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National Company Law Appellate Tribunal Rules 2016

Companies Law - F. No. 1/30/NCLAT/CL-V/2013 - Dated:- 21-7-2016 - MINISTRY OF CORPORATE AFFAIRS Notification New Delhi, the 21st , July 2016 G.S.R. 717 (E) - In exercise of the powers conferred by section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules, namely:- 1. Short title and commencement (1)These rules may be called the . (2)They shall come into force on the date of their publication in the Official Gazette. Chapter-I Definitions, forms .....

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llate Tribunal as provided under section 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 t .....

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e 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 day and any succeeding day on which the Appellate Tribunal remains closed shall also be excluded 4. Forms - The forms prescribed by these rules with such modifications or variations as the circumstances of each case may require shall be used for the purpose mentioned th .....

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ll be such, as the Central Government may from time to time specify and shall be in the custody of the Registrar. 7. Custody of the records.- The Registrar shall have the custody of the records of the Appellate Tribunal and no record or document filed in any cause or matter shall be allowed to be taken out of the custody of the Appellate Tribunal without the leave of the Appellate Tribunal. Provided that the Registrar may allow any other officer of the Appellate Tribunal to remove any official p .....

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ng hours of office - (1) The office of the Appellate Tribunal shall remain open on all working days from 09:30 A.M. to 6.00 P.M. (2) The filing counter of the Registry shall be open on all working days from 10.30 AM to 5.00 P.M. 11. Inherent powers - Noting in these rules shall be deemed to limit or otherwise affect the inherent powers of the Appellate Tribunal to make such orders or give such directions as may be necessary for meeting the ends of justice or to prevent abuse of the process of th .....

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e 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 .....

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ndment of appeal or the petition or application or subsequent proceedings. (c) receive applications for fresh summons or notices and regarding services thereof; (d) receive applications for fresh summons or notice and for short date summons and notices; (e) receive applications for substituted service of summons or notices; (f) receive applications for seeking orders concerning the admission and inspection of documents; (g) transmission of a direction or order to the civil court as directed by A .....

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on may assign or delegate to a Deputy Registrar or to any other suitable officer all or some of the functions required by these rules to be exercised by the Registrar. Part - III Institution of appeals - Procedure. 19. Procedure for proceedings - (1) Every appeal to the Appellate 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 or printed in double spacing on one side .....

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s 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, description 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 .....

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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 or village; (c) the post office, postal district and PIN Code; and (d) any other particular necessary to ident .....

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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 appeal shall be accompanied by a certified copy of the impugned order. (3) All documents filed in the Appellate 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 o .....

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authenticated copies of appeal or counter or objections, as the case may be, and shall deliver one copy to each of the opposite party. 24. Endorsement and verification - At the foot of every appeal or pleading there shall appear the name and signature of the authorised representative and every appeal or pleadings shall be signed and verified by the party concerned in the manner provided by these rules. 25. Translation of document - (1) A document other than English language intended to be used .....

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t 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 t .....

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re 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. (3) 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. (4) Where the party fails to take any step for the removal of the defect within the .....

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istrar without notice to Parties. 29. Calling for records - On the admission of appeal, the Registrar shall, if so directed by the Appellate Tribunal, call for the records relating to the proceedings from the respective Bench of Tribunal or adjudicating authority and retransmit the same at the conclusion of the proceedings or at any time. 30. Production of authorisation for and on behalf of an association - Where an appeal purported to be instituted by or on behalf of an association, the person .....

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locutory application for stay, direction, condonation of delay, exemption from production of copy of order appealed against or extension of time prayed for in pending matters shall be in Form NCLAT-2 and the requirements prescribed in that behalf shall be complied with by the applicant, besides filing a affidavit supporting the application. 32. Procedure on production of defaced, torn or damaged documents - When a document produced along with any pleading appears to be defaced, torn, or in any w .....

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ay 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; ( .....

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he parties whom they represent; (b) names of the parties, if unrepresented, with their ranks in brackets. (4) the objections and special directions, if any, of the Registry shall be briefly indicated in the daily cause list in remarks' column, whenever compliance is required. 34. Carry forward of cause list and adjournment of cases on account of non-sitting of an Appellate Tribunal - (1) If by reason of declaration of holiday or for any other unforeseen reason, the Appellate Tribunal does no .....

