NATIONAL COMPANY LAW TRIBUNAL RULES, 2016
NOTIFICATION
New Delhi, the 21st July, 2016
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) These rules may be called the National Company Law Tribunal Rules, 2016.
(2) They shall come into force on the date of their publication in the Official Gazette.
In these rules, unless the context otherwise requires,
(1) “Act” means the Companies Act, 2013 (18 of 2013);
(2) “address for service” shall mean the address furnished by a party or his authorised representative at which service of summons, notices or other processes may be effected under these rules;
(3) “advocate” means a person who is entitled to practise as such under the Advocates A
Where a period is prescribed by the Act and these rules or under any other law or is fixed by the 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 Tribunal is closed, that day and any succeeding days on which the Tribunal remains closed shall also be excluded.
The forms annexed as Annexure ‘A’ to these rules with such modifications or variations as the circumstances of each case may require shall be used for the purpose mentioned therein and where no form is prescribed to cover a contingency, a form as may be approved by the Registrar, shall be used.
Every rule, direction, order, summons, warrant or other mandatory process shall be issued in the name of the President and shall be signed by the Registrar or any other officer specifically authorised in that behalf by the President, with the day, month and year of signing and shall be sealed with the seal of the Tribunal.
The official seal and emblem of the Tribunal shall be such, as the Central Government may from time to time specify and shall be in the custody of the Registrar.
The Registrar shall have the custody of the records of the Tribunal and no record or document filed in any cause or matter shall be allowed to be taken out of the custody of the Tribunal without the leave of the Tribunal:
Provided that the Registrar may allow any other officer of the Tribunal to remove any official paper or record for administrative purposes from the Tribunal.
The Tribunal shall hold its sittings either at its headquarter or at such other place falling within its territorial jurisdiction as it may consider convenient.
The sitting hours of the Tribunal shall ordinarily be from 10:30 AM to 1:00 PM and 2:00 P.M. to 4:30 PM, subject to any order made by the President.
(1) Except on Saturdays, Sundays and other National Holiday, the office of the 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.
Nothing in these rules shall be deemed to limit or otherwise affect the inherent powers of the Tribunal to make such orders as may be necessary for meeting the ends of justice or to prevent abuse of the process of the Tribunal.
The calendar of days of working of Tribunal in a year shall be as decided by the President of the Tribunal.
An urgent matter filed before 12 noon shall be listed before the 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 Bench.
The 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.
The 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.
In addition to the general powers provided in the Act and in these rules the President shall exercise the following powers, namely:-
(a) preside over the consideration of cases by the Tribunal;
(b) direct the Registry in the performance of its functions;
(c) prepare an annual report on the activities of the Tribunal;
(d) transfer any case from o
(1) The Registrar shall have the following 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 for fresh
(1) There shall be a Secretary at the Principal Bench of the Tribunal, New Delhi.
(2) The Secretary shall, under the general superintendence and control of the President, discharge such duties, functions and exercise such powers as are prescribed under these rules and as assigned by the President from time to time.
(3) Secretary shall -
(a) be in charge of the long term projects and initiatives o
The President may assign or delegate to any suitable officer all or some of the functions required by these rules to be exercised by the Registrar.
(1) Every appeal or petition or application or caveat petition or objection or counter presented to the 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, lithographed or printed in double spacing on one side of standard petition paper with an inner margin of about four centimeter 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;
<The address for service of summons shall be filed with every appeal or petition or application or caveat 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, an
Every interlineations, eraser or correction or deletion in any appeal or petition or application or document shall be initialled by the party or his authorised representative presenting it.
(1) Every petition, application, caveat, interlocutory application, documents and appeal shall be presented in triplicate by the appellant or applicant or petitioner or respondent, as the case may be, in person or by his duly authorised representative or by an advocate 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 petition or application or appeal may
The appellant or petitioner or applicant or respondent shall file three authenticated copies of appeal or petition or application or counter or objections, as the case may be, and shall deliver one copy to each of the opposite party.
(1) Any person may lodge a caveat in triplicate in any appeal or petition or application that may be instituted before this Tribunal by paying the prescribed fee after forwarding a copy by registered post or serving the same on the expected petitioner or appellant and the caveat shall be in the form prescribed and contain such details and particulars or orders or directions, details of authority against whose orders or directions the appeal or petition or application is being instituted by the expected appellant or petitioner or applicant which full
(1) At the foot of every petition or appeal or pleading there shallappear the name and signature of the authorised representative.
(2) Every petition or appeal shall be signed and verified by the party concerned in the manner provided by these rules.
(1) A document other than English language intended to be used in any proceeding before the 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 authorised representative engaged on behalf of parties in the case or by any other advocate or authorised representative whether engaged in the case or not or if the advocate or authorised representative engaged in the case authenticates such certificate or prepared by a translator approved for the pu
(1) The person in charge of the filing-
counter shall immediately on receipt of petition or appeal or application or document affix the date stamp of 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 an
On admission of appeal or petition or caveat or application, the same shall be numbered and registered in the appropriate register maintained in this behalf and its number shall be entered therein.
On the admission of appeal or petition or application the Registrar shall, if so directed by the Tribunal, call for the records relating to the proceedings from any adjudicating authority and retransmit the same.
Where an appeal or application or petition or other proceeding purported to be instituted by or on behalf of an association, the person or persons who sign (s) or verify (ies) the same shall produce along with such application, for verification by the Registry, a true copy of the resolution of the association empowering such person(s) 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 authoriza
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 prescribed form and the requirements prescribed in that behalf shall be complied with by the applicant, besides filing an affidavit supporting the application.
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.
(1) In a situation not provided for in these rules, the Tribunal may, for reasons to be recorded in writing, determine the procedure in a particular case in accordance with the principles of natural justice.
(2) The general heading in all proceedings before the Tribunal, in all advertisements and notices shall be in Form No. NCLT. 4.
