Presentation by CS Sharad Rajwanshi B Com FCS
Presentation by CS Sharad Rajwanshi, B. Com, FCS, LLb at West Delhi Study Circle of NIRC OF ICSI. Sunday, the 5 th of November 2017 at Pitampura. SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
DISQUALIFICATION OF DIRECTORS U/S 164(2) OF COMPANIES ACT, 2013 and REVIVAL OF THE COMPANIES U/s 252 OF THE COMPANIES ACT, 2013 with PREPARATION OF PETITION, APPEARANCE AND COURT CRAFT CS SHARAD RAJWANSHI, B. COM, FCS. , LLB S. R AJW ANSHI & CO. , COMPANY S EC RET ARIES NEW DELHI SHARAD@RAJWANSHI. COM SHARADRAJWANSHI@GMAIL. COM 9811193114, 9312593114, 011 -25270734
OUR TAKEAWAYS TODAY? • DISQUALIFACTION OF DIRECTORS AND REMEDIES AVAILABLE • PRACTICAL ASPECTS OF INDUCTION OF NEW DIRECTORS • PROCEDURE TO BE FOLLOWED FOR RESTORATION • PREPARATION OF PETITION, APPEARANCE AND COURT CRAFT • A FEW DO’s and DONT’ s • REMEDIAL MEASURES FOR DISQUALIFICATION OF DIRECTORS • JUDGMENTS u/s 252. • MOST COMMON FAQs. SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
IMPORTANT DATES • 01. 04. 2014 • Section 164 Notified • 26. 12. 2016 • Section 248 to 252 Notified • 5. 7. 2017 • 22. 9. 2017 • Rule 87 A of NCLT (Amendment) Rules Notified • 3, 19, 637 directors have been identified and flagged as disqualified under Section 164 (2) (a) of the Companies Act, 2013 SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
DISQUALIFICATION OF DIRECTORS U/S 164(2) OF COMPANIES ACT, 2013 {274(1)(G), CA, 1956} SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
Section 164 - Disqualification for appointment of Directors Section 164(2) No person who is or has been a director of a company which— (a) has not filed financial statements or annual returns for any continuous period of three financial years; or (b) has failed to repay the deposits accepted by it or pay interest thereon or to redeem any debentures on the due date or pay interest due thereon or pay any dividend declared and such failure to pay or redeem continues for one year or more, shall be eligible to be re-appointed as a director of that company or appointed in other company for a period of five years from the date on which the said company fails to do so. SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
EXEMPTION TO SECTION 164(2) Section 164(2) shall not apply to a Government Company vide Notification No. GSR 463(E) dated 5 th June, 2015. The above mentioned exception shall be applicable to a Government company which has not committed a default in filing its Financial Statements under Section 137 or Annual Return under Section 92 with the Registrar vide amendment Notification F. No. 1/2/2014 -CL-V dated 13 th June, 2017
APPLICABLE CIRCULAR Company Law Settlement Scheme, 2014 (CLSS-2014)-Clarification under Section 164(2) of Companies Act, 2013 Representations have been received from the stakeholders seeking clarification as to whether immunity from disqualification of directors pursuant to clause (a) of sub-section (2) of Section 164 of Companies Act, 2013 will be applicable with respect to companies who have filed Balance Sheets and Annual Returns on or after 01. 04. 2014 but before coming into force of CLSS-2014 with effect from 15. 08. 2014 as contained in General Circular No. 34/2014 dated 12. 08. 2014. The matter has been examined and it is hereby clarified that in case of companies who have filed Balance Sheets and Annual Returns on or after 01. 04. 2014 but prior to launch of CLSS-2014, disqualification under clause (a) of sub-section (2) of Section 164 of Companies Act, 2013 shall apply only for prospective defaults, if any, by such companies. SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
GENERAL CIRCULAR 41/2014 DATED 15. 10. 2014. • Before interpreting the provisions of Section 164(2) and its applicability as prospective or retrospective, it would be important to refer to the General Circular 41/2014 dated 15. 10. 2014 issued by Ministry of Corporate Affairs. • The said circular dated 15. 10. 2014 was issued by the MCA on the clarification been sought by the Stakeholders that whether the directors of the Companies who have filed their (past) balance sheets or annual returns after 01. 04. 2014 but before the Company Law Settlement Scheme 2014 (CLSS-2014) [15. 08. 2014] will get immunity from disqualification under Section 164(2)(a). As per the said circular, the MCA has clarified that the disqualification will be applicable for the prospective defaults of such companies directors who have filed their Balance Sheets and Annual returns on or after 01. 04. 2014 but before CLSS-2014 i. e. before 15. 08. 2014. • In other words, it can be said that the provisions of Section 164 (2) are not prospective in nature that is the three financial years will not be counted from 01. 04. 2014 (the day the section became effective) but even in case where the balance sheets or annual returns of previous years i. e. prior to 01. 04. 2014 have not been filed for consecutive period of three years and such default continues after 01. 04. 2014, the directors of such companies will be considered as disqualified. The prospective effect of disqualification will be applicable on such companies who have prior to 15. 08. 2014 have complied with filing of its past balance sheets or annual return as the case may be. SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
