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TMI BlogNational Company Law Tribunal Rules, 2016X X X X Extracts X X X X X X X X Extracts X X X X ..... 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; (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 of the Act ; (7) Bench means a Bench of the Tribunal constituted under section 419 of the Act and includes Circuit Benches constituted by the President with prior approval of the 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 provid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plication or an appeal or a complaint in pursuance of which any proceeding is commenced before the Tribunal; (18) person interested means a shareholder, creditor, employee, transferee Company and other company concerned in relation to the term or Context 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) Reserve Bank means the Reserve Bank of India ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gned 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. Official 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 of the Tribunal and no record or document filed in any cause or matter shall be allowed to be taken out of the custody of the Tribunal without the leave of the Tribunal: Provided that the Registrar may allow any other officer of the Tribunal to remove any official paper or record for administrative purposes from the Tribunal. 8. Sitting of the Tribunal. - The Tribunal shall hold its sittings either at its headquarter or at such Other place falling within its territorial jurisdiction as it may consider convenient. 9. Sitting hours. - The sitting hours of the Tribunal shall ordinarily be from 10:30 AM to 1 PM and 2:00 P.M. to 4:30 PM, subject to any order made by the President. 10. Work ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 staff of the Tribunal. 17. Functions of the Registrar .- (1) The Registrar shall have the following functions, namely:- (a) registration of appeals, petitions and applications; (b) receive applications for amendment of appeal or the petition or application or subsequent proceedings. (c) receive applications for fresh summons or notices and regarding services thereof; (d) receive applications for fresh summons or notices and for short date summons and notices; (e) receive applications for substituted service of summons or notices; (f) receive applications for seeking orders concerning the admission and inspection of documents; (g) transmission of a direction or order to the civil court as directed by Tribunal with the prescribed certificates for execution etc., and (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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndexed 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 in case a party sues or being sued in a representative character, shall also be set out at the beginning of the appeal or petition or application and need not be repeated in the subsequent proceedings in the same appeal or petition or application. (6) The names of parties shall be numbered consecutively and a separate line should be allotted to the name and description of each party. (7) These numbers shall not be changed and in the event of the death of a party during the pendency of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance on the opposite side or his authorised representative. (6) The processing fee prescribed by these rules, with required number of envelopes of sufficient size and notice forms shall be filled 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, details of authority against whose orders or directions the appeal or petition or application is being instituted by the expected appellant or petitioner or applicant which full address for service on other side, so that the appeal or petition or application could be served befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appropriate orders. (3) The Registrar may for sufficient cause return the said document for rectification 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 within 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 admission of appeal or petition or application the Registrar shall, if so directed by the Tribunal, call for the records relating to the proceedings from any adjudicating authority and retransmit the same. 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 behalf of an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion, petition or reference is required to be advertised, it shall, unless the Tribunal otherwise orders, or these rules otherwise provide, be advertised in Form NCLT-3A, not less than fourteen days before the date fixed for hearing, at least once in a vernacular newspaper in the principal vernacular language of the district in which the registered office Of the company is situate, and at least once in English language in an English newspaper circulating in that district. (2) 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceed ex-parte to dispose of the application. (3) If the respondent contests to the notice received under sub-rule (l), 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 Notices 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 representative; (b) by registered post or speed post with acknowledgment due; or (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 file with the Registrar or such other person duly authorised by the Registrar i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 produced. (2) Such document may be produced or such witness examined or such evidence adduced either before the Bench or before such authority 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 compliance, 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... either allow the application and send the disputed records for opinion of Central Forensic Science Laboratory at the cost of the party alleging fabrication of records, or dismiss such application. 