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Application filed by aggrieved party with respect to takeover offer FORM NO.AMG.7 [Pursuant to section 230(12) & rule 12] Company Application No....... of 20.... Application No._________________ Application filed by aggrieved party with respect to takeover offer 1. Particulars of the applicant: Name of the applicant Address of the applicant Address of service of all notices Telephone(Phone and Mobile)/Fax Number and e-mail address, if any 2. Particulars of the respondent(s): Name of the respondent(s). Office address of the respondent(s). Address of respondent(s) for service of all notices. Telephone (Phone and Mobile)/Fax Number and e-mail address, if any Application in the form of affidavit under Section ___ of the Act for................... I, .................. solemnly affirm and say as follows: 3. Jurisdiction of the Tribunal: The applicant declares that the matter   of application falls within the jurisdiction of the Tribunal. Limitation: The facts of the case are given below: (give here a concise statement of facts and other grounds in a chronological order, each paragraph containing as neatly as possible as separate issue, fact or otherwise). Relief(s) sought: In view of the facts mentioned in paragraph 5 above, the applicant prays for the following relief(s) (Specify below the relief(s) sought explained the grounds for relief(s) and the legal provisions, if any, relied upon). Interim order, if prayed: for Pending final decision of application, the applicant prays for the following interim relief: (Give here the nature of the interim relief prayed for with reasons). Matters not pending with any other Court 9.List of Enclosures (documents) Dated this day of 20 .... (Signature of the applicant) Verification Solemnly affirmed before me at _____ on this (month) day of 20 ..... Sd/- Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

NOTICE OF OPT-OUT Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-) Annexure  - Forms FORM NO. ONM.1 [Pursuant to rule 10] BEFORE THE _________ AT __________________ BENCH NOTICE OF OPT-OUT Date: _____________________ From: _________________________________ (Insert name of class member/depositor) To : The Registrar,        NCLT (_________ Bench). …Applicant. - Vs- …Respondent. The Party named above requests that the Tribunal grant the opt-out in terms of Rule 10 of the Companies (Prevention of Oppression and Mismanagement) Rules, 2016. For the following reasons: (Insert a concise statement of the circumstances, and the particulars of the opt out) __________________________________________________________________________ ______________ __________________________________________________________________________ ______________ __________________________________________________________________________ ______________ __________________________________________________________________________ ______________ __________________________________________________________________________ ______________ __________________________________________________________________________ ______________ __________________________________________________________________________ ______________ In support of this Application, the applicant has attached an affidavit setting out the facts on which the Applicant relies. Name and Title of person signing on behalf of Applicant: Authorised Signature and Address: _______________________________________________________________________ _______________________________________________________________________ Tel No. Fax No. e-mail: This form is prescribed under Rule 10 of the Companies (Prevention of Oppression and Mismanagement) Rules, 2016. For rehabilitation : Rehab. Petition No. For Transferred Transfer Petition (CLB/BIFR/AIFR/HHC) No. Matters from the : ( CP.No .OR………………….) CLB/BIFR/AIFR/HHC For Other matters : Company Petition No.

