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NATIONAL COMPANY LAW APPELLATE TRIBUNAL RULES, 2016

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Pre. Notification

Notification

New Delhi, 21st July 2016

G.S.R….. (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:-


R.1 Short title and commencement

1

(1) These rules may be called the National Company Law Appellate Tribunal Rules, 2016.

(2)They shall come into force on the date of their publication in the Official Gazette.


R.2 Definitions

2

In these rules, unless the context otherwise requires, –

(a) “Act” means the Companies Act, 2013 (18 of 2013);

(b) “advocate” means a person who is entitled to practise the profession of law under the Advocates Act, 1961 (25 of 1961);

(c) “Appeal” means an appeal preferred under sub-section (1) of section 421 of the Act;

(d) “authorised repr

R.3 Computation of time period

3

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 day and any succeeding day on which the Appellate Tribunal remains closed shall also be excluded.


R.4 Forms

4

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 therein.


R.5 Format of order or direction or rule

5

Every rule, direction, order, summons, warrant or other mandatory process shall be issued in the name of the Chairperson and shall be signed by the Registrar or any other officer specifically authorised in that behalf by the Chairperson, with the day, month and year of signing and shall be sealed with the official seal of the Appellate Tribunal.


R.6 Official seal of the Appellate Tribunal

6

The official seal and emblem of the Appellate Tribunal shall be such, as the Central Government may from time to time specify and shall be in the custody of the Registrar.


R.7 Custody of the records

7

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 paper or record for administrative purposes from the Appellate Tribunal.


R.8 Sitting of Appellate Tribunal

8

The Appellate Tribunal shall hold its sitting at its headquarters in New Delhi.


R.9 Sitting hours of the Appellate Tribunal

9

The sitting hours of the Appellate Tribunal shall ordinarily be from 09.30 AM. to 01.00 P.M. and from 2.15 P.M. to 5.00 P.M. subject to any order made by the Chairperson and this shall not prevent the Appellate Tribunal to extend its sitting as it deems fit.


R.10 Working hours of office

10

(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.


R.11 Inherent powers

11

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 the Appellate Tribunal.


R.12 Calendar

12

The Calendar of days of working of Appellate Tribunal in a year shall be as decided by the Chairperson and Members of the Appellate Tribunal.


R.13 Listing of cases

13

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.


R.14 Power to exempt 

14

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.


R.15 Power to extend time

15

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.


R.16 Powers and functions of the Registrar

16

The Registrar shall have the following powers and functions, namely:-

(a) registration of appeals, petitions and applications;

(b) receive applications for amendment 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 fo

R.17 Power of adjournment

17

All adjournments shall normally be sought before the concerned Bench in court and in extraordinary circumstances, the Registrar may, if so directed by the Tribunal in chambers, at any time adjourn any matter and lay the same before the Tribunal in chambers.


R.18 Delegation powers of the Chairperson

18

The Chairperson 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.


R.19 Procedure for proceedings 

19

(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 of standard paper with an inner margin of about four centimeters 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 “In the Natio

R.20 Particulars to be set out in the address for service

20

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

21

Every interlineation, eraser or correction or deletion in any appeal shall be initialled by the party or his authorised representative.


R.22 Presentation of appeal 

22

(1) Every appeal shall be presented in Form NCLAT-1 in triplicate by the appellant or petitioner or applicant or respondent, as the case may be, in person or by his duly authorised representative 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 appeal shall be accompanied by a certified copy of the impugned order.

23

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


R.24 Endorsement and verification

24

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.


R.25 Translation of document

25

(1) A document other than English language intended to be used in any proceeding before the Appellate Tribunal shall be received by the Registry accompanied by a copy in English, which is agreed to by both the parties or certified to be a true translated copy by the authorised representative engaged on behalf of parties in the case.

(2) 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

R.26 Endorsement and scrutiny of petition or appeal or document

26

(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.

R.27 Registration of proceedings admitted 

27

On admission of appeal, the same shall be numbered and registered in the appropriate register maintained in this behalf and its number shall be entered therein.


R.28 Ex-parte amendments

28

In every appeal or application, arithmetical, grammatical, clerical and such other errors may be rectified on the orders of the Registrar without notice to Parties.


R.29 Calling for records

29

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.


R.30 Production of authorisation for and on behalf of an association

30

Where an appeal purported to be instituted by or on behalf of an association, the person who signs or verifies the same shall produce along with such appeal, for verification by the Registry, a true copy of the resolution of the association empowering such person to do so:

Provided that 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:

Provided furthe

R.31 Interlocutory applications

31

Every interlocutory 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.


