How to File a Case Before NCLT

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What You Need to Know Before Filing a Case in NCLT

In this Article you will learn about relevant information, procedures and suggestions essential to be known before filing a case in the NCLT.

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The procedure to file a case before the NCLT is provided as below:

PROCEDURE  

 (1) 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.

(2) 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 of the authority against which it is preferred.

(3) 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.

(4) Where Saka or other dates are used, corresponding dates of Gregorian Calendar shall also be given.

(5) Full name, parentage, 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.

(6) The names of parties shall be numbered consecutively and a separate line should be allotted to the name and description of each party.

(7) 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 or representative, as the case may be, if more than one shall be shown by sub-numbers.

(8) Where fresh parties are brought in, they may be numbered consecutively in the particular category, in which they are brought in.

(9) 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 contain the following items namely:-

(a) the name of the road, street, lane and Municipal Division or Ward, Municipal Door and other number of the house;

(b) the name of the town or village;

(c) the post office, postal district and PIN Code, and

(d) any other particulars necessary to locate and identify the addressee such as fax number, mobile number, valid e-mail address, if any.

  1. At the foot of every petition or appeal or pleading there shall appear the name and signature of the authorised representative.
  2. Once the petition or application is admitted before the NCLT, the court notifies to the parties the date and place of hearing, generally a very short date is provided by the court so keep your eyes on the daily cause list. https://nclt.gov.in/dBWeb/
  3. The Registry shall send a certified copy of final order passed to the parties concerned free of cost, it is to be noted that the order also published over the portal of NCLT and the certified copies may be made available with cost as per Schedule of fees, in all other cases.

https://taxguru.in/company-law/key-points-while-filing-petition-application-before-nclt-court.html

PRESENTATION OF PETITION OR APPEAL

(1) 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 duly authorised 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.

(2) Every petition or application or appeal may be accompanied by documents duly certified by the authorised representative or advocate filing the petition or application or appeal duly verified from the originals.

(3) 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.

(4) 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.

(5) In the pending matters, all applications shall be presented after serving copies thereof in advance on the opposite side or his authorised representative.

(6) 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.

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

NECESSARY DOCUMENTS TO BE ACCOMPANIED WITH THE APPEAL/PETITION UNDER SECTION 252 OF THE COMPANIES ACT, 2013

  1. Index of the appeal or petition;
  2. Notice of admission;
  3. Brief synopsis;
  4. Important dates and Events;
  5. Petition or application stating the grounds;
  6. Every petition/application shall be verified by an affidavit in Form No. NCLT 6 and it shall be notarised on a stamp paper of 10 rupees;
  7. The authorised representative e., Company Secretary, Chartered Accountant or Advocate shall make an appearance through the filing of Vakalatnama or Memorandum of Appearance in Form No. NCLT 12 representing the respective parties to the proceedings, it shall be notarised on a stamp paper of 20/- rupees;
  8. Certified true copy of Extract of resolution in favour of the Authorised Signatory/Authorised Representative;
  9. Power of Attorney is must as suggested by the registry for us, it should be notarised on a stamp paper of 50/- rupees;
  10. Master data of the company procured form MCA portal;
  11. Audited financials of the company filing the application/petition for defaulted period;
  12. Certificate of Incorporation, Memorandum and Article of Association of the company;
  13. Notices of RoC issued to concerned company;
  14. Demand draft of statutory fees;
  15. Any other documents like ITR, VAT, GST return, bank statement or other documents which can prove that company was operational.

STATUS OF AN ONGOING CASE  

STEP 1: – Go to NCLT Website

STEP-2: – Open status of cause list option at the heading bar. https://nclt.gov.in/exposed-status-of-cause-list-page 

STEP-3: – Date:-Day: Month: Year

STEP 4: -Select Bench (Select One Principal Bench, New Delhi Bench Court-II, New Delhi Bench Court-III, New Delhi Bench Court-IV, Registrar NCLT Ahmedabad, Bench Allahabad, Bench Bengaluru, Bench Chandigarh, Bench Chennai, Bench Guwahati, Bench Hyderabad, Bench Kolkata, Bench Mumbai, Bench Jaipur, Bench Cuttack.

External Links

  1. Form NCLT-2– Every petition, application or appeal shall be filed in Form No. NCLT.1 along with the attachment of Notice of admission in Form NCLT-2
  2. Form No. NCLT.1– Application and appeal Form
  3. Form No. NCLT.4– Title Heading for Proceeding shall be in Form No. NCLT.4. 
  4. Form No. NCLT.6– Every petition or application shall be verified by an Affidavit in Form No. NCLT.6
  5. Form No. NCLT.3– Notice of Motion shall be filed in Form No. NCLT.3
  6. Form No. NCLT-3A– Form NCLT-3A of Companies Act, 2013 is an advertisement detailing petition
  7. Form No. NCLT.12– Memorandum of appearance to the Registrar, National Company Law Tribunal
  8. Form NCLT.10– Application for the registration of an intern of an authorised representative under the rules
  9. Form No. NCLT.9– General Form for all purposes if no specific form is prescribed under these rules and Forms

Forms are accessible: https://nclt.gov.in/downloadable-form-view


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