AI Drafter 
TaxTMI 
TaxTMI 
National Company Law Tribunal Rules, 2016
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....itioner 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; (9) "certified" means in relation to a copy ....
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....o 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 Tribunal and includes such other officer of the Tribunal or Bench to whom the powers and functions of the Registrar is del....
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....h 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 Tribunal: Provided that the Registrar may allow any other officer of the Tribunal to remove any official paper or record for administrative purposes f....
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....les 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, 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 ....
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....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 stitched together in paper book form; (2) The cause title shall state "Before the National Company Law Tribunal" and shall specify the Bench to which it is presented and also set out the proceedings or order of the authority against which it is preferred. (3) Appeal or petition or application or counter or objections shall b....
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....ented 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) Sufficient number Of copies of the appeal or petition or application shall also be filed for service on the opposite party as prescribed under these rules. (5) In the pending matters, all applications shall be presented after serving copies thereof in advance on the opposite side or his authorised representative. (6) The processing fee prescribed by these rules, with required nu....
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....ed 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) If, on scrutiny, the appeal Or petition or application or document is found to be defective, such document shall, after notice to the party, be returned for compliance and if there is a failure to comply within seven days from the date of return, the same shall be placed before the Registrar who may pass appropriate orders. (3) The Registrar may for sufficient cause return the said document for rectif....
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....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. NCLT.2 and in case of an interlocutory application, the same shall be filed in Form NO. NCLT. 1 accompanied by such attachments thereto along with Form No. NCLT. 3. (4) Every petition or application including interlocutory application shall be verified by an affidavit in Form No. NCLT.6. Notice to be issued by the Tribunal to the opposite party shall be in Form NCLT-5. 35. Advertisement detailing petition.- (1) Where any application, petition or....
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....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-rule (2) shall deposit all payments received by way of Indian postal order or demand draft or cash in the Bank account of the Tribunal. 37. Notice to Opposite Party.- (1) The Tribunal shall issue notice to the respondent to show cause against the application or petition on a date Of hearing to be specified in the Notice. Such notice in Form No. NCLT.5 shall be accompanied by a copy of the application with supporting documents. (2) If the respondent does not appear on the date specified in the n....
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....ed 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 natural justice, it may order cross -examination of any deponent on the points Of conflict either through information and communication facilities such as video conferencing or otherwise as may be decided by the Tribunal, on an application moved by any party. (3) Every affidavit to be filed before the Tribunal shall be in Form No. NCLT.7. 40. Production of additional evidence before the Bench. - (1) Notwithstanding anything contained in rule 39, the parties to the proceedings shall not be entitled to produce before the Bench ad....
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....he 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) for ascertaining any information which, in the opinion of the Bench, is necessary for the purpose of enabling it to pass orders in the petition or application. (2) Without prejudice to sub-rule (1), the Bench may, for the purpose of inquiry or investigation, as the case may be, admit such documentary' and other mode of recordings in electronic form including e-mails, books of accounts, book or paper, written communications, statements, contracts, electronic certificates and such other similar mode Of transactions as may legally be permitted to take into accoun....
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....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 register of interns maintained by the Bench. (2) An authorised representative desirous of registering his intern shall make a petition or an application to the Registrar in Form NCLT 10 and on such application being allowed by the Registrar, his name shall be entered in the register of interns. 47. Oath to the witness.- The Bench Officer or the Court Officer, as the case may be, shall administer the following oath to a witness:- "l do swear in the name of God / solemnly affirm that what I shall state shall be the truth and nothing but the truth." 48. Consequence of no....
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.... 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 travelling and daily allowance sufficient to defray the travelling and other expenses as may be determined by the Registrar which shall be deposited by the party as decided by the Registrar. 53. Substitution of legal representatives.- (1) Where a party to a proceeding pending before a Bench dies or is adjudged insolvent or, in the case of a company, being wound up, the proceeding shall not abate and may be continued by or against the executor, administrator or other legal representative of the parties Or by Or against the assignee, receiver Or liquidator, as the case may be. (2) In the case Of death of a party du....
