TaxTMI 
TaxTMI 
National Company Law Tribunal Rules, 2016
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....961); (4) "applicant" means a petitioner or an appellant or any other person or entity capable 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; ....
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....r the Regional Director or Central Government or State Government or official liquidator and any person who has a right under the Act, or the Reserve Bank of India Act 1934 (2 of 1934) to make suggestions or submissions or objections or reply; (17) "petition" means a petition or an application or an appeal or a complaint 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 Tribun....
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....sp; Forms.- The forms annexed as Annexure 'A' to these rules with such modifications or variations as the circumstances Of each case may require shall be used for the purpose mentioned therein and where no form is prescribed to cover a contingency, a form as may be approved by the Registrar, shall be used. 5. Format Of order or direction or rule.- Every rule, direction, order, summons, warrant or other mandatory process shall be issued in the name of the President and shall be signed by the Registrar or any 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 Tribu....
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.... functions of President, Registrar and Secretary 16. Functions of the President.- In addition to the general powers provided in the Act and in these rules the President shall exercise the following powers, namely: - (a) preside over the consideration of cases by the Tribunal; (b) direct the Registry in the performance of its functions; (c) prepare an annual report on the activities of the Tribunal; (d) transfer any case from one Bench to other Bench when the circumstances so warrant; to withdraw the work or case from the court of a member. (f) perform the functions entrusted to the President under these rules and such other powers as my be relevant to carry out his duties as head of the Tribunal while exercising the general superintendence and control 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, petit....
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....echnolow and other technological facilities in the Tribunal; (i) manage and facilitate communication and services of the Tribunal; (j) manage, monitor and administer the public affairs and public safety provisions within the premises of the Tribunal; and (k) supervise library and research wings of the Tribunal. 19. Delegation of powers by the President.- The President may assign or delegate to any suitable officer all or some Of the functions required by these rules to be exercised by the Registrar. PART - III Institution of proceedings, petition, appeals etc. 20. Procedure.-(l) Every appeal or petition or application or caveat petition or objection or counter presented to the Tribunal shall be in English and in case it is in some other Indian language, it shall be accompanied by a copy translated in English and shall be fairly and legibly type written, lithographed or printed in double spacing on one side of standard petition paper with an inner margin of about four centimeter width on top and with a right margin of 2.5. cm, and left margin of 5 cm, duly paginated, indexed and stitch....
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....e-mail address, if any. 22. Initialling alteration.- Every interlineations, eraser or correction or deletion in any appeal or petition or application or document shall be initialled by the party or his authorised representative presenting it. 23. Presentation Of petition or appeal (l) Every petition, application, caveat, interlocutory application, documents and appeal shall be presented in triplicate by the appellant or applicant or petitioner or respondent, as the case may be, in person or by his duly authorised representative or by an advocate duly appointed in this behalf in the prescribed form with stipulated fee at the filing counter and non-compliance of this may constitute a valid ground to refuse to entertain the same. (2) Every petition or application or appeal may be accompanied by documents duly certified by the authorised representative or advocate filing the petition or application or appeal duly verified from the originals. (3) All the documents filed in the Tribunal shall be accompanied by an index in triplicate containing their details and the amount of fee paid thereon. (4) Suffi....
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....ther advocate or authorised representative whether engaged in the case or not or if the advocate or authorised representative engaged in the case authenticates such certificate or prepared by a translator approved for the purpose by the Registrar on payment of such charges as he may order. (2) Appeal or petition or Other proceeding shall not be set down for hearing until and unless all parties confirm that all the documents filed on which they intend to rely are in English or have been translated into English and required number of copies are filed into Tribunal. 28. Endorsement and scrutiny Of petition or appeal or document.-(l ) The person in charge of the filing-counter shall immediately on receipt of petition or appeal or application or document affix the date stamp of Tribunal thereon and also on the additional copies of the index and return the acknowledgement to the party and he shall also affix his initials on the stamp affixed on the first page of the copies and enter the particulars of all such documents in the register after daily filing and assign a diary number which shall be entered below the date stamp and thereafter cause it to be sent for scrutiny. (2)&nbs....