44. Hearing 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 shall make an application to that effect to the Tribunal, and the Tribunal on hearing the applicant and if necessary, such other party arrayed as opposite parties in the petition or the application or Otherwise, may permit such withdrawal upon imposing such costs as it may deem fit and proper for the Tribunal in the interests of the justice. 45. Rights 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... les an application within thirty days from the date of dismissal and satisfies the Tribunal that there was sufficient cause for his non-appearance 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 disposed 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 satisfies 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 se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 any technical or special knowledge with respect to any matter before the Tribunal for the purpose of assisting the Tribunal. (2) An assessor or valuer shall perform such functions as the Tribunal may direct. (3) The remuneration, if any, to be paid to an assessor or valuer shall in every case be determined by the Tribunal and be paid by it in the manner as may be specified by 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 fit. 56. Application for execution.- For execution Of order passed by the Tribunal, the holder of an order shall make an application to the Tribunal in 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 190 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t any person or persons, including the professionals and professional bodies to render or to communicate views to the Tribunal as amicus curiae on any point or points or legal issues as the Case may be as assigned to such amicus curiae. (2) The Tribunal may permit amicus curiae to have access to the pleadings of the parties and the Tribunal shall enable the parties to submit timely observations on brief provided by the amicus curiae. (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 curiae has been sought, to bear such expenses or fee as may be ordered by the Tribunal. (4) The judgment and any appended opinions shall be transmitted to the parties and to 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 Tribunal shall recuse himself:- (a) in any cases involving persons with whom the President or the Member has or had a personal, familial or professional relationship; (b) in any cases concerning which the President or the Member has previously b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 hearing 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 of justice. (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 Tribunal 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 Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 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 (41) 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 14.- (1) A petition under the second provision to sub-section (I) of section 14 of the Act for the conversion of a public company into a private company, shall, not less than three months from the date of passing of Special resolution, be filed to the Tribunal in Form No. NCLT. 1 and shall be accompanied by such documents as are mentioned in Annexure B. (2) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ame 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. 3B to the effect set out in sub-rule (a) on each debenture-holder and creditor of the company; and (c) serve, 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 Registration 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. (3) 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 Registrar on or before the date of hearing: (4) 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. (5) 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. (6) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erms 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. 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 hearing the company and the Government, pass such order as it deems fit. 73. Application under sections 71(9), 71(10), section 73(4) or section 74(2) and 76(2) .- (1 )Where a company fails to redeem the debentures or repay the deposits or any part thereof or any interest thereon, an application under sub-section ( 10) of section 71 or under sub-section (4) of section 73 of the Act Or section 45QA of the Reserve Bank of India Act, 1934 (2 of 1934), shall be filed to the Tribunal, in Form No. NCLT. 11 in duplicate and shall be accompanied by such documents as are mentioned in Annexure B, by- (a) in case Of debentures, all or any of the debenture holders concerned, or debenture trustee; or (b) in case of deposits, all or any of the depositors concerned, or where the deposits are secured, by the deposit trustee, (2) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or 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 hearing. 75. Application for obtaining an order for calling of general meeting (other than Annual General Meeting).- (I) An application under section 98 for obtaining an order for calling of a general meeting (other than Annual General Meeting) shall be made by any director or member of the company in Form No. NCLT. 1 and shall be accompanied by the documents specified in Annexure B. (2) A copy of the application shall be served on the Registrar of Companies on or before the date of hear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spaper 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 financial 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, shall be filed with the Registrar of Companies within thirty days of the date of approval by the general meeting. 