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General Heading for Proceedings Before the FORM NO.NCLT. 4  [See rule 34]  General Heading for Proceedings Before the National Company Law Tribunal, Bench,  at . . . . . . . . . .  In the mater of the Companies Act, 2013 And In the matter of . . . . . . . . . Ltd:  (Give the name of the Company)  *Notes:  (1) Where the company is being wound-up, the words 'in liquidat should be inserted in brackets after the name of the company.  (2) If the application or petition or appeal is under relevant Act which shall be set out in the cause title along with the Companies Act, 2013. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

Petition for revival of company Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.40/) BEFORE THE NATIONAL COMPANY LAW TRIBUNAL                     BENCH Company Application No ………………………. of 2017 ‘in Company Petition No ……………………….. of 2017 In the matter of: An application under- Section 252 of the Companies Act, 2013 And In the matter of: An application seeking restoration of the name of the company on the Register of Companies maintained by the Registrar of Companies, Rajasthan And In the matter of:  M/s. ………………………… Limited, A company incorporated under the Companies Act,1956. and having its registered office situated at: …………………… …………. ……………. Represented through its Director Sri ………….. (DIN: 0…………) …………Petitioner Versus Registrar of Companies, …………Opp. Party Details of Application/divetition: The humble petition of M/s. ………………………, the petitioner above named respectfully showeth: Particulars of the applicant/ petitioner/ appellant: i. Name of the petitioner: M/s. ……………… Limited ii. Address of registered office of the applicant/ petitioner/ appellant: ……………………… iii. Address of service of all notices: ……………… & Associates, Company Secretaries, ……………….., New Delhi-1100…… iv. Telephone/ Fax Number and e-mail address, if any: ………… (of applicant); ………………. (of authorised representative) v. E-mail address: ……………..; and ……………com Particulars of the respondent: i. Name of the respondent(s): Registrar of Companies, Rajasthan ii. Office address of the respondent; ……………. iii. Address of respondent for service of all notices: …………… iv. Telephone/Fax Number and e-mail address, if any. Phone: ……………. Email: …………………… Application /divetition/Appeal in the form of affidavit under Section 252 of the Act for seeking restoration of the name of the company M/s. ………………. on the Register of Companies maintained by the Registrar of Companies, ……….. I, ……………….l (DIN: 0………..0), Director solemnly affirm and say as follows: 1. I the director of the above named company, and I have been a director of the company since 1st of March 2013. 2. Facts of the order against which review is filed: The Registrar of Companies, i.e. the Opp. Party herein, struck off the petitioner company’s name of the Register maintained by him, due to defaults in statutory compliances, namely, failure to file Financial Statements & Annual Return for the period 2013-14, 2014-15 & 2015-16 Consequently, the Registrar of Companies has initiated proceedings under Section 248 of the Companies Act, 2013, for the purpose of striking off the name of the company from the Register maintained by the Registrar of Companies, Rajasthan. 3. The facts of the case are given below: i. The Petitioner Company has filed the present petition under Section 252 of the Companies Act, 2013, seeking restoration of the name of the company on the Register of Companies maintained by the Registrar of Companies, Rajasthan ii. That M/s. ……………….Limited, was incorporated under the Companies Act, 1956/ on 2nd March 2012 vide CIN: …………………8096, as a Private Company Limited by Shares with the Registrar of Companies, Rajasthan, having its Registered office situated at Plot No. ……………………….. Rajasthan – 302…… and the authorised share capital of the Company is Rs. 1,00,000./- (Rupees one lakhs only)divided into 10,000 number of equity shares of Rs. 10 /- (Rupees Ten each) and the Issued, Subscribed & Paid Up Capital of the Company is Rs. 1,00,000/- (Rupees one lakh Only)divided into 10,000 number of equity shares of Rs. 10 /- (Rupees ten each). Copy of the Memorandum and Articles of Association of the Company and The Certificate Of Incorporation is annexed herewith and marked as Annexure-1. iii. At present the Company is managed by 3 directors namely: Mr. ……….. Khandelwal (DIN: ………180), Mr. …………… (DIN: 001…………73) and Ms. …………… Sharma (DIN: 0518…………….18.). iv. The Registrar of Companies, Rajasthan i.e. the Opp. Party herein, struck off the petitioner company’s name of the Register due to defaults in statutory compliances, namely, failure to file Financial Statements & Annual Return for the 2013-14, 2014-15 & 2015-16. Consequently, the Registrar of Companies initiated proceedings under Section 