TaxTMI 
TaxTMI 
TaxTMI 
National Company Law Tribunal Rules, 2016
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....pable of making an application including an interlocutory application or a petition or an appeal under the Act; (5) "application" means any application, interlocutory application or proceedings filed under the provisions of the Act. including any transferred application or transferred petition as defined under sub-rule (29) ; (6) "authorised representative" means a person authorised in writing by a party to present his case before the Tribunal as the representative of such party as provided under section 432 of the Act; (7) "Bench" means a Bench of the Tribunal constituted under section 419 of the Act and includes Circuit Benches constituted by the President with prior approval of the Central Government to sit at such other geographical locations as may be necessary having regard to requirements; (8) "Central Registry" means the registry in which all the applications or petitions and documents are received by the Registrar for allocation to the concerned Bench of the Tribunal for disposal; (9) "certified" means in relation to a copy of a document as hereunder;- (a) certified as provided in section 76 of the Indian Evidence Ac....
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....int in pursuance of which any proceeding is commenced before the Tribunal; (18) "person interested" means a shareholder, creditor, employee, transferee Company and other company concerned in relation to the term or Context referred to in the relevant provisions of the Act or any person aggrieved by any order or action of any company or its directors; (19) "pleadings" means and includes application including interlocutory application, petition, appeal, revision, reply, rejoinder, statement, counter claim, additional statement supplementing the original application and reply statement under these rules and as may be permitted by the Tribunal; (20) "reference" means a reference within the meaning of rule 88 of these rules; (21) "Registrar" means Registrar of the Tribunal and includes such other officer of the Tribunal or Bench to whom the powers and functions of the Registrar is delegated; (22) "Registry" means the Registry of the Tribunal or any of its Benches, as the Case may be, which keeps records of the applications and documents relating thereto; (23) "Reserve Bank" means the Reserve Bank of India and includes its....
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.... other officer specifically authorised in that behalf by the President, with the day, month and year Of signing and shall be sealed with the seal Of the Tribunal. 6. Official seal of the Tribunal.- The official seal and emblem of the Tribunal shall be such, as the Central Government may from time to time specify and shall be in the custody of the Registrar. 7. Custody of the records.- The Registrar shall have the custody of the records of the Tribunal and no record or document filed in any cause or matter shall be allowed to be taken out of the custody of the Tribunal without the leave of the Tribunal: Provided that the Registrar may allow any other officer of the Tribunal to remove any official paper or record for administrative purposes from the Tribunal. 8. Sitting of the Tribunal.- The Tribunal shall hold its sittings either at its headquarter or at such Other place falling within its territorial jurisdiction as it may consider convenient. 9. Sitting hours.- The sitting hours of the Tribunal shall ordinarily be from 10:30 AM to 1 PM and 2:00 P.M. to 4:30 PM, subject to any order made by the President. 10. Working hours.- (l) Except on Saturdays, Sundays and other National....
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.... over the administrative functions of the Members, Registrar, Secretary and other staff of the Tribunal. 17. Functions of the Registrar.- (1) The Registrar shall have the following functions, namely:- (a) registration of appeals, petitions and applications; (b) receive applications for amendment of appeal or the petition or application or subsequent proceedings. (c) receive applications for fresh summons or notices and regarding services thereof; (d) receive applications for fresh summons or notices and for short date summons and notices; (e) receive applications for substituted service of summons or notices; (f) receive applications for seeking orders concerning the admission and inspection of documents; (g) transmission of a direction or order to the civil court as directed by Tribunal with the prescribed certificates for execution etc., and (h) such other incidental or matters as the President may direct from time to time. (2) All adjournments shall normally be sought before the concerned Bench in court and in extraordinary circumstances, the Registrar may, if so directed by the Tribunal in chambers, at any time adjourn any matter and lay the same before the Tr....
