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⭐ Step-by-Step Process for MCA Petition Drafting

Written by

Financial Analyst

in

Step 1: Identify the Nature and Purpose of the Petition

Before drafting, determine the specific matter under the Companies Act, such as:

  • Oppression & Mismanagement (Sections 241–242)
  • Share transfer disputes
  • Revival of companies (Section 252)
  • Compounding of offences
  • Reduction of share capital
  • Rectification of Register of Members
  • Merger/Amalgamation (Section 230–232 petitions)
  • Insolvency-related petitions

Clear identification ensures that the petition is drafted under the correct legal provisions.

Step 2: Determine the Appropriate Authority (MCA / NCLT / NCLAT)

Petitions may need to be filed with:

  • NCLT (National Company Law Tribunal)
  • NCLAT (Appellate Tribunal)
  • Regional Director (RD)
  • Registrar of Companies (ROC)
  • Central Government via MCA Portal

The drafting style and supporting documents vary depending on the authority.

Step 3: Collect and Verify All Supporting Documents

Gather all relevant documents to support the petition:

  • Board resolutions
  • Shareholding records
  • Financial statements
  • Minutes of meetings
  • ROC master data
  • Correspondence/emails/notices
  • Agreements or contracts
  • Digital signatures (DSC) of authorized signatories

Documentation must be complete, correct, and legally admissible.

Step 4: Review the Legal Provisions & Applicable Rules

Study:

  • Companies Act, 2013
  • NCLT Rules, 2016
  • NCLAT Rules, 2016
  • MCA notifications and circulars
  • Case laws relevant to the petition

This ensures the petition is compliant and framed within the correct legal context.

Step 5: Draft the Petition in the Prescribed Format

A standard MCA petition includes:

1. Cause Title

Shows details of the tribunal/jurisdiction, parties, and petition number.

2. Synopsis

A crisp summary of the petition’s background and legal grounds.

3. List of Dates & Events

Chronological events relevant to the dispute or issue.

4. Main Petition

Includes:

  • Brief facts
  • Legal issues raised
  • Provisions invoked
  • Detailed grounds for relief
  • Evidence and supporting documents

5. Prayer Clause

Specify the relief sought, such as:

  • Rectification
  • Orders for revival
  • Injunction
  • Compensation
  • Settlement approval

6. Verification & Affidavit

Signed by the petitioner verifying that all statements are true.

Step 6: Prepare Annexures and Indexing

Each document must be:

  • Marked as Annexure A, B, C…
  • Numbered and arranged sequentially
  • Attached with the petition
  • Referenced correctly within the main body

This helps the tribunal or MCA authority easily cross-reference materials.

Step 7: Get Board Approval or Authorization

For company-related petitions, the petitioner must have:

  • A Board Resolution
  • Authorization to sign and submit the petition
  • DSC (Digital Signature Certificate)

Without proper authorization, the petition may be rejected.

Step 8: Review, Proofread & Legal Vetting

This is a critical step. Ensure:

  • No legal errors
  • Correct quoting of sections and rules
  • Proper formatting as per NCLT rules
  • No contradictions in statements
  • Clarity of facts and relief sought

A legally vetted draft strengthens the petition’s success.

Step 9: Filing the Petition on MCA/NCLT Portal

Depending on the type of petition, filing is done via:

  • MCA V3 portal
  • NCLT e-filing portal
  • Physical submission (where required)

Steps include:

  1. Uploading documents
  2. Paying statutory fees
  3. Generating SRN / filing number
  4. Downloading acknowledgment

Maintain these for future reference.

Step 10: Serve Copies to Respondents & Authorities

After filing:

  • Send copies to relevant parties (respondents)
  • File proof of service
  • Inform ROC or RD (if applicable)

This step is mandatory under tribunal rules.

Step 11: Participate in Hearings and Submit Additional Documents

Once the petition is admitted:

  • Attend hearings
  • File rejoinders or replies
  • Submit clarifications as required
  • Comply with tribunal orders
  • Track hearing dates on the NCLT portal

Proper follow-up is essential for resolution.

Conclusion

Drafting an MCA petition is a structured legal process requiring precision, statutory understanding, and documentation accuracy. By following a clear step-by-step method—from identifying the purpose to filing and attending hearings—companies and professionals can ensure compliance and a strong presentation before MCA or NCLT.

The information provided in this blog is for general informational and educational purposes only and should not be construed as legal, tax, or professional advice. While every effort has been made to ensure accuracy and compliance with the applicable provisions of the Companies Act, 2013 and related rules, laws and regulations may change over time and interpretations may vary based on specific facts and circumstances

All services are subject to applicable laws, rules, and government approvals prevailing at the time of execution.

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