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....ontained 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, under sub-rule (1), the Registrar shall issue a show cause notice giving not less than fifteen days asking for submission of the explanation in writing within the period stipulated in the notice. (3) The Bench shall, on receipt of the explanation, and after oral hearing if granted, proceed to decide the matter of imposition of penalty on the facts and circumstances of the case. PART-V Issuance of Orders and Disposal of Cases 60. Matters relating to the Judgments or Orders of the Tribunal.- (1 ) Once the final text of the judgment has been approved and adopted, the judgment shall be signed and dated by the President or the concerned Membe....
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....p; 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 of the Bench designated by the President, and whose decision thereon shall be final. PART- VII Procedures in respect Of matters earlier dealt by other quasi-judicial bodies, courts and tribunals 64. Matter earlier dealt by Company Law Board.- (1) Notwithstanding anything contained in any other law for the time being in force, an original civil action or case arising out of the Act, or any other corresponding provision of the Companies Act, 1956 or Reserve Bank of India Act, 1934 is filed or pending before the Company Law Board on the date on which the Tribunal is constituted, and the relevant provisions of the Act dealing with the Tribunal have been given effect, or the Company Law Board has....
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....l 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 application in physical form, then the same shall be filed accompanied with the documents or papers to be attached thereto as required to prove the case subject to the provisions of the Act, and rules hereto. (6) The same procedure shall also apply to other parties to application or petition for filing reply or counter thereto. (7) Notwithstanding the above and subject to section 434 of the Act, the Tribunal may prescribe the rules relating to numbering of cases and other procedures to be followed in the case of transfer of such matters, proceedings or cases. 65. Petition or Application under sub-section (2) of section 45QA of the Reserve Bank of India Act, ....
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....; 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 the latest practicable date preceding the date of filing of petition by not more than two months, setting forth the following details, namely:- (a) the names and address of every creditor and debenture holder of the company; (b) the nature and respective amounts due to them in respect of debts, claims or liabilities; (c) in respect of any contingent or unascertained debt or any suc....
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....ecorded 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 was given or the resolution was passed. (2) On petition under sub-section (1), the Tribunal, after hearing the petitioner and any othe....
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....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) 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 ....
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....Of debentures, all or any of the debenture holders concerned, or debenture trustee; or (b) in case of deposits, all or any of the depositors concerned, or where the deposits are secured, by the deposit trustee, (2) There shall be attached to the application, a list of depositors or debenture holders, 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 holder....
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....ication under section 98 for obtaining an order for calling of a general meeting (other than Annual General Meeting) shall be made by any director or 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. 76. Inspection of minute-books Of general meeting.- Where any member has requested the company for inspection of minute-book of general meeting on 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 bee....
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....rector on behalf of the company or the aggrieved auditor to the Tribunal in Form NCLT- 1and shall be accompanied by such documents as are mentioned in Annexure (2) Where the Tribunal is satisfied on an application of the company or the aggrieved person that the rights conferred by the provisions of section 140 are being abused by the auditor, then, the copy of the representation need not be Sent and the representation need not be read out at the meeting, (3) If the application is made by the Central Government and the Tribunal is satisfied that any change of the auditor is required, it shall Within fifteen days Of receipt of such application make an order that the auditor shall not function as an auditor and the Central Government may appoint another auditor in his place. 79. Application 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....
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....s before the date fixed for the hearing. 84. Right to apply under section 245.- (1) An application under sub-section (1) of section 245, read with sub-section (3) of section 245 of the Act, shall be filled in Form NCLT-9. (2) A copy of every application under sub-rule (1) shall be served on the company, other respondents and all such persons as the Tribunal may direct. 85. Conducting a class action suit.- (1) Without prejudice to the generality of the provisions of sub-section (4) of section 245 of the Act, the Tribunal may, while considering the admissibility of an application under the said section, in addition to the grounds specified therein, take into account the following: (a) whether the class has so many members that joining them individually would be impractical, making a class action desirable; (b) whether there are questions of law or fact common to the class; (c) whether the claims or defences of the representative parties are 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) ....
