National Company Law Tribunal (Amendment) Rules, 2016

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....ny 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, namely: - "23A. Presentation of joint petition. - (1) The Bench may perm....

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....erm "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 of the rights attached to the shares of any class is made on behalf of the shareholders of that class entitled to apply for cancellation under sub-....

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....sed; 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 interested in the application, may, if it is satisfied, having regard to all the circumstances of the case that the variation would unfairly prejudice to the shareholders of t....

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....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, under the heading 'Enclosures to the Petition', in para 2, the word "small" shall be omitted; (c) after serial number 12, following serial number and entries relating thereto shall be inserted, namely;- S. ....

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.... 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.- An application in Form No. NCLT. 9 may be filed before the Tribunal for waiver of requirement of clause (a) or (b) of Section 244 of the Act which shall be accompanied by such documents as mentioned in Annexure-B.". 14. In the principal rules, in rule 112, in sub-rule (3), after th....

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....ribed 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:- "FORM No. NCLT 3-C [see rule 25] Before the National Company Law Tribunal (Caveat No. of 20 ) 7 Heading as in FORM No. NCLT 4. Memorandum of Caveat 1. Set out details of the order against which appeal or application or petition is expected. 2. a) b) Address for service on the caveator Address for service on the Counsel for the caveator 3. Specify the authority who passed the order with reference number and ....