248 of the Companies Act, 2013, for the purpose of striking off the name of the company of the Register maintained by the Registrar of Companies. v. That it is submitted that the Opp. Party has not followed the procedure prescribed under Section 248 (1) of the Companies Act, 2013, notices as required under Section 248 (1) were not sent and has now proceeded to issue notice under Section 248(5) publishing the name of the petitioner company in the Official Gazette. Copy of the list of companies containing the name of the applicant as issued by the Opp. Party under Section 248(5) of the Companies Act is annexed hereto and marked as Annexure-2. Copy of master data evidencing the struck of the name of the applicant is also attached along with. vi. The petitioner states that the petitioner company has been active since incorporation and has also been maintaining all the requisite documentation, as per the provisions of the Companies Act, 2013. vii. That it is submitted that the petitioner company did not receive any show cause notice, nor was it afforded any opportunity of being heard before the aforesaid action was taken by the Opp. Party. viii. The petitioner avers that the accounts of the petitioner company were prepared and audited and that the company had engaged the services of a Company Secretaryto perform the task of filing the returns with the office of the Registrar of Companies and who did not filed the same and also did not reveal this fact to the Directors of the petitioner company. It is further submitted that it was only in September 2017, when the fact of non-filing of the returns and other documents with the Opposite Party, as well as the fact that the petitioner company’s name had been struck off the Register maintained by the Opposite Party, was known to the petitioner company. ix. That the object of Section 252(3) of the Companies Act is to give a chance to the company, its members and creditors to revive the company which has been struck off by the Registrar of Companies, within a period of 20 years, and to give them an opportunity of carrying on the business only after the Hon’ble Tribunal is satisfied that such restoration is necessary in the interests of justice. x. That for the ends of justice, the present petition may be allowed, since the Company is carrying on its Business and operation. xi. That the Petitioner submits that in the event of revival of the Company and restoration of the name of the Company in the Register maintained by the Opposite Party, the Petitioner Company shall file all outstanding statutory documents i.e. the financial statement &annual returns for the financial year from 2013-14, 2014-15 and 2015-16 along with the filing fees and the additional fee, as applicable on the date of actual filing and the certified copy of the Order of Tribunal for the restoration of the name of the company to the Register maintained by the Opposite Party etc. xii. That, unless the present application is allowed and the name of the company is not restored on the Register of Companies maintained by the Registrar of Companies, the Petitioner as well as its shareholders shall suffer irreparable loss and hardship and will be highly prejudiced. xiii. That the present petition is made bona fide and in the interest of justice. 4. Jurisdiction of the Tribunal: The petitioner declares that the matter of application/divetition/ appeal falls within the jurisdiction of the Tribunal. 5. Limitation: The applicant/ petitioner/ appellant further declare that the application/divetition/ appeal is within the limitation as prescribed in the provision of section 252 (3) read with section 433 of the Act. 6. Matter not pending with any other Tribunal etc: The petitioner further declares that the matter regarding this petition is not pending before any Tribunal of law or any other authority or any other Tribunal. 7. Relief(s) sought: In view of the facts mentioned in paragraph 3 above, the applicant/ petitioner/ appellant prays for the following reliefs) (Specify below the reliefs) sought explained the grounds for reliefs) and the legal provisions, if any, relied upon): i. Restore the name of the Company in the Register of the Companies as maintained by the Registrar of Companies, Rajathan ii. any other order as the Tribunal deems fit and proper in the best interest of the stakeholders of the Company. 8. Particulars in respect of the fee paid: An Amount of fees of Rs. ……. /- in the form of Demand Draft drawn ……………, …………… Branch, …………., having the Demand draft Number, ……. dated …., …., 2017, the Demand Draft is Enclosed in Annexure- 3. 9. Details of Index: An index containing the details of the documents to be relied upon is List of enclosures: Sr. No. Particulars Annexure 1 Copy of Memorandum and Articles of Association Annexure-1 2 Copy of list of struck off companies issued by ROC, Rajasthan and master data evidencing the struck of the name of the Company. Annexure-2 3 Evidence regarding payment of Fee Annexure-3 4 Affidavit Verifying the Petition Annexure-4 5 Memorandum of Appearance Annexure-5 6 Copy of Board Resolution & Vakalatnama Annexure-6 Dated this ………. day of ………., 2017._____________________________(Signature of the petitioner) Solemnly affirmed before me at on this… day of ………., 2017._____________________________(Signature)