(3) Every petition or application or reference shall be filed in form as provided in Form No. NCLT. 1 with attachme
(1) Where any application, petition or reference is required to be advertised, it shall, unless the Tribunal otherwise orders, or these rules otherwise provide, be advertised in Form NCLT-3A, not less than fourteen days before the date fixed for hearing, at least once in a vernacular newspaper in the principal vernacular language of the district in which the registered office of the company is situate, and at least once in English language in an English newspaper circulating in that district.
(2) E
(1) If any payment has been received by way of Indian postal orders or demand drafts or in cash by the Registry, the transaction shall be entered immediately by the Registration Clerk on their receipt side in a Cash Register kept for the purpose.
(2) On every next working day or the last working day of the week, the payments received during such day or week by way of Indian postal orders or demand drafts shall be transmitted by the Registration Clerk to the concerned official vested with the work p
(1) The Tribunal shall issue notice to the respondent to show cause against the application or petition on a date of hearing to be specified in the Notice. Such notice in Form No. NCLT.5 shall be accompanied by a copy of the application with supporting documents.
(2) If the respondent does not appear on the date specified in the notice in Form No. NCLT.5, the Tribunal, after according reasonable opportunity to the respondent, shall forthwith proceed ex-parte to dispose of the application.
(1) Any notice or process to be issued by the Tribunal may be served by post or at the e-mail address as provided in the petition or application or in the reply;
(2) The notice or process if to be served physically may be served in any one of the following modes as may be directed by the Tribunal; -
(a) by hand delivery through a process server or respective authorised representative;
(b) by regi
(1) The Tribunal may direct the parties to give evidence, if any, by affidavit.
(2) Notwithstanding anything contained in sub-rule (1), where the Tribunal considers it necessary in the interest of natural justice, it may order cross-examination of any deponent on the points of conflict either through information and communication technology facilities such as video conferencing or otherwise as may be decided by the Tribunal, on an application moved by any party.
(1) Notwithstanding anything contained in rule 39, the parties to the proceedings shall not be entitled to produce before the Bench additional evidence, either oral or documentary, which was in the possession or knowledge but was not produced before the Inspector, appointed by the Central Government for the purpose of investigating the affairs of the concerned company, during investigation under Chapter XIV of the Act, but if the Bench requires any additional evidence or document to be produced or any witness to be examined or any affidavit to be fi (1) Each respondent may file his reply to the petition or the application and copies of the documents, either in person or through an authorised representative, with the registry as specified by the Tribunal. (2) A copy of the reply or the application and the copies of other documents shall be forthwith served on the applicant by the respondent. (3) To the reply or documents filed under sub-rule (1), the respondent shall specifical Where the respondent states such additional facts as may be necessary for the just decision of the case, the Bench may allow the petitioner to file a rejoinder to the reply filed by the respondent, with an advance copy to be served upon the respondent.R.41 Filing of Reply and other Documents by the Respondents. -
R.42 Filing of Rejoinder.
(1) The Bench may, before passing orders on the petition or application, require the parties or any one or more of them, to produce such further documentary or other evidence as it may consider necessary:-
(a) for the purpose of satisfying itself as to the truth of the allegations made in the petition or application;
or
(b) for ascertaining any information which, in the opinion of the Bench, is
(1) The Tribunal shall notify to the parties the date and place of hearing of the petition or application in such manner as the President or a Member may, by general or special order, direct.
(2) Where at any stage prior to the hearing of the petition or application, the applicant desires to withdraw his petition or application, he shall make an application to that effect to the Tribunal, and the Tribunal on hearing the applicant and if necessary, such other party arrayed as opposit
(1) Every party may appear before a Tribunal in person or through an authorised representative, duly authorised in writing in this behalf.
(2) The authorised representative shall make an appearance through the filing of Vakalatnama or Memorandum of Appearance in Form No. NCLT. 12 representing the respective parties to the proceedings.
(3) The Central Government, the Regional Director or the Registrar of Companies or Official Liquidator may authori
(1) No intern employed by an authorised representative shall act as such before the Tribunal or be permitted to have access to the records and obtain copies of the orders of a Bench of the Tribunal in which the authorised representative ordinarily appears, unless his name is entered in the register of interns maintained by the Bench.
(2) An authorised representative desirous of registering his intern shall make a petition or an application to the Registrar in Form NCLT 10 and on suc
The Bench Officer or the Court Officer, as the case may be, shall administer the following oath to a witness:-
“I do swear in the name of God / solemnly affirm that what I shall state shall be the truth and nothing but the truth.”
(1) Where on the date fixed for hearing of the petition or application or on any other date to which such hearing may be adjourned, the applicant does not appear when the petition or the application is called for hearing, the Tribunal may, in its discretion, either dismiss the application for default or hear and decide it on merit.
(2) Where the petition or application has been dismissed for default and the applicant files an application within thirty days from the date of dismissal and satisfies t
(1) Where on the date fixed for hearing the petition or application or on any other date to which such hearing may be adjourned, the applicant appears and the respondent does not appear when the petition or the application is called for hearing, the Tribunal may adjourn the hearing or hear and decide the petition or the application ex-parte.
(2) Where a petition or an application has been heard ex-parte against a respondent or respondents, such respondent or respondents may apply to the Tribunal fo
The Registry shall send a certified copy of final order passed to the parties concerned free of cost and the certified copies may be made available with cost as per Schedule of fees, in all other cases.
The Tribunal may regulate its own procedure in accordance with the rules of natural justice and equity, for the purpose of discharging its functions under the Act.
(1) If a petition or an application is presented by any party to the proceedings for summoning of witnesses, the Tribunal shall issue summons for the appearance of such witnesses unless it considers that their appearance is not necessary for the just decision of the case.
(2) Where summons are issued by the Tribunal under sub-rule (1) to any witness to give evidence or to produce any document, the person so summoned shall be entitled to such travelling and daily allowance sufficient
(1) Where a party to a proceeding pending before a Bench dies or is adjudged insolvent or, in the case of a company, being wound up, the proceeding shall not abate and may be continued by or against the executor, administrator or other legal representative of the parties or by or against the assignee, receiver or liquidator, as the case may be.
