Record of proceedings


In this post, we shall discuss record of proceeding by National Company Law Appellate Tribunal under Part – V of the National Company Law Appellate Tribunal Rules, 2016.

Diaries

According to sub – rule (1) of rule 35 of NCLAT Rules, 2016, diaries shall be kept by the clerk-in-charge in such form as may be specified by the Registrar in each appeal and they shall be written legibly.

According to sub – rule (2) of rule 35 of NCLAT Rules, 2016 the diary in the main file shall contain a concise history of the appeal and the substance of the order passed thereon. In execution proceedings it shall also contain a complete record of all proceedings in execution of order or direction or rule.

Diaries shall be checked by the Deputy Registrar and initialed once in a fortnight.

Order Sheet

According to sub – rule (1) of rule 36 of NCLAT Rules, 2016, Order sheet shall be maintained in every proceedings by the Court Master and shall contain all orders passed by the Appellate Tribunal from time to time .

According to sub – rule (2) of rule 36 of NCLAT Rules, 2016 all orders passed by the Appellate Tribunal shall be in English and the same shall be signed by the Members of the Appellate Tribunal constituting the Bench.

According to proviso to sub – rule (2) of rule 36 of NCLAT Rules, 2016 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 Appellate Tribunal shall be signed by the Court Master.

According to sub – rule (3) of rule 36 of NCLAT Rules, 2016 the order sheet shall also contain the reference number of the appeal or petition or application, date of order and all incidental details including short cause title thereof.

Maintenance of diary

According to sub – rule (1) of rule 37 of NCLAT Rules, 2016, the Court Master of the Bench concerned shall maintain legibly a Diary, wherein he shall record the proceedings of the Bench for each sitting with respect to the applications or petitions or appeals listed in the daily cause list.

According to sub – rule (2) of rule 37 of NCLAT Rules, 2016, the matters to be recorded in the 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.

Citations for reference

According to rule 38 of NCLAT Rules, 2016, the parties or authorised representatives 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 photo copy of full text thereof.

Calling of cases in Bench

According to rule 39 of NCLAT Rules, 2016, Subject to the orders of the Bench, the Court Master shall call the cases listed in the cause list in the serial order.

Regulation of Bench work

According to Rule 40 (1) of NCLAT Rules, 2016, when a Bench 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 Bench hall and no disturbance whatsoever is caused to the functioning of the Appellate Tribunal and that proper care is taken to maintain dignity and decorum of the Appellate Tribunal.

According to Rule 40 (2) of NCLAT Rules, 2016, when the Appellate Tribunal passes order or issues directions, the Court Master shall ensure that the records of the case along with proceedings or orders of the Court 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 Court.

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