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National Company Law Appellate Tribunal Rules, 2016
July, 27th 2016
{To be published in the Gazette of India, Extraordinary, Part ll, Section 3, sub-section

                               MINISTRY OF CORPORATE AFFAIRS

                                                                   New Delhi,   )   lst   .luty   zoto
       G.S.R.......(E).- ln exercise of the powers conferred by section 469 of the Companies

Act, 2013 (18 of 2013), the Central Government hereby makes the following rures,

L. Short   title and commencement,- (l)These rules may be called the National Company
Law Appellate Tribunal Rules, 20L6.

(2)They shall come into force on the date of their publication in the Official Gazette.

                                           Chapter   -   |

                                     Definitions, forms etc.
2. Definitions.- In these rules, unless the context otherwise requires,-

       (a) "Act" means the Companies Act, 201.3 (18 of 2013);

       (b) "advocate" means a person who is entitled to practise the profession of law

       under the Advocates Act, 1961 (25 of 1961);
       (c) 'Appeal" means an appeal preferred under sub-section (j.) of section 421 of
      the Act;
      (d) "authorised representative" means a person authorised in writing by a party
      to present his case before the Appellate Tribunal        as provided under section 432        of
      the Act;
      (e)   "form" means   a   form set forth in Annexure 'A'to these rules.
      (f)    "interlocutory application" means an application in any appeal alreaoy
      instituted in the Appellate Tribunal, but not being a proceeding for execution of
      the order or direction of the Appellate Tribunal;

           (g) "party" means a person who prefers an appeal before the Appellate Tribunal
           and includes respondent of any person interested in the appeal;

           (h) "Registra/' means the Registrar of the Appellate Tribunal;
           (i) "section"   means a section   ofthe Act;
           (j) All other words and expressions used in these rules but not defined herein and
           defined in the Act and National Company Law Tribunal Rules, 2016 shall have the

           meanings respectively assigned to them in the Act and in the said rules.

    3. Computatlon of tlme perlod.- Where a period is prescribed by the Act and
    these rules or under any other law or is hxed by the Appellate Tribunal for doing
    any act, in computing the time, the day from which the said period is to be
    reckoned shall be excluded, and if the last day expires on a day when the office
    of the Appellate Tribunal is closed, that day and any succeeding day on which
    the Appellate Tribunal remains closed shall also be excluded

    4. Forms.- The forms prescribed by these rules with such modifications or variations as

    the circumstances of each case may require shall be used for the purpose mentioneo


    5. Format of order or direction or rule.- every rule, direction, order, summons, warrant

    or other mandatory process shall be issued in the name of the Chairperson and shall be
    signed by the Registrar or any other officer specifically authorised in that behalf by the

    Chairperson, with the day, month and year of signing and shall be sealed with the official

    seal of the Appellate Tribunat.

    6. Official seal of the Appellate Tribunal.- The official seal and emblem of the Appellate

    Tribunal shall be such, as the Central Government may from time to time specify and shall

    be in the custody of the Registrar.
7. Custody of the records.- The Registrar shall have the custody of the records of the

Appellate Tribunal and no record or document filed in any cause or matter shall be
allowed to be taken out of the custody of the Appellate Tribunal without the leave of the

Appellate Tribunal.

       Provided that the Registrar may allow any other officer of the Appellate Tribunal

to remove any official paper or record for administrative purposes from the Appellate

8.     Sitting of Appellate Tribunal.- The Appellate Tribunal shall hold its sitting at its
headquarters in New Delhi.

9. Sitting hours of the Appellate Tribunal.- The sitting hours of the Appellate Tribunal

shall ordinarily be from 09.30 AM. to 0l-.00 P.M. and from 2.15 p.M. to 5.OO p.M. subject

to any order made by the Chairperson and this shall not prevent the Appellate Tribunal
to extend its sitting as it deems fit.

10. Working hours of office.- (L) The office of the Appellate Tribunal shall remain open

on all working days from 09:30 A.M. to 6.00 P.M.

(2) The filing counter of the Registry shall be open on all working days from 10.30 AM to

5.00 P.M.

11. Inherent powers.- Noting in these rules shall be deemed to limit or otherwise affect
the inherent powers of the Appellate Tribunal to make such orders or give such directions

as may be necessary    for meeting the ends ofjustice or to prevent abuse of the process of
the Appellate Tribunal.
L2. Calendar.- The Calendar of days of working of Appellate Tribunal in a year shall be as

decided by the Chairperson and Members of the Appellate Tribunal.

13. Listing of cases.- All urgent matters filed before 12 noon shall be listed before the

Appellate Tribunal on the following working day,          if it is complete in all respects   as

provided in these rules and in exceptional cases, it may be received after       L2 noon but
before 3.00 P.M. for listing on the following day, with the specific permission of the
Appellate Tribunal or Chairperson.

14. Power   to exempt.-       The Appellate Tribunal may on sufficient cause being shown,
exempt the parties from compliance with any requirement of these rules and may give

such directions        in matters of practice and procedure, as it may consider just      and

expedient on the application moved in this behalf to render substantial justice.

15. Power to extend time.- The Appellate Tribunal may extend the time appointed by

these rules or fixed by any order, for doing any act or taking any proceeding, upon such

terms, if any,   as   the justice of the case may require, and any enlargement may be ordereo,

although the application therefore is not made until after the expiration of the time
appointed or allowed.

                                              Part - ll

                                      Powers of the Registrar

15. Powers and functions of the Registrar.- The Registrar shall have the following powers

and fu nctions, namely:-

       (a) registration of appeals, petitions and applications;

       (b) receive applications for amendment of appeal or the petition or application or

           subsequent proceedings.
       (c) receive applications for fresh summons or notices and regarding services


       (d) receive applications for fresh summons or notice and for short date summons

          and notices;

       (e) receive applications for substituted service of summons or notices;

       (f) receive applications for seeking orders concerning the admission            and
          inspection of documents;
       (g) transmission of a direction or order to the civil court as directed by Appellate

          Tribunal with the prescribed certificate for execution etc; and
       (h) such other incidental or matters as the Chairperson may direct from time to


17.   Power of adjournment.- All adjournments shall normally be sought
before the concerned Bench in court and in extraordinary circumstances, the
Registrar may,    if   so directed by the Tribunal       in chambers, at any time adjourn
arty matter and lay the same before the Tribunal in chambers.

