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 within a period as directed by the Hon’ble Appellate Tribunal.

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.

15.

Affidavit: -

-       Title of affidavit to be – “Before the National Law Appellate Tribunal” followed by cause title of the application or the proceedings in which the affidavit is to be used (Rule 67).

-       Affidavit to be in Form NCLAT-4 and to conform to Order XIX Rule 3 CPC (Rules 68).

-       Affidavits of illiterate and visually challenged person to comply with Rule 70.

-       Identification of deponent and Annexures to affidavit to be in accordance with Rules 71 and 72.

16.

Miscellaneous Application

(e.g. Extension of time for compliance under sub-rule (3) to rule 26)

- Format same as in Interlocutory Application - No fee required.

 


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