National Company Law Appellate Tribunal Rules, 2016

{To be published in the Gazette of India, Extraordinary, Part II, Section
3, sub-section lil)
MINISTRY OF CORFORATE AFFAIRS
Notification
New Delhi, the 2ls*, 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;-
1. Short title and Commencement - (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.
PART - I
Definltions, forms and etc.
2. Definitlons.- In these rules, unless the context otherwise requires,
(l) 'Acto means the Companies Act, 2013 (18 of 2013);
(2) caddress for senrice' 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) 'advocatet means a person who is entitled to practise as such under the
Advocates Act, 1961 (25 of 1961);
(4) capplicantt means a petitioner or an appellant or any other person or
entity capable of making an application including an interlocutory application
or a petition or an appeal under the Act;
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(5) 'application' means any application, interlocutory application or
proceedings filed under the provisions of the Act, including any transferred
application or transferred petition as defined under sub-rule (29;
(6) 'authorised representative" means a person authorised in writing by a
party to present his case before the Tribunal as the representative of such
party as provided under section 432 ofthe Act;
(7) 'Bench' means a Bench ofthe Tribunal constituted under section 419 of
the Act and includes Circuit Benches constituted by the President with prior
approval ofthe Central Government to sit at such other geographical locations
as may be necessary having regard to requirements;
(8) 'Central Registry' means the registry in which all the applications or
petitions and documents are received by the Registrar for allocation to the
concerned Bench of the Tribunal for disposal;
(9) 'certified' means in relation to a copy of a document as hereunder;-
(a) certified as provided in section 76 of the Indian Evidence Act, 1872; or
(b) certified as provided in section 6 of Information Technologr Act, 20O0;
or
(c) certified copy issued by the Registrar of Companies under the Act;
(d) copy of document as may be a downloaded from any online portal
prescribed under section 398 of the Act or a photo copy of the original
pertaining to any company registered with the Ofhce of the Registrar of
Companies of the concerned State duly certified by a legal practitioner
or a chartered accountant or a cost accountant or a company secretary;
(10) 'certified by Tribunal' means in relation to a copy of a document,
certified to be a true copy issued by the Registry or ofa Bench of the Tribunal
under its hand and seal and as provided in section 76 ofthe Indian Evidence
Act, 1872 (l ol 18721;
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(11) 'creditor' means any person to whom a debt is owed;
(721 ufee" means the amount payable in pursuance of the provisions of the
Act and these rules for any petition or application or interlocutory application
or a document or for certified copy of document or order of the Tribunal or
such other paper as may be specified in Schedule of Fees to these rules and
includes any modilications as may be made thereto or any fee as prescribed
for filing of documents to the Tribunal by these rules;
(13) 'filer" means an authorised representative ofthat person or any party to
the proceedings who files any document with the Tribunal in relation to a case
Iiled under the Act, or any rules thereunder;
(14) "filed" means filed in the office of the Registry of the Tribunal;
(15) 'interlocutory application' means an appiication in any appeal or
original petition on proceeding already instituted in the Tribunal, but not
being a proceeding for execution of the order or direction of Tribunal;
(16) aparty'means a person who prefers an appeal or application or petition
before the Tribunal and includes respondent or any person interested in the
said appeal or application or petition including the Registrar of Companies or
the Regional Director or Central Government or State Government or of{icial
liquidator and any person who has a right under the Act, or the Reserve Bank
of India Act 1934 (2 of 193a) to make suggestions or submissions or objections
or reply;
(17) (petition'means a petition or an application or an appeai or a complaint
in pursuance of which any proceeding is commenced before the Tribunal;
(18) aperson interested' means a shareholder, creditor, employee, transferee
comDanv and other comoanv concerned in relation to the term or context
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referred to in the relevant provisions of the Act or any person aggrieved by any
order or action of any company or its directors;
( 19) 'pleadings' means and includes application including interlocutory
application, petition, appeal, revision, reply, rejoinder, statement, counter
claim, additional statement supplementing the original application and reply
statement under these rules and as may be permitted by the Tribunal;
(20) 'reference" means a reference within the meaning of rule 88 of these
rules;
(21) "Registrar' means Registrar of the Tribunal and includes such other
officer of the Tribunal or Bench to whom the powers and functions of the
Registrar is delegated;
(22) "Registry' means the Registry of the Tribunal or any of its Benches, as
the case may be, which keeps records of the applications and documents
relating thereto;
(23) 'Reeerve Bank' means the Reserve Bank of India and includes its
branches and agencies as defined in the Reserve Bank of India Act, 1934 (2
of 1934);
(24) "Sealed' means sealed with the seal of the Tribunal:
(25) "Secretary" means Secretary of the Tribunal and in the absence of
Secretary, such other offrcer of the Tribunal to whom the powers and
functions ofthe Secretary are delegated.
(26) 'secured creditor' means a creditor in whose favour a security interest
is created:
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(27) 'securlty interest'means right, title or interest or a claim to property,
created in favour of, or provided for a secured creditor by a transaction which
secures payment or performance of an obligation and includes mortgage,
charge, hypothecation, assignment and encumbrance or any other agreement
or arrangement securing payment or performance of any obligation of any
person:
Provided that security interest shall not include a performance
guarantee.
(28) "section" means a section of the Act;
(29) atransferred application' or atransferred petition' means any
proceeding which has been transferred to the Tribunal from the Company Law
Board, the High Court, District Court, Board for Industrial and Financial
Reconstruction as provided in clause (a), (c) and (d) of sub-section(1) of sectton
434 of the Act:
(3O) words and expressions used herein and not delined but defined in the
Act shall have the respective meanings assigned to them in the Act.
3. Computation of time period.- Where a period is prescribed by the Act and
these rules or under any other law or is frxed 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 shail also be excluded.
4. Forms.- The forms annexed as Annexure A' to these rules with such
modifications or variations as the circumstances of each case may requlre
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.
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5. Format of order or direction or rule.- 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.
6. Oflicial 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.
7. Custody of the records.- The Registrar shall have the custody of the
records ofthe 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.
8. Sitting of the Tribunal.- The Tribunal shal1 hold its sittings either at its
headquarter or at such other place falling within its territorial jurisdiction as
it may consider convenient.
9. Sitting hours.- The sitting hours of the Tribunal sha11 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.
10. Working hours.- (1) Except on Saturdays, Sundays and other National
Holiday, the ofhce of the Tribunal shall remain open on all working days from
09.30 A.M. to 6.00 P.M.
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(2) The Filing Counter
10.30 AM to 5.00 P.M.
of the Registry shall be open on all working days from
11. Inherent Powers, - 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
Drocess of the Tribunal.
12. Calendar.- The calendar ofdays of working of Tribunal in a year shall be
as decided by the President of the Tribunal.
13. Listing of cases.- An urgent matter fi1ed before 12 noon shal1 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.
14. Power to exempt.- 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.
15. Power to extend time.- 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.
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PART-II
Power and functions of President, Registrar and Secretary
16. Functions ofthe President.- 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 ofcases by the Tribunal;
(b) direct the Registry in the performance of its functions;
(c) prepare an annual report on the activities ofthe Tribunal;
(d) transfer any case from one Bench to other Bench when the
clrcumstances so warrant;
(e) to withdraw the work or case from the court of a member.
(f) perform the functions entrusted to the President under these rules
and such other powers as my be relevant to carry out his duties as
head of the Tribunal while exercising the general superintendence
