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APPEAL UNDER SECTION 58 (4) OF THE COMPANIES ACT, 2013 READ WITH RULE 70 OF THE NATIONAL COMPANY LAW TRIBUNAL RULES, 2016 AGAINST THE COMPANY’S REFUSAL TO TRANSFER THE SAID SHARES
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The equity shares in a Public Limited Company is standing in the name of the deceased. The Petitioner is legally entitled to the same. However, the Company has refused to transfer the said shares in favour of the Petitioner without sufficient cause. This is a standard precedent of Appeal under Section 58(4) of the Companies Act, 2013 read with Rule 70 of the National Company Law Tribunal Rules, 2016 against the Company’s refusal to transfer the said shares.
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AN APPEAL BEFORE DRAT CHALLENGING THE INTERIM ORDER OF THE DRT
This is a precedent of an appeal before the Debt Recovery Appellate Tribunal Challenging the interim order of the Debt Recovery Tribunal under Section 20 of the Recovery of Debt due to Bank and Financial Institutions Act, 1993.
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APPEAL UNDER SECTION 61 OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016 (`IB CODE’) AGAINST THE IMPUGNED ORDER OF THE NATIONAL COMPANY LAW TRIBUNAL (NCLT)
The National Company Law Tribunal (NCLT) has passed an Order. The aggrieved party desires to challenge the same before The National Company Law Appellate Tribunal (NCLAT). This is the precedent of an Appeal challenging the said Order under the provisions of The Insolvency and Bankruptcy Code, 2016.
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APPLICATION BY OPERATIONAL CREDITOR UNDER SECTION 9 OF THE INSOLVENCY AND BANKRUPTCY CODE,2016
You are the Operational Creditor (not Financial Creditor) of the Company. Your legitimate dues are not paid by the Company inspite of the statutory notie. You need to approach National Company Law Tribunal. This is the standard precedent of an Application by Operational Creditor under Section 9 of the Insolvency and Bankruptcy Code, 2016.
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APPEAL FROM ORDER TO BE FILED BEFORE THE SUPEIROR COURT AGAINST THE ORDER PASSED BY LOWER CIVIL COURT IN AN APPLICATION FOR INTERIM RELIEFS
Appeal from Order is to be filed against certain orders passed in a suit before its final decision as provided under Section 104 read with Order 43, Rule 1 of Code of Civil Procedure, 1908.The trial court has passed an interim order and which is required to be challenged before the higher or superior court. This is the precedent for the same.
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FIRST APPEAL CHALLENGING THE JUDGMENT AND DECREE PASSED BY THE LOWER CIVIL COURT BEFORE THE SUPERIOR COURT
This is a precedent of First Appeal to High Court. First Appeal challenging the Judgment and order passed by the Lower Civil Court before the Superior Court. An aggrieved party to any decree, which was passed by a Court while exercising its original jurisdiction, is conferred with at least one right to appeal to a higher authority designated for this purpose, unless the provisions of any statute make an exception for it.
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NOTICE OF ADMISSION ALONG WITH APPLICATION FOR SCHEME OF ARRANGEMENT BETWEEN TWO COMPANIES (Form No. NCLT 1 & 2)
Two Companies are getting merged. This is a standard precedent of Notice of Admission along with Application for Scheme of Arrangement between the Companies to be filed before the National Company Law Tribunal.
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APPLICATION SEEKING CONDONATION OF DELAY IN FILING APPEAL UNDER SECTION 58 OF THE COMPANIES ACT, 2013 READ WITH THE NATIONAL COMPANY LAW TRIBUNAL RULES 2016
There is a delay in filing an Appeal before NCLT for transferring the shares in favour of the Appellant. This is the standard precedent of an Application seeking condonation of delay in filing Appeal under Section 58 of the Companies Act, 2013 read with the National Company Law Tribunal Rules 2016.
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APPEAL UNDER SECTION 15-T OF THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992, BEFORE THE SECURITIES APPELLATE TRIBUNAL (SAT) CHALLENGING THE ORDER (PENALTIES AND ADJUDICATION) OF SECURITIES AND EXCHANGE BOARD OF INDIA PASSED UNDER CHAPTER VIA OF THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992
This is a precedent of an appeal under section 15-T of the Securities and Exchange Board of India Act, 1992, before the Securities Appellate Tribunal (SAT) challenging the order (Penalties and Adjudication) of Securities and Exchange Board of India passed under Chapter via of the Securities and Exchange Board of India Act, 1992.
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APPLICATION BY WAY OF COMPANY PETITION/APPEAL FOR RESTORATION OF THE NAME OF THE COMPANY WHICH WAS STRUCK OFF BY THE REGISTRAR OF COMPANIES
The Company defaulted in filing statutory documents with the Registrar of Companies. Therefore, the Registrar of Companies have struck off the name of the Company from the list of Register of Companies. Now remedy is to approach NCLT. This is the precedent of an Application by way of Company Petition/Appeal for restoration of the name of the Company which was struck off by the Registrar of Companies.
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CIVIL REVISION APPLICATION CHALLENGING THE JUDGMENT AND ORDER PASSED BY APPELLATE BENCH OF SMALL CAUSES COURT
This is a precedent of Revision Petition to the Hon’ble High Court under section 115 of the Civil Procedure Code,1908.A revision to High Court is available only in those cases and against such orders where no appeal lies and revisional jurisdiction can be exercised suo moto in certain cases including on the ground of jurisdiction error.
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WRIT PETITION (WRIT OF CERTIORARI AND MANDAMUS) TO BE FILED BEFORE THE HIGH COURT FOR CHALLENGING ACTION BY THE REGISTRAR OF COMPANIES (ROC) FOR DISQUALIFICATION THE PETITIONER AS DIRECTOR
The Petitioner is disqualified to act as the Director by the Registrar of Companies. The decision of the Registrar of Companies needs to be challenged. This is the precedent of Writ Petition (Writ of Certiorari and Mandamus) to be filed before the High Court for Challenging action by the Registrar of Companies (ROC) for disqualification the Petitioner as Director.
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COMPANY PETITION FOR OPPRESSION AND MIS MANAGEMENT
The Petitioners are minority shareholders. The Respondents are managing the Company to their benefit and detrimental to the interest of the Company and the Shareholders. The conduct of the Respondents is oppressive. This is the precedent of Company Petition for oppression and mismanagement to be preferred before NCLT.
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