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....d in that behalf shall be complied with by the applicant, besides filing an affidavit supporting the application. 33. Procedure on production of defaced, torn or damaged documents. - When a document produced along with any pleading appears to be defaced, torn, or in any way damaged or otherwise its condition or appearance requires special notice, a mention regarding its condition and appearance shall be made by the party producing the same in the Index of such a pleading and the same shall be verified and initialed by the officer authorized to receive the same. PART- IV General procedure 34. General Procedure. - (l) In a situation not provided for in these rules, the Tribunal may, for reasons to be recorded in writing, determine the procedure in a particular case in accordance with the principles of natural justice. (2) The general heading in all proceedings before the Tribunal, in all advertisements and notices shall be in Form No. NCLT. 4. (3) Every petition or application or reference shall be filed in form as provided in Form No. NCLT. 1 with attachments thereto accompanied by Form No. NCL....
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....) Where the requirements of this rule or the direction Of the Tribunal, as regards the advertisement and service Of petition, are not complied with, the Tribunal may either dismiss the petition or give such further directions as it thinks fit. (6) The Tribunal may, if it thinks fit, and upon an application being made by the party, may dispense with any advertisement required to be published under this rule. 36. Maintenance of Cash Register. - (1) If any payment has been received by way of Indian postal orders or demand drafts or in cash by the Registry, the transaction shall be entered immediately by the Registration Clerk on their receipt side in a Cash Register kept for the purpose. (2) On every next working day or the last working day Of the week, the payments received during such day or week by way of Indian postal orders or demand drafts shall be transmitted by the Registration Clerk to the concerned official vested with the work pertaining to the Cashier who after scrutiny and verification shall acknowledge the receipt Of all moneys in the Cash Register. (3) The official referred to in sub-rul....
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....dence or work or service could not be effected in any manner and other circumstances, direct that notice of the petition or application shall be served upon the respondents in any other manner, including any manner of substituted service, as it appears to the Tribunal just and convenient. (5) A notice or process may also be served on an authorised representative of the applicant or the respondent, as the case may be, in any proceeding or on any person authorised to accept a notice Or a process, and such service on the authorised representative shall be deemed to be a proper service. (6) Where the Tribunal directs a service under sub-rule (4), such amount Of charges, as may be determined by the Tribunal from time to time, but not exceeding the actual charges incurred in effecting the service, shall be deposited with the registry of the Tribunal by the petitioner or applicant. 39. Production of Evidence by Affidavit.- (1) The Tribunal may direct the parties to give evidence, if any, by affidavit. (2) Notwithstanding anything contained in sub-rule (1), where the Tribunal considers it necessany, in the interest of natura....
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....bsp; 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 applicant in his petition or application and state such additional facts as may be found necessary in his reply. 42. Filing of Rejoinder. - Where the respondent states such additional facts as may be necessary for the just decision of the case, the Bench may allow the petitioner to file a rejoinder to the reply filed by the respondent, with an advance copy to be served upon the respondent. 43. Power of the Bench to call for further information or evidence. - (1) The Bench may, before passing orders on the petition or application, require the parties or any one Or more Of them, to produce such further documentary or other evidence as it may consider necessary:- (a) for the purpose of satisfying itself as to the truth ofthe allegations made in the petition or application; or (b) &nb....
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....r 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 submit information on the affairs Of the company on the basis of information available in the MCA21 portal. Reasons for such directions shall be recorded in writing. (6) There shall be no audio or video recording of the Bench proceedings by the parties or their authorised representatives. 46. Registration of authorised representative's interns.- (1) No intern employed by an authorised representative shall act as such before the Tribunal or be permitted to have access to the records and obtain copies Of the orders Of a Bench of the Tribunal in which the authorised representative ordinarily appears, unless his name is entered in the....
