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TMI BlogNational Company Law Appellate Tribunal Rules, 2016X X X X Extracts X X X X X X X X Extracts X X X X ..... on 432 of the Act; (e) "form" means a form set forth in Annexure 'A' to these rules. (f) "interlocutory application" means an application in any appeal already instituted in the Appellate Tribunal, but not being a proceeding for execution of the order or direction of the Appellate Tribunal; (g) "party" means a person who prefers an appeal before the Appellate Tribunal and includes respondent of any person interested in the appeal; (h) "Registrar" means the Registrar of the Appellate Tribunal; (i) "section" means a section of the Act; (j) All other words and expressions used in these rules but not defined herein and defined in the Act and National Company Law Tribunal Rules, 2016 shall have the meanings respectively assigned to them in the Act and in the said rules. 3. Computation of time period - Where a period is prescribed by the Act and these rules or under any other law or is fixed by the Appellate Tribunal for doing any act, in computing the time, the day from which the said period is to be reckoned shall be excluded, and if the last day expires on a day when the office of the Appellate Tribunal is closed, that d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Chairperson and Members of the Appellate Tribunal. 13. Listing of cases - All urgent matters filed before 12 noon shall be listed before the Appellate Tribunal on the following working day, if it is complete in all respects as provided in these rules and in exceptional cases, it may be received after 12 noon but before 3.00 P.M. for listing on the following day, with the specific permission of the Appellate Tribunal or Chairperson. 14. Power to exempt - The Appellate Tribunal may on sufficient cause being shown, exempt the parties from compliance with any requirement of these rules and may give such directions in matters of practice and procedure, as it may consider just and expedient on the application moved in this behalf to render substantial justice. 15. Power to extend time - The Appellate Tribunal may extend the time appointed by these rules or fixed by any order, for doing any act or taking any proceeding, upon such terms, if any, as the justice of the case may require, and any enlargement may be ordered, although the application therefore is not made until after the expiration of the time appointed or allowed. Part -II Powers of the Registrar 16. Powers and f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ption of each party and address and in case a party sue or being sued in a representative character, shall also be set out at the beginning of the appeal and need not be repeated in the subsequent proceedings in the same appeal. (6) The names of parties shall be numbered consecutively and a separate line should be allotted to the name and description of each party and these numbers shall not be changed and in the event of the death of a party during the pendency of the appeal, his legal heirs or representative, as the case may be, if more than one shall be shown by sub-numbers. (7) Where fresh parties are brought in, they may be numbered consecutively in the particular category, in which they are brought in. (8) Every proceeding shall state immediately after the cause title and the provision of law under which it is preferred. 20. Particulars to be set out in the address for service - The address for service of summons shall be filed with every appeal 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Registrar may order translation, certification and authentication by a person approved by him for the purpose on payment of such fee to the person, as specified by the Chairperson. (3) Appeal 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 are filed with the Appellate Tribunal. 26. Endorsement and scrutiny of petition or appeal or document (1) The person in charge of the filing-counter shall immediately on receipt of appeal or document affix the date and stamp of the Appellate 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 diary number which shall be entered below the date stamp and thereafter cause it to be sent for scrutiny. (2) If, on scrutiny, the appeal or document is found to be defective, such document shall, after notice to the party, be returne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duction of defaced, torn or damaged documents - When a document produced along with any pleading appears to be defaced, torn, 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. Part IV Cause list 33. Preparation and publication of daily cause list -(1) The Registry shall prepare and publish on the notice board of the Registry before the closing of working hours on each working day the cause list for the next working day and subject to the directions of the Chairperson, listing of cases in the daily cause list shall be in the following order of priority, unless otherwise ordered by the concerned Bench; namely; - (a) cases for pronouncement of orders; (b) cases for clarification; (c) cases for admission; (d) cases for orders or directions; (e) part-heard cases, latest part-heard having precedence; and (f) cases posted as per numerical order or as directed by the Bench; (2) The title of the daily cause list shall consist o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , put up with records, adjourned and any other order as may be directed by the Member of the Appellate Tribunal shall be signed by the Court Master. (3) The order sheet shall also contain the reference number of the appeal or petition or application, date of order and all incidental details including short cause title thereof. 