R.32 Procedure on production of defaced, torn or damaged documents

32

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.


R.33 Preparation and publication of daily cause list

33

(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;

R.34 Carry forward of cause list and adjournment of cases on account of non-sitting of an Appellate Tribunal 

34

(1) If by reason of declaration of holiday or for any other unforeseen reason, the Appellate Tribunal does not function for the day, the daily cause list for that day shall, unless otherwise directed, be treated as the daily cause list for the next working day in addition to the cases already posted for that day.

(2) When the sitting of a particular Bench is cancelled for the reason of inability of any Member of the Bench, the Registrar shall, unless otherwise directed, adjourn the cases posted bef

R.35 Diaries

35

(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 and initialed once in a fortnight.


R.36 Order sheet

36

(1) Order sheet shall be maintained in every proceedings by the Court Master and shall contain all orders passed by the Appellate Tribunal from time to time .

(2) All orders passed by the Appellate Tribunal shall be in English and the same shall be signed by the Members of the Appellate Tribunal constituting the Bench:

Provided that the routine orders, such as call for of the records, put up with records, adjourned and any other order as may be di

R.37 Maintenance of diary

37

(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.


R.38 Statutes or citations for reference

38

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.


R.39 Calling of cases in Bench

39

Subject to the orders of the Bench, the Court Master shall call the cases listed in the cause list in the serial order.


R.40 Regulation of Bench work

40

(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) the Court Master shall ensure that perfect silence is maintained in and around the Bench hall and no disturbance whatsoever is caused to the functioning of the Appellate Tribunal and that proper care is taken to maint

R.41 Registers to be maintained

41

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) register of unnumbered appeals; and

(c) register of Interlocutory applications;


R.42 Arrangement of records in pending matters

42

The record of appeal shall be divided into the following four parts and shall be collated and maintained.

(a) Main file: (Appeal being kept separately);

(b) miscellaneous application file;

(c) process file; and

(d) execution file


R.43 Contents of main file

43

The main file shall be kept in the following order and it shall be maintained as permanent record till ordered to be 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;

R.44 Contents of process file

44

The process file shall contain the following items; namely, –

(a) index;

(b) powers of attorney or vakalatnama or memo of appearance;

(c) summons and other processes and affidavits relating thereof;

(d) applications for summoning witness;

(e) letters calling records; and

R.45 Execution file

45

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

46

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.


R.47 Destruction of record

47

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 register, petition register and such other record as may be ordered to be included by the Chairperson.


R.48 Issue of notice 

48

(1) Where notice of an appeal or petition or interlocutory application is issued by the Appellate Tribunal, copies of the same, 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 an

R.49 Summons

49

Whenever summons or notice is ordered by private service, the appellant or applicant or petitioner as the case may be, unless already served on the other side in advance, shall arrange to serve the copy of all appeals or petitions or applications by registered post or courier service and file affidavit of service with its proof of acknowledgement before the date fixed for hearing.


R.50 Steps for issue of fresh notice

50

(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 the notice afresh.


R.51 Consequence of failure to take steps for issue of fresh notice

51

Where, after a summon has been issued to the other side, and returned unserved, and the applicant or petitioner or appellant, as the case may be, fails to take necessary steps within the period as ordered by the Appellate Tribunal from the date of return of the notice on the respondent(s), the Registrar shall post the case before the Appellate Tribunal for further directions or for dismissal for non-prosecution.


R.52 Entries regarding service of notice or process 

52

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.


R.53 Non-appearance of respondent and consequences

53

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.


R.54 Filing of objections by respondent, form and consequences

54

(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 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

R.55 Fee

55

(1) Fee for filing appeal or interlocutory application, and process fee shall be, as prescribed in the Schedule of fee to these rules.

(2) The fee and process fee shall be deposited by separate demand draft or Indian Postal Order favouring the Pay and Accounts Officer, Ministry of Corporate Affairs, payable at New Delhi.

(3) The Appellate Tribunal may, to advance the cause of justice and in suitable cases, waive payment of such fee

R.56 Award of costs in the proceedings

56

(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 the cost of litigation of the other side, and in case of abuse of process of court, impose exemplary costs on defaulting party.


R.57 Inspection of the records

57

(1) The parties to any case or authorised representative may be allowed to inspect the record of the case by making an application in writing to the Registrar and fee prescribed therein.

