Pleadings and Appearances before the NCLT, NCLAT and Other Tribunals — Practice

Question 1

Under which sections does the NCLT hear oppression and mismanagement petitions?

Accepted Answer

Sections 241-242 of the Companies Act.

Question 2

Within how many days must an appeal from an NCLT order to the NCLAT be filed?

Accepted Answer

45 days, under Section 421.

Question 3

Which form is used to verify an NCLT petition by affidavit?

Accepted Answer

Form NCLT-6.

Question 4

List four distinct categories of matters the NCLT has jurisdiction over.

Accepted Answer

Any four of: general company law matters (mergers, capital reduction, etc.), oppression and mismanagement (Sections 241-242), class actions (Section 245), compounding of offences, and its role as Adjudicating Authority under the IBC (CIRP and liquidation admissions).

Question 5

State the time limit and the specific ground on which a further appeal from the NCLAT to the Supreme Court can be made.

Accepted Answer

60 days from the NCLAT's order, under Section 423, and the appeal must be on a question of law.

Question 6

In how many copies must the main NCLT petition (Form NCLT-1) be filed, and what accompanies it?

Accepted Answer

In triplicate, accompanied by the prescribed annexure (Form NCLT-2) and verified by an affidavit in Form NCLT-6.

Question 7

A shareholder files an oppression and mismanagement petition alleging the majority diverted company funds through fraudulent transactions directly connected to the alleged oppressive conduct. Explain, with reference to the 2025 Supreme Court clarification, whether the NCLT can hear the fraud allegation as part of the same petition.

Accepted Answer

Yes — the 2025 Supreme Court clarification confirms the NCLT has jurisdiction to examine allegations of fraud, manipulation or coercion where they are tied to an oppression-and-mismanagement complaint under Sections 241-242. Since the fraudulent fund diversion is directly connected to the alleged oppressive conduct, the NCLT can properly hear the whole matter within the same petition, rather than requiring the petitioner to bring a separate civil suit for the fraud allegation alone.

Question 8

Explain the core drafting discipline expected of a company petition before the NCLT, and why a defective verification affidavit is a genuine risk independent of the petition's substantive strength.

Accepted Answer

A well-drafted petition needs a clear statement of facts, the specific statutory provision relied upon, precisely (not vaguely) stated relief, and properly annexed and verified supporting material. A defective or inconsistent verification affidavit is a genuine independent risk because it is a procedural requirement in its own right — an opposing party can raise a technical objection to the verification itself, which could delay or complicate the proceeding regardless of how strong the petition's underlying substantive allegations actually are.

Practice — Pleadings and Appearances before the NCLT, NCLAT and Other Tribunals

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