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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 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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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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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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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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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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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 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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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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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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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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