18. Delegation powers ofthe Chairperson.- The Chairperson may assign or delegate to a

Deputy Registrar or to any other suitable officer all or some of the functions required by

these rules to be exercised by the Registrar.

                                          Part -   lll
                             Institution of appeals - Procedure.
19. Procedure for proceedings, -(1) Every appeal to the Appellate Tribunal shall be in

English and in case it is in some other Indian language, it shall be accompanied by a copy

translated in English and shall be fairly and legibly type-written or printed in double
spacing on one side of standard paper with an inner margin of about four centimeters
width on top and with a right margin of 2.5 cm, and left margin of 5 cm, duly paginated,
indexed and stitched together in paper book form.

(2) The cause title shall state "ln the National Company Law Appellate Tribunal" and also

set out the proceedings or order   ofthe authority against which it is preferred.
(3) Appeal sh all be divided into paragraphs and shall be numbered consecutively and each

paragraph shall contain as nearly as may be, a separate fact or allegation or point.

(4) Where Sako or other dates are used, corresponding dates of Gregorian calendar shall

also be given.

(5) Full name, parentage, description of each party and address and in case a party sue or

being sued in a representative character, shall also be set out at the beginning of the

appeal and need not be repeated in the subsequent proceedings in the same appeal.

(6) The names of parties shall be numbered consecutively and a separate line should be

allotted to the name and description of each party and these numbers shall not be
changed and in the event of the death of a party during the pendency of the appeal, his

legal heirs or representative, as the case may be, if more than one shall be shown by suo-


(7)   Where fresh parties are brought in, they may be numbered consecutivelv in the
particular category, in which they are brought in.

(8) Every proceeding shall state immediately after the cause title and the provision of law

under which it is oreferred.

20. Particulars to be set out in the address for service.- The address for service of
summons shall be filed with every appeal on behalf of a party and shall as far as possible

contain the following items namely:-
       (o/ the name of the road, street, lane and Municipal Division or Ward, Municipal

        Door and other number of the house:

       (b) the name of the town or village;
          (c)   the post office, postal district and PIN Code; and
          (d) any other particular necessary to identify the addressee such as fax number,

          mobile number and e-mail address, if any.

2l-. Initialling alteration.- Every interlineation, eraser or correction or deletion in anv
appeal shall be initialled by the party or his authorised representative.

22. Presentation of appeal.- (L) Every appeal shall be presented in Form NCIAT-I in
triplicate by the appellant or petitioner or applicant or respondent,   as   the case may be, in
person     or by his duly authorised representative duly appointed in this behalf in the
prescribed form with stipulated fee at the filing counter and non-compliance of this may

constitute      a   valid ground to refuse to entertain the same.
(2) Every appeal shall be accompanied by a certified copy of the impugned order.

(3) All documents filed in the Appellate Tribunal shall be accompanied by an index in

triplicate containing their details and the amount of fee paid thereon.
(4) Sufficient number of copies of the appeal or petition or application shall also be filed

for service on the opposite party as prescribed.
(5) In the pending matters, all other applications shall be presented after serving copies

thereof in advance on the opposite side or his advocate or authorised representative.
(6) The processing fee prescribed by the rules, with required number of envelopes of

sufficient size and notice forms as prescribed shall be filled along with memorandum of

23. Number of copies to be filed.- The appellant or petitioner or applicant or respondent

shall file three authenticated copies of appeal or counter or objections, as the case may

be, and shall deliver one copy to each of the opposite party.
24. Endorsement and verification.- At the foot of every appeal or pleading there shall

appear the name and signature of the authorised representative and every appeal or
pleadings shall be signed and verified by the party concerned in the manner provided by

these rules.

25. Translation of document.- (1) A document other than English language intended to

be used in any proceeding before the Appellate Tribunal shall be received by the Registry

accompanied by a copy in English, which is agreed to by both the parties or certified to

be a true translated copy by the authorised representative engaged on behalf of parties

in the case.

(2) The Registrar may order translation, certification and authentication by a person
approved by him for the purpose on payment of such fee to the person, as specified by

the Chairperson.
(3) Appeal or other proceeding shall not be set down for hearing until and unless all

parties confirm that all the documents filed on which they intend to rely are in English or

have been translated into English and required number of copies are        filed with   the
Appellate Tribunal.

26. Endorsement and scrutiny of petition or appeal or document.-(1) The person in
charge of the filing-counter shall immediately on receipt of appeal or document affix the

date and stamp of the Appellate Tribunal thereon and also on the additional copies of the

index and return the acknowledgement to the party and he shall also affix his initials on

the stamp affixed on the first page of the copies and enter the particulars of all sucn
documents in the register after daily filing and assign a diary number which shall be
entered below the date stamp and thereafter cause it to be sent for scrutiny.
(2) lf, on scrutiny, the appeal or document is found to be defective, such document shall,

after notice to the party, be returned for compliance and if there is a failure to comply
within seven days from the date of return, the same shall be placed before the Registrar
who may pass appropriate orders.
(3) The Registrar may for sufficient cause return the said document for rectification or

amendment to the party filing the same, and for this purpose may allow to the party

concerned such reasonable time as he may consider necessary or extend the time for


(4) Where the party fails to take any step for the removal of the defect within the time

fixed for the same, the Registrar may, for reasons to be recorded in writing, decline to

register the appeal or pleading or document.

27. Registration of proceedings admitted.- On admission of appeal, the same shall be

numbered and registered in the appropriate register maintained in this behalf and its

number shall be entered therein.

28. Ex-porte amendments.- ln every appeal or application, arithmetical, grammatical,
clerical and such other errors may be rectified on the orders of the Registrar without

notice to Parties.

29. Calling for records.- On the admission of appeal, the Registrar shall, if so directed by

the Appellate Tribunal, call for the records relating to the proceedings from the respective

Bench of Tribunal or adjudicating authority and retransmit the same at the conclusion of

the proceedings or at any time.

30. Production of authorisation for and on behalf of an association.- Where an appeal

purported to be instituted by or on behalf of an association, the person who signs or
verifies the same shall produce along with such appeal, for verification by the Registry, a

true copy of the resolution of the association empowering such person to do so:
      Provided that the Registrar may at any time call upon the party to produce such
further materials   as he deems   fit for satisfying himself about due authorization:

      Provided further that    it shall set out the list of members for whose benefit the
proceedings are instituted.

