Procedures to be Followed For Filing A Case Before NCLT
Following are the requisite points for consideration before filing petition, appeal or application before NCLT as per NCLT rules:
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The document to be filed before NCLT shall be in English and if in any other language, it shall be accompanied with a copy of Translation in English
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It shall be written, printed in double space, on one side of legal paper, with margins: Top 4 cm, Right-2.5 cm and left- 5 cm
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It shall be duly paginated, indexed and stitched together in paper book form
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Every petition, application, appeal or document shall be filed in Triplicate
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All the documents filed shall be accompanied by an index in triplicate containing their details and the amount of fee to be paid thereon
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Copy of petition, application or appeal shall also be filed to the opposite party
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True Copy of Resolution for authorisation to sign, verify and institute on behalf of the company shall also be enclosed
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Every petition, application or appeal shall be filed in Form No. NCLT.1(2) along with the attachment of Notice of admission in Form NCLT-2(1)
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Title Heading for Proceeding shall be in Form No. NCLT.4(3)
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Every petition or application shall be verified by an Affidavit in Form No. NCLT.6(4)
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Notice of Motion shall be filed in Form No. NCLT.3(5)
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Where any petition or application is required to be advertised, it shall be advertised in Form No. NCLT-3A(6) in vernacular language and in English Newspaper. Advertisement if published shall also be placed on the website of the company if any
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Every Party may appear either in person or through an authorised representative, who shall make an appearance through filing Vakalatnama or Memorandum of Appearance in Form No. NCLT.12(7) representing the respective parties
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No intern employed by the Authorised Representative shall appear, access the records or obtain copies of the order, unless his/her name is entered in the Register of intern maintained by the bench. Authorised Representative shall make an application in Form NCLT.10(8) for registering his intern
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Special Procedure has also been specified from Rule 66 to Rule 88 specifying the procedures or additional requirement for the applicant to be followed while filing an application under various provisions of the Companies Act, 2013. Additional requirements inter alia include accompanying documents as mentioned in Annexure-B (which includes a copy of Memorandum and Articles, copy of balance sheet, Resolution, Bank Draft for filing fees, etc.), the content of an application, advertisement of application, etc.
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An application for rectification of Final order shall be filed within two years in Form No. NCLT.9(9)
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The certified copy of the order of NCLT shall be filed with ROC in Form NO. INC-28 along with the fees of Rs.500/- within 30 days
The Procedure to Check the Status Of An Ongoing Case Of NCLT
STEP 1: - Go to NCLT Website
STEP-2: - Open status of cause list option at the heading bar
STEP-3: - Date :-Day: Month: Year
STEP 4: -Select Bench (Select One Principal Bench, New Delhi Bench Court-II, New Delhi Bench Court-III, New Delhi Bench Court-IV, Registrar NCLT Ahmedabad, Bench Allahabad, Bench Bengaluru, Bench Chandigarh, Bench Chennai, Bench Guwahati, Bench Hyderabad, Bench Kolkata, Bench Mumbai, Bench Jaipur, Bench Cuttack
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STEP 5: - Select Court
STEP 6: - CASE STATUS of the ongoing case will appear
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1. Form NCLT-2 - Every petition, application or appeal shall be filed in Form No. NCLT.1 along with the attachment of Notice of admission in Form NCLT-2
2. Form No. NCLT.1 - Application and appeal Form
3. Form No. NCLT.4 - Title Heading for Proceeding shall be in Form No. NCLT.4.
4. Form No. NCLT.6 - Every petition or application shall be verified by an Affidavit in Form No. NCLT.6
5. Form No. NCLT.3 - Notice of Motion shall be filed in Form No. NCLT.3
6. Form No. NCLT-3A - Form NCLT-3A of Companies Act, 2013 is an advertisement detailing petition
7. Form No. NCLT.12 - Memorandum of appearance to the Registrar, National Company Law Tribunal
8. Form NCLT.10 - Application for the registration of an intern of an authorised representative under the rules
9. Form No. NCLT.9 - General Form for all purposes if no specific form is prescribed under these rules and Forms
