Key points to be kept in mind while filing petition/application under section 252(1) or section 252 (3) of the Companies Act, 2013 before the NCLT court
As we all knows that Central Government notified NCLT Rules, 2016 on 21st of July, 2016 through notification in the official gazette. The provisions specify the professionals i.e., Company Secretaries, Chartered Accountants and Advocates who can practice before the NCLT or NCLAT. As we the Company Secretaries are new to this field, most of us find it difficult to file application or petition for revival of company or any other document or appear before the NCLT as we are not much aware of the procedural aspects of the court.
Apart from general, an attempt has been made to understand the procedural aspects of filing petition/application before the NCLT. I have enumerated the key points to be kept in mind while going for revival of company before NCLT court.
(a). “Applicant” means a petitioner or an appellant or any other person or entity capable of making an application including an interlocutory application or a petition or an appeal under the Act;
(b). “filer” means an authorised representative of that person or any party to the proceedings who files any document with the Tribunal in relation to a case filed under the Act, or any rules thereunder;
(c). “Petition” means a petition or an application or an appeal or a complaint in pursuance of which any proceeding is commenced before the Tribunal;
(d). “Pleadings” means and includes application including interlocutory application, petition, appeal, revision, reply, rejoinder, statement, counter claim, additional statement supplementing the original application and reply statement under these rules and as may be permitted by the Tribunal;
(e). “Reference” means a reference within the meaning of rule 88 of these rules;
SITTING HOURS OF NCLT
The Court remains open on all working day from 9.30 A.M. to 6.00 P.M except on Saturdays, Sundays and other national holidays. However, it is just a myth and the bench may stand up before timings as stated above and may sit after 6 P.M. also. Filing Counter of the Registry remains open on all working days from 10.30 AM to 5.00 P.M. It is on the first floor of the building.
INSTITUTION OF PROCEEDINGS, PETITION, APPEALS ETC- SOME IMPORTANT SUGGESTIONS
NECESSARY DOCUMENTS TO BE ACCOMPANIED WITH THE APPEAL/PETITION UNDER SECTION 252 OF THE COMPANIES ACT, 2013:
1. Index of the appeal or petition;
2. Notice of admission;
3. Brief synopsis;
4. Important dates and Events;
5. Petition or application stating the grounds;
6. Every petition/application shall be verified by an affidavit in Form No. NCLT 6 and it shall be notarised on a stamp paper of 10 rupees;
7. The authorised representative e., Company Secretary, Chartered Accountant or Advocate 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, it shall be notarised on a stamp paper of 20/- rupees;
8. Certified true copy of Extract of resolution in favour of the Authorised Signatory/Authorised Representative;
9. Power of Attorney is must as suggested by the registry for us, it should be notarised on a stamp paper of 50/- rupees;
10. Master data of the company procured form MCA portal;
11. Audited financials of the company filing the application/petition for defaulted period;
12. Certificate of Incorporation, Memorandum and Article of Association of the company;
13. Notices of RoC issued to concerned company;
14. Demand draft of statutory fees;
15. Any other documents like ITR, VAT, GST return, bank statement or other documents which can prove that company was operational.
These are some of the suggestions which seems very little however, very important. Hope above article will be helpful for all professionals handling court matters or are in employment.
Author Praveen Singh is associated with RASU & Associate and have rich experience in Indirect taxation, corporate, commercial and IPR, labour law and other matters. Author can be reached at firstname.lastname@example.org.
RASU & Associate is a firm of Company Secretaries, Advocates and Chartered Accountants. The core areas of the firm’s practice are inter alia Indirect Taxation, Corporate, Commercial & Transactions, Regulatory & Compliance, and Intellectual Property Rights Laws etc. We provide both Advisory as well as Litigation Services in all the above areas. Our brief profile can be seen at the following Internet address www.rasu-cs.com.
Disclaimer: This article includes the NCLT Rules and personal experience. Procedure may change any time, hence you are advice to consult before going NCLT. No advice shall be made to anyone solely on the basis of present article and in no case the author or our firm i.e., Rasu & Associates shall be liable.
 We have restricted this article to only filing of application or petition for revival of company.