NCLAT Checklist for Appeals under Companies Act, 2013 and IBC, 2016
NATIONAL COMPANY LAW APPELLATE TRIBUNAL
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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