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....rte 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 discharging its functions under the Act. 52. Summoning of witnesses and recording Evidence.- (1) If a petition or an application is presented by any party to the proceedings for summoning of witnesses, the Tribunal shall issue summons for the appearance of such witnesses unless it considers that their appearance is not necessary for the just decision of the case. (2) Where summons are issued by the Tribunal under sub-rule (1) to any Witness to give evidence or to produce any document, the person so summoned shall be entitled to such....
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.... (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, during proceedings Of the Bench, has been given a show cause notice and reasonable opportunity to represent his Or her or its case before the Bench or any officer authorised in this behalf. (2) In case the Bench decides to issue show cause notice to any person or company or a party to the proceedings, as the case may be....
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....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 such order to the President of the Principal Bench and at other places to any Member....
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....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 fil....
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....n 14.- (1) A petition under the second provision to sub-section (I) of section 14 of the Act for the conversion of a public company into a private company, shall, not less than 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) &nbs....
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....erve, by registered post with acknowledgement due, a notice together with the copy of the petition to the Central Government, Registrar of Companies and to the Securities and Exchange Board of India, in the case of listed companies and to the regulatory body, if the company is regulated under any other Act. (6) Where any objection of any person whose interest is likely to be affected by the proposed petition has been received by the petitioner, it shall serve a copy thereof to the Registration or before the date of hearing. (7) While passing an order, the Tribunal may, 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 ....
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.... affected by the proposed petition has been received by the petitioner, it shall serve a copy thereof to the Registrar on or before the date of hearing: (4) The Tribunal may, while dealing with a petition under section 58 or 59, at its discretion, make- (a) order or any interim order, including any orders as to injunction or stay, as it may deem fit and just; (b) such orders as to costs as it thinks fit; and (c) incidental or consequential orders regarding payment of dividend or the allotment of bonus or rights shares. (5) On any petition under section 59, the Tribunal may- (a) decide any question relating to the title of any person who is a party to the petition to have his name entered in, or omitted from, the register; (b) generally decide any question which is necessary or expedient to decide in connection with the application for rectification. (6) the decision of the Tribunal on any such petition shall be final. 71. Application under proviso to clause (b) of sub-section (1....
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....r to the Government to be reasonable in the circumstances of the case even in terms of the issue of such debentures or the raising of such loans do not include a term for providing for an option for such conversion. If such terms and conditions of conversion are not acceptable to the company, it may, within sixty days from the date Of communication of such order, appeal to the Tribunal, in Form - NCLT-9, which shall after hearing the company and the Government, pass such order as it deems fit. 73. Application under sections 71(9), 71(10), section 73(4) or section 74(2) and 76(2).- (1 )Where a company fails to redeem the debentures or repay the deposits or any part thereof or any interest thereon, an application under sub-section ( 10) of section 71 or under sub-section (4) of section 73 of the Act Or section 45QA of the Reserve Bank of India Act, 1934 (2 of 1934), shall be filed to the Tribunal, in Form No. NCLT. 11 in duplicate and shall be accompanied by such documents as are mentioned in Annexure B, by- (a) in case Of debentures, all or any of the debenture holders concerned, or debenture trustee; or (b) &nbs....
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....ents as per Annexure B. (6) A copy of application under sub-section (2) of section 76 and under subsection (2) of section 74 shall be served on the Regional Director and the Registrar of Companies before the date of hearing. (7) The Registrar of Companies in consultation with Regional Director shall submit before the Tribunal, the report on the affairs of the company within thirty days from the date of the receipt of the application and Tribunal may consider any Observation made by the Registrar of Companies before passing an order. 74. Application for calling or obtaining a direction to call annual general meeting.- (1) An application under section 97 for calling or obtaining a direction to call the annual general meeting of the company shall be made by any member of the company in Form No. NCLT. 1 and shall be accompanied by the documents specified in Annexure B. (2) A copy of the application shall be served on the Registrar of Companies on or before the date of hearing. 75. Application for obtaining an order for calling of general meeting (other than Annual General Meeting).- (I) An application under section 98 for obtaini....