Section 167 • 167. Vacation of office of director • (1) The office of a director shall become vacant in case— • (a) he incurs any of the disqualifications specified in section 164; Etc…. SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
MCA IDENTIFIES DIRECTORS OF SHELL COMPANIES FOR DISQUALIFICATION • Pursuant to the action of the Ministry of Corporate Affairs (MCA) of cancellation of registration of around 2. 10 lakh ( ) defaulting companies and subsequent direction of the Ministry of Finance to banks to restrict operations of bank accounts of such companies by the directors of such companies or their authorized representatives, 2, 09, 032 3, 19, 637 • The Ministry of Corporate Affairs (MCA) has identified directors for disqualification under Section 164(2)(a) of the Companies Act, 2013 as on September 22, 2017. SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
• The ministry of Corporate Affairs state that the Directors disqualified under Section 164(2)(a) of the Companies Act, 2013 and who are associated with struck off companies (S. 248) are advised not to make any application for Name Availability (INC-1), Incorporation of Companies (INC-7/SPICe-INC-32/URC-1/INC 12). • Forms filed by such Directors shall be rejected summarily by the Central Registration Centre(CRC). • Further, attention is drawn to the provisions of Section 7(5) and 7(6) which, interalia, provides that furnishing of any false or incorrect particulars of any information or suppression of any material information shall attract punishment for fraud under Section 447. • Attention is also drawn to the provisions of Section 448 and 449 which provide for punishment for false statement and punishment for false evidence respectively. SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
DELHI HIGH COURT ORDER ON DISQUALIFICATION OF DIRECTORS Writ Petition filed on behalf of few leading industrialists, who were named in the list of disqualified directors issued by the ROC and published on the website of MCA, the Hon’ble Delhi High Court vide its order dated 10. 2017 was pleased to stay the direction disqualifying the petitioners from acting as directors of companies. SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
MADRAS HIGH COURT INTERIM ORDER ON DISQUALIFICATION OF DIRECTORS The Madras High Court has issued an interim stay against an order of the Registrar of Companies (Ro. C), Chennai, disqualifying an individual from being director under the Companies Act, 2013, for five years till 2021. The court has also issued notice of motion to the Centre and the Registrar of Companies, in a petition filed by an individual director. The petition was filed by R Ganapathi, who has been the director at RSG Engineering and Constructions Pvt Ltd, Deccan Softlab Pvt Ltd and Projelec Marketing and Management Pvt Ltd, which weren't operative and were struck off from the Register of Companies prior to 2010. SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
REMOVAL OF DISQUALIFICATION OF DIRECTORS SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
APPLICABLE RULE Rule 14 of Companies (Appointment and Qualification of Directors) Rules, 2014 Rule-14 -Disqualification of directors sub-section (2) of section 164: (1) Every director shall inform to the company concerned about his disqualification under sub-section (2) of section 164, if any, in Form DIR-8 before he is appointed or re -appointed. (2) Whenever a company fails to file the financial statements or annual returns, or fails to repay any deposit, interest, dividend, or fails to redeem its debentures, as specified in sub-section (2) of section 164, the company shall immediately file Form DIR-9, to the Registrar furnishing therein the names and addresses of all the directors of the company during the relevant financial years. SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