and control over the administrative functions of the Members,
Registrar, Secretary and other staffofthe Tribunal.
17. Functions of the Registrar.- (1) The Registrar shall have the following
functions. namelv:-
registration of appeals, petitions and applications;
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 summons or notices and for short
date summons and notices:
receive applications for substituted service of summons or notices;
receive applications for seeking orders concerning the admission
and inspection of documents;
transmission of a direction or order to the civil court as directed by
Tribunal with the prescribed certificates for execution etc., and
(a)
(b)
(e)
(0
(e)
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(h) such other incidental or matters as the President may direct from
time to time.
(2) All adjournments shall normally be sought before the concerned Bench rn
court and in extraordinary circumstances, the Registrar may, if so directed by
the Tribunal in chambers, at any time
before the Tribunal in chambers.
adjourn any matter and lay the same
18. Functions of the Secretary- (1) There sha1l be a Secretary at the
Principal Bench of the Tribunal, New Delhi.
(21 The Secretary shall, under the generai 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 ofthe long term projects and initiatives ofthe Tribunal'
(b) supervise the divisions and sections of the Human Resources;
(c) prepare, monitor and manage budgetary allocations and financial
managements of the Tribunal and the Benches;
(d) provide all necessary support in the day to day operations of the
Tribunal:
(e) manage and supervise the facilities and administrative services of the
Tribunal:
(f) manage and administer the public grievances mechanism of the
Tribunal;
(g) coordinate with authorised representatives and other professionals in
the smooth functioning of the Tribunal;
(h) oversee information and communication technologr and other
technological facilities in the Tribunal;
(i) manage and facilitate communication and services of the Tribunal;
(j) manage, monitor and administer the public affairs and public safety
provisions within the premises of the Tribunai; and
(k) supervise library and research wings of the Tribunal.
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19. Delegation of powers by the President.- 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.
PART-III
Institution of proceedings, petition, appeals etc.
20. Procedure. -(1) Every appeal or petition or application or caveat petitlon
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 sha1l 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;
(2) The cause title shall state "Before the National Company Law Tribunal"
and shall specify the Bench to which it is presented and also set out the
proceedings or order of the authority against which it is preferred.
(3) Appeal or petition or application or counter or objections shall be divided
into paragraphs and shall be numbered consecutively and each paragraph
shall contain as nearly as may be, a separate fact or allegation or point.
(4) Where Saka or other dates are used, corresponding dates of Gregorian
Calendar shall also be given.
(5) Full name, parentage, age, description of each party and address and rn
case a party sues or being sued in a representative character, shaii also be
set out at the beginning of the appeai or petition or application and need not
be repeated in the subsequent proceedings in the same appeai or petition or
application.
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(6) The names of parties shall be numbered consecutively and a separate hne
should be allotted to the name and description of each partv.
(71 These numbers shall not be changed and in the event of the death of a
party during the pendency of the appeal or petition or matter, his legal heirs
or representative, as the case may be, if more than one sha1l be shown by
sub-numbers.
(8) Where fresh parties are brought in,
consecutively in the particular category, in which
they
they
(9) Every proceeding shall state immediately after the cause title the
of law under which it is oreferred.
may be numbered
are brought in.
21. Particulars to be set out in the
service of summons shall be filed with
or caveat on behalf of a party and shall
items namely:-
(a) the name of the road, street, lane
address for service.- The address for
every appeal or petition or application
as far as possible contain the foilowing
and Municipal Division or Ward,
of the house;
(b)
(c)
Municipal Door and other number
the name of the town or village;
the post office, postal district and PIN Code, and
(d) any other particulars necessary to locate and identify the addressee
such as fax number. mobile number. valid e-mail address. if anv.
22. Initialling alteration.- 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.
23. Presentation of petition or appeal .- (1) Every petition, application,
caveat, interlocutory application, documents and appeal shall be presented
in triplicate by the appellant or appiicant or petitioner or respondent, as the
case may be, in person or by his duly authorised representative or by an
advocate duiy appointed in this behalf in the prescribed form with stipulated
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fee at the filing counter and non-compliance of this may constitute a valid
ground to refuse to entertain the same.
(21 Every petition or application or appeal may be accompanied by
documents duly certified by the authorised representative or advocate filing
the petition or application or appeal duly verified from the originals.
(3) All the documents filed in the Tribunal shall be accompanied by an
index in triplicate containing their details and the amount of fee paid thereon.
(41 Sufficient number of copies of the appeal or petition or application shall
also be filed for service on the opposite party as prescribed under these rules.
(5) In the pending matters, all applications shall be presented after serving
copies thereof in advance on the opposite side or his authorised
re1)resentative.
(6) The processing fee prescribed by these rules, with required number of
envelopes of sufhcient size and notice forms shall be hlled alongwith
memorandum of appeal.
24. Number of copies to be filed.- 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.
25. Lodging of caveat.- (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, detaiis 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 address for service on
other side, so that the appeal or petition or application could be served before
the appeal or petition or interim application is taken up:
Provided, that the Tribunal may pass interim orders in case ofurgency.
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(2 The caveat shall remain valid for a period of ninety days from the date
of its filins.
26. Endorsement and Verlfication.- (1) At the foot of every petition or
appeal or pleading there shall appear the name and signature of the
authorised reoresentative.
(2) Every petition or appeal shall be signed and verified by the party
concerned in the manner orovided bv these rules.
27. Translation of document.- (1) A document other than English
Ianguage 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 certihed 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 purpose by the
Registrar on payment of such charges as he may order.
(2) Appeal or petition or other proceeding shall not be set down for hearing
until and unless all parties confirm that all the documents hled on which they
intend to rely are in English or have been translated into English and required
number of copies are filed into Tribunal.
28. Endoreement and scrutiny of petition or appeal or document.-(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
affrxed on the first page of the copies and enter the particulars of all such
documents in the register after daily liling and assign a diary number which
shall be entered below the date stamp and thereafter cause it to be sent for
scrutlny.
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(2) If, on scrutiny, the appeal or petition or application or document is found
to be defective, such document shall, after notice to the party, be returned for
compliance and if there is a failure to comply within seven days from the date
of return, the same shall be placed before the Registrar who may pass
appropriate orders.
(3) The Registrar may for sufficient cause return the said document for
rectihcation or amendment to the party filing the same, and for this purpose
may allow to the party concerned such reasonable time as he may consider
necessary or extend the time for compliance.
(4) Where the party fails to take any step for the removal of the defect withrn
the time fixed for the same, the Registrar may, for reasons to be recorded in
writing, decline to register the pleading or document.
29. Registration of proceedings admitted.- 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.
30. Calling for records.- On the
application the Registrar shall, if so
records relating to the proceedings
retransmit the same.
admission of appeal or petition or
directed by the Tribunal, call for the
from any adjudicating authority and
31. Production of authorisation for and on behalf of an association.-
Where an appeal or application or petition or other proceeding purported to
be instituted by or on behalfofan 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 authorization:
