NCLAT Rules G.S.R. 717(E)

The National Company Law Appellate Tribunal Rules, 2016

Practice and procedure before the Appellate Tribunal: filing of appeals and their presentation, limitation and condonation of delay, service of notice, appearance and pleadings, hearing and disposal, orders and records, and the NCLAT forms.

104 Rules

G.S.R. 717(E) Notification

Form NCLAT-1 Appeal

G.S.R. 717(E) Enacted 21 July 2016 Enforced 21 July 2016 Ministry of Corporate Affairs

Made under

The Companies Act, 2013 Chapter XXVII

104 rules

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Default readable text

Opening text

Preamble

NOTIFICATION

New Delhi, 21st July 2016

G.S.R. 717(E).—In exercise of the powers conferred by section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules, namely:-

Chapter I

Preliminary and Powers of the Appellate Tribunal

20 rules

R1 Short title and commencement

Rule 1 of the NCLAT Rules: Short title and commencement

R2 Definitions

Rule 2 of the NCLAT Rules: Definitions

R3 Computation of time period

Rule 3 of the NCLAT Rules: Computation of time period

R4 Forms

Rule 4 of the NCLAT Rules: Forms

R5 Format of order or direction or rule

Rule 5 of the NCLAT Rules: Format of order or direction or rule

R6 Official seal of the Appellate Tribunal

Rule 6 of the NCLAT Rules: Official seal of the Appellate Tribunal

R7 Custody of the records

Rule 7 of the NCLAT Rules: Custody of the records

R8 Sitting of Appellate Tribunal

Rule 8 of the NCLAT Rules: Sitting of Appellate Tribunal

R9 Sitting hours of the Appellate Tribunal

Rule 9 of the NCLAT Rules: Sitting hours of the Appellate Tribunal

R10 Working hours of office

Rule 10 of the NCLAT Rules: Working hours of office

R11 Inherent powers

Rule 11 of the NCLAT Rules: Inherent powers

R12 Calendar

Rule 12 of the NCLAT Rules: Calendar

R13 Listing of cases

Rule 13 of the NCLAT Rules: Listing of cases

R14 Power to exempt

Rule 14 of the NCLAT Rules: Power to exempt

R15 Power to extend time

Rule 15 of the NCLAT Rules: Power to extend time

R16 Powers and functions of the Registrar

Rule 16 of the NCLAT Rules: Powers and functions of the Registrar

R17 Power of adjournment

Rule 17 of the NCLAT Rules: Power of adjournment

R18 Delegation powers of the Chairperson

Rule 18 of the NCLAT Rules: Delegation powers of the Chairperson

R19 Procedure for proceedings

Rule 19 of the NCLAT Rules: Procedure for proceedings

R20 Particulars to be set out in the address for service

Rule 20 of the NCLAT Rules: Particulars to be set out in the address for service

Chapter II

Institution of Appeals and Pleadings

30 rules

R21 Initialling alteration

Rule 21 of the NCLAT Rules: Initialling alteration

R22 Presentation of appeal

Rule 22 of the NCLAT Rules: Presentation of appeal

R23 Number of copies to be filed

Rule 23 of the NCLAT Rules: Number of copies to be filed

R24 Endorsement and verification

Rule 24 of the NCLAT Rules: Endorsement and verification

R25 Translation of document

Rule 25 of the NCLAT Rules: Translation of document

R26 Endorsement and scrutiny of petition or appeal or document

Rule 26 of the NCLAT Rules: Endorsement and scrutiny of petition or appeal or document

R27 Registration of proceedings admitted

Rule 27 of the NCLAT Rules: Registration of proceedings admitted

R28 Ex-parte amendments

Rule 28 of the NCLAT Rules: Ex-parte amendments

R29 Calling for records

Rule 29 of the NCLAT Rules: Calling for records

R30 Production of authorisation for and on behalf of an association

Rule 30 of the NCLAT Rules: Production of authorisation for and on behalf of an association