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....s different and after considering the application and hearing the auditor and any Other person as the Tribunal may deem fit, may pass appropriate order in the matter. (6) A certified copy of the order of the Tribunal shall be filed with the Registrar of Companies within thirty days of the date of receipt of the certified copy.. (7) On receipt of approval from Tribunal a general meeting may be called and notice of such general meeting along with reasons for change in financial statements may be published in newspaper in English and in vernacular language. (8) In the general meeting, the revised financial statements, statement of directors and the statement of auditors may be put up for consideration before a decision is taken on adoption Of the revised financial statements. (9) On approval of the general meeting, the revised financial statements along with the statement of auditors or revised report of the Board, as the case may be, shall be filed with the Registrar of Companies within thirty days of the date of approval by the general meeting. 78. Application under Section 140. (1) An application....
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....all such persons as the Tribunal may direct. 82. Withdrawal of Application filed under section 241. - (1) An application under clause (a) or clause (b) of sub-section (1) of section 241 of the Act, shall not be withdrawn without the leave of the Tribunal. (2) An Application for withdrawal under sub-rule (1) shall be filed in the Form NCLT-9. 83. Application under section 243.- (1) An application under clause (b) of sub-section (1) Of section 243 of the Act for leave to any of the persons mentioned therein to be appointed or to act as the managing director or other director or manager of the company, shall be filed as per the appropriate Form NCLT- I and shall be accompanied with such documents as are mentioned in Annexure B. (2) An application under sub - rule (1) shall state whether a notice of intention to apply for such leave, as required under the proviso to sub-section (1) of section 243 of the Act, has been given to the Central Government and such application shall also be accompanied by a copy of such notice. (3) The notice of the date of hearing of the application together with a copy of the application shall be served on t....
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....ts out Of the proceedings, as per the requirements of the notice issued by the Tribunal in accordance with rule 38. (3) A class member opting out shall not be precluded from pursuing a claim against the company on an individual basis under any other law, where a remedy may be available, subject to any conditions imposed by the Tribunal. 87. Publication of notice.- (1) For the purposes of clause (a) of sub section (5) of section 245 of the Act, on the admission of an application filed under sub-section ( 1) of section 245 of the Act, a public notice shall be issued by the Tribunal as per Form No. NCLT-13 to all the members of the class by- (a) publishing the same within seven days of admission of the Application by the Tribunal at least once in a vernacular newspaper in the principal vernacular language of the State in which the registered office of the company is situated and at least once in English in an English newspaper that is in circulation in that State; (b) requiring the company to place the public notice on the website of such company, if any, in addition to publication of such public notic....
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....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- 9 in Annexure A and shall be accompanied by documents mentioned in Annexure-B. PART IX CAUSE LIST 89. preparation and publication Of daily cause list.- (1) The Registry shall prepare and publish on the notice board of the Registry before the closing of working hours on each working day the cause list for the next working day and subject to the directions of the President, listing of Cases in the daily cause list shall be in the following order of priority, unless otherwise ordered by the concerned Bench; namely;- (a) cases for pronouncement of orders; (b) cases for clarification; (c) cases for admission; (d) cases for orders or directions; (e) part-heard cases, latest part-heard having precedence; and (f) cases pos....
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....e . (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 Court Master of the Bench shall maintain legibly a Court Diary, wherein he shall record the proceedings of the court for each sitting with respect to the applications or petitions or appeals listed in the daily Cause list. (2) The matters to be recorded in the Court Diary shall include details as to whether the case is adjourned, or part-heard or heard and disposed of or heard and orders reserved, as the case may be, along with dates of next sitting wherever applicable. 94. Statutes or citations for reference.- The parties or legal ....
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....sp; 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.&nb....
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....veat or interlocutory application and the name of the authorised representative, if any, of such party with his full address for service and the interim order, if any, made thereon. (3) The Tribunal may order for issuing notice in appropriate cases and also permit the party concerned for service of the said notice on the Other side by Dasti and in such case, deliver the 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 the....