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Provided further that it shall set out the list of members for whose
benefit the proceedings are instituted.
32. Interlocutory applications.- 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 shali be
complied with by the applicant, besides filing an affidavit supporting the
application.
33. Procedure on production of defaced, torn or damaged documents.-
When a document produced along with any pieading 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 bv the officer authorized to receive the
same.
PART- TV
General procedure
34. General Procedure. - (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 attachments thereto accompanied by Form No.
NCLT.2 and in case of an interlocutory application, the same shall be llled in
Form No. NCLT. I accompanied by such attachments thereto along with
Form No. NCLT. 3.
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(4) Every petition or application including interlocutory application shal1
be verified by an affidavit in Form No. NCLT.6. Notice to be issued by the
Tribunal to the opposite party shall be in Form NCLT-S.
35. Advertisement detailing petition.- (1) Where any application, petitron
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) Every such advertisement shall state;-
(a) the date on which the application, petition or reference was presented;
(b) the name and address of the applicant, petitioner and his authorised
representative, if any;
(c) the nature and substance of application, petition or reference;
(d) the date fixed for hearing;
(e) a statement to the effect that any person whose interest is likely to be
affected by the proposed petition or who intends either to oppose or
support the petition or reference at the hearing shall send a notice of
his intention to the concerned Bench and the petitioner or his
authorised representative, if any, indicating the nature of interest and
grounds of opposition so as to reach him not later than two days
previous to the day frxed for hearing.
(3) Where the advertisement is being given by the company, then the same
may also be placed on the website of the company, if any.
(4) An affidavit sha11 be fi1ed to the Tribunal, not less than three days before
the date hxed for hearing, stating whether the petition has been advertised in
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accordance with this rule and whether the notices, if any, have been duly
served upon the persons required to be served:
Provided that the affidavit shall be accompanied with such proof of
advertisement or of the service. as mav be available.
(5) Where the requirements of this rule or the direction of the Tribunai, as
regards the advertisement and service of petition, are not complied with, the
Tribunal may either dismiss the petition or give such further directions as it
thinks fit.
(6) The Tribunal may, if it thinks fit, and upon an application being made by
the party, may dispense with any advertisement required to be published
under this rule.
36. Maintenance of Caeh Register. - (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 pertaining to the Cashier who after scrutiny and
verification shall acknowledge the receipt of all moneys in the Cash Register.
(3) The official referred to in sub-rule (2) shall deposit all payments received
by way of Indian postal order or demand draft or cash in the Bank account of
the Tribunal.
37. Notice
respondent
to
to
Opposite Party.- (1) The Tribunal shall issue notice to the
show cause against the application or petition on a date of
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hearing to be specified in the Notice. Such notice in Form No. NCLT.S shall
be accompanied by a copy of the application with supporting documents.
(2) If the respondent does not appear on the date
Form No. ![CLT.S, the Tribunal, after according
the respondent, shall forthwith proceed ex-parte to
specified in the notice in
reasonable opportunity to
dispose of the application.
(3) If the respondent contests to the notice received under sub-rule (1), it may,
either in person or through an authorised representative, file a reply
accompanied with an affidavit and along with copies of such documents on
which it relies, with an advance service to the petitioner or applicant, to the
Registry before the date of hearing and such reply and copies of documents
shall form part of the record.
38. Service of Notlces and processes.- (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
representauve;
(b) by registered post or speed post with acknowledgment
(c) service by the party himself.
(3) Where a notice issued by the Tribunal is served by the party himself by
hand delivery, he shall frle with the Registrar or such other person duly
authorised by the Registrar in this behalf, the acknowledgment together with
an afhdavit of service and in case of service by registered post or by speed
post, file with the Registrar, or such other person duly authorised by the
Registrar in this behalf, an affidavit of service of notice alongwith the proof of
delivery.
or
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(4) Notwithstanding anything contained in sub-rules (1) and (2), the Tribunal
may after taking into account the number of respondents and their place of
residence or work or service could not be effected in any manner and other
circumstances, direct that notice of the petition or application shall be served
upon the respondents in any other manner, including any manner of
substituted service, as it appears to the Tribunal just and convenient.
(5) A notice or process may also be served on an authorised representative of
the applicant or the respondent, as the case may be, in any proceeding or on
any person authorised to accept a notice or a process, and such service on
the authorised representative shall be deemed to be a proper service.
(6) Where the Tribunal directs a service under sub-rule (4), such amount of
charges, as may be determined by the Tribunal from time to time, but not
exceeding the actual charges incurred in effecting the service, shall be
deposited with the registry of the Tribunal by the petitioner or applicant.
39. Production of Evidence by Affidavit.- (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 technologr facilities such as video
conferencing or otherwise as may be decided by the Tribunal, on an
application moved by any party.
(3) Every affidavit to be Iiled before the Tribunal shall be in Form No. NCLT.7.
4o. Production of additional evidence before the Bench. - (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
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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 filed to enable it to pass orders or for any other
substantial cause, or if the Inspector so appointed for the said purpose has
not given sufficient opportunity to the party to adduce evidence, the Bench,
for reasons to be recorded, may allow such document to be produced or
witness to be examined or affidavit to be filed or may allow such evidence to
be oroduced.
(2) Such document may be produced or such witness examined or such
evidence adduced either before the Bench or before such authoritv as the
Bench may direct.
(3) If the document is directed to be produced or witness examined or evidence
adduced before any authority, the party shall comply with the direction of the
Bench and after compiiance, send the document, the record of the deposition
of the witness or the record of the evidence adduced, to the Bench.
(4) Additional evidence or document shall be made available by the Bench to
the parties to the proceedings other than the party adducing the evidence and
they shall be afforded an opportunity to rebut the contents of the said
additional evidence.
41. Filing of Reply and other Documents by the Respondents. - (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 specihed by the Tribunal.
(21 A copy of the reply or the application and the copies of other documents
shall be forthwith served on the applicant by the respondent.
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(3) To the reply or documents filed under sub-rule (1), the respondent shall
specifically admit, deny or rebut the facts stated by the applicant in his
petition or application and state such additional facts as may be found
necessary in his reply.
42. Filing of Rejoinder. - 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 fiied by the respondent, with an
advance copy to be served upon the respondent.
43. Power of the Bench to call for further information or evidence. - (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
necessary for the purpose of enabling it to pass orders in the petition
or application.
(2) Without prejudice to sub-rule (1), the Bench may, for the purpose of
inquiry or investigation, as the case may be, admit such documentary and
other mode of recordings in electronic form including e-mails, books of
accounts, book or paper, written communications, statements, contracts,
electronic certificates and such other similar mode of transactions as may
legally be permitted to take into account of those as admissible as evidence
under the relevant laws.
(3) Where any party preferring or contesting a petition of oppression and
mismanagement raises the issue ol forgery or fabrication of any statutory
records, then it shall be at liberty to move an appropriate application for
forensic examination and the Bench hearing the matter may, for reasons to
be recorded, either allow the application and send the disputed records for
21 lPage

