Drafting, Pleadings and Appearances · Applications, Petitions and Appeals under Companies Act, 2013

How to Draft a Petition Before the NCLT

Updated 11 October 2026 · Fact-checked

An NCLT petition is a written plea that asks the Tribunal for relief under the Companies Act, 2013. You draft it in a fixed order: cause title, jurisdiction, facts in numbered paragraphs, grounds, prayer, verification, and supporting affidavit and annexures. Then you file it under the NCLT Rules, 2016, with the prescribed fee.

Understand Drafting of Petitions before the National Company Law Tribunal

The National Company Law Tribunal (NCLT) decides company matters that earlier went to the Company Law Board or the High Court. It works through written pleadings. A petition is your pleading. It must tell the Tribunal who you are, why it has power to hear you, what happened, and what order you want.

A petition is drafted like a plaint, but the language is tighter. Each fact sits in its own numbered paragraph. Each ground is a legal reason why the facts entitle you to relief. The prayer is the exact order you seek. The Tribunal cannot easily grant what you have not asked for, so the prayer needs care.

Petition and application. In NCLT practice, a petition starts a proceeding by invoking a section of the Act, for example one on oppression and mismanagement or on a scheme. An application is usually a request made inside a pending proceeding or under a specific section, such as for interim relief or directions. Both follow similar drafting discipline. Do not rely on a sharp statutory line between them. In the answer, name the section and the NCLT Rules form or procedure that apply, and follow that.

Every petition is supported by a verification and, where the Rules require, an affidavit. The verification states which paragraphs are true to your knowledge and which are true on information and belief. This makes the pleading a sworn statement, so wrong facts carry risk.

The NCLT's powers come from the Companies Act, 2013. The Act also sets up the National Financial Reporting Authority (NFRA) under section 132. NFRA can investigate professional misconduct of chartered accountants and impose penalties. An aggrieved person appeals against its penalty or debarment order to the Appellate Tribunal (NCLAT) under section 132(5). That is an appeal, not an NCLT petition. Keep the two routes apart in your answer.

Key rules to remember

Order of a petition: Heading and cause title → Jurisdiction and limitation → Facts (numbered) → Grounds → Prayer → Place and date → Signature → Verification → Affidavit and annexures; Use this order in every answer. Markers look for each part.
Cause title: BEFORE THE NATIONAL COMPANY LAW TRIBUNAL, [Bench name] | Company Petition No. ___ of 20__ | In the matter of section ___ of the Companies Act, 2013 | [Petitioner] … Petitioner v. [Respondent] … Respondent; Name the Bench, the section, and describe each party with address and capacity.
Verification wording: Paragraphs __ are true to my knowledge; paragraphs __ are true on information and belief, believed to be true. Verified at [place] on [date].; Divide paragraphs between knowledge and belief. Never leave this blank.
NFRA penalty on misconduct (section 132(4)(c)): Individuals: not less than ₹1,00,000, up to 5 times the fees received. Firms: not less than ₹5,00,000, up to 10 times the fees received. Debarment: minimum 6 months, up to 10 years.; Appeal lies to the Appellate Tribunal under section 132(5). Use this when a question mixes NFRA and NCLT.

How to solve Drafting of Petitions before the National Company Law Tribunal questions

Use this method for any question that asks you to draft a petition or application before the NCLT.

1Read the facts and identify the relief the client needs. Then name the section of the Companies Act, 2013 that gives it.
2Write the heading: the Bench, the petition number blank, the section, and the cause title with full party descriptions.
3State jurisdiction and limitation in short paragraphs: why this Bench (registered office) and why the petition is in time.
4Set out the facts in numbered paragraphs in date order. Use only the facts given. Do not add new facts.
5Write the grounds. Link each ground to a fact and to the section, in plain words.
6Draft the prayer in lettered clauses: the main relief, any interim relief, and a catch-all for other just orders.
7Close with place, date, signature of the petitioner or authorised representative, then the verification and affidavit.
8List annexures and mention the fee and e-filing in a closing note if the question asks about procedure.

Quickest way: Seven-block skeleton

When to use it: Use when you have little time and the question gives facts but few details.

Write the heading and cause title first. This secures easy marks.
Write J-F-G-P in short: Jurisdiction, Facts, Grounds, Prayer.
Keep facts to 5-8 numbered paragraphs.
Write each prayer clause as an order the Tribunal can pass.
Add place, date, signature and a two-line verification.
List annexures as Annexure A, B, C in one line.
Use placeholders such as [name] for details the question does not give.