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....y against which it is preferred. (3) Appeal or petition or application or counter or objections shall be divided into paragraphs and shall be numbered consecutively and each paragraph shall contain as nearly as may be, a separate fact or allegation or point. (4) Where Saka Or other dates are used, corresponding dates of Gregorian Calendar shall also be given. (5) Full name, parentage, age, description of each party and address and in case a party sues or being sued in a representative character, shall also be set out at the beginning of the appeal or petition or application and need not be repeated in the subsequent proceedings in the same appeal or petition or application. (6) The names of parties shall be numbered consecutively and a separate line should be allotted to the name and description of each party. (7) These numbers shall not be changed and in the event of the death of a party during the pendency of the appeal or petition or matter, his legal heirs or representative, as the case may be, if more than one shall be shown by sub-numbers. (8) Where fresh parties are brought in, they may be numbered consecutively in the particular category, in which they are brought in.....
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....e three authenticated copies of appeal or petition or application or counter or objections, as the case may be, and shall deliver one copy to each Of the opposite party. 25. Lodging of caveat.- (1) Any person may lodge a caveat in triplicate in any appeal or petition or application that may be instituted before this Tribunal by paying the prescribed fee after forwarding a copy by registered post or serving the same on the expected petitioner or appellant and the caveat shall be in the form prescribed and contain such details and particulars or orders or directions, details of authority against whose orders or directions the appeal or petition or application is being instituted by the expected appellant or petitioner or applicant which full address for service on other side, so that the appeal or petition or application could be served before the appeal or petition or interim application is taken up: Provided, that the Tribunal may pass interim orders in case of urgency. (2) The Caveat shall remain valid for a period of ninety days from the date of its filing. 26. Endorsement and Verification.- (1) At the foot Of every petition or appeal or pleading there shall appear the name a....
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.... time fixed for the same, the Registrar may, for reasons to be recorded in writing, decline to register the pleading or document. 29. Registration Of proceedings admitted.- On admission of appeal or petition or caveat or application, the same shall be numbered and registered in the appropriate register maintained in this behalf and its number shall be entered therein. 30. Calling for records.- On the admission of appeal or petition or application the Registrar shall, if so directed by the Tribunal, call for the records relating to the proceedings from any adjudicating authority and retransmit the same. 31. Production of authorisation for and on behalf of an association. - Where an appeal or application or petition or other proceeding purported to be instituted by or On behalf of an association, the person or persons who sign (s) or verify (ies) the same shall produce along with such application, for verification by the Registry, a true copy of the resolution of the association empowering such person(s) to do so: Provided that the Registrar may at any time call upon the party to produce such further materials as he deems fit for satisfying himself about due authorization; Provi....
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....rict. (2) Every such advertisement shall state;- (a) the date on which the application, petition or reference was presented; (b) the name and address of the applicant, petitioner and his authorised representative, if any, (c) the nature and substance of application, petition or reference; (d) the date fixed for hearing; (e) a statement to the effect that any person whose interest is likely to be affected by the proposed petition or who intends either to oppose or support the petition Or reference at the hearing shall send a notice of his intention to the concerned Bench and the petitioner or his authorised representative, if any, indicating the nature of interest and grounds of opposition so as to reach him not later than two days previous to the day fixed for hearing. (3) Where the advertisement is being given by the company, then the same may also be placed on the website of the company, if any. (4) An affidavit shall be filed to the Tribunal, not less than three days before the date fixed for hearing, stating whether the petition has been advertised in accordance with this rule and whether the notices, if any, have been duly served upon the persons required to be serv....