(2) In the case of death of a party during the pendency of the proceedings before the Tribunal, the legal representative of the deceased party may apply wit
(1) In any enquiry into a claim, the Tribunal may call in the aid of assessor or valuer, not exceeding two in number, who possess any technical or special knowledge with respect to any matter before the Tribunal for the purpose of assisting the Tribunal.
(2) An assessor or valuer shall perform such functions as the Tribunal may direct.
(3) The remuneration, if any, to be paid to an assessor or valuer shall in every case be determin
No pleadings, subsequent to the reply, shall be presented except by the leave of the Tribunal upon such terms as the Tribunal may think fit.
For execution of order passed by the Tribunal, the holder of an order shall make an application to the Tribunal in Form NCLT.8.
(1) On receipt of an application under rule 56 the Tribunal shall issue a process for execution of its order in such Form as provided in the Code of Civil Procedure, 1908 (5 of 1908).
(2) The Tribunal shall consider objection, if any, raised by the respondent and make such order as it may deem fit and shall issue attachment or recovery warrant in such form as provided in the Code of Civil Procedure, 1908 (5 of 1908), as the case may be.
Failure to comply with any requirement of these rules shall not invalidate any proceeding, merely by reason of such failure, unless the Tribunal is of the view that such failure has resulted in miscarriage of justice.
(1) Notwithstanding anything to the contrary contained in any rules or regulations framed under the Act, no order or direction imposing a penalty under the Act shall be made unless the person or the company or a party to the proceeding, during proceedings of the Bench, has been given a show cause notice and reasonable opportunity to represent his or her or its case before the Bench or any officer authorised in this behalf.
(2) In case the Bench decides to issue show cause notice to any person or co
(1) Once the final text of the judgment has been approved and adopted, the judgment shall be signed and dated by the President or the concerned Members or Member and the Registrar, and shall contain the names of the Members who have taken part in the decision.
(2) Any Member differing as to the grounds upon which the judgment was based or some of its conclusions, or dissenting from the judgment, may append a separate or dissenting opinion.
(1) The Tribunal may, as its discretion, permit any person or persons, including the professionals and professional bodies to render or to communicate views to the Tribunal as amicus curiae on any point or points or legal issues as the case may be as assigned to such amicus curiae. (2) The Tribunal may permit amicus curiae to have access to the pleadings of the parties and the Tribunal shall enable the parties to submit timely observations on brief provided by the amicus curiae. (1) For the purpose of maintaining the high standards and integrity of the Tribunal, the President or a Member of the Tribunal shall recuse himself:- (a) in any cases involving persons with whom the President or the Member has or had a personal, familial or professional relationship; (b) in any cases concerning which the President or the Member has previously been called upon in another capacity, including as advisor, representative, expert or wit In case of the scrutiny of the petitions or applications as provided in Part III and elsewhere in these rules, if any person is aggrieved of the decision of the Registrar or such other officer officiating as the Registrar of the Benches, an appeal against the order of the Registrar shall be made within fifteen days of the making of such order to the President of the Principal Bench and at other places to any Member of the Bench designated by the President, and whose decision thereon shall be final.R.63 Presentation and scrutiny of petitions or applications.-
(1) Notwithstanding anything contained in any other law for the time being in force, an original civil action or case arising out of the Act, or any other corresponding provision of the Companies Act, 1956 or Reserve Bank of India Act, 1934 is filed or pending before the Company Law Board on the date on which the Tribunal is constituted, and the relevant provisions of the Act dealing with the Tribunal have been given effect, or the Company Law Board has been dissolved in pursuance of the provisions of the Act, then all the cases on such date pending
Section R.64 of the National Company Law Tribunal (NCLT) Rules, 2016, addresses the procedural aspect concerning matters previously dealt with by the Company Law Board (CLB). It provides clarity on how the NCLT considers cases and actions that originated under the jurisdiction of the CLB, ensuring continuity and proper legal transition during the establishment of the NCLT.
Section R.64 stipulates that the Tribunal shall consider any action taken under the regulations of the Company Law Board as if such actions were taken or done under the corresponding provisions of the NCLT Rules. Essentially, it recognizes prior CLB proceedings as valid and admissible within the NCLT framework, facilitating seamless judicial transition.
Note: This commentary is based on the available sources and the provisions of Rule 64 of the NCLT Rules, 2016, emphasizing procedural recognition and continuity during institutional transition.
Provisions of these rules shall apply, mutatis mutandis, to the application or petition made under sub-section (2) of section 45QA of the Reserve Bank of India Act, 1934 (2 of 1934) or under such other analogous provision of the other Act(s).
(1). An application under sub-section (7) of section 7 of the Act shall be filed to the Tribunal in Form NCLT-1 and shall be accompanied by such documents as are mentioned in Annexure -B.
(2) Every application filed under sub rule (1) shall also set out the following particulars, namely:-
(a) Name of the company and other details including date of incorporation, name and address of the subscribers, promoters and first directors; and
<The Petition under the sub-section (41) of Section 2 be filed to the Tribunal in Form NCLT-1 and shall be accompanied by such documents as are mentioned in Annexure -B.
(1) A petition under the second provision to sub-section (1) of section 14 of the Act for the conversion of a public company into a private company, shall, not less than three months from the date of passing of special resolution, be filed to the Tribunal in Form No. NCLT. 1 and shall be accompanied by such documents as are mentioned in Annexure B.
(2) Every petition filed under sub-rule (1) shall set out the following particulars:
(a) the date of
(1) The petition under sub-section (3) of section 55 of the Act shall be in Form No. NCLT. 1 and shall be accompanied by documents mentioned in Annexure B and setting out:
(a) particulars of registration
(b) capital structure, the different classes of shares into which the share capital of the company is divided;
(c) the provisions of the memorandum or articles authorizing the issue of preference
(1) The appeals against the refusal for registration of transfer or transmission of securities under section 58 or for rectification of register of members under section 59 shall be made to the Tribunal by way of a petition in Form No. NCLT. 1 and shall be accompanied by such documents as are mentioned in Annexure B:
Provided that a copy of the appeal shall be served on the concerned company at its registered office immediately after filing of the petition with the Tribunal.
