2 Definitions -The National Company Law Tribunal Rules, 2016

PART-I

²_[“Definitions and forms etc."]

2. Definitions - In these rules, unless the context otherwise requires,

(1)‘Act’ means the Companies Act,2013 (18 of2013);

(2)"address for service" shall mean the address furnished by a party orhisauthorisedrepresentativeatwhichserviceofsummons,noticesorotherprocessesmaybeeffectedundertheserules;

(3)“advocate" means a person who is entitled to practise as such undertheAdvocatesAct,1961(25of1961);

(4)“applicant" means a petitioner or an appellantoranyotherperson orentitycapableofmakinganapplicationincludinganinterlocutoryapplicationora petitionor anappealundertheAct;

(5)"application" means any application, 1[Omitted]orproceedings filed under the provisions of the Act, including anytransferredapplicationor transferredpetitionas definedundersub-rule(29);

(6)"authorised representative" means a person authorised in writing byapartytopresenthiscasebeforetheTribunalas therepresentativeof suchpartyas providedundersection432of theAct;

(7)"Bench" means a Bench of the Tribunal constitutedundersection419of the Act and includes Circuit Benches constituted by the President withpriorapprovaloftheCentralGovernmenttositatsuchothergeographicallocationsas maybe necessaryhavingregardtorequirements;

(8)“Central Registry" means the registry in which all theapplicationsorpetitions and documents are received by the Registrar for allocation totheconcernedBenchoftheTribunalfordisposal;

(9) " certified’meansinrelationtoa copyof a documentas hereunder;—

(a)certifiedas providedinsection76 of theIndianEvidence Act,1872;or

(b)certifiedasprovidedinsection6 ofInformationTechnologyAct,2000;or

(c)certifiedcopy issuedbytheRegistrar of Companiesunderthe Act;

(d)copy of document as may be a downloaded from any onlineportalprescribed under section 398 of the Act or a photo copy of theoriginalpertaining to any company registered with the Office of the RegistrarofCompaniesoftheconcernedStatedulycertifiedbyalegalpractitioneror 2["or a chartered accountant in practice or a cost accountant in practice or a company secretary in practice"];

(10)"certified by Tribunal’ means in relation to a copy of adocument,certified to be a true copy issued by the Registry or of a Bench of theTribunalunder its hand and seal and as provided in section 76 of the IndianEvidenceAct, 1872 ( I of1872);

(11) "creditor" meansanypersonto whom a debtisowed;

(12) "fee" means the amount payableinpursuanceoftheprovisionsoftheAct and these rules for any petition or applicationor interlocutory applicationor a document or for certified copy of document or orderoftheTribunalorsuchotherpaperasmaybespecifiedinScheduleofFeestotheserulesandincludes any modifications as may bemadetheretoor anyfeeasprescribedfor filingof documentstothe Tribunalbytheserules;

(13) “filer" means an authorised representative of that person or any partytotheproceedingswhofiles anydocumentwiththeTribunalinrelationtoacasefiled under the Act, or any rulesthereunder;

(14)"filed"meansfiledintheofficeoftheRegistryoftheTribunal¡

(15) “interlocutory application"meansan applicationinanyappeal ororiginal petition on proceeding alreadyinstitutedintheTribunal,butnotbeinga proceedingfor executionof theorder or directionof Tribunal;

(16)“party’ means a person who prefers an appeal or application orpetitionbefore the Tribunal and includes respondent or any person interested in thesaid appeal or application or petition including the Registrarof Companiesorthe Regional Director or Central Government or State Government orofficialliquidator and any person who has a rightunderthe Act,or theReserveBankof India Act 1934 (2 of 1934) to make suggestions or submissions orobjections orreply;

(17)"petition’ means a petition or an application or an appeal or acomplaintin pursuance of which any proceeding is commenced before theTribunal;

(18) "person interested" means a shareholder, creditor, employee,transfereecompanyandothercompanyconcernedinrelationtothetermorcontext referred to in the relevant provisions of the Act or any person aggrieved byanyorder or actionof any companyor its directors;

(19)"pleadings" means and includes application includinginterlocutoryapplication, petition, appeal, revision, reply, rejoinder,statement, counterclaim,additionalstatement supplementingtheoriginalapplicationandreplystatementundertheserules andas may be permittedbythe Tribunal;

(20)"reference" means a reference within the meaning of rule88of theserules;

(21) ‘Registrar’ means Registrar of the Tribunal andincludessuchotherofficer of the Tribunal or Bench to whom the powers and functions ofthe Registrarisdelegated;

(22)“Registry"meanstheRegistryoftheTribunaloranyofitsBenches,asthe case may be, which keeps records of the applications anddocumentsrelatingthereto;

(23)"Reserve Bank" means the Reserve Bank of India and includesitsbranches and agencies as defined in the Reserve Bank of India Act,1934 (2of1934);

(24)“Sealed" means sealed with the seal of theTribunal;

(25)‘Secretary" means Secretary of the Tribunal and in the absenceofSecretary, such other officer of the Tribunal towhomthepowers andfunctionsof theSecretaryaredelegated.

(26)"secured creditor" meansacreditorinwhosefavourasecurity interestiscreated;

(27)"security Interest" means right, title or interest or a claim toproperty,createdinfavourof,orprovidedforasecuredcreditorbyatransactionwhichsecures payment or performance of an obligationandincludesmortgage,charge,hypothecation,assignmentandencumbranceoranyotheragreementor arrangement securing payment or performance of any obligation ofany person:

Providedthatsecurityinterestshallnotincludeaperformanceguarantee.

(28)“section’ means a section of theAct;

(29)"transferred application" or "transferred petition" meansany proceedingwhichhasbeentransferredtotheTribunalfromtheCompanyLawBoard, the High Court, District Court, Board for Industrial andFinancialReconstructionasprovidedinclause(a),(c)and(d)ofsub—section(1)ofsection 434 of theAct;

(30)words and expressions used hereinandnotdefinedbutdefinedin theActshall havetherespectivemeaningsassignedtothemin theAct.

Amendment

1. Omitted as per the MCA Notification for The National Company Law Tribunal (Amendment) Rules, Dated 20th December, 2016.

Original Content:

(a) in clause (5), the words "interlocutory application" shall be omitted;

2. Substituted as per the MCA Notification for The National Company Law Tribunal (Amendment) Rules, Dated 20th December, 2016.

(a) in “Part-I”, for the heading, “Definitions, forms and etc.”, the heading “Definitions and forms etc.’ shall be substituted;

(b) In clause (9), in sub-clause (d),

for the words "or a chartered accountant or a cost accountant or a company secretary",

the words "or a chartered accountant in practice or a cost accountant in practice or a company secretary in practice" shall be substituted.