TaxTMI 
TaxTMI 
2026 (6) TMI 1154
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....e For the Respondent : None ORDER Oral: Justice Sharad Kumar Sharma, Member (Judicial) A very peculiar and distinct issue that engages consideration in these two company appeals is that the Appellant, who happens to be the petitioner of the company petitions, questions the propriety of the impugned order rendered by the Ld. NCLT (Single Member) in the appeals that were preferred by the Appellants, by invoking the provisions contained under Rule 63 of the NCLT Rules, 2016, as against the objection raised by the Registry of the Ld. NCLT at the stage of scrutiny of the respective company petitions. 2. The provisions of Rule 63 of the NCLT Rules, 2016 reads as under: - "63. Presentation and scrutiny of petitions or appli....
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.... Rules, 2016, which would constitute to be single member, as it doesn't engage any judicial determination of any right or liabilities of parties to the proceedings. 4. The procedure of the scrutiny as per Part III, as contained under Rule 63 of the NCLT Rules, 2016, particularly, the law specifies only the endorsement of the "scrutiny" of a petition, appeal or documents, as contemplated under Rule 28 (3) of the NCLT Rules, 2016, wherein it provides that, when there is a failure on part of the Appellant to rectify the defects raised on scrutiny, the Registrar for sufficient cause may return the said document for rectification or amendment to the party filing the same, granting him reasonable time thereof to rectify such defects, and that ....
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....tinent to note that, as per Rule 17 of the NCLT Rules, 2016, there is no such power vested with the Registrar of NCLT to decide a question of law affecting merits of a company petition filed before the concerned NCLT. Further, it doesn't contemplate or confer the power on the Registrar to adjudicate upon any issue, which is legal in nature dealing with the question of maintainability or any question as regards to that of rights of the parties, while passing an order of either registering or refusing to register a petition / appeal. 7. This could be further elaborated that, since the power of adjudication has not been contained under Rule 17 of the NCLT Rules, 2016, it cannot be self-ordained, and accordingly the Registrar cannot take a c....
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....lding of the requisite percentage of shares by the shareholder who intends to file a petition, i.e., the Appellants herein, would not be an absolute bar under the statute, for the reason being that, the law itself carves out an exception, in the light of the provisions and exceptions contained under Section 244 of the Companies Act, 2013, where any aspect of maintainability of a petition, requires a judicial interpretation and it entails adjudication based upon the stipulations contained under Section 244 of the Companies Act, 2013, and the circumstances of the case as the case at hand is. It couldn't have been decided by the Registrar, who in accordance with the powers vested with him under Rule 17 of the NCLT Rules, 2016, was not competen....