Presentation of Appeal – NCLAT

In this post, we will discuss matter presentation of appeal before and National Company Law Appellate 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 22 (1) of National Company Law Appellate Tribunal Rules, 2016 every appeal shall be presented in triplicate by the appellant or applicant or petitioner or respondent, as the case may be.

The prescribed form for this purpose is NCLAT – 1.

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 duly appointed in this behalf.

A non-compliance of this sub – rule may constitute a valid ground to refuse to entertain the appeal.

Impugned Order

According to Rule 22 (2) of NCLAT Rules, 2016, every appeal shall be accompanied by a certified copy of the impugned order.

Number of copies to be filed

According to Rule 23 of NCLAT Rules, 2016, 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 24 of NCLAT Rules, 2016, at the foot of every appeal or pleading there shall appear the name and signature of the authorised representative.

Every appeal or pleadings shall be signed and verified by the party concerned in the manner provided by these rules.

Index of documents

According to Rule 22 (3) of NCLAT Rules, 2016, all the documents filed in the Appellate 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 22 (4) of NCLAT Rules, 2016, 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 22 (5) of NCLAT Rules, 2016, 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.

Endorsement and scrutiny of petition or appeal or document

Endorsement

According to sub –rule (1) of rule 26 of NCLAT Rules, 2016, the person in charge of the filing counter shall immediately on receipt of appeal 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 26 (2) of NCLAT Rules, 2016, 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 26 (3) of NCLAT Rules, 2016, 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 26 (4) of NCLAT Rules, 2016, 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 27 of NCLAT Rules, 2016, on admission of appeal, 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 29 of NCLAT Rules, 2016, 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.