Declaration of solvency Download Word Document In English. (Rs.35/-) Download PDF Document In Marathi. (Rs.35/-) FORM NO. AMG.13 [Pursuant to section 233(1)(c) & rule 24(3)] Declaration of solvency (a) Corporate identity number (CIN) of company : Global location number (GLN) of company: (a) Name of the company: Address of the registered office of the company: E-mail ID of the company: 3.(a) Whether the company is listed:  Yes No If listed, please specify the name(s) of the stock exchange(s) where listed: ---------------------------------------------------------------------- -------------------------------------------------------------------- 4. Date of Board of Directors’ resolution approving the scheme Declaration of solvency We, the directors of M/s …………………. do solemnly affirm and declare that we have made a full enquiry into the affairs of the company and have formed the opinion that the company is capable of meeting its liabilities as and when they fall due and that the company will not be rendered insolvent within a period of one year from the date of making this declaration. We append an audited statement of company’s assets and liabilities as at ………… being the latest date of making this declaration. We further declare that the company’s audited annual accounts including the Balance Sheet have been filed upto date with the Registrar of Companies ………………….. Signed for and behalf of the board of directors (1) Signature :…………… Date Name :………….. Place Managing Director, if any (2) Signature :…………… Name :…………… Director (3) Signature :……………. Name :……………. Director Verification We solemnly declare that we have made a full enquiry into the affairs of the company including the assets and liabilities of this company and that having done so and having noted that the scheme of compromise or arrangement involving merger or amalgamation between ………………… and …………………………..is proposed to be placed before the shareholders and creditors of the company for approval as per the provisions of sub-section of (1) of section 233 of the Companies Act, 2013, we make this solemn declaration believing the same to be true. Verified this day the ……… day of …………….., 20…… (1) Signature :…………… Name :………….. Managing Director (2) Signature :…………… Name :…………… Director (3) Signature :……………. Name :……………. Director Solemnly affirmed and declared at ………… the ………………. day of ……………, 20… before me. Commissioner of Oaths and Notary Public or Justice of the Peace Attachments: Copy of board resolution Statement of assets and liabilities Auditor’s report on the statement of assets and liabilities ANNEXURE Statement of assets and liabilities as at ………. Name of the company ……………………. Assets Book Estimated Value Realisable value 1. Balance at Bank 2. Cash in hand 3. Marketable securities 4. Bills receivables 5. Trade debtors 6. Loans & advances 7. Unpaid calls 8. Stock-in-trade 9. Work in progress Freehold property Leasehold property Plant & machinery Furniture, fittings, utensils, etc Patents, trademarks, etc Investments other than marketable securities Other property …………………… …………………… Total: …………………. …………………… Liabilities Estimated to rank for payment (to the nearest rupee) Secured on specific assets Secured by floating charge(s) Estimated cost of liquidation and other expense including interest accruing until payment of debts in full. 4. Unsecured creditors (amounts estimated to rank for payment) Trade accounts Bills payable Accrued expense Other liabilities Contingent liabilities ……………………….. Total: ……………………….. Total estimated value of assets Rs. ……………………… Total liabilities Rs. ……………………… Estimated surplus after paying Rs. ……………………… debts in full Remarks (1) Signature :…………… Name :………….. Managing Director (2) Signature :…………… Name :…………… Director (3) Signature :……………. Name :……………. Director Place : …………… Date: ………….

Procedures to be Followed For Filing A Case Before NCLT Following are the requisite points for consideration before filing petition, appeal or application before NCLT as per NCLT rules: The document to be filed before NCLT shall be in English and if in any other language, it shall be accompanied with a copy of Translation in English It shall be written, printed in double space, on one side of legal paper, with margins: Top 4 cm, Right-2.5 cm and left- 5 cm It shall be duly paginated, indexed and stitched together in paper book form Every petition, application, appeal or document shall be filed in Triplicate All the documents filed shall be accompanied by an index in triplicate containing their details and the amount of fee to be paid thereon Copy of petition, application or appeal shall also be filed to the opposite party True Copy of Resolution for authorisation to sign, verify and institute on behalf of the company shall also be enclosed Every petition, application or appeal shall be filed in Form No. NCLT.1(2) along with the attachment of Notice of admission in Form NCLT-2(1) Title Heading for Proceeding shall be in Form No. NCLT.4(3) Every petition or application shall be verified by an Affidavit in Form No. NCLT.6(4) Notice of Motion shall be filed in Form No. NCLT.3(5) Where any petition or application is required to be advertised, it shall be advertised in Form No. NCLT-3A(6) in vernacular language and in English Newspaper. Advertisement if published shall also be placed on the website of the company if any Every Party may appear either in person or through