TaxTMI 
TaxTMI 
National Company Law Appellate Tribunal Rules, 2016
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....ed representative" means a person authorised in writing by a party to present his case before the Appellate Tribunal as provided under section 432 of the Act; (e) "form" means a form set forth in Annexure 'A' to these rules. (f) "interlocutory application" means an application in any appeal already instituted in the Appellate Tribunal, but not being a proceeding for execution of the order or direction of the Appellate Tribunal; (g) "party" means a person who prefers an appeal before the Appellate Tribunal and includes respondent of any person interested in the appeal; (h) "Registrar" means the Registrar of the Appellate Tribunal; (i) "section" means a section of the Act; (j) All other words and expressions used in these rules but not defined herein and defined in the Act and National Company Law Tribunal Rules, 2016 shall have the meanings respectively assigned to them in the Act and in the said rules. 3. Computation of time peri....
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....les shall be deemed to limit or otherwise affect the inherent powers of the Appellate Tribunal to make such orders or give such directions as may be necessary for meeting the ends of justice or to prevent abuse of the process of the Appellate Tribunal. 12. Calendar - The Calendar of days of working of Appellate Tribunal in a year shall be as decided by the Chairperson and Members of the Appellate Tribunal. 13. Listing of cases - All urgent matters filed before 12 noon shall be listed before the Appellate Tribunal on the following working day, if it is complete in all respects as provided in these rules and in exceptional cases, it may be received after 12 noon but before 3.00 P.M. for listing on the following day, with the specific permission of the Appellate Tribunal or Chairperson. 14. Power to exempt - The Appellate Tribunal may on sufficient cause being shown, exempt the parties from compliance with any requirement of these rules and may give such directions in matters of practice and procedure, as it may consider just and expedient on the application moved in this behalf to render substantial justice. 15. Power to extend time - The Appellate Tribunal may extend the....
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....e spacing on one side of standard paper with an inner margin of about four centimeters 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 "In the National Company Law Appellate Tribunal" and also set out the proceedings or order of the authority against which it is preferred. (3) Appeal shall be divided into paragraphs and shall be numbered consecutively and each paragraph shall contain as nearly as may be, a separate fact or allegation or point. (4) Where Saka or other dates are used, corresponding dates of Gregorian calendar shall also be given. (5) Full name, parentage, description of each party and address and in case a party sue or being sued in a representative character, shall also be set out at the beginning of the appeal and need not be repeated in the subsequent proceedings in the same appeal. (6) The names of parties shall be numbered consecutively and a separate line should be allotted to the name and description of each party and these numbers shall not be changed and in the event of the death of a party during the pendency of the appea....
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....e filled along with memorandum of appeal. 23. Number of copies to be filed - The appellant or petitioner or applicant or respondent shall file three authenticated copies of appeal or counter or objections, as the case may be, and shall deliver one copy to each of the opposite party. 24. Endorsement and verification - At the foot of every appeal or pleading there shall appear the name and signature of the authorised representative and every appeal or pleadings shall be signed and verified by the party concerned in the manner provided by these rules. 25. Translation of document - (1) A document other than English language intended to be used in any proceeding before the Appellate Tribunal shall be received by the Registry accompanied by a copy in English, which is agreed to by both the parties or certified to be a true translated copy by the authorised representative engaged on behalf of parties in the case. (2) The Registrar may order translation, certification and authentication by a person approved by him for the purpose on payment of such fee to the person, as specified by the Chairperson. (3) Appeal or other proceeding shall not be set down for hearing until and u....
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....ere an appeal purported to be instituted by or on behalf of an association, the person who signs or verifies the same shall produce along with such appeal, for verification by the Registry, a true copy of the resolution of the association empowering such person to do so: Provided that the Registrar may at any time call upon the party to produce such further materials as he deems fit for satisfying himself about due authorization: Provided further that it shall set out the list of members for whose benefit the proceedings are instituted. 31. Interlocutory applications - Every interlocutory application for stay, direction, condonation of delay, exemption from production of copy of order appealed against or extension of time prayed for in pending matters shall be in Form NCLAT-2 and the requirements prescribed in that behalf shall be complied with by the applicant, besides filing a affidavit supporting the application. 32. 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 ....
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.... 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 any Member of the Bench, the Registrar shall, unless otherwise directed, adjourn the cases posted before that Bench to a convenient date. (3) The adjournment or posting or directions shall be notified on the notice board. Part-V RECORD OF PROCEEDINGS 35. Diaries - (1) Diaries shall be kept by the clerk-in-charge in such form as may be specified by the Registrar in each appeal and they shall be written legibly. (2) The diary in the main file shall contain a concise history of the appeal, the substance of the order passed thereon and in execution proceedings it shall contain a complete record of all proceedings in execution of order or direction or rule and shall be checked by the Deputy Registrar and initialed once in a fortnight. 36. Order sheet - (1) Order sheet shall be maintained in every proceedings by the Court Master and shall contain all orders passed by the Appellate Tribunal from time to time . (2) All orders passed by the Appellate Tribunal shall be in English and the same shall be si....
