TaxTMI 
TaxTMI 
National Company Law Tribunal (Amendment) Rules, 2016
X X X X Extracts X X X X
X X X X Extracts X X X X
....l Gazette. 2. In the National Company Law Tribunal Rules, 2016, (hereinafter referred to as the principal rules), in "Part-I", for the heading, "Definitions, forms and etc.", the heading "Definitions and forms etc.' shall be substituted; 3. In the principal rules, in rule 2,- (a) in clause (5), the words "interlocutory application" shall be omitted; (b) in clause (9), in sub-clause (d), for the words "or a chartered accountant or a cost accountant or a company secretary", the words "or a chartered accountant in practice or a cost accountant in practice or a company secretary in practice" shall be substituted. 4. In the principal rules, after rule 23, the following rule shall be inserted, na....
X X X X Extracts X X X X
X X X X Extracts X X X X
....le (2), the following Explanation shall be inserted, namely Explanation.-For the purposes of sub-rules (l) and (2), the term "courier" means a person or agency which delivers the document and provides proof of its delivery. 8. In the principal rules, after rule 38, the following Rule shall be inserted, namely : - "38A. Multiple remedies - A petition shall be based upon a single cause of action and may seek one or more reliefs provided that the reliefs are consequential to one another.". 9. In the principal rules, after rule 68, the following rule shall be inserted, namely "68A. Application to cancel variation of rights under sub-section (2) of section 48.- (1) Where an application to cancel a variation....
X X X X Extracts X X X X
X X X X Extracts X X X X
....o the variation or who voted against the resolution, and the number of shares held by them; (g) the date on which the consent was given or the resolution was passed; and (h) the reasons for opposing the variation. (3) The applicant shall at least fourteen days before the date of the filing of the petition advertise the application in accordance with rule 35. (4) Where any objection of any person whose interest is likely to be affected by the proposed application is received by the applicant, a copy thereof shall be served to the Registrar of Companies and Regional Director on or before the date of hearing. (5) On any application, the Tribunal, after hearing the applicant and any other person, as appears to it, to be int....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n the principal rules, in rule 112, in sub-rule (3), after the words, "shall be paid by means or, the words, "an Indian Postal Order or by" shall be inserted. 15. In the principal rules, in the Schedule of Fees, in serial number 10, under the heading 'Nature of application/ petition', for the word, "deposition" the word, "depositor" shall be substituted. 16. In the principal rules, in Annexure 'A' (a) for Form No. NCLT. 3, the following Form No. NCLT. 3 shall be substituted, namely:- Download PDF 17. In the principal rules, in the Annexure B, - (a) in serial number 7, under the heading 'Nature of Petition', for the word "deposition" the word "depositor" shall be substituted; (b) in serial number 8, u....
X X X X Extracts X X X X
X X X X Extracts X X X X
....opy of the Board resolution or the vakalatnama, as the case may be; 9. Three copies of the petition; and 10. Any other documents in support of the case. F No 1/30/2013-CL-V (Amardeep Singh Bhatia) Joint Secretary ============= Document 1 statutory regulatory body or authority or any person concerned may file an application in Form No. NCLT. 9 for re-opening of books of accounts and for re-casting of financial statement of a company under section 130 of the Act and such application shall be accompanied by such documents as mentioned in Annexure-B.". 13. In the principal rules, after rule 83, the following rule shall be inserted, namely:- "83A. Application under sub-section (1) of section 244.- A....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e following reasons: (Insert a concise statement of the circumstances, and the particulars of the request) 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 Signatory 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/AAIFR/HC) No. Matters from the CLB/BIFR/AAIFR/HC For Other matters : ·} Rehab. Petition No. Transfer Petition (CP. No. OR Company Petition No. (b) after Form No. NCLT 3B, the following Form shall be inserted, namely:- "F....