The National Company Law Tribunal Rules, 2016

Rule 87A Appeal or application under sub-section (1) and sub-section (3) of section 252

Chapter: III · Service, Appearance and Cause List

1Appeal or application under sub-section (1) and sub-section (3) of section 252. -

1(1) An appeal under sub-section (1) or an application under subsection (3) of section 252, may be filed before the Tribunal in Form No. NCLT 9, with such modifications as may be necessary.

1(2) A copy of the appeal or application shall be served on the Registrar and on such other persons as the Tribunal may direct, not less than fourteen days before the date fixed for hearing of the appeal or application, as the case may be.

1(3) Upon hearing the appeal or the application or any adjourned hearing thereof, the Tribunal may pass appropriate order, as it deems fit.

1(4) Where the Tribunal makes an order restoring the name of a company in the register of companies, the order shall direct that-

1(a) the appellant or applicant shall deliver a certified copy to the Registrar of Companies within thirty days from the date of the order;

1(b) on such delivery, the Registrar of Companies do, in his official name and seal, publish the order in the Official Gazette;

1(c) the appellant or applicant do pay to the Registrar of Companies his costs of, and occasioned by, the appeal or application, unless the Tribunal directs otherwise; and

1(d) the company shall file pending financial statements and annual returns with the Registrar and comply with the requirements of the Companies Act, 2013 and rules made thereunder within such time as may be directed by the Tribunal.

1(5) An application filed by the Registrar of Companies for restoration of name of a company in the register of companies under second proviso to sub-section (1) of section 252 shall be in Form No. NCLT 9 and upon hearing the application or any adjourned hearing thereof, the Tribunal may pass an appropriate order, as it deems fit.

1. Rule 87A ins. by G.S.R. 840(E), dated 5th July, 2017 (NCLT (Amendment) Rules, 2017), w.e.f. 5th July, 2017.

[87A. Appeal or application under sub-section (1) and sub-section (3) of section 252. -
(1) An appeal under sub-section (1) or an application under subsection (3) of section 252, may be filed before the Tribunal in  Form No. NCLT 9, with such modifications as may be necessary.

(2) A copy of the appeal or application shall be served on the Registrar and on such other persons as the Tribunal may direct, not less than fourteen days before the date fixed for hearing of the appeal or application, as the case may be.

(3) Upon hearing the appeal or the application or any adjourned hearing thereof, the Tribunal may pass appropriate order, as it deems fit.

(4) Where the Tribunal makes an order restoring the name of a company in the register of companies, the order shall direct that-

(a) the appellant or applicant shall deliver a certified copy to the Registrar of Companies within thirty days from the date of the order;

(b) on such delivery, the Registrar of Companies do, in his official name and seal, publish the order in the Official Gazette;

(c) the appellant or applicant do pay to the Registrar of Companies his costs of, and occasioned by, the appeal or application, unless the Tribunal directs otherwise; and

(d) the company shall file pending financial statements and annual returns with the Registrar and comply with the requirements of the Companies Act, 2013 and rules made thereunder within such time as may be directed by the Tribunal.

(5) An application filed by the Registrar of Companies for restoration of name of a company in the register of companies under second proviso to sub-section (1) of section 252 shall be in Form No. NCLT 9 and upon hearing the application or any adjourned hearing thereof, the Tribunal may pass an appropriate order, as it deems fit.]

1. Rule 87A ins. by G.S.R. 840(E), dated 5th July, 2017 (NCLT (Amendment) Rules, 2017), w.e.f. 5th July, 2017.