Common mistakes in Drafting of Petitions before the National Company Law Tribunal

Leaving out or garbling the cause title
Students rush to the facts and treat the heading as a formality.
Fix: Write the Bench, the section, and both parties with their capacity first. It takes one minute and carries marks.
Mixing facts and arguments in the same paragraphs
Students want to persuade from the first line.
Fix: Keep facts neutral and dated. Put the legal reasoning only under Grounds.
A vague prayer such as 'grant justice'
Students do not decide what order they actually want.
Fix: List specific reliefs, such as an order under the named section, interim relief, costs, and 'such other order as the Tribunal deems fit'.
Skipping the verification or affidavit
Students think it is only a formality after the signature.
Fix: Always add it. Split paragraphs between knowledge and information and belief.
Adding invented facts, dates or amounts
Students try to make the draft look complete.
Fix: Use only the given facts. Use blanks or placeholders for missing details.
Treating an NFRA order as appealable to the NCLT
Students link all company disputes to the NCLT.
Fix: Under section 132(5), the appeal against an NFRA order under section 132(4)(c) goes to the Appellate Tribunal.

Worked examples

Example 1

Draft the main parts of a petition before the NCLT, Mumbai Bench, by Mr. Arjun Mehta, a shareholder of Sunrise Textiles Private Limited (registered office in Mumbai), alleging oppression by the majority directors, under section 241 of the Companies Act, 2013. Use placeholders for unknown details.

Show the solution

Heading: BEFORE THE NATIONAL COMPANY LAW TRIBUNAL, MUMBAI BENCH. Company Petition No. ___ of 20__. In the matter of section 241 of the Companies Act, 2013.
Cause title: Arjun Mehta, [address] … Petitioner, versus Sunrise Textiles Private Limited, [registered office], Mumbai … Respondent No. 1, and [names of directors] … Respondent Nos. 2 onwards.
Jurisdiction: the registered office of the company is in Mumbai, so this Bench has territorial jurisdiction. Add that the petition is made within the time allowed, with details.
Facts: 1. The petitioner holds [number] shares in the company. 2. Describe the acts complained of in date order, such as [exclusion from management or diversion of funds]. 3. State the notices sent and the replies. 4. State that no other proceeding is pending on the same matter.
Grounds: the acts are oppressive to the petitioner and prejudicial to the company's interest. Tie each act to the facts above.
Prayer: (a) declare the acts oppressive and set them aside; (b) restrain the respondents from [the act complained of] during the pendency of the petition; (c) pass such other order as the Tribunal deems fit; (d) award costs.
Close: Place, Date, signature of the petitioner. Verification: paragraphs __ true to knowledge; paragraphs __ true on information and belief. Add the supporting affidavit and list annexures.

Answer: The draft has a Mumbai Bench heading, full cause title, jurisdiction, numbered facts, grounds, a specific prayer, signature, verification, affidavit and annexures, all under section 241.

Example 2

A chartered accountant firm is penalised by the National Financial Reporting Authority for professional misconduct in auditing a company. The fees received were ₹4,00,000. State the maximum penalty, the minimum penalty, the possible debarment, and the forum for challenging the order.

Show the solution

Identify the section: NFRA's power to order penalty and debarment is in section 132(4)(c).
The accused is a firm, so the firm limits apply: not less than ₹5,00,000, and up to ten times the fees received.
Maximum: 10 × ₹4,00,000 = ₹40,00,000.
Minimum: ₹5,00,000. This is higher than the fees received, but the rule sets a fixed floor for firms.
Debarment: from being appointed as an auditor or internal auditor, or from performing valuation under section 247, for at least six months and up to ten years, as NFRA decides.
Forum: section 132(5) allows the aggrieved person to appeal to the Appellate Tribunal in the prescribed manner and on payment of the prescribed fee. It is not a fresh petition before the NCLT.

Answer: Penalty range for the firm: ₹5,00,000 minimum to ₹40,00,000 maximum. Debarment: six months to ten years. Challenge by appeal to the Appellate Tribunal under section 132(5).

Exam tips

Always start with the cause title and the section. Many drafting answers lose marks here.
Use numbered paragraphs for facts and lettered clauses for the prayer. Markers scan for this structure.
Use only the facts in the question. Show missing details as blanks or placeholders.
If the question asks for procedure, add a short note on filing, fee and e-filing under the NCLT Rules, 2016. Say 'as prescribed' rather than quoting a fee you are not sure of.
Do not mix up petition before the NCLT with an appeal to the Appellate Tribunal. State the forum clearly.

Practice questions from Applications, Petitions and Appeals under Companies Act, 2013

Drafting of Petitions before the National Company Law Tribunal: frequently asked questions

What is the difference between an application and a petition before the NCLT?

A petition normally starts a proceeding by invoking a section of the Companies Act, 2013, for a main relief. An application is usually made within a pending proceeding or for a specific direction. In drafting, name the section and follow the NCLT Rules procedure for that matter.

What goes into the cause title of an NCLT petition?

It has the name of the Tribunal and Bench, the petition number, the section under which you file, and the names, addresses and capacities of the petitioner and respondents. It must be accurate, since it identifies the case throughout.

Is verification compulsory in a petition?

Yes. You sign a verification stating which paragraphs are true to your knowledge and which are true on information and belief. An affidavit is filed in support as the Rules require.

Can I file an NCLT petition online?

The NCLT accepts e-filing through its portal along with the prescribed fee and documents. Check the current NCLT Rules and notices for the exact steps before filing. In an answer, state that the filing is by e-filing in the prescribed manner.