(3) When a company fails to file the Form DIR-9 within a period of thirty days of the failure that would attract the disqualification under sub -section (2) of section 164, officers of the company specified in clause (60) of section 2 of the Act shall be the officers in default. (4) Upon receipt of the Form DIR-9 under sub-rule (2), the Registrar shall immediately register the document and place it in the document file for public inspection. (5) Any application for removal of disqualification of directors shall be made in Form DIR-10. SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
DIRECTORS OF FAMOUS CORPORATES BEING DISQUALIFIED UNDER MCA ACTION • Pawan Goenka of Mahindra and Mahindra, • S Narayan of Apollo Tyres. BSE 1. 23 % and Dabur, • Vinod Kumar Dasari of Ashok Leyland, • S Sridhar of DCB Bank and • GV Krishna of Hindustan Petroleum SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
PROCESS OF INDUCTION OF NEW DIRECTORS • The same is permitted u/s 167 (3) of the Companies Act, 2013 which sates as under • “Where all the directors of a company vacate their offices under any of the disqualifications specified in sub-section (1), the PROMOTER or, in his absence, the Central Government shall appoint the required number of directors who shall hold office till the directors are appointed by the company in the general meeting. ” SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
Practical Aspects of Induction of New Directors u/s 167(3) • Obtain DIN, if required, for new Directors. • Convene Eo. GM of Members on Requisition. • Prepare Minutes of Eo. GM. • Affidavit by DISQUALIFIED DIRECTORS. • Affidavit by NEW PROPOSED DIRECTORS. • Form INC 9, and Form DIR 2, for ROC • Form DIR 8 and Form MBP 1 for the Company • Directors Master Data from MCA site. • Form DIR 12 with Applicable Fee, • Proof of Shareholding like Share Certificates, Register of Members. • Detailed Application to be signed by the Promoters. SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
• RESTORATION OF COMPANIES U/S 252 OF THE COMPANIE ACT, 2013 SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
APPLICABILITY OF SECTION 248 (POWER OF REGISTRAR TO REMOVE NAME OF COMPANY FROM REGISTER OF COMPANIES) AND RESTORATION PROCESS for REVIVAL OF THE COMPANIES UNDER SECTION 252 OF THE COMPANIES ACT, 2013 SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
TO WHICH COMPANIES Sec 248 HAS NOT HIT. (i) l isted companies; (ii)compan ies that h ave been delisted due to no n-compliance of listing regulations or listing ag reement or any other statutory laws; (iii)vanish ing companies; (iv)compan ies wh ere inspection or investigati on is ordered and being carried out or a ctions on such order are yet to be taken up or were completed but prosecutions a rising out of such inspection or investigatio n are pending in the Court; (v)compan ies where notices under section 234 o f the Companies Act, 1956 (1 of 1956) or section 206 or section 207 of the Act have been issued by the Registrar or Inspecto r and reply thereto is pending or repo rt under section 208 has not yet been s ubm itted or follow up of instructions on r ep ort under section 208 is pending or where an y prosecution arising out of such inq uiry or scrutiny, if any, is pending with the Cour t;
(vi) companies against which any prosecution for an offence is pending in any court; (vii) companies whose application for compounding is pending before the competent authority for compounding the Offences (viii) companies, which have accepted public deposits which are either outstanding or the company is in default in repayment of the same; (ix) companies having charges which are pending for satisfaction; and (x) companies registered under section 25 of the Co Act, 1956 or Section 8 of the Act of 2013. * Explanation. - For the purposes of clause (iii), the expression “vanishing company” means a company, registered under the Act or previous company law or any other law for the time being in force and listed with Stock Exchange which has failed to file its returns with the Registrar of Companies and Stock Exchange for a consecutive period of two years, and is not maintaining its registered office at the address notified with the Registrar of Companies or Stock Exchange and none of its directors are traceable. SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
EFFECTS OF CLOSURE SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
RESTORATION PROCESS FOR COMPANIES STRUCK OFF BY REGISTRAR OF COMPANIES SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
WHICH COMPANIES CAN APPLY? AS PER SECTION 249, ALL OTHER COMPANIES EXCEPT AS MENTIONED BELOW CAN APPLY FOR RESTORATION OF NAME: Any company, if at any time in the previous three months: (a) has changed its name or shifted its registered office from one state to another; (b)has made a disposal for value of property or rights held by it, immediately before cesser of trade or otherwise carrying on of business, for the purpose of disposal for gain in the normal course of trading or otherwise carrying on of business; (c)has engaged in any other activity except the one which is necessary or expedient for the purpose of making an application under that section, or deciding whether to do so or concluding the affairs of the company, or complying with any statutory requirement; (d)has made an application to the tribunal for the sanctioning of a compromise or arrangement and the matter has not been finally concluded;
