Supreme Court, High Court and NCLAT appeals

Supreme Court of India

Special leave petitions under Article 136 against judgments and orders of the High Courts and tribunals — civil and criminal — ordinarily within 90 days of the judgment (60 days where a certificate has been refused). Transfer petitions under Section 25 CPC and Section 446 BNSS (formerly 406 CrPC) to move a case from one State to another, common in matrimonial matters. Writ petitions under Article 32 for enforcement of fundamental rights. Appeals under Section 62 IBC from the NCLAT and statutory appeals under other Acts.

The Supreme Court Rules, 2013 require every matter to be filed by an Advocate-on-Record. The chambers prepares the petition, the synopsis and list of dates, the grounds and the annexures, works with an Advocate-on-Record for filing, and appears in the matter.

Delhi High Court

• Writ petitions under Article 226 — against the State and its instrumentalities: police inaction, illegal detention, service matters, licences and permissions, actions of municipal and regulatory bodies, and challenges to orders of tribunals where no appeal lies.
• Supervisory jurisdiction under Article 227 — over subordinate courts and tribunals, for jurisdictional errors and perverse findings.
• Regular first appeals (Section 96 CPC) from decrees of the district courts, and second appeals (Section 100 CPC) on substantial questions of law; appeals from orders under Order XLIII CPC (for example, injunction orders).
• Letters Patent / Division Bench appeals from orders of a Single Judge, and commercial appeals under Section 13 of the Commercial Courts Act.
• Arbitration appeals under Section 37 of the Arbitration and Conciliation Act.
• Family Court appeals under Section 19 of the Family Courts Act and matrimonial appeals under Section 28 HMA.

Tribunals

• NCLAT, New Delhi — appeals under Section 61 IBC (30 days, extendable by 15) and Section 421 of the Companies Act (45 days, extendable by 45).
• DRAT, Delhi — appeals under Section 18 SARFAESI Act (30 days, with pre-deposit) and Section 20 of the RDB Act.
• Appellate Tribunals under RERA, the Consumer Protection Act (State and National Commissions) and other statutes.

What an appeal involves

1. Certified copies and the record — applied for immediately; limitation runs from the date of the order, and the time taken to obtain the certified copy is excluded only if the application is made promptly.
2. Grounds — a disciplined identification of errors of law, perverse findings, procedural violations and unaddressed submissions; in an SLP, why the matter merits the Supreme Court’s intervention.
3. Interim relief — stay of the impugned order, stay of execution or recovery, status quo, or suspension of sentence.
4. The paper book — memorandum of appeal or petition, synopsis, list of dates, impugned order, pleadings and evidence below, and the applications for condonation of delay and exemption where needed.
5. Written submissions and the hearing.

Documents to keep ready

• The impugned judgment or order — certified copy, and the date of pronouncement
• The complete record of the court or tribunal below — pleadings, evidence, exhibits, written arguments, earlier orders
• Details of any execution, recovery or coercive steps already initiated
• Where delay has occurred, the documents explaining it

Frequently asked questions

What is the limitation period for an SLP?

Ninety days from the date of the High Court’s judgment, or sixty days where a certificate of fitness for appeal has been refused, with condonation of delay possible on sufficient cause. Time spent obtaining the certified copy is excluded if applied for promptly.

Does filing an appeal automatically stay the order?

No. A stay must be specifically sought and granted; in money decrees, appeals from DRT orders and NCLT orders, the appellate forum may require a deposit or security as a condition of stay.

Can a writ petition be filed if an appeal is available?

The High Court ordinarily declines to entertain a writ where an equally efficacious statutory remedy exists, but exercises jurisdiction where the order is without jurisdiction, violates natural justice or is ultra vires — the ground must be pleaded and made out.

What is a transfer petition and when is it filed?

A petition to the Supreme Court to transfer a case pending in one State to a court in another State, most often by a wife seeking transfer of a matrimonial case to the place where she resides; it is usually accompanied by an application to stay the proceedings below.

Can a second appeal be filed on a question of fact?

No. A second appeal under Section 100 CPC lies only on a substantial question of law, which must be framed in the memorandum of appeal; concurrent findings of fact are rarely disturbed.

This page is general information about the area of practice, not legal advice. Last reviewed: 2026-09-22