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.... websites of the Tribunal and the Ministry of Corporate Affairs, the concerned Registrar of Companies and in respect of a listed company on the website of the concerned stock exchange where the company has any Of its securities listed, until the application is disposed of by the Tribunal. (2) The date of issue of the newspaper in which such notice appears shall be considered as the date of serving the public notice to all the members Of the class. (3) The public notice shall, inter alia, contain the following (a) name Of the lead applicant; (b) brief particulars of the grounds of application; (c) relief sought by such application; (d) statement to the effect that application has been made by the requisite number of members/depositors; (e) statement to the effect that the application has been admitted by the Tribunal after considering the matters stated under sub-section (4) of section 245 and these rules and it is satisfied that the application may be admitted; (f) date and time of the hearing of the said application; (g) time within which a....
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....ting, court hall number and the Coram indicating the names of the President, Judicial Member and Technical Member constituting the Bench. (3) Against the number of each case listed in the daily cause list, the following shall be shown, namely;- (a) names of the legal practitioners appearing for both sides and setting out in brackets the rank of the parties whom they represent; (b) names of the parties, if unrepresented, with their ranks in brackets. (4) The objections and special directions, if any, of the Registry shall be briefly indicated in the daily cause list in remarks column, whenever compliance is required. 90. Carry forward Of cause list and adjournment of cases on account of non-sitting of a Bench.- (1) If by reason of declaration of holiday or for any other unforeseen reason, the Bench docs not function for the day, the daily cause list for that day shall, unless otherwise directed, be treated as the daily cause list for the next working day in addition to the Cases already posted for that day. (2) When the sitting of a particular Bench is cancelled for the reason of inability of a Member of....
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.... Calling of cases in court.- Subject to the orders of the Bench, the Court Master shall call the cases listed in the cause list in the serial order. 96. Regulation of court work.- (1) When the Tribunal is holding a sitting, the Deputy Registrar shall ensure - (a) that no inconvenience or wastage of time is caused to the Bench in making available the services of Court Master or stenographer or peon or attender; (b) the Court Master shall ensure that perfect silence is maintained in and around the Court Hall and no disturbance whatsoever is caused to the functioning of the Bench and that proper care is taken to maintain dignity and decorum Of the court. (2) When the Bench passes order or issues directions, the Court Master shall ensure that the records of the case along with proceedings or orders of the Bench are transmitted immediately to the Registry and the Registry shall verify the case records received from the Court Master with reference to the cause list and take immediate steps to communicate the directions or orders of the Bench. PART XI MAINTENANCE OF REGISTERS 97. Registers to be maintai....
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....n; 102. File for miscellaneous applications.- For all miscellaneous applications there may be only one file with a title page prefixed to it and immediately after the title page, the diary, the miscellaneous applications, supporting affidavit, the order sheet and all other documents shall be filed. 103. Preservation of Record.- (1) All necessary documents and records relating to petitions or applications dealt with by the Tribunal shall be stored or maintained as provided in these rules and other physical records kept in a record room shall be preserved for a period of five years after the passing of the final order. (2) Notwithstanding anything contained in sub-rule (I) the record of the petitions or applications dealt with by the Tribunal including the orders and directions passed by the Tribunal, shall be maintained by the Registry of the Tribunal for a period of fifteen years after the passing of the final order. 104. Retention, Preservation and Destruction of Records.- (1) The Record Keeper or any other officer so designated shall be responsible for the records consigned to the Record Room. He shall scrutinize the records received by him....
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....od as ordered by the Tribunal from the date of return Of the notice on the respondent, the Registrar shall post the case before the Bench for further directions or for dismissal for non-prosecution. 109. Entries regarding service Of notice or process.- The judicial branch of the Registry shall record in the column in the order sheet 'Notes of the Registry', the details regarding completion of service of notice on the respondents, such as date of issue of notice, date of service, date of return of notice, if unserved, steps taken for issuing fresh notice and date of completion of services, etc. 110. Default of appearance of respondent and Consequences.- Where the respondent, despite effective service of summons or notice on him does not appear before the date fixed for hearing, the Tribunal may proceed to hear the appeal or application or petition ex-parte and pass final order on merits: Provided that it is open to the Tribunal to seek the assistance of any counsel as it deems fit in case the matter involves intricate and substantial questions of law having wide ramifications. 111. Filing Of objections by respondent, form and consequen....
