Inspection of Record – NCLAT

In this post we will discuss inspection of record of National Company Law Appellate Tribunal given in Part – IX of the National Company law Appellate Tribunal Rules, 2016 which consist of rules 57 to 62.

Inspection of the records by parties

According to sub – rule (1) of Rule 57 of the National Company law Appellate Tribunal Rules, 2016 following parties may be allowed to inspect the record of the case –

• Parties to any case, or
• Authorised representative of parties.

These persons may be allowed to inspect the record of the case on making an application in writing to the registrar.

Inspection of the records by other persons

According to sub – rule (2) of rule 57 of the National Company law Appellate Tribunal Rules, 2016 a person who is not a party to the proceeding, may also be allowed to inspect the proceedings after obtaining the permission of the Registrar in writing.

Registrar may grand such permission in accordance with such term and conditions as prescribed by the Chairman of National Company law Appellate Tribunal.

Grant of inspection

According to rule 58 of rule 57 of the National Company law Appellate Tribunal Rules, 2016, inspection of records of a pending or decided case before the Appellate Tribunal shall be allowed only on the order of the Registrar.

Application for grant of inspection

According to sub – rule of rule 59 of rule 57 of the National Company law Appellate Tribunal Rules, 2016, application for inspection of record under rule 58 shall be in the Form NCLAT – 3. The application shall be presented at the filing counter of the Registry between 10.30 AM and 3.00 PM on any working day.

Such application should be presented at least two days before the date on which inspection is sought. The Registrar may unless otherwise permit application within two days before the date on which inspection is sought.

According to sub – rule (2) of rule 59, of rule 57 of the National Company law Appellate Tribunal Rules, 2016 the Registry shall submit the application with its remarks before the Registrar,

The Registrar shall on consideration of the same, pass appropriate orders.

According to sub – rule (3) of rule 59, of rule 57 of the National Company law Appellate Tribunal Rules, 2016, 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.

Fee payable for inspection

According to rule 60 the National Company law Appellate Tribunal Rules, 2016 fee as given in the Schedule of the fees appended to these rules shall be payable by way of Demand Draft or Indian Postal Order to be drawn in favour of the Pay and Accounts Officer, Ministry of Corporate Affairs, New Delhi on any application for inspection of records of a pending or decided case.

Mode of inspection

According to sub – rule (1) of rule 61 the National Company law Appellate Tribunal Rules, 2016 on grant of permission for inspection of the records, the Deputy Registrar shall arrange to procure the records of the case

The Deputy Registrar shall 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 authorized in that behalf.

According to sub – rule (2) of rule 61 the National Company law Appellate Tribunal Rules, 2016 the person inspecting the records shall not in any manner cause dislocation, mutilation, tampering or damage to the records in the course of inspection.

According to sub – rule (3) of rule 61 the National Company law Appellate Tribunal Rules, 2016 the person inspecting the records shall not make any marking on any record or paper so inspected and taking notes, if any, of the documents or records inspected may be done only in pencil.

According to sub – rule (4) of rule 61 of the National Company law Appellate Tribunal Rules, 2016 the person supervising the inspection, may at any time prohibit further inspection, if in his opinion, any of the records are likely to be damaged in the process of inspection.

The person supervising the inspection may at any time prohibit further inspection, if in his opinion, the person inspecting the records has violated or attempted to violate the provisions of these rules.

 The person supervising the inspection shall immediately make a report about the matter to the Registrar and seek further orders from the Registrar and such notes shall be made in the Inspection Register.

Maintenance of register of inspection

According to rule 62 of the National Company law Appellate Tribunal Rules, 2016, the Deputy Registrar shall cause to maintain a Register for the purpose of inspection of documents or records and shall obtain therein the signature of the person making such inspection on the Register as well as on the application on the conclusion of inspection.

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