opinion of Central Forensic Science Laboratory at the cost of the party alleging
fabrication of records, or dismiss such application.
44. Hearlng of petition or applications.- (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 shail make an
application to that effect to the Tribunal, and the Tribunal on hearing the
applicant and if necessary, such other party arrayed as opposite parties in
the petition or the application or otherwise, may permit such withdrawai upon
imposing such costs as it may deem fit and proper for the Tribunal in the
interests of the iustice.
45. Righte of a party to appear before the Tribunal.- (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
filingbf 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 authorise an officer or an Advocate to
represent in the proceedings before the Tribunal.
( ) The officer authorised by the Central Government or the Regional Director
or the Registrar of Companies or the Official Liquidator shall be an officer not
below the rank of Junior Time Scale or comDanv Drosecutor.
(5) During any proceedings before the Tribunal, it may for the purpose of its
knowledge, call upon the Registrar of Companies to submit information on
22 lP age

the affairs of the company on the basis of information available in the MCA21
portal. Reasons for such directions shall be recorded in writing.
(6) There shall be no audio or video recording of the Bench proceedings by the
parties or their authorised representatives.
46. Registration of authorised representative's interns.- (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 such
application being allowed by the Registrar, his name shall be entered in the
register of interns.
47. Oath to the witness.- The Bench Ofhcer or the Court Officer, as the case
may be, shall administer the following oath to a witness:-
"I do swear in the nome of God / solemnlA affinn that what I shall state shall
be tte truth and nothing but ttrc truth."
48, Consequence of non-appearance of applicant.- (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 the Tribunal that there was sufficient cause for his non-appearance
23 lPage

when the petition or the application was called for hearing, the Tribunal shall
make an order restoring the same:
Provided that where the case was disoosed of on merits the decision
shall not be re-opened.
49. Ex-parte Hearing and disposal.- (l) 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 for an order to set it aside and if such respondent or respondents
satisfres the Tribunal that the notice was not duly served, or that he or they
were prevented by any sufficient cause from appearing (when the petition or
the application was called) for hearing, the Tribunal may make an order
setting aside the ex-parte hearing as against him or them upon such terms as
it thinks fit.
Provided that where Ih'e ex-parte hearing of the petition or application
of such nature that it cannot be set aside as against one respondent only,
may be set aside as against all or any ofthe other respondents also.
5O. Registry to send certified copy.- 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.
51. Power to regulate the procedure.- 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.
rt
24 lPage

52. Summoning of witnesses and recording Evidence.- (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
to defray the travelling and other expenses as may be determined by the
Registrar which shall be deposited by the party as decided by the Registrar.
53. Substitution of legal representatives.- (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
within ninet5r days of the date ofsuch death for being brought on record.
(3) Where no petition or application is received from the legal representatives
within the period specified in sub-rule (2), the proceedings shall abate:
Provided that for good and sufficient reasons shown, the Tribunal may
allow substitution of the legal representatives of the deceased at any time
before disposing the petition on merits.
54. Assessors or valuers.- (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
25 lPage

any technical or special knowledge with respect
Tribunal for the purpose of assisting the Tribunal.
to any matter before the
(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 evcry
case be determined by the Tribunal and be paid by it in the manner as may
be specified bv the Tribunal.
55. Pleadings before the Tribunal.- No pleadings, subsequent to the reply,
shall be presented except by the leave of the Tribunal upon such terms as the
Tribunal may think lit.
56. Application for execution.- For execution of order passed by the
Tribunal, the holder of an order shal1 make an appiication to the Tribunal rn
Form NCLT.8.
57. Issue of process of execution.- (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.
58. Effect of non-compliance.- Faiiure 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.
25lPage

59. Procedure for inposition of penalty under the Act.- (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 ofthe Bench, has been given a show cause
notice and reasonable opportunity to represent his or her or its case before
the Bench or any offrcer authorised in this behalf.
(2) In case the Bench decides to issue show cause notice to any person or
company or a party to the proceedings, as the case may be, under sub-rule
(1), the Registrar shall issue a show cause notice giving not less than fifteen
days asking for submission of the explanation in writing within the period
stipulated in the notice.
(3) The Bench shall, on receipt of the explanation, and after oral hearing if
granted, proceed to decide the matter of imposition of penalty on the facts and
circumstances of the case.
PART-V
Isguance of Orders and Disposal of Cases
60, Matters relating to the Judgments or Orders of the Tribunal.- (1) Once
the hnal 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.
2TlPage

(3) In case the members who have heard the case are equally divided in
passing the order or judgment, then the President sha1l constitute a Bench as
referred in sub-section (5) of section 419 of the Act.
61. Amlcus Curlae- (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 amians aniae.
(2) The Tribunal may permit amic.;s 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 th'e amia.Ls curiae.
(3) The Tribunal shall be at liberty to direct either of the parties or both the
parties to the proceedings involving a point on which the opinion of the amicus
aniae h.as been sought, to bear such expenses or fee as may be ordered by
the Tribunal.
(4) The judgment and any appended opinions sha11 be transmitted to the
parties and Io amicus curiae.
62. Recusal.- (1) For the purpose of maintaining the high standards and
integrity of the Tribunal, the President or a Member of the Tribunai shall
recuse himself: -
in any cases involving persons with whom the President or the
Member has or had a personal, familial or professional
relationship;
in any cases concerning which the President or the Member has
previously been called upon in another capacity, including as
advisor, representative, expert or witness; or
if there exists other circumstances such as to make the
President or the Member's participation seem inappropriate
23lPage
(a)
(b)
(c)

(2) The President or any Member recusing himself may record reasons for
recusal:
Provided that no party to the proceedings or any other person
shall have a right to know the reasons for recusal by the President or the
Member in the case.
PART-VI
Other Procedures
63. Presentation and scrutiny of petitions or applications.- 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 ofhciating as the Registrar ofthe Benches, an appeal against
the order of the Registrar shall be made within fifteen days of the making of
such order to the President ofthe Principal Bench and at other places to any
Member of the Bench designated by the President, and whose decision
thereon shall be final.
PART. VII
Procedures in respect of matters earlier dealt by other quasi-judicial
bodies, courts and tribunals
64. Matter earlicr dealt by Company Law Board.- (1) Notwithstanding
anything contained in any other law for the time being in force, an original
civil action or case arising out ofthe 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 with the Company Law Board or such Benches shall stand
29 lPage