(2) Subject to such terms and conditions as may be prescribed by the Chairperson by a general or special order, a person who is not a party to the proceeding, may also be allowed to inspect the proceedings after obtaining the permission of the Registrar in writing.


R.58 Grant of inspection

58

inspection of records of a pending or decided case before the Appellate Tribunal shall be allowed only on the order of the Registrar.


R.59 Application for grant of inspection 

59

(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 and 3.00 PM on any working day and two days before the date on which inspection is sought, unless otherwise permitted by the Registrar.

(2) The Registry shall submit the application with its remarks before the Registrar, who shall on consideration of the same, pass appropriate orders.

60

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.


R.61 Mode of inspection

61

(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.

R.62 Maintenance of register of inspection

62

The Deputy Registrar shall cause to maintain a Register for the purpose of inspection of documents or records and shall obtain therein the signature of the person making such inspection on the Register as well as on the application on the conclusion of inspection.


R.63 Appearance of authorised representative

63

Subject to provisions of Section 432 of the Act, a party to any proceedings or appeal before the Appellate Tribunal may either appear in person or authoise one or more chartered accountants or company secretaries of cost accountants or legal practitioners of any other person to present his case before the Appellate Tribunal.


R.64 Proof of engagement

64

(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.


R.65 Restriction on party’s right to be heard

65

The party who has engaged a authorised representative to appear for him before the Appellate Tribunal shall not be entitled to be heard in person unless permitted by the Appellate Tribunal.


R.66 Professional dress for the authorised representative

66

While appearing before the Appellate Tribunal, the authorised representative shall wear the same professional dress as prescribed in their Code of Conduct.


R.67 Title of affidavits

67

Every affidavit shall be titled as “Before the National Company Law Appellate Tribunal.” followed by the cause title of the application or other proceeding in which the affidavit is sought to be used.


R.68 Form and contents of the affidavit

68

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).


R.69 Persons authorised to attest

69

Affidavits shall be sworn or affirmed before an Advocate or Notary, who shall affix his official seal.


R.70 Affidavits of illiterate, visually challenged persons

70

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.


R.71 Identification of deponent

71

f 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.


R.72 Annexures to the affidavit

72

(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.


R.73 Application for production of documents, form of summons 

73

(1) Except otherwise provided hereunder, discovery or production and return of documents shall be regulated by the provisions of the Code of Civil Procedure, 1908 (5 of 1908).

(2) An application for summons to produce documents shall be on plain paper setting out the documents the production of which is sought, the relevancy of the documents and in case where the production of a certified copy would serve the purpose, whether application was made to the proper officer and the result thereof.


R.74 Suo motu summoning of documents

74

Notwithstanding anything contained in these rules, the Appellate Tribunal may, suo motu, issue summons for production of public document or other documents in the custody of a public officer in Form NCLAT-6.


R.75 Marking of documents

75

(1)The documents when produced shall be marked as follows:

(a) if relied upon by the appellant’s or petitioner’s side, they shall be numbered as ‘A’ series.

(b) if relied upon by the respondent’s side, they shall be marked as ‘B’ series.

(c) The Appellate Tribunal exhibits shall be marked as ‘C series.

(2) The Appellate Tribunal may direct the a

R.76 Return and transmission of documents

76

(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 documents produced subject to such conditions as it deems fit.


R.77 Procedure for examination of witnesses, issue of Commissions

77

The provisions of section 424 of the Act and relevant provisions of the Orders XVI and XXVI of the Code of Civil Procedure, 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.


R.78 Examination in camera

78

The Appellate Tribunal may in its discretion examine any witness in camera.


R.79 Form of oath or affirmation to witness

79

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”.


R.80 Form of oath or affirmation to interpreter

80

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.”


R.81 Officer to administer oath

81

The oath or affirmation shall be administered by the Branch Officer or Court Master.


R.82 Recording of deposition

82

(1) The deposition of a witness 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.


R.83 Numbering of witnesses

83

The witnesses called by the applicant or petitioner shall be numbered consecutively as ‘PWs’ and those by the respondents as ‘RWs’.


R.84 Grant of discharge certificate

84

Witness discharged by the Appellate Tribunal may be granted a certificate in Form IMCLAT-8 by the Registrar.


R.85 Witness allowance payable

85

(1) Where the Appellate Tribunal issues summons to a Government servant to give evidence or to produce documents, the person so summoned may draw from the Government travelling and daily allowances admissible to him as per rules.

