KEY POINTS TO BE KEPT IN MIND WHILE FILING PETITION

Key points to be kept in mind while filing petition

Key points to be kept in mind while filing petition/application under section 252(1) or section 252 (3) of the Companies Act, 2013 before the NCLT court

INTRODUCTION

As we all knows that Central Government notified NCLT Rules, 2016 on 21st of July, 2016 through notification in the official gazette. The provisions specify the professionals i.e., Company Secretaries, Chartered Accountants and Advocates who can practice before the NCLT or NCLAT. As we the Company Secretaries are new to this field, most of us find it difficult to file application or petition for revival of company[1] or any other document or appear before the NCLT as we are not much aware of the procedural aspects of the court.

Apart from general, an attempt has been made to understand the procedural aspects of filing petition/application before the NCLT. I have enumerated the key points to be kept in mind while going for revival of company before NCLT court.

IMPORTANT DEFINITIONS:

(a). “Applicant” means a petitioner or an appellant or any other person or entity capable of making an application including an interlocutory application or a petition or an appeal under the Act;

(b). “filer” means an authorised representative of that person or any party to the proceedings who files any document with the Tribunal in relation to a case filed under the Act, or any rules thereunder;

(c). “Petition” means a petition or an application or an appeal or a complaint in pursuance of which any proceeding is commenced before the Tribunal;

(d). “Pleadings” means and includes application including interlocutory application, petition, appeal, revision, reply, rejoinder, statement, counter claim, additional statement supplementing the original application and reply statement under these rules and as may be permitted by the Tribunal;

(e). “Reference” means a reference within the meaning of rule 88 of these rules;

SITTING HOURS OF NCLT

The Court remains open on all working day from 9.30 A.M. to 6.00 P.M except on Saturdays, Sundays and other national holidays. However, it is just a myth and the bench may stand up before timings as stated above and may sit after 6 P.M. also. Filing Counter of the Registry remains open on all working days from 10.30 AM to 5.00 P.M. It is on the first floor of the building.

INSTITUTION OF PROCEEDINGS, PETITION, APPEALS ETC- SOME IMPORTANT SUGGESTIONS

The petition or appeal or application to be filed before the NCLT shall be in English and in case it is in any other language it shall be accompanied with a copy in English;

It shall be on the legal pages, written fairly and should be in legible form;

It shall be lithographed or printed in double spacing on one side of standard petition paper;

The inner margin shall be about 4 cm, 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;

An Appeal or petition or application 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;

In case fresh parties are brought in, they may be numbered consecutively in the particular category, in which they are brought in;

Every proceeding shall state immediately after the cause title the provision of law under which it is preferred;

As per the latest filing done by us now 3 (Three) sets of appeal/petition under Section 252 are to be filed before the NCLT and not 2 (Two), please keep this in mind. Apart from that 1 (One) set is to be filed with the RoC that means 5 (Five) sets are to be made 3 for NCLT, 1 for RoC and 1 for your record. The same is also provided under Rule 23 of the NCLT Rules, 2016;

All documents accompanied with the appeal or petition shall be certified. True copy stamped on all Annexures;

At the foot of every petition or appeal or pleading there shall appear the name and signature of the authorised representative;

Once the petition or application is admitted before the

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Key points to be kept in mind while filing petition Format

Need a reliable Key points to be kept in mind while filing petition for Indian use? Download this customisable legal template on Contract Easily in PDF or Word, fill in parties, dates and particulars, and execute with the attestation or stamp formalities that apply in your State.

What is a Key points to be kept in mind while filing petition?

A Key points to be kept in mind while filing petition is a ready-to-use court pleading / petition under the General Agreements collection. It sets out the roles of the parties, the subject matter, and the operative terms you must complete before signing. In India such drafts are generally read with the Indian Contract Act, 1872 and any subject-specific statute that fits the document (for example CPC/BNSS for pleadings, Transfer of Property / Registration practice for deeds, or stamp/notary rules for affidavits)—customise only what truly applies to your facts.