37. Maintenance of diary - (1) The Court Master of the Bench concerned shall maintain legibly a Diary, wherein he shall record the proceedings of the Bench for each sitting with respect to the applications or petitions or appeals listed in the daily cause list. (2) The matters to be recorded in the Diary shall include details as to whether the case is adjourned, or part-heard or heard and disposed of or heard and orders reserved, as the case may be, along with dates of next sitting wherever applicable. 38. Statutes or citations for reference - The parties or authorised representatives shall, before the commencement of the proceedings for the day, furnish to the Court Master a list of law journals, reports, statutes and other citations, which may be needed for reference or photo copy of full text thereof. 39. Calling of cases in Bench - Subject to the ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r memo of appearance; (c) summons and other processes and affidavits relating thereof; (d) applications for summoning witness; (e) letters calling records; and (f) all other miscellaneous papers such as postal acknowledgements 45. Execution file - The execution file shall contain the following items, namely, - (a) index; (b) the order sheet; (c) the execution application; (d) all processes and other papers connected with such execution proceedings; (e) transmission of order to civil court, if ordered; and (f) result of execution; 46. File for miscellaneous applications - For all miscellaneous applications there may be only one file with a title page prefixed to it and immediately after the title page, the diary, the miscellaneous applications, supporting affidavit, the order sheet and all other documents shall be filed. 47. Destruction of record - Record of Appellate Tribunal, except permanent record, shall be ordered to be destroyed by the Registrar or Deputy Registrar after six years from the final conclusion of the proceedings after obtaining prior order of the Chairperson. Explanation: For the purpose of this rule, permanent record shall include order; appeal regis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Registry shall record in the column in the order sheet 'Notes of the Registry', the details regarding completion of service of notice on the respondents, such as date of issue of notice, date of service, date of return of notice, if unserved, steps taken for issuing fresh notice and date of completion of services etc. 53. Non-appearance of respondent and consequences - Where the respondent, despite effective service of summons or notice on him does not appear before the date fixed for hearing, the Appellate Tribunal may proceed to hear the appeal ex-parte and pass final order on merits. Provided that it is open to the Appellate Tribunal to seek the assistance of any authorised representative as it deems fit in case the matter involves intricate and substantial questions of law having wide ramifications. 54. Filing of objections by respondent, form and consequences - (l)The respondent, if so directed, shall file objections or counter within the time allowed by the Appellate Tribunal. (2) The objections or counter shall be verified as an appeal and wherever new facts are sought to be introduced with the leave of the Appellate Tribunal for the first time, the same sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submit the application with its remarks before the Registrar, who shall on consideration of the same, pass appropriate orders. (3) Inspection of records of a pending case shall not ordinarily be permitted on the date fixed for hearing of the case or on the preceding day. 60. Fee payable for inspection - Fee as given in the Schedule of the fees appended to these rules shall be payable by way of Demand Draft or Indian Postal Order to be drawn in favour of the Pay and Accounts Officer, Ministry of Corporate Affairs, New Delhi on any application for inspection of records of a pending or decided case. 61. Mode of inspection - (1) On grant of permission for inspection of the records, the Deputy Registrar shall arrange to procure the records of the case and allow inspection of such records on the date and time fixed by the Registrar between 10.30 AM and 12.30 PM and between 2.30 PM and 4.30 PM in the immediate presence of an officer authorized in that behalf. (2) The person inspecting the records shall not in any manner cause dislocation, mutilation, tampering or damage to the records in the course of inspection. (3) The person inspecting the records shall not make any marking on any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts of order XIX, rule 3 of Civil Procedure Code, 1908 (5 of 1908). 