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SCHEDULE OF FEES
S.No. Section of the Companies Act, 2013/ Rule Nature of Appeal etc Fees (in Rupees)
Protection of employee during
1. Sec. 218(3)) investigation 1,000/-
Appeals to National Company Law
2.
Section 421(1) Appellate Tribunal 5,000/-
FORM NCLAT- 1
[See Rule 22]
Memorandum of Appeal Preferred under Section 421 of
The Companies Act, 2013
IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL
AT NEW DELHI
APPELLATE JURISDICTION
APPEAL NO. _____OF 20---
CAUSE TITLE
Between
A.B. ………..Appellant (s)
And
C.D. ………..Respondent(s)
[including appropriate commission/adjudicating officer ]
(with short address )
1. Details of Appeal
[Appeal under section 421 of the Companies Act, 2013 against impugned order of the
National Company Law Tribunal Order dated ……..passed under section ………………of the
Companies Act, 2013.
2. Date on which the order appealed against is communicated and proof thereof, if any.
3. The address of the appellant for service is as set out hereunder:
i) Postal address including PIN code
ii) Phone number including mobile number.
iii) E-mail
iv) Fax No.
v) Address of Legal Representative with Phone No., Fax No., e-mail
36 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II —SEC. 3(i)]
4. The address of the respondents for service of all notices in the appeal are as set out
hereunder:
i) Postal address including PIN code
ii) Phone number
iii) E-mail
iv) Fax Number
v) Mobile Number
vi) Address of Counsel with Phone number, Fax number, e-mail and mobile number.
5. Jurisdiction of the Appellate Tribunal
The appellant declares that the subject matter of the appeal is within the jurisdiction of this
Tribunal.
6. Limitation
The Appellant/s declare that the appeal is within the period specified in sub-section (3) of
section 421 of the Act. (Explain how the appeal is within the period prescribed in case the
appeal is preferred after the expiry of 45 days from the date of order/direction/decision
against which this appeal is preferred). In case the appeal barred by limitation, the number of
days of delay should be given along with interlocutory application for condonation of delay.
7. Facts of the case
The facts of the case are given below:
(Give here a concise statement of facts in a chronological order followed by elaboration of
issues including the question of law arising in the appeal. Each paragraph should deal with, as
far as possible a separate issue. )
8. Formulate (i) the facts in issue or specify the dispute between the parties and (ii) summarize
the questions of law that arise for consideration in the appeal:
(a) Facts in issue
(b) Question of law
9. Grounds raised with legal provisions
10. Matters not previously filed or pending with any other court
The appellant further declares that the appellant had not previously filed any writ petition or
suit regarding the matter in respect of which this appeal is preferred before any court or any
other authority nor any such writ petition or suit is pending before any of them.
[In case the appellant previously had filed any such writ petition or suit, the stage at which it
is pending and, if decided, the outcome of the same should be specified and a copy of the
order should also be annexed].
11. Specify below explaining the grounds for such relief (s) and the legal provisions, if any, relied
upon.
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12. Details of Interim Application, if any, preferred along with appeal.
13. Details of appeal/s, if any preferred before this Appellate Tribunal against the same
impugned order/direction, by Respondents with numbers, dates… and interim order, if any
passed in that appeal (if known).
14. Details of Index
[An index containing the details of the documents in chronological order relied upon is
enclosed].
15. Particulars of fee payable and details of bank draft in favour of Pay and Accounts Officer,
Ministry of Corporate Affairs, New Delhi.
In respect of the fee for appeal.
Name of the Bank _____________________Branch, ________ payable at Delhi. DD No.
_________________Date.
16. List of enclosures:
1.
2.
3.
4.
17. Whether the order appealed as communicated in original is filed? If not, explain the reason
for not filing the same.
18. Whether the appellant/s is ready to file written submissions/arguments before the first
hearing after serving the copy of the same on Respondents.
19. Whether the copy of memorandum of appeal with all enclosures has been forwarded to all
respondents and all interested parties, if so, enclose postal receipt/courier receipt in addition
to payment of prescribed process fee.