transferred to the respective Benches of the Tribunal exercising
corresponding territorial jurisdiction as if the case had been originally filed in
the Tribunal or its Bench to which it is transferred on the date upon which it
was actually filed in the Company Law Board or its Bench from which it was
transferred:
Provided that the Tribunal shall consider any action taken under the
regulations of the Company Law Board as deemed to have been taken or done
under the corresponding provisions of these rules and the provisions of the
Act, and shall thereupon continue the proceedings, except in a case where the
order is reserved by the Company Law Board or its Bench and in such a case,
the Tribunal shall reopen the matter and rehear the case as if the hearins had
not taken place:
Provided further that the Tribunal is at liberty to call upon the parties
in a case to produce further evidence or such other information or document
or paper or adduce or record further depositions or evidence as may deem fit
and proper in the interest ofjustice.
(2) It shall be lawful for the President or such Member to whom the powers
are so delegated, to provide that matters falling under all other sections of the
Act, shall be dealt with by such Benches consisting of one or more members
as may be constituted in exercising of such power as enshrined in the Act:
Provided that matters pending before the principal Bench of the
company Law Board as on the date of constitution of rribunal shall continue
and be disposed of by a bench consisting of not less than two Members of the
Tribunal having territorial jurisdiction.
(3) It shall be lawful for the Tribunal to dispose of any case transferred to it
wherever the Tribunal decides that further continuance of such application
or petition transferred before the Tribunal shal1 be an unnecessary proceeding
30 lPage

on account of changes which have taken place in the Act either upon an
application filed by either ofthe parties to the proceedings or suo moht.
(4) A fresh petition or an application may also be filed in Form NCLT I
corresponding to those provisions of the Act, if both the parties thereto so
consent with the approval of the Tribunal while withdrawing the proceedings
as already continued before the Company Law Board and serve a copy of the
petition on the parties thereto including the Central Government, Regional
Director, Registrar of Companies, Official Liquidator or Serious Fraud
Investigation Office, as the case may be, as provided in the Act, in the manner
as provided under Part III.
(5) Upon an application to the Tribunal if the permission is granted to fi1e a
petition or an application in physical form, then the same shall be filed
accompanied with the documents or papers to be attached thereto as required
to prove the case subject to the provisions of the Act, and rules hereto.
(6) The same procedure shall also apply to other parties to application or
petition for filing reply or counter thereto.
(7) Notwithstanding the above and subject to section 434 of the Act, the
Tribunal may prescribe the rules relating to numbering of cases and other
procedures to be followed in the case of transfer of such matters, proceedings
or cases.
65. Petition or Application under sub-section 12) of section 45eA ofthe
Reserve Bank of India Act, L93'4 12 of 1934f.- 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 ol 19341
or under such other analogous provision of the other Act(s).
31 lPage

PART- VIII
Special Procedure
66. Application under sub- section (7f of section 7.- (1). An applicatron
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 -E|.
(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
(b) details of false or incorrect information or representation or material
facts or information suppressed.
(c) details of such documents in or declaration filed or made for
incorporating such company,
(d). involvement of promoters, subscribers and first directors in committing
fraud during the course of incorporation;
(3) subject to the provisions contained in proviso to sub-section (7) of Section
7, the Tribunal may pass such orders, as it may think fit in accordance with
clauses (a) to (e) of said sub-section (7).
67. Petition under sub-section l41f of section 2.- The petition under the
sub-section (41) of Section 2 be filed to the Tribunal in Form NCLT-I and
shall be accompanied by such documents as are mentioned in Annexure -B.
68. Petition under section r4.- (1) A petition under the second provision to
sub-section (1) of section l4 of theAct for the conversion of a public company
lnto 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. I
and shall be accompanied by such documents as are mentioned in Annexure
B.
32 lPage

(21 Every petition filed under sub-rule (1) shall set out the following
particulars:
(a) the date of the Board meeting at which the proposal for alteration of
Articles was approved;
(b) the date of the general meeting at which the proposed alteration was
approved;
(c) State at which the registered office of the company was situated;
(d) number of members in the company, number of members attended the
meeting and number of members of voted for and against;
(e) reason for conversion into a private company, effect ofsuch conversion
on shareholders, creditors, debenture holders and other related parties.
(f) listed or unlisted public company;
(g) the nature of the company, that is, a company limited by shares, a
company limited by guarantee (having share capital or not having share
capital) and unlimited company;
(h) details as to whether a company registered under section 8 of the Act.
(3) There shall be attached to the application, a list of creditors and debenture
holders, drawn up to the latest practicable date preceding the date of fiiing of
petition by not more than two months, setting forth the following details,
namely:-
(a) the names and address of every creditor and debenture holder of the
company;
(b) the nature and respective amounts due to them in respect of debts,
claims or liabilities;
(c) in respect of any contingent or unascertained debt or any such claim
admissible to proof in winding up of the company, the value, so far as
can be justly estimated of such debt or claim:
Provided that the petitioner company shall file an aflidavit, signed by
the company secretary of the company, if any, and not less than two directors
of the company, one of whom shall be a managing director, where there is
one, to the effect that they have made a full enquiry into the affairs of the
33 lPage

company and, having done so, have formed an opinion that the list of creditors
is correct, and that the estimated value as given in the list of the debts or
claims payable on a contingency or not ascertained are proper estimates of
the values of such debts and claims and that there are no other debts of , or
claims against, the company to their knowledge.
(a) A duly authenticated copy of the list of creditors shall be kept at the
registered office of the company and any person desirous of inspecting the
same may, at any time during the ordinary hours of business, inspect and
take extracts from the same on payment of the sum of rupees ten per page to
the company.
(5) The company shall at least fourteen days before the date of hearing; -
(a) advertise the petition in accordance with rule 35;
(b) serve, by registered post with acknowledgement due, individual notice
in Form NCLT. No. 38 to the effect set out in sub-rule (a) on each
debenture-holder and creditor of the company; and
(c) sewe , by registered post with acknowledgement due, a notice together
with the copy of the petition to the Central Government, Registrar of
Companies and to the Securities and Exchange Board of India, in the
case of listed companies and to the regulatory body, if the company is
regulated under any other Act.
(6) Where any objection of any person whose interest is likely to be affected
by the proposed petition has been received by the petitioner, it shall serve a
copy thereof to the Registraron or before the date of hearing.
(7) While passing an order, the Tribunal may, if it is satisfied, having regard
to all the circumstances of the case, that the conversion would not be in the
interest of the company or is being made with a view to contravene or to avoid
complying with the provisions of the Act, disallow the conversion with reasons
to be recorded in writins.
34 lPage

69. Petltion under sub-eection (31 of section 55.- (1) The petition under
sub-section (3) of section 55 of the Act shall be in Form No. NCLT. I 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 shares;
(d) total number of preference
(e) details of such preference
pay dividend;
(f) terms and conditions of issue of such existing preference shares;
(g) total number of such preference shares (unredeemed) and number of
holders consented for with value of such preference shares and
percentage of holders who have consented for; and
(h) date or dates on which the consent was given or the resolution was
passed.
(2) On petition under sub-section (1), the Tribunal, after hearing the petitioner
and any other person as appears to it to be interested in the petition, may, if
it is satisfied, having regard to all the circumstances of the case, approve for
issue of further redeemable preference shares equal to the amount due,
including the dividend thereon, in respect of unredeemable preference shares:
Provided that the Tribunal shall, while giving approval, order the
redemption forthwith of preference shares held by such persons who have not
consented to the issue of further redeemable oreference shares:
Provided further that the Tribunal may, at its discretion, make such
orders as to costs as it thinks fit.
shares issued;
shares that are not redeemed or unable to
(3) The decision of the Tribunal on the petition shall be frnal.
35 lPage