Petition to sanction compromise or arrangement Download PDF Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.50/-) FORM NO. AMG.8 [Pursuant to section 230 & rule 13] Company Petition No of ...... of 20.... connected with Company Application No..... of 20.... (_________Ltd.)‐ (in liquidation, by its liquidator' ................................, if applicable) Petitioner Petition to sanction compromise or arrangement The petition of ______Ltd, ('in liquidation by its liquidator) the petitioner above named is as follows:‐ 1. The object of this petition is to obtain sanction of Tribunal to a compromise or arrangement whereby (here set out the nature of the compromise or arrangement). 2. The company was Incorporated under the [...] Act.................................. with a nominal capital of Rs [... ]divided into shares of Rs[…] each of which [ ...] shares were issued and Rs[... ] was paid up on each share issued. The objects for which the company was formed are as set forth in the company's Memorandum of Association. They are: (Set out the principal objects). [Here  set  out  the  nature  of  the  business  carried  on  by  the company, its financial position and the circumstances that necessitated the compromise or arrangement and the benefits sought to be achieved by the compromise or arrangement and its effect]. The compromise or arrangement was in the following terms:-[Here set out the terms of the compromise or arrangement]. By an order made in the above matter on […]the petitioner was directed to convene a meeting of [here set out the class of creditors or members of whom the meeting was to be held] of the company for the purpose of considering and, if thought fit approving with or without modifications. The said compromise or arrangement and the said order directed that […] or failing him […] should act as chairman of the said meeting and should report the result thereof to this Tribunal. Notice of the meeting was sent individually to the [here mention the class of creditors or members to whom the notice was sent] as required by the order together with a copy of the compromise or arrangement and of the statement required by section 231, 232 read with section 230 of the Act and a form of proxy. The notice of the meeting was also advertised as directed by the said order in (here set out the newspapers). On the [...], a meeting of (here mention the class of creditors or members whose meeting was convened) of the company duly convened in accordance with the said order, was held at [...]and the said [...], acted as the chairman of the meeting. The said [...], has reported the result of the meeting to this Hon'ble Tribunal. The said meeting was attended by (here set out the number of the class of creditors or members, as the case may be, who attended the meeting either in person or by proxy), and the total value of their [here mention debts, debentures or shares, as the case may be] is Rs[....] [in the case of shares, the total number and value of the shares should be mentioned]. The said compromise or arrangement was read and explained by the said [...], to the meeting and it was resolved unanimously [or by a majority of [...] votes against [...] votes] as follows:‐[Here set out the resolution as passed]. The sanctioning of the compromise or arrangement will be for the benefit of the company. Notice of this petition need not be served on any person. The petitioner therefore prays: That the said compromise or arrangement may be sanctioned by the Tribunal as to be binding on all the [here set out the class of creditors or members of the company on whom the compromise or arrangement is to be binding] of the said company and on the said company. Or such other order may be made in the premises as to the Tribunal shall deem fit. Verification etc. Petitioner [Note: The affidavit in support should verify the petition and prove any matters not proved in any prior affidavit, such as advertisement, holding of meetings, posting of notices, copies of compromise or arrangement and proxies etc., and should exhibit the report of the chairman and verify the same.] 'To be inserted where the company is being wound‐up. Note: If the company is being wound‐up, say so. Note: If any modifications were made in the compromise or arrangement, at the meeting, they should be set out in separate paragraph.