20. Any other relevant or material particulars / details which the appellant(s) deems necessary to
set out:
21. Reliefs Sought
In view of the facts mentioned in para 7 above, points in dispute and questions of law set out
in Para 8, the appellant prays for the following relief (s) :
a)
b)
c)
Dated at ____________________this ________day of __________200 .
Counsel for Appellant(s) Appellant (s)
38 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II —SEC. 3(i)]
DECLARATION BY APPELLANT
The appellant(s) above named hereby solemnly declare (s) that nothing material has been concealed
or suppressed and further declare(s) that the enclosures and typed set of material papers relied
upon and filed herewith are true copies of the original(s)/fair reproduction of the originals / true
translation thereof.
Verified at ________________on this at ____________day of ___________20---.
Counsel for Appellant (s)
APPELLANT(S)
Verification
I _____________________(Name of the appellant ) S/o. W/o. D/o. [ indicate any one, as the case
may be ] ___________ age_______________ working as _______________in the office of
_______________resident of _____________do hereby verify that the contents of the paras
_________ to ________________are true to my personal knowledge/derived from official record)
and para _______________to ___________are believed to be true on legal advice and that I have
not suppressed any material facts.
Date :
Place :
Signature of the appellant or authorized officer
FORM NCLAT-2
[See Rule 31]
INTERLOCUTORY APPLICATION
IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL
IA NO. ______OF 20
In
Appeal Petition No. ________of 20 .
CAUSE TITLE
Set out the Appeal No. _________________of 20
Appeal Petition short cause title
Set out the 1. Appeal No.____________20
Cause Title – Interlocutory Application
Petition for stay/direction/dispense with/condone delay/calling records
The applicant above named state/s as follows :
1. Set out the relief (s)
2. Brief facts
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3. Basis on which interim orders prayed for
4. Balance of convenience, if any :
(All interlocutory applications shall be supported by an affidavit sworn by the
Applicant/on its behalf and attested by a Notary Public).
DECLARATION
The applicant above named hereby solemnly declare that nothing material has been concealed or
suppressed and further declare that the enclosures and typed set of material papers relied upon and
filed herewith are true copies of the originals or fair reproduction of the originals or true translation
thereof.
Verified at_________dated at _______this day __________of _______20 .
Counsel for Applicant
Applicant
VERIFICATION
I __________________(Name of the applicant) S/o.W/o.D/o. (indicate any one, as the case may be )
___________age ____________working as __________ in the office of _______________resident of
_______________ do hereby verify that the contents of the paras _____________to
___________are true to my personal knowledge / derived from official record ) and para _________
to _______are believed to be true on legal advice and that I have not suppressed any material facts.
Date :
Place :
Signature of the Appellant/Petitioner or authorised officer
FORM NCLAT-3
[See Rule 59]
Pending/Disposed of
IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL
New Delhi
Application No. in of 20 _________
rd
Applicant/s/3 party/Appellant/Petitioner
vs
Respondent/s
40 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II —SEC. 3(i)]
Application for Inspection of Documents/Records under Rule 60
I hereby apply for grant of permission to inspect the documents/records in the above case. The
details are as follows :-
1. Name and address of the person seeking inspection: _____________________________
2. Whether he is a party to the case/his Legal Practitioner and if so, his rank therein. ----------------
3. Details of the papers/documents sought to be inspected…………….
4. Reasons for seeking the Inspection …………………………….
5. The date and duration of the inspection sought for ……………….
6. Whether fee is paid and if so, the mode of payment……………….
7. If a third party, whether a vakalat has been filed with Court Fee Stamp …………………
Verification:
I………………………….state that the above facts are true and correct.
Place :
Date : Applicant
Office Use :
Granted inspection for _____hours on __________/rejected.
Registrar
APTEL …….
Endorsement after inspection:
I…………, the applicant above named inspected the documents/records on ……….in the presence of
Mr……………………….between …………………..to ………..Hrs on .……….and inspection is
completed/concluded.
Dated …………..day……………20.
