Institution of proceedings, Petition, Appeals – Procedure

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; 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 the authority against which it is preferred. Appeal or petition or application or counter or objections 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.

Where saka or other dates are used, corresponding dates of Gregorian Calendar shall also be given. Full name, percentage, age, description of each party and address and in case a party sues or being sued in a representative character, shall also be set out at the beginning of the appeal or petition or application and need not be repeated in the subsequent proceedings in the same appeal or petition or application. The names of parties shall be numbered consecutively and a separate line should be allotted to the name and description of each party. These numbers shall not be changed and in the event of the death of a party during the pendency of the appeal or petition or matter, his legal heirs and representative, of the company as the case may be, if more than one shall be shown by sub-numbers. Where fresh parties are brought in, they may be numbered consecutively in the particular category, in which they are brought in. Every proceeding shall state immediately after the cause title the provision of law under which it is preferred.

Particulars to be set out in the address for service

The address for service of summons shall be filed with every appeal or petition or application or caveat on behalf of a party and shall as far as possible certain the following items namely:-

• The name of the road, street, lane and Municipal Division or Ward, Municipal Door and other number of house;
• The name of the town or village;
• The post office, postal district and PIN Code of registered office of the company and
• Any other particulars necessary to locate and identify the addresses such as fax number, mobile number, valid e-mail address, if any;

Initialing alteration

Every interlineations, eraser or correction or deletion in any appeal or petition or application or document shall be initialed by the party or his authorized representative presenting it.

Presentation of petition or appeal

Every petition, application, caveat, interlocutory application, documents and appeal shall be presented in triplicate by the appellant or applicant or petitioner or respondent, as the case may be, in person or by his duty authorized 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. Every petition or application or appeal of the company may be accompanied by documents duly certified by the authorized representative or advocate filing the petition or application or appeal duly verified from the originals. 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. 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. In the pending matters, all applications shall be presented after serving copies thereof in advance on the opposite side or his authorized representative. The processing fee prescribed by these rules, with required number of envelopes of sufficient size and notice forms shall be filled along with memorandum of appeal.

Presentation of joint petition

The bench may permit more than more than one person to join together and present a single petition of the company if it is satisfied, having regard to the cause of action and the nature of relief prayed for, that they have a common interest in the matter. Such permission shall be granted where the joining of the petitioners by a single petition is specifically permitted by the Act.

Number of Copies to be filed

The appellant or petitioner or applicant or respondent shall file three authenticated copies of appeal or petition or application or counter or objections of the company, as the case may be, and shall deliver one copy to each of the opposite party.

Lodging of caveat

Any person may lodge a caveat in triplicate in any appeal or petition or application that may be instituted before this Tribunal by paying the prescribed fee after forwarding a copy by registered post or serving the same on the expected petitioner or appellant and the caveat shall be in the Form no. NCLT 3C and contain such details and particulars or orders or directions, details of authority against whose orders or directions the appeal or petition or application is being instituted by the expected appellant or petitioner or applicant which full address for service on other side, so that the appeal or petition or application could be served before the appeal or petition or interim application is taken up. Provided, that the Tribunal may pass interim orders in case of urgency. The caveat shall remain valid for a period of ninety days from the date of filing.

Endorsement and Verification

At the foot of every petition or appeal or pleading there shall appear the name and signature of the authorized representative. Every petition or appeal shall be signed and verified by the party concerned in the manner provided by these rules.

Translation of document

A document other than English language intended to be used in any proceeding before the Tribunal shall be received by the companies Registry accompanied by a copy in English, which is agreed to by both the parties or certified to be a true translated copy of authorized representative engaged on behalf of parties in the case or if the authorized representative engaged in the case authenticates such certificate or prepared by a translator approved for the purpose by the Registrar on payment of such charges as he may order. Appeal or petition or other proceeding shall not be set down for hearing until and unless all parties confirm that all the documents filed on which they intend to rely are in English or have been translated into English and required number of copies is filed into Tribunal.

Endorsement and scrutiny of petition or appeal or document

The person in charge of the filing the counter statement 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 dairy number which shall be entered below the date stamp and thereafter cause it to be sent for scrutiny. 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.

The Registrar may for sufficient cause return the said document for rectification or amendment to the party filing the same, and for this purpose may allow to the party concerned such reasonable time as he may consider necessary or extend the time for compliance. Where the party fails to take any step for the removal of the defeat within the time fixed for the same, the Registrar may, for reasons to be recorded in writing, decline to register the pleading or document.

Registration of proceedings admitted

On admission of appeal or petition or caveat or application, the same shall be numbered and registered in the appropriate register maintained in this behalf and its number shall be entered therein.

Calling for records

On the admission of appeal or petition or application the Registrar shall, if so directed by the Tribunal, call for the records relating to the proceedings from any adjudicating authority and re transmit the same.

Production of authorization for and on behalf of an association

Where an appeal or application or petition or other proceedings purported to be instituted by or on behalf of an association, the person or persons who signs or verify the same shall produce along with such application, for verification by the Company Registration Registry, a true copy of the resolution of the association empowering such persons 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.

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 maters shall be in prescribed form and the requirements prescribed in that behalf shall be complied with by the applicant, besides filing an affidavit supporting the application.

Procedure on production of defaced, torn or damaged documents

When a document produced along with any pleading appears to be defaced, tom or in any way damaged or otherwise its condition or appearance requires special notice, a mention regarding its condition and appearance shall be made by the party producing 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.

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