Provisions of Appeal before NCLAT.

                                  
Any person who is aggrieved by the order of National Company Law Tribunal can file an Appeal before the NCLAT

First of all we have to understand the power and jurisdictions of NCLT before institutions of Appeal in NCLAT;

• Almost of the powers of the Company Law Board under the Companies Act, 1956/2013.

• All the powers of BIFR for revival and rehabilitation of sick industrial companies;

• Power of High Court in the matters of mergers, demergers, amalgamations, winding up, etc.;

• Power to order repayment of deposits accepted by Non-Banking Financial Companies

• Power to wind up companies;

• Power to Review its own orders.



NOW: PROCEDURE

                                                   Institution of Appeals – Procedure

Every appeal to the Appellate Tribunal shall be in English and where it is in some other language, a copy of English Translation of appeals shall be attached and;

Fairly and legibly type – written or printed in double spacing on one side of standard paper with an inner margin of about four centimetres, width on top and with a right margin of 2.5 CM, duly paginated and indexed.

Appeal shall be divided into paragraph and shall be numbered consecutively and each paragraph shall contain as nearly as may be, a separate fact or allegation or point.

Full name, parentage, description of each party and address and in case a party sue or being sued in a representative character, shall also be set out at the beginning of the appeal and need not be repeated in subsequent proceedings in the same appeal.

                                                       Manner of Presentation of Appeals

Any person who is aggrieved by the order of National Company Law Tribunal can file an Appeal before the NCLAT in Form No. – NCLAT – 1 in triplicate by the appellant / petitioner / respondent, as the case may be, in person or by his AR with fees of Rs. 5000/- (Five Thousands) Points should be kept in mind while filing of an Appeal;

Every appeal shall be accompanied by a certified copy of the impugned order.

 All documents filed in the Appellate Tribunal shall be accompanied by an index in triplicate containing their details and the amount of fee paid thereon.

 Sufficient number of copies of the appeal or petition or application shall also be filed for service on the opposite party as prescribed.

 In the pending matters, all other applications shall be presented after serving copy thereof in advance on the opposite side or his advocate or AR.

 The processing fee prescribed by the rules, with required number of envelopes of sufficient size and notice forms as prescribed shall be filed along with Memorandum of Appeal.

Endorsement and verifications;

At the foot of the every appeal or pleading there shall appear the name and signature of the AR and every appeal or pleading shall be signed and verified by the party concerned in the manner provided by the rules.

Endorsement and scrutiny of petition or appeal or document;

 The person in charge of the filing counter shall immediately on receipt of appeal or documents affix the date and stamp of the Appellate Tribunal thereon and also on the additional copies of the index and return the acknowledgement to the party and he shall also affix his initials on the stamped affixed on the first page of the copies and enter the particulars of the all such documents in the register after duly filing and assign a diary number which shall be entered below the date stamp and thereafter cause it to be sent for scrutiny.

 If on scrutiny, the appeal or document is found to be defective, such document shall, after notice to the party be returned for compliance and if there is failure to comply within seven days from the date of return, the same shall be placed before the registrar who may pass appropriate order.

 The registrar may for sufficient cause return the said documents for ratification or amendments to the party filing the same.

 Where party fails to take any step for the removal of the defect within the time fixed for the same, the registrar may, for reasons to be recorded in writing, decline to register the appeal or pleading or document.

Production of authorisation for and on behalf of an association;

Where an appeal purported to be instituted by or on behalf of association, the person who sign or verify the same shall produce along with such appeal, for verification by the registry, a true copy of the resolution of the association empowering such person to do so.

Provided that registrar may at any time call upon the party to produce such further materials as he deemed fit for satisfying himself about due authorisation:

Provided further that it shall set out the list of members for whose benefit the proceeding are instituted.

FEE

SCHEDULE OF FEES
Sr No.	Section of Companies Act, 2013 / Rules	Nature of Appeal	Fees (in Rs)
1	Section 218(3)	Protection of Employee during investigation	1000/-
2	Section 421(1)	Appeals to National Company Law Appellate Tribunal	5000/-

FORMS

Sr. N	Forms	Descriptions
1	NCLAT - 1	Memorandum of appeal preferred under section 421 of the Companies Act, 2013
2	NCLAT - 2	Interlocutory Applications; Every interlocutory application for stay, direction, condonation of delay, exemption from production of copy of order appalled against or extension of time prayed for in pending matter shall be in FORM NCLAT – 2 and the requirement prescribed in that behalf shall be complied with by the applicant, besides filing an affidavit supporting the applications.
3	NCLAT - 3	Application for Grant of Inspection; Application for inspection of record under rule 58 shall be in the Form NCLAT – 3 and presented at the filing counter of the registry between 10:30 AM and 3:00 PM on any working day and two days before the date on which inspection is sought, unless otherwise permitted by the Registrar.
4	NCLAT - 4	Form and contents of the affidavit; The affidavit as per Form NCLAT – 4 shall conform to the requirements of order XIX, Rule 3 of Civil Procedure Code, 1908
5	NCLAT - 5	Affidavit of illiterate, visually Challenged Person; Where an affidavit sworn or affirmed by any person who appear to be illiterate, visually challenged or unacquainted with the language in which the affidavit is written shall be in Form NCLAT – 5, the attestor shall certify that the affidavit was read, explained or translated by him or in his presence to the deponent and that he seemed to understand it, and made his signature or mark in the presence of attestor.
6	NCLAT - 6	Suo motu summoning of documents; Notwithstanding any thing contained in this rule, the appellate tribunal may, suo motu, issue summons for production of public documents or other documents in the custody of a public offer in form NCLAT - 6
7	NCLAT - 7	Recording of Deposition
8	NCLAT - 8	Grant of Discharge certificate
9	NCLAT - 9	Register of SLP/Appeal