Explain any four rights of a party to appear before the National Company Law Tribunal, under the Companies Act, 2013.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2020
Explain any four rights of a party to appear before the National Company Law Tribunal, under the Companies Act, 2013.

Answer & Explanation:

Rule 45 of the NCLT Rules deals with rights of a party to appear before the Tribunal. According to Rule 45: Every party may appear before a Tribunal in person or through an authorised representative, duly authorised in writing in this behalf. The authorised representative shall make an appearance through the filing of Vakalatnama or Memorandum of Appearance in Form No. NCLT-12 representing the respective parties to the proceedings. The Central Government, the Regional Director or the Registrar of Companies or Official Liquidator may authorise an officer or an Advocate to represent in the proceedings before the Tribunal. The officer authorised by the Central Government or the Regional Director or the Registrar of Companies or the Official Liquidator shall be an officer not below the rank of Junior Time Scale or company prosecutor. During any proceedings before the Tribunal, it may for the purpose of its knowledge, call upon the Registrar of Companies to submit information on the affairs of the company on the basis of information available in the MCA21 portal. Reasons for such directions shall be recorded in writing. There shall be no audio or video recording of the Bench proceedings by the parties or their authorised representatives.

Topics: Companies Act, 2013

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