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.... list and take immediate steps to communicate the directions or orders of the Court. Part VI Maintenance of Registers 41. Registers to be maintained - The following Registers shall be maintained and posted on a day to day basis by the Registry of the Appellate Tribunal by such ministerial officer or officers as the Registrar may, subject to any order of the Chairperson, direct:- (a) register of appeals; (b) register of unnumbered appeals; and (c) register of Interlocutory applications; 42. Arrangement of records in pending matters - The record of appeal shall be divided into the following four parts and shall be collated and maintained. (a) Main file: (Appeal being kept separately); (b) miscellaneous application file; (c) process file; and (d) execution file 43. 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)....
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....pplication is issued by the Appellate Tribunal, copies of the same, the affidavit in support thereof and if so ordered by the Appellate Tribunal the copy of other documents filed therewith, if any, shall be served along with the notice on the other side. (2) The copies of the documents referred to sub-rule (1) shall show the date of presentation of the appeal 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 Appellate Tribunal may order for issuing notice in appropriate cases and also permit the party concerned for service of said notice on the other side by Dosti and in such case, deliver the notice to such party and it is for such party to file affidavit of service with proof. 49. 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 petitions or applications by registered post or courier service and file affidavit of service with its proof of acknowledgement befor....
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....ellant or petitioner or their authorised representatives, as the case may be. Part VIII FEE FOR APPEAL, PROCESS FEE AND AWARD OF COSTS 55. Fee - (1) Fee for filing appeal or interlocutory application, and process fee shall be, as prescribed in the Schedule of fee to these rules. (2) The fee and process fee shall be deposited by separate demand draft or Indian Postal Order favouring the Pay and Accounts Officer, Ministry of Corporate Affairs, payable at New Delhi. (3) The Appellate Tribunal may, to advance the cause of justice and in suitable cases, waive payment of such fee or portion thereof, taking into consideration the economic condition or indigent circumstances of the petitioner or appellant or applicant or such other reason, as the case may be. 56. Award of costs in the proceedings - (1) Whenever the Appellate Tribunal deems fit, it may award cost for meeting the legal expenses of the respondent or defaulting party. (2) The Appellate Tribunal may in suitable cases direct appellant or respondent to bear the cost of litigation of the other side, and in case of abuse of process of court, impose exemplary costs on defaulting party. Part IX INS....
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....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. 62. 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 X Appearance of authorised representative 63. Appearance of authorised representative - Subject to provisions of Section 432 of the Act, a party to any proceedings or appeal before the Appellate Tribunal may either appear in person or authoise one or more chartered accountants or company secretaries of cost accountants or legal practitioners of any other person to present his case before the Appellate Tribunal. 64. Proof of engagement  ....
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.... 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 documents the production of which is sought, the relevancy of the documents 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 addressed to the concerned Head of the Department or such other authority as may be specified by the Appellate Tribunal. 74. Suo motu summoning of documents - Notwithstanding anything contained in these rules, the Appellate Tribunal may, suo motu, issue summons for production of public document or other documents in the custody of a public officer in Form NCLAT-6. 75. Marking of documents - (1)The documents when produced shall be marked as follows: (a) if relied upon by the appellant's or petitioner's side, ....
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.... (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, and if not satisfied, a note to the effect be appended at the bottom of the deposition. 83. Numbering of witnesses - The witnesses called by the applicant or petitioner shall be numbered consecutively as 'PWs' and those by the respondents as 'RWs'. 84. Grant of discharge certificate - Witness discharged by the Appellate Tribunal may be granted a certificate in Form IMCLAT-8 by the Registrar. 85. Witness allowance payable - (1) Where the Appellate 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 for payment of Travelling Allowance and Daily Allowance by the employer to the person summoned to give evidence or to produce documents, he shall be entitled to be paid as allowance, (a sum found by the Registrar sufficient to defray the traveling and other expe....
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....f Chairperson and Members was pronounced in open court on behalf of the Bench . 93. Authorizing any Member to pronounce order - (1) If the Members of the Bench who heard the case are not readily available or have ceased to be Members of the Appellate Tribunal, the Chairperson may authorise any other Member to pronounce the order on his behalf after being satisfied that the order has been duly prepared and signed by all the Members who heard the case and the order pronounced by the Member so authorised shall be deemed to be duly pronounced. (2) 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 Appellate Tribunal who heard the case, it shall be deemed to have been released from part-heard and listed afresh for hearing. 94. Making of entries by Court Master - Immediately on pronouncement of an order by the Appellate Tribunal, the Court Master shall make necessary endorsement on the case file regarding the....
