The Petition Format
Every petition to the NCLT must be in the prescribed form, verified by an affidavit, and accompanied by the prescribed documents and fee. The petition must state the facts, the grounds, the relief sought, and the jurisdiction of the Tribunal. A petition that omits a material fact or misstates the jurisdiction is vulnerable to dismissal at the admission stage.
The Service Requirements
Rule 23 of the NCLT Rules, 2016 governs service of notice. The petitioner must serve the notice on the respondent and on the other persons entitled to be heard, in the prescribed manner. Service by email is permitted where the rules allow it, but the petitioner must retain proof of service. A petition that is admitted without proper service is vulnerable to being set aside for violation of natural justice.
The Hearing Procedure
Rule 34 and the subsequent rules govern the hearing. The Tribunal may hear the parties in person or through authorised representatives, may require affidavits, may summon witnesses, and may direct the production of documents. The hearing is not a trial in the civil-court sense; it is an inquiry into the company’s affairs, and the Tribunal has the power to regulate its own procedure.
The Affidavit Evidence
The NCLT ordinarily decides interim applications and many final matters on affidavits. The deponent must disclose the source of the information and the grounds of belief. An affidavit that is vague, hearsay, or not properly verified is liable to be rejected. Cross-examination of the deponent may be permitted where the facts are seriously disputed.
The Refiling and Defect Curing
The registry may mark defects in the petition, and the petitioner must cure them within the prescribed time. A petition that is not refiled within the time may be treated as not filed. The petitioner should monitor the defect notice and respond promptly, because the limitation period may not be saved by a defective filing.
Call to Action: For NCLT petition drafting, service compliance, or defect-curing strategy, contact office@anujdesaiassociates.com or 9619456656. Website: https://anujdesaiassociates.com. LinkedIn: linkedin.com/in/ca-anuj-desai-122547230.