Rule 45 of National Company Law Tribunal (NCLT) Rules, 2016
Updated: Oct 4
Rule 45 pertains to Section 432 of the Companies Act, 2013, according to which: "A party to any proceeding or appeal before the Tribunal or the Appellate Tribunal, as the case may be, may either appear in person or authorize one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any other person to present his case before the Tribunal or the Appellate Tribunal, as the case may be."
It lays down the following rules regarding the rights of a party to appear before the Tribunal -
Every party may appear before a Tribunal either in person or through an authorized representative who has been lawfully authorized in writing to do so.
The authorized representative shall appear on behalf of the parties to the proceedings by filing a Vakalatnama or Memorandum of Appearance in Form No. NCLT. 12.
The Central Government, the Regional Director, the Registrar of Companies, or the Official Liquidator may appoint an officer or an advocate to represent them in Tribunal proceedings.
The officer appointed by the Central Government, the Regional Director, the Registrar of Companies, or the Official Liquidator must not hold a rank lower than that of a Junior Time Scale or a company prosecutor.
During any proceedings before the Tribunal, the Tribunal may, for its own information, direct that the Registrar of Companies submit information on the company's affairs based on information provided on the MCA21 portal. The reasons for such orders must be documented in writing.
The parties or their authorized representatives may not record the Bench proceedings on audio or video.