Applicant/authorised Representative
Form NCLAT-4
[See Rule 68]
IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL
______________BENCH
Appeal/Petition/ /No. of 20_________
Appellant/Applicant
vs
Respondent/s
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AFFIDAVIT
I, …………………………….aged…………………..years, son/daughter/wife of …………
……………………..(name and occupation of the deponent)……………………………….
residing at (Full address) ………………………………….do hereby swear in the name of God/solemnly affirm
and state as follows : Para. 1
Para. 2
Para. 3
………………………………………………..
Contents of Paragraphs Nos. ………………….are within my personal knowledge and contents of
Paragraphs Nos……………are based on information received by me which I believe the same to be
true (state the source of information wherever possible and the grounds for belief, if any ).
Place : Signature of the Deponent
Date : Name in Block Letters
No. of corrections on page nos.
Identified by : Before me
*…………………………………………………………………………………………………….
Sworn/solemnly affirmed before me on this the …………………..day of …200………….
Signature
(Name and Designation of the
Attesting Authority with Seal)
*To add endorsement in Form No. when necessary
FORM NCLAT-5
IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL
[See Rule 70]
Certification when deponent is unacquainted with the language of the affidavit or is blind or
illiterate.
Contents of the affidavit were truly and audibly read over/translated into ………...............language
known to the deponent and he seems to have understood the same and affixed his
LTI/Signature/Mark.
(Signature)
Name and designation with date.
42 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II —SEC. 3(i)]
Form NCLAT-6
[See Rule 74]
IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL
New Delhi
Appeal No……… OF 20…………
Between
………………….. ……………. Appellant/Petitioner
(By Legal Representative Shri………….)
and
…………………. Respondent/s
(By Legal Representative Shri …………)
Under Section 424 of the Companies Act, 2013 r/w corresponding power
vested under C.P.C.
Whereas the Tribunal suo motu or on consideration of the request made by Shri/ Smt/M/s
…………………..( Appellant) having been satisfied that production of the following documents or
records under your control or custody is necessary for proper decision of the above case, you are
hereby directed to cause production of the said documents/records before this Tribunal /forward
duly authenticated copies thereof on or before the …………………day of…..20………
(Enter description of documents requisitioned)
“By Order of Tribunal “
Registrar
Date :
FORM NCLAT-7
[See Rule 82]
IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL
NEW DELHI
Appeal/Petition No…………… of 20……………
Deposition of PW/RW
1. Name :
2. Father’s/Mother’s/Husband’s Name :
3. Age :
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4. Occupation :
5. Place of Residence and address :
6. Name of the Officer administering the
Oath / affirmation :
7. Name of the Interpreter if any, duly
Sworn/ solemnly affirmed :
Duly sworn/ solemnly/ affirmed
Examination-in-chief: By
Date:
…………………………………………………………………….
…………………………………………………………………….
Cross examination: By
……………………………………………………………………
……………………………………………………………………
Re-examination, if any:
……………………………………………………………………
(Signature of the witness on each page)
Statement of witness as recorded was read over/translated to the witness, who admitted it to be
correct.
Signature of the Member of the Appellate Tribunal with date
FORM NCLAT-8
[See Rule 84]
CERTIFICATE OF DISCHARGE
Certified that ……………………………………………appeared before this Appellate Tribunal as a witness/in/
No. …………………..of 20……, on behalf of the appellant or respondent as Court witness on this
……………day of ….20…… and that he was relieved at ………………….on…………………… He was paid/not
paid any T.A. and D.A. or allowance of Rs……………….
Date : Signature of the Registrar
(Seal of theTribunal)
44 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II —SEC. 3(i)]
FORM NCLAT -9
[See Rule 100]
IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL
REGISTER No. of No. of Name of the Date of Date of SLP Interim Final order Direction Steps Remarks
OF SLPs/ SLP/ the case Applicant/ dispatch receipt dismissed Direction In the appeal If any, for Taken for
APPEALS appeal appealed Respondent Of of allowed If any, with date compliance compliance
TO Before against records records with date with date by the
SUPREME the to SC from SC Tribunal
COURT Sl. Supreme
No Court
[F. No. 1/30/2013-CL-V]
AMARDEEP SINGH BHATIA, Jt. Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