R31 Interlocutory applications

Rule 31 of the NCLAT Rules: Interlocutory applications

R32 Procedure on production of defaced, torn or damaged documents

Rule 32 of the NCLAT Rules: Procedure on production of defaced, torn or damaged documents

R33 Preparation and publication of daily cause list

Rule 33 of the NCLAT Rules: Preparation and publication of daily cause list

R34 Carry forward of cause list and adjournment of cases on account of non sitting of an Appellate Tribunal

Rule 34 of the NCLAT Rules: Carry forward of cause list and adjournment of cases on account of non sitting of an Appellate Tribunal

R35 Diaries

Rule 35 of the NCLAT Rules: Diaries

R36 Order sheet

Rule 36 of the NCLAT Rules: Order sheet

R37 Maintenance of diary

Rule 37 of the NCLAT Rules: Maintenance of diary

R38 Statutes or citations for reference

Rule 38 of the NCLAT Rules: Statutes or citations for reference

R39 Calling of cases in Bench

Rule 39 of the NCLAT Rules: Calling of cases in Bench

R40 Regulation of Bench work

Rule 40 of the NCLAT Rules: Regulation of Bench work

R41 Registers to be maintained

Rule 41 of the NCLAT Rules: Registers to be maintained

R42 Arrangement of records in pending matters

Rule 42 of the NCLAT Rules: Arrangement of records in pending matters

R43 Contents of main file

Rule 43 of the NCLAT Rules: Contents of main file

R44 Contents of process file

Rule 44 of the NCLAT Rules: Contents of process file

R45 Execution file

Rule 45 of the NCLAT Rules: Execution file

R46 File for miscellaneous applications

Rule 46 of the NCLAT Rules: File for miscellaneous applications

R47 Destruction of record

Rule 47 of the NCLAT Rules: Destruction of record

R48 Issue of notice

Rule 48 of the NCLAT Rules: Issue of notice

R49 Summons

Rule 49 of the NCLAT Rules: Summons

R50 Steps for issue of fresh notice

Rule 50 of the NCLAT Rules: Steps for issue of fresh notice

Chapter III

Service, Appearance and Hearing

30 rules

R51 Consequence of failure to take steps for issue of fresh notice

Rule 51 of the NCLAT Rules: Consequence of failure to take steps for issue of fresh notice

R52 Entries regarding service of notice or process

Rule 52 of the NCLAT Rules: Entries regarding service of notice or process

R53 Non-appearance of respondent and consequences

Rule 53 of the NCLAT Rules: Non-appearance of respondent and consequences

R54 Filing of objections by respondent, form and consequences

Rule 54 of the NCLAT Rules: Filing of objections by respondent, form and consequences

R55 Fee

Rule 55 of the NCLAT Rules: Fee

R56 Award of costs in the proceedings

Rule 56 of the NCLAT Rules: Award of costs in the proceedings

R57 Inspection of the records

Rule 57 of the NCLAT Rules: Inspection of the records

R58 Grant of inspection

Rule 58 of the NCLAT Rules: Grant of inspection

R59 Application for grant of inspection

Rule 59 of the NCLAT Rules: Application for grant of inspection

R60 Fee payable for inspection

Rule 60 of the NCLAT Rules: Fee payable for inspection

R61 Mode of inspection

Rule 61 of the NCLAT Rules: Mode of inspection

R62 Maintenance of register of inspection

Rule 62 of the NCLAT Rules: Maintenance of register of inspection

R63 Appearance of authorised representative

Rule 63 of the NCLAT Rules: Appearance of authorised representative

R64 Proof of engagement

Rule 64 of the NCLAT Rules: Proof of engagement

R65 Restriction on party’s right to be heard

Rule 65 of the NCLAT Rules: Restriction on party’s right to be heard

R66 Professional dress for the authorised representative

Rule 66 of the NCLAT Rules: Professional dress for the authorised representative

R67 Title of affidavits

Rule 67 of the NCLAT Rules: Title of affidavits

R68 Form and contents of the affidavit

Rule 68 of the NCLAT Rules: Form and contents of the affidavit

R69 Persons authorised to attest

Rule 69 of the NCLAT Rules: Persons authorised to attest

R70 Affidavits of illiterate, visually challenged persons

Rule 70 of the NCLAT Rules: Affidavits of illiterate, visually challenged persons