an authorised representative, who shall make an appearance through filing Vakalatnama or Memorandum of Appearance in Form No. NCLT.12(7) representing the respective parties No intern employed by the Authorised Representative shall appear, access the records or obtain copies of the order, unless his/her name is entered in the Register of intern maintained by the bench. Authorised Representative shall make an application in Form NCLT.10(8) for registering his intern Special Procedure has also been specified from Rule 66 to Rule 88 specifying the procedures or additional requirement for the applicant to be followed while filing an application under various provisions of the Companies Act, 2013. Additional requirements inter alia include accompanying documents as mentioned in Annexure-B (which includes a copy of Memorandum and Articles, copy of balance sheet, Resolution, Bank Draft for filing fees, etc.), the content of an application, advertisement of application, etc. Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Pending/Disposed of  IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL  New Delhi  Application No. in of 20 _________ Applicant/s/3 rd party/Appellant/Petitioner vs Respondent/s Application for Inspection of Documents/Records under Rule 60 I hereby apply for grant of permission to inspect the documents/records in the above case. The details are as follows :-  1. Name and address of the person seeking inspection: _____________________________  2. Whether he is a party to the case/his Legal Practitioner and if so, his rank therein. ----------------  3. Details of the papers/documents sought to be inspected…………….  4. Reasons for seeking the Inspection …………………………….  5. The date and duration of the inspection sought for ……………….  6. Whether fee is paid and if so, the mode of payment……………….  7. If a third party, whether a vakalat has been filed with Court Fee Stamp …………………  Verification:  I………………………….state that the above facts are true and correct.  Place :  Date :  Applicant Office Use :  Granted inspection for _____hours on __________/rejected.  Registrar APTEL ……. Endorsement after inspection: I…………, the applicant above named inspected the documents/records on ……….in the presence of Mr……………………….between …………………..to ………..Hrs on .……….and inspection is completed/concluded. Dated …………..day……………20.  Applicant/authorised Representative Form  Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

Public Notice of petition under Section 245. FORM NO. ONM. 2 [Pursuant to rule 11] Public Notice of petition under Section 245. Take notice that a class action petition under section 245 of the Companies Act, 2013 dated…… was presented by………… before ………… Bench, National Company Law Tribunal. The lead applicant in the said petition is…………….. The respondents in that petition are……….. The said petition satisfies the admission related conditions stipulated in section 245 and has been admitted. It is fixed for hearing before the Bench on ……………….. The petition has been filed on the following grounds………………… The petition seeks the following relief…………….. The members of the class for the purpose of this class action petition shall mean………..If you belong to the class in relation to which this Application has been filed, you will be a bound by the outcome of this Application, unless you decide to opt-out from the proceedings by submitting the relevant form issued under Rule 10 of the Companies (Prevention of Oppression and Mismanagement)  Rules,  2016  by  …….  to  the  following  address…………., subject to the Tribunal’s permission. Signature: (Registrar, National Company Law Tribunal ..…Bench) Date: Place: Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

NOTICE OF MOTION  FORM NO. NCLT. 3  [See rule 34]  BEFORE THE NATIONAL COMPANY LAW TRIBUNAL  BENCH AT:  NOTICE OF MOTION  Date: . . . . . . . . . . . . . From : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  (Insert name of party filing the Motion) To :  The National Company Law Tribunal Concerning: (Name and file number of matter being considered by the National Company Law Tribunal)  Name : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  File No. :: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  The Party named above requests that the Tribunal grant the following relief: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  (Insert the relief or order sought) In terms of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Insert the section of the Act, or the Rules/Regulation, that provides for the order or relief sought) For the following reasons: (Inert a concise statement of the circumstances, and the particulars of the request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  In support of this Application, the applicant has attached an affidavit setting out the facts on which the Application relies Name and Title of person signing on behalf of Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  Authorised Signature and  Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  Tel No. Fax No. e-mail:  This form is prescribed under Rule 4 under NCLT Rules, 2016. For rehabilitation Rehab.  Petition No. : Transfer Petition For Transferred. (CLB/BIFR/AIFp/HHC)  No Matters from the CLB/BIFR/AIFR/HHC :  ( CP.No .OR . . . . . . . . . . . . . . . . . . )  For Other matters :  : Company Petition No. Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

