A company, XYZ Ltd., is involved in a commercial dispute with its minority shareholders regarding alleged mismanagement and oppression. The minority shareholders filed a petition before the National Company Law Tribunal

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2025
A company, XYZ Ltd., is involved in a commercial dispute with its minority shareholders regarding alleged mismanagement and oppression. The minority shareholders filed a petition before the National Company Law Tribunal (NCLT), seeking various interim reliefs. The Tribunal, after hearing the parties, passed an interlocutory order restraining the company's board from passing any major financial resolutions without prior approval. XYZ Ltd. contends that the order is unjust and seeks to challenge it before the National Company Law Appellate Tribunal (NCLAT). However, the respondents argue that the order is purely interlocutory and not subject to appeal. Meanwhile XYZ Ltd. also files a revision petition before the High Court under its supervisory jurisdiction, claiming that the NCLT exceeded its jurisdiction. The respondents counter that the power of revision cannot be exercised in this case since an alternative remedy exists. Additionally, XYZ Ltd. argues that even if the appeal is not maintainable, the revision petition should be treated as an appeal in the interest of justice. The respondents dispute this claim, citing procedural limitations. Furthermore, as the main dispute progresses, the case reaches the trial stage where questions arise regarding the admissibility of certain evidence and the role of the Tribunal in assessing disputed facts. Answer the following questions: Illustrate the procedural aspects and stages for Filing an Appeal Before NCLAT Against the Orders of NCLT.

Answer & Explanation:

The Procedural Aspects of Filling an Appeal before NCLAT against the order of NCLT Rule 22: Presentation of appeal (1) Every appeal shall be presented in Form NCLAT-1 in triplicate by the appellant or petitioner or applicant or respondent, as the case may be, in person or by his duly authorised representative 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 appeal shall be accompanied by a certified copy of the impugned order. (3) All documents filed in the Appellate Tribunal shall be accompanied by an index in triplicate containing their details and the amount of fee paid thereon. (4) Sufficient number of copies of the appeal or petition or application shall also be filed for service on the opposite party as prescribed. (5) In the pending matters, all other applications shall be presented after serving copies thereof in advance on the opposite side or his advocate or authorised representative. (6) The processing fee prescribed by the rules, with required number of envelopes of sufficient size and notice forms as prescribed shall be filled along with memorandum of appeal. Rule 23 of NCLAT Rules, 2016 - Number of copies to be filed The appellant or petitioner or applicant shall file three authenticated copies of appeal or counter or objections, as the case may be, and shall deliver one copy to each of the opposite party. Rule 24 of NCLAT Rules, 2016 - Endorsement and verification At the foot of every appeal or pleading there shall appear the name and signature of the authorised representative and every appeal or pleadings shall be signed and verified by the party concerned in the manner provided by these rules. Rule 25 of NCLAT Rules, 2016- Translation of document (1) A document other than English language intended to be used in any proceeding before the Appellate 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 the authorised representative engaged on behalf of parties in the case. (2) The fee and process fee shall be deposited by separate demand draft or Indian Postal Order favouring the Pay and Accounts Officer, Ministry of Corporate Affairs, payable at New Delhi. The Appellate Tribunal may, to advance the cause of justice and in suitable cases, waive payment of such fee or portion thereof, taking into consideration the economic condition or indigent circumstances of the petitioner or appellant or applicant or such other reason, as the case may be. Stages for filling an Appeal Receipt of Impugned Order: Obtain a certified copy of the interlocutory or final order passed by the NCLT. Limitation Period: File the appeal within 45 days from receipt of the order (Section 421, Companies Act, 2013). A further 45-day extension may be granted by NCLAT on sufficient cause being shown. Preparation of Appeal: Draft the Memorandum of Appeal in Form NCLAT-1, clearly stating: Grounds of appeal Relief sought Details of the impugned order Get it signed and verified by the authorised representative Filing of Appeal and Documents Submit the appeal in triplicate, along with: Certified copy of the NCLT order Index of documents Copies of pleadings, annexures, supporting affidavits Payment of Fees Properly filled notice forms and envelopes for service

Topics: Company Law

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