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....n Petition or Appeal, Process Fee And Award of Costs 112. Fees.- (1) In respect of the several matters mentioned in the Annexures, there shall be paid fees as prescribed in the Schedule of Fees appended to these rules; Provided that no fee shall be payable or shall be liable to be collected on a petition or application filed or reference made by the Registrar Of Companies, Regional Director or by any officer on behalf of the Central Government. (2) In respect of every interlocutory application, there shall be paid fees as prescribed in Schedule of Fees of these 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. ....
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.... marking on any record or paper so inspected and taking notes, if any, of the documents or records inspected may be done only in pencil. (4) The person supervising the inspection, may at any time prohibit further inspection, if in his opinion, any of the records are likely to be damaged in the process of inspection or the person inspecting the records has violated or attempted to violate the provisions of these rules and shall immediately make a report about the matter to the Registrar and seek further orders from the Registrar and such notes shall be made in the Inspection Register. 118. Maintenance of register of inspection.- The Deputy Registrar shall cause to maintain a Register for the purpose of inspection of documents or records 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....
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....atives.- While appearing before the Tribunal, the authorised representatives shall wear the same professional dress as prescribed in their Code of Conduct. PART XVI AFFIDAVITS 125. Title Of affidavits.- Every affidavit shall be titled as 'Before the National Company Law Tribunal.' followed by the cause title of the appeal or application or other proceeding in which the affidavit is sought to be used, 126. Form and contents of the affidavit.- The affidavit shall conform to the requirements of order XIX, rule 3 of Civil Procedure Code, 1908 (5 of 1908). 127. Persons authorised to attest.- Affidavits shall be sworn or affirmed before an advocate Or notary, who shall affix his official seal. 128. Affidavits of illiterate, visually challenged persons.- Where an affidavit is sworn or affirmed by any person who appears to be illiterate, visually challenged or unacquainted with the language 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, ....
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....favour of the Pay and Accounts Officer, Ministry Of Corporate Affairs, New Delhi, a sum sufficient to defray the expenses for transmission of the records before the summons is issued. 134. Return and transmission of documents.- (1) An application for return Of the documents produced shall be numbered and no such application shall be entertained after the destruction of the records. (2) The Tribunal may, at any time, direct return of documents produced subject to such conditions as it deems fit. PART XVIII EXAMINATION OF WITNESSES AND ISSUE OF COMMISSIONS 135. Procedure for examination of witnesses, issue of Commissions.- The provisions of the Orders XVI and XXVI of the Code of Civil Procedure, 1908 (5 Of 1908), shall mutatis mutandis apply in the matter Of summoning and enforcing attendance of any person and examining him on oath and issuing commission for the examination of witnesses or for production of documents. 136. Examination in camera.- The Tribunal may in its discretion examine any witness in camera. 137. Form of oath or affirmation to witness.- Oath shall be administered to a witness in the following form . ....
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....ns is issued. (4) If the witness is summoned as a court witness, the amount estimated by the Registrar shall be paid as per the directions of the Tribunal. (5) The aforesaid provisions would govern the payment of batta to the interpreter as well. 144. Records to be furnished to the Commissioner.- (1) The Commissioner shall be furnished by the Tribunal with such of the records of the case as the Tribunal considers necessary for executing the Commission. (2) Original documents shall be furnished only if a copy does not serve the purpose or cannot be obtained without unreasonable expense or delay and delivery and return of records shall be made under proper acknowledgement. 145. Taking of specimen handwriting, signature etc. -The Commissioner may, if necessary, take specimen of the handwriting, signature or fingerprint of any witness examined before him. PART XIX DISPOSAL OF CASES AND PRONOUNCEMENT OF ORDERS 146. Disposal of Cases.- On receipt Of an application, petition, appeal etc., the Tribunal, after giving the parties a reasonable opportunity of being heard, pass such orders thereon as....