[HEADING AS IN FORM NCLT.  ANNEXURE- A (See rule 4)  FORM NO. NCLT. 1  [see rules 34, 64, 66, 67, 68, 69, 70, 71, 73, 74, 75, 77, 78, 79, 80, 81, 83, 86 and 87]  [HEADING AS IN FORM NCLT.  4] Columns required for filing of Original Application / Reply / Rejoinder / Interlocutory Application or filing of additional documents under directions of the Bench  i. Details of Original Application / Reply / Rejoinder / Interlocutory Application Particulars of the Petitioner / Applicant / Respondent and state whether company, whether petitioner or not. (Name, description, father's / husband's name, occupation, capacity, i.e. qua shareholder, qua depositor and address)  ii. Jurisdiction of the Bench: The petitioner declares that the subject-matter of the petition is within the jurisdiction of the Bench.  iii. Limitation: (If applicable) The petitioner / applicant further declares that the petition is within the limitation laid down in section ……. Of the Companies Act, 2013 (where applicable)  iv. Facts of the case are given below: (Give here a concise statement of facts in a chronological order, each paragraph containing as nearly as possible a separate issue, fact or otherwise.)  v. Relief(s) sought. In view of the facts mentioned above, the petitioner/applicant / respondent prays for the following relief(s): (Specify below the relief(s) sought explaining the ground for relief(s) and the legal provisions (if any) relied upon)  vi. Particulars of Bank draft evidencing payment of fee for the petition or application made:  Branch of the Bank on which drawn:  Name of the issuing branch:  Demand Draft No……… Date…………..  Amount Rs………..  (Signature/Signature of Authorised signatory)  Date:  Place: Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Submissions and Appearance before the National Company Law Appellate Tribunal National Company Law Appellate Tribunal (NCLAT)   Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.50/-) was constituted under Section 410 of the Companies Act, 2013 for hearing appeals against the orders of National Company Law Tribunal(s) (NCLT) with effect from 1st June, 2016. The Competition Appellate Authority was merged with NCLAT.  BACKGROUND  • The idea of setting up NCLT was proposed for the first time by the Justice Eradi Committee constituted in 1999 to examine the laws relating to Insolvency and Winding up of Companies.  • In furtherance to the recommendations of Justice Eradi Committee, the Companies (Second Amendment) Act, 2002 (2002 Amendment Act) vide insertion of new Parts provided the provisions for setting up of NCLT and NCLAT to replace the existing CLB  • The said 2002 Amendment Act was never notified as it was challenged in the High Court at Madras by the Madras Bar Association BACKGROUND CONTINUED  • The Hon'ble Supreme Court upheld the legislative competence of Parliament to create the NCLT and the NCLAT, but the particular structure of the NCLT and NCLAT proposed by the 2002 Amendment Act was held to be unconstitutional.  • Hon'ble Supreme Court judgment in May 2010 with respect to constitutional validity of setting up of NCLT and NCLAT • Companies Act, 2013 notified  • Constitution Bench of the Apex Court on May 14, 2015 in Madras Bar Association vs Union of India & Anr [(2015) 8 SCC 583] whereby the Apex Court held that constitution of both NCLT and NCLAT is constitutionally valid, COMPOSITION  • The NCLAT, consists of a chairperson and a maximum of eleven judicial and technical members. • the chairperson and Judicial Members of the Appellate Tribunal shall be appointed after consultation with the Chief Justice of India. • The chairperson shall be a person who is or has been a Judge of the Supreme Court or the Chief Justice of a High Court • A Judicial Member shall be a person who is or has been a Judge of a High Court or is a Judicial Member of the Tribunal for five years • A Technical Member shall be a person of proven ability, integrity and standing having special knowledge and experience, of not less than twenty-five years, in law, industrial finance, industrial management or administration, industrial reconstruction, investment, accountancy, labour matters, or such other disciplines related to management, conduct of affairs, revival, rehabilitation and winding up of companies.  QUALIFICATION OF CHAIRPERSON AND OTHER JUDGES OF NCLAT As per Section 411 of the Companies Act, 2013  • The chairperson shall be a person who is or has been a Judge of the Supreme Court or the Chief Justice of a High Court. Age of chairperson should be at least 50 but not more than 70 years.  • A Judicial Member shall be a person who is or has been a Judge of a High Court or is a Judicial Member of the Tribunal for five years and must be atleast 50 years but not more than 67 years of age.  • A technical member shall be a person of proven ability, integrity and standing having special knowledge and professional experience of not less than twentyfive years in industrial finance, industrial management, industrial reconstruction, (The fee structure for filing appeal is prescribed under Competition Appellate Tribunal (Form & Fee for Filing of Appeal and fee for filing compensation application) Rules, 2009 read with Competition Act, 2002 and The investment and accountancy. The age must be atleast 50 years but not more than 67 years of age.  