31. Interlocutory applacations.- Every interlocutory application for stay, direction,
condonation of delay, exemption from production of copy of order appealed against or

extension of time prayed for in pending matters shall be in Form NCLAT-2 and the
requirements prescribed in that behalf shall be complied with by the applicant, besides

filing a affidavit supporting the application.

32. Procedure on production of defaced, torn o. damaged documents.- When                              a

document produced along with any pleading appears to be defaced, torn, or in any way

damaged or otherwise its condition or appearance requires special notice, a mention

regarding its condition and appearance shall be made by the party producing the same in

the Index of such a pleading and the same shall be verified and initialed bv the officer
authorized to receive the same.

                                                  Part lV

                                                 Cause list

33. Preparation and publication of daily cause list.- (1) The Registry shall prepare and
publish on the notice board of the Registry before the closing of working hours on each

working day the cause list for the next working day and subject to the directions of the

chairperson, listing of cases in the daily cause list   sha ll be in   the following order of priority,
unless otherwise ordered by the concerned Bench; namely;-

   a) cases   for pronouncement of orders;

   b) cases for clarification;

   c) cases for admission;

   d) cases for orders or directions;

   e) part-heard cases, latest part-heard having precedence; and

   f) cases posted as per numerical order or as directed by the Bench;

(2) The title of the daily cause list shall consist of the number of the appeal, the day, date

and time of the sitting Bench hall number and the coram indicating the names of the

Chairperson, Judicial member and Technical members constituting the Bench.

(3) Against the number of each case listed in the daily cause list, the following shall be

shown, namely;-
(a) names of the legal practitioners or authorised representative appearing for both sides

and setting out in brackets the designation of the parties whom they represenu

(b) names of the parties, if unrepresented, with their ranks in brackets.

(4) the objections and special directions, if any, of the Registry shall be briefly indicated

in the daily cause list in remarks'column, whenever compliance is required.

34. Carry forward of cause list and adjournment of cases on account of non-sitting of an

Appellate Tribunal.- (1) lf by reason of declaration of holiday or for any other unforeseen

reason,   the Appellate Tribunal does not function for the day, the daily cause list for that
day shall, unless otherwise directed, be treated as the daily cause list for the next working

day in addition to the cases already posted for that day.

(2) When the sitting of a particular Bench is cancelled for the reason of inability of any

Member of the Bench, the Registrar shall, unless otherwise directed, adjourn the cases
posted before that Bench to a convenient date.

(3) The adjournment    or posting or directions shall be notified on the notice board.


                                 RECORD OF PROCEEDINGS

35. Diaries.- (1) Diaries shall be kept by the clerk-in-charge in such form as may be
specified by the Registrar in each appeal and they shall be written legibly.
(2) The diary in the main file shall contain a concise history of the appeal, the substance
of the order passed thereon and in execution proceedings it shall contain a complete
record of all proceedings in execution of order or direction or rule and shall be checked

by the Deputy Registrar and initialed once in a fortnight.

36. Order sheet.- (1) Order sheet shall be maintained in every proceedings by the Court

Master and shall contain all orders passed by the Appellate Tribunal from time to time       .

(2) All orders passed by the Appellate Tribunal shall be in English and the same shall be

signed by the Members of the Appellate Tribunal constituting the Bench:

Provided that the routine orders, such as call for of the records, put up with records,

adjourned and any other order as may be directed by the Member of the Appellate
Tribunal shall be signed by the Court Master.
(3) The order sheet shall also contain the reference number of the appeal or petition or

application, date of order and all incidental details including short cause title thereof.

37. Maintenance of diary.- (1) The Court Master of the Bench concerned shall maintain

legibly a Diary, wherein he shall record the proceedings of the Bench for each sitting with

respect to the applications or petitions or appeals listed in the daily cause list.

(2) The matters to be recorded in the Diary shall include details as to whether the case is

adjourned, or part-heard or heard and disposed of or heard and orders reserved, as the

case may be, along with dates of next sitting wherever applicable.

38. Statutes or citations for reference,- The parties or authorised representatives shall,

before the commencement of the proceedings for the day, furnish to the Court Master       a

list of law journals, reports, statutes and other citations, which may be needed for
reference   or photo   copy of full text thereof.

39. Calling of cases in Bench.- Subject to the orders of the Bench, the Court Master shall

call the cases listed in the cause list in the serial order.

40. Regulation of Bench work.- (1) When a Bench is holding a sitting, the Deputy Registrar

shall ensure :-

(a) that no inconvenience or wastage of time is caused to the Bench in making available

the services of Court Master or Stenographer or Peon or Attender;
(b) the Court Master shall ensure that perfect silence is maintained in and around the

Bench hall and no disturbance whatsoever is caused to the functioning of the Appellate

Tribunal and that proper care is taken to maintain dignity and decorum of the Appellate


(2) When the Appellate Tribunal passes order or issues directions, the Court Master shall

ensure that the records of the case along with proceedings or orders of the Court are

transmitted immediately to the Registry and the Registry shall verify the case records
received from the Court Master with reference to the cause list and take immediate steps

to communicate the directions or orders of the Court.

                                             Part Vl

                                  Maintenance of Registers
41. Registers to be maintained.- The following Registers shall be maintained and posted

on a day to day basis by the Registry of the Appellate Tribunal by such ministerial officer

or officers as the Registrar may, subject to any order of the Chairperson, direct:-

       a) register of appeals;

       b) register of unnumbered appeals; and

       c) register of Interlocutory applications;

42. Arrangement of records in pending matters.- The record of appeal shall be divided

into the following four parts and shall be collated and maintained.
   (a) Main file: (Appeal being kept separately);

   (b) miscellaneous application    fi le;

   (c) process file; and

   (d) execution file

43. Contents of main file:- The main file shall be kept in the following order and it shall
be maintained as permanent record till ordered to be destroyed under the rules:-

          (a) Index;
          (b) order Sheet;
          (c) Final order or judgment;
          (d) memo of appeal or petition      as   the case may be together with any schedule

                annexed thereto;

          (e) counter or reply or objection, if any;
          (f)   (i) oral evidence or proof of affidavit

                (ii) evidence taken on commission; and

                (iii) documentary evidence.

          (g) written arguments.

