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GENERAL PROCEDURE TO BE FOLLOWED IN A CASE BEFORE ‘NCLT’

Corporate Laws / Banking / SEBI - By: - Mr. M. GOVINDARAJAN - Dated:- 1-9-2016 - Part III of the NCLT Rules, 2016 provides the procedure of Institution of proceedings, petition, appeals etc., which has already been discussed in my earlier article. Part IV of the Rules provides the general procedure to be followed in a case before NCLT. Part VIII of the Rules provides the special procedure. In this article the provisions relating to general procedures are discussed in detail. Petition/application .....

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ll be verified in an affidavit in Form No. NCLT 6. The notice to be issued by the Tribunal to the opposite party shall be in Form No. NCLT 5. Advertisement Rule 35(1) provides that where any application, petition or reference is required to be advertised, unless otherwise ordered by the Tribunal, the petition shall be in Form No. NCLT - 3A. The advertisement is to be issued not less than 14 days before the date fixed for hearing, at least once in a vernacular newspaper in the principal vernacula .....

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the effect that any person whose interest is likely to be affected by the proposed petition or who intends either to oppose or support the petition or reference tat the hearing shall send a notice of his intention to the concerned Bench and the petition or his authorized representative, if any, indicating the nature of interest and grounds of opposition so as to reach him not later than two days previous to the day fixed for hearing. After publishing the advertisement the copy of the same may b .....

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nal, in respect of advertisement and service of petition, have not been complied with, the Tribunal may either dismiss the petition or give such further directions as it thinks fit. Rule 35(6) provides that the Tribunal may dispense with any advertisement, if it thinks fit, upon an application being made by the party. Notice to opposite party Rule 37 (1) provides that the Tribunal shall issue notice to the respondent to show cause against the application or petition on a date of hearing indicate .....

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e served in any one of the following methods as directed by the Tribunal- by hand delivery through a process server or respective authorized representative; by registered post or speed post with acknowledgement due; or service by the party himself. Rule 38(3) provides if the notice is served by the party himself by hand delivery, he shall file with the Registrar or such person duly authorized by the Registrar in this behalf, the acknowledgement together with an affidavit of service. In case of s .....

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e registry of the Tribunal such amount of charges as may be determined by the Tribunal, but not exceeding the actual charges incurred in effecting the service. Rule 38(5) provides that the notice or process is served on the authorized representative, such service shall b e deemed to be a proper service. Ex-parte order Rule 37(2) provides if the respondent does not appear on the date of hearing the Tribunal after according reasonable opportunity to the respondent, shall forthwith proceed ex-part .....

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irect the parties to give evidence, if any, by affidavit. The affidavit to be filed before the Tribunal shall be in Form No. NCLT 7. The Tribunal, if it considers necessary in the interest of natural justice, may order for cross examination of any deponent on the points of conflict either through information and communication technology such as video conferencing or otherwise as may be decided by the Tribunal, on an application moved by any party. Additional Evidence The parties to the proceedin .....

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or may allow such evidence to be produced, after recording reasons. The said document may be produced or such witness may be examined or such evidence may be adduced either before the Bench or before such authority as the Bench may direct. On the directions of the Bench, the concerned shall comply with the directions of the Bench. The concerned authority shall send the document, the record of the deposition of the witness or the record of the evidence adduced to the Bench. Additional evidence or .....

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eny or rebut the facts stated by the applicant in his petition or application and state such additional facts as may be found necessary in his reply. Filing of rejoinder Rule 42 provides that where the respondent states such additional facts as may be necessary for the just decision of the case, the Bench may allow the petition to file a rejoinder to the reply filed by the respondent, with an advance copy to be served upon the respondent. Power of the Bench Rule 43 gives powers to the Bench to c .....

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be legally permitted as admissible as evidence under the relevant laws. Hearing The Tribunal shall notify to the parties the date and place of hearing of the petition or application. Every party may appear before a Tribunal in person or through an authorized representative. The Authorized representative shall make an appearance through the filing of Vakalatnama or Memorandum of appearance in Form No. NCLT 12. There shall be no audio or video recording of the proceedings by the parties or their a .....

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