Chapter XXVII - National Company Law Tribunal and Appellate Tribunal
Section 421
Section 421: appeal from orders of Tribunal
Section 421 provides the appeal from the National Company Law Tribunal to the Appellate Tribunal (NCLAT). Any person aggrieved by an order may appeal within forty-five days from the date a copy of the order is made available. The Appellate Tribunal may allow a further period of up to forty-five days for sufficient cause.
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This article is for general information. Refer to the Companies Act, 2013 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) Any person aggrieved by an order of the Tribunal may prefer an appeal to the Appellate Tribunal. (2) No appeal shall lie to the Appellate Tribunal from an order made by the Tribunal with the consent of parties. (3) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order of the Tribunal is made available to the person aggrieved and shall be in such form, and accompanied by such fees, as may be prescribed: Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days from the date aforesaid, but within a further period not exceeding forty-five days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within that period. (4) On the receipt of an appeal under sub-section (1), the Appellate Tribunal shall, after giving the parties to the appeal a reasonable opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. (5) The Appellate Tribunal shall send a copy of every order made by it to the Tribunal and the parties to appeal.
Introduction
No appeal lies from an order made with the consent of parties. The Appellate Tribunal hears the parties and may confirm, modify or set aside the order.
Section 421 commenced on 1 June 2016 under S.O. 1934(E). The India Code consolidated text shows no amendment, and the text matches the 2013 Gazette.
Key takeaways
Any person aggrieved
The right of appeal is not limited to parties; any person aggrieved by the order may appeal.
Forty-five days plus forty-five
The time runs from when a copy of the order is made available. The Appellate Tribunal may allow up to forty-five more days for sufficient cause, and no further.
No appeal from consent orders
An order made with the consent of parties is not appealable.
Right of appeal
Sub-section (1) allows any person aggrieved by an order of the Tribunal to prefer an appeal to the Appellate Tribunal. Sub-section (2) excludes orders made with the consent of parties.
Limitation
The appeal must be filed within forty-five days from the date on which a copy of the order is made available to the person aggrieved, in the prescribed form and with the prescribed fees. The Appellate Tribunal may entertain a later appeal if filed within a further period not exceeding forty-five days and it is satisfied that sufficient cause prevented filing in time. The proviso gives no power to admit an appeal beyond that further period.
Hearing and orders
After giving the parties a reasonable opportunity of being heard, the Appellate Tribunal may confirm, modify or set aside the order appealed against. It must send a copy of every order to the Tribunal and the parties to the appeal.
Practical preparation
Record the date the copy of the order was made available; calculate the forty-five-day period at once; if late, file within the further forty-five days with a clear explanation of sufficient cause; check whether the order was made by consent; use the prescribed form and fees.
Practical checklist
Do
- Apply for and track the copy of the order immediately after it is pronounced.
- Support any delay with specific facts showing sufficient cause.
Avoid
- Do not wait for the end of the forty-five days to start drafting.
- Do not appeal against an order you consented to.
Illustrative example
Hypothetical: a late appeal
A company receives a copy of an adverse order. Its director is hospitalised, and the appeal is filed on the fifty-fifth day.
Limitation
The appeal is outside the first forty-five days but within the further forty-five.
Cause
The company files a condonation application with medical records showing why it could not file in time.
Decision
If satisfied that sufficient cause is shown, the Appellate Tribunal may entertain the appeal.
Outcome
- Filed after ninety days in total, the appeal could not have been entertained under the proviso.
Glossary
- Appellate Tribunal
- The National Company Law Appellate Tribunal constituted under section 410.
- Sufficient cause
- A reason that satisfies the Appellate Tribunal that the appellant was prevented from filing within the first forty-five days.
Frequently asked questions
What is the time limit to appeal against an NCLT order?
Forty-five days from the date a copy of the order is made available to the person aggrieved. A further period not exceeding forty-five days may be allowed for sufficient cause.
Can a non-party appeal?
The section allows any person aggrieved by the order to appeal; whether a person is aggrieved depends on how the order affects them.
Is a consent order appealable?
No. Sub-section (2) bars an appeal from an order made with the consent of parties.
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Contact BizeneedLast updated 11 October 2026