State the procedure of appeal before the National Company Law Appellate Tribunal.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2022
State the procedure of appeal before the National Company Law Appellate Tribunal.
Answer & Explanation:
Part III of the National Company Law Appellate Tribunal Rules, 2016 dealing with the provisions relating to Institution of appeals. The Procedure before of appeal before NCLAT is as under: Manner and Language for Presentation - Every appeal to the Appellate 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 or printed in double spacing on one side of standard paper with an inner margin of about four centimeters width on top and with a right margin of 2.5 cm, and left margin of 5cm, duly paginated, indexed and stitched together in paper book form. Cause Title - The cause title shall state "In the National Company Law Appellate Tribunal" and also set out the proceedings or order of the authority against which it is preferred. Format of pleadings - Appeal 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 or point. Marking the date - Where Saka or other dates are used, corresponding dates of Gregorian calendar shall also be given. Description of parties - Full name, parentage, description of each party and address and in case a party sue or being sued in a representative character, shall also be set out at the beginning of the appeal and need not be repeated in the subsequent proceedings in the same appeal. Numbering of parties - The names of parties shall be numbered consecutively and a separate line should be allotted to the name and description of each party and these numbers shall not be changed and in the event of the death of a party during the pendency of the appeal, his legal heirs or representative, as the case may be, if more than one shall be shown by sub-numbers. Representation by Legal heirs or representative in case of death - Where fresh parties are brought in, they may be numbered consecutively in the particular category, in which they are brought in. Reference to the relevant provision - Every proceeding shall state immediately after the cause title and the provision of law under which it is preferred. Service of Summons - The address for service of summons shall be filed with every appeal on behalf of a party and shall as far as possible contain the following items namely:- the name of the road, street, lane and Municipal Division or Ward, Municipal Door and other number of the house: the name of the town or village; the post office, postal district and PIN Code; and any other particular necessary to identify the addressee such as fax number, mobile number and e-mail address, if any. Initialling alteration : Every interlineation, eraser or correction or deletion in any appeal shall be initialled by the party or his authorised representative. Presentation of appeal : 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. Every appeal shall be accompanied by a certified copy of the impugned order. 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. Sufficient number of copies of the appeal or petition or application shall also be filed for service on the opposite party as prescribed. 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. 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. Number of copies to be filed : The appellant or petitioner or applicant or respondent 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. 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. Translation of document : 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. The Registrar may order translation, certification and authentication by a person approved by him for the purpose on payment of such fee to the person, as specified by the Chairperson. Appeal 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 with the Appellate Tribunal.
Topics: National Company Law Appellate Tribunal (NCLAT)
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