70. Appeal under sections 58 and 59.- (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 shal1 be served on the concerned
company at its registered office immediately after filing of the petition with the
Tribunal.
(2) The petitioner shall at least fourteen days before the date of hearing
advertise the petition in accordance with rule 35.
by the proposed petition has been received by the petitioner, it shall serve a
copy thereof to the Registrar on or before the date of hearing:
( ) The Tribunal may, while dealing with a petition under section 58 or 59, at
its discretion, make-
(a) order or any interim order, including any orders as to injunction or
stay, as it may deem fit and just;
(b) such orders as to costs as it thinks fit; and
(c) incidental or consequential orders regarding payment of dividend or the
allotment of bonus or rights shares.
On any petition under section 59, the Tribunal may-
(a) decide any question relating to the title of any person who is a party to
the petition to have his name entered in, or omitted from, the register;
(b) generally decide any question which is necessary or expedient to decide
in connection with the application for rectification.
the decision of the Tribunal on anv such petition shall be final.
(s)
(6)
35lPage

71. Application under proviso to clause (bf of sub-section (lf of section
61.
( l)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. I and shall be
accompanied by such documents as are mentioned in Annexure B.
(2) The application shall, infer alia, set forth the following:-
(a) provision of articles authorising such consolidation or division;
(b) existing capital structure of the company;
new capital structure of the company after the consolidation or division;
class of shares being consolidated or divided;
face value of shares pre and post consolidation or division;
justification for such consolidation or division:
(3) The company shall at least fourteen days before the date of hearing
(a) advertise the petition in accordance with rule 35; and
(b) serve, by registered post with acknowledgement due, a notice together
with the copy of the application to the Central Government, Registrar
of Companies and to the Securities and Exchange Board of India, in
the case of listed companies and to the regulatory body, if the company
is regulated under any other Act.
by the proposed application has been received by the applicant, it shall serve
a copy thereof to the Central Government, Registrar of Companies and the
Securities Exchange Board of India, in the case of listed companies and to
any regulator, if the company is regulated under any other Act on or before
the date of hearing.
(c)
(d)
te)
(f)
3TlPage

(5) Upon hearing the application or any adjourned hearing thereof, the
Tribunal may pass such order, subject to such terms and conditions, as it
thinks fit.
72. Appeal against the order ofthe Government under Section 62(4f.- (1)
Where any Government by virtue of provisions of sub-section (4) of sectron
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.
(21 If such terms and conditions of conversion are not acceptable to the
company, it may, within sixty days from the date of communication of such
order, appeal to the Tribunal, in Form - NCLT-9, which shall after hearins
the company and the Government, pass such order as it deems fit.
73. Application under sections ?1(9f, 7lll0f, section Z3{4) or section
74121 and,76121,- (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. bv-
(a) in case of debentures, all or any ofthe debenture holders
concerned, or debenture trustee; or
(b) in case of deposits, all or any of the
where the deposits are secured, by the
depositors concerned, or
deposit trustee.
(2) There shall be attached to the application, a list of depositors or debenture
holders, as the case may be, setting forth the following details in respect of
every such depositor or debenture holder:-
33lPage

(a) full name, age, father's/ mother's/ spouse's name, occupation and full
residential address;
(b) hxed deposit receipt number or debenture certilicate number, as the
case may be;
(c) date of maturity;
(d) amount due to the person by the company;
(e) amount already paid by the company, if any;
(f) total amount due as on the date on the application:
Provided that where the company is the applicant, it shall file an
affrdavit stating that the list of depositors or debenture holders, as the case
may be, is correct, and that the estimated values as given in the list of the
amount payable to such depositors or debenture holders are proper estimates
of the values of such debts and claims.
(3) The Tribunal shall pass an appropriate order within a period of sixty days
from the date of receipt of application under sub-rule (1):
Provided that the Tribunal shall, before making any order under this
rule, give a reasonable opportunity of being heard to the company and any
other person interested in the matter.
(a) The Tribunal may, if it is satisfied, on the application filed under sub-rule
(1), that it is necessary so to do, to safeguard the interests of the company,
the debenture holders or the depositors, as the case may be, or in the public
interest, direct, by order, the company to make repayment of such deposit or
debenture or part thereof forthwith or within such time and subiect to such
conditions as may be specified in the order:
Provided that while passing the order, the Tribunal shall consider the
hnancial condition of the company, the amount or deposit or debenture or
part thereof and the interest payable thereon.
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(5) The application under sub-section (2) of section 74 and sub-section (2) of
section 76 read with section 74Ql sh'all be in Form NCLT-I and shall
accompanied with the documents as per Annexure B.
(6) A copy of application under sub-section (2) of section 76 and under sub-
section (2) of section 74 shall be served on the Regional Director and the
Registrar of Companies before the date of hearing.
(7) The Registrar of Companies in consultation with Regional Director shall
submit before the Tribunal, the report on the affairs of the company within
thirty days from the date of the receipt of the application and Tribunal may
consider any observation made by the Registrar of Companies before passing
an order.
74. Application for calling or obtaining a direction to call annual general
meeting.- (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 hearrns.
75. Application for obtaining an order for calling of general meeting
(other than Annual General Meetingf.- (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 ofthe application shall be served on the Registrar of Companies on
or before the date of hearing.
40 lPage

76, Inspection of minute-books of general meeting.- 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 I{CLT-9 for direction to the company
for inspection of minute-book of generai meeting.
77. Application under section 131.- (1) Where it appears to the directors of
a company that the hnancial 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-I 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 the application.
(3) The application shall, inter alia, set forth the following particulars, namely,-
(a) financial year or period to which such accounts relates;
(b) the name and contact details of the Managing Director, Chief Financial
Officer, directors, Company Secretary and officer of the company
responsible for making and maintaining such books of accounts and
financia[ statemenU
(c) where such accounts are audited, the name and contact details of the
auditor or any former auditor who audited such accounts;
(d) copy of the Board resolution passed by the Board of Directors;
(e) grounds for seeking revision of financial statement or Board's Report.
(a) The company shall at least fourteen days before the date of hearing
advertise the application in accordance with rule 35.
(5) The Tribunal sha1l issue notice and hear the auditor of the original
Itnancial statement, if present auditor is different and after considering the
41 lPage