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.... case by making an application in writing to the Registrar and by paying the fee prescribed thereof. (2) Subject to such terms and conditions as may be directed by the President by a general or special order, a person who is not a party to the proceeding, may also be allowed to inspect the proceedings after obtaining the permission of the Registrar in writing. 115. Grant of inspection.- Inspection of records of a pending or decided case before the Tribunal shall be allowed only on the order of the Registrar. 116. Application for grant of inspection.- (1) Application for inspection of record under sub- rule (l) and (2) of rule 114, shall be presented at Registry between 10.30 AM and 3.00 PM on any working day and two days before the date on which inspection is sought, unless Otherwise permitted by the Registrar. (2) The Registry shall submit the application with its remarks before the Registrar, who shall, on consideration of the same, pass appropriate orders. (3) Inspection of records Of a pending case shall not ordinarily be permitted On the date fixed for hearing of the case or on the preceding day. 117....
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.... 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 only after service of such application on the counsel already on record. 121. Restrictions on appearance.- A legal practitioner or the authorised representative as the case may be, who has tendered advice in connection with the institution Of any case or other proceeding before the Tribunal or has drawn pleadings in connection with any such matter or has during the progress of any such matter acted for a party, shall not, appear in such case or proceeding or other matter arising therefrom or in any matter connected therewith for any person whose interest is opposed to that of his former client, except with the prior permission of the Tribunal. 122. Restriction on party's right to be heard.- The party who has engaged a legal practitioner or authorised representative to appear for him before the Tribunal may be restricted by the Tribunal in making presentation before it. 123. Empanelment Of special authorised representatives by....
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....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 paper setting out the document the production of which is sought, the relevancy of the document and in case where the production Of a certified copy would serve the purpose, whether application was made to the proper officer and the result thereof. (3) A summons for production of documents in the custody of a public officer other than a court shall be in Form NCLT-15 and shall be addressed to the concerned Head of the Department or such other authority as may be specified by the Tribunal. 132. Suo motu summoning of documents.- Notwithstanding anything contained in these rules, the Tribunal may, suo motu, issue summons for production of public document or other documents in the custody of a public officer. 133....
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.... 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 respondents as RWs. 142. Grant of discharge certificate.- Witness discharged by the Tribunal may be granted a certificate in Form NCLT-17 by the Registrar. 143. Witness allowance payable.- (1) Where the Tribunal issues summons to a Government servant to give evidence or to produce documents, the person So summoned may draw from the Government travelling and daily allowances admissible to him as per rules. (2) Where there is no provision....
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....efaulting 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 for and on behalf of the Bench. (2) When an order is pronounced under this rule, the Court Master shall make a note in the order sheet, that the order of the Bench consisting of President a....
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....rder 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 side margin of 5 cm and right side....
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....ial branch. (2) The register shall be placed for scrutiny by the President 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....
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.... 244 (l) 2,500/- 27. Sec 245 Class action suits 5000/- 28. Sec. 441 Application for compounding of certain offences. 1,000/- 29. Section 421 Appeals to NCLAT 5,000/- 30. Application under any other provisions specifically not mentioned herein above 1,000 - 31. Fee for obtaining certified true copy of final order passed to parties other than the concerned parties under Rule 50 5/- per page. F. No. 1/30/2013/CL-V Amardeep Singh Bhatia Joint Secretary ============= Document 1 ANNEXURE-A (See rule 4) FORM NO. NCLT. 1 [see rules 34, 64, 66, 67, 68, 69, 70, 71, 73, 74, 75, 77, 78, 79, 80, 81, 83, 86 and 87] [HEADING AS IN FORM NCLT. 4] Columns required for filing of Original Application / Reply / Rejoinder / Interlocutory Application or filing of additional documents under directions of the Bench i. Details of Original Application / Reply / Rejoinder / Interlocutory Application Particulars of the Petitioner / Applicant/Respondent and state whether company, whether petitioner or not. (Name, description, father's / husband's name, occupation, capacity, i.e. qua shareholder, qua depositor and address) ii. Jurisdiction of the Bench: The petitio....
