MCA Notifies NCLT (Amendment) Rules, 2017; New Rule 87A inserted for Appeal/ Application in Form NCLT 9 u/s 252(1) and 252(3)
MCA has notified the National Company Law Tribunal (NCLT) (Amendment) Rules, 2017 and a new NCLT Rule 87A has been inserted for procedure relating to appeal/ application (in Form NCLT 9) u/s 252(1) and 252(3) of the Companies Act, 2017, as under:
G.S.R.(E).- In exercise of the powers conferred by sub-section (1) and sub-section (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the National Company Law Tribunal Rules, 2016, namely:-
1. (1) These rules may be called the National Company Law Tribunal (Amendment) Rules, 2017. (2) They shall come into force on the date of their publication in the Official Gazette.
2. In the National Company Law Tribunal Rules, 2016, after rule 87, the following rule shall be inserted, namely:-
“87A. Appeal or application under sub-section (1) and sub-section (3) of section 252.-
(1) An appeal under sub-section (1) or an application under sub-section (3) of section 252, may be filed before the Tribunal in Form No. NCLT 9, with such modifications as may be necessary.
(2) A copy of the appeal or application, shall be served on the Registrar and on such other persons as the Tribunal may direct, not less than fourteen days before the date fixed for hearing of the appeal or application, as the case may be.
(3) Upon hearing the appeal or the application or any adjourned hearing thereof, the Tribunal may pass appropriate order, as it deems fit.
(4) Where the Tribunal makes an order restoring the name of a company in the register of companies, the order shall direct that-
(a) the appellant or applicant shall deliver a certified copy to the Registrar of Companies within thirty days from the date of the order;
(b) on such delivery, the Registrar of Companies do, in his official name and seal, publish the order in the Official Gazette;
(c) the appellant or applicant do pay to the Registrar of Companies his costs of, and occasioned by, the appeal or application, unless the Tribunal directs otherwise; and
(d) the company shall file pending financial statements and annual returns with the Registrar and comply with the requirements of the Companies Act, 2013 and rules made thereunder within such time as may be directed by the Tribunal.
(5) An application filed by the Registrar of Companies for restoration of name of a company in the register of companies under second proviso to sub-section (1) of section 252 shall be in Form No. NCLT 9 and upon hearing the application or any adjourned hearing thereof, the Tribunal may pass an appropriate order, as it deems fit.”.
Note:- The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide number G.S.R. 716(E), dated 21st July, 2016 and amended vide notification number G.S.R. 1159(E) dated the 20th December, 2016.