBC or Companies Act appeals. In Competition Act appeals against penalties, the NCLAT usually asks for part of the penalty to be deposited as a condition of any stay.
A made-up example: two appellants, one deadline
Here's a made-up example. An operational creditor, a steel trader in Bawana, files a section 9 petition against a buyer company before the NCLT New Delhi. On 10 March the bench pronounces its order in open court, dismissing the petition on the ground of a pre-existing dispute. The creditor's counsel is present. The order is uploaded on 18 March.
Because the order was pronounced in court with the creditor represented, the 30 days start from 10 March. Excluding the day of pronouncement, the 30th day is 9 April. The creditor's advocates apply for a certified copy on 12 March and receive it on 20 March, so the nine days taken to prepare it are excluded under section 12 of the Limitation Act. That pushes the last date to about 18 April. They file the appeal on 14 April, within time.
Now change one fact. The creditor's managing director thinks time runs from the upload date, never applies for a certified copy, and files on 2 May. Counting from 10 March, with no exclusion, the 30 days ended on 9 April and the outer 15 days on 24 April. The appeal is beyond 45 days, and the NCLAT has no power to admit it, however strong the case on the merits. This is an illustration only; in a real case the exact dates in the order sheet and the copy application decide the count.
Common appeals: admission, dismissal, claims and plans
The appeal most often filed in insolvency cases is against an order admitting a company into CIRP. A suspended director usually argues that there was no debt, no default, a pre-existing dispute in a section 9 case, or that the petition was time-barred. Our posts on the section 7 petition by a financial creditor and the section 9 operational creditor petition explain what the NCLT is supposed to examine at admission, which is what the NCLAT checks on appeal. The 2026 amendment moves admission further towards a narrow test of debt and default, so check which version of the provisions applies to your case before building an appeal on the merits of the debt.
The reverse appeal, by a creditor whose petition was dismissed, often turns on whether the NCLT was right to find a dispute or to treat the debt as time-barred. Appeals on claims, by creditors whose claims were rejected or admitted at a lower amount, depend heavily on the documents filed with the resolution professional. Appeals against approval of a resolution plan are the hardest, because of the limited grounds in section 61(3) and the protection of the CoC's commercial decisions.
Liquidation orders can be appealed under section 61(4) on grounds of material irregularity or fraud. If your company has been ordered into liquidation, our post on liquidation under the IBC explains what happens next, and why acting within the appeal window is often the last real chance to change the outcome.
Appeals under the Companies Act: oppression, restoration and schemes
Companies Act appeals follow section 421, and the key difference is the starting point: 45 days from the date a copy of the order is made available to the person aggrieved, not from pronouncement. In practice that means the date the certified copy is ready or the free copy is supplied by the registry. A party who never applies for a copy should not assume the clock is frozen; the NCLAT will look at when the order was available on the website and when the party knew of it.
Typical appeals include orders in oppression and mismanagement petitions, which our post on oppression and mismanagement petitions before the NCLT describes, orders refusing or allowing restoration of a struck-off company, which our post on restoration of a struck-off company covers, and orders sanctioning or rejecting schemes of merger or arrangement. Orders passed with the consent of the parties cannot be appealed under section 421(2).
On a further appeal, section 423 allows the Supreme Court to hear an appeal from the NCLAT on a question of law within 60 days of receiving the order, with up to 60 more days for sufficient cause.
How long does an NCLAT appeal take?
The admission hearing usually comes within a few weeks of filing, once defects are cured. Interim orders, if any, are passed then. Section 61(6), inserted by the 2026 amendment and in force from 26 May 2026, directs the NCLAT to dispose of IBC appeals within three months of receipt. It is too early to say how strictly that target will be met in contested appeals, and Companies Act appeals have no similar statutory target. Many appeals at the Principal Bench still take several months, and longer where there are many respondents or connected appeals.
Costs in general terms consist of the NCLAT filing fee, the cost of preparing and certifying the paper book, and advocates' professional fees, which depend on the number of hearings and applications. We discuss fees at the first meeting and agree them in writing, stage by stage. Court fees and other out-of-pocket costs are separate.
After the NCLAT: appeal to the Supreme Court
An NCLAT order under the IBC can be appealed to the Supreme Court under section 62 within 45 days of receiving it, with up to 15 more days for sufficient cause, on a question of law only. Under the Companies Act, section 423 gives 60 days plus up to 60. These appeals must be filed through an Advocate-on-Record, and they are listed for admission first. A finding of fact by the NCLAT, such as whether a dispute existed, is rarely disturbed unless it raises a legal error.
Because the Supreme Court route is narrow, the NCLAT appeal is usually the last full hearing on facts. That is one more reason to put everything into it: every ground, every document and every argument on limitation. Our post on special leave petitions in the Supreme Court explains how cases are listed and heard there, and our Supreme Court lawyer in Delhi page covers the practice in that court.
Mistakes that cost appellants their appeal
- Counting from the upload date when the order was pronounced in court. After V. Nagarajan, a party present at pronouncement cannot wait for the upload.