From the operative draft, this template typically covers points such as: “NCLT 12 representing the respective parties to the proceedings, it shall be notarised on a stamp paper of 20/- rupees; 8.”

Why is a Key points to be kept in mind while filing petition Important?

Clarity of parties and purpose: Reduces disputes over who is bound and what was agreed.
Structured blanks: Forces completion of names, dates, amounts, schedules and annexures.
Risk allocation: Keeps operative clauses (consideration, duties, default, termination) visible before signing.
Evidence value: A filled, signed template is far stronger than informal chats or unsigned drafts.
Process readiness: Helps you prepare for notary, registration, filing or commercial execution as applicable.
Faster turnaround: Starts from a tested skeleton instead of a blank page.

Key Elements of the Key points to be kept in mind while filing petition Format

Title and parties: Full legal names and addresses of every side.
Recitals / background: Short context of why the document is being made.
Operative clauses: The binding promises, rights and duties.
Consideration / fees / amounts: Money, services or other exchange, if any.
Schedules and annexures: Property, equipment, claims or particulars lists.
Duration, renewal and termination: How long it runs and how it ends.
Default and remedies: What happens on breach.
Governing law / dispute route: Indian law and forum/arbitration as drafted.
Execution block: Signatures, witnesses, date and place.
Stamp / attestation notes: Complete as required in your State.

Who Should Use This Key points to be kept in mind while filing petition Format?

Individuals, firms and companies that need a practical Indian court pleading / petition.
Advocates and clerks who want a clean starting draft to customise.
Businesses standardising vendor, HR, property or litigation paperwork.

Download Your Ready-to-Use Key points to be kept in mind while filing petition Now

Get instant access to this Key points to be kept in mind while filing petition on Contract Easily. Customise the blanks, review with counsel where stakes are high, and download for execution.

Final Note

This template is a general format for convenience. It is not a substitute for advice from a qualified Indian advocate. Stamp duty, registration, court fees and attestation rules vary by State and document type—confirm local requirements before signing or filing.

Important Guidelines

Customise this Key points to be kept in mind while filing petition to your facts: enter party names and addresses exactly as on ID or incorporation records, fill all blanks (dates, amounts, schedules), and keep operative clauses intact unless counsel advises otherwise. Confirm State stamp, notary, registration or filing rules before signing, and keep copies of the executed set. This is a general Indian court pleading / petition template—not a substitute for advice from a qualified advocate.

Supporting Documents

Documents commonly required when preparing and executing a Key points to be kept in mind while filing petition. Exact lists vary by State and receiving authority.

Photo identity proof of parties / deponent
Aadhaar, PAN, passport, voter ID, or driving licence.
When: Always, for identification and KYC.
Address proof
Aadhaar, utility bill, or other accepted address proof.
When: Usually required for notarization / filing.
Supporting title or factual documents
Prior deeds, agreements, notices, court papers, or records relevant to this template.
When: When the document relies on earlier transactions or proceedings.
Passport-size photographs
As required by the notary or filing office.
When: Often for affidavits and certain applications.
Stamp paper (if applicable)
Non-judicial stamp paper of the local required denomination.
When: Where State law requires the instrument on stamp paper.

Frequently asked questions

What is a Key points to be kept in mind while filing petition?→

It is a standard Indian legal court pleading / petition template you can customise with parties, dates and particulars, then execute or file as your facts and local practice require.

Is this template valid across India?→

The structure is drafted for Indian legal practice, but stamp duty, registration, court fee and attestation rules are State-specific. Confirm requirements where you will execute or file.

Do I need a lawyer to use this template?→

It is a strong starting point. For disputed, high-value or complex matters, have a qualified Indian advocate review the completed draft before signing.

Can I edit the wording?→

Yes—adapt particulars to your facts. Do not delete operative legal clauses without advice, as that can weaken enforceability.

What stamp paper value should I use?→

Stamp duty depends on the document type and your State. Check the local stamp schedule or ask a stamp vendor / advocate before printing.