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Disposal of Cases

On receipt of an application, petition, appeal of the company etc, the Tribunal, after giving the parties a reasonable opportunity of being heard, pass such orders thereon as it thinks fit: Provided that the Tribunal, after considering an appeal, may summarily disposal the same, for reasons to be recorded, if the Tribunal is of opinion that there are no sufficient grounds for proceedings therewith.

Operative portion of the order

All orders or directions of the Bench shall be stated in clear and precise terms in the last paragraph of the order.

Corrections

Every Member of the Bench of company who has prepared the order shall initial all corrections and affix his initials at the bottom of each page.

Power to impose Costs

The Tribunal may, in its discretion, pass such order in respect of imposing costs on the defaulting party as it may deem fit.

Pronouncement of Order

(1) The Tribunal, after hearing the applicant and respondent of the company, shall make and pronounce an order either at once or, as soon as thereafter as may be practicable but not later than thirty days from the final hearing.

(2) Every order of the Tribunal shall be in writing and shall be signed and dated by the President or Member or Members constituting the Bench which heard the case and pronounced the order.

(3) A certified copy of every order passed by the Tribunal shall be given to the parties.

(4) The Tribunal may transmit order made by it to any court for enforcement, on application made by either of the parties to the order or suo motu.

(5) Every order or judgment or notice shall bear the seal of the Tribunal.

Pronouncement of order by any one member of the Bench

(1) Any Member of the Bench of the company may pronounce the order for and on behalf of the Bench.

(2) When an order is pronounced under this rule, the Court Master shall make a note in the order sheet, that the order of the Bench consisting of President and Members was pronounced in open court on behalf of the Bench.

Authorizing any member to pronounce order

(1) If the Members of the Bench who heard the case are not readily available or have ceased to be Members of the Tribunal, the President of the company may authorize any other Member to pronounce the order on his behalf after being satisfied that the order has been duly prepared and signed by all the Members who heard the case.

(2) The order pronounced by the Member so authorized shall be deemed to be duly pronounced.

(3) The Member so authorized for pronouncement of the order shall affix his signature in the order sheet of the case stating that he has pronounced the order as provided in this rule.

(4) If the order cannot be signed by reason of death, retirement or resignation or for any other reason by any one of the Members of the Bench who heard the case, it shall be deemed to have been released from part-heard and listed afresh for hearing.

Enlargement of time

Where any period is fixed by or under these rules, or granted by Tribunal for the doing of any act, or filing of any document or representation, the Tribunal may, in its discretion from time to time in the interest of justice and for reasons to be recorded, enlarge such period, even though the period fixed by or under these rules or granted by the Tribunal may have expired.

Rectification of Order          

(1) Any clerical or arithmetical mistakes in any order of the Tribunal or error therein arising from any accidental slip or omission may, at any time, be corrected by the Tribunal on its own motion or on application of any party by way of rectification in the company registration application.

(2) An application under sub-rule (1) may be made in Form No. NCLT.9 within two years from the date of the final order for rectification of the final order not being an interlocutory order.

General power to amend

The Tribunal may, within a period of thirty days from the date of completion of pleadings, and on such terms as to costs or otherwise, as it may think fit, amend any defect or error in any proceeding before it; and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding.

Making of entries by Court Master

Immediately on pronouncement of an order by the Bench, the Court Master shall make necessary endorsement on the case file regarding the date of such pronouncement, the nature of disposal and the constitution of the Bench pronouncing the order and he shall also make necessary entries in the court diary maintained by him.

Transmission of order by the Court Master

(1) The Court Master shall immediately on pronouncement of order, transmit the order with the case file to the Deputy Registrar.

(2) On receipt of the order from the Court Master, the Deputy Registrar shall after due scrutiny, satisfy himself that the provisions of these rules have been duly compiled with and in token thereof affix his initials with date on the outer cover of the order.

(3) The Deputy Registrar of the company registration shall thereafter cause to transmit the case file and the order to the Registry for taking steps to prepare copies and their communication to the parties.

Format of order

(1) All orders shall be neatly and fairly typewritten in double space on one side only on durable foolscap folio paper of metric A-4 size (30.5 cm long and 21.5 cm wide) with left side margin of 5 cm and right side margin of 2.5 cm. Corrections, if any, in the order shall be carried out neatly and sufficient space may be left both at the bottom and at the top of each page of the order to make its appearance elegant.

(2) Members constituting the Bench shall affix their signatures in the order of their seniority from right to left.

Indexing of case files after disposal

After communication of the order to the parties or legal practitioners, the official concerned shall arrange the records with pagination and prepare in the Index Sheet in Form no. to be prescribed by the Tribunal. He shall affix initials and then transmit the records with the Index initials to the records room.

Transmission of files or records or orders

Transmission of files or records of the cases or orders shall be made only after obtaining acknowledgement in the movement register of the company registration maintained at different sections or levels as per the directions of the Registrar.

Filing of Order of Tribunal with the Registrar of Companies

The certified copy of the order passed by the Tribunal shall be filed by the company in Form INC-28 along with fee of Rupees five hundred with the Registrar of Companies within the time specified in the Act or specified by the Tribunal. Where no time limit is prescribed by the Tribunal, such order shall be filed within thirty days from the date of receipt of certified copy of the order.

Copies of orders in library

1) The officer in charge of the Registry shall send copies of every final order to the library of the Tribunal.

2) Copies of all orders received in each month shall be kept at the library in a separate folder, arranged in the order of date of pronouncement, duly indexed and stitched.

(3) At the end of every year, a consolidated index shall also be prepared and kept in a separate file in the library.

(4) The order folders and the indices may be made available for reference in the library to the legal practitioners.