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....d by the Tribunal may be served by post or at the e-mail address as provided in the petition or application or in the reply; (2) The notice or process if to be served physically may be served in any one of the following modes as may be directed by the Tribunal; - (a) by hand delivery through a process server or respective authorised representative; (b) by registered post or speed post with acknowledgment due; or (c) service by the party himself. (3) Where a notice issued by the Tribunal is served by the party himself by hand delivery, he shall file with the Registrar or such other person duly authorised by the Registrar in this behalf, the acknowledgment together with an affidavit of service and in case of service by registered post or by speed post, file with the Registrar, or such Other person duly authorised by the Registrar in this behalf, an affidavit Of service of notice alongwith the proof of delivery, (4) Notwithstanding anything contained in sub-rules (1) and (2), the Tribunal may after taking into account the number of respondents and their place of residence or work or service could not be effected in any manner and other circumstances, direct that notice of the....
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.... or such evidence adduced either before the Bench or before such authority as the Bench may direct. (3) If the document is directed to be produced or witness examined or evidence adduced before any authority, the party shall comply with the direction of the Bench and after compliance, send the document, the record of the deposition of the witness or the record of the evidence adduced, to the Bench. (4) Additional evidence Or document shall be made available by the Bench to the parties to the proceedings other than the party adducing the evidence and they shall be afforded an opportunity to rebut the contents of the said additional evidence. 41. Filing of Reply and other Documents by the Respondents. - (1) Each respondent may file his reply to the petition or the application and copies of the documents, either in person or through an authorised representative, with the registry as specified by the Tribunal. (2) A copy of the reply Or the application and the copies of other documents shall be forthwith served on the applicant by the respondent. (3) To the reply or documents filed under sub-rule (1), the respondent shall specifically admit, deny or rebut the facts stated by the ....
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.... the applicant and if necessary, such other party arrayed as opposite parties in the petition or the application or Otherwise, may permit such withdrawal upon imposing such costs as it may deem fit and proper for the Tribunal in the interests of the justice. 45. Rights of a party to appear before the Tribunal.- (1) Every party may appear before a Tribunal in person or through an authorised representative, duly authorised in writing in this behalf. (2) The authorised representative shall make an appearance through the filing of Vakalatnama or Memorandum of Appearance in Form No. NCLT. 12 representing the respective parties to the proceedings. (3) The Central Government, the Regional Director or the Registrar Of Companies or Official Liquidator may authorise an officer Or an Advocate to represent in the proceedings before the Tribunal. (4) The officer authorised by the Central Government Or the Regional Director or the Registrar of Companies or the Official Liquidator shall be an officer not below the rank of Junior Time Scale or company prosecutor. (5) During any proceedings before the Tribunal, it may for the purpose of its knowledge, call upon the Registrar of Companies to su....
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....ication ex-parte. (2) Where a petition or an application has been heard ex-parte against a respondent or respondents, such respondent or respondents may apply to the Tribunal for an order to set it aside and if such respondent or respondents satisfies the Tribunal that the notice was not duly served, or that he or they were prevented by any sufficient cause from appearing (when the petition or the application was called) for hearing, the Tribunal may make an order setting aside the ex-parte hearing as against him or them upon such terms as it thinks fit. Provided that where the ex-parte hearing of the petition or application is of such nature that it cannot be set aside as against one respondent only, it may be set aside as against all or any of the other respondents also. 50. Registry to send certified 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. 51. Power to regulate the procedure.- The Tribunal may regulate its own procedure in accordance with the rules of natural justice and equity, for the purpose of dischargin....
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.... may think fit. 56. Application for execution.- For execution Of order passed by the Tribunal, the holder of an order shall make an application to the Tribunal in Form NCLT.8. 57. Issue of process of execution.- (1) On receipt of an application under rule 56 the Tribunal shall issue a process for execution of its order in such Form as provided in the Code of Civil Procedure, 1908 (5 of 1908). (2) The Tribunal shall consider objection, if any, raised by the respondent and make such order as it may deem fit and shall issue attachment or recovery warrant in such form as provided in the Code of Civil Procedure, 1908 (5 of 1908), as the case may be. 58. Effect Of non-compliance.- Failure to comply with any requirement of these rules shall not invalidate any proceeding, merely by reason of such failure, unless the Tribunal is of the view that such failure has resulted in miscarriage of justice. 59. Procedure for imposition Of penalty under the Act.- (1) Notwithstanding anything to the contrary contained in any rules or regulations framed under the Act, no order or direction imposing a penalty under the Act shall be made unless the person or the company or a party to the proceeding, ....