BENCHES  • PRINCIPAL BENCH, NEW DELHI  • Chennai Bench w.e.f. 18th march, 2020 consisting of Hon’ble Mr. Justice Venugopal M., Member (Judicial) And Hon’ble Mr. Justice Kanthi Narahari, Member (Technical) to hear and dispose of appeals arising for Southern States  • At present 10 members other than Chairperson NCLAT is currently adjudicates appeals from following forums:  1. The National Company Law Tribunal • Companies Act, 2013. • Insolvency and Bankruptcy Code, 2016  2. Competition Commission of India • Appeal from the Competition Commission of India under Section 53A of the Competition Act, 2002 Competition Appellate Tribunal (Procedure) Regulations, 2011.)  RULES THAT WE GENERALLY SKIP  • National Company Law Appellate Tribunal Rules, 2016 • Computation of time period • Listing of cases  • FORMAT NCLAT-1- IN TRIPLICATE • CERTIFIED COPY OF IMPUGNED ORDER • ADVANCE SERVICE • FEE & File, don’t post • Endorsement and scrutiny of petition or appeal or document (filing) • Removal of defects within 7 days of being notified • Application for condonation in refiling the appeal (refiling) • Registration of Appeal Filing of Appeals/ Applications in the NCLAT • Appeals to be filed in NCLAT-1 with an affidavit (In triplicate) along with an affidavit Form NCLAT 4 of the NCLAT Rules, 2016 • Stitched together in form of a paper book • Demand Draft of Rs. 5,000/- for appeals • Demand Draft of Rs. 1,000/- in case of Interlocutory Application FORMATTING • Double Line Spacing; Right Margin 2.5 CM; Left Margin 5 CM. • Must be in English and paginated. Filing of Appeals/ Applications in the NCLAT • Interlocutory applications- FORM NCLAT-2 • Listing-Issuance of Notice • Caveat can be filed • Appear in person or through authorized representatives LODGING OF CAVEAT IN NCLAT • Any person(s) in person or through its authorized representative may lodge a caveat in triplicate in any appeal or application. (Fee: Rs. 1000) • Time Period: Valid for 90 days from the date of filing. • A caveat on being taken on record shall be numbered and registered in the appropriate register INTERLOCUTORY APPLICATION • Interlocutory Application can be filed separately or with the appeal which will be listed along with the appeal on the appropriate date. • For early hearing of the application, mentioning to the Chairperson is required. • If there is a clerical mistake or typographical error in any of the order already passed and an Interlocutory Application is filed for correction. CAUSE TITLE, LIST OF EVENTS AND MEMO OF PARTIES • Cause Title to state “In the National Company Law Appellate Tribunal” • Company Appeal (AT) No. / 2020 or Company Appeal (AT) (Insolvency) No.___/2020. • The provision in which the appeal is preferred. (Section 421 of the Companies Act, 2013; Section 61, 202, 211 of the Insolvency and Bankruptcy Code, 2016 & Section 53A of the Competition Act, 2002) • For memo of parties, state full name, parentage and other details as prescribed under the Rule 20 of the NCLAT Rules, 2016. PLEADINGS • To be divided into paragraphs and numbered consecutively • Every correction in pleading should be initialled by the party or authorized representative. DOCUMENTS REQUIRED • Every Appeal must be accompanied by the certified copy of the impugned order. • Application should be filed for service on the opposite parties. In pending matters, all applications to be filed after serving copies in advance on the opposite side. • Signature of the Authorized Representative on the bottom of the pleadings and will be verified by the party. AFFIDAVIT • Title should be same as the Pleading filed. • Identification of deponent, must be in conformity with 71, 72 NCLAT Rules. 2016. Limitation • Insolvency and Bankruptcy, Code- within 30 days of receipt of the certified copy of the Order, period may be extended by 15 days • Companies Act, 2013- within 45 days which may be extended by another 45 days • Competition Act, 2020- within 60 days which may be extended on showing sufficient cause of delay. Listing- Cause List of NCLAT • For Admission (Fresh Case) • Admission (after notice) • For orders • Hearing Pleading- Appeal not a matter of right • Insolvency and Bankruptcy Code, 2016 • Aggrieved by any order of AA • Order passed u/s 31 can be challenged on the following grounds: (i) the approved resolution plan is in contravention of the provisions of any law for the time being in force; (ii) there has been material irregularity in exercise of the powers by the resolution professional during the corporate insolvency resolution period; (iii) the debts owed to operational creditors of the corporate debtor have not been provided for in the resolution plan in the manner specified by the Board; (iv) the insolvency resolution process costs have not been provided for repayment in priority to all other debts; or (v) the resolution plan does not comply with any other criteria specified by the Board. (vi) An appeal against a liquidation order passed under section 33 may be filed on grounds of material irregularity or fraud committed in relation to such a liquidation order. IBC NOT AN ADVERSARILA PROCEEDING APPEARANCE IN THE NCLAT The Section 432 of the Companies Act, 2013- A party to any proceeding or appeal before the Tribunal or the Appellate Tribunal, as the case may be, may either appear in person or authorize one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any other person to present his case before the Tribunal or the Appellate Tribunal, as the case may be. Inherent Power- NCLAT • Rule 11 of NCLAT Rules, 2016 “11. Inherent powers.