Application for determination of sickness Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-) FORM NO. RNR. 1 Application for determination of sickness [Pursuant to section 253 & rule 4(1)] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL, AT ____________BENCH IN THE MATTER OF SECTION …….. OF THE COMPANIES ACT, 2013, AND IN THE MATTER OF …………………… (State the name and registered office address of the company) AND IN THE MATTER OF ……………. (Applicant) (State the name and address of the applicant) Details of application: This application is being filed by :- Secured creditor of the company Debtor company Central government Reserve Bank of India State government PFI/ SLI/ Scheduled bank Any other, specify [* mention whichever is applicable] 2. Particulars of the applicant(s) (need not be stated where   company is the applicant) [Full name, age, description, father’s / husband’s name, occupation, capacity, i.e. qua shareholder, qua depositor and complete address of the applicant(s)] 3. Particulars of the company, whether applicant or not- Name of the company: CIN: Registered office address: E-mail id: Date of incorporation of company: Main business activities of the company: *Whether the company is listed: Yes No If yes, name of the stock exchange(s) where the company is listed [* mention whichever is applicable] 6. Name of the Regulatory Authority, if any, regulating the company 7. Facts of the case are: a. In case of secured creditor(s), Total amount of outstanding debt of the company: Amount demanded by the secured creditor: Date of service of the first notice of demand (not later than 30 days): b. In case of application by the Company: i.Total amount of outstanding debt of the Company; ii.Amount demanded by the secured creditor; iii. Date of service of first notice of demand. In case of State Government, the details of the undertaking of the company situated in such State: In case of PFI/ SLI/ Scheduled bank, Type of the financial assistance provided to the company: Amount of such assistance: Grounds for making this application: e. Any other facts of the case: 8. Jurisdiction of the Bench. The applicant declares that the subject-matter of the application is within the jurisdiction of the Bench 9. Relief sought. In view of the facts mentioned in para .….. above , the applicant 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) Interim order, if any, prayed for. Pending final decision on the application, the applicant seeks issue of the following interim order: (Give here the nature of the interim order prayed for with reasons) Particulars of Bank draft evidencing payment of fee for the application made: Branch of the Bank on which drawn: Name of the issuing branch: Demand Draft No. : Date: Amount (in Rs.): 12. List of enclosures: a. b. c. Signature of Applicant

Confirmation order of scheme of compromise or arrangement involving merger between FORM NO. AMG.15 [Pursuant to section 233&rule 24(6)] Confirmation order of scheme of compromise or arrangement involving merger between Ms……………………………..and Ms…………………………….. Pursuant to the provisions of section 233, the scheme of compromise, arrangement or merger of M/s …………………….(transferor company) with M/s………………………………….( transferee company) approved by their respective members and creditors as required under section 233(1)(b) and (d), is hereby confirmed and the scheme shall be effective from the …………………….day of ………………20… A copy of the approved scheme is attached to this order. Signature with seal Date Place Download Word Document In English. (Rs.5/-) Download PDF Document In Marathi. (Rs.5/-)

Memorandum of appearance FORM NO. NCLT. 12 (see rule 45)  To The Registrar, National Company Law Tribunal . . . . . . . . . .  Bench,  In the matter of  . . . . . . . . . . Petitioner.  V.  . . . . . . . . . . Respondent  (C.P. NO . . . . . . . . . . of 20 . . . . . . . . . . )  Sir, Please take notice that  I, AB, Company Secretary in practice/ practising Chartered Accountant/ practising Cost Accountant, duly authorised to enter appearance, and do hereby enter appearance, on behalf of . . . . . . . . . . petitioner/ opposite party/ Registrar/ Regional Director/ Government of . . . . . . . . . . in the above-mentioned petition.  *A copy of the resolution passed by the Board of Directors authorising me to enter appearance and to act for every purpose connected with the proceedings for the said party is enclosed, duly signed by me for identification. Yours sincerely,  Dated . . . . . . . . . . day of . . . . . . . . . .  Address:  Enclosure: as aforesaid Tele No.: Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