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.... and integrity of the Tribunal, the President or a Member of the Tribunal shall recuse himself:- (a) in any cases involving persons with whom the President or the Member has or had a personal, familial or professional relationship; (b) in any cases concerning which the President or the Member has previously been called upon in another capacity, including as advisor, representative, expert or witness; or (c) if there exists other circumstances such as to make the President or the Member's participation seem inappropriate (2) The President or any Member recusing himself may record reasons for recusal: Provided that no party to the proceedings or any other person shall have a right to know the reasons for recusal by the President or the Member in the case. PART-VI Other Procedures 63. Presentation and scrutiny of petitions or applications.- In case of the scrutiny of the petitions or applications as provided in Part Ill and elsewhere in these rules, if any person is aggrieved Of the decision of the Registrar Or such other officer officiating as the Registrar of the Benches, an appeal against the order of the Registrar shall be made within fifteen days of the making of s....
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....f constitution of Tribunal shall continue and be disposed of by a bench consisting Of not less than two Members of the Tribunal having territorial jurisdiction. (3) It shall be lawful for the Tribunal to dispose of any case transferred to it wherever the Tribunal decides that further continuance of such application or petition transferred before the Tribunal shall be an unnecessary proceeding on account of changes which have taken place in the Act either upon an application filed by either of the parties to the proceedings or suo motu. (4) A fresh petition or an application may also be filed in Form NCLT 1 corresponding to those provisions of the Act, if both the parties thereto so consent with the approval Of the Tribunal while withdrawing the proceedings as already continued before the Company Law Board and serve a copy of the petition on the parties thereto including the Central Government, Regional Director, Registrar Of Companies, Official Liquidator or Serious Fraud Investigation Office, as the case may be, as provided in the Act, in the manner as provided under Part III. (5) Upon an application to the Tribunal if the permission is granted to file a petition or an applicat....
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.... three months from the date of passing of Special resolution, be filed to the Tribunal in Form No. NCLT. 1 and shall be accompanied by such documents as are mentioned in Annexure B. (2) Every petition filed under sub-rule (1) shall set out the following particulars : (a) the date of the Board meeting at which the proposal for alteration of Articles was approved; (b) the date of the general meeting at which the proposed alteration was approved; (c) State at which the registered office of the company was situated; (d) number of members in the company, number of members attended the meeting and number of members of voted for and against; (e) reason for conversion into a private company, effect Of such conversion on shareholders, creditors, debenture holders and other related parties. (f) listed Or unlisted public company; (g) the nature of the company, that is, a company limited by shares, a company limited by guarantee (having share capital or not having share capital) and unlimited company; (h) details as to whether a company registered under section 8 of the Act. (3) There shall be attached to the application, a list of creditors and debenture holders, drawn up to....
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....if it is satisfied, having regard to all the circumstances of the case, that the conversion would not be in the interest of the company or is being made with a view to contravene or to avoid complying with the provisions of the Act, disallow the conversion with reasons to be recorded in writing. 69. Petition under sub-section (3) of section 55.- (l) The petition under sub-section (3) of section 55 of the Act shall be in Form No. NCLT. 1 and shall be accompanied by documents mentioned in Annexure B and setting out: (a) particulars of registration (b) capital structure, the different classes of shares into which the share capital of the company is divided; (c) the provisions of the memorandum or articles authorizing the issue of preference shares; (d) total number of preference shares issued; (e) details of such preference shares that are not redeemed or unable to pay dividend; (f) terms and conditions of issue of such existing preference shares; (g) total number of such preference shares (unredeemed) and number of holders consented for with value of such preference shares and percentage of holders who have consented for, and (h) date or dates on which the consent wa....
