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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)
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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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TRANSFER PETITION BEFORE THE SUPREME COURT OF INDIA FOR TRANSFER OF CRIMINAL COMPLAINT (CRIMINAL)
This is the precedent of Transfer Petitioner (Criminal) before the Supreme Court of India for transfer of a Criminal Case/Complaint from the Court of one State to the Court of another State under the provision of Section 406 of the Criminal Procedure Code, 1973 read with Order XXXIX Rule 1 of the Supreme Court Rules, 2013.
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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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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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SPECIAL LEAVE PETITION BEFORE THE SUPREME COURT OF INDIA CHALLENGING THE HIGH COURT’S ORDER ON CRIMINAL (BAIL) APPLICATION
The High Court has rejected the Bail Application of the Accused. The remedy is to approach the Hon'ble Supreme Court of India. This the precedent of Special Leave Petition before the Supreme Court of India challenging the High Court's Order on Criminal (Bail) Application.
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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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APPLICATION BEFORE THE SUPREME COURT OF INDIA FOR LISTING REVIEW PETITION IN OPEN COURT
Normally Review Petition before the Supreme Court is heard in chamber or decided by circulation. This is the precedent of an application to the Supreme Court of India to list the review Petition in open court for hearing.
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SPECIAL LEAVE PETITION (SLP) BEFORE THE HON’ABLE SUPREME COURT OF INDIA UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA
This is the Special Leave Petition to be filed before the Hon'ble Supreme Court of India against the final order of the High Court. This is the precedent for Special Leave Petition (SLP) before the Hon'ble Supreme Court of India under Article 136 of the Constitution of India.
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CURATIVE PETITION BEFORE THE SUPREME COURT OF INDIA UNDER ORDER XLVIII OF THE SUPREME COURT RULES, 2013
This ia the Curative Petition to be filed before the Hon'ble Supreme Court of India as a last remedy/ resort. Certain pre-conditions are required to be met with before filing of the same.
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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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REVIEW PETITION BEFORE THE SUPREME COURT OF INDIA
This is the precedent of Review Petition to be filed before the Hon'ble Supreme Court of India for reviewing its own order. The Review Petition can be file only if grounds for review exists.
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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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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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