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FORM OF DEMAND NOTICE / INVOICE DEMANDING PAYMENT UNDER THE INSOLVENCY AND BANKRUPTCY CODE, 2016
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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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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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NOTICE TO BANK FOR DEFAMATORY STATEMENTS AND CLAIMING THE DAMAGES
The Bank has wrongly caused to publish your name as defaulter in repayment of loan/financial facility. This is the precedent of notice to the Bank for making defamatory statements and claiming damages.
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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 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 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
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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NOTICE UNDER SECTION 80 OF THE CODE OF CIVIL PROCEDURE, 1908
The Plaintiff desires to file a Civil Suit against the Government or against a Public Officer purporting to act in his official capacity. However, in such a case the Plaintiff is required to serve in advance a Statutory Notice under Section 80 of The Code of Civil Procedure, 1908 to the concerned Government/Government Departments/ Public Officer. This is a precedent of Notice under Section 80 of The Code of Civil Procedure, 1908.
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NOTICE FOR DISHONOUR OF CHEQUES TO INDIVIDUAL UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENT ACT, 1881
This is a precedent of a Notice for Dishonour of Cheques to Individual under Section 138 of the Negotiable Instrument Act, 1881.
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NOTICE FOR INFRINGEMENT OF COPYRIGHT IN THE RELEASED FILM
The precedent of a Notice for infringing copyright in the Film. The Producers are the Owners of copyright in the already released Cinematographic Film. Someone is by making a new film infringing the copyright of the said released film.
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CEASE AND DESIST NOTICE FOR INFRINGEMENT OF TRADE MARK, BEING THE TITLE OF THE CINEMATOGRAPHIC FILM
This is the precedent of a Cease and desist Notice for infringement of the trademark being the title of the feature film. The producers are the registered proprietor of the trade mark being the title of the film. Someone is in infringement of the Producers’ proprietary right in the said title making a film with the same title.
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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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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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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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