In a significant procedural reform aimed at ensuring greater discipline and uniformity in proceedings, the National Company Law Tribunal (NCLT) has directed that no advocate, legal practitioner, or authorised representative shall ordinarily be permitted to appear, make mentions, seek adjournments, or address the Bench unless a duly executed Vakalatnama or Memorandum of Appearance has been filed in the matter.
The directions have been issued through a circular dated June 5, 2026 by the NCLT Registry and will apply across all Benches of the Tribunal. The move seeks to address growing concerns regarding appearances by legal representatives without proper authorisation on record and to streamline procedural compliance under the National Company Law Tribunal Rules, 2016.
Background of the Circular
The Tribunal referred to Rules 2(3), 2(6), 2(16), 45, 119, 120 and 121 of the NCLT Rules, 2016, which govern representation of parties before the Tribunal.
Rule 45 permits parties to appear either personally or through authorised representatives who are duly empowered through a Vakalatnama or Memorandum of Appearance. Rule 119 further provides that no legal practitioner or authorised representative is entitled to appear or act in any proceeding unless such authorisation has been properly filed before the Tribunal.
The Tribunal noted that in several matters across different Benches, advocates and authorised representatives were making mentions, seeking adjournments, and even raising substantive legal objections without having filed any authority document on record. Such practices, according to the circular, were creating procedural irregularities and undermining the framework established under the NCLT Rules.
Supreme Court Judgment Relied Upon
The circular places reliance on the Supreme Court’s decision in Uday Shankar Triyar v. Ram Kalewar Prasad Singh & Anr. (AIR 2006 SC 269), where the Court emphasised the importance of scrutinising defects in Vakalatnamas at the earliest stage to avoid complications later in the proceedings.
According to the Tribunal, the Supreme Court had recognised the authority of courts and tribunals to insist upon proper authorisation before permitting representatives to act on behalf of litigating parties.
Key Directions Issued by NCLT
No Appearance Without Proper Authority
The most significant direction issued by the Tribunal is that legal practitioners and authorised representatives will ordinarily not be allowed to appear, seek adjournments, make mentions or address the Bench unless a duly executed Vakalatnama or Memorandum of Appearance in Form NCLT-12 has been filed in the concerned matter.
Limited Relaxation in Urgent Cases
The circular provides a narrow exception for urgent matters. In such cases, the Bench may, at its discretion, permit provisional appearance subject to the filing of the requisite Vakalatnama or Memorandum of Appearance within the time granted by the Tribunal.
Registry to Scrutinise Authorisation Documents
The Registry has been directed to undertake strict scrutiny of all Vakalatnamas and Memoranda of Appearance. The scrutiny will include verification of:
- Execution and signatures of the concerned parties;
- Acceptance and signatures of advocates or authorised representatives;
- Enrolment particulars, mobile numbers and email addresses of counsel;
- Proper authorisation in matters involving companies, LLPs, banks, financial institutions and government bodies; and
- Compliance with all procedural requirements under the Rules.Â
Defective Vakalatnamas May Be Rectified
Where defects such as incomplete execution, missing signatures, inadequate stamping or other deficiencies are identified, the Registry may permit rectification within a specified period, consistent with principles laid down by the Supreme Court.
Additional Requirements for Company Secretaries, Chartered Accountants and Cost Accountants
The circular also clarifies that when Company Secretaries, Chartered Accountants, Cost Accountants or other authorised representatives appear before the Tribunal, the Memorandum of Appearance must be accompanied by appropriate supporting authorisation such as board resolutions, letters of authority or other documentary evidence.
Rules for Advance-Service Appearances
A notable provision addresses situations where counsel seeks to appear based on advance service before formally filing a reply or Vakalatnama.
In such cases, a Memorandum of Appearance in Form NCLT-12 must be submitted before commencement of proceedings or within the period specified by the Bench. The memorandum must contain complete details of the representative, including enrolment number, contact details, item number, case number and cause title.
Change of Counsel to Require Compliance
The circular further regulates substitution of advocates and authorised representatives. Any change of legal representative must comply with Rules 120 and 121 of the NCLT Rules, 2016.
Where a No-Objection Certificate (NOC) from the previous counsel is required but cannot be obtained, the newly engaged representative must file an affidavit explaining the circumstances and confirming that reasonable efforts were made to secure the NOC.
CIS/E-Filing Records to Determine Official Representation
The NCLT has also linked representation records to its CIS and e-filing system. Upon filing a fresh Vakalatnama or Memorandum of Appearance, newly engaged counsel must ensure that their particulars are updated in the electronic system.
Until such updates are completed, official records, cause lists, notices, daily orders and judgments will continue to reflect the details already available in the Tribunal’s database. The Registry and Court Masters have also been instructed not to incorporate details of newly engaged representatives until the required formalities are completed.
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