Presentation of petition – NCLT

In this post, we will discuss matter presentation of petition or appeal before National Company Law Tribunal. This post is written with a view that reader may check documents just before reaching at filing counter of the Tribunal.

Presentation

According to Rule 23(1) of National Company Law Tribunal Rules, 2016 every petition, application, caveat, interlocutory application, documents and appeal shall be presented in triplicate by the appellant or applicant or petitioner or respondent, as the case may be.

Such petition, application, caveat, interlocutory application, documents and appeal shall be presented by the appellant or applicant or petitioner or respondent, in person or by his duly authorised representative or by an advocate duly appointed in this behalf.

Such petition, application, caveat, interlocutory application, documents and appeal shall be in the prescribed form with stipulated fee at the filing counter and non-compliance of this may constitute a valid ground to refuse to entertain the same.

Number of copies to be filed

According to Rule 24, 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.

Verified and certified copies of documents

According to Rule 23(2), 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.

Such the authorised representative or advocate will certify these documents after duly verify from the originals.

Index of documents

According to Rule 23(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.

Number of Copies

According to Rule 23(4), sufficient number of copies of the appeal or petition or application shall also be filed for service on the opposite party.

Advance copies

According to Rule 23(5), in the pending matters, all applications shall be presented after serving copies thereof in advance on the opposite side or his authorised representative.

Processing fee

According to rule 23(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.

Address for service of summons

According to rule 21, the address for service of summons shall be filed with every appeal or petition or application or caveat on behalf of a party and shall as far as possible contain the following items namely:-

(a) the name of the road, street, lane and Municipal Division or Ward, Municipal Door and other number of the house;

(b) the name of the town or village;

(c) the post office, postal district and PIN Code, and

(d) any other particulars necessary to locate and identify the addressee such as fax number, mobile number, valid e-mail address, if any.

Endorsement and scrutiny of petition or appeal or document

Endorsement

According to sub –rule (1) of rule 28, 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. Thereafter he will return the acknowledgement to the party. He shall also affix his initials on the stamp affixed on the first page of the copies. He will enter the particulars of all such documents in the register after daily filing and assign a diary number which shall be entered below the date stamp. Thereafter he will cause it to be sent for scrutiny.

Scrutiny

According to rule 28 (2), on scrutiny, if the appeal or petition or application or document is found to be defective, such document shall be returned for compliance. For returning registry shall give notice to the party.

 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.

Power of registrar

According to rule 28 (3), the Registrar may for sufficient cause return the said document for rectification or amendment to the party filing the same.

The Registrar, for this purpose, may allow to the party concerned such reasonable time as he may consider necessary. The Registrar also have power to extend the time for compliance.

Power to decline to register

According to rule 28 (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 decline to register the pleading or document. For such decision the Registrar shall recorded the reason in writing.

Registration number of proceedings admitted

According to rule 29, 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.

Calling for records

According to rule 30, 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.

Please note: This blog post is not a professional advice but just a knowledge sharing initiative for mutual discussion.