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.... (Name and file number of matter being considered by the National Company Law Tribunal) Name: File No: The Party named above requests that the Tribunal grant the following relief: (Insert the relief or order sought) In terms of (Insert the section of the Act, or the Rules/Regulation, that provides for the order or relief sought) For the following reasons: (Insert a concise statement of the circumstances, and the particulars of the request) 75 | Page In support of this Application, the applicant has attached an affidavit setting out the facts on which the Applicant relies. Name and Title of person signing on behalf of Applicant: Authorised Signature and Address: Tel No. Fax No. e-mail: This form is prescribed under Rule 4 under NCLT Rules, 2016. For rehabilitation : For Transferred (CLB/BIFR/AIFR/HC) No. Matters from the : CLB/BIFR/AIFR/HHC For Other matters: Rehab. Petition No. Transfer Petition (CP.No. OR...... Company Petition No. 76 Page FORM NO. NCLT. 3A Advertisement detailing petition [see rule 35] Company Petition/Application/Reference No..... of... Notice of petition A petition/application/reference under section of the Companies Ac....
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....mpany) *Notes: (1) Where the company is being wound-up, the words 'in liquidation' should be inserted in brackets after the name of the company. (2) If the application or petition or appeal is under relevant Act which should be set out in the cause title along with the Companies Act, 2013. ***** 79 Page FORM NO. NCLT. 5 [See rule 34 and 37] [HEADING AS IN FORM NCLT.4] Company Application No of 20... in Company Petition No of 20 .... *I.A. No. Name and Description.. Applicant(s). versus Respondents]. Notice ........ of.20...... [Under ................... : ] Let all parties concerned attend the sitting Member (s) in Tribunal Room No. or Chamber of HonourableMr/Mrs/Ms day of... on (day), the .... 20, at. o'clock in the noon on the hearing of an application by the applicant(s) above-named, for an order that: (Here set out the relief 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 provi....
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....ts, to be Date of Whether Payme Previous Amount Amoun Against Order any nt or applicatiwith appeal adjust on, if preferre ment any, d from order due upon if any, execut made, with the orderawarde ed if any date and or other d result relief read with clause (3) of section 424 of the Act herein below set forth: No. of granted thereby together with particula rs of any cross order/de cree. Amount of costs, if any, awarded Compan y Applicat ion/ Compan y Petition Compan y Appeal/ Misc. Compan y Applicat ion 1 2 3 4 5 6 7 8 9 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 atta....
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.... the Board of Directors/a director/... Of the above named company, and I have been a of the company since 201... [the capacity in which the deponent swears to the affidavit should be set out.] 2. I have read the petition now shown to me and state that the statements made in paragraph 1 to thereof are correct and true to my knowledge. 4. Facts of the order against which appeal or review is filed: 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....
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.... and valid email).. and residing at.... .... certify that the particulars given above are true to the best of my information and belief and that I am aware of any facts that any unethical and immoral attitude or behavior or character of 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 hol....
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....t in the said petition The respondents in that petition are............. 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. (....
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....sed 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. Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be. 1. Copy of the memorandum and articles of association. 2. Document in proof of false or incorrect information or fraudulent action. 3. Affidavit verifying the petition. 4. Bank draft evidencing payment of application fe....
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.... 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 division and providing justification for the same; 4. Documents in proof of new capital structure and class of shares being consolidated or divided; 5. Affidavit verifying the petition. 6. Bank draft evidencing payment of application fee. 7. Memorandum of appearance with copy of the Board's Resolution or the executed Vakalatnama, as the case may be. 8. Two extra copies of the application 9. Any other relevant documents. 1. Copy of the deposit receipt. repayment of deposit or 2. Copy of the correspondence Sec. 73 (4) interest. exchanged with the company. 101 | Page 8. Sec. 74 (2) 9. 1....