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..... (6) the decision of the Tribunal on any such petition shall be final. 71. Application under proviso to clause (b) of sub-section (1) of section 61. (1)An application for Obtaining the approval of the Tribunal for the consolidation and division of all or any of the share capital into shares of a larger amount than its existing shares which results in changes in the voting percentage of shareholders shall be filed in Form No. NCLT. 1 and shall be accompanied by such documents as are mentioned in Annexure B. (2) The application shall, inter alia, set forth the following:- (a) provision of articles authorising such consolidation or division; (b) existing capital structure Of the company; (c) new capital structure of the compa.ny after the consolidation or division; (d) class of shares being consolidated or divided; (e) face value of shares pre and post consolidation or division; (f) justification for such consolidation or division; (3) The company shall at least fourteen days before the date of hearing (a) advertise the petition in accordance with rule 35; and (b) serve, by registered post with acknowledgement due, a notice together with the Copy of the applicat....
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....olders, as the case may be, setting forth the following details in respect of every such depositor or debenture holder:- (a) full name, age, father's/ mother's/ spouse's name, occupation and full residential address; (b) fixed deposit receipt number or debenture certificate number, as the case may be; (c) date of maturity; (d) amount due to the person by the company; (e) amount already paid by the company, if any; (f) total amount due as on the date on the application: Provided that where the company is the applicant, it shall file an affidavit stating that the list of depositors or debenture holders, as the case may be, is correct, and that the estimated values as given in the list of the amount payable to such depositors or debenture holders are proper estimates of the values of such debts and claims. (3) The Tribunal shall pass an appropriate order within a period Of sixty days from the date of receipt of application under sub-rule (1): Provided that the Tribunal shall, before making any order under this rule, give a reasonable opportunity of being heard to the company and any other person interested in the matter. (4) The Tribunal may, if it is satis....
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....payment of requisite fee and the company refused to give such inspection, he may apply to the Tribunal in Form No NCLT-9 for direction to the company for inspection of minute-book of general meeting. 77. Application under section 131.- (1) Where it appears to the directors of a company that the financial statement of the company or the report of the Board do not comply with the provisions of section 129 or section 134, the application shall be filed in Form No. NCLT-I within fourteen days of the decision taken by the Board. (2) In case the majority of the directors of company Or the auditor Of the company has been changed immediately before the decision is taken to apply under section 131, the company shall disclose such facts in the application. (3) The application shall, inter alia, set forth the following particulars, namely'- (a) financial year or period to which such accounts relates; (b) the name and contact details of the Managing Director, Chief Financial Officer, directors, Company Secretary and officer of the company responsible for making and maintaining such books of accounts and financial statement; (c) where such accounts are audited, the name and contact....
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....ication under section 169. The Company or any Other person who claims to be aggrieved may make an application to the Tribunal in Form NCLT- I and shall be accompanied with such documents as are mentioned in Annexure B. 80. Application under section 213 for investigation.- An application under section 213 may be made in Form NCLT- I and shall be accompanied with such documents as are mentioned in Annexure B. 81. Application under section 241.- (1) An Application under clause (a) or clause (b) of sub-section (1) of section 241 of the Act, shall be filed in the Form NCLT- I and shall be accompanied with such documents as are mentioned in Annexure B. (2) Where an application is presented under section 241 on behalf of any members of a company entitled to apply under sub-section (1) of the said section, by any one or more of them, the letter of consent signed by the rest of the members so entitled authorising the applicant or the applicants to present the petition on their behalf, shall be annexed to the application, and the names and addresses of all the members on whose behalf the application is presented shall be set out in a schedule to the application, and where the company has ....