Memorandum of Appeal Preferred under Section 421 of The Companies Act, 2013  IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL  AT NEW DELHI APPELLATE JURISDICTION Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/)  APPEAL NO. _____OF 20---  CAUSE TITLE  Between  A.B. ………..Appellant (s)  And  C.D. ………..Respondent(s)  [including appropriate commission/adjudicating officer ] (with short address )  Details of Appeal [Appeal under section 421 of the Companies Act, 2013 against impugned order of the National Company Law Tribunal Order dated ……..passed under section ………………of the Companies Act, 2013.  2. Date on which the order appealed against is communicated and proof thereof, if any.  3. The address of the appellant for service is as set out hereunder: i) Postal address including PIN code ii) Phone number including mobile number. iii) E-mail iv) Fax No. v) Address of Legal Representative with Phone No., Fax No., e-mail   4. The address of the respondents for service of all notices in the appeal are as set out hereunder:  i) Postal address including PIN code  ii) Phone number  iii) E-mail  iv) Fax Number  v) Mobile Number  vi) Address of Counsel with Phone number, Fax number, e-mail and mobile number.  5. Jurisdiction of the Appellate Tribunal The appellant declares that the subject matter of the appeal is within the jurisdiction of this Tribunal.  6. Limitation The Appellant/s declare that the appeal is within the period specified in sub-section (3) of section 421 of the Act. (Explain how the appeal is within the period prescribed in case the appeal is preferred after the expiry of 45 days from the date of order/direction/decision against which this appeal is preferred). In case the appeal barred by limitation, the number of days of delay should be given along with interlocutory application for condonation of delay.  7. Facts of the case The facts of the case are given below: (Give here a concise statement of facts in a chronological order followed by elaboration of issues including the question of law arising in the appeal. Each paragraph should deal with, as far as possible a separate issue.  8. Formulate  (i) the facts in issue or specify the dispute between the parties and (ii) summarize the questions of law that arise for consideration in the appeal:  (a) Facts in issue  (b) Question of law  9. Grounds raised with legal provisions  10. Matters not previously filed or pending with any other court The appellant further declares that the appellant had not previously filed any writ petition or suit regarding the matter in respect of which this appeal is preferred before any court or any other authority nor any such writ petition or suit is pending before any of them. [In case the appellant previously had filed any such writ petition or suit, the stage at which it is pending and, if decided, the outcome of the same should be specified and a copy of the order should also be annexed].  11. Specify below explaining the grounds for such relief (s) and the legal provisions, if any, relied upon.  12. Details of Interim Application, if any, preferred along with appeal.  13. Details of appeal/s, if any preferred before this Appellate Tribunal against the same impugned order/direction, by Respondents with numbers, dates… and interim order, if any passed in that appeal (if known).  14. Details of Index [An index containing the details of the documents in chronological order relied upon is enclosed].  15. Particulars of fee payable and details of bank draft in favour of Pay and Accounts Officer, Ministry of Corporate Affairs, New Delhi. In respect of the fee for appeal. Name of the Bank _____________________Branch, ________  payable at Delhi.  DD No. _________________Date.  16. List of enclosures: 1. 2. 3. 4.  17. Whether the order appealed as communicated in original is filed? If not, explain the reason for not filing the same.  18. Whether the appellant/s is ready to file written submissions/arguments before the first hearing after serving the copy of the same on Respondents.  19. Whether the copy of memorandum of appeal with all enclosures has been forwarded to all respondents and all interested parties, if so, enclose postal receipt/courier receipt in addition to payment of prescribed process fee.  20. Any other relevant or material particulars / details which the appellant(s) deems necessary to set out:  21. Reliefs Sought In view of the facts mentioned in para 7 above, points in dispute and questions of law set out in Para 8, the appellant prays for the following relief (s) :  a) b) c)  Dated at ____________________this ________d ay of __________200 .  