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....sp; The order pronounced by the Member so authorised shall be deemed to be duly pronounced. (3) The Member so authorised for pronouncement of the order shall affix his signature in the order sheet of the case stating that he has pronounced the order as provided in this rule. (3) If the order cannot be signed by reason of death, retirement or resignation or for any other reason by any One of the Members of the Bench who heard the case, it shall be deemed to have been released from part-heard and listed afresh for hearing. 153. Enlargement of time.- Where any period is fixed by or under these rules, Or granted by Tribunal for the doing of any act, or filing of any document or representation, the Tribunal may, in its discretion from time to time in the interest of justice and for reasons to be recorded, enlarge such period, even though the period fixed by or under these rules or granted by the Tribunal may have expired. 154. Rectification of Order.- (1 ) Any clerical or arithmetical mistakes in any order of the Tribunal or error therein arising from any accidental slip or omission may, at any time, be corrected by the Tribunal on its own motion or on appl....
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....legal practitioners, the official concerned shall arrange the records with pagination and prepare in the Index Sheet in Form no. to be prescribed by the Tribunal. He shall affix initials and then transmit the records with the Index initials to the records room. 160. Transmission Of files or records or orders.- Transmission of files or records Of the cases or orders shall be made only after obtaining acknowledgement in the movement register maintained at different sections or levels as per the directions of the Registrar. 161. Filing of Order of the Tribunal with the Registrar of Companies. - The certified copy of the order passed by the Tribunal shall be filed by the Company in form INC-28 alongwith fee of Rupees five hundred with the Registrar of Companies within the time specified in the Act or specified by the Tribunal. Where no time limit is prescribed by the Tribunal, such order shall be filed within thirty days from the date of receipt of certified copy of the order. 162. Copies of orders in library.- (1) The officer in charge of the Registry shall send copies of every final order to the library of the Tribunal. ....
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....f Govt. fixing terms and conditions for conversion of debentures and shares. 5,000/- 8. sec. 71 (9) Petition by Debenture-trustees. 2.000/ - 9. Sec. 71 (10) Application in the event of failure of redeeming of debentures. 1,000/- 10. sec. 73 (4) Application by deposition for repayment of deposit or interest. 500/- 11. Sec. 74 (2) Application to allow further time as considered reasonable to the company to repay deposits. 5,000/- 12. Sec. 97 (1) Application for calling of Annual General meeting. 1,000/- 13. sec. 98 (1) Application for calling of general meeting of company other than annual general meeting 1,000/- 14. Sec. 119 (4) Petition to pass an order directing immediate inspection of minute's books or directing a copy thereof be sent forthwith to person requiring it. 500/ - 15. Sec. 130 (1) Application for re-opening of books of account, if made by any person other than Central Government, Income Tax authorities, SEBI or any other statutory regulatory body or authority. 5,000/ - 16. Sec. 131 (1) Application by company for voluntary revision of financial sta....
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....the Bench. iii. Limitation: (If applicable) The petitioner applicant further declares that the petition is within the limitation laid down in section... Of the Companies Act, 2013 (where applicable) iv. Facts of the case are given below: (Give here a concise statement of facts in a chronological order, each paragraph containing as nearly as possible a separate issue, fact or otherwise.) v. Relief(s) sought. In view of the facts mentioned above, the petitioner/applicant/respondent prays for the following relief(s): (Specify below the relief(s) sought explaining the ground for relief(s) and the legal provisions (if any) relied upon) 71 Page vi. Particulars of Bank draft evidencing payment of fee for the petition or application made: Branch of the Bank on which drawn: Name of the issuing branch: Demand Draft No......... Date............... Amount Rs........... Date: Place: (Signature/Signature of Authorised signatory) 72 | Page Date: FORM NO. NCLT. 2 [See rule 34] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH: From: To: The Registrar, NCLT ( Bench). NOTICE OF ADMISSION (Insert ....