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....re typical of the claims or defences of the class; (d) whether the representative parties will fairly and adequately protect the interests of the class. (2) For the purposes of clause (c) of sub-section (4) of section 245, while considering the desirability of an individual or separate action as opposed to a class action, the Tribunal may take into account, in particular, whether admitting separate actions by member or members or depositor or depositors would create a risk of:- (a) inconsistent or varying adjudications in such separate actions; or (b) adjudications that, as a practical matter, would be dispositive of the interests of the other members; (c) adjudications which would substantially impair or impede the ability of other members of the class to protect their interests. 86. Rule of opt-out.- (1) A member of a class action under section 245 of the Act is entitled to opt-out of the proceedings at any time after the institution of the class action. with the permission of the Tribunal, as per Form No. NCLT1. (2) For the purposes of this rule, a class member who receives a notice under clause (a) of sub section (5) of section 245 of the Act shall be deemed to be the me....
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.... the details of the admission of the application and the date by which the form of opt out has to be completed and sent as per Form NCLT-1 and shall be accompanied with such documents as are mentioned in Annexure and such other particulars as the Tribunal thinks fit. (4) The cost or expenses connected with the publication of the public notice under this rule shall be borne by the applicant and shall be defrayed by the company or any other person responsible for any oppressive act in case order is passed in favour of the applicant. 88. Reference to the Tribunal.- Any reference to the Tribunal by the Registrar of Companies under section 441 of the Act, or any reference to the Tribunal by the Central Government under proviso to sub-section (5) of section 140, 221, sub-section (2) of section 224, sub-section (5) Of section 224, sub-section (2) of section 241 of the Act, or reference under sub-section (2) of section 75 or any complaint by any person under sub-section (1) of section 222, or any reference by a company under clause (c) of sub-section (4) of section 22A Of the Securities Contracts (Regulations) Act, 1956 shall be made by way of a petition Or application in Form No. NCLT- ....
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....ecified in each appeal or petition or application and they shall be written legibly. (2) The diary in the main file shall contain a concise history of the appeal or petition Or application, the substance of the order passed thereon and in execution proceedings, it shall contain a complete record of all proceedings in execution of order or direction or rule and shall be checked by the Deputy Registrar and initialed once in a fortnight. 92. Order sheet.- (1) The Court Master of the Bench shall maintain order sheet in every proceedings and shall contain all orders passed by the Tribunal from time to time . (2) All orders passed by the Tribunal shall be in English and the same shall be signed by the Members of the Tribunal constituting the Bench: Provided that the routine orders, such as call for of the records, put up with records, adjourned and any other Order as may be directed by the Member of the Tribunal shall be signed by the Court Master of the Bench. (3) The order sheet shall also contain the reference number of the appeal or petition or application, date of order and all incidental details including short cause title thereof. 93. Maintenance of court diary.- (l) The Cou....
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....llowing four parts and shall be collated and maintained - (a) main file : (Petition being kept separately); (b) miscellaneous application file; (c) process file; and (d) execution file 99. Contents of main file.- The main file shall be kept in the following order and it shall be maintained as permanent record till ordered to be destroyed under the rules - (a) index; (b) order sheet; (c) final order Or judgment; (d) memo of appeal or petition, as the case may be, together with any schedule annexed thereto; (e) counter or reply or objection, if any; (f) (i) oral evidence or proof Of affidavit; (ii) evidence taken on commission; and (iii) documentary evidence; (g) written arguments. 100. Contents of process file.- The process file shall contain the following items; namely - (a) index; (b) power of attorney or vakalatnama; (c) summons and other processes and affidavits relating thereof; (d) applications for summoning witness; (e) letters calling records; and (f) all other miscellaneous papers such as postal acknowledgements. 101. Execution file.- The execution file shall contain the following items, namely- (a) index; (b) the order sheet; ....
