Composition of Benches of the National Company Law Tribunal
Composition of benches of the national company law tribunal
Central Government under section 419(1) of the Companies Act, 2013 is empowered to form composition of Benches of National Company Law Tribunal (NCLT). In the first phase the Ministry of Corporate Affairs of company registration have set up eleven Benches, one Principal Bench at New Delhi and one each Regional Benches at New Delhi, Ahmadabad, Allahabad, Bangalore, Chandigarh, Chennai, Guahati, Hyderabad, Kolkata and Mumbai.
The Principal Bench will consist of the President and such number of Judicial and Technical Members as the Central Government may deem necessary to be appointed by it by notification. The seat of the Principal Bench of company shall be at New Delhi which shall be presided over by the President of NCLT.
Matters to be dealt with by Benches
The matters falling under all other sections of the Companies Act, 2013 except those mentioned under Principal Bench will be dealt with by the Regional Benches, namely, New Delhi Bench, Ahmadabad Bench, Allahabad Bench, Bangalore Bench, Chandigarh Bench, Chennai Bench, Guahati Bench, Hyderabad Bench, Kolkata Bench and Mumbai Bench
Jurisdiction of Bench
All proceedings other than the proceedings before the Principal Bench shall be instituted before the Bench within whose jurisdiction the Registered Office of the Company is situated. The States or Union territories falling under the geographical jurisdiction of the Regional Benches are provided in the Table to the Notification No. S.O. 1935(E) dated 1-6-2016. The Regional Benches will ordinarily have their sittings at New Delhi, Ahmadabad, Allahabad, Bangalore, Chandigarh, Chennai, Guahati, Hyderabad, Kolkata and Mumbai. The Bench at its own discretion can hold its sittings in any other city or town falling within their respective geographical jurisdiction of the company or at any other place outside their jurisdiction with the consent of the parties.
Procedure in NCLT Benches
Rules 20 to 33 of the National Company Law Tribunal Rules, 2016 provide for procedure to be followed for institution of proceedings, petitions, appeals etc.
Language and writing
Every appeal or petition or application or caveat petition or objection or counter presented to the Tribunal of the company registration 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, lithographed or printed in double spacing on one side of standard petition paper with an inner margin of about four centimetre width on top and with a right margin of 2.5. cm, and left margin of 5 cm, duly paginated, indexed and stitched together in paper book form. Appeal or petition or application or counter or objections 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. Where Saka or other dates are used, corresponding dates of Gregorian calendar shall also be given.
The cause title shall state “Before the National Company Law Tribunal” and shall specify the Bench to which it is presented and also set out the proceedings or order of the authority against which it is preferred. Every proceeding shall state immediately after the cause title the provision of law under which it is preferred.
Full name, parentage, age, description of each party and address and in case a party sues or being sued in a representative character, shall also be set out at the beginning of the appeal or petition or application and need not be repeated in the subsequent proceedings in the same appeal or petition or application. The names of parties shall be numbered consecutively, and a separate line should be allotted to the name and description of each party. These numbers shall not be changed and in the event of the death of a party during the pendency of the appeal or petition or matter, his legal heirs or representative, as the case may be, if more than one shall be shown by sub-numbers. Where fresh parties are brought in, they may be numbered consecutively in the particular category, in which they are brought in.
Particulars of address for service
The address for service of summons shall be filed with every appeal or petition or application or caveat on behalf of a party and shall as far as possible contains the following items namely:-
a) The name of the road, street, lane and Municipal Division or Ward, Municipal Door and other number of the house;
b) The name of the town or village,
c) The post office, postal district and PIN Code, and
d) Any other particulars necessary to locate and identify the addressee such as fax number, mobile number, valid e-mail address, if any.
Every interlineations, eraser or correction or deletion in any appeal or petition or application or document shall be initialled by the party or his authorised representative presenting it.
Presentation of petition or appeal
Every petition, application, caveat, interlocutory application, documents and appeal of the company shall be presented in triplicate by the appellant or applicant or petitioner or respondent, as the case may be, in person or by his duly authorized representative or by an advocate 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 petition or application or appeal may be accompanied by documents of one person company registration in coimbatore duly certified by the authorized representative or advocate filing the petition or application or appeal duly verified from the originals. All the documents filed in the Tribunal shall be accompanied by an index in triplicate containing their details and the amount of fee paid thereon.
Presentation of joint petition
The Bench may permit more than one person to join together and present a single petition if it is satisfied, having regard to the cause of action and the nature of relief prayed for, that they have a common interest in the matter. Such permission shall be granted where the joining of the petitioners by a single petition is specifically permitted by the Act.]
Number of copies to be filed
The appellant or petitioner or applicant or respondent shall file three authenticated copies of appeal or petition or application or counter or objections, as the case may be, and shall deliver one copy to each of the opposite party. Sufficient number of copies of the appeal or petition or application of the company shall also be filed for service on the opposite party as prescribed under these rules. In the pending matters, all applications shall be presented after serving copies thereof in advance on the opposite side or his authorized representative. The processing fee prescribed by these rules, with required number of envelopes of sufficient size and notice forms shall be filled along with memorandum of appeal.
Lodging of caveat
Any person may lodge a caveat in triplicate in any appeal or petition or application that may be instituted before this Tribunal by paying the prescribed fee after forwarding a copy by registered post or serving the same on the expected petitioner or appellant and the caveat shall be in the Form No. NCLT 3C and contain such details and particulars or orders or directions, details of authority against whose orders or directions the appeal or petition or application is being instituted by the expected appellant or petitioner or applicant which full address for service on other side, so that the appeal or petition or application could be served before the appeal or petition or interim application is taken up. NCLT may pass interim orders in case of urgency. The caveat shall remain valid for a period of ninety days from the date of its filing.
Endorsement and Verification
At the foot of every petition or appeal or pleading there shall appear the name and signature of the authorised representative. Every petition or appeal 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 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 authorised representative engaged on behalf of parties in the case or if the authorised representative engaged in the case authenticates such certificate or prepared by a translator approved for the purpose by the Registrar on payment of such charges as he may order. Appeal or petition 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 numbers of copies are filed into Tribunal.
Production of authorization for and on behalf of an association
Where an appeal or application or petition or other proceeding purported to be instituted by or on behalf of an association, the person or persons who sign(s) or verify(ies) the same shall produce along with such application, for verification by the Registry of one person company registration in coimbatore , a true copy of the resolution of the association empowering such person(s) to do so.
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 prescribed form and the requirements prescribed in that behalf shall be complied with by the applicant, besides filing an affidavit supporting the application.
Defaced, torn or damaged documents
When a document produced along with any pleading appears to be defaced, tom, or in any way damaged or otherwise its condition or appearance requires special notice, a mention regarding its condition and appearance shall be made by the party producing the same in the Index of such a pleading and the same shall be verified and initialed by the officer of the company registration authorized to receive the same.