(2) Where there is no provision for payment of Travelling Allowance and Daily Allowance 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 tra

R.86 Records to be furnished to the Commissioner

86

(1) The Commissioner shall be furnished by the Appellate Tribunal with such of the records of the case as the Appellate Tribunal considers necessary for executing the Commission.

(2) Original documents shall be furnished only if a copy does not serve the purpose or cannot be obtained without unreasonable expense or delay.

(3) Delivery and return of records shall be made under proper acknowledgement.


R.87 Taking of specimen handwriting, signature etc.

87

The Commissioner may, if necessary, take specimen of the handwriting, signature or fingerprint of any witness examined before him.


R.88 Order

88

The final decision of the Appellate Tribunal on an appeal or proceedings before the Appellate Tribunal shall be delivered by way of Judgment.


R.89 Operative portion of the order

89

All orders or directions of the Bench shall be stated in clear and precise terms in the last paragraph of the order.


R.90 Corrections

90

The Member of the Bench who has prepared the order shall initial all corrections and affix his initials at the bottom of each page.


R.91 Pronouncement of order

91

(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.


R.92 Pronouncement of order by any one member of the Bench 

92

(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 in open court on behalf of the Bench .


R.93 Authorizing any Member to pronounce order 

93

(1) If the Members of the Bench who heard the case are not readily available or have ceased to be Members of the Appellate Tribunal, the Chairperson may authorise any other Member to pronounce the order on his behalf after being satisfied that the order has been duly prepared and signed by all the Members who heard the case and 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 sign

R.94 Making of entries by Court Master

94

Immediately on pronouncement of an order by the Appellate Tribunal, the Court Master shall make necessary endorsement on the case file regarding the date of such pronouncement, the nature of disposal and the constitution of the Bench pronouncing the order and he shall also make necessary entries in the court diary maintained by him.


R.95 Transmission of order by the Court Master

95

(1) The Court Master shall immediately on 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 cau

R.96 Format of order

96

(1) All orders shall be neatly and fairly typewritten in double space on one side only on durable foolscap folio paper of metric A-4 size (30.5 cm long and 21.5 cm wide) with left side margin of 5 cm and right side margin of 2.5 cm and corrections, if any, in the order shall be carried out neatly and sufficient space may be left both at the bottom and at the top of each page of the order to make its appearance elegant.

(2) Members constituting the Bench shall affix their signatures in the order of

R.97 Indexing of case files after disposal

97

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.


R.98 Transmission of files or records or orders

98

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.


R.99 Copies of Orders in library

99

(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 Or

R.100 Register of Special Leave Petitions/Appeal

100

(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 Supreme Court and necessary entries therein be promptly made by the Judicial Branch.

(2) The register shall be placed for scrutiny by the Chairperson in the first week of every month.


R.101 Placing of Supreme Court orders before Appellate Tribunal

101

Whenever an interim or final order passed by the Supreme Court of India in an appeal or other proceeding preferred against a decision of the Appellate Tribunal is received, the same shall forthwith be placed before the Chairperson or Members for information and kept in the relevant case file and immediate attention of the Registrar shall be drawn to the directions requiring compliance.


R.102 Registrar to ensure compliance of Supreme Court orders

102

It shall be the duty of the Registrar to take expeditious steps to comply with the directions of the Supreme Court.


R.103 Filling through electronic media

103

The Appellate Tribunal may allow filing of appeal or proceedings through electronic mode such as online filing and provide for rectification of defects by e-mail or internet and in such filing, these rules shall be adopted as nearly as possible on and form a date to be notified separately and the Central Government may issue instructions in this behalf from time to time.


R.104 Removal of difficulties and issue of directions

104

Notwithstanding anything contained in the rules, wherever the rules are silent or not provisions is made, the Chairperson may issue appropriate directions to remove difficulties and issue such orders or circulars to govern the situation or contingency that may arise in the working of the Appellate Tribunal.

FORM NCLAT

[See Rule 22]

Memorandum of Appeal Preferred under Section 421 of

The Companies Act, 2013

IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL

AT NEW DE

Form.2 FORM NCLAT-2

FORM NCLAT

[See Rule 31]

INTERLOCUTORY APPLICATION

IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL

IA NO. . . . . . . . . OF 20

In

Form.3 FORM NCLAT-3

FORM NCLAT

[See Rule 59]

Pending/Disposed of

IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL

New Delhi

Application No. in of 20 . . . . . . . . .

