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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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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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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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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 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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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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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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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 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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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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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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INVOCATION NOTICE UNDER ARBTIRATION AND CONCILIATION ACT, 1996 FOR APPOINTMENT OF ARBITRATOR
Disputes have arose between the Parties and the Agreement between them provides for referring the same to Arbitration. This is the precedent of Invocation Notice under the Arbitration and Conciliation Act, 1996 for Appointment of Arbitrator/s to arbitrate dispute between the Parties as per the written contract.
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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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