SECTION 421 APPEAL FROM ORDERS OF TRIBUNAL

#SECTION 421

#APPEAL

#45DAYS

#FORM1

#FORM2

#RULE19

#RULE20

#RULE21

#RULE22

#RULE23

#RULE24

#RULE25

#RULE26

#RULE27

#RULE28

#RULE29

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#NATIONALCOMPANYLAWTRIBUNAL

#COMPANYLAW

#NCLT

#NATIONALCOMPANYLAWTRIBUNAL

#NCLAT

#NATIONALCOMPANYLAWAPPELLATETRIBUNAL

1. Any person who is aggrieved by a Tribunal (National Company Law Tribunal- NCLT[1] is a quasi-judicial[2] body that is authorized to deal with the corporate disputes which are civil and arising under the Companies Act) order may file an appeal (Procedure for proceedings, Particulars to be set out in the address for service, Initialing Alteration, Presentation of request, Number of copies to be filed, Endorsement and verification, Translation of Document, Endorsement, and scrutiny of petition or appeal or document, Registration of proceedings admitted, Ex-parte amendments, Calling for records, Procedure of authorization for and on behalf of an association, Interlocutory Application, Procedure on the production of defaces, torn or damaged documents) with the Appellate Tribunal[3](National Company Law Appellate Tribunal- NCLAT[4]).

2. An order made by the NCLT with the parties' consent is not appealable to the NCLAT.

3. Every appeal under sub-section (1) must be lodged within 45 days of the day on which a copy of the NCLT's ruling is made available to the person aggrieved and must be filed in the form and with the fees prescribed:

Provided, however, that the Appellate Tribunal may entertain an appeal after the said period of forty-five days from the date aforesaid has expired, but within a further period of forty-five days, if the Appellate Tribunal is satisfied that the appellant was prevented from filing the appeal within that period by sufficient cause.

1. After providing the parties to the appeal a reasonable opportunity to be heard, the Appellate Tribunal shall pass such orders as it sees fit, confirming, modifying, or setting aside the order appealed against.

2. The Appellate Tribunal must transmit the Tribunal and the parties to the appeal a copy of every order it makes.

Any person who is aggrieved by a Tribunal order may appeal to the Appellate Tribunal. It is not possible to appeal a consent order. An appeal must be filed within 45 days of the day the aggrieved party receives a copy of the order. It must be submitted in the approved format and with the required fees. If there is sufficient cause to establish that the appellant was prohibited from filing the appeal promptly, an additional 45 days may be granted. The parties to the appeal must be given a reasonable chance to be heard. The Appellate Tribunal may then make whatever orders it sees fit, including affirming, amending, or reversing the ruling that was appealed against. A copy of every order has to be sent to parties to the appeal.

Rules for Appeal to Appellate Tribunal-

• Rule 19 Procedure for proceedings[5]

• Every appeal to the Appellate Tribunal must be typewritten or printed in double spacing on one side of standard paper with an inner margin of about four centimeters width on top and a right margin of 2.5 cm, and a left margin of 5 cm, duly paginated, indexed, and stitched together in paper book form, and must be fairly and legibly typewritten or printed in double spacing on one side of standard paper with an inner margin of about four centimeters width on top and a right margin of

• The cause title must include the words "In the National Company Law Appellate Tribunal" and the court proceedings or order of the authority being appealed.

• The appeal shall be broken into paragraphs, each of which shall be numbered sequentially and contain, as closely as possible, a single fact, accusation, or issue.

• Where Saka or other dates are used, Gregorian calendar dates must also be provided.

• Each party's full name, parentage, description, and address, as well as if a party sues or is sued in a representative capacity, shall be made forth at the outset of the appeal and need not be repeated in subsequent proceedings in the same appeal.

• The names of the parties shall be numbered consecutively, with a separate line allotted to each party's name and description. These numbers shall not be changed, and in the event of a party's death during the pendency of the appeal, his legal heirs or representative, as the case may be, shall be shown by sub numbers.

• When new parties are brought in, they may be assigned a number that corresponds to the category in which they are brought in.

• Immediately following the cause title, every proceeding must mention the provision of law under which it is preferred.