Form.4 FORM NCLAT-4

Form NCLAT

[See Rule 68]

IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL

. . . . . BENCH

Appeal/Petition//No. of 20 . . .

Appellant/Applicant

FORM NCLAT

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/Signa

Form.6 FORM NCLAT-6

Form NCLAT

[See Rule 74]

IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL

New Delhi

FORM NCLAT

[See Rule 82]

IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL

NEW DELHI

FORM NCLAT

[See Rule 84]

CERTIFICATE OF DISCHARGE

Certified that . . . . . . appeared before this Appellate Tribunal as a witness/in/ No . . . . . . , on behalf of the appellant or respondent as Court witness on this . . . . . . day of . . . . 20 . . . . and that he was relieved at . . . . . . . on . . . . . . He was p


Legal Commentary on Section: FORM.8 of the NATIONAL COMPANY LAW APPELLATE TRIBUNAL RULES, 2016

Introduction

FORM.8 under the National Company Law Appellate Tribunal (NCLAT) Rules, 2016, pertains to specific procedural documentation, notably the Certificate of Discharge, which is used to certify the discharge of a witness or party from proceedings before the NCLAT. It is an essential form that facilitates formal acknowledgment of a party's or witness's appearance and discharge during appellate proceedings under the Companies Act, 2013, and related rules.

What does Section Says

FORM.8 is prescribed as a standard format for a Certificate of Discharge, as per Rule 84 of the NCLAT Rules, 2016. It certifies that a particular individual has appeared before the Tribunal as a witness or party and has been discharged from further attendance or proceedings. The form ensures proper record-keeping and procedural clarity in appellate hearings.

Essential Ingredients

  • Name of the individual appearing before the Tribunal
  • The purpose of appearance (witness or party)
  • Date of appearance
  • Signature of the authorized officer or Registrar
  • Seal or official stamp of the Tribunal
  • Certification of discharge from attendance or proceedings

Scope of Section

FORM.8 is applicable in all appellate proceedings before the NCLAT where a witness or party's appearance is recorded. It streamlines the process of certifying discharge, thereby facilitating smooth procedural management and record maintenance. Its scope extends to all cases requiring official certification of discharge under the rules.

Punishment for Section

The rules do not specify any punishment directly related to FORM.8; however, non-compliance or false certification could attract penalties under general principles of procedural misconduct or perjury provisions under applicable laws.

Legal Comments

  • Procedural Clarity - FORM.8 provides a standardized format ensuring uniformity and clarity in recording the discharge of witnesses or parties, which is crucial for maintaining procedural integrity [Source: ""].
  • Official Certification - The form acts as an official record, which can be used as evidence of appearance and discharge, thus aiding in future proceedings or appeals [Source: ""].
  • Record Maintenance - It facilitates proper record-keeping by the Tribunal, which is essential for transparency and accountability in appellate processes [Source: ""].
  • Legal Validity - The certification in FORM.8, when properly executed, holds legal validity and can prevent disputes regarding attendance or discharge status [Source: ""].
  • Applicability - The form is applicable across all types of appeals and proceedings before the NCLAT, making it a versatile procedural tool [Source: ""].
  • Role in Evidence - It can serve as evidence in case of allegations of misconduct or non-compliance during proceedings [Source: ""].
  • Standardization - The use of a prescribed form promotes standardization across different cases, reducing procedural ambiguities [Source: ""].
  • Legal Responsibility - The authorized officer or Registrar bears the responsibility for correctly executing and signing the certificate, ensuring procedural discipline [Source: ""].
  • Implication of False Certification - Any false statement or certification in FORM.8 could lead to legal penalties under applicable laws, including perjury or contempt [Source: ""].
  • Integration with Rules - FORM.8 is integrated into Rule 84, highlighting its importance within the broader procedural framework of the NCLAT Rules, 2016 [Source: ""].
  • Efficiency in Proceedings - The form enhances efficiency by providing a clear, concise record, thus reducing delays or disputes over attendance [Source: ""].
  • Legal Certainty - It provides legal certainty regarding the status of witnesses or parties, which is essential for fair adjudication [Source: ""].
  • Impact on Appeal Records - Proper use of FORM.8 ensures that appeal records are complete and accurately reflect procedural compliance [Source: ""].
  • Discharge Procedure - It formalizes the discharge process, ensuring that parties are formally released from attendance obligations [Source: ""].
  • Applicability in Other Proceedings - While primarily for appellate proceedings, similar formats may be used in other tribunals under the same rules [Source: ""].
  • Legal Recognition - The form’s certification has legal recognition within the tribunal’s proceedings, reinforcing procedural discipline [Source: ""].
  • Potential for Legal Challenges - Any irregularities or inaccuracies in FORM.8 could be challenged and may impact the integrity of the proceedings [Source: ""].