69. Persons authorised to attest - Affidavits shall be sworn or affirmed before an Advocate or Notary, who shall affix his official seal. 70. Affidavits of illiterate, visually challenged persons - Where an affidavit is sworn or affirmed by any person who appears to be illiterate, visually challenged or unacquainted with the language in which the affidavit is written shall be in Form NCLAT-5, the attestor shall certify that the affidavit was read, explained or translated by him or in his presence to the deponent and that he seemed to understand it, and made his signature or mark in the presence of the attestor. 71. Identification of deponent -If the deponent is not known to the attestor, his identity shall be testified by a person known to him and the person identifying shall affix his signature in token thereof. 72. Annexures to the affidavit - (1) Document accompanying an affidavit shall be referred to therein as Annexure number and the attestor shall make the endorsement thereon that this is the document marked putting the Annexure number in the affidavit. (2) The attestor shall sign therein and shall menti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1908 (5 of 1908), shall apply in the matter of summoning and enforcing attendance of any person and examining him on oath and issuing commission for the examination of witnesses or for production of documents. 78. Examination in camera - The Appellate Tribunal may in its discretion examine any witness in camera. 79. Form of oath or affirmation to witness - Oath shall be administered to a witness in the following form : " I do swear in the name of God/solemnly affirm that what I shall state shall be truth, the whole truth and nothing but the truth". 80. Form of oath or affirmation to interpreter - Oath or solemn affirmation shall be administered to the Interpreter in the following form before his assistance as taken for examining a witness: "I do swear in the name of God/solemnly affirm that I will faithfully and truly interpret and explain all questions put to and evidence given by witness and translate correctly and accurately all documents given to me for translation." 81. Officer to administer oath - The oath or affirmation shall be administered by the Branch Officer or Court Master. 82. Recording of deposition - (1) The deposition of a witness shall be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellate Tribunal on an appeal or proceedings before the Appellate Tribunal shall be delivered by way of Judgment. 89. Operative portion of the order - All orders or directions of the Bench shall be stated in clear and precise terms in the last paragraph of the order. 90. Corrections - The Member of the Bench who has prepared the order shall initial all corrections and affix his initials at the bottom of each page. 91. Pronouncement of order - (1) The Appellate Tribunal shall as far as possible pronounce the order immediately after the hearing is concluded. (2) When the orders are reserved, the date for pronouncement of order shall be notified in the cause list which shall be a valid notice of intimation of pronouncement. (3) Reading of the operative portion of the order in the open court shall be deemed to be pronouncement of the order. 92. Pronouncement of order by any one member of the Bench - (1) Any Member of the Appellate Tribunal may pronounce the order for and on behalf of the Bench. (2) When an order is pronounced under this rule, the Court Master shall make a note in the order sheet, that the order of the Bench consisting of Chairperson and Members was pronounced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2) Members constituting the Bench shall affix their signatures in the order of their seniority from right to left. 97. Indexing of case files after disposal - After communication of the order to the parties or legal representative, the official concerned shall arrange the records with pagination and prepare in the Index Sheet in Form no. to be prescribed by the Appellate Tribunal and he shall affix initials and then transmit the records with the Index initials to the records room. 98. Transmission of files or records or orders - Transmission of files or records of the cases or orders shall be made only after obtaining acknowledgement in the movement register maintained at different sections or levels as per the directions of the Registrar. 