WHO CAN APPLY? According to Section 252, Any person aggrieved by an order of the Registrar, notifying a company as dissolved under section 248, may file an appeal. This includes: • Company • Members • Creditors • Workman SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
WHERE TO APPLY? APPEAL SHALL BE MADE TO THE HON’BLE TRIBUNAL. *As per section 2 (90), “Tribunal” means the National Company Law Tribunal constituted under Section 408 of Companies Act, 2013 SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
S. NO NAME OF BENCH LOCATION TERRITORIAL JURISDICTION OF THE BENCH 1. (a) National Company Law Tribunal, Principal Bench. (b) National Company Law Tribunal, New Delhi Bench. New Delhi (1) State of Rajasthan. (2) Union territory of Delhi. 2. (a) National Company Law Tribunal, Ahmedabad Bench. Ahmedabad (1) State of Gujarat. (2)State of Madhya Pradesh. (3) Union territory of Dadra and Nagar Haveli. (4) Union territory of Daman and Diu.
6. National Company Law Tribunal, Chennai Bench. Chennai (1) State of Kerala. (2) State of Tamil Nadu. (3) Union territory of Lakshadweep. (4) Union territory of Puducherry. 7. National Company Law Tribunal, Hyderabad Bench. Guwahati (1) State of Arunachal Pradesh. (2) State of Assam. (3) State of Manipur. (4) State of Mizoram. (5) State of Meghalaya. (6) State of Nagaland. (7) State of Sikkim. (8) State of Tripura.
Appeal against the order of NCLAT shall lie before Supreme Court within 60 days from the date of order of NCLAT • 11 Benches • Principal Bench at New Delhi NCLAT • New Delhi Bench • New Delhi SUPREME COURT NCLT SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com Appeal against the order of NCLT shall lie before NCLAT within 45 days from the date of order of
WHEN TO APPLY? As per Section 252 (1), Any person aggrieved by an order of the Registrar, notifying a company as dissolved under section 248, may file an appeal to the Tribunal within a period of THREE YEARS from the date of the order of the Registrar. SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
OR WHEN TO APPLY? As per Section 252 (3), If a company, or any member or creditor or workman thereof feels aggrieved by the company having its name struck off from the register of companies, the Tribunal on an application made by the company, member, creditor or workman before the expiry of twenty years from the publication in the Official Gazette of the notice under sub-section (5) of section 248 may, if satisfied that the company was, at the time of its name being struck off, carrying on business or in operation OR otherwise it is just that the name of the company be restored to the Register of companies, order the name of the company to be restored to the register of companies, and the Tribunal may, by the order, give such other directions and make such provisions as deemed just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off from the register of companies. SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
WHY NCLT WILL RESTORE THE COMPANY AS PER SECTION 252(1) If the Tribunal is of the opinion that the removal of the name of the c o m p a n y f r o m t h e R e g i s t e r o f C o m p a n i e s i s not justified i n v i e w o f the absence of any of the grounds on which the order was passed by t h e R e g i s t r a r , i t may o r d e r r e s t o r a t i o n o f t h e n a m e o f t h e c o m p a n y in the Register of Companies. SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
WHAT NCLT WILL DO WHILE ENTERTAINING THE MATTER? As per Section 252(1) Proviso, Before passing any order under this section, the Tribunal shall give a reasonable opportunity of making representations and of being heard to the Registrar, the company and ALL the persons concerned. SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
PREPARATION OF PETITION, APPEARANCE AND COURT CRAFT SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
PRE-REQUISITES TO FILE APPEAL/APPLICATION As per Rule 87 A of NCLT (Amendment) Rules, *Notified on 05. 07. 2017 (1) An appeal under sub-section (1) or an application under sub-section (3) of section 252, may be filed before the Tribunal in Form No. NCLT 9, with such modifications as may be necessary. (2) A copy of the appeal or application, shall be served on the Registrar and on such other persons as the Tribunal may direct, not less than FOURTEEN DAYS before the date fixed for hearing of the appeal or application, as the case may be. (3) Upon hearing the appeal or the application or any adjourned hearing thereof, the Tribunal may pass appropriate order, as it deems fit. SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