- Noting in these rules shall be deemed to limit or otherwise affect the inherent powers of the Appellate Tribunal to make such orders or give such directions as may be necessary for meeting the ends of justice or to prevent abuse of the process of the Appellate Tribunal.” IMPORTANT JUDGMENTS OF NCLAT • Indison Agro Foods Ltd. v. Registrar & Anr: NCLAT Asks NCLT To Constitute A Two Member Bench To Dispose Matter In Conformity With SC Directions. • Srikanth Dwarakanath, Liquidator of Surana Power Limited v. Bharat Heavy Electricals Limited, Company Appeal: where a secured creditor has only 26.24% of share in value of the asset then such creditor will have to "relinquish" their share as per Section 52 of IBC. • Arti Meenakshi Muthiah v. MCTM Global Investments Pvt. Ltd. & ors.: Appointment of Additional Director in absentia of minority shareholder does not amount to oppression and mismanagement. • Hyundai Motors Ltd. v. Competition Commission of India & Ors the CCI found Hyundai in violation of Section 3 (4) of the Competition Act for its resale price maintenance policy and tie-in arrangements, with its dealers. The NCLAT set aside the order and directed a refund of the penalty as the CCI had based its decision only on the opinion expressed by the Director General (DG) in his report, which is merely an investigation report and had not undertaken any analysis of the evidence to arrive at its finding of contravention.

Report by Chairman: FORM No. AMG 6 [Pursuant to Rule 9(2)] Company Petition No of...... of 20..... ……………….Applicant(s) Report by Chairman: I, ______ the person appointed by this Hon'ble Tribunal to act as chairman of the meeting of (the debenture holders or first debenture holders or second debenture holders or unsecured creditors or secured creditors or preference shareholders or equity shareholders) of the above named company, summoned by notice served individually upon them and by advertisement dated the .... day of.. 20..........................., and held on the day of.. 20... at... , do hereby report to this Hon'ble Tribunal as follows: 1. The said meeting was attended either personally or by proxy by (here state the number of creditors or the class of creditors or the number of members or the class of members as the case may be, who attended the meeting) of the said company entitled together to (here mention the total value to the debts, or debentures, where the meeting was of creditors, and the total number and value of the shares, where the meeting was of members, of those who attended the meeting). 2. The compromise or arrangement was read out and explained by me to the meeting, and the question submitted to the said meeting was whether the (here state the class of creditors or members as the case  may be)  of the said  company approved  of  the  compromise or arrangement submitted to the meeting and agreed thereto. 3.  The   said meeting   was unanimously of   the   opinion that the compromise  or arrangement should be approved' and agreed to/ or. The result of the voting upon the said question was as follows: The under‐mentioned [here mention the class of creditors or members who attended the meeting] voted in favour of the proposed compromise or arrangement being adopted and carried into effect: Name of creditor Address Value  of  debt  (or  No. Number of votes or member of preference or equity shares held The under‐mentioned [here mention the class of creditors or members who attended the meeting] voted against the proposed compromise or arrangement being adopted and carried into effect: Name of creditor Address Value  of  debt  (or  No. Number of votes or member of preference or equity shares held Dated this................................ day of .............................20.......... Sd/- Chairman **If the compromise or arrangement was approved with modifications, it should be so stated and the modifications made should be set out, and also the particulars of the voting on the modifications. Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

Filing of petition, appeals etc in National Company Law Tribunal Download Word Document In English. (Rs.35/-) Download PDF Document In Marathi. (Rs.35/-) Procedure.- (1) Every appeal or petition or application or caveat petition or objection or counter presented to the Tribunal shall be in English and in case it is in some other Indian language, it shall be accompanied by a copy translated in English and shall be fairly and legibly type written, lithographed or printed in double spacing on one side of standard petition paper with an inner margin of about four centimeter width on top and with a right margin of 2.5. cm, and left margin of 5 cm, duly paginated, indexed and stitched together in paper book form; (2) The cause title shall state “Before the National Company Law Tribunal” and shall specify the Bench to which it is presented and also set out the proceedings or order of the authority against which it is preferred. (3) Appeal or petition or application or counter or objections shall be divided into paragraphs and shall be numbered consecutively and each paragraph shall contain as nearly as may be, a separate fact or allegation or point. (4) Where Saka or other dates are used, corresponding dates of Gregorian Calendar shall also be given. (5) Full name, parentage, age, description of each