44. Contents of process file.- The process file shall contain the following items; namely,-

       (a) index;

       (b) powers of attorney or vakalatnama or memo of appearance;

       (c) summons and     other processes and affidavits relating thereof;
       (d) applications for summoning witness;

       (e) letters calling records; and

       (f) all other miscellaneous papers such as postal acknowledgements

45. Execution file.- The execution file shall contain the following items, namely,-

       (a). index;

       (b) the order sheet;

       (c)   the execution application;
       (d) all processes and other papers connected with such execution proceedings;

       (e) transmission of order to civil court, if ordered; and

       (f) result of execution;

46. File for miscellaneous applications,- For all miscellaneous applications there may be

only one file with a title page prefixed to it and immediately after the title page, the diary,

the miscellaneous applications, supporting affidavit, the order sheet and all other
documents shall be filed.

47. Destruction of record.- Record of Appellate Tribunal, except permanent record, shall
be ordered to be destroyed by the Registrar or Deputy Registrar after six years from the

final conclusion of the proceedings after obtaining prior order of the Chairperson.

Explanation: For the purpose of this rule, permanent record shall include order; appeal

register, petition register and such other record as may be ordered to be included by the



48. lssue of notice.- (1) Where notice of an appeal or petition or interlocutory application

is issued by the Appellate Tribunal, copies of the same, the affidavit in support thereof

and if so ordered by the Appellate Tribunal the copy of other documents filed therewith,

if any, shall be served along with the notice on the other side.
(2) The copies of the documents referred             to   sub-rule (1) shall show the date of
presentation of the appeal or interlocutory application and the name of the authorised

representative, if any, of such party with his full address for service and the interim order,

if any, made thereon.

(3/ The Appellate Tribunal may order for issuing notice in appropriate cases and also

permit the party concerned for service of said notice on the other side by Dasti and in
such case, deliver the notice to such party and it is for such party to file affidavit of service

with Droof.
49. Summons.- Whenever summons or notice is ordered by private service, the appellant

or applicant or petitioner as the case may be, unless already served on the other side in

advance, shall arrange to serve the copy of all appeals or petitions or applications oy

registered post    or courier service and file affidavit of service with its oroof of
acknowledgement before the date fixed for hearing.

50. Steps for issue of fresh notice.- (1) lf any notice issued under rule 46 is returned

unserved, that fact and the reason thereof shall be notified immediately on the notice

board of the Registry.

(2) The applicant or petitioner or his authorised representative shall within seven oays
from the date of the notification, take steps to serve the notice afresh.

51. Consequence of failure to take steps for issue of fresh notice.- Where, after              a

summon has been issued to the other side, and returned unserved, and the applicant or
petitioner or appellant,   as   the case may be, fails to take necessary steps within the period

as ordered by the Appellate Tribunal from the date             of return of the notice on the

respondent(s), the Registrar shall post the case before the Appellate Tribunal for further

directions or for dismissal for non-orosecutio n.

52. Entries regarding service of notice or process.- The Judicial Section of the Registry

shall record in the column in the order sheet'Notes ofthe Registry', the details regarding

completion of service of notice on the respondents, such as date of issue of notice, date

of service, date of return of notice, if unserved, steps taken for issuing fresh notice and

date of completion of services etc.

53. Non-appearance of respondent and consequences.- Where the respondent, despite

effective service of summons or notice on him does not appear before the date fixed for

hearing, the Appellate Tribunal may proceed to hear the appeal ex-parte and pass final

order on merits.

       Provided that   it is open to the Appellate Tribunal to    seek the assistance of any
authorised representative as    it   deems     fit in case the matter involves intricate   and

substantial questions of law having wide ramifications.

54. Filing of objections by respondent, form and consequences.- (1)The respondent, if

so directed, shall file objections or counter within the time allowed by the Appellate
Tribunal. (2) The objections or counter shall be verified as an appeal and wherever new

facts are sought to be introduced with the leave of the Appellate Tribunal for the first

time, the same shall be affirmed by a supporting affidavit.
(3) The respondent, if permitted to file objections or counter in any proceeding shall also

file three copies thereof after serving copies of the same on the appellant or petitioner or

their authorised representatives,    as   the case maV be.

                                                Part Vlll


55. Fee.- (1) Fee for filing appeal or interlocutory application, and process fee shall be, as
prescribed in the Schedule of fee       to   these rules.
(2) The fee and process fee shall be deposited by separate demand draft or Indian postal

Order favouring the Pay and Accounts Officer, Ministry of Corporate Affairs, payable at

New Delhi.

(3) The Appellate Tribunal may, to advance the cause of justice and in suitable cases,

waive payment of such fee or portion thereof, taking into consideration the economic

condition or indigent circumstances of the petitioner or appellant or applicant or such
other reason,   as   the case may be.

56. Award of costs in the proceedings.- (1) Whenever the Appellate Tribunal deems fit, it

may award cost for meeting the legal expenses of the respondent or defaulting party.

(2) The Appellate Tribunal may in suitable cases direct appellant or respondent       to bear
the cost of litigation of the other side, and in case of abuse of process of court, impose
exemplary costs on defaulting party.

                                                    Part lX
                                         lNSPECTION OF RECORD

57. Inspection of the records.- (1) The parties to any case or authorised representative

may be allowed to inspect the record of the case by making an application in writing ro

the Registrar and fee prescribed therein.
(2) Subject to such terms and conditions as may be prescribed by the Chairperson by a

general or special order, a person who is not a party to the proceeding, may also be

allowed to inspect the proceedings after obtaining the permission of the Registrar in

58. Grant of inspection.- Inspection of records of a pending or decided case before the

Appellate Tribunal shall be allowed only on the order of the Registrar.

59. Application for grant of inspection.- (1) Application for inspection of record under

rule 58 shall be in the Form NCLAT-3 and presented at the filing counter of the Registry

between 10.30 AM and 3.00 PM on any working day and two days before the date on

which inspection is sought, unless otherwise permitted by the Registrar.
(2) The Registry shall submit the application with its remarks before the Registrar, who

shall on consideration of the same, pass appropriate orders.

(3) Inspection of records of a pending case shall not ordinarily be permitted on the date

fixed for hearing of the case or on the preceding day.

60. Fee payable for inspection.- Fee as given in the Schedule of the fees appended to

these rules shall be payable by way of Demand Draft or Indian Postal Order to be drawn

in favour of the Pay and Accounts Officer, Ministry of Corporate Affairs, New Delhi on any

application for inspection of records of a pending or decided case.

