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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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GROUNDS OF APPEAL TO BE FILED BEFORE THE INCOME TAX APPELLATE TRIBUNAL ALONGWITH FORM NO. 36 [Rule 47(1)] UNDER SECTION 253 OF THE INCOME TAX ACT,1961 AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)
The Commissioner of Income Tax (Appeals) under the Income Tax Act has passed an Order against the Assessee. Now this needs to be challenged further. This is the precedent of Grounds of Appeal to be filed before the Income Tax Appellate Tribunal along with Form No.36 [Rule 47(1)] under Section 253 The Income Tax Act against the Order of Commissioner of Income Tax (Appeal)
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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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ARBITRATION PETITION UNDER SECTION 11 FOR APPOINTMENT OF ARBITRATOR BEFORE SUPREME COURT OF INDIA/FOREIGN ARBITRATION
This is the precedent of a Petition under Section 11(6) of Arbitration and Conciliation Act, 1996 to be filed before the Supreme Court of India in respect of an International Commercial Arbitration which empowers the court to examine the existence of an Arbitration Agreement while deciding the Application for Appointment of an Arbitrator.
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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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FORM OF DEMAND NOTICE / INVOICE DEMANDING PAYMENT UNDER THE INSOLVENCY AND BANKRUPTCY CODE, 2016
You are the bonafide Creditor of the Company and the Company is not paying your dues. You wish to initiate Corporate Insolvency Resolution process against the Company. You need to serve a demand notice in the prescribed form. This is the standard form of Demand Notice/Invoice demanding payment under 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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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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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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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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APPEAL BEFORE THE SESSIONS COURT U/S. 374(3) OF THE CODE OF CRIMINAL PROCEDURE, 1973 AGAINST THE JUDGMENT AND ORDER OF CONVICTION BY MAGISTRATE’S COURT
The person is convicted by the Learned Magistrate’s Court. The Appeal is to be preferred. This is the precedent of an Appeal before the Sessions Court u/s. 374(3) of the Code of Criminal Procedure, 1973 against the Judgment and Order of Conviction by Magistrate’s Court.
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ARBITRATION APPLICATION UNDER SECTION 11 TO THE HON’BLE COURT FOR APPOINTMENT OF AN ARBITRATOR
This is the precedent of an Application under Section 11 of Arbitration and Conciliation Act, 1996 which empowers the Court to examine the existence of an Arbitration Agreement while deciding the Application for Appointment of an Arbitrator.
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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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