party and address and in case a party sues or being sued in a representative character, shall also be set out at the beginning of the appeal or petition or application and need not be repeated in the subsequent proceedings in the same appeal or petition or application. (6) The names of parties shall be numbered consecutively and a separate line should be allotted to the name and description of each party. (7) These numbers shall not be changed and in the event of the death of a party during the pendency of the appeal or petition or matter, his legal heirs or representative, as the case may be, if more than one shall be shown by sub-numbers. (8) Where fresh parties are brought in, they may be numbered consecutively in the particular category, in which they are brought in. (9) Every proceeding shall state immediately after the cause title the provision of law under which it is preferred. 21. Particulars to be set out in the address for service.- The address for service of summons shall be filed with every appeal or petition or application or caveat on behalf of a party and shall as far as possible contain the following items namely:- (a) the name of the road, street, lane and Municipal Division or Ward, Municipal Door and other number of the house; (b) the name of the town or village; (c) the post office, postal district and PIN Code, and (d) any other particulars necessary to locate and identify the addressee such as fax number, mobile number, valid e-mail address, if any. Initialing alteration.- Every interlineations, eraser or correction or deletion in any appeal or petition or application or document shall be initialed by the party or his authorized representative presenting it. Presentation of petition or appeal - (1) Every petition, application, caveat, interlocutory application, documents and appeal shall be presented in triplicate by the appellant or applicant or petitioner or respondent, as the case may be, in person or by his duly authorised representative or by an advocate duly appointed in this behalf in the prescribed form with stipulated fee at the filing counter and non-compliance of this may constitute a valid ground to refuse to entertain the same. (2) Every petition or application or appeal may be accompanied by documents duly certified by the authorised representative or advocate filing the petition or application or appeal duly verified from the originals. (3) All the documents filed in the Tribunal shall be accompanied by an index in triplicate containing their details and the amount of fee paid thereon. (4) Sufficient number of copies of the appeal or petition or application shall also be filed for service on the opposite party as prescribed under these rules. (5) In the pending matters, all applications shall be presented after serving copies thereof in advance on the opposite side or his authorised representative. (6) The processing fee prescribed by these rules, with required number of envelopes of sufficient size and notice forms shall be filled alongwith memorandum of appeal. Number of copies to be filed.- The appellant or petitioner or applicant or respondent shall file three authenticated copies of appeal or petition or application or counter or objections, as the case may be, and shall deliver one copy to each of the opposite party. Lodging of caveat.- (1) Any person may lodge a caveat in triplicate in any appeal or petition or application that may be instituted before this Tribunal by paying the prescribed fee after forwarding a copy by registered post or serving the same on the expected petitioner or appellant and the caveat shall be in the form prescribed and contain such details and particulars or orders or directions, details of authority against whose orders or directions the appeal or petition or application is being instituted by the expected appellant or petitioner or applicant which full address for service on other side, so that the appeal or petition or application could be served before the appeal or petition or interim application is taken up: Provided, that the Tribunal may pass interim orders in case of urgency. (2) The caveat shall remain valid for a period of ninety days from the date of its filing. Endorsement and Verification.- (1) At the foot of every petition or appeal or pleading there shall appear the name and signature of the authorised representative. (2) Every petition or appeal shall be signed and verified by the party concerned in the manner provided by these rules. Translation of document.- (1) A document other than English language intended to be used in any proceeding before the Tribunal shall be received by the Registry accompanied by a copy in English, which is agreed to by both the parties or certified to be a true translated copy by authorized representative engaged on behalf of parties in the case or by any other advocate or authorized representative whether engaged in the case or not or if the advocate or authorized representative engaged in the case authenticates such certificate or prepared by a translator approved for the purpose by the Registrar on payment of such charges as he may order. (2) Appeal or petition or other proceeding shall not be set down for hearing until and unless all parties confirm that all the documents filed on which they intend to rely are in English or have been translated into English and required number of copies are filed into Tribunal. 