61. Mode of inspection.- (1) On grant of permission for inspection of the records, the

Deputy Registrar shall arrange to procure the records of the case and allow inspection of

such records on the date and time fixed by the Registrar between 10.30 AM and 12.30

PM and between 2.30 PM and 4.30 PM in the immediate presence of an officer authorized

in that behalf.

(2) The person inspecting the records shall not in any manner cause dislocation,
mutilation, tampering or damage to the records in the course of inspection.
(3) The person inspecting the records shall not make any marking on any record or paper

so inspected and taking notes, if any, of the documents or records inspected may be done

only in pencil.

(4) The person supervising the inspection, may at any time prohibit further inspection, if

in his opinion, any of the records are likely to be damaged in the process of inspection or

the person inspecting the records has violated or attempted to violate the provisions of
these rules and shall immediately make a report about the matter to the Registrar and

seek further orders from the Registrar and such notes shall be made in the Inspection


62. Maintenance of register of inspection,- The Deputy Registrar shall cause to maintain

a Register for   the purpose of inspection of documents or records and shall obtain therein
the signature of the person making such inspection on the Register as well as on the
application on the conclusion of inspection.

                                                   Part X

                          Appearance of authorised representative
63. Appearance     of   authorised representative .- Subject to provisions of Section 432 of
the Act, a party to any proceedings or appeal before the Appellate Tribunal may either
appear in person or authoise one or more chartered accountants or company secretaries

of cost accountants or legal practitioners of any other person to present his case before

the Appellate Tribunal.

64. Proof of engagement.-      (1.)   Where an advocate is engaged to appear for and on behalf
of the parties, he shall submit Vakalatnama.

(2) The professionals like chartered accountants or company secretaries or cost
accountants shall submit Memorandum of Appearance.

55. Restriction on party's right to be heard.- The party who has engaged a authorised

representative to appear for him before the Appellate Tribunal shall not be entitled to be

heard in person unless permitted by the Appellate Tribunal.

66. Professional dress for     the authorised representative.-    While appearing before the
Appellate Tribunal, the authorised representative shall wear the same professional oress

as prescribed in   their Code of Conduct.
                                             Part Xl

67. Title of affidavits,- Every affidavit shall be titled as "Before the National Company Law

Appellate Tribunal." followed by the cause title of the application or other proceeding in

which the affidavit is sought to be used.

68. Form and contents ofthe affidavit.- The affidavit as per Form NCLAT-4 shall conform

to the requirements of order XlX, rule 3 of Civil Procedure Code, 1908 (5 of 1908).

69. Persons authorised to attest.- Affidavits shall be sworn or affirmed before an
Advocate or Notary, who shall affix his official seal,

70. Affidavits of illiterate, visually challenged persons.- Where an affidavit is sworn or

affirmed by any person who appears to be illiterate, visually challenged or unacquainted
with the language in which the affidavit is written shall be in Form NCIAT-s, the attestor
shall certify that the affidavit was read, explained or translated by him or in his presence

to the deponent and that he seemed to understand it, and made his signature or mark in

the presence of the attestor.

71. ldentification of deponent.- lf the deponent is not known to the attestor, his identity

shall be testified by a person known        to him and the   person identifying shall affix his
signatu re in token thereof.

72. Annexures to the    affidavit.- (1) Document accompanying an affidavit shall be referred
to therein as Annexure number and the attestor shall make the endorsement thereon
that this is the document marked putting the Annexure number in the affidavit.
(2) The attestor shall sign therein and shall mention the name and his designation.

                                           Part Xll


73. Application for production of documents, form of summons.-(1) Except otherwise

provided hereunder, discovery or production and return of documents shall be regulated

by the provisions of the Code of Civil Procedure, 1908 (5 of 1908).

(2) An application   for summons to produce documents shall be on plain paper setting out
the documents the production of which is sought, the relevancy of the documents and in

case where       the production of a certified copy would serve the purpose, whether
application was made to the proper officer and the result thereof.
(3) A summons for production of documents in the custody of a public officer other than

a court shall be addressed to the concerned Head of the Deoartment or such other
authority as may be specified by the Appellate Tribunal.

74. Suo motu summoning of documents.- Notwithstanding anything contained in these

rules, the Appellate Tribunal may, suo motu, issue summons for production of public

document or other documents in the custody of a public officer in Form NCLAT-6.

75. Marking of documents.- (1)The documents when produced shall be marked                 as

   (a) if relied upon by the appellant's or petitioner's side, they shall be numbered as'A'


   (b) if relied upon by the respondent's side, they shall be marked as'B'series.

    (c)The Appellate Tribunal exhibits shall be marked as'C'series,

(2) The Appellate Tribunal may direct the applicant to deposit with Appellate Tribunal by

way of Demand Draft or Indian Postal Order drawn in favour of the pay and Accounts

Officer, Ministry of Corporate Affairs, New Delhi, a sum sufficient to defray the expenses

for transmission of the records before the summons is issueo.

76. Return and transmission of documents.- (1) An application for return of the
documents produced shall be numbered and such application shall be entertained after

the destruction of the records.
(2) The Appellate Tribunal may, at any time, direct return of documents produced subject

to such conditions as it deems fit.

                                           Part Xlll

77. Procedure for examination of witnesses, issue of Commissions.- The provisions of

section 424 of the Act and relevant provisions of the orders XVI and xxvl of the code of

Civil Procedure, 1908 (5 of 1908), shall apply in the matter of summoning and enforcing

attendance of any person and examining him on oath and issuing commission for the

examination of witnesses or for production of documents.

78. Examination in camera.- The Appellate Tribunal may in its discretion examine any
witness in camera.

79. Form of oath or affirmation to witness.- Oath shall be administered to a witness in

the following form : "   ldo   swear in the name of God/solemnly affirm that what I shall
state shall be truth, the whole truth and nothing but the truth,,.

80. Form of oath or affirmation to interpreter.- Oath or solemn affirmation shall be
administered to the Interpreter in the following form before his assistance as taken for

examining a witness    .'

"l do swear in the name of God/solemnly affirm that I will faithfully and truly interpret
and explain all questions put to and evidence given by witness and translate correctly and

accurately all documents given to me for translation."

81-.   Officer to administer oath.- The oath or affirmation shall be administered bv tne
Branch Officer or Court Master.

82. Recording of deposition.- (1) The deposition of a witness shall be recorded in Form


(2) Each page of the deposition shall be initialed by the Members constituting the Bench.