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notice board. Part-V RECORD OF PROCEEDINGS 35. Diaries - (1) Diaries shall be kept by the clerk-in-charge in such form as may be specified by the Registrar in each appeal and they shall be written legibly. (2) The diary in the main file shall contain a concise history of the appeal, the substance of the order passed thereon and in execution proceedings it shall contain a complete record of all proceedings in execution of order or direction or rule and shall be checked by the Deputy Registrar an .....

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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 list .....

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citations, which may be needed for reference or photo copy of full text thereof. 39. Calling of cases in Bench - Subject to the orders of the Bench, the Court Master shall call the cases listed in the cause list in the serial order. 40. Regulation of Bench work - (1) When a Bench is holding a sitting, the Deputy Registrar shall ensure :- (a) that no inconvenience or wastage of time is caused to the Bench in making available the services of Court Master or Stenographer or Peon or Attender; (b) t .....

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shall verify the case records received from the Court Master with reference to the cause list and take immediate steps to communicate the directions or orders of the Court. Part VI Maintenance of Registers 41. Registers to be maintained - The following Registers shall be maintained and posted on a day to day basis by the Registry of the Appellate Tribunal by such ministerial officer or officers as the Registrar may, subject to any order of the Chairperson, direct:- (a) register of appeals; (b) r .....

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e destroyed under the rules:- (a) Index; (b) order Sheet; (c) Final order or judgment; (d) memo of appeal or petition as the case may be together with any schedule annexed thereto; (e) counter or reply or objection, if any; (f) (i) oral evidence or proof of affidavit (ii) evidence taken on commission; and (iii) documentary evidence. (g) written arguments. 44. Contents of process file - The process file shall contain the following items; namely, - (a) index; (b) powers of attorney or vakalatnama .....

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rdered; 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 year .....

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me, the affidavit in support thereof and if so ordered by the Appellate Tribunal the copy of other documents filed therewith, if any, shall be served along with the notice on the other side. (2) The copies of the documents referred to sub-rule (1) shall show the date of presentation of the appeal or interlocutory application and the name of the authorised representative, if any, of such party with his full address for service and the interim order, if any, made thereon. (3) The Appellate Tribuna .....

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ons or applications by registered post or courier service and file affidavit of service with its proof of acknowledgement before the date fixed for hearing. 50. Steps for issue of fresh notice - (1) If any notice issued under rule 46 is returned unserved, that fact and the reason thereof shall be notified immediately on the notice board of the Registry. (2) The applicant or petitioner or his authorised representative shall within seven days from the date of the notification, take steps to serve .....

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. 52. Entries regarding service of notice or process - The Judicial Section 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 effecti .....

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ted, 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 shall be affirmed by a supporting affidavit. (3) The respondent if permitted to file objections or counter in any proceeding shall also file three copies thereof after serving copies of the same on the appellant or petitioner or .....

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justice and in suitable cases, waive payment of such fee or portion thereof, taking into consideration the economic condition or indigent circumstances of the petitioner or appellant or applicant or such other reason, as the case may be. 56. Award of costs in the proceedings - (1) Whenever the Appellate Tribunal deems fit, it may award cost for meeting the legal expenses of the respondent or defaulting party. (2) The Appellate Tribunal may in suitable cases direct appellant or respondent to bear .....

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o is not a party to the proceeding, may also be allowed to inspect the proceedings after obtaining the permission of the Registrar in writing. 58. Grant of inspection - inspection of records of a pending or decided case before the Appellate Tribunal shall be allowed only on the order of the Registrar. 59. Application for grant of inspection - (1) Application for inspection of record under rule 58 shall be in the Form NCLAT-3 and presented at the filing counter of the Registry between 10.30 AM an .....

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es 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 betwe .....

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the inspection, may at any time prohibit further inspection, if in his opinion, any of the records are likely to be damaged in the process of inspection or the person inspecting the records has violated or attempted to violate the provisions of these rules and shall immediately make a report about the matter to the Registrar and seek further orders from the Registrar and such notes shall be made in the Inspection Register. 62. Maintenance of register of inspection - The Deputy Registrar shall c .....

