Legal Legal Law

Appeal on National Company Law Tribunal Process & Requirement

National Company Law Tribunal is a single window institution for corporate justice. The Companies Act, 2013 deals with the provisions relating to the National Company Law Tribunal and Appellate Tribunal.

What is Appeal?

A petitioner or an appellant or any other person or entity capable of making an application including an interlocutory application or a petition or an appeal under the Act.

What is the procedure for filing an appeal before National Company Law Tribunal?

• The language of application:

Every appeal or petition or application or caveat petition or objection or counter presented to the Tribunal shall be in English and in case it is in some other Indian language, it shall be accompanied by a copy translated into English.

• The application shall be fairly and legibly typewritten.
• Printing of application:

The National Company Law Tribunal application shall be lithographed or printed in double spacing on one side of standard petition paper with an inner margin of about four-centimetre width on top and with a right margin of 2.5. Centimetre, and left margin of 5 centimetres, indexed and stitched together in paper book form.

• Title:

The cause title shall state “Before the National Company Law Tribunal” and shall specify the Bench to which it is presented.

• The appeal shall be in paragraphs and numbered consecutively and each paragraph shall contain as nearly as may be, a separate factor allegation or point.
• Full name, parentage, age, description of each party and address and in case a party sues or is sued in a representative character, shall also be set out at the beginning of the appeal or petition or application and need not be repeated in the subsequent proceedings in the same appeal or petition or application.
• The names of parties shall be numbered consecutively and a separate line should be allotted to the name and description of each party.
• Any fresh parties shall be numbered consecutively in the particular category, in which they are brought in.
• The address for service of summons shall be filed with every appeal or petition or application or caveat on behalf of a party.
• Initialling alteration:

Any appeal or documents submitted require any correction and deletion shall be initialled by the party or his authorized representative presenting it.

• Presentation of petition or appeal:
• Every appeal shall be presented in triplicate by the appellant in person or by his duly authorized representative or by an advocate duly appointed in this behalf in the prescribed form along with fees stipulated. Non-compliance of this may constitute a reason to refuse.
• Every appeal may be accompanied by documents duly certified by the authorized representative or advocate filing the petition or application or appeal duly verified from the originals.
• 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.
• A sufficient number of copies of the appeal shall be filed for service on the opposite party as prescribed under these rules.
• A number of copies to be filed:

Three (3) authenticated copies of appeal or petition or application or counter or objections shall be filed by the applicant and shall deliver one copy to each of the opposite party.

• Endorsement and Verification:

Every petition or appeal or pleading shall contain footnotes with the name and signature of the authorized representative.

• Endorsement and scrutiny of appeal or document:

The person in charge of the filing stand shall instantly on receipt of petition or appeal or application or document attach the date stamp of Tribunal thereon. He shall attach his initials on the stamp attached on the first page of the copies and enter the particulars of all such documents in the register after daily filing and allocate a diary number below the date stamp and subsequently cause it to be sent for scrutiny.

• Registration of proceedings admitted:

The proceeding summited shall be numbered and registered in the appropriate register maintained on the admission of appeal.

• Calling for records:

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.

• Procedure for production of defaced, torn or damaged documents:

When any document produced seems to be defaced, torn, or in any way damaged or otherwise its condition or appearance requires special notice, shall mention its presence by the party producing the documents in the Index of such a pleading and the same shall be verified and initialled by the officer authorized to receive the same.

• Filing of Order:

The certified copy of the order of NCLT shall be filed with ROC in Form NO. INC-28 along with the prescribed fees within 30 days.

Above listed process has to comply and need to be prepared all listed documents in order to present for appeal in National Company Law Tribunal (NCLT). As the governing department are working for digitalization and quick proceedings process on such appeal, now mandates appellant to be ready and prepared with all grounds of appeal and fact of the case on instant manner