28. Endorsement and scrutiny of petition or appeal or document.-(1) The person in charge of the filing counter shall immediately on receipt of petition or appeal or application or document affix the date stamp of Tribunal thereon and also on the additional copies of the index and return the acknowledgement to the party and he shall also affix his initials on the stamp affixed on the first page of the copies and enter the particulars of all such documents in the register after daily filing and assign a diary number which shall be entered below the date stamp and thereafter cause it to be sent for scrutiny. (2) If, on scrutiny, the appeal or petition or application or document is found to be defective, such document shall, after notice to the party, be returned for compliance and if there is a failure to comply within seven days from the date of return, the same shall be placed before the Registrar who may pass appropriate orders. (3) The Registrar may for sufficient cause return the said document for rectification or amendment to the party filing the same, and for this purpose may allow to the party concerned such reasonable time as he may consider necessary or extend the time for compliance. (4) Where the party fails to take any step for the removal of the defect within the time fixed for the same, the Registrar may, for reasons to be recorded in writing, decline to register the pleading or document. Registration of proceedings admitted.- On admission of appeal or petition or caveat or application, the same shall be numbered and registered in the appropriate register maintained in this behalf and its number shall be entered therein. Calling for records.- On the admission of appeal or petition or application the Registrar shall, if so directed by the Tribunal, call for the records relating to the proceedings from any adjudicating authority and retransmit the same. Production of authorization for and on behalf of an association.- Where an appeal or application or petition or other proceeding purported to be instituted by or on behalf of an association, the person or persons who sign (s) or verify (ies) the same shall produce along with such application, for verification by the Registry, a true copy of the resolution of the association empowering such person(s) to do so: Provided that the Registrar may at any time call upon the party to produce such further materials as he deems fit for satisfying himself about due authorization: Provided further that it shall set out the list of members for whose benefit the proceedings are instituted. Interlocutory applications.- Every Interlocutory application for stay, direction, condonation of delay, exemption from production of copy of order appealed against or extension of time prayed for in pending matters shall be in prescribed form and the requirements prescribed in that behalf shall be complied with by the applicant, besides filing an affidavit supporting the application. Procedure on production of defaced, torn or damaged documents.- When a document produced along with any pleading appears to be defaced, torn, or in any way damaged or otherwise its condition or appearance requires special notice, a mention regarding its condition and appearance shall be made by the party producing the same in the Index of such a pleading and the same shall be verified and initialed by the officer authorized to receive the same.

Scheme of revival and rehabilitation FORM NO. RNR. 4 Scheme of revival and rehabilitation [Pursuant to section 254 (2)(c) and rule 6(2)] The scheme for revival and rehabilitation shall, inter alia , include the following: Details and background of the company Details of the directors Products manufactured Shareholder pattern as on…. Reasons for sickness Balance sheet for the last four years; List of legal cases pending against the Company; Valuation of the assets of the Company; Strategy to overcome the reasons for sickness and for revival Availability of managerial and technical personnel (raw material, machinery, etc.) Details of dues of secured creditors and settlement reached with them indicating the percentage at which they will be settled. Details of dues of unsecured creditors and settlement reached with them indicating the percentage at which they will be settled Details of dues of workers and whether their written consent obtained for settlement Details of statutory dues and how they will be settled. Projected financial position of the company Cost of the scheme Means of finance (Also projected balance sheet and profit and loss A/c and projected cash flow statement attached.) Tenure for the implementation of the scheme Capital structure of the company (present and modified) Details of issue of shares, if any proposed by this scheme Proposed change of management, if any Sale of surplus assets, if any, proposed with details of the assets like machinery and extent of land and location In case the scheme involves amalgamation, demerger, basis of arriving at share exchange ratio Whether the consent of all agencies form whom relief is sought has been taken (mention the name of such agency and date of obtaining the consent also) Other terms and conditions Where any Techno-Economic Viability study was done, brief details of such study (aa) In case of modified scheme, details of implementation of the scheme so far. Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)