(1)An application for obtaining the approval of the Tribunal for the consolidation and division of all or any of the share capital into shares of a larger amount than its existing shares which results in changes in the voting percentage of shareholders shall be filed in Form No. NCLT. 1 and shall be accompanied by such documents as are mentioned in Annexure B.
(2) The application shall, inter alia, set forth the following:-
(a) provision of articl
(1) Where any Government by virtue of provisions of sub-section (4) of section 62, in public interest, converts the debentures or loan or any part thereof into shares in the company on such terms and conditions as appear to the Government to be reasonable in the circumstances of the case even in terms of the issue of such debentures or the raising of such loans do not include a term for providing for an option for such conversion.
(2) If such terms and conditions of conversion are n
(1)Where a company fails to redeem the debentures or repay the deposits or any part thereof or any interest thereon, an application under sub-section (10) of section 71 or under sub-section (4) of section 73 of the Act or section
45QA of the Reserve Bank of India Act, 1934 (2 of 1934), shall be filed to the Tribunal, in Form No. NCLT.
11 in duplicate and shall be accompanied by such documents as are mentioned in Annexure B, by-
(1) An application under section 97 for calling or obtaining a direction to call the annual general meeting of the company shall be made by any member of the company in Form No. NCLT. 1 and shall be accompanied by the documents specified in Annexure B.
(2) A copy of the application shall be served on the Registrar of Companies on or before the date of hearing.
(1) An application under section 98 for obtaining an order for calling of a general meeting (other than Annual General Meeting) shall be made by any director or member of the company in Form No. NCLT.1 and shall be accompanied by the documents specified in Annexure B.
(2) A copy of the application shall be served on the Registrar of Companies on or before the date of hearing.
Where any member has requested the company for inspection of minute-book of general meeting on payment of requisite fee and the company refused to give such inspection, he may apply to the Tribunal in Form No NCLT-9 for direction to the company for inspection of minute-book of general meeting.
(1) Where it appears to the directors of a company that the financial statement of the company or the report of the Board do not comply with the provisions of section 129 or section 134, the application shall be filed in Form No. NCLT-1 within fourteen days of the decision taken by the Board.
(2) In case the majority of the directors of company or the auditor of the company has been changed immediately before the decision is taken to apply under section 131, the company shall disclose such facts in
(1) An application may be filed by the director on behalf of the company or the aggrieved auditor to the Tribunal in Form NCLT-1 and shall be accompanied by such documents as are mentioned in Annexure “B”.
(2) Where the Tribunal is satisfied on an application of the company or the aggrieved person that the rights conferred by the provisions of section 140 are being abused by the auditor, then, the copy of the representation need not be sent and the representation need not be read out at the meeting
The Company or any other person who claims to be aggrieved may make an application to the Tribunal in Form NCLT-1 and shall be accompanied with such documents as are mentioned in Annexure B.
An application under section 213 may be made in Form NCLT-1 and shall be accompanied with such documents as are mentioned in Annexure B.
(1) An Application under clause (a) or clause (b) of sub-section (1) of section 241 of the Act, shall be filed in the Form NCLT-1 and shall be accompanied with such documents as are mentioned in Annexure B.
(2) Where an application is presented under section 241 on behalf of any members of a company entitled to apply under sub-section (1) of the said section, by any one or more of them, the letter of consent signed by the rest of the members so entitled authorising the applicant or the applicants t
(1) An application under clause (a) or clause (b) of sub-section (1) of section 241 of the Act, shall not be withdrawn without the leave of the Tribunal.
(2) An Application for withdrawal under sub-rule (1) shall be filed in the Form NCLT-9.
(1) An application under clause (b) of sub-section (1) of section 243 of the Act for leave to any of the persons mentioned therein to be appointed or to act as the managing director or other director or manager of the company, shall be filed as per the appropriate Form NCLT-1 and shall be accompanied with such documents as are mentioned in Annexure B.
(2) An application under sub - rule (1) shall state whether a notice of intention to apply for such leave, as required under the proviso to sub-secti
(1) An application under sub-section (1) of section 245, read with sub-section (3) of section 245 of the Act, shall be filled in Form NCLT-9.
(2) A copy of every application under sub-rule (1) shall be served on the company, other respondents and all such persons as the Tribunal may direct.
