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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
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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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INTERLOCUTORY APPLICATION TO BE FILED BEFORE NATIONAL COMPANY LAW TRIBUNAL TO PLACE THE MISCELLANEOUS APPLICATION ON BOARD FOR URGENT HEARING
The Petition and/or Miscellaneous Application is not reaching for hearing before NCLT and /or one desires to place it on board before the appropriate bench of NCLT for urgent hearing-orders. This is the precedent of an interlocutory application for the same.
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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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APPLICATION BY THE FINANCIAL CREDITOR TO INITIATE CORPORATE INSOLVENCY RESOLUTION PROCESS UNDER SECTION 7 OF INSOLVENCY AND BANKRUPTCY CODE, 2016 READ WITH RULE 4 OF INSOLVENCY AND BANKRUPTCY (APPLICATION TO ADJUDICATING AUTHORITY) RULES, 2016.
The Financial Creditors are not paid by the Company and they need to commence Insolvency Resolution Process against the Company. This is the standard precedent of an Application by the Financial Creditor to initiate Corporate Insolvency Resolution Process under Section 7 of Insolvency and Bankruptcy Code, 2016 read with Rule 4 of Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016.
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MISCELLANEOUS APPLICATION BY A THIRD PARTY TO INTERVENE IN PROCEEDINGS PENDING BEFORE THE NATIONAL COMPANY LAW TRIBUNAL UNDER SECTION 9 OF INSOLVENCY AND BANKRUPTCY, CODE 2016 FOR SAFEGUARDING ITS INTEREST AND FOR BEING IMPLEADED AS PARTY TO THE PROCEEDINGS
The Application under Section 9 of Insolvency and Bankruptcy Code, 2016 is filed before NCLT. A third party desires to intervene in the said proceedings to safeguard its interest and desires to join in the said proceedings as party Respondent. This is the precedent of Miscellaneous Application to be filed before NCLT in the said proceedings to intervene and safeguard the rights of the Applicant/Intervener.
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MISCELLANEOUS APPLICATION FOR CONDONING THE DELAY IN FILING THE APPEAL BEFORE THE SECURITIES APPELLATE TRIBUNAL (SAT)
This is a precedent for Miscellaneous Application for Condoning the delay in filing the Appeal before the Securities Appellate Tribunal.
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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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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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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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CIVIL APPEAL BEFORE THE HON’BLE SUPREME COURT OF INDIA CHALLENGING THE JUDGMENT AND ORDER PASSED BY THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL (along with Synopsis; Memo of Appeal and Applications for Directions and exemption from filing Certified Copies)
This is the precedent of Civil Appeal (along with interlocutory application) under section 62 of the Insolvency and Bankruptcy Code, 2016 (“IB Code”) against the Order and judgment passed by the National Company Law Appellate Tribunal to be filed before the Hon’ble Supreme Court of India, Interlocutory Application is for seeking stay of the operation of the Order and Judgment passed by the Learned National Company Law Appellate Tribunal pending the hearing of the Civil Appeal.
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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 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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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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