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.... a consolidated index shall also be prepared and kept in a separate file in the library. (4) The Order folders and the indices may be made available for reference in the library to the legal practitioners. Part XV SUPREME COURT ORDERS 100. Register of Special Leave Petitions/Appeal - (1) A Register in Form NCLAT-9 shall be maintained in regard to Special Leave Petitions or Appeals against the orders of the Appellate Tribunal to the Supreme Court and necessary entries therein be promptly made by the Judicial Branch. (2) The register shall be placed for scrutiny by the Chairperson in the first week of every month. 101. Placing of Supreme Court orders before Appellate Tribunal - Whenever an interim or final order passed by the Supreme Court of India in an appeal or other proceeding preferred against a decision of the Appellate Tribunal is received, the same shall forthwith be placed before the Chairperson or Members for information and kept in the relevant case file and immediate attention of the Registrar shall be drawn to the directions requiring compliance. 102. Registrar to ensure compliance of Supreme Court orders - It shall be the duty of the Registrar....
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....e appeal are as set out hereunder: (i) Postal address including PIN code (ii) Phone number (iii) E-mail (iv) Fax Number (v) Mobile Number (vi) Address of Counsel with Phone number, Fax number, e-mail and mobile number. 5. Jurisdiction of the Appellate Tribunal The appellant declares that the subject matter of the appeal is within the jurisdiction of this Tribunal. 6. Limitation The Appellant/s declare that the appeal is within the period specified in sub-section (3) of section 421 of the Act. {Explain how the appeal is within the period prescribed in case the appeal is preferred after the expiry of 45 days from the date of order/direction/decision against which this appeal is preferred}. In case the appeal barred by limitation, the number of days of delay should be given along with interlocutory application for condonation of delay. 7. Facts of the case The facts of the case are given below: (Give here a concise statement of facts in a ch....
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....g after serving the copy of the same on Respondents. 19. Whether the copy of memorandum of appeal with all enclosures has been forwarded to all respondents and all interested parties, if so, enclose postal receipt/courier receipt in addition to payment of prescribed process fee. 20. Any other relevant or material particulars / details which the appellant(s) deems necessary to set out: 21. Reliefs Sought In view of the facts mentioned in para 7 above, points in dispute and questions of law set out in Para 8, the appellant prays for the following relief (s): (a) (b) (c) Dated at . . . . . . . . this . . . . . . . . day of . . . . . 200. Counsel for Appellant(s) Appellant (s) DECLARATION BY APPELLANT The appellant(s) above named hereby solemnly declare (s) that nothing material has been concealed or suppressed and further declare(s) that the enclosures and typed set of material papers relied upon and filed herewith are true copies of the original(s)/fair reproduction of the originals / true translatio....
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....advice and that I have not suppressed any material facts. Date: Place : Signature of the appellant or authorized officer FORM NCLAT-3 [See Rule 59] Pending/Disposed of IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL New Delhi Application No. in of 20 . . . . . . . . . Applicant/s/3rd party/Appellant/Petitioner vs Respondent/s Application for Inspection of Documents/Records under Rule 60 I hereby apply for grant of permission to inspect the documents/records in the above case. The details are as follows :- 1. Name and address of the person seeking inspection: . . . . . . . . . . . . 2. Whether he is a party to the case/his Legal Practitioner and if so, his rank therein. . . . . 3. Details of the papers/documents sought to be inspected . . . . . . . 4. Reasons for seeking the Inspection . . . . . . . . . 5. The date and duration of the inspection sought for . . . . . 6. Whether fee is paid and if so, the mode of payment . . . . . . 7. If a third party, whether a vakalat has been filed with Court Fee Stamp . . . . . Verif....
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.... . . . Respondent/s (By Legal Representative Shri . . . . . ) Under Section 424 of the Companies Act, 2013 r/w corresponding power vested under C.P.C. Whereas the Tribunal suo motu or on consideration of the request made by Shri/ Smt/M/s. . . . ( Appellant) having been satisfied that production of the following documents or records under your control or custody is necessary for proper decision of the above case, you are hereby directed to cause production of the said documents/records before this Tribunal /forward duly authenticated copies thereof on or before the . . . .. day of 20 . . . (Enter description of documents requisitioned) "By Order of Tribunal " Registrar Date: FORM NCLAT-7 [See Rule 82] IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHI Appeal/Petition No. . . . . . .of 20 . . . . Deposition of PW/RW 1. Name : 2. Father's/Mother's/Husband's Name : 3. Age : 4. Occupation : 5. Place of Residence and address : 6. Name of the Officer administering the Oath / affirmation : &nbs....