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artered accountants or company secretaries of cost accountants or legal practitioners of any other person to present his case before the Appellate Tribunal. 64. Proof of engagement - (1) Where an advocate is engaged to appear for and on behalf of the parties, he shall submit Vakalatnama. (2) The professionals like chartered accountants or company secretaries or cost accountants shall submit Memorandum of Appearance. 65. Restriction on party's right to be heard - The party who has engaged a a .....

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ate Tribunal." followed by the cause title of the application or other proceeding in which the affidavit is sought to be used. 68. Form and contents of the affidavit - The affidavit as per Form NCLAT-4 shall conform to the requirements 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 .....

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, 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 mention the name and his designation. Part XII DISCOVERY, PRODUCTION AND .....

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ose, whether application was made to the proper officer and the result thereof. (3) A summons for production of documents in the custody of a public officer other than a court shall be addressed to the concerned Head of the Department or such other authority as may be specified by the Appellate Tribunal. 74. Suo motu summoning of documents - Notwithstanding anything contained in these rules, the Appellate Tribunal may, suo motu, issue summons for production of public document or other documents .....

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l by way of Demand Draft or Indian Postal Order drawn in favour of the Pay and Accounts Officer, Ministry of Corporate Affairs, New Delhi, a sum sufficient to defray the expenses for transmission of the records before the summons is issued. 76. Return and transmission of documents - (1) An application for return of the documents produced shall be numbered and such application shall be entertained after the destruction of the records. (2) The Appellate Tribunal may, at any time, direct return of .....

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roduction 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 t .....

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shall be recorded in Form NCLAT-7. (2) Each page of the deposition shall be initialed by the Members constituting the Bench. (3) Corrections, if any, pointed out by the witness may, if the Bench is satisfied, be carried out and duly initialled, and if not satisfied, a note to the effect be appended at the bottom of the deposition. 83. Numbering of witnesses - The witnesses called by the applicant or petitioner shall be numbered consecutively as 'PWs' and those by the respondents as ' .....

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wance by the employer to the person summoned to give evidence or to produce documents, he shall be entitled to be paid as allowance, (a sum found by the Registrar sufficient to defray the traveling and other expenses), having regard to the status and position of the witness. (3) The party applying for the summons shall deposit with the Registrar the amount of allowance as estimated by the Registrar well before the summons is issued. (4) If the witness is summoned as a court witness, the amount e .....

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cannot be obtained without unreasonable expense or delay. (3) Delivery and return of records shall be made under proper acknowledgement. 87. Taking of specimen handwriting, signature etc..-The Commissioner may, if necessary, take specimen of the handwriting, signature or fingerprint of any witness examined before him. Part XIV PRONOUNCEMENT OF ORDERS 88. Order - The final decision of the Appellate Tribunal on an appeal or proceedings before the Appellate Tribunal shall be delivered by way of Jud .....

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or 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 shee .....

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the order pronounced by the Member so authorised shall be deemed to be duly pronounced. (2) The Member so authorised for pronouncement of the Order shall affix his signature in the Order sheet of the case stating that he has pronounced the order as provided in this rule. (3) If the Order cannot be signed by reason of death, retirement or resignation or for any other reason by any one of the Members of the Appellate Tribunal who heard the case, it shall be deemed to have been released from part- .....

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n pronouncement of order, transmit the order with the case file to the Deputy Registrar. (2) On receipt of the order from the Court Master, the Deputy Registrar shall after due scrutiny, satisfy himself that the provisions of these rules have been duly compiled with and in token thereof affix his initials with date on the outer cover of the order. (3) The Deputy Registrar shall thereafter cause to transmit the case file and the order to the Registry for taking steps to prepare copies and their c .....

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he 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 .....

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t, 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 and the indices may be made available for reference in the library to the legal practitioners. Part XV SUPREME COURT ORDERS 100. Register of Special Leave Petitions/Appeal - (1) A Register in Form NCLAT-9 shall be maintained in regard to Special Leave Petitions or Appeals against the orders of the Appellate Tribunal to the Supre .....