78. Application under Section 140. (1) An application may be filed by the director on behalf of the company or the aggrieved auditor to the Tribunal in Form NCLT- 1 and shall be accompanied by such documents as are mentioned in Annexure (2) Where the Tribunal is satisfied on an application of the company or the aggrieved person that the rights conferred by the provisions of section 140 are being abused by the auditor, then, the copy of the representation need not be Sent and the representation need not be read out at the meeting, (3) If the application is made by the Central Government and the Tribunal is satisfied th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd shall be accompanied with such documents as are mentioned in Annexure B. (2) An application under sub - rule (1) shall state whether a notice of intention to apply for such leave, as required under the proviso to sub-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 of the application together with a copy of the application shall be served on the Central Government not less than fifteen days before the date fixed for the hearing. 84. Right to apply under section 245. - (1) An application under sub-section (1) of section 245, read with sub-section (3) of section 245 of the Act, shall be filled in Form NCLT-9. (2) A copy of every application under sub-rule (1) shall be served on the company, other respondents and all such persons as the Tribunal may direct. 85. Conducting a class action suit .- (1) Without prejudice to the generality of the provisions of sub-section (4) of section 245 of the Act, the Tribunal may, while considering the admissibility of an application under the said section, in addition to the grounds ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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; (b) 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 class. (3) The public notice shall, inter 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 me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (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. (4) The objections and special directions, if any, of the Registry shall be briefly indicated in the daily cause list in remarks column, whenever compliance is required. 90. Carry forward Of cause list and adjournment of cases on account of non-sitting of a Bench.- (1) If by reason of declaration of holiday or for any other unforeseen reason, the Bench docs 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 work ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of law journals, reports, Statutes and other citations, which may be needed for reference or photocopy of full text thereof. 95. Calling 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 work.- (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 Of the 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cuments shall be filed. 103. Preservation of Record.- (1) All necessary documents and records relating to petitions or applications dealt with by the Tribunal shall be stored or maintained as provided in these rules and other physical records kept in a record room shall be preserved for a period of five years after the passing of the final order. (2) Notwithstanding anything contained in sub-rule (I) the record of the petitions or applications dealt with by the Tribunal including the orders and 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. 104. Retention, Preservation 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 105. Issue of notice.- (1) Where notic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Registry', the details regarding completion of service of notice on the respondents, such as date of issue of notice, date of service, date of return of notice, if unserved, steps taken for issuing fresh notice and date of completion of services, etc. 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: 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 consequences. - (1) The respondent, if so directed, shall file objections or counter within the time allowed by the Tribunal. (2) The objections or counter shall be verified as an appeal or petition and wherever new facts are sought to be introduced with the leave of the Tribunal for the first time, the same shall be affirmed by a supporting affidavit. (3) The respondent, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Inspection of records of a pending or decided case before the Tribunal shall be allowed only on the order of the Registrar. 116. Application for grant of inspection. - (1) Application for inspection of record under sub- rule (l) and (2) of rule 114, shall be presented at Registry between 10.30 AM and 3.00 PM on any working day and two days before the date on which inspection is sought, unless Otherwise permitted by the Registrar. (2) The Registry shall submit the application with its remarks before the Registrar, who shall, on consideration of the same, pass appropriate orders. (3) Inspection of 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 Registrar. (2) The person inspecting the records shall not in any man ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er proceeding before the Tribunal or has drawn pleadings in connection with any such matter or has during the progress of any such matter acted for a party, shall not, appear in such case or proceeding or other matter arising therefrom or in any matter connected therewith for any person whose interest is opposed to that of his former client, except with the prior permission of the Tribunal. 122. Restriction on party's right to be heard.- The party who has engaged a legal practitioner or authorised representative to appear for him before the Tribunal may be restricted by the Tribunal in making presentation before it. 123. Empanelment Of special authorised representatives by the Tribunal.- ( 1 ) The Tribunal may draw up a panel of authorised representatives or valuers or such other experts as may be required by the Tribunal to assist in proceedings before the Tribunal. (2) The President may call upon any of the persons from panel under sub-rule (1) for assistance in the proceedings before the Bench, if so required. (3) The remuneration payable and other allowances and compensation admissible to such persons shall be specified in consultation with the T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve the purpose, whether application was made to the proper officer and the result thereof. (3) A summons for production of documents in the custody of a public officer other than a court shall be in Form NCLT-15 and shall be addressed to the concerned Head of the Department or such other authority as may be specified by the Tribunal. 