Counsel for Appellant(s) Appellant (s) DECLARATION BY APPELLANT  The appellant(s) above named hereby solemnly declare (s) that nothing material has been concealed or suppressed and further declare(s) that the enclosures and typed set of material papers relied upon and filed herewith are true copies of the original(s)/fair reproduction of the originals / true translation thereof. Verified at ________________on this at ____________day of ___________20---.  Counsel for Appellant (s)  APPELLANT(S)  Verification  I _____________________ (Name of the appellant ) S/o. W/o. D/o. [ indicate any one, as the case may be ] ___________ age_______________ working as _______________in the office of _______________resident of _____________do hereby verify that the contents of the paras _________ to ________________are true to my personal knowledge/derived from official record) and para _______________to ___________are believed to be true on legal advice and that I have not suppressed any material facts. Date : Place : Signature of the appellant or authorized officer

Advertisement of notice of the meeting of creditors or members FORM NO. AMG. 2 [Pursuant to Section 230 (3) &Rule 3(4)] Company Petition No ...... of 20..... ………………….Applicant(s) Advertisement of notice of the meeting of creditors or members Notice is hereby given that by an order dated the ...... 20 ... the Tribunal has directed a meeting (or separate meetings) to be held of [here mention 'debenture holders'. or 'first debenture holders' or' second debenture holders' or 'unsecured creditors' or 'secured creditors' or 'preference shareholders' or 'equity shareholders' as the case may be whose meeting or meetings have to be held] of the said company for the purpose of considering, and if thought fit, approving with or without modification, the compromise or arrangement proposed to be made between the said company and (here mention the class of creditors or members with whom the compromise or arrangement is to be made) of the company aforesaid. In pursuance of the said order and as directed therein further notice is hereby given that a meeting of (here set out the class of creditors or members whose meeting has to be held) of the said company will be held at….on....day the…day of................ 20...at........ O’clock in the noon at which time and place the said (here mention the class of creditors or members) are requested to attend [Where separate meetings of classes of creditors or members are to be held, set them out separately with the place, date and time of the meeting in each case.] Copies of the said compromise or arrangement, and of the statement under section 230 can be obtained free of charge at the registered office of the company or at the office of its authorized representative Shri.... at.......Persons entitled to attend and vote at the meeting (or respective meetings), may vote in person or by proxy, provided that all proxies in the prescribed form are deposited at the registered office of the company at... .... not later than 48 hours before the meeting. Forms of proxy can be obtained from the registered office of the Company. The Tribunal has appointed Shri.................................and failing him, Shri….as chairman of the said meeting (or several meetings). The abovementioned compromise or arrangement, if approved by the meeting, will be subject to the subsequent approval of the tribunal. Dated this ....day of....... 20..... Chairman appointed for the meeting (or as the case may be ) Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

NCLT procedure for filing liquidation Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/) Liquidation is the process of winding up of a firm or corporation by selling off its free assets to convert them into cash to pay off the unsecured creditors. The proceedings can be initiated under the Insolvency and Bankruptcy Code of India, 2016 filed under the National Company Law Tribunal. Under What circumstances shall NCLT pass an order of liquidation of a corporate debtor under the Insolvency and Bankruptcy Code 2016? The Insolvency and Bankruptcy code 2016(2) provides for the liquidation of the assets of the company. Here the liquidation process is initiated after considerable amount of time has been invested in the Insolvency process. Liquidation in normal terminology means selling off assets of the company to infer maximum amount of profit to be distributed among the creditors. In the Code Under section 33, the National Company Law Tribunal(3) can order for liquidation on the following grounds:- If there is non-receipt of a valid resolution plan If there is non-compliance of order 37 and 38 of the code and regulations stated there in If the committee of creditors decides for the liquidation process before confirming the resolution plan If the corporate debtor himself contravenes with any of the terms specified in the resolution plan Under this section, the NCLT makes a public announcement