application and hearing the auditor and any other person as the Tribunal may
deem fit, may pass appropriate order in the matter.
(6) A certified copy of the order of the Tribunal shall be filed with the Registrar
of Companies within thirty days of the date of receipt of the certified copy..
(7) On receipt of approval from Tribunal a general meeting may be called and
notice of such general meeting along with reasons for change in financial
statements may be published in newspaper in English and in vernacular
language.
(8) In the general meeting, the revised financial statements, statement of
directors and the statement of auditors may be put up for consideration before
a decision is taken on adoption of the revised hnancial statements.
(9) On approval of the general meeting, the revised financial statements along
with the statement of auditors or revised report of the Board, as the case may
be, shal1 be filed with the Registrar of Companies within thirty days of the
date of approval by the general meeting.
78. Application under Sectlon 14O. (1) An application may be filed by the
director on behaif of the company or the aggrieved auditor to the Tribunal in
Form NCLT-I and shall be accompanied by such documents as are
mentioned in Annexure "B".
(2) Where the Tribunai is satisfied on an application of the company or the
aggrieved person that the rights conferred by the provisions of section I4O are
being abused by the auditor, then, the copy ofthe representation need not be
sent and the representation need not be read out at the meeting.
(3) If the application is made by the Central Government and the Tribunai is
satisfied that any change of the auditor is required, it shall within fifteen days
of receipt of such application make an order that the auditor shall not
42 lPage

function as an auditor and the Central Government may appoint another
auditor in his place.
79. Application under section 169. The Company or any other person who
claims to be aggrieved may make an application to the Tribunal in Form
NCLT-I and shall be accomoanied with such documents as are mentioned in
Annexure B.
8O. Application
section 213 may
such documents
under section 213 for investigation.- An application under
be made in Form NCLT-I and sha1l be accompanied with
as are mentioned in Annexure B.
81. Application under section 241.- ( An Application
clause (b) of sub-section (1) of section 241 ol the Act, shall
NCLT-I and shall be accompanied with such documents
Annexure B.
under clause (a) or
be filed in the Form
as are mentioned in
(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 to
present the petition on their behalf, shall be annexed to the appiication, and
the names and addresses of all the members on whose behalf the application
is presented shall be set out in a schedule to the application, and where the
company has a share capital, the application shall state whether the
applicants have paid all calls and other sums due on their respective shares.
(3) A copy of every application made under this rule shall be served on the
company, other respondents and all such persons as the Tribunal may direct.
82. Withdrawal of Application liled under section 24L, - (1) An applicatron
under clause (a) or clause (b) of sub-section (1) of section 247 of the Act, shall
not be withdrawn without the leave of the Tribunal.
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(2) An Application for withdrawal under sub-rule (1) shall be frled in the Form
NCLT.9.
83. Application under section 243.- (1) An application under clause (b) of
sub-section (1) of section 243 oI 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 ofthe company, shall be fi1ed as per the appropriate Form
NCLT-I and shall be accompanied with such documents as are mentioned in
Annexure B.
(2) An application under sub - rule (1) sha1l state whether a notice of intentron
to apply for such leave, as required under the proviso to sub-section [1) of
section 243 of the Act, has been given to the Central Government and such
application shall also be accompanied by a copy of such notice.
(3) The notice of the date of hearing
the application shall be served on
fifteen days before the date fixed for
of the application together with a copy of
the Central Government not less than
the hearing.
84. Right to apply under section,24S.- (1) An application under sub-section
(l) 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.
85. Conducting a class action suit.- (1) Without prejudice to the generalitSr
of the provisions of sub-section (4) of section 245 of the Act, the Tribunai 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;
44 lPaBe

(b) whether there are questions of law or fact common to the class;
(c) whether the claims or defences of the representative parties are t5rpical of
the claims or defences of the class;
(d) whether the representative parties will fairly and adequately protect the
interests of the class.
(2) For the purposes of clause (c) of sub-section (4) of section 245, while
considering the desirability of an individual or separate action as opposed to
a class action, the Tribunal may take into account, in particular, whether
admitting separate actions by member or members or depositor or depositors
would create a risk of:-
(a) inconsistent or varying adjudications in such separate actions; or
(b) adjudications that, as a practical matter, would be dispositive of the
interests of the other members:
(c) adjudications which would substantially impair or impede the ability of
other members of the class to protect their interests.
86. Rule of opt-out.- ( 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 Tribunal in accordance with rule 38.
(3) A class member opting out shall not be precluded from pursuing a claim
against the company on an individual basis under any other law, where a
remedy may be available, subject to any conditions imposed by the Tribunal.
87. Publication of notice.- (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
45 lPage

sub-section ( 1) of section 245 of the Act, a public notice sha11 be issued by the
Tribunal as per Form No. NCLT-l3 to all the members of the class by-
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
company is situated and at least once in English in an English
newspaper that is in circulation in that State;
requiring the company to place the public notice on the website of such
company, if any, in addition to publication of such public notice in
newspaper under sub-clause (a):
Provided that such notice shall also be placed on the websites of the
Tribunal and the Ministry of Corporate Affairs, the concerned Registrar of
Companies and in respect of a listed company on the website of the concerned
stock exchange where the company has any of its securities listed, until the
application is disposed of by the Tribunal.
(2) The date of issue of the newspaper in which such notice appears shall be
considered as the date of serving the public notice to all the members of the
c1ass.
(3) The public notice shall, infer alia, contain the following-
(a) name of the lead applicant;
(b) brief particulars of the grounds of application;
(c) relief sought by such application;
(d) statement to the effect that application has been made by the requisite
number of members/ depositors;
(e) statement to the effect that the application has been admitted by the
Tribunal after considering the matters stated under sub-section (4) of
section 245 and these rules and it is satisfied that the application may
be admitted;
(f) date and time of the hearing of the said application;
45lPage
(a)
(b)

(g) time within which any representation may be filed with the Tribunal on
the application;
(h) the details of the admission of the application and the date by which
the form of opt out has to be completed and sent as per Form NCLT-I
and shall be accompanied with such documents as are mentioned in
Annexure "B", and such other particulars as the Tribunal thinks fit.
(a) The cost or expenses connected with the publication of the public notice
under this rule sha1l be borne by the applicant and shall be defrayed by the
company or any other person responsible for any oppressive act in case order
is passed in favour of the applicant.
88. Reference to the Tribunal.- Any reference to the Tribunal by the
Registrar of Companies under section 441 of tl'e Act, or any reference to the
Tribunal by the Central Government under proviso to sub-section (5) of
section l4O, 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 (l) 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.
PART f,K
CAUSE LIST
89. Preparation and publication of daily cause list.- (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;
4TlPage

(c) cases for admission;
(d) cases for orders or directions;
(e) part-heard cases, latest part-heard having precedence; and
(f) cases posted as per numerical order or as directed by the Bench;
(2) The title of the daily cause list shall consist of the number of the appeal or
petition, the day, date and time of the court sitting, court hall number and
the coram indicating the names of the President, Judicial Member and
Technical Member constituting the Bench.
(3) Against the number of each case listed in the daily cause list, the following
shall be shown, namely;-
(a) names of the legal practitioners appearing for both sides and setting
out in brackets the rank of the parties whom they represent;
(b) names of the parties, if unrepresented, with their ranks in brackets.
(a) The objections and special directions, if any, ofthe Registry shall be briefly
indicated in the daily cause list in remarks column, whenever compliance is
required.
9O. Carry forward of cause list and adjournment of casee on account of
non-sitting of a Bench.- (l) 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 before that Bench to a convenient date and
the adjournment or posting or directions shall be notified on the notice board
of the Registry.
4SlPage

