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PROCEDURE FOR INSTITUTION OF PROCEEDINGS, PETITIONS, APPEALS ETC., BEFORE NATIONAL COMPANY LAW TRIBUNAL

Corporate Laws / Banking / SEBI - By: - Mr.M. GOVINDARAJAN - Dated:- 4-8-2016 - Part III of the National Company Law Tribunal Rules, 2016 ( Rules for short) provides the procedure for institution of proceedings, petition, appeals etc., before the National Company Law Tribunal ( NCLT for short). Rule 20 provides that- Every appeal or petition or application or caveat petition or objection or counter present to the Tribunal shall be in English; In case it is in some other Indian language, it shal .....

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out the proceedings or order of the authority against which it is preferred; The petition etc., shall be divided into paragraphs and the paras shall be numbered consecutively; each para 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; The name, parentage, age, description of each party and address and in case a party sues or being sued in a representative character, shall .....

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y 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. Address for service Rule 21 provides that the address for service of summons shall be filed with every appeal or petition or application on behalf of a party. The service of summons shall as far as possible contain the following items- The nam .....

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r his authorized representative presenting it. Presentation of petition Rule 23 provides that- Every petition, application, caveat, interlocutory application, documents and appeal shall be presented in triplicate by the appellant or applicant or petitioner or respondent in person or by his duly authorized representative or by an Advocate duly appointed in this behalf in the prescribed form with stipulated fee at the filing counter; Non compliance of the above may constitute a valid ground to ref .....

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ith required number of envelopes of sufficient size and notice forms shall be filed along with memorandum of appeal. Rule 26 provides that at the foot of every petition or appeal or pleading there shall appear the name and signature of the authorized representative. Every petition shall be signed and verified by the party concerned. Translation of document Rule 27 provides that a document other than English language shall be accompanied by a copy in English certified by both parties to be a true .....

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ge of the filing counter shall immediately on receipt of petition or appeal or application or document affix the date stamp of Tribunal on the same and also on the additional copies of the index and return the acknowledgement to the party. 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 daily filing and assign a diary number which shall be entered below the date stamp and thereafter cause it to .....

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liance. If the party fails to take any step for the removal of the defect within the time fixed for the same, the Registrar may, decline to register the pleading or document after recording the reasons for the same. Numbering of the case Rule 29 provides that on admission of appeal or petition or application, the same shall be numbered and registered in the appropriate register and its number shall be entered therein. Calling for records Rule 30 provides that on the admission of appeal or petiti .....

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resolution of the association empowering such person(s) to do so. 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. It shall set out the list of members for whose benefit the proceedings are instituted. Interlocutory applications Rule 32 provides that every interlocutory application for stay, direction, condonation of delay, exemption from production of copy of order appealed against or extension o .....

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