Legal Comments- Introduction - NCLT Rules, 2016 and NCLAT Rules, 2016 govern insolvency/ winding up proceedings; sources discuss procedural compliance, limitations, and jurisdiction across NCLT/NCLAT and High Courts [LOKHANDWALA KATARIA CONSTRUCTION PRIVATE LIMITED VS NISUS FINANCE AND INVESTMENT MANAGERS LLP - 2017 0 Supreme(SC) 1741], [Sanjay Pandurang Kalate VS Vistra ITCL (India) Limited - 2024 1 Supreme 223], [Ashdan Properties Pvt. Ltd. VS DSK Global Education And Research Pvt. Ltd. - 2025 0 Supreme(SC) 1178].- What Section Says - Section 84 of NCLT Rules, 2016 provides rights to apply under section 245; other entries show interplay of Rules 14/15/22(2) of NCLAT and Section 61/62 filings in IBC appeals , [Ashdan Properties Pvt. Ltd. VS DSK Global Education And Research Pvt. Ltd. - 2025 0 Supreme(SC) 1178].- Essential ingredients - Proper service, certified copy, compliance with Rule 22(2) for appeals; timelines under IBC Sections 61/62; need for hearing and reasoned orders; compliance with transfer/pending proceedings rules [Jai Balaji Industries Limited VS State Bank of India - 2019 0 Supreme(SC) 312], [Yennarkay R. Rajarathinam S/o. Late Yennarkay Ravindran VS Selvarathnam Matches Private Limited - 2017 0 Supreme(Mad) 4054].- Scope of Section - Judicial review avenues: IBC is a complete code with three-tier mechanism (NCLT, NCLAT, Supreme Court), with Article 226/227 as applicable; limits on entertaining writs when statutory remedies exist [Embassy Property Developments Pvt. Ltd. State of Karnataka VS State of Karnataka - 2019 8 Supreme 741], [Kamlesh Trading Company VS Kiran Processors Private Limited - 2022 0 Supreme(Guj) 225], [Indowind Energy Limited VS Union of India, Rep. by the Secretary, Ministry of Corporate Affairs - 2019 0 Supreme(Mad) 1783].- Punishment for Section - Violations attract natural justice concerns; orders can be set aside or remanded for compliance; non-compliance may lead to dismissal of petitions or setting aside of orders (e.g., natural justice violations in NCLAT/NCLT decisions) [Jai Balaji Industries Limited VS State Bank of India - 2019 0 Supreme(SC) 312], [Yennarkay R. Rajarathinam S/o. Late Yennarkay Ravindran VS Selvarathnam Matches Private Limited - 2017 0 Supreme(Mad) 4054].- Inherent powers and settlements - NCLAT may exercise inherent powers in certain circumstances (Article 142) to record settlements post-admission; but procedural rules constrain such use; settlements can be recorded and disputes quieted [LOKHANDWALA KATARIA CONSTRUCTION PRIVATE LIMITED VS NISUS FINANCE AND INVESTMENT MANAGERS LLP - 2017 0 Supreme(SC) 1741], [LOKHANDWALA KATARIA CONSTRUCTION PRIVATE LIMITED VS NISUS FINANCE AND INVESTMENT MANAGERS LLP - 2017 0 Supreme(SC) 1741].- Limitation and filing - NCLAT/NCLT limitation issues: e-filing can impact computation; Rule 22(2) requires certified copy; time limits may be extended with care; Supreme Court/SC judgments recognize nuanced limits (e.g., condonation, 45-day cap) [Sanjay Pandurang Kalate VS Vistra ITCL (India) Limited - 2024 1 Supreme 223], [Yennarkay R. Rajarathinam S/o. Late Yennarkay Ravindran VS Selvarathnam Matches Private Limited - 2017 0 Supreme(Mad) 4054], [Greeta Mani VS JJ Fincap Private Limited - 2022 0 Supreme(Mad) 3879].- Transfer of pending proceedings - Rules 3/5 of Transfer of Pending Proceedings Rules 2016 facilitate transfer to NCLT/NCLAT; High Courts retain jurisdiction for certain winding-up revival matters; moot on interplay with 2016 amendments [Indowind Energy Limited VS Union of India, Rep. by the Secretary, Ministry of Corporate Affairs - 2019 0 Supreme(Mad) 1783], [Bank Of Nova Scotia Ground Floor, Mumbai VS OPTO Infrastructure Limited - 2019 0 Supreme(Kar) 965], [Reliance Communications Infrastructure Limited vs Bharat Sanchar Nigam Limited - Delhi (2021)].- Judicial review and alternative remedies - IBC is a complete code; High Courts should exercise Article 226/227 with caution; alternative remedy via NCLAT is available; judicial review not preferred where statutory remedy exists [Embassy Property Developments Pvt. Ltd. State of Karnataka VS State of Karnataka - 2019 8 Supreme 741], [Central Bank of India VS Shanthi Rajkumar - 2019 0 Supreme(Mad) 1770], [Amit Ranjan Mukherjee VS State Bank Of India - 2020 0 Supreme(Cal) 68].- Procedure for filing and service - Rule 22(1)-(6) of NCLAT Rules requires forms, service on opposite party, and copies; Rule 34(4) requires affidavit before NCLT; non-compliance leads to dismissal or remand [Yennarkay R. Rajarathinam S/o. Late Yennarkay Ravindran VS Selvarathnam Matches Private Limited - 2017 0 Supreme(Mad) 4054], [Livein Aqua Solutions Private Limited vs HDFC Bank Limited - 2025 8 Supreme 762].- Settlement withdrawals - Section 12A permits withdrawal/settlement post CoC constitution; pre-CoC withdrawal allowed if settled; NCLAT/NCLT interplay governs interim orders; settlements can be allowed without affecting CoC rights [Ashok G. Rajani VS Beacon Trusteeship Ltd. - 2022 0 Supreme(SC) 959], [Ashdan Properties Pvt. Ltd. VS DSK Global Education And Research Pvt. Ltd. - 2025 0 Supreme(SC) 1178].- Limitation – Section 7/Section 9 issues - Several cases hold that limitation can bar petitions unless there is a plausible dispute; e.g., Section 9 applications barred by limitation, requiring fresh consideration or remand; necessity to examine existence of dispute rather than merits at that stage [SVG Fashions Pvt. Ltd. (Earlier Known as SVG Fashions Ltd. VS Ritu Murli Manohar Goyal - 2022 4 Supreme 714], [Gouri Shankar Jain VS Punjab National Bank - 2019 0 Supreme(Cal) 775], [00900052654].- Jurisdiction over fraud and MMDR - NCLT/NCLAT may inquire into fraud, but not to adjudicate disputes under MMDR Act; high court judicial review remains available for such statutory disputes; avoid bypassing statutory remedies [Bank Of Nova Scotia Ground Floor, Mumbai VS OPTO Infrastructure Limited - 2019 0 Supreme(Kar) 965], [Embassy Property Developments Pvt. Ltd. State of Karnataka VS State of Karnataka - 2019 8 Supreme 741], [Indowind Energy Limited VS Union of India, Rep. by the Secretary, Ministry of Corporate Affairs - 2019 0 Supreme(Mad) 1783].- Dress code and natural justice - NCLT/NCLAT cannot override bar Council rules; dress code directives while controversial were struck down or questioned; natural justice requires adherence to statutory dress norms and processes [R. Rajesh VS Union of India represented by its Ministry of Corporate Affairs, Shastri Bhawan Dr. Rajendra Prasad Road, New Delhi - 2023 0 Supreme(Mad) 1120].