R71 Identification of deponent

Rule 71 of the NCLAT Rules: Identification of deponent

R72 Annexures to the affidavit

Rule 72 of the NCLAT Rules: Annexures to the affidavit

R73 Application for production of documents, form of summons

Rule 73 of the NCLAT Rules: Application for production of documents, form of summons

R74 Suo motu summoning of documents

Rule 74 of the NCLAT Rules: Suo motu summoning of documents

R75 Marking of documents

Rule 75 of the NCLAT Rules: Marking of documents

R76 Return and transmission of documents

Rule 76 of the NCLAT Rules: Return and transmission of documents

R77 Procedure for examination of witnesses, issue of Commissions

Rule 77 of the NCLAT Rules: Procedure for examination of witnesses, issue of Commissions

R78 Examination in camera

Rule 78 of the NCLAT Rules: Examination in camera

R79 Form of oath or affirmation to witness

Rule 79 of the NCLAT Rules: Form of oath or affirmation to witness

R80 Form of oath or affirmation to interpreter

Rule 80 of the NCLAT Rules: Form of oath or affirmation to interpreter

Chapter IV

Orders, Records and Miscellaneous

24 rules

R81 Officer to administer oath

Rule 81 of the NCLAT Rules: Officer to administer oath

R82 Recording of deposition

Rule 82 of the NCLAT Rules: Recording of deposition

R83 Numbering of witnesses

Rule 83 of the NCLAT Rules: Numbering of witnesses

R84 Grant of discharge certificate

Rule 84 of the NCLAT Rules: Grant of discharge certificate

R85 Witness allowance payable

Rule 85 of the NCLAT Rules: Witness allowance payable

R86 Records to be furnished to the Commissioner

Rule 86 of the NCLAT Rules: Records to be furnished to the Commissioner

R87 Taking of specimen handwriting, signature etc

Rule 87 of the NCLAT Rules: Taking of specimen handwriting, signature etc

R88 Order

Rule 88 of the NCLAT Rules: Order

R89 Operative portion of the order

Rule 89 of the NCLAT Rules: Operative portion of the order

R90 Corrections

Rule 90 of the NCLAT Rules: Corrections

R91 Pronouncement of order

Rule 91 of the NCLAT Rules: Pronouncement of order

R92 Pronouncement of order by any one member of the Bench

Rule 92 of the NCLAT Rules: Pronouncement of order by any one member of the Bench

R93 Authorizing any Member to pronounce order

Rule 93 of the NCLAT Rules: Authorizing any Member to pronounce order

R94 Making of entries by Court Master

Rule 94 of the NCLAT Rules: Making of entries by Court Master

R95 Transmission of order by the Court Master

Rule 95 of the NCLAT Rules: Transmission of order by the Court Master

R96 Format of order

Rule 96 of the NCLAT Rules: Format of order

R97 Indexing of case files after disposal

Rule 97 of the NCLAT Rules: Indexing of case files after disposal

R98 Transmission of files or records or orders

Rule 98 of the NCLAT Rules: Transmission of files or records or orders

R99 Copies of Orders in library

Rule 99 of the NCLAT Rules: Copies of Orders in library

R100 Register of Special Leave Petitions/Appeal

Rule 100 of the NCLAT Rules: Register of Special Leave Petitions/Appeal

R101 Placing of Supreme Court orders before Appellate Tribunal

Rule 101 of the NCLAT Rules: Placing of Supreme Court orders before Appellate Tribunal

R102 Registrar to ensure compliance of Supreme Court orders

Rule 102 of the NCLAT Rules: Registrar to ensure compliance of Supreme Court orders

R103 Filling through electronic media

Rule 103 of the NCLAT Rules: Filling through electronic media

R104 Removal of difficulties and issue of directions

Rule 104 of the NCLAT Rules: Removal of difficulties and issue of directions