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....ee rule 35] Company Petition/Application/Reference No..... of... Notice of petition A petition/application/reference under section of the Companies Act, 2013, for ...... on the. was presented by day of 20, and the said petition is fixed for hearing before........bench of National Company Law Tribunal on.....20... Any person desirous of supporting or opposing the said petition/application/reference should send to the petitioner's advocate, notice of his intention, signed by him or his advocate, with his name and address, so as to reach the petitioner's advocate not later than 'two days before the date fixed for the hearing of the petition/application/reference. Where he seeks to oppose the petition/application/reference, the grounds of opposition or a copy of his affidavit shall be furnished with such notice. A copy of the petition/application/reference will be furnished by the undersigned to any person requiring the same on payment of the prescribed charges for the same. Dated...... (Sd) (Name).... (Advocate for petitioner) Address: 77 Page To FORM NO. NCLT. 3B Individual Notice of petition/ application t....
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....elief sought) Dated this day 01.... 20...Registrar/ Authorised Representative or the Applicants s). This Notice was taken out by Shri.......... Authorised Representative for the applicant(s) and will be supported by the affidavit(s) of......... To Respondent(s)/ Opposite Party [Here insert the section of the Act or other provision of law under which the application is made.] *Omit if not applicable ***** 80 | Page FORM NO. NCLT. 6 (GENERAL) [See rule 34] [HEADING AS IN FORM NCLT. 4] Company Petition No....... of 20.... General Affidavit Verifying Petition I,..., son of... ., aged residing at..., do solemnly affirm and say as follows:- 1. I am a director/secretary/../of... Ltd., the petitioner in the above matter [' and am duly authorised by the said petitioner to make this affidavit on its behalf.] Note: This paragraph is to be included in cases where the petitioner is the Company. 2. The statements made in paragraphs.......of the petition herein now shown to me are true to my knowledge, and the statements made in paragraphs...... are based on information, and I believe them to be true. Solemnly aff....
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....83 Page of A.B. Month. No None Applicatio 20..... 20..... n No dated Applicant/ Petitioner/ Appellant C.D. 20 Result: Respondan t ༣. Against As the principal interest at awarded defendan in t C.D. per cent per annum, Order from the No. date of subsequ decree till ently payment Incurred Mode in which the assistance of the Tribunal is required: When attachment as sale of movable property is sought: I pray that the total amount of ....... (together with interest on the principal sum up to date of payment) and the costs of taking out this execution, be realised by attachment and sale of defendant's movable property as per annexed list and paid to me. When attachment and sale of immovable property is sought: I pray that the total amount of *.... (together with interest on the principal sum up to date of payment) and the costs of taking out this execution be realised by the attachment and sale of defendant's immovable property specified at the foot of this application and paid to me. I....declare that what is stated herein is true to the best of my knowled....
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.... 5. The facts of the case are given below: (give here a concise statement of facts and other grounds in a chronological order, each paragraph containing as neatly as possible as separate issue, fact or otherwise). 6. Jurisdiction of the Tribunal: The applicant/ petitioner/ appellant declares that the matter of application/petition/ appeal falls within the jurisdiction of the Tribunal. 85 | Page 7. Limitation. The applicant/ petitioner/ appellant further declares that the application/petition/ appeal is within the limitation as prescribed in the provision of section read with section 433 of the Act. 8. Matter not pending with any other Tribunal etc. - The applicant/ petitioner/ appellant further declares that the matter regarding with this application/petition/ appeal has been made is not pending before any Tribunal of law or any other authority or any other Tribunal. 9. Particulars in respect of the fee paid in terms of the Schedule of Fees of these rules.- 1. Amount of fees 2. Name of the Bank on which Demand Draft is drawn or Online Payment is made 3. Demand draft number 10. Details of Index.- An index containin....