132. Suo motu summoning of documents .- Notwithstanding anything contained in these rules, the Tribunal may, suo motu, issue summons for production of public document or other documents in the custody of a public officer. 133. Marking of documents. - (1)The documents when produced shall be marked as follows : (a) If relied upon by the appellant's or petitioner's side, they shall be numbered as 'A' series. (b) If relied upon by the respondent's side, they shall be marked as 'B' series. (c) The Tribunal exhibits shall be marked as series. (2) The Tribunal may direct the applicant to deposit with the Tribunal by way of Demand Draft or Indian Postal Order drawn in favour of the Pay and Accounts Officer, Ministry Of Corporate Affairs, New Delhi, a sum sufficient to defray the expenses fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rge certificate .- Witness discharged by the Tribunal may be granted a certificate in Form NCLT-17 by the Registrar. 143. Witness allowance payable.- (1) Where the Tribunal issues summons to a Government servant to give evidence or to produce documents, the person So summoned may draw from the Government travelling and daily allowances admissible to him as per rules. (2) Where there is no provision for payment of Travelling Allowances and Daily Allowance by the employer to the person summoned to give evidence or to produce documents, he shall be entitled to be paid as allowance, (a sum in the opinion of the Registrar sufficient to defray the travelling and other expenses), having regard to the status and position of the witness. (3) The party applying for the summons shall deposit with the Registrar the amount of allowance as estimated by the Registrar well before the summons is issued. (4) If the witness is summoned as a court witness, the amount estimated by the Registrar shall be paid as per the directions of the Tribunal. (5) The aforesaid provisions would govern the payment of batta to the interpreter as well. 144. Records to be furnished ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e member of the Bench.- (1) Any Member Of the Bench may pronounce the order for and on behalf of the Bench. (2) When an order is pronounced under this rule, the Court Master shall make a note in the order sheet, that the order of the Bench consisting of President and Members was pronounced in open court on behalf of the Bench. 152. Authorising any member to pronounce order (1) If the Members of the Bench who heard the case are not readily available or have ceased to be Members Of the Tribunal, the President may authorise any other Member to pronounce the order on his behalf after being satisfied that the order has been duly prepared and signed by all the Members who heard the case. (2) The order pronounced by the Member so authorised shall be deemed to be duly pronounced. (3) The Member so authorised for pronouncement of the order shall affix his signature in the order sheet of the case stating that he has pronounced the order as provided in this rule. (3) If the order cannot be signed by reason of death, retirement or resignation or for any other reason by any One of the Members of the Bench who heard the case, it shall be deemed to have been released from p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irly typewritten in double space on one side only on durable foolscap folio paper Of metric A-4 size (30.5 cm long and 21.5 cm wide) with left side margin of 5 cm and right side margin of 2.5 cm. Corrections, if any, in the order shall be carried out neatly and sufficient space may be left both at the bottom and at the top of each page of the order to make its appearance elegant. (2) Members constituting the Bench shall affix their signatures in the order of their seniority from right to left. 159. Indexing of case files after disposal .- After communication of the order to the parties or legal practitioners, the official concerned shall arrange the records with pagination and prepare in the Index Sheet in Form no. to be prescribed by the Tribunal. He shall affix initials and then transmit the records with the Index initials to the records room. 160. Transmission Of files or records or orders. - Transmission of files or records Of the cases or orders shall be made only after obtaining acknowledgement in the movement register maintained at different sections or levels as per the directions of the Registrar. 161. Filing of Order of the Tribunal with the Regist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... c. 2 (41) Application for change in financial year 5,000/- 2. sec. 7 (7) Application to Tribunal where company has been incorporated by furnishing false or incorrect info or by any fraudulent action. 5,000/- 3. Sec. 14 (1) Conversion of public company into a private company. 5,000/- 4. Sec. 55 (3) Application for issue further redeemable preference shares. 5,000/- 5. Sec. 58 (3) Appeal against refusal of registration Of shares. 1,000/- 6. Sec. 59 Appeal for rectification of register of member. 1,000/- 7. Sec. 62 (4) Appeal against order of Govt. fixing terms and conditions for conversion of debentures and shares. 5,000/- 8. sec. 71 (9) Petition by Debenture-trustees. 2.000/ - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of restrictions on securities. 2,500/- 23. sec. 241 (1) Application in cases of oppression and mismanagement. 10,000/- 24. Sec. 242 (4) Application for regulating the conduct of company. 2,500/- 25. Sec. 243 (1) (b) Application for appointment as Managing Director 5,000/- 26. Sec. 244 (1) Application for waiver of requirement specified in clause (a) or b of Sec. 244 (l) 2,500/- 27. Sec 245 Class action suits 5000/- 28. Sec. 441 Application for compounding of certain offences. 1,000/- 29. Section 421 Appeals to NCLAT 5,000/- 30. Application under any other provisions specifically not mentioned herein above 1,000 - 31. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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