NCLAT Checklist for Appeals under Companies Act, 2013 & IBC, 2016

– Appeal stitched together in paper book form

– Language of appeal – English

– If in some other language – should be accompanied by a copy of translated version in English – Fairly and legible type

-written or printed – Double spacing

– On one side of legal size paper with inner margin of about 4 cm

– Width on top & right margin 2.5 cm.

– Left margin 5 cm.

– Duly paginated

– Cause Title to state “In the National Company Law Appellate Tribunal”

– Company Appeal (AT) No.___/2017 or Company Appeal (AT) (Insolvency) No.___/2017.

– State the provision(s) of law/ rule(s) under which appeal preferred.

– State Case No., date, Bench which passed the impugned order

– State full name, parentage and following details as prescribed under Rule 20:-

(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 particular necessary to identify the addressee such as fax number, mobile number and e-mail address.

-In case party sues or is being sued in a representative character, state the fact at the beginning of the appeal and need not be repeated in the remaining part of the appeal.

– If a company or companies are party to the appeal, the name and details of the person authorised to represent the company.

– The parties shall be numbered consecutively and a separate line should be allotted to the name and description of each party.

This number shall not be changed and in the event of death of a party during the pendency of the appeal, his legal heirs or representative(s) should be given sub-numbers. e.g. if Respondent No.3 dies & there are 4 legal heirs, they will be substituted as Respondent No.3(a), 3(b), 3(c) & 3(d).

– When fresh parties are brought in, they may be numbered consecutively.

– Appeal memo to contain synopsis and list of dates.

– To be divided into paragraphs and numbered consecutively.

– Each paragraph to contain as nearly as may be, a separate fact or allegation or point.

– Where saka or other dates are used, state also the corresponding dates of Gregorian calendar.

– Every interlineation, eraser or correction or deletion should be initialled by the party or his authorized representative.

– For every order challenged – ₹ 5,000/- to be paid by way of Demand Draft or Pay Order in favour of “Pay and Accounts Officer, Ministry of Corporate Affairs” payable at New Delhi.

– ₹ 1,000/- per application.

– When Appeal instituted by or on behalf of an association, the person signing or verifying the same to produce a true copy of the Resolution of the association empowering him to do so (Rule 30).

– Every Appeal to be accompanied by a certified copy of the impugned order(s) (not photocopy copy or typed copy). The order to be incorporated in the paper book immediately after the Appeal memo.

– All documents filed in the Appellate Tribunal to be accompanied by index in triplicate containing their details.

– Sufficient number of copies of Appeal or petition or application should be filed for service on the opposite parties (if not filed, it is required to be filed within a period as directed by the Hon’ble Appellate Tribunal).

– The required processing fee with required number of envelopes of sufficient size containing the address of the parties to be filed

– At the foot of every Appeal or pleading, there shall be the name and signature of the authorised representative (Rule 24).

– Every Appeal or pleadings to be signed and verified by the party concerned.

– Declaration and verification in Appeal to be as contained in Form NCLAT-1.

– Vakalatnama to be filed by Lawyer (Rule 64) with Court fee of ₹.3/- and Advocate Welfare stamp of ₹.10/- each.

– Chartered Accountants or Company Secretaries or Cost Accountants to submit memorandum of appearance {Rule 64(2)}.

– To be in Form NCLAT-2 along with affidavit (Rule 31).

– In cause title state I.A. No.___/2017 in Company Appeal (AT) ___/2017 or Company Appeal (AT) (Insolvency)___/2017.

– State the provision of law under which I.A. is filed.

– Title of affidavit to be – “Before the National Law Appellate Tribunal” followed by cause title of the application or the proceedings in which the affidavit is to be used (Rule 67).

– Affidavit to be in Form NCLAT-4 and to conform to Order XIX Rule 3 CPC (Rules 68).

– Affidavits of illiterate and visually challenged person to comply with Rule 70. – Identification of deponent and Annexures to affidavit to be in accordance with Rules 71 and 72.

(e.g. Extension of time for compliance under sub-rule (3) to rule 26) – Format same as in Interlocutory Application – No fee required