- Suspension and moratorium - Section 14 moratorium scope may affect pending proceedings; remand for fresh consideration if moratorium coverage is unclear; tribunal orders must be subject to proper examination [National Plywood Industries Ltd. VS Union Of India - 2020 0 Supreme(Gau) 369].- Winding up and transfer decisions - Transfer of winding up petitions to NCLT under Rules 5; necessity to serve petition with proper Form; High Courts’ continuation of winding up matters may be affected by 2016-transfer rules [National Plywood Industries Ltd. VS Union Of India - 2020 0 Supreme(Gau) 369], [Reliance Communications Infrastructure Limited vs Bharat Sanchar Nigam Limited - Delhi (2021)].- CoC and valuation power - NCLT cannot generally reorder CoC commercial decisions or require asset revaluation absent valid justification; recording reasons is essential; jurisdiction limited to Code compliance [Ramkrishna Forgings Limited VS Ravindra Loonkar, Resolution Professional of ACIL Limited - 2023 0 Supreme(SC) 1172].- Public law and judicial review - Government-ministry actions (e.g., mining lease disputes) require judicial review in High Courts; NCLT/NCLAT do not replace public law remedies; hierarchy of review remains [Panchmal Properties VS Union of India - 2021 0 Supreme(Kar) 629], [Indowind Energy Limited VS Union of India, Rep. by the Secretary, Ministry of Corporate Affairs - 2019 0 Supreme(Mad) 1783].- Intra-system consistency - Constitution Bench references show need to maintain basic structure and separation of powers; tribunals must operate within statutory framework while preserving judicial review reserve for High Courts/Supreme Court [Murli Industries Limited VS Primo Pick N Pack Private Limited - 2018 0 Supreme(Bom) 1604], [Nathellasampath Jewellary (P) Ltd. VS Hemant Mehta - 2019 0 Supreme(Mad) 2933].- Access to remedy and liberty to appeal - Writ petitions challenged orders of NCLT/NCLAT face dismissal if adequate statutory remedy exists; liberty to appeal to NCLAT is common outcome [New India Assurance Co. Ltd. VS Latha - 2018 0 Supreme(Mad) 346], [Central Bank of India VS Shanthi Rajkumar - 2019 0 Supreme(Mad) 1770].- Final takeaway - The National Company Law system emphasizes strict adherence to timelines, proper service, certified copies, and procedural rules; where violations occur, remedies include setting aside orders, remanding, or dismissing petitions, while settlement withdrawal and Section 12A provide flexibility within statutory boundaries [Ashdan Properties Pvt. Ltd. VS DSK Global Education And Research Pvt. Ltd. - 2025 0 Supreme(SC) 1178], [LOKHANDWALA KATARIA CONSTRUCTION PRIVATE LIMITED VS NISUS FINANCE AND INVESTMENT MANAGERS LLP - 2017 0 Supreme(SC) 1741], [Commissioner of Customs vs PSL Ltd. - 2025 0 Supreme(Guj) 1513].
(1) Without prejudice to the generality of the provisions of sub-section
(4) of section 245 of the Act, the Tribunal may, while considering the admissibility of an application under the said section, in addition to the grounds specified therein, take into account the following:
(a) whether the class has so many members that joining them individually would be impractical, making a class action desirable;
(1) A member of a class action under section 245 of the Act is entitled to opt-out of the proceedings at any time after the institution of the class action, with the permission of the Tribunal, as per Form No. NCLT-1.
(2) For the purposes of this rule, a class member who receives a notice under clause (a) of sub section (5) of section 245 of the Act shall be deemed to be the member of a class, unless he expressly opts out of the proceedings, as per the requirements of the notice issued by the Tribu
(1) For the purposes of clause (a) of sub section (5) of section 245 of the Act, on the admission of an application filed under sub-section (1) of section 245 of the Act, a public notice shall be issued by the Tribunal as per Form No. NCLT-13 to all the members of the class by-
(a) publishing the same within seven days of admission of the Application by the Tribunal at least once in a vernacular newspaper in the principal vernacular language of the State in which the registered office of the compan
Any reference to the Tribunal by the Registrar of Companies under section 441 of the Act, or any reference to the Tribunal by the Central Government under proviso to sub-section (5) of section 140, 221, sub-section (2) of section 224, sub-section (5) of section 224, sub-section (2) of section 241 of the Act, or reference under sub-section (2) of section 75 or any complaint by any person under sub-section(1) of section 222, or any reference by a company under clause (c) of sub-section (4) of section 22A of the Securities Contracts (Regulations) Act, 1956 shall be made by way of a petition or application in Form No. NCLT- 9 in Annexure A and shall be accompanied by documents mentioned in Annexure-B.
(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 President, 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;
(1) If by reason of declaration of holiday or for any other unforeseen reason, the Bench 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 a Member of the Bench, the Registrar shall, unless otherwise directed, adjourn the cases posted be
(1) Diaries shall be kept by the clerk-in-charge in such form as may be specified in each appeal or petition or application and they shall be written legibly.
(2) The diary in the main file shall contain a concise history of the appeal or petition or application, 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 initi
(1) The Court Master of the Bench shall maintain order sheet in every proceedings and shall contain all orders passed by the Tribunal from time to time .
(2) All orders passed by the Tribunal shall be in English and the same shall be signed by the Members of the 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 directed by the Member of t
(1) The Court Master of the Bench shall maintain legibly a Court Diary, wherein he shall record the proceedings of the court 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 court 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
The parties or legal practitioners 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 photocopy of full text thereof.
Subject to the orders of the Bench, the Court Master shall call the cases listed in the cause list in the serial order.