(3) Corrections, if any, pointed out by the witness may, if the Bench is satisfied, be carried

out and duly initialled, and if not satisfied, a note to the effect be appended at the bottom

of the deoosition.

83. Numbering of witnesses.- The witnesses called by the applicant or petitioner shall be

numbered consecutively as'PWs' and those by the respondents as ,RWs,.

84. Grant of discharge certificate.- Witness discharged by the Appellate Tribunal may be

granted a certificate in Form NCLAT-8 by the Registrar.

85. Witness allowance payable.- (1) Where the Appellate Tribunal issues summons to a

Government servant to give evidence or to produce documents, the person so summoned
may draw from the Government travelling and daily allowances admissible to him as per


(2) Where there is no provision for payment of Travelling Allowance and Daily Allowance

by the employer to the person summoned to give evidence or to produce documents, he

sha ll be   entitled to be paid   as allowance, (a sum   found by the Registrar sufficient to defray
the traveling and other expenses), having regard to the status and position ofthe witness.

(3) The party applying for the summons shall deposit with the Registrar the amount of
allowance as estimated by the Registrar well before the summons is issued.
( ) lf the witness    is summoned as a court witness, the amount estimated by         the Registrar
shall be paid as per the directions of the Appellate Tribunal.

(5) The aforesaid provisions shall govern the payment of allowance to the interpreter as


86. Records      to be furnished to the Commissioner.- (1) The Commissioner                shall be
furnished by the Appellate Tribunal with such of the records of the case as the Appellate

Tribunal considers necessary for executing the Commission.
(2) Original documents shall be furnished only if a copy does not serve the purpose or
cannot be obtained without unreasonable expense or delay.
(3) Delivery and return of records shall be made under proper acknowledgement.

87. Taking of specimen      handwriting, signature etc..-The Commissioner may, if necessary,
take specimen of the handwriting, signature or fingerprint of any witness examined
before him.

                                               Part XIV

                                   PRONOUNCEMENT OF ORDERS

88. Order.- The final decision of the Appellate Tribunal on an appeal or proceedings
before the Appellate Tribunal shall be delivered by way ofJudgment.

89. Operative portion of the order.- All orders or directions of the Bench shall be stated

in clear and precise terms in the last paragraph of the order.

90. Corrections.- The Member of the Bench who has prepared the order shall initial all

corrections and affix his initials at the bottom of each page.

91. Pronouncement of order.- (1) The Appellate Tribunal shall as far as possible
pronounce the order immediately after the hearing is concluded.

(2) When the orders are reserved, the date for pronouncement of order shall be notified

in the cause list which shall be a valid notice of intimation of oronouncement.

(3) Reading of the operative portion of the order in the open court shall be deemed to be

pronouncement of the order.

92. Pronouncement of order by any one member of the Bench.- (1) Any Member of the

Appellate Tribunal may pronounce the order for and on behalf of the Bench.
(2) When an order is pronounced under this rule, the Court Master shall make a note in

the order sheet, that the order of the Bench consisting of Chairperson and Members was
pronounced in open court on behalf of the Bench

93. Authorizing any Member to pronounce order.- (1) lf the Members of the Bench who

heard the case are not readily available or have ceased to be Members of the Appellate

Tribunal, the Chairperson may authorise any other Member to pronounce the order on

his behalf after being satisfied that the order has been duly prepared and signed by all

the Members who heard the case and the order pronounced by the Member                   so

authorised shall be deemed to be duly pronounced.

(2) The Member so authorised     for pronouncement of the Order shall affix his signature in
the Order sheet of the case stating that he has pronounced the order as provided in this

ru te.

(3) lf the Order cannot be signed by reason of death, retirement or resignation or for any

other reason by any one ofthe Members ofthe Appellate Tribunal who heard the case, it

shall be deemed to have been released from part-heard and listed afresh for hearing.

94. Making of entries by Court Master.- lmmediately on pronouncement of an order by

the Appellate Tribunal, the Court Master shall make necessary endorsement on the case

file     regarding   the date of such pronouncement, the nature of disposal and           the
constitution of the Bench pronouncing the order and he shall also make necessary entries
in the court diary maintained by him.

95. Transmission of order by the Court Master.- (1) The Court Master shall immediately

on pronouncement of order, transmit the order with the case file to the Deputy Registrar.

(2) On receipt of the order from the Court Master, the Deputy Registrar shall after due

scrutiny, satisfy himself that the provisions of these rules have been duly compiled with

and in token thereof affix his initials with date on the outer cover of the order.

(3) The Deputy Registrar shall thereafter cause to transmit the   case   file and the order to
the Registry for taking steps to prepare copies and their communication to the parties.

96. Format of order.- (1) All orders shall be neatly and fairly typewritten in double space

on one side only on durable foolscap folio paper of metric A-4 size (30.5 cm long and 21.5

cm wide) with left side margin of 5 cm and right side margin of 2.5 cm and corrections, if

any, in the order shall be carried out neatly and sufficient space may be left both at the

bottom and at the top of each page of the order to make its appearance elegant.

(2) Members constituting the Bench shall affix their signatures in the order of their
seniority from right to left.

97. Indexing of case files after disposal.- After communication of the order to the parties

or legal representative, the official concerned shall arrange the records with pagination
and prepare in the Index Sheet in Form no. to be prescribed by the Appellate Tribunal and

he shall affix initials and then transmit the records with the Index initials to the recoros


98. Transmission of files or records or orders.- Transmission of files or records of the

cases or orders shall be made only after obtaining acknowledgement in the movement

register maintained at different sections or levels as per the directions of the Registrar.

99. Copies of Orders in library.-   (1.)   The officer in charge of the Registry shall send copies
of every final order to the librarv.
(2) Copies of all Orders received in each month shall be kept at the library in a separate

folder, arranged in the order of date of pronouncement, duly indexed and stitched.
(3) At the end of every year, a consolidated index shall also be prepared and kept in a

separate file in the library.
(4) The Order folders and the indices may be made available for reference in the librarv

to the legal practitioners.

                                                Part XV

                                  SUPREME COURT ORDERS

1-00.   Register of Special leave Petitions/Appeal.- (1) A Register in Form NC[AT-9 shall be

maintained in regard to Special Leave Petitions or Appeals against the orders of the
Appellate Tribunal to the Supreme Court and necessary entries therein be promptly made

bv the Judicial Branch.