for the same, within 5 days of such announcement, a Liquidator is to be appointed. Here, until a Liquidator is appointed the Resolution Professional will be the Liquidator until declined by the NCLT. After the public announcement is made and the liquidator is appointed, another public announcement is made by the Liquidator calling for claims of creditors and stakeholders, within 30 days from the date of which such an announcement is made. A moratorium period begins after such an announcement. This means that no suit or legal proceedings can be initiated by or against the corporate debtor during the ongoing proceedings. During the entire process the entire management of the company stands dissolved, the Liquidator takes over all the assets of the company and initiates the liquidation process after consolidation and verification of all claims of the creditors. What are the powers and duties of liquidator appointed for the purpose of liquidation under the Insolvency and Bankruptcy Code 2016? A Liquidator is appointed by the NCLT within 5 days of the public announcement pertaining to the initiation of the Liquidation process. There are certain powers vested in the hands of the liquidator under the Code. The powers and duties are as follows as per the NCLT case status:   The duty to verify all the claims of the creditors The duty to take custody of all assets and preservation of any such assets of the creditors So that maximum value can be enhanced after the auction during the liquidation process. The duty to frame a strategy to sell off all the movable as well as the immovable estates and assets of the creditor to the maximum value of its worth The power to obtain any professional assistance for the process of liquidation The power and duty to invite and settle all claims of the creditors and to distribute the proceeds The duty to institute and defend any suit on behalf of the corporate debtor The power to investigate the financial affairs of the corporate debtor and determine any undervalued or preferential transactions The duty to submit the necessary reports about the proceedings 15 days after the end of each quarterly to the adjudicating authority i.e. the NCLT The power to consult the stakeholders Any other actions that need to be performed as specified by the Board specifically regarding the matter To whom does an appeal lie from the order of liquidator with regard to the determination of the valuation of claims and within how many days can an appeal be preferred? The liquidator has to either admit or reject the claims put forward by the creditors within 7 days. If you are aggrieved by the decision of the corporate debtor you can file an appeal against the decision in the NCLT within 14 days of the decision. When can a corporate debtor initiate voluntary liquidation proceedings? What procedure has to be followed for voluntary liquidation? A Corporate Debtor can file for a voluntary liquidation under Section 7 and Section 8 of the Insolvency and Bankruptcy Code which was earlier mentioned in section 304- section 313 of the Company’s Act 2013. He can initiate such proceedings against himself in the following two conditions:- If he has never defaulted in paying his debts and dues since incorporation If he is a solvent There are certain procedural conditions which the corporate debtor has to follow to initiate such proceedings. Declaration by majority of its directors to the Registrar of the companies, which says that:- Either they are free of debt; or The debt can be cleared off by the liquidation process, i.e. realisation of the assets. The Declaration consists of the following two elements: - Not liquidating to defraud any individual. Creditor or stakeholder. The declaration shall also be accompanied by the following documents. (a) Audited financial statement of the previous 2 years. (b) Valuation of the assets. (c) List of creditors and the amount which is due. Within 4 weeks of declaration the company has to commence a General meeting of the stakeholders, directors and members. In the General meeting a special resolution has to be passed where the majority votes for initiation of voluntary liquidation process. Then after passing the resolution, they have to name a liquidator for initiation of the process or The Memorandum of Association of the company says that the date and day of liquidation process was specified hence the liquidation should commence. After the resolution, the creditors have to approve the resolution in a reasonable time period. Within 7 days of Approval by Creditors notice of information has to be given to the Registrar of the company and the IBBI with a copy of the resolution. After this, the commencement of voluntary liquidation occurs.