(1) When the Tribunal 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 Court Hall and no disturbance whatsoever is caused to the functioning of the Bench and that proper care is taken to maintain digni
The following Registers shall be maintained and posted on a day to day basis by the Registry of the Tribunal by such ministerial officer or officers as the Registrar may, subject to any order of the President, direct -
(a) register of petitions;
(b) register of unnumbered petitions or appeals;
(c) register of caveats lodged; and
The record of appeal or petition shall be divided into the following four parts and shall be collated and maintained -
(a) main file : (Petition being kept separately);
(b) miscellaneous application file;
(c) process file; and
(d) execution file
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;
The process file shall contain the following items; namely -
(a) index;
(b) power of attorney or vakalatnama;
(c) summons and other processes and affidavits relating thereof;
(d) applications for summoning witness;
(e) letters calling records; and
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 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. (1) All necessary documents and records relating to petitions or applications dealt with by the Tribunal shall be stored or maintained as provided in these rules and other physical records kept in a record room shall be preserved for a period of five years after the passing of the final order. (2) Notwithstanding anything contained in sub-rule (1) the record of the petitions or applications dealt with by the Tribunal including the orders and directions passed by the Tribunal, shall (1) The Record Keeper or any other officer so designated shall be responsible for the records consigned to the Record Room. He shall scrutinize the records received by him within three days and prepare an index. (2) On the expiry of the period for preservation of the records specified under rule 103, the Registrar shall weed out the record.R.103 Preservation of Record.—
R.104 Retention, Preservation and Destruction of Records.—
(1) Where notice of an appeal or petition for caveat or interlocutory application is issued by the Tribunal, copies of the same, the affidavit in support thereof and if so ordered by the Tribunal, the copy of other documents filed therewith, if any, shall be served along with the notice on the other side.
(2) The aforesaid copies shall show the date of presentation of the appeal or petition for caveat or interlocutory application and the name of the authorised representative, if any, of such party
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 petition or application by registered post or courier service and file affidavit of service with its proof of acknowledgement before the date fixed for hearing.
(1) If any notice issued under rule 105 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.
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 a period as ordered by the Tribunal from the date of return of the notice on the respondent, the Registrar shall post the case before the Bench for further directions or for dismissal for non-prosecution.
The judicial branch 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.
Where the respondent, despite effective service of summons or notice on him does not appear before the date fixed for hearing, the Tribunal may proceed to hear the appeal or application or petition ex-parte and pass final order on merits:
Provided that it is open to the Tribunal to seek the assistance of any counsel as it deems fit in case the matter involves intricate and substantial questions of law having wide ramifications.
(1) The respondent, if so directed, shall file objections or counter within the time allowed by the Tribunal.
(2) The objections or counter shall be verified as an appeal or petition and wherever new facts are sought to be introduced with the leave of the 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 fil
(1) In respect of the several matters mentioned in the Annexures, there shall be paid fees as prescribed in the Schedule of Fees appended to these rules;
Provided that no fee shall be payable or shall be liable to be collected on a petition or application filed or reference made by the Registrar of Companies, Regional Director or by any officer on behalf of the Central Government.
(2) In respect of every interlocutory application, there shall be
(1) Whenever the Tribunal deems fit, it may award cost for meeting the legal expenses of the respondent of defaulting party.
(2) The 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.
(1) The parties to any case or their authorised representative may be allowed to inspect the record of the case by making an application in writing to the Registrar and by paying the fee prescribed thereof.
(2) Subject to such terms and conditions as may be directed by the President 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.
Inspection of records of a pending or decided case before the Tribunal shall be allowed only on the order of the Registrar.
(1) Application for inspection of record under sub-rule (1) and (2) of rule 114, shall be presented at 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.
(3) Inspection of
(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 authorised in that behalf by the Registrar.
(2) The person inspecting the records shall not in any manner cause dislocation, mutilation, tampering or damage to the records in the course of in
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.
Subject to as hereinafter provided, no legal practitioner or authorised representative shall be entitled to appear and act, in any proceeding before the Tribunal unless he files into Tribunal vakalatnama or Memorandum of Appearance as the case may, duly executed by or on behalf of the party for whom he appears.
A legal practitioner proposing to file a Vakalatnama or Memorandum of Appearance as the case may be, in any pending case or proceeding before the Tribunal in which there is already a legal practitioner or authorised representative on record, shall do so only with the written consent of the legal practitioner or the authorised representative on record or when such consent is refused, with the permission of the Tribunal after revocation of Vakalatnama or Memorandum of Appearance as the case may be, on an application filed in this behalf, which shall receive consideration only after service of such application on the counsel already on record.
A legal practitioner or the authorised representative as the case may be, who has tendered advice in connection with the institution of any case or other proceeding before the Tribunal or has drawn pleadings in connection with any such matter or has during the progress of any such matter acted for a party, shall not, appear in such case or proceeding or other matter arising therefrom or in any matter connected therewith for any person whose interest is opposed to that of his former client, except with the prior permission of the Tribunal.
The party who has engaged a legal practitioner or authorised representative to appear for him before the Tribunal may be restricted by the Tribunal in making presentation before it.
(1) The Tribunal may draw up a panel of authorised representatives or valuers or such other experts as may be required by the Tribunal to assist in proceedings before the Tribunal.
(2) The President may call upon any of the persons from panel under sub-rule (1) for assistance in the proceedings before the Bench, if so required.
(3) The remuneration payable and other allowances and compensation admissible to such persons shall be s
While appearing before the Tribunal, the authorised representatives shall wear the same professional dress as prescribed in their Code of Conduct.
Every affidavit shall be titled as ‘Before the National Company Law Tribunal.’ followed by the cause title of the appeal or application or other proceeding in which the affidavit is sought to be used.
The affidavit shall conform to the requirements of order XIX, rule3 of Civil Procedure Code, 1908 (5 of 1908).
Affidavits shall be sworn or affirmed before an advocate or notary, who shall affix his official seal.
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, the attester 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 attester in Form NCLT-14.
If the deponent is not known to the attester, his identity shall be testified by a person known to him and the person identifying shall affix his signature in token thereof.
(1) Document accompanying an affidavit shall be referred to therein as Annexure number and the attester shall make the endorsement thereon that this is the document marked putting the Annexure number in the affidavit.
