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:
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
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
It shall be duly paginated, indexed and stitched together in paper book form
Every petition, application, appeal or document shall be filed in Triplicate
All the documents filed shall be accompanied by an index in triplicate containing their details and the amount of fee to be paid thereon
Copy of petition, application or appeal shall also be filed to the opposite party
True Copy of Resolution for authorisation to sign, verify and institute on behalf of the company shall also be enclosed
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)
Title Heading for Proceeding shall be in Form No. NCLT.4(3)
Every petition or application shall be verified by an Affidavit in Form No. NCLT.6(4)
Notice of Motion shall be filed in Form No. NCLT.3(5)
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
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
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
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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