What is the procedure for filing a case in NCLT in India?

Answer By law4u team

The procedure for filing a case in the National Company Law Tribunal (NCLT) in India depends on the type of case. Here are the general steps for filing a case in the NCLT: Identify the relevant NCLT: The NCLT has benches located in various cities in India, so the first step is to identify the appropriate NCLT based on the location of the company or parties involved in the case. Drafting the petition: The next step is to prepare a petition or application, which should clearly state the grounds on which the case is being filed and the relief sought. The petition should also include all relevant documents, such as contracts, agreements, and financial statements. Filing the petition: Once the petition is prepared, it should be filed with the relevant NCLT along with the prescribed fees. The NCLT may ask for additional documents or information during the filing process. Service of notice: After the petition is filed, the NCLT will issue a notice to the other party or parties involved in the case, informing them of the filing and the date of the hearing. Hearing: The NCLT will conduct a hearing to consider the petition and hear arguments from both sides. The parties involved in the case may be represented by lawyers. Decision: After considering the arguments and evidence presented, the NCLT will make a decision and issue an order. The order may include directions to the parties involved in the case, such as paying damages, complying with regulations, or taking other action. It is important to note that the procedure for filing a case in the NCLT can be complex, and it is advisable to seek the assistance of a lawyer who specializes in corporate law. The NCLT website provides detailed information on the procedure and rules for filing cases.

Answer By Neetu Verma

Property Law How to file a case with NCLT and check its status Do you want to file a case with NCLT? OR Have you filed a case with NCLT? Wondering how to check the case status and get updates on the same? Well, we have an easy solution! Read on, as this article discusses the procedure to follow to file a case with NCLT and also explains in great detail how to check the status of your case. Sep 05, 2019 Procedures to be Followed For Filing A Case Before NCLT Following are the requisite points for consideration before filing petition, appeal or application before NCLT as per NCLT rules: The document to be filed before NCLT shall be in English and if in any other language, it shall be accompanied with a copy of Translation in English It shall be written, printed in double space, on one side of legal paper, with margins: Top 4 cm, Right-2.5 cm and left- 5 cm It shall be duly paginated, indexed and stitched together in paper book form Every petition, application, appeal or document shall be filed in Triplicate All the documents filed shall be accompanied by an index in triplicate containing their details and the amount of fee to be paid thereon Copy of petition, application or appeal shall also be filed to the opposite party Consult - Top NCLT Lawyers True Copy of Resolution for authorisation to sign, verify and institute on behalf of the company shall also be enclosed Every petition, application or appeal shall be filed in Form No. NCLT.1(2) along with the attachment of Notice of admission in Form NCLT-2(1) Title Heading for Proceeding shall be in Form No. NCLT.4(3) Every petition or application shall be verified by an Affidavit in Form No. NCLT.6(4) Notice of Motion shall be filed in Form No. NCLT.3(5) Where any petition or application is required to be advertised, it shall be advertised in Form No. NCLT-3A(6) in vernacular language and in English Newspaper. Advertisement if published shall also be placed on the website of the company if any Every Party may appear either in person or through an authorised representative, who shall make an appearance through filing Vakalatnama or Memorandum of Appearance in Form No. NCLT.12(7) representing the respective parties No intern employed by the Authorised Representative shall appear, access the records or obtain copies of the order, unless his/her name is entered in the Register of intern maintained by the bench. Authorised Representative shall make an application in Form NCLT.10(8) for registering his intern Special Procedure has also been specified from Rule 66 to Rule 88 specifying the procedures or additional requirement for the applicant to be followed while filing an application under various provisions of the Companies Act, 2013. Additional requirements inter alia include accompanying documents as mentioned in Annexure-B (which includes a copy of Memorandum and Articles, copy of balance sheet, Resolution, Bank Draft for filing fees, etc.), the content of an application, advertisement of application, etc. Top Read: NCLT procedure for filing liquidation An application for rectification of Final order shall be filed within two years in Form No. NCLT.9(9) The certified copy of the order of NCLT shall be filed with ROC in Form NO. INC-28 along with the fees of Rs.500/- within 30 days

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