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n and kept in the relevant case file and immediate attention of the Registrar shall be drawn to the directions requiring compliance. 102. Registrar to ensure compliance of Supreme Court orders - It shall be the duty of the Registrar to take expeditious steps to comply with the directions of the Supreme Court. Part XVI Miscellaneous 103. Filling through electronic media - The Appellate Tribunal may allow filing of appeal or proceedings through electronic mode such as online filing and provide for .....

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rs or circulars to govern the situation or contingency that may arise in the working of the Appellate Tribunal. SCHEDULE OF FEES S.No. Section of the Companies Act, 2013/ Rule Nature of Appeal etc Fees (in Rupees) 1. Sec. 218(3)) Protection of employee during investigation 1,000/- 2. Section 421(1) Appeals to National Company Law Appellate Tribunal 5,000/- FORM NCLAT-1 [See Rule 22] Memorandum of Appeal Preferred under Section 421 of The Companies Act, 2013 IN THE NATIONAL COMPANY LAW APPELLATE .....

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oof 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 Ph .....

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this appeal is preferred}. In case the appeal barred by limitation, the number of days of delay should be given along with interlocutory application for condonation of delay. 7. Facts of the case The facts of the case are given below: (Give here a concise statement of facts in a chronological order followed by elaboration of issues including the question of law arising in the appeal. Each paragraph should deal with, as far as possible a separate issue.) 8. Formulate (i) the facts in issue or sp .....

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or suit is pending before any of them. [in case the appellant previously had filed any such writ petition or suit, the stage at which it is pending and, if decided, the outcome of the same should be specified and a copy of the order should also be annexed]. 11. Specify below explaining the grounds for such relief (s) and the legal provisions, if any, relied upon. 12. Details of Interim Application, if any, preferred along with appeal. 13. Details of appeal/s, if any preferred before this Appella .....

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e at Delhi. DD No . . . . . . . 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 r .....

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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 filed herewith are true copies of the original(s)/fair reproduction of the originals / true translation thereof. Verified at . . . . . . . . . .on this at . . . . . . . . . . day of . . . . . . 20-. Counsel for Appellant (s) APPELLANT(S) Verification I . . . . .Name of the appellant) S/o. W/o. D .....

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E NATIONAL COMPANY LAW APPELLATE TRIBUNAL IA NO. . . . . . . . . OF 20 In Appeal Petition No. . . . . . . . . of 20 . CAUSE TITLE Set out the Appeal No. . . . . . . . . of 20 Appeal Petition short cause title Set out the 1. Appeal No. . . . . . . . . 20 Cause Title - Interlocutory Application Petition for stay/direction/dispense with/condone delay/calling records The applicant above named state/s as follows : 1. Set out the relief (s) 2. Brief facts 3. Basis on which interim orders prayed for 4. .....

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d at . . . . . .dated at . . . . . . .this day .. . . . . . . of . . . . . . . . . 20 . Counsel for Applicant Applicant VERIFICATION I. . . . . (Name of the applicant) S/o.W/o.D/o. (indicate any one, as the case may be ) . . . . . . . age . . . . . .working as . . . . . in the office of . . . . . resident of . . . . . . do hereby verify that the contents of the paras . . . . . . to. . . . . . . . are true to my personal knowledge / derived from official record ) and para . . . . . . to . . . . . .....

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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, .....

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ed . . . . day . . . 20. Form NCLAT-4 [See Rule 68] IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL . . . . . BENCH Appeal/Petition//No. of 20 . . . Appellant/Applicant vs Respondent/s AFFIDAVIT I, . . . . aged . . . . . years, son/daughter/wife of . . . .. (name and occupation of the deponent) . . . . . residing at (Full address) .. . . . do hereby swear in the name of God/solemnly affirm and state as follows : Para. 1 Para. 2 Para. 3 . . . . . . . Contents of Paragraphs Nos . . . . . . .are wit .....

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the Attesting Authority with Seal) *To add endorsement in Form No. when necessary FORM NCLAT-5 IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL [See Rule 70] Certification when deponent is unacquainted with the language of the affidavit or is blind or illiterate. Contents of the affidavit were truly and audibly read over/translated into . . . . . language known to the deponent and he seems to have understood the same and affixed his LTI/Signature/Mark. (Signature) Name and designation with date. F .....

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hat production of the following documents or records under your control 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 Appe .....

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