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....e notice to such party and it is for such party to file affidavit of service with proof. (4) Acknowledgement under sub-rule (3) shall be filed by the party with the Registry before the date fixed for return of notice. 106. Summons.- Whenever summons Or notice is ordered by private service, the appellant or applicant or petitioner, as the case may be, unless already served on the other side in advance, shall arrange to serve the copy of all appeals or petition or application by registered post or courier service and file affidavit of service with its proof of acknowledgement before the date fixed for hearing. 107. Steps for issue of fresh notice.- (1) If any notice issued under rule 105 is returned unserved, that fact and the reason thereof shall be notified immediately on the notice board of the Registry. (2) The applicant or petitioner or his authorised representative shall within seven days from the date Of the notification, take steps to serve the notice afresh. 108. Consequence of failure to take steps for issue of fresh notice. - Where, after a summon has been issued to the other side, and returned unserved, and the applicant Or petitioner Or appellant, as the case may be....
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....se rules: Provided that no fee shall be payable or shall be liable to be collected on an application filed by the Registrar of Companies, Regional Director or by an officer on behalf of the Central Government. (3) In respect of a petition or appeal or application filed or references made before the Principal Bench or the Bench of the Tribunal, fees referred to in this Part shall be paid by means of a bank draft drawn in favour of the Pay and Accounts Officer, Ministry of Corporate Affairs, New Delhi/ Kolkata/Chennai / Mumbai, as the case may be or as decided by the President. 113. Award of costs in the proceedings.- (1) Whenever the Tribunal deems fit, it may award cost for meeting the legal expenses of the respondent Of defaulting party. (2) The Tribunal may in suitable cases direct appellant or respondent to bear the cost Of litigation of the other side, and in case of abuse of process of court, impose exemplary costs on defaulting party. PART XIV INSPECTION OF RECORD 114. Inspection Of the records.- (1) The parties to any case or their authorised representative may be allowed to inspect the record of the case by making an application in writing to the Registrar and by pay....
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....and shall obtain therein the signature of the person making such inspection on the Register as well as on the application on the conclusion of inspection. PART XV Appearance of authorised representative 119. Appearance of authorised representative.- Subject to as hereinafter provided, no legal practitioner or authorised representative shall be entitled to appear and act, in any proceeding before the Tribunal unless he files into Tribunal vakalatnama or Memorandum of Appearance as the case may, duly executed by or on behalf of the party for whom he appears. 120. Consent for engaging another legal practitioner.-. A legal practitioner proposing to file a Vakalatnama or Memorandum of Appearance as the case may be, in any pending case or proceeding before the Tribunal in which there is already a legal practitioner or authorised representative on record, shall do so only with the written consent of the legal practitioner or the authorised representative on record or when such consent is refused, with the permission of the Tribunal after revocation of Vakalatnama or Memorandum of Appearance as the case may be, on an application filed in this behalf, which shall receive consideration ....
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....anguage in which the affidavit is written, the attester shall certify that the affidavit was read, explained Or translated by him or in his presence to the deponent and that he seemed to understand it, and made his signature or mark in the presence of the attester in Form NCLT-14. 129. Identification of deponent.- If the deponent is not known to the attester, his identity shall be testified by a person known to him and the person identifying shall affix his signature in token thereof. 130. Annexures to the affidavit.- (1) Document accompanying an affidavit shall be referred to therein as Annexure number and the attester shall make the endorsement thereon that this is the document marked putting the Annexure number in the affidavit. (2) The attester shall sign therein and shall mention the name and his designation. PART XVII DISCOVERY, PRODUCTION AND RETURN OF DOCUMENTS 131. Application for production of documents, form of summons.-(1) Except otherwise provided hereunder, discovery or production and return Of documents shall be regulated by the provisions of the Code of Civil Procedure, 1908 (5 of 1908). (2) An application for summons to produce documents shall be on plain pa....
