Rule 125Chapter 45
Title of affidavits
Every affidavit shall be titled as ‘Before the National Company Law Tribunal.’ followed by the cause title of the appeal or application or other proceeding in which the affidavit is sought to be used.
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- ¶Chapter 45 overview
- 1Short title and Commencement
- 2Definitions
- 3Computation of time period
- 4Forms
- 5Format of order or direction or rule
- 6Official seal of the Tribunal
- 7Custody of the records
- 8Sitting of the Tribunal
- 9Sitting hours
- 10Working hours
- 11Inherent Powers
- 12Calendar
- 13Listing of cases
- 14Power to exempt
- 15Power to extend time
- 16Functions of the President
- 17Functions of the Registrar
- 18Functions of the Secretary
- 19Delegation of powers by the President
- 20Procedure
- 21Particulars to be set out in the address for service
- 22Initialling alteration
- 23Presentation of petition or appeal
- 24Number of copies to be filed
- 25Lodging of caveat
- 26Endorsement and Verification
- 27Translation of document
- 28Endorsement and scrutiny of petition or appeal or document
- 29Registration of proceedings admitted
- 30Calling for records
- 31Production of authorisation for and on behalf of an association
- 32Interlocutory applications
- 33Procedure on production of defaced, torn or damaged documents
- 34General Procedure
- 35Advertisement detailing petition
- 36Maintenance of Cash Register
- 37Notice to Opposite Party
- 38Service of Notices and processes
- 39Production of Evidence by Affidavit
- 40Production of additional evidence before the Bench
- 41Filing of Reply and other Documents by the Respondents
- 42Filing of Rejoinder
- 43Power of the Bench to call for further information or evidence
- 44Hearing of petition or applications
- 45Rights of a party to appear before the Tribunal
- 46Registration of authorised representative’s interns
- 47Oath to the witness
- 48Consequence of non-appearance of applicant
- 49Ex-parte Hearing and disposal
- 50Registry to send certified copy
- 51Power to regulate the procedure
- 52Summoning of witnesses and recording Evidence
- 53Substitution of legal representatives
- 54Assessors or valuers
- 55Pleadings before the Tribunal
- 56Application for execution
- 57Issue of process of execution
- 58Effect of non-compliance
- 59Procedure for imposition of penalty under the Act
- 60Matters relating to the Judgments or Orders of the Tribunal
- 61Amicus Curiae
- 62Recusal
- 63Presentation and scrutiny of petitions or applications
- 64Matter earlier dealt by Company Law Board
- 65Petition or Application under sub-section (2) of section 45QA of the Reserve Bank of India Act, 1934 (2 of 1934)
- 66Application under sub- section (7) of section 7
- 67Petition under sub-section (41) of section 2
- 68Petition under section 14
- 69Petition under sub-section (3) of section 55
- 70Appeal under sections 58 and 59
- 71Application under proviso to clause (b) of sub-section (1) of section 61
- 72Appeal against the order of the Government under Section 62(4)
- 73Application under sections 71(9), 71(10), section 73(4) or section 74(2) and 76(2)
- 74Application for calling or obtaining a direction to call annual general meeting
- 75Application for obtaining an order for calling of general meeting (other than Annual General Meeting)
- 76Inspection of minute-books of general meeting
- 77Application under section 131
- 78Application under Section 140
- 79Application under section 169
- 80Application under section 213 for investigation
- 81Application under section 241
- 82Withdrawal of Application filed under section 241
- 83Application under section 243
- 84Right to apply under section 245
- 85Conducting a class action suit
- 86Rule of opt-out
- 87Publication of notice
- 87AAppeal or application under sub-section (1) and sub-section (3) of section 252
- 88Reference to the Tribunal
- 89Preparation and publication of daily cause list
- 90Carry forward of cause list and adjournment of cases on account of non sitting of a Bench
- 91Diaries
- 92Order sheet
- 93Maintenance of court diary
- 94Statutes or citations for reference
- 95Calling of cases in court
- 96Regulation of court work
- 97Registers to be maintained
- 98Arrangement of records in pending matters
- 99Contents of main file
- 100Contents of process file
- 101Execution file
- 102File for miscellaneous applications
- 103Preservation of Record
- 104Retention, Preservation and Destruction of Records
- 105Issue of notice
- 106Summons
- 107Steps for issue of fresh notice
- 108Consequence of failure to take steps for issue of fresh notice
- 109Entries regarding service of notice or process
- 110Default of appearance of respondent and consequences
- 111Filing of objections by respondent, form and consequences
- 112Fees
- 113Award of costs in the proceedings
- 114Inspection of the records
- 115Grant of inspection
- 116Application for grant of inspection
- 117Mode of inspection
- 118Maintenance of register of inspection
- 119Appearance of authorised representative
- 120Consent for engaging another legal practitioner
- 121Restrictions on appearance
- 122Restriction on party’s right to be heard
- 123Empanelment of special authorised representatives by the Tribunal
- 124Professional dress for the authorised representatives
- 125Title of affidavits
- 126Form and contents of the affidavit
- 127Persons authorised to attest
- 128Affidavits of illiterate, visually challenged persons
- 129Identification of deponent
- 130Annexures to the affidavit
- 131Application for production of documents, form of summons
- 132Suo motu summoning of documents
- 133Marking of documents
- 134Return and transmission of documents
- 135Procedure for examination of witnesses, issue of Commissions
- 136Examination in camera
- 137Form of oath or affirmation to witness
- 138Form of oath or affirmation to interpreter
- 139Officer to administer oath
- 140Form recording of deposition
- 141Numbering of witnesses
- 142Grant of discharge certificate
- 143Witness allowance payable
- 144Records to be furnished to the Commissioner
- 145Taking of specimen handwriting, signature etc
- 146Disposal of Cases
- 147Operative portion of the order
- 148Corrections
- 149Power to impose Costs
- 150Pronouncement of Order
- 151Pronouncement of order by any one member of the Bench
- 152Authorising any member to pronounce order
- 153Enlargement of time
- 154Rectification of Order
- 155General power to amend
- 156Making of entries by Court Master
- 157Transmission of order by the Court Master
- 158Format of order
- 159Indexing of case files after disposal
- 160Transmission of files or records or orders
- 161Filing of Order of the Tribunal with the Registrar of Companies
- 162Copies of orders in library
- 163Register of Appeals, Petitions, etc
- 164Placing of National Company Law Appellate Tribunal orders before Tribunal
- 165Registrar to ensure compliance of National Company Law Appellate Tribunal orders
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