PART X
RBCORD OF PROCEEDINGS
91. Diaries.- (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 fi1e shall contain a concise history of the appeal or
petition or application, the substance of the order passed thereon and rn
execution proceedings, it shall contain a complete record of all proceedings in
execution of order or direction or rule and shall be checked bv the Depuw
Registrar and initialed once in a fortnight.
92. Order sheet.- (1) The Court Master of the Bench shall maintain order
sheet in every proceedings and shall contain all orders passed bv the Tribunal
from time to time .
(2) All orders passed by the Tribunal shall be in English and the same shali
be signed by the Members of the Tribunal constitutinq 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 the Tribunal shall be signed by the Court Master of the Bench.
(3) The order sheet shall also contain the reference number of the appeal or
petition or application, date of order and all incidental details includins short
cause title thereof.
93. Maintenance of court diary.- (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.
49 lPage

(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.
94. Statutes or citations for reference.- 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.
95. Calltng of cases in court.- Subject to the orders of the Bench, the Court
Master shall call the cases listed in the cause list in the serial order.
96. Regulation of court worl.- (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
dignity and decorum ofthe court.
(2) When the Bench passes order or issues directions, the Court Master shall
ensure that the records of the case along with proceedings or orders of the
Bench are transmitted immediately to the Registry and the Registry shall
verify the case records received from the court Master with reference to the
cause list and take immediate steps to communicate the directions or orders
of the Bench.
50 lPage

PART XI
MAINTENANCE OF REGISTERS
97. Registers to be maintained.- 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
(d) register of interlocutory applications;
98. Arrangement of records in pending matters.- 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 hle;
(c) process file; and
{d} execution hle
99. Contents of main file.- The main file shail 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;
(e) counter or reply or objection, if any;
(f) (i) oral evidence or proof of affidavit;
(ii) evidence taken on commission; and
(iii) documentary evidence;
(g) written arguments.
51 lPage

1OO. Contents of process file.- 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
(f) all other miscellaneous papers such as postal acknowledgements.
lO1. Execution lile. - The execution frle 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
(f) result of execution;
1O2. File for miscellaneous applications.- For all miscellaneous
applications there may be only one file with a title page prefixed to it and
immediately after the title page, the diary, the miscellaneous applications,
supporting afhdavit, the order sheet and all other documents shall be filed.
1O3. Presenration of Record.- (1) A11 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
52 lPage

directions passed by the Tribunal, shall be maintained by the Registry of the
Tribunal for a period of fifteen years after the passing of the final order.
1O4. Retention, Presenration and Destruction of Records.- (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.
PART XII
Service of Process / Appearance Of Respondents And Objections
1O5. Issue of notice.- (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 ofother
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 with his full address ior service and the
interim order, if any, made thereon.
(3/ The Tribunal may order for issuing notice in appropriate cases and also
permit the party concerned for service of the said notice on the other side by
Dasti and in such case, deliver the notice to such party and it is for such party
to file afhdavit of service with proof.
(4) Acknowledgement under sub-rule (3) shall be filed by the party with the
Registry before the date fixed for return of notice.
53 lPage

1O6. Summons.- Whenever summons or notice is ordered by private servlce,
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 frxed for
hearing.
1O7. Steps for issue of fresh notice.- (1)If any notice issued under rule 1O5
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.
lO8. Oonsequence of failure to take steps for issue of fresh notice.-
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 ofthe notice on the respondent, the Registrar shall post the
case before the Bench for further directions or for dismissal for non-
prosecution.
1o9. Entries regarding sepice of notice or process.- 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 completron
of services, etc.
110. Default of appearance of respondent and consequences.- 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:
54 lPage

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.
111. Filing of objections by respondent, form and consequencea.- (1) The
respondent, if so directed, shall file obiections 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 file three copies thereof after serving copies of the same on the
appellant or petitioner or their Counsel on record or authorised
representative, as the case may be.
PART XIII
Fee on Petition or Appeal, Process Fee And Award Of Costs
112. Fees.- (1) In respect of the several matters mentioned in the Annexures,
there shall be paid fees as prescribed in the Schedule ol 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 paid fees as
prescribed in Schedule of Fees of these rules:
Provided that no fee shall be payable or sha1l be liable to be collected
on an application filed by the Registrar of Companies, Regional Director or by
an officer on behalfofthe Central Government.
55 lPage

(3) In respect of a petition or appeal or application filed or references made
before the Principal Bench or the Bench of the Tribunal, fees referred to in
this Part shall be paid by means of a bank draft drawn in favour of the Pay
and Accounts Officer, Ministry of Corporate Affairs, New
Delhi/ Koikata/ Chennai /Mumbai, as the case may be or as decided by the
President.
l13. Award of costs in the proceedings.- (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 ofthe other side, and in case ofabuse ofprocess ofcourt,
impose exemplary costs on defaulting party.
PART XIV
INSPECTION OF RECORD
114. Inspection of the records.- (1) The parties to any case or therr
authorised representative may be allowed to inspect the record ofthe 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.
I 15, Grant of inspection.- Inspection of records of a pending or decided case
before the Tribunal shall be allowed only on the order of the Reqistrar.
116. Application for grant of inspection.- (1) Application for inspection of
record under sub- rule (1) and (2) of rule 114, shall be presented at Registry
56 lPage

I
between lO.3O 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 shal1 submit the application with its remarks before the
Registrar, who shall, on consideration of the same, pass appropriate orders.
(3) Inspection of records of a pending case shall not ordinarily be permitted
on the date fixed for hearing of the case or on the preceding day.
117. Mode of inspection.- (1) On grant of permission for inspection of the
records, the Deputy Registrar shall arrange to procure the records of the case
and allow inspection of such records on the date and time fixed by the
Registrar 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
Resistrar.
(2) The person inspecting the records shall not in any manner cause
dislocation, mutiiation, tampering or damage to the records in the course of
insDection.
(3) The person inspecting the records shall not make any marking on any
record or paper so inspected and taking notes, if any, of the documents or
records inspected may be done only in pencil.
(a) The person supervising the inspection, may at any time prohibit further
inspection, if in his opinion, any of the records are likely to be damaged in the
process of inspection or the person inspecting the records has violated or
attempted to violate the provisions of these rules and shall immediately make
a report about the matter to the Registrar and seek further orders from the
Registrar and such notes shall be made in the Inspection Register.
5TlPage

118. Maintenance of register of inspection.- 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.
PARTXV
Appearance of authorised representative
119. Appearance of authorised representative. - 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, duiy
executed by or on behalfofthe part5r for whom he appears.
l2O. Consent for engaging another legal practitioner.-: 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 permissron
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.
121. Restrictions on appearance.- A legal practitioner or the authorised
representative as the case may be, who has tendered advice in connection
with the institution ofany case or other proceeding before the Tribunal or has
drawn pleadings in connection with any such matter or has during the
progress ofany 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.
53lPage

National Company Law Appellate Tribunal Rules, 2016

National Company Law Appellate Tribunal Rules, 2016

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National Company Law Appellate Tribunal Rules, 2016