(2) The register shall be placed for scrutiny by the Chairperson in the first week of every


101. Placing of Supreme Court orders before Appellate Tribunal.- Whenever an interim

or final order passed by the Supreme Court of India in an appeal or other proceeding
preferred against     a   decision of the Appellate Tribunal is received, the same shall forthwith

be placed before the Chairperson or Members for information and kept in the relevant

case   file and immediate attention of the Registrar shall be drawn to the directions
requiring compliance.

102. Regisftar to ensure compliance of Supreme Court orders.- lt shall be the duty of the

Registrar to take expeditious steps to comply with the directions of the Supreme Court.

                                                Part XVI

103. Filling through electronic media.- The Appellate Tribunal may allow filing of appeal
or proceedings through electronic mode such          as    online filing and provide for rectification
of defects by e-mail or internet and in such filing, these rules shall be adopted as nearly

as possible on and     form   a date   to be notified separately and the Central Government may
issue instructions in this behalf from time to time.

1.04. Removal of difficulties and issue of directions.- Notwithstanding anything
contained in the rules, wherever the rules are silent or not provisions is made, the
Chairperson may issue appropriate directions to remove difficulties and issue such oroers

or circulars   to   govern the situation or contingency that may arise in the working of the

Appellate Tribunal.

                              SCHEDUTE OF FEES

       Sectlotr of the
       Conpaaler Act,                                      Fees (in
8.Ito.  2Ol3l Rulc                  Nature of Appeal etc   Rupees)
                         Protection of employee during
 1.     Sec. 218(3))     investigation                     r,oool-
                         Appeals to National Company Law
       Section 421(1)    Appellate Tribunal                5,ooo/-
                                           FORM NCLAT.      1

                                            [See Rule 22]
                      Memorandum of Appeal Preferred under Section 421 of
                                       The Companies Act, 2013


                                            AT NEW DETHI

                                       APPELTATE JURISDICTION

                                       APPEAT NO.   _OF         20--
                                             CAUSE TITTE


       A.B. ...........Appellant (s)


       C.D. ...........Respondent(s)

       Iincluding appropriate commission/adjudicating officer ]
(with short address   )

1.     Details of Appeal

       [Appeal under section 421 of the Companies Act, 2013 against impugned order of the
       National Company Law Tribunal Order dated ........passed under section ..................of the

       Companies Act, 2013.

2.     Date on which the order appealed against is communicated and proof thereof, if any.

3.     The address of the appellant for service is as set out hereunoer:

       i) Postal address including PIN code

       ii) Phone number including mobile number.

       iii) E-mail

       iv) Fax No.

       v) Address of Legal Representative with Phone No., Fax No., e-mail

4.     The address of the respondents for service of all notices in the appeal are as set out


       i) Postal address including PIN code

      ii) Phone number

      iii) E-mail

      iv) Fax Number

      v) Mobile Number

      vi) Address of Counsel with Phone number, Fax number, e-mail and mobile number.

5.    lurisdiction of the Appellate Tribunal
      The appellant declares that the subject matter of the appeal is within the jurisdiction of

      this Tribunal.

5.    Limitation

      The Appellant/s declare that the appeal is within the period specified in sub-section (3)   of
      section 421 of the Act. (Explain how the appeal is within the period prescribed in case the

      appeal is preferred after the expiry of 45 days from the date of order/direction/decision

      against which this appeal is preferred). In case the appeal barred by limitation, the

      number of days of delay should be given along with interlocutory application for
      condonation of delay.
7.    Facts of the case

      The facts of the case are given below:

      (Give here a concise statement of facts in a chronological order followed by elaboration

      of issues including the question of law arising in the appeal. Each paragraph should deal
      with, as far as possible a separate issue.   )

8.    Formulate (i) the facts in issue or specify the dispute between the parties and (ii)
      summarize the questions of law that arise for consideration in the appeal:

      (a) Facts in issue

      (b) Question of law

9.    Grounds raised with legal provisions
10.   Matters not previously filed or pending with any other court
      The appellant further declares that the appellant had not previously filed any   writ petition
      or suit regarding the matter in respect of which this appeal is preferred before any court

      or any other authority nor any such writ petition or suit is pending before any of them.

      In   case the appellant previously had filed any such   writ petition or suit, the stage at which
      it is pending and, if decided, the outcome of the same should be specified and a copy of
      the order should also be annexed].
11.   Specify below explaining the grounds for such relief (s) and the legal provisions, if any,

      relied upon.

L2.   Details of Interim Application, if any, preferred along with appeal.

13.   Details of appeal/s, if any preferred before this Appellate Tribunal against the same

      impugned order/direction, by Respondents with numbers, dates... and interim order, if

      any passed in that appeal (if known).

14.   Details of Index

      [An index containing the details of the documents in chronological order relied upon is
      en   closedl.

15.   Particulars of fee payable and details of bank draft in favour of Pay and Accounts Officer,

      Ministry of Corporate Affairs, New Delhi.
      In respect of the fee for appeal.

      Name of the Bank                               Branch,    _           payable at Delhi. DD No.


15.   List of enclosures:



77.   Whether the order appealed as communicated in original is filed? lf not, explain the
      reason for not filing the same.

18.   Whether the appellant/s is ready to file written submissions/arguments before the first
      hearing after serving the copy of the same on Respondents.

19.   Whether the copy of memorandum of appeal with all enclosures has been forwarded to
      all respondents and all interested parties, if so, enclose postal receipt/courier receipt in

      addition to payment of prescribed process fee.

20.      Any other relevant or material particulars             /    details which the appellant(s) deems
         necessary to set out:

27.      Reliefs Sought

         In view of the facts mentioned in para 7 above, points in dispute and questions of law set

         out in Para 8, the appellant prays for the following relief (s)           :




Dated at                               th is           day of                     200   .

         Counsel for Appellant(s) Appellant (s)

                                           DECLARATION BY APPELLANT

The appellant(s) above named hereby solemnly declare (s) that nothing material has been
concealed or suppressed and further declare(s) that the enclosures and typed set of material
papers relied upon and filed herewith are true copies of the original(s)fair reproduction of the

originals   / true translation thereof.
Verified at                         on this at                      day   of                )n,---

Counsel for Appellant (s)


I                             (Name of the appellant     )   S/o. W/o.D/o. Iindicate any one, as the case
may be l                     age                        working       as                         in the office of
                      resident of                     do hereby verify that the contents of the paras
                                          are true   to my personal            knowledge/derived from official
record) and para                          to                 are believed to be true on legal advice and
that I have not suppressed any material facts.

