Hearing of petition or applications The Tribunal shall notify to the parties the date and place of hearing of the petition or application in such manner as the President or a Member may, by general or special order, direct. Where at any stage prior to the hearing of the petition or application, the applicant desires to withdraw petition on application, he shall make an application to that effect to the Tribunal, and the Tribunal on hearing the applicant and if necessary, such other party arrayed as opposite parties in the petition or the application or otherwise, may permit such withdrawal upon imposing such costs as it may deem tit and proper for the Tribunal in the interests of the justice. Rights of a party to appear before the Tribunal
Every party may appear before a Tribunal in person or through an authorized representative, duly authorized in writing in this behalf. The authorized representative 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. The Central Government, the Regional Director or the Registrar of Companies or Official Liquidator may authorize an officer or an Advocate to represent in the proceedings before the Tribunal; The officer authorized by the Central Government or the Regional Director or the Registrar of Companies or the Official Liquidator shall be an officer not below the rank of Junior Time Scale or company prosecutor. During any proceedings before the Tribunal, it may for the purpose of its knowledge, call upon the Registrar of Companies to submit information on the affairs of the company on the basis of information available in the MCA21 portal. Reasons for such directions shall be recorded in writing. There shall be no audio or video recording of the Bench proceedings by the parties or their authorized representatives. Registration of authorized representative’s interns No intern employed by an authorized representative shall act as such before the Tribunal or be permitted to have access to the records and obtain copies of the orders of a Bench of the Tribunal in which the authorized representative ordinarily appears, unless his name is entered in the register of interns maintained by the Bench. An authorized representative desirous of registering his intern or company shall make a petition or an application to the Registrar in Form NCLT 10 and on such application being allowed by the Registrar, his name shall be entered in the register of interns. Oath to the witness The Bench Officer or the Court Officer, as the case may be, shall administer the following oath to a witness:- “I do swear in the name of God / solemnly affirm that what I shall state shall be the truth and nothing but the truth”. Consequence of non-appearance of applicant Where on the date fixed for hearing of the petition or application or on any other date to which such hearing may be adjourned, the applicant does not appear when the petition or the application is called for hearing, the Tribunal may, in its discretion, either dismiss the application for default or hear and decide it on merit. Where the petition or application of the company has been dismissed for default and the applicant files an application within thirty days from the date of dismissal and satisfies the Tribunal that there was sufficient cause for his non-appearance when the petition or the application was called for hearing, the Tribunal shall make an order restoring the same: Provided that where the case was disposed of on merits the decision shall not be reopened. Ex-parte Hearing and disposal Where on the date fixed for hearing the petition or application or on any other date to which such hearing may be adjourned, the applicant appears and the respondent does not appear when the petition or the application is called for hearing. The Tribunal may adjourn the hearing or hear and decide the petition or application ex-parte. Where a petition or an application has been heard ex-party against a respondent or respondents, such respondent or respondents may apply to the Tribunal for an order to set it aside and if such respondent or respondents satisfies the Tribunal that the notice was not duly served, or that he or they were prevented by any sufficient cause from appearing (when the petition or the application was called) for hearing. The Tribunal may make an order setting aside the ex-parte hearing as against him or them upon such terms as it thinks fit. Provided that where the ex-parte hearing of the petition or application is of such nature that it cannot be set aside as against one respondent only, it may be set aside as against all or any of the other respondents also. Registry to send certified copy The Registry shall send a certified copy of final order passed to the parties concerned free of cost and the certified copies may be made available with cost as per Schedule of fees, in all other cases. Power to regulate the procedure The Tribunal may regulate its own procedure in accordance with the rules of natural justice and equity, for the purpose of discharging its functions under the Act. Summoning of witnesses and recording Evidence
If a petition or an application is presented by any party to the proceedings for summoning of witnesses, the Tribunal shall issue summons for the appearance of such witnesses unless it considers that their appearance is not necessary for the just decision of the case. Where summons are issued by the Tribunal under sub-rule (1) to any witness to give evidence or to produce any document, the one person company registration in Madurai so summoned shall be entitled to such travelling and daily allowance sufficient to defray the travelling and other expenses as may be determined by the Registrar which shall be deposited by the party as decided by the Registrar. Substitution of legal representatives Where a party to a proceeding pending before a Bench dies or is adjudged insolvent or, in the case of a private limited company registration in Madurai, being wound up, the proceeding shall not abate and may be continued by or against the executor, administrator or other legal representative of the parties or by or against the assignee, receiver or liquidator, as the case may be. In the case of death of a party during the pendency of the proceedings before the Tribunal, the legal representative of the deceased party may apply within ninety days of the date of such death for being brought on record. Where no petition or application is received from the legal representatives within the period specified in sub-rule (2), the proceedings shall abate: Provided that for good and sufficient reasons shown, the Tribunal may allow substitution of the legal representatives of the deceased at any time before disposing the petition on merits. Assessors or valuers In any enquiry into a claim, the Tribunal may call in the aid of assessor or valuer, not exceeding two in number, who possess any technical or special knowledge with respect to any matter before the Tribunal for the purpose of assisting the Tribunal. An assessor or valuer shall perform such functions as the Tribunal may direct. The remuneration, if any, to be paid to an assessor or valuer shall in every case be determined by the Tribunal and be paid by it in the manner as may be specified by the Tribunal. Pleadings before the Tribunal No pleadings, subsequent to the reply, shall be presented except by the leave of the Tribunal upon such terms as the Tribunal may think fit. Application for execution For execution of order passed by the Tribunal, the holder of an order shall make an application to the Tribunal in Form NCLT.8.
