Filing of petition, appeals etc in National Company Law Tribunal
(1) 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 in English and shall be fairly and legibly type written,
lithographed or printed in double spacing on one side of standard petition
paper with an inner margin of about four centimeter width on top and with
a right margin of 2.5. cm, and left margin of 5 cm, duly paginated,
indexed and stitched together in paper book form;
(2) The cause title shall state “Before the National Company Law Tribunal”
and shall specify the Bench to which it is presented and also set out the
proceedings or order of the authority against which it is preferred.
(3) Appeal or petition or application or counter or objections shall be
divided into paragraphs and shall be numbered consecutively and each
paragraph shall contain as nearly as may be, a separate fact or allegation
(4) Where Saka or other dates are used, corresponding dates of Gregorian
Calendar shall also be given.
(5) Full name, parentage, age, description of each party and address and
in case a party sues or being 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.
(6) The names of parties shall be numbered consecutively and a separate
line should be allotted to the name and description of each party.
(7) These numbers shall not be changed and in the event of the death of a
party during the pendency of the appeal or petition or matter, his legal
heirs or representative, as the case may be, if more than one shall be
shown by sub-numbers.
(8) Where fresh parties are brought in, they may be numbered consecutively
in the particular category, in which they are brought in.
(9) Every proceeding shall state immediately after the cause title the
provision of law under which it is preferred.
21. Particulars to be set out in the address for service.- The address for
service of summons shall be filed with every appeal or petition or
application or caveat on behalf of a party and shall as far as possible
contain the following items namely:-
(a) the name of the road, street, lane and Municipal Division or Ward,
Municipal Door and other number of the house;
(b) the name of the town or village;
(c) the post office, postal district and PIN Code, and
(d) any other particulars necessary to locate and identify the addressee
such as fax number, mobile number, valid e-mail address, if any.
Initialing alteration.- Every interlineations, eraser or correction
or deletion in any appeal or petition or application or document shall be
initialed by the party or his authorized representative presenting it.
Presentation of petition or appeal -
(1) Every petition, application, caveat, interlocutory application,
documents and appeal shall be presented in triplicate by the appellant or
applicant or petitioner or respondent, as the case may be, in person or by
his duly authorised representative or by an advocate duly appointed in
this behalf in the prescribed form with stipulated fee at the filing
counter and non-compliance of this may constitute a valid ground to refuse
to entertain the same.
(2) Every petition or application or appeal may be accompanied by
documents duly certified by the authorised representative or advocate
filing the petition or application or appeal duly verified from the
(3) All the documents filed in the Tribunal shall be accompanied by an
index in triplicate containing their details and the amount of fee paid
(4) Sufficient number of copies of the appeal or petition or application
shall also be filed for service on the opposite party as prescribed under
(5) In the pending matters, all applications shall be presented after
serving copies thereof in advance on the opposite side or his authorised
(6) The processing fee prescribed by these rules, with required number of
envelopes of sufficient size and notice forms shall be filled alongwith
memorandum of appeal.
Number of copies to be filed.- The appellant or petitioner or
applicant or respondent shall file three authenticated copies of appeal or
petition or application or counter or objections, as the case may be, and
shall deliver one copy to each of the opposite party.
Lodging of caveat.- (1) Any person may lodge a caveat in triplicate
in any appeal or petition or application that may be instituted before
this Tribunal by paying the prescribed fee after forwarding a copy by
registered post or serving the same on the expected petitioner or
appellant and the caveat shall be in the form prescribed and contain such
details and particulars or orders or directions, details of authority
against whose orders or directions the appeal or petition or application
is being instituted by the expected appellant or petitioner or applicant
which full address for service on other side, so that the appeal or
petition or application could be served before the appeal or petition or
interim application is taken up: Provided, that the Tribunal may pass
interim orders in case of urgency.
(2) The caveat shall remain valid for a period of ninety days from the
date of its filing.
Endorsement and Verification.- (1) At the foot of every petition or
appeal or pleading there shall appear the name and signature of the
(2) Every petition or appeal shall be signed and verified by the party
concerned in the manner provided by these rules.
Translation of document.- (1) A document other than English
language intended to be used in any proceeding before the Tribunal shall
be received by the Registry accompanied by a copy in English, which is
agreed to by both the parties or certified to be a true translated copy by
authorized representative engaged on behalf of parties in the case or by
any other advocate or authorized representative whether engaged in the
case or not or if the advocate or authorized representative engaged in the
case authenticates such certificate or prepared by a translator approved
for the purpose by the Registrar on payment of such charges as he may
(2) Appeal or petition or other proceeding shall not be set down for
hearing until and unless all parties confirm that all the documents filed
on which they intend to rely are in English or have been translated into
English and required number of copies are filed into Tribunal.
28. Endorsement and scrutiny of petition or appeal or document.-(1) The
person in charge of the filing counter shall immediately on receipt of
petition or appeal or application or document affix the date stamp of
Tribunal thereon and also on the additional copies of the index and return
the acknowledgement to the party and he shall also affix his initials on
the stamp affixed on the first page of the copies and enter the
particulars of all such documents in the register after daily filing and
assign a diary number which shall be entered below the date stamp and
thereafter cause it to be sent for scrutiny.
(2) If, on scrutiny, the appeal or petition or application or document is
found to be defective, such document shall, after notice to the party, be
returned for compliance and if there is a failure to comply within seven
days from the date of return, the same shall be placed before the
Registrar who may pass appropriate orders.
(3) The Registrar may for sufficient cause return the said document for
rectification or amendment to the party filing the same, and for this
purpose may allow to the party concerned such reasonable time as he may
consider necessary or extend the time for compliance.
(4) Where the party fails to take any step for the removal of the defect
within the time fixed for the same, the Registrar may, for reasons to be
recorded in writing, decline to register the pleading or document.
Registration of proceedings admitted.- On admission of appeal or
petition or caveat or application, the same shall be numbered and
registered in the appropriate register maintained in this behalf and its
number shall be entered therein.
Calling for records.- On the admission of appeal or petition or
application 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.
Production of authorization for and on behalf of an association.-
Where an appeal or application or petition or other proceeding purported
to be instituted by or on behalf of an association, the person or persons
who sign (s) or verify (ies) the same shall produce along with such
application, for verification by the Registry, a true copy of the
resolution of the association empowering such person(s) to do so: Provided
that the Registrar may at any time call upon the party to produce such
further materials as he deems fit for satisfying himself about due
Provided further that it shall set out the list of members for whose
benefit the proceedings are instituted.
Interlocutory applications.- Every Interlocutory application for stay,
direction, condonation of delay, exemption from production of copy of
order appealed against or extension of time prayed for in pending matters
shall be in prescribed form and the requirements prescribed in that behalf
shall be complied with by the applicant, besides filing an affidavit
supporting the application.
Procedure on production of defaced, torn or damaged documents.-
When a document produced along with any pleading appears to be defaced,
torn, or in any way damaged or otherwise its condition or appearance
requires special notice, a mention regarding its condition and appearance
shall be made by the party producing the same in the Index of such a
pleading and the same shall be verified and initialed by the officer
authorized to receive the same.
To File in NCLT contact adv. Choudhury at Ph no: 9873628941