- Not applying for a certified copy. Without an application, there is no time to exclude, and rule 22 still requires the copy with the appeal.
- Filing on day 46. The 15-day extension under the IBC is the absolute limit. No application, however well drafted, can save an appeal beyond it.
- Vague condonation applications. Saying the delay was due to unavoidable circumstances, without dates and reasons, is often rejected even within the 15 days.
- Leaving defects uncured. Delay in refiling after the registry's objections can be treated as delay in filing.
- Attacking the CoC's commercial choices. An appeal against a resolution plan that argues only that the plan is too low usually fails.
- Forgetting the respondents. All parties affected by the order, including the resolution professional or liquidator, must be made respondents and served.
What to do this week if you have lost before the NCLT
- Find out the exact date of pronouncement from the order sheet and cause list, and the date of upload.
- Apply for a certified copy today if you have not already, and keep the receipt.
- Write down the 30-day (or 45-day) date and the outer limit, and share it with everyone involved.
- Collect the full NCLT record: petition, replies, written submissions, orders.
- Decide whether you need interim protection, such as a direction not to constitute the CoC or not to sell assets.
- Get the papers to an advocate well before the deadline, so the appeal is drafted properly rather than rushed.
How we approach NCLAT appeals
We start every appeal by fixing the deadline from the record, then read the NCLT order to find the one or two findings that, if reversed, change the result. Advocate Sadhna Singh usually collects the record and works out the dates with the client, so that the drafting time is spent on the grounds rather than on chasing documents. Our work before the tribunals is described on the NCLT lawyer in Delhi and bankruptcy and insolvency advice pages.
If you have an NCLT order and want to know how many days you have left and whether an appeal is worth filing, the team of Advocate B.K. Singh at B.K. Singh & Associates can read the order and the order sheet and tell you the deadline. Send the details through our online legal enquiry page.
Frequently asked questions
What is the limitation period for an appeal to the NCLAT under the IBC?
Thirty days from the date of the NCLT order under section 61(2). The NCLAT can allow a further period of up to 15 days if sufficient cause is shown. It cannot condone delay beyond 45 days in total.
Does the NCLAT appeal period start from the date I received the order?
No. Under the IBC, time runs from the date of pronouncement if the order was pronounced in open court, as held in V. Nagarajan (2021). If the order was not pronounced and was only uploaded later, time runs from the upload date.
Is a certified copy necessary to file an NCLAT appeal?
Rule 22 of the NCLAT Rules 2016 requires a certified copy of the impugned order with the appeal. The NCLAT can grant exemption, but it is discretionary. Applying for the copy promptly also lets you exclude the time taken to prepare it.
Can the NCLAT condone a delay of 20 days in an IBC appeal?
Only if the 20 days are counted beyond the first 30 and fall within the 15-day window, which they do not. A delay of 20 days after the 30-day limit exceeds the maximum 15 days, and the NCLAT has no power to condone it.
What is the time limit for an NCLAT appeal under the Companies Act?
Forty-five days from the date a copy of the NCLT order is made available, under section 421(3). The NCLAT may allow up to 45 more days if sufficient cause is shown.
Can a director appeal an order admitting the company into CIRP?
Yes. A suspended director or shareholder affected by the admission order is a person aggrieved and can appeal under section 61. The appeal must be filed within the same 30-day limit.
Is there a pre-deposit for an appeal to the NCLAT?
There is no statutory pre-deposit for appeals under the IBC or the Companies Act. In Competition Act appeals against penalties, the NCLAT commonly asks for part of the penalty to be deposited as a condition for a stay.
Can the NCLAT stop the CIRP while the appeal is pending?
It can, but it often prefers narrower orders, such as directing that the Committee of Creditors not be constituted until the next date. A full stay is more likely where the harm cannot be undone.
Can I appeal against a resolution plan approved by the NCLT?
Yes, but only on the limited grounds in section 61(3), such as contravention of law or material irregularity by the resolution professional. The commercial decisions of the Committee of Creditors are generally not open to challenge on appeal.
Which NCLAT bench hears appeals from the Delhi NCLT benches?
The Principal Bench is in New Delhi and hears appeals from most NCLT benches, including New Delhi, Allahabad and Chandigarh. The Chennai bench hears appeals from the southern NCLT benches.
Can I file an NCLAT appeal online?
Yes. Appeals are filed through the NCLAT's e-filing portal, with the paper book uploaded and the fee paid online. The registry then checks the filing for defects.
How long does the NCLAT take to decide an IBC appeal?
Since 26 May 2026, section 61(6) directs the NCLAT to decide IBC appeals within three months of receipt. Contested appeals have often taken longer in the past, and it is too early to say how closely the new target will be met.
Written and reviewed at B.K. Singh & Associates
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M., with more than twenty years of practice before the Supreme Court, the Delhi High Court, district courts and tribunals across Delhi NCR. This article explains the general law as of 24 October 2026; it is not legal advice on your facts.