Write notes on the following: Meaning of Interlocutory Application under NCLAT Rules, 2016.

CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · June 2023
Write notes on the following: Meaning of Interlocutory Application under NCLAT Rules, 2016.

Answer & Explanation:

According to Rule 2(f) of National Company Law Appellate Tribunal Rules, 2016 (NCLAT Rules, 2016) , "interlocutory application" means an application in any appeal already instituted in the National Company Law Appellate Tribunal (NCLAT), but not being a proceeding for execution of the order or direction of NCLAT. Further, according to Rule 31 , every interlocutory application for stay, direction, condonation of delay, exemption from production of copy of order appealed against or extension of time prayed for in pending matters shall be in Form NCLAT-2 and the requirements prescribed in that behalf shall be complied with by the applicant, besides filing an affidavit supporting the application. In essence, an interlocutory application is a request made to the NCLAT during the pendency of an appeal for specific interim relief or directions, which is not the final resolution of the appeal itself.

Topics: NCLAT Rules

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