The NCLT order has my name and amount typed incorrectly. Should I appeal?

Answered by Advocate Sharan Jain··Corporate & Commercial Law

Legal Shorts · 63 words

A clear transcription or arithmetic mistake may fit section 420(2) rectification. Identify the exact error and the record proving the correction, and act promptly. The two-year rectification provision does not replace the appeal timetable or permit reopening merits, and its proviso matters if an appeal is already filed. Compare the operative order against the uncontested record to show that the error is apparent.

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If the error is apparent from the record, ask promptly about rectification under section 420(2) rather than assuming a full merits appeal is necessary. The provision allows the Tribunal to amend an order within two years to correct such a mistake. It does not authorise a fresh decision on a disputed issue merely because you describe the result as a typing error.

What makes the error apparent?

Compare the operative order with the uncontested record. A transposed account number, misspelled party name or arithmetic transcription may be different from disagreement about the amount the Tribunal deliberately awarded. Identify the exact page, line and source document establishing the correction.

Prepare a before-and-after statement: the wording in the order, the proposed wording and the record supporting it. If the correction requires deciding a contested fact or changing the substantive conclusion, the appropriate route needs separate analysis. Do not try to obtain a merits review through a clerical label.

Is there a deadline?

Section 420(2) uses two years from the date of the order for its rectification power. That is not a reason to wait where payment, registration or another act is blocked today. An appeal against the merits has a different and much shorter timetable.

If you may need both a correction and an appeal, obtain advice immediately on the sequence and limitation. Filing a correction request should not be assumed to stop the appeal clock. Keep the order date, copy-availability date and all filing dates in the same chronology.

What if an appeal is already filed?

The proviso bars amendment under this subsection in respect of an order against which an appeal has been preferred under the Act. Tell the adviser about the appeal before filing the correction application. Do not conceal it because the requested change seems minor.

The correct forum or request may therefore depend on the actual appellate position. Obtain the appeal papers and any interim orders. A contemplated appeal and an appeal already preferred are different procedural facts, but that distinction should be assessed accurately.

Which evidence should accompany the request?

Attach the order, the document establishing the correct name or figure and a short explanation of the mismatch. Where a calculation is involved, show each step and why it merely corrects an evident error rather than substitutes a new award. Identify whether the other party agrees.

Keep the request narrow. Adding new evidence, new claims or an attack on the reasoning may make a simple correction request look like an impermissible attempt to reopen the case. If there is a separate merits complaint, discuss its proper remedy instead of mixing the two.

What should I do after correction?

Obtain the formal corrected order and use it with the original order as directed. Send the appropriate version to the bank, Registrar or other person required to act, with a clear explanation. Do not edit the PDF yourself and circulate it as though it were a court-issued correction.

Check that the corrected record reaches every proceeding where the mistake mattered. An execution application relying on the old figure may need updating. The practical goal is an authoritative correction that the recipient can verify, not an informal email saying everyone knows what the Tribunal meant.

This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice on your specific situation.

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Sources

The law this answer relies on, so you can read it yourself.

  1. 1.Companies Act, 2013, official Gazette text: section 420(2). Read the source
  2. 2.National Company Law Tribunal Rules, 2016: Tribunal application procedure. Read the source

The short answer's sources were checked on 29 September 2026. Statutes and judgments can change, so check the current position before you act on anything here.

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SJ

Answered by

Advocate Sharan Jain

Advocate based in Bangalore, practising before the Karnataka High Court and District, Sessions, Consumer and Family courts. Answers public legal questions to make Indian law more accessible.

This answer is general information on Indian law as at October 1, 2026, published for public education. It is not legal advice, it does not take account of your facts, and reading it does not create an advocate-client relationship. Law changes and every case turns on its own circumstances. Please consult a qualified advocate about your own matter.

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