General Form for all purposes if no specific form is prescribed under these rules and Forms   FORM NO.NCLT. 9  [see rule 72, 76, 82, 84, 88 and 154 and also  General Form for all purposes if no specific form is prescribed under these rules and Forms]  [HEADING AS IN FORM NCLT. 4]  Company Petition No . . . . . . . of 20 ....  Details of Application/ Petition: Particulars of the applicant/ petitioner/ appellant: Name of the applicant/ petitioner/ appellant  Address of registered office of the applicant/ petitioner/ appellant  Address of service of all notices  iv. Telephone/Fax Number and e-mail address, if any Particulars of the respondent(s):  v. Name of the respondent(s).  vi. Office address of the respondent(s).  vii. Address of respondent(s) for service of all notices.  viii. Telephone/Fax Number and e-mail address, if any. Application /Petition/ Appeal in the form of affidavit under Section of the Act for . . . . . . . . .  I, . . . . . . . . solemnly affirm and say as follows:  1. I am the Managing Director or Chairman of the Board of Directors/a director/ . . . . . . . . . . Of the above named company, and I have been a . . . . . . . . . . . . of the company since . . . . . . . . . 201 . . . . . . . . [the capacity in which the deponent swears to the affidavit should be set out.]  2. I have read the petition now shown to me and state that the statements made in paragraph 1 to thereof are correct and true to my knowledge. 4. Facts of the order against which appeal or review is filed: 5. 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). 6. Jurisdiction of the Tribunal: The applicant/ petitioner/ appellant declares that the matter of application/petition/ appeal falls within the jurisdiction of the Tribunal. 7. Limitation.- The applicant/ petitioner/ appellant further declares that the application/petition/ appeal is within the limitation as prescribed in the provision of section read with section 433 of the Act. 8. Matter not pending with any other Tribunal etc. - The applicant/ petitioner/ appellant further declares that the matter regarding with this application/ petition/ appeal has been made is not pending before any Tribunal of law or any other authority or any other Tribunal. 9. Particulars in respect of the fee paid in terms of the Schedule of Fees of these rules.- 1. Amount of fees 2. Name of the Bank on which Demand Draft is drawn or Online Payment is made 3. Demand draft number 10. Details of Index.- An index containing the details of the documents to be relied upon is enclosed. 11. List of enclosures.- 12. It is therefore prayed that directions may please be given: 1. Relief(s) sought.- In view of the facts mentioned in paragraph 5 above, the applicant/ petitioner/ appellant prays for the following reliefs) (Specify below the relief(s) sought explained the grounds for relief(s) and the legal provisions, if any, relied upon). 2. Interim order, if prayed for.- Pending final decision of application/ petition/ appeal, the applicant/ petitioner/ appellant prays for the following interim relief: (Give here the nature of the interim relief prayed for with reasons) Dated this . . . . . . . day of . . . . . . . . 20 (Signature of the applicant/ petitioner/ appellant) Solemnly affirmed before me at . . . . . . . . . . . . . . . on this (month) ... day of .... 20 . . . . . . . (signature Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

NOTICE OF ADMISSION  FORM NO. NCLT.  2 [See rule 34]  BEFORE THE NATIONAL COMPANY LAW TRIBUNAL  . . . . . . . . . . . BENCH : . . . . . . .  NOTICE OF ADMISSION  Date: . . . . . . . . . . . . . . . . . . . . . .  From: . . . . . . . . . . . . . . . . . . . . . .  (Insert name of party filing the Admission)  To :  The Registrar, NCLT ( . . . . . . . . . . . . . . . Bench). ... Applicant. –  Vs-  ............................... Respondent.  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: (Insert 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 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 under . . . . . . . NCLT Rules, 2016.  For rehabilitation :  Rehab. Petition No. Transfer Petition For Transferred. (CLB/BIFR/AIFp/HHC) No ( CP.No .OR . . . . . . . . . . . . . . )  Matters from the :  CLB/BIFR/AIFR/HHC For Other matters : Company Petition No. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.20/-)

Advertisement detailing petition [see rule 35] FORM NO. NCLT. 3A  Company Petition/Application/Reference No ..... of ...  Notice of petition A petition/application/reference under section ............................................ of the Companies Act, 2013, for ………………….. was presented by ..................................  on the .................................. day of ..... 20 ... ,  and the said petition is fixed for hearing before ……… bench of National Company Law Tribunal on .... .20 ...  Any person desirous of supporting or opposing the said petition/application/reference should send to the petitioner's advocate, notice of his intention, signed by him or his advocate, with his name and address, so as to reach the petitioner's advocate not later than 'two days before the date fixed for the hearing of the petition/application/reference. Where he seeks to oppose the petition/application/reference, the grounds of opposition or a copy of his affidavit shall be furnished with such notice.  A copy of the petition/application/reference will be furnished by the undersigned to any person requiring the same on payment of the prescribed charges for the same.  Dated .....  (Sd) .....  (Name) .....  (Advocate for petitioner)  Address: Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)