(2) The attester shall sign therein and shall mention the name and his designation.
(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 document the production of which is sought, the relevancy of the document 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.
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Notwithstanding anything contained in these rules, the Tribunal may, suo motu, issue summons for production of public document or other documents in the custody of a public officer.
(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 Tribunal exhibits shall be marked as ‘C’ series.
(2) The Tribunal may direct the ap
(1) An application for return of the documents produced shall be numbered and no such application shall be entertained after the destruction of the records.
(2) The Tribunal may, at any time, direct return of documents produced subject to such conditions as it deems fit.
The provisions of the Orders XVI and XXVI of the Code of Civil Procedure, 1908 (5 of 1908), shall mutatis mutandis 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.
The Tribunal may in its discretion examine any witness in camera.
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”.
Oath or solemn affirmation shall be administered to the interpreter in the following form before the Bench Officer or the Court Officer as the case may be, 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.”
The oath or affirmation shall be administered by the Court Master.
(1) The Deposition of a witness shall be recorded in Form NCLT-16.
(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. If not satisfied, a note to the effect be appended at the bottom of the deposition.
The witnesses called by the applicant or petitioner shall be numbered consecutively as PWs and those by the respondents as RWs.
Witness discharged by the Tribunal may be granted a certificate in Form NCLT-17 by the Registrar.
(1) Where the 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 Allowances 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 in the opinion of the Registrar sufficient to defray the tr
(1) The Commissioner shall be furnished by the Tribunal with such of the records of the case as the 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 and delivery and return of records shall be made under proper acknowledgement.
The Commissioner may, if necessary, take specimen of the handwriting, signature or fingerprint of any witness examined before him.
On receipt of an application, petition, appeal etc, the Tribunal, after giving the parties a reasonable opportunity of being heard, pass such orders thereon as it thinks fit:
Provided that the Tribunal, after considering an appeal, may summarily dismiss the same, for reasons to be recorded, if the Tribunal is of opinion that there are no sufficient grounds for proceedings therewith.
All orders or directions of the Bench shall be stated in clear and precise terms in the last paragraph of the order.
Every Member of the Bench who has prepared the order shall initial all corrections and affix his initials at the bottom of each page.
The Tribunal may, in its discretion, pass such order in respect of imposing costs on the defaulting party as it may deem fit.
(1) The Tribunal, after hearing the applicant and respondent, shall make and pronounce an order either at once or, as soon as thereafter as may be practicable but not later than thirty days from the final hearing.
(2) Every order of the Tribunal shall be in writing and shall be signed and dated by the President or Member or Members constituting the Bench which heard the case and pronounced the order.
(3) A certified copy of every order passed by
(1) Any Member of the Bench 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 President and Members was pronounced in open court on behalf of the Bench.
(1) If the Members of the Bench who heard the case are not readily available or have ceased to be Members of the Tribunal, the President 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.
(2) The order pronounced by the Member so authorised shall be deemed to be duly pronounced.
(3) The Member so authorised for pronouncem
Where any period is fixed by or under these rules, or granted by Tribunal for the doing of any act, or filing of any document or representation, the Tribunal may, in its discretion from time to time in the interest of justice and for reasons to be recorded, enlarge such period, even though the period fixed by or under these rules or granted by the Tribunal may have expired.
(1) Any clerical or arithmetical mistakes in any order of the Tribunal or error therein arising from any accidental slip or omission may, at any time, be corrected by the Tribunal on its own motion or on application of any party by way of rectification.
(2) An application under sub-Rule (1) may be made in Form No. NCLT. 9 within two years from the date of the final order for rectification of the final order not being an interlocutory order.
The Tribunal may, within a period of thirty days from the date of completion of pleadings, and on such terms as to costs or otherwise, as it may think fit, amend any defect or error in any proceeding before it; and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding.
Immediately on pronouncement of an order by the Bench, 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.
(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 ca
After communication of the order to the parties or legal practitioners, the official concerned shall arrange the records with pagination and prepare in the Index Sheet in Form no. to be prescribed by the Tribunal. He shall affix initials and then transmit the records with the Index initials to the records room.
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.
The certified copy of the order passed by the Tribunal shall be filed by the company in form INC-28 alongwith fee of Rupees five hundred with the Registrar of Companies within the time specified in the Act or specified by the Tribunal. Where no time limit is prescribed by the Tribunal, such order shall be filed within thirty days from the date of receipt of certified copy of the order.
(1) The officer in charge of the Registry shall send copies of every final order to the library of the Tribunal.
(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.
(1) A Register in Form NCLT-18 shall be maintained in regard to appeals, petitions, etc., against the orders of the Tribunal to the National Company Law Appellate Tribunal and necessary entries therein be promptly made by the judicial branch. (2) The register shall be placed for scrutiny by the President in the first week of every month.
Whenever an interim or final order passed by the National Company Law Appellate Tribunal in an appeal or other proceeding preferred against a decision of the Tribunal is received, the same shall forthwith be placed before the President and Members for information and kept in the relevant case file and immediate attention of the Registrar shall be drawn to the directions requiring compliance.
Section R.164 of the National Company Law Tribunal Rules, 2016, pertains to the procedural aspect of how orders passed by the National Company Law Appellate Tribunal (NCLAT) are to be presented before the NCLT. It ensures the proper communication and recording of appellate decisions within the tribunal's proceedings.
Section R.164 mandates that whenever an interim or final order is passed by the NCLAT, such orders must be placed before the NCLT. This facilitates the tribunal's awareness and consideration of appellate decisions relevant to ongoing or pending cases.
The provided sources do not specify any explicit punishment or penalty for failure to comply with Section R.164. It primarily functions as a procedural requirement to facilitate proper record-keeping and communication.
It shall be the duty of the Registrar to take expeditious steps to comply with the directions of the National Company Law Appellate Tribunal.
FORM NO. NCLT. 1 [see rules 34, 64, 66, 67, 68, 69, 70, 71, 73, 74, 75, 77, 78, 79, 80, 81, 83, 86 and 87]
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