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April 13, 2021

NCLAT Checklist for Appeals under Companies Act, 2013 and IBC, 2016

by CA Shivam Jaiswal in Corporate Law

NCLAT Checklist for Appeals under Companies Act, 2013 and IBC, 2016

Checklist for Appeals under Companies Act, 2013 & Insolvency and
Bankruptcy Code, 2016

Appeals to be in Form NCLAT-1 (in triplicate) along with an affidavit in
Form NCLAT-4 of the National Company Law Appellate Tribunal Rules, 2016 (Rules)

1. Language & Format

  • Appeal stitched together in paper book form
  • Language of appeal – English
  • If in some other language
  • should be accompanied by a copy of translated version in English
  • Fairly and legible type
  • written or printed
  • Double spacing
  • On one side of legal size paper with inner margin of about 4 cm
  • Width on top & right margin 2.5 cm.
  • Left margin 5 cm. – Duly paginated

2. Cause Title

  • Cause Title to state “In the National Company Law Appellate Tribunal”
  • Company Appeal (AT) No.___/2017 or Company Appeal (AT) (Insolvency) No.___/2017.
  • State the provision(s) of law/ rule(s) under which appeal preferred. – State Case No., date, Bench which passed the impugned order

3. Memo of Parties and address for service of summons

  • State full name, parentage and following details as prescribed under Rule 20:-
    • (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 particular necessary to identify the addressee such as fax number, mobile number and e-mail address.
  • In case party sues or is being sued in a representative character, state the fact at the beginning of the appeal and need not be repeated in the remaining part of the appeal.
  • If a company or companies are party to the appeal, the name and details of the person authorised to represent the company.
  • The parties shall be numbered consecutively and a separate line should be allotted to the name and description of each party.

This number shall not be changed and in the event of death of a party during the pendency of the appeal, his legal heirs or representative(s) should be given sub-numbers. e.g. if Respondent No.3 dies & there are 4 legal heirs, they will be substituted as Respondent No.3(a), 3(b), 3(c) & 3(d).

  • When fresh parties are brought in, they may be numbered consecutively

4. Synopsis-cum-chronological list of events: –

Appeal memo to contain synopsis and list of dates.

5. Pleadings: –

  • To be divided into paragraphs and numbered consecutively.
  • Each paragraph to contain as nearly as may be, a separate fact or allegation or point.
  • Where saka or other dates are used, state also the corresponding dates of Gregorian calendar. – Every interlineation, eraser or correction or deletion should be initialled by the party or his authorized representative.

6. Fees for Appeals: –

  • For every order challenged
  • ₹ 5,000/- to be paid by way of Demand Draft or Pay Order in favour of “Pay and Accounts Officer, Ministry of Corporate Affairs” payable at New Delhi.

7. Fees for Interlocutory Application: – ₹ 1,000/- per application.

8. Documents: –

  • When Appeal instituted by or on behalf of an association, the person signing or verifying the same to produce a true copy of the Resolution of the association empowering him to do so (Rule 30).
  • Every Appeal to be accompanied by a certified copy of the impugned order(s) (not photocopy copy or typed copy). The order to be incorporated in the paper book immediately after the Appeal memo.
  • All documents filed in the Appellate Tribunal to be accompanied by index in triplicate containing their details. – Sufficient number of copies of Appeal or petition or application should be filed for service on the opposite parties (if not filed, it is required to be filed within a period as directed by the Hon’ble Appellate Tribunal).

9. In pending matters, all applications to be filed after serving copies in advance on the opposite side/ his advocate/ authorised representative.

10. Process Fees: –

  • The required processing fee with required number of envelopes of sufficient size containing the address of the parties to be filed

11. Endorsement and Verification: –

  • At the foot of every Appeal or pleading, there shall be the name and signature of the authorised representative (Rule 24).
  • Every Appeal or pleadings to be signed and verified by the party concerned. – Declaration and verification in Appeal to be as contained in Form NCLAT-1.

12. Proof of Engagement: –

  • Vakalatnama to be filed by Lawyer (Rule 64) with Court fee of ₹.3/- and Advocate Welfare stamp of ₹.10/- each. – Chartered Accountants or Company Secretaries or Cost Accountants to submit memorandum of appearance {Rule 64(2)}.

13. Copy of petition(s), counter affidavit(s) etc. filed before the NCLT to be produced, if intended to be relied on

14. Format of Interlocutory Application: –

  • To be in Form NCLAT-2 along with affidavit (Rule 31).
  • In cause title state I.A. No.___/2017 in Company Appeal (AT) ___/2017 or Company Appeal (AT) (Insolvency)___/2017. – State the provision of law under which I.A. is filed.

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