Note: The analysis is based on the procedural context provided by the sources, primarily focusing on the significance, scope, and legal implications of FORM.8 within the NCLAT Rules, 2016.

Form.9 FORM NCLAT-9

FORM NCLAT

[See Rule 100]

IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL

Legal Commentary on: Act - NATIONAL COMPANY LAW APPELLATE TRIBUNAL RULES, 2016, Section: FORM.9

Introduction

Form NCLAT-9 is a prescribed form under the National Company Law Appellate Tribunal Rules, 2016, used for maintaining a register related to Special Leave Petitions (SLPs) or appeals filed before the NCLAT. It facilitates systematic recording and tracking of appeals against orders of the Tribunal, ensuring procedural transparency and accountability.

What does Section Say

Section 9 of the NCLAT Rules mandates the maintenance of a register in Form NCLAT-9 to record details of SLPs and appeals against the Tribunal’s orders. The form serves as an official record-keeping tool to monitor the pendency, filing, and disposal of appeals, and it must be maintained in accordance with Rule 100 of the Rules.

Essential Ingredients

  • Maintenance of a Register: The section emphasizes the obligation to maintain a formal register.
  • Form Specification: The register must be in the prescribed Form NCLAT-9.
  • Recording Details: The register shall include particulars of SLPs and appeals, such as serial number, case number, and relevant dates.
  • Procedural Compliance: The form and register must be maintained in accordance with Rule 100.
  • Accessibility: The register ensures transparency and facilitates easy access to appeal records.

Scope of Section

  • Applicability: Applies to all SLPs and appeals filed before the NCLAT against its orders.
  • Procedural Requirement: Mandates the creation and maintenance of the register for administrative and judicial purposes.
  • Record Management: Supports the effective management of appeal-related documents and proceedings.
  • Judicial Oversight: Ensures accountability of the Tribunal’s appellate process.

Punishment for Section

  • The section does not explicitly specify penalties or punishments for non-compliance.
  • However, failure to maintain the register may lead to procedural irregularities, contempt proceedings, or administrative sanctions under the Rules or applicable laws.

Legal Comments

  • "Form NCLAT-9" - Essential for record-keeping of appeals and SLPs -
  • "Maintenance obligation" - The section mandates the maintenance of a formal register, ensuring procedural accountability -
  • "Transparency" - The register enhances transparency in the appellate process by recording all appeals systematically -
  • "Procedural compliance" - Adherence to Rule 100 is crucial for lawful maintenance of the register -
  • "Scope of application" - The section applies broadly to all appeals and SLPs filed before the NCLAT -
  • "Particulars to be recorded" - The register must include details such as serial number, case number, and filing date -
  • "Legal significance" - Maintaining the register is vital for judicial accountability and appellate oversight -
  • "No explicit punishment" - The Rules do not specify penalties; non-compliance may impact procedural validity -
  • "Rule 100 reference" - The section’s implementation is governed by Rule 100, emphasizing procedural adherence -
  • "Administrative importance" - The register aids in administrative management and efficient disposal of appeals -
  • "Record integrity" - Interlineations or corrections in the register must be initialed, ensuring authenticity -
  • "Legal obligation" - The section imposes a statutory obligation on the Tribunal to maintain accurate records -
  • "Procedural safeguard" - The register acts as a safeguard against arbitrary or unrecorded decisions -
  • "Legal transparency" - Facilitates transparency in the appellate process, aligning with principles of natural justice -
  • "Potential for disciplinary action" - Non-compliance may lead to disciplinary or administrative consequences under the Rules -
  • "Integration with Rules" - The section integrates with other procedural rules ensuring comprehensive appeal management -
  • "Record accessibility" - The maintained register is accessible for judicial review and administrative audits -
  • "Legal framework" - The section forms part of the broader legal framework governing appellate procedures under the NCLAT Rules -
  • "Summary" - Overall, Section 9 emphasizes systematic record-keeping as a pillar of procedural integrity in appellate proceedings -

Note: The references are based on the available sources, primarily emphasizing the procedural and administrative importance of Form NCLAT-9 and related rules.

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