Appeal from orders of Tribunal
Section 421 of the Companies Act, 2013 deals with appeal from orders of Tribunal. Any person aggrieved by an order of the Tribunal may prefer an appeal to the Appellate Tribunal. The Act came into force on 01 Apr 2014.
(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.
Section 421, The Companies Act, 2013 (Act 18 of 2013).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Sagufa Ahmed vs Upper Assam Plywood Products Pvt. LTD
Court's Decision & Legal Precedent
The period of limitation prescribed under Section 421(3) of the Companies Act, 2013 for filing an appeal to the NCLAT starts from the date on which a copy of the NCLT order is made available to the person aggrieved. The Supreme Court's order dated 23.03.2020 extending the period of limitation due to COVID-19 applies only to the 'prescribed period' (the period of limitation) and not to the discretionary period for condonation of delay provided in the proviso to Section 421(3). The discretionary period for condonation of delay is limited to 45 days and cannot be extended by the COVID-19 extension order. The law of limitation is based on the principle of vigilance, and litigants who fail to file proceedings within the prescribed period and the discretionary condonation period cannot claim the benefit of the COVID-19 extension order.
On this section: Provides the remedy of appeal to the Appellate Tribunal against an order of NCLT
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… While harmoniously approaching and reading the Code and the provisions of the Companies Act, 2013 , primacy of Code was said to be established being the intent of the legislature. This Court did not allow the litigants to await the receipt of certified copies as it would upset the time bound framework of IBC if Section 421 of the Companies Act, 2013 is allowed to operate. The limitation thus, starts from the date of pronouncement of the Order and not from the date the Order is made available to the parties. 18. It can, thus, be concluded that the litigant has to file its appeal under Section 61(2) within 30 days which can be …
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… copy.– The Registry shall send a certified copy of final order passed to the parties concerned free of cost and the certified copies may be made available with cost as per Schedule of fees, in all other cases." 14 In Sagufa Ahmed (supra) a three judge Bench of this Court dealt with the interpretation of Section 421(3) of the Companies Act and whether limitation would start running once a free certified copy is made available to the party, sans an application from the aggrieved party. It held, in the context of a winding up petition under the Companies Act, that the aggrieved party could wait till it received its free copy …
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… The Company need to pay employees' salaries and wages. The Company is also required to pay advance amounts to tea estates. Therefore, abrupt stopping the banking operations would ruin the Company. Ext.P4 order of the NCLT, Kochi Bench is being challenged before the appellate authority under Section 421 of the Companies Act. 6. I have heard Sri. C Rajendran, counsel appearing for the petitioners, and Sri. Santhosh Mathew, counsel appearing for respondents 3 and 4. I have also heard Sri. Aneesh K.M., the Standing Counsel for respondents 1 and 2. 7. From the pleadings and arguments in the writ petition, it is …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 421
What have the courts held on Section 421 of the Companies Act?
Sagufa Ahmed vs Upper Assam Plywood Products Pvt. LTD (18 Sep 2020) is the leading judgment on this section among those set out below: Provides the remedy of appeal to the Appellate Tribunal against an order of NCLT.
How do I find court cases under Section 421 of the Companies Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Companies Act 421, section 421 Companies Act, section 421 of the Companies Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Sagufa Ahmed vs Upper Assam Plywood Products Pvt. LTD (18 Sep 2020).
What should I read with Section 421 of the Companies Act, and has it changed?
One instrument names it without being made under it, most recently National Company Law Appellate Tribunal Rules, 2016 (2016).
When did Section 421 of the Companies Act come into force?
Section 421 of the Companies Act, cited as Companies Act 421, came into force on 01 Apr 2014, having been enacted on 29 Aug 2013. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions5089 words
- 143. Powers and duties of auditors and auditing standards1867 words
- 230. Power to compromise or make arrangements with creditors and members1432 words
- 232. Merger and amalgamation of companies1416 words
- 149. Company to have Board of Directors1403 words
- 217. Procedure, powers, etc., of inspectors1390 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.