Form 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] Company Petition No. . . . of 20. . SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
DETAILS OF APPLICATION/ APPEAL: • Particulars of the applicant/ petitioner/ appellant: i. Name of the applicant/ petitioner/ appellant ii. Address of registered office of the applicant/ petitioner/ appellant iii. 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 SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
• 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 APPEAL 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). SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
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 SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
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) SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
Dated this. . . . day of. . . . 20…. . (Signature of the applicant/ petitioner/ appellant) Solemnly affirmed before me at. . . on this (month). . . day of. . 20. . . (signature) SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
FIRST SET OF DOCUMENTS REQUIRED FOR PREPARING YOUR CASE • STK-1 • STK-5 • STK-6 • STK-7 • Master Data • Signatory Details • Charge Details • Directors Master Data SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
SECOND SET OF DOCUMENTS REQUIRED FOR FILING OF APPEAL • Details of Applicants. • Details of the Company. • Capital Structure of the Company. • Registered Office of the Company. • Business of the Company. • Facts of the case. • Admission of default. SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com Contd.
• Reasons of default. • Steps taken to prove the bonafide. • Grounds of appeal • Limitation • Jurisdiction • Affidavits • Court fee • Prayer • Interim • Final • Memorandum of Appearance SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
HOW TO FILE AN APPEAL Application under this Section shall be filed in Form No NCLT. 9 being amended time to time. *Latest amendment on 05. 07. 2017 after adding Rule 87 A and New Form NCLT. 9 SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
Demand Draft favouring……? ? ? PAY AND ACCOUNTS OFFICER, MINISTRY OF CORPORATE AFFAIRS, NEW DELHI. SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
Other Documents to be filed 1. INDEX 2. LIST OF EVENTS 3. DATES OF EVENTS 4. SYNOPSIS 5. ANNEXURES 6. MEMORANDUM OF APPEARANCE 7. DEMAND DRAFT SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
FEW DO’s AND DONT’s SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
A Few DOs… • Always appear with your Facts and Files. • Always appear in a proper Uniform. • Throw away gum, food, and drinks before entering the courtroom. • Always Mark/Flag your Documents. • Always submit a duly numbered Documents. • Always argue your Case, no matter how weak it is. • Always try to get Justice for your Client. • Stand when you are speaking to the judge. • Always do your homework. • Never interrupt the judge. SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
DONTs • Don’t present a case in Unprofessional Manner. • Don’t miss your Hearing Date. • Be smart but Don’t Act Smart. • Don’t Assume the Bench Knows the Facts. (The Facts are different in each case). • Don’t take the Bench for Granted. • Don’t Compromise of Professional Standards and Ethics. • Don’t Lie on Oath. • Don’t Expect Miracles. • Don’t take things personally. SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
FEW JUDGEMENTS UNDER SECTION 248 & 252 SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
MOST COMMON FAQs 1. My Company does not have business. 2. My Company has “PROPERTY”. 3. What is the Fee Payable to Hon’ble NCLT. 4. Limitation Period to file the case before Hon’ble NCLT. 5. My Shareholders are not traceable. 6. My Directors are Disqualified. 7. My CA (Auditor) is not traceable. 8. I was not served any Show Cause Notice. 9. My Filing is pending for more than 10 years. 10. My Registered Office is not “there”. 11. What should be my grounds of Case. 12. Even after REVIVAL, will disqualification of Directors go away. SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
S. RAJWANSHI & CO. COMPANY SECRETARIES sharad@rajwanshi. com 9 8 1 1 1 – 9 3 1 1 4 SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
98111 -93114 SHARAD RAJWANSHI, FCS, LLB 9811193114, 9312593114, sharadrajwanshi@gmail. com
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