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Crafting Error-Free NCLT Petitions: Insights for Efficient Drafting and Acceptance

The National Company Law Tribunal (NCLT), a relatively recent judicial platform, shoulders the significant responsibility of adjudicating cases under the IBC, 2016, and Companies Act, 2013. Here, we delve into practical and legal insights for crafting meticulous petitions to ensure swift acceptance by the NCLT Registry and expeditious processing by the tribunal.


1. Choice of Paper: Despite the Supreme Court's allowance for A-4 size paper, it is advisable to draft all applications on legal paper.


2. Margins Matter: Tailor your margin settings, specifying an inner margin of 4 cm width on top, right margin of 2.5 cm, and left margin of 5 cm.


3. Heading Clarity: Begin with a clear heading: "Before the National Company Law Tribunal Bench at…(place)."


4. Referencing Case Numbers: Incorporate the relevant Case Number or specify COMPANY APPLICATION NO… OF 2023/ IA… for clarity.


5. Stating Relevant Sections: Explicitly mention the pertinent section and Act under which the application is filed.


6. Parties Involved: For instance, "In the matter of… XYZ LTD - Applicant vs ABC Ltd Respondent."


7. Precision in Liquidation Cases: When dealing with a company in liquidation, explicitly denote the name followed by "in liquidation."


8. Cause Title Consistency: Maintain uniformity in the Cause Title across various sections of the petition.


9. Importance of Index: Pay meticulous attention to the Index, ensuring a well-organized table format with columns for serial number, particulars, and page numbers. Update this progressively as you build the application.


10. Memo of Parties: Accurately list each party involved with comprehensive details like name, complete address (including PIN Code), mobile number, and email ID.


11. Chronological List of Events: Present events in chronological order, emphasizing their relevance and materiality to the filed application.


12. Synopsis Significance: Start with a concise background in the Synopsis, tracing the case's evolution from earlier events to the present application filing. Ensure compliance with requisite legal procedures and provide context, especially for Interlocutory Applications (IAs).


13. Constructing the Main Application: Detail the application's purpose under the relevant Section of the Act/Code, including essential information about the applicant, jurisdiction, limitations, and a clear narrative supported by relevant facts and legible annexures.


14. Grounds for Appeal: Articulate grounds persuasively, referencing specific laws, contextual situations (like Covid-19), precedents, and the need for natural justice.


15. Precise Prayer: Craft a clear and specific prayer section, explicitly stating the relief sought. Conclude with a general clause for any additional orders in the interest of justice.


16. Adherence to Affidavit Requirements: Ensure affidavits comply with necessary stamp paper values, contain the cause title, and bear signatures as required, especially for outstation residents. Notarize affidavits before submission.


17. Pagination Precision: Serially paginate all documents, applications, affidavits, and power of attorney meticulously and compile an index sheet accordingly.


18. Compliance with Prescribed Formats: Observe and adhere to prescribed formats under IBC and NCLT Rules for specific situations.



For any concerns, queries, or assistance in compliance, NCLT drafting, and related cases, feel free to reach out to us.

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