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.... shall state shall be truth, the whole truth and nothing but the truth". 138. Form of oath or affirmation to interpreter.- Oath or solemn affirmation shall be administered to the interpreter in the following form before the Bench Officer or the Court Officer as the case may be, as taken for examining a witness: "I do swear in the name of God/solemnly affirm that I will faithfully and truly interpret and explain all questions put to and evidence given by witness and translate correctly and accurately all documents given to me for translation." 139. Officer to administer oath.- The oath or affirmation shall be administered by the Court Master. 140. Form recording of deposition.- (1) The Deposition of a witness shall be recorded in Form NCLT-16. (2) Each page of the deposition shall be initialed by the Members constituting the Bench. (3) Corrections, if any, pointed out by the witness may, if the Bench is satisfied, be carried out and duly initialled. If not satisfied, a note to the effect be appended at the bottom of the deposition. 141. Numbering of witnesses.- The witnesses called by the applicant or petitioner shall be numbered consecutively as PWs and those by the r....
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....paragraph of the order. 148. Corrections.- Every Member of the Bench who has prepared the order shall initial all corrections and affix his initials at the bottom of each page. 149. Power to impose Costs.- The Tribunal may, in its discretion, pass such order in respect of imposing costs on the defaulting party as it may deem fit. 150. Pronouncement of Order.- ( 1) The Tribunal, after hearing the applicant and respondent, shall make and pronounce an order either at once or, as soon as thereafter as may be practicable but not later than thirty days from the final hearing. (2) Every order of the Tribunal shall be in writing and shall be signed and dated by the President or Member or Members constituting the Bench which heard the case and pronounced the order. (3) A certified copy of every order passed by the Tribunal shall be given to the parties. (4) The Tribunal, may transmit order made by it to any court for enforcement, on application made by either of the parties to the order or suo motu. (5) Every Order Or judgment or notice shall bear the seal of the Tribunal. 151. Pronouncement of order by any one member of the Bench.-(1) Any Member Of the Bench may pronounce the order....
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....uch proceeding. 156. Making of entries by Court Master.- Immediately on pronouncement of an order by the Bench, the Court Master shall make necessary endorsement on the case file regarding the date of such pronouncement, the nature of disposal and the constitution of the Bench pronouncing the Order and he shall also make necessary entries in the court diary maintained by 157. Transmission of order by the Court Master.- (1) The Court Master shall immediately on pronouncement of order, transmit the order with the case file to the Deputy Registrar. (2) On receipt Of the order from the Court Master, the Deputy Registrar shall after due scrutiny, satisfy himself that the provisions of these rules have been duly compiled with and in token thereof affix his initials with date on the outer cover of the Order. (3) The Deputy Registrar shall thereafter cause to transmit the case file and the order to the Registry for taking Steps to prepare copies and their communication to the parties. 158. Format of order.- (1) All orders shall be neatly and fairly typewritten in double space on one side only on durable foolscap folio paper Of metric A-4 size (30.5 cm long and 21.5 cm wide) with left....
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....nt in the first week of every month. 164. Placing of National Company Law Appellate Tribunal orders before Tribunal.- Whenever an interim Or final order passed by the National Company Law Appellate Tribunal in an appeal or other proceeding preferred against a decision of the Tribunal is received, the same shall forthwith be placed before the President and Members for information and kept in the relevant case file and immediate attention of the Registrar shall be drawn to the directions requiring compliance. 165. Registrar to ensure compliance of National Company Law Appellate Tribunal orders.- It shall be the duty of the Registrar to take expeditious steps to comply with the directions of the National Company Law Appellate Tribunal. SCHEDULE OF FEES S.No. Section of the Companies Act, 2013 Nature of application /petition Fees 1. Sec. 2 (41) Application for change in financial year 5,000/- 2. sec. 7 (7) Application to Tribunal where company has been incorporated by furnishing false or incorrect info or by any fraudulent action. 5,000/- 3. Sec. 14 (1) Conversion of public company into a private company. 5,000/- 4. Sec. 55 (3) Application for issue further rede....