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....f the above intern if found would lead to cancellation of the registration of the said.... (name) as a intern without any notice. Date: Place: To The Registrar of the Tribunal Signature of Authorised Representative 88 | Page FORM NO.NCLT. 11 (See rule 73) APPLICATION BY DEPOSITOR UNDER SECTION 73 (4) OR 76(2) OR BY COMPANY U/S 74(2) OR BY DEBENTURE HOLDER OR DEBENTURE TRUSTEE UNDER SECTION 71 (10) OF THE ACT OR SECTION 45QA OF THE RESERVE BANK OF INDIA ACT, 1934 (*delete whichever is not applicable) [HEADING AS IN FORM NO. 4] Company Petition No. of 20.... IN THE MATTER OF THE SECTION 73 (4) OR 76 (2) OR 74(2) OR SECTION 71 (10) OF THE ACT OR SECTION 45QA OF THE RESERVE BANK OF INDIA ACT, 1934 AND IN THE MATTER OF (State the name of the Depositor or Company or Debenture Holder or Debenture Trustee-applicant) AND IN THE MATTER OF LIMITED (State the name of the company) (i) Name and address of the Depositor/ Debenture holder-applicant: (ii) Name of the company and address of its Registered Office: (iii) Name(s) of Depositor (s)/ company Debenture holder/ Debenture Trustee (s) with full address: ....
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............... is.. The said petition/ satisfies the admission related conditions stipulated in section 245 and has been admitted. It is fixed for hearing before the Bench on The petition has been filed on the following grounds....... The petition seeks the following relief............. The members of the class for the purpose of this class action petition shall mean....If you belong to the class in relation to which this Application has been filed, you will be bound by the outcome of this Application, unless you decide to opt-out from the proceedings by submitting the relevant form to the following address.............. subject to the Tribunal's permission. Signature: Date: Place: (Registrar, National Company Law Tribunal, ......Bench) 92 | Page FORM NCLT-14 BEFORE THE NATIONAL COMPANY LAW TRIBUNAL [See Rule 128] Certification when deponent is unacquainted with the language of the affidavit or is blind or illiterate. Contents of the affidavit were truly and audibly read over/translated into language known to the deponent and he seems to have understood the same and affixed his LTI/Signature/Mark. (Signature) ....
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.... Case appeale d Responde COURT NCLAT against TE nt $1. No ch of record to NCLAT Name of Appe Interim the al Directio Applicant dispat receip dismi ssed allow ed with Date of Final order n In the t of record from NCLAT If any, with date appeal with date date Direction If any, for complianc e by the Steps Taken for complian ce Tribunal 97 Page Remark ANNEXURE-B LIST OF DOCUMENTS TO BE ATTACHED WITH A PETITION OR APPLICATION S.No. Section of Nature of Petition the Act 1. 2. Application for change Sec. 2 (41) in financial year Application to Tribunal where company has been incorporated by furnishing false or incorrect info or by any fraudulent action. Sec. 7 (7) 3. Sec. 14 (1) Conversion of public company into a private company. Enclosures to the Petition 1.Copy of the memorandum and articles of association. 2. Copy of balance sheet of companies. 3. Affidavit verifying the petition. 4. Bank draft evidencing payment of application fee. 5. Memorandu....
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....atnama, as the case may be. 9. Two extra copies of the petition. Where the petition is made by any other person. 1. Documentary evidence in support of the statements made in the petition including the copy of the letter written by the petitioner to the company for purpose of registering the transfer of, or the transmission of the right to, any share, or interest in, or debentures as also a copy of the letter of refusal of the company. 2. Copies of the documents returned by the company. 3. Any other relevant document. Affidavit verifying the 4. petition. 100 | Page 6. 7. Sec. 61 (1) Application to Tribunal for consolidation and division of share capital. Application by deposition for 5. Bank draft evidencing payment of application fee. 6. Memorandum of appearance with copy of the Board's Resolution or the executed Vakalatnama, as the case may be. 7. Two extra copies of the petition 1. Copies of memorandum and articles of association; 2. Copies of audited balance sheets for past 3 years; 3. Resolution for allowing such consolidation or divisi....