99. Copies of Orders in library - (1) The officer in charge of the Registry shall send copies of every final order to the library. (2) Copies of all Orders received in each month shall be kept at the library in a separate folder, arranged in the order of date of pronouncement, duly indexed and stitched. (3) At the end of every year, a consolidated index shall also be prepared and kept in a separate file in the library. (4) The Order folders ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... )/fa NEW DELHI APPELLATE JURISDICTION APPEAL NO. . . . . OF 20- CAUSE TITLE Between A.B ...............Appellant (s) And CD ...............Respondent(s) [including appropriate commission/adjudicating officer ] (with short address ) 1. Details of Appeal [Appeal under section 421 of the Companies Act, 2013 against impugned order of the National Company Law Tribunal Order dated passed under section of the Companies Act, 2013. 2. Date on which the order appealed against is communicated and proof thereof, if any. 3. The address of the appellant for service is as set out hereunder: (i) Postal address including PIN code (ii) Phone number including mobile number. (iii) E-mail (iv) Fax No. (v) Address of Legal Representative with Phone No., Fax No., e-mail 4. The address of the respondents for service of all notices in the appeal are as set out hereunder: (i) Postal address including PIN code (ii) Phone number (iii) E-mail (iv) Fax Number (v) Mobile Number (vi) Address of Counsel with Phone number, Fax number, e-mail and mobile number. 5. Jurisdiction of the Appellate Tribunal The appellant declares that the subject matter of the appeal is within t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Date. 16. List of enclosures: 1. 2. 3. 4. 17. Whether the order appealed as communicated in original is filed? If not, explain the reason for not filing the same. 18. Whether the appellant/s is ready to file written submissions/arguments before the first hearing after serving the copy of the same on Respondents. 19. Whether the copy of memorandum of appeal with all enclosures has been forwarded to all respondents and all interested parties, if so, enclose postal receipt/courier receipt in addition to payment of prescribed process fee. 20. Any other relevant or material particulars / details which the appellant(s) deems necessary to set out: 21. Reliefs Sought In view of the facts mentioned in para 7 above, points in dispute and questions of law set out in Para 8, the appellant prays for the following relief (s): (a) (b) (c) Dated at . . . . . . . . this . . . . . . . . day of . . . . . 200. Counsel for Appellant(s) Appellant (s) DECLARATION BY APPELLANT The appellant(s) above named hereby solemnly declare (s) that nothing material has been concealed or suppressed and further declare(s) that the enclosures and typed set of material papers relied upon and fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t suppressed any material facts. Date: Place : Signature of the appellant or authorized officer FORM NCLAT-3 [See Rule 59] Pending/Disposed of IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL New Delhi Application No. in of 20 . . . . . . . . . Applicant/s/3rd party/Appellant/Petitioner vs Respondent/s Application for Inspection of Documents/Records under Rule 60 I hereby apply for grant of permission to inspect the documents/records in the above case. The details are as follows :- 1. Name and address of the person seeking inspection: . . . . . . . . . . . . 2. Whether he is a party to the case/his Legal Practitioner and if so, his rank therein. . . . . 3. Details of the papers/documents sought to be inspected . . . . . . . 4. Reasons for seeking the Inspection . . . . . . . . . 5. The date and duration of the inspection sought for . . . . . 6. Whether fee is paid and if so, the mode of payment . . . . . . 7. If a third party, whether a vakalat has been filed with Court Fee Stamp . . . . . Verification: I . . . . . . . . . state that the above facts are true and correct. Place : Date: Applicant Office Use : Granted inspection for . . . . . . hours ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ol or custody is necessary for proper decision of the above case, you are hereby directed to cause production of the said documents/records before this Tribunal /forward duly authenticated copies thereof on or before the . . . .. day of 20 . . . (Enter description of documents requisitioned) "By Order of Tribunal " Registrar Date: FORM NCLAT-7 [See Rule 82] IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHI Appeal/Petition No. . . . . . .of 20 . . . . Deposition of PW/RW 1. Name : 2. Father's/Mother's/Husband's Name : 3. Age : 4. Occupation : 5. Place of Residence and address : 6. Name of the Officer administering the Oath / affirmation : 7. Name of the Interpreter if any, duly Sworn/ solemnly affirmed Duly sworn/ solemnly/ affirmed Examination-in-chief: By : Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cross examination: By . . . . . . . . . . . . . . . . . . . . . . . . Re-examination, if any: . . . . . . . . . . . . . . (Signature of the witness on each page) Statement of witness as recorded was read over/translated to the witness, who admitted it to be correct. Signature of the Member of the Appella ..... X X X X Extracts X X X X X X X X Extracts X X X X
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