                                                       Signature of the appellant or authorized officer

                                                     FORM NCLAT-2

                                                      [See Rule 31]
                                          INTERTOCUTORY APPTICATION


                                                   tA NO.   _OF       20

                                 Appeal Petition No.                  of20.
                                                       CAUSE TITLE

Set out the Appeal No.                               of 20
                                     Appeal Petition short cause title
Set out the 1. Appeal No.                      20

                                 Cause Title   -    Interlocutory Application
Petition for stav/direction/disoense with/condone delav/callins records
The applicant above named state/s as follows            :

1. Set   out the relief (s)
2. Brief facts

3. Basis on which interim orders prayed for

4. Balance of convenience, if any     :

(All interlocutory applications shall be supported by an affidavit sworn by the

Applicant/on its behalf and attested by a Notary Public).


The applicant above named hereby solemnly declare that nothing material has been concealed

or suppressed and further declare that the enclosures and typed set of material papers relied
upon and filed herewith are true copies of the originals or fair reproduction of the originals or

true translation thereof.

Verified at               dated at          this day                  of        20.
Counsel for Applicant


|_(Name                           of the applicant) S/o.W/o.D/o. (indicate any one, as the case may
be)                     age                      working    as                 in the office       of
                    resident of                       do hereby verify that the contents of the paras

               IO                  are true   to my personal knowledge / derived from official record
)and    para            to            are believed to be true on legal advice and that I have not
suppressed any material facts.


                                       Signature of the Appellant/Petitioner or authorised officer

                                                  FORM NCTAT-3

                                                    [See Rule 59]

                                               Pending/Disposed of


                                                     New Delhi

. Application No. in of 20
 Applica nt/s/3'd party/Appellant/Petitioner



                   Application for Inspection of Documents/Records under Rule 50
 I hereby apply    for grant of permission to inspect the documents/records in the above case. The
 details are as follows :-

      1. Name and address of the person seeking inspection:

 2. Whether he is a party to the case/his Legal Practitioner and if so, his rank therein.

 3. Details of the papers/documents sought to be inspected................

 4. Reasons for seeking the Inspection

 5. The date and duration of the inspection sought            for
 6. Whether fee is paid and if so, the mode of payment...................

 7. lf a third party, whether a vakalat has been filed with Court Fee Stamp


          1...............................state that the above facts are true and correct.


 Date:                                                                                       Applicant
 Office Use   :

 Granted inspection for      _hours on                         /rejected.


Endorsement after insoection:

1............,   the applicant above named inspected the documents/records on the presence
of      Mr.........,.......,..........between ...,.......Hrs   on   ...........and insoection   is



                                                                                Applicant/authorised Representative

                                                         Form NCLAT-4

                                                         [See Rule 68]
                          IN THE NATIONAT COMPANY                    lAW    APPETTATE TRIBUNAT


Appeal/Petition/ /No. of 20




l, ..................................aged.......................years, son/da ughter/wife of............

..........................(name and occupation of the deponent).....................................

residing at (Full     address)                  hereby swear in the name of God/solemnly

affirm and state as follows          :                        Para. 1



Contents of Paragraphs Nos. ....................,.are within my personal knowledge and contents of

Paragraphs Nos...............are based on information received by me which I believe the same to be

true (state the source of information wherever possible and the grounds for belief, if any                            ).

Place   :                                                                                       Signature of the Deponent

Date:                                                                                                  Name in Block Letters

No. of corrections on page nos.

ldentified by     :                                                               Before me

Sworn/solemnly affirmed before me on this the .......................dav of ...200.............


                                                                                            (Name and Designation of the

                                                                                            Attesting Authority with Seal)
*To add endorsement in Form No. when necessarv

                                             FORM NCTAT-s


                                              [See Rule 7O]
        Certification when deponent is unacquainted with the language of the affidavit or is

blind or illiterate.

Contents of the affidavit were truly and audibly read over/translated into ........................|anguage

known    to the deponent and he seems to              have understood the same and affixed              his



                                                                      Name and designation with date.

                                                 Form NC[AT-6

                                                  [See Rule 74]

                                                   New Delhi
Appeal No......... OF 20


                                                                      (By Legal Representative Shri.............)


                                                                      (By Legal Representative Shri ............)

              Under Section 424 of the Companaes Act, 2013 r/w corresponding power

                                             vested under C.P.C.

           Whereas the Tribunal suo motu or on consideration of the request made by Shri/ Smt/M/s

.......................( Appellant) having been satisfied   that production of the following documents or
records under your control or custody is necessary for proper decision of the above case, you are

hereby directed to cause production of the said documents/records before this Tribunal /forward

duly authenticated copies thereof on or before the .....................dav of.....20.........

                             (Enter description of documents requisitioned)

                                                                                      "Bv Order of Tribunal     "

Date   :

                                                  FORM NCLAT.T

                                                   [See Rule 82]

                                                    NEW DETHI

Appeal/Petition No............... of 20...
Deposition of PWRW

1. Name

2. Father's/Mother's/Husband's Name

3. Age

4. Occupation

5. Place of Residence and address

6. Name of the Officer administering the

Oath   / affirmation
7. Name of the Interpreter if any, duly

Sworn/ solemnly affirmed

Duly sworn/ solemnly/ affirmed

Examination-in-chief: By


Cross examination: By

Re-examination, if any:

                                                                   (Signature of the witness on each page)

Statement of witness as recorded was read over/translated to the witness, who admitted it to be

                                             Signature of the Member of the Appellate Tribunal with date

                                                    FORM NCLAT.S

                                                      lSee Rule 841
                                            CERT!FICATE OF DISCHARGE

Certified    that ...................                    ...appeared before         this Appellate Tribunal as              a

witness/in/ No. .......................of 20......, on behalf of the appellant or respondent as Court witness
on this of ....20...... and that he was relieved at ......................on........................ He was

paid/not paid any T.A. and D.A. or allowance of Rs...................

Date:                                                                                  Signature of the Registrar

{Seal of theTribunal)

                               FORM NCLAT .9

                                 [See Rule 1001

REGISTER                                       SLP


SUPREME                  to 5C     trom   SC


                                                          lF No. 1/30/N     rlcL-vl2or3l
                                                                    Amardeep Singh Bhbtia
                                               Joint Secretary to the Government of India

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