Appearance of authorised representative – NCLAT

In this post we will discuss Appearance of authorised representative before of National Company Law Appellate Tribunal given in Part – X of the National Company Law Appellate Tribunal Rules, 2016 which consist of rules 63 to 66.

Appearance of authorised representative

According to Section 432 of the Companies Act, 2013, a party to any proceeding or appeal before the Tribunal or the Appellate Tribunal, as the case may be, may –

• either appear in person or
• authorise one or more –
  • chartered accountants or
  • company secretaries or
  • cost accountants or
  • legal practitioners or
  • any other person to present his case before the Tribunal or the Appellate Tribunal, as the case may be.

Rule 63 of the National Company Law Appellate Tribunal Rules, 2016 repeat same statement –

Subject to provisions of Section 432 of the Act, a party to any proceedings or appeal before the Appellate Tribunal may either appear in person or authorise one or more chartered accountants or company secretaries of cost accountants or legal practitioners of any other person to present his case before the Appellate Tribunal.

Proof of engagement

According to sub – rule (1) of rule 64, where an advocate is engaged to appear for and on behalf of the parties, he shall submit Vakalatnama. Vakalatnama is not defined in these rules or any other law. Vakalatnama is a document authorising a lawyer to appear before a judicial tribunal or court and act for or on behalf of his client. Vakalatmana is different from power of attorney and agency agreement.

According to sub – rule (2) of rule 64, the professionals like chartered accountants or company secretaries or cost accountants shall submit Memorandum of Appearance.

Form NCLAT – 1 is format for memorandum of appearance for National Company Law Appellate Tribunal.

Restriction on party’s right to be heard

According to rule 65, the party who has engaged an authorised representative to appear for him before the Appellate Tribunal shall not be entitled to be heard in person unless permitted by the Appellate Tribunal.

Appointing authorised representative limit right to be heard in person. However, Appellate Tribunal may permit a party to be heard in person.

Professional dress for the authorised representative

According to rule 66, while appearing before the Appellate Tribunal, the authorised representative shall wear the same professional dress as prescribed in their Code of Conduct.

ICSI Dress code

Institute of Company Secretaries of Indian has prescribed the following guidelines for professional dress for members while appearing before judicial / quasi-judicial bodies and tribunals:

1. The professional dress for male members will be Navy Blue suit and white shirt with a tie (preferably of the ICSI) or navy blue buttoned-up coat over a pant or a navy blue safari suit.
2. The professional dress for female members will be saree or any other dress of a sober colour with a Navy Blue jacket.
3. Members in employment may wear the dress/uniform as specified by the employer for all employees or if allowed the aforesaid professional dress.
4. Practising Company Secretaries appearing before any tribunal or quasi-judicial body should adhere to dress code if any prescribed for appearing before such tribunal or quasi-judicial body or if allowed the aforesaid professional dress

ICAI Dress Code

With a view to ensure dignity in appearance and as a part of brand building of the profession, the Council of ICAI has prescribed the following dress code:

1. Male members may wear Indian National dress (i.e. a long buttoned up coat on dhoti or churidar pyjama) or full sleeves shirts with trousers and shoes.
2. Female members may wear saree or salwar kamiz or trousers and shirt.
3. Members are encouraged to wear a suit or a blazer with tie (preferably of ICAI) as may be appropriate to the occasion.
4. Where, however, members appear before any judicial forum and they have been prescribed a dress for appearing before such forum, then such dress shall apply in lieu of the dress mentioned above.
5. Similarly, in respect of members in employment the dress shall be governed by the rules, if any, prescribed by the concerned organisation, in lieu of the dress mentioned above.

Considering that the purpose of prescribing the dress code is to uphold the dignity and to enhance decorum, members are particularly required to adhere to the dress code when they represent before any statutory authority or when attending a business meeting or important events. On all other occasions, members are advised to be properly dressed in their professional capacity.

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