Sick Industrial Companies (Special Provisions) Act, 1985 - Section 13(1) - Procedure for filing appeals before Appellate Authority - F. 2/22/95-Admn., - Companies Law

Notification: No. F. 2/22/95-Admn., dated 3-4-1996. Subject:- Sick Industrial Companies (Special Provisions) Act, 1985 - Section 13(1) - Procedure for filing appeals before Appellate Authority No. F. 2/22/95-Admn.,.- In exercise of the powers conferred by sub-section (1) of section 13 of the Sick Industrial Companies (Special provisions) Act, 1985 (1 of 1986), and in supersession of Notification No. GSR 7(E), dated 28-12-1988, except as respect things done or omitted to be done, the Appellate Authority for Industrial and Financial Reconstruction prescribes the following procedure for filing appeals before the Appellate Authority: (1) (a) An appeal against an order of the Board for Industrial and Financial Reconstruction under section 25 of the Sick Industrial Companies (Special Provisions) Act, 1985, should be filed in form of memorandum of appeal signed by the appellant or his attorney and should be accompanied by the following: (i) A certified copy of the order appealed against. (ii) True copies of all other documents relied upon by the appellant. (iii) An index of the documents. (iv) A list of all respondents including parties represented before the Board for Industrial and Financial Reconstruction. (v) An affidavit verifying the contents of the memorandum of appeal and the date of receipt by the appellant of certified copy of the order appealed against. (vi) Vakalatnama/power of attorney, where necessary. (vii) Where the appellant seeks condonation of delay in filing the appeal, a separate application, supported by an affidavit. (viii) Ten extra copies of the memorandum of appeal together with accompanying documents referred to at (i) to (vi) above. (b) The memorandum of appeal should be neatly and legibly typewritten, cyclostyled or printed on one side of foolscap size paper in double space and page numbered provided that true copies of documents prepared by any other mechanical or chemical process including photocopying may be filed or submitted. It should contain full statement of facts in numbered paragraphs and set forth concisely under distinct heads the grounds of appeal, which should be consecutively numbered. (2) All appeals should be either in English or Hindi. (3) All appeals should be presented at the office of the Appellate Authority at 10th Floor, Jeevan Prakash Building, 25, Kasturba Gandhi Marg, New Delhi-110 001. (4) Appeals can be filed between 10 a.m. to 4 p.m. on all working days from Monday to Friday. (5) After receipt of the appeal papers in the registry of the Appellate Authority, the same shall be scrutinized to ensure that the required formalities have been completed and all the required documents have been filed. In case some deficiencies are found to exist, the appellant shall be given an opportunity to remove the same within a period of seven days. (6) If the appeal papers are found in order, after removal of deficiencies, if any, the same shall be submitted to the Secretary of the Appellate Authority, who may call for any additional information/documents, including: (a) Copies of any orders of BIFR in the case, not already filed by the appellant. (b) Copies of references in Forms A and AA , prescribed under the BIFR Regulations, 1987, where the appellant is the sick industrial company or its existing promoter. (c) Additional copies of memorandum of appeal and accompanying documents, having regard to number of respondents in the case. (d) Any other information/documents which may be considered necessary in the interests of expeditious listing of the appeal for hearing. (7) The secretary shall pass appropriate orders for registration of the appeal and for assigning it a serial number. The entire process of registration of an appeal shall ordinarily be completed within a period of two weeks from the date of filing of appeal. (8) After registration, the secretary shall submit the appeal papers to the chairman/Bench of the authority for directions as to listing the case for hearing/other directions. 2. The above procedure shall come into force with effect from the date of publication in the Official Gazette.