| 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 of 2013); (2)  "address  for service" shall mean the address furnished by a party or  his authorised  representative at  which service of summons, notices or  other processes   may  be   effected   under   these rules; (3)  “advocate"  means a person who is entitled to practise as such under  the  Advocates  Act, 1961  (25 of  1961); (4)  “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; (5)  "application"  means any application, 1[Omitted] or  proceedings filed under the provisions of the Act, including any  transferred application   or transferred  petition   as defined  under   sub-rule  (29)  ; (6)  "authorised  representative" means a person authorised in writing by  a party  to present  his case  before the  Tribunal as the  representative of  such     party   as provided  under   section  432   of the Act; (7)  "Bench"  means a Bench of the Tribunal  constituted   under  section   419 of  the Act and includes Circuit Benches  constituted by the President with prior  approval  of the  Central Government  to sit  at such  other geographical locations as may   be necessary  having   regard  to requirements; (8)  “Central  Registry" means the registry in which all the   applications or  petitions and documents are received by the Registrar for allocation to  the concerned   Bench  of   the  Tribunal   for disposal; (9)  " certified’   means  in   relation  to   a copy  of a document   as  hereunder;— (a)  certified  as provided   in  section   76 of the  Indian   Evidence Act,  1872;  or (b)  certified   as  provided   in  section   6 of  Information   Technology  Act,  2000;or (c)  certified   copy issued  by   the  Registrar of Companies   under  the  Act; (d)  copy  of document as may be a downloaded from any online portal prescribed under  section 398 of the Act or a photo copy of the  original pertaining to any  company registered with the Office of the Registrar of Companies  of the  concerned State duly  certified by a  legal practitioner  or  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 a  document,  certified  to be a true copy issued by the Registry or of a Bench of the  Tribunal  under  its hand and seal and as provided in section 76 of the Indian  Evidence  Act,  1872 (  I of 1872); (11)  "creditor" means  any   person  to whom a debt   is owed; (12)  "fee" means the amount payable  in   pursuance  of   the  provisions   of the  Act  and these rules for any petition or application   or interlocutory  application  or  a document or for certified copy of document or order   of  the   Tribunal or  such  other paper  as may  be specified  in Schedule  of Fees  to these  rules and  includes any modifications as may be   made  thereto   or any  fee   as prescribed  for  filing  of documents   to  the Tribunal   by  these  rules; (13)  “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; (14)  "filed" means  filed in  the office  of the Registry of  the Tribunal¡ (15)  “interlocutory application"  means   an application  in   any  appeal  or  original petition on proceeding already   instituted  in   the  Tribunal,   but not  being  a proceeding   for execution  of the   order or direction  of  Tribunal; (16)  “party’  means a person who prefers an appeal or application or  petition  before  the Tribunal and includes respondent or any person interested in  the  said  appeal or application or petition including the Registrar   of Companies or  the  Regional Director or Central Government or State Government or  official  liquidator  and any person who has a right  under   the Act,  or the   Reserve Bank  of  India Act 1934 (2 of 1934) to make suggestions or submissions or  objections or reply; (17)  "petition’  means a petition or an application or an appeal or a  complaint  in  pursuance of which any proceeding is commenced before the  Tribunal; (18)  "person interested" means a shareholder, creditor, employee,  transferee  company   and  other   company  concerned   in  relation   to  the   term  or   context  referred  to in the relevant provisions of the Act or any person aggrieved by  any  order  or action  of any company   or its  directors; (19)  "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; (20)  "reference"  means a reference within the meaning of rule   88  of  these  rules; (21)  ‘Registrar’ means Registrar of the Tribunal and   includes  such  other  officer  of the Tribunal or Bench to whom the powers and functions of the  Registrar   is delegated; (22)  “Registry"  means the  Registry of  the Tribunal or  any of  its Benches,  as  the  case may be, which keeps records of the applications and  documents  relating  thereto; (23)  "Reserve  Bank" means the Reserve Bank of India and includes  its  branches  and agencies as defined in the Reserve Bank of India Act,   1934  (2  of  1934); (24)  “Sealed"  means  sealed with the seal of the  Tribunal; (25)  ‘Secretary"  means Secretary of the Tribunal and in the absence  of  Secretary,  such other officer of the Tribunal to  whom   the  powers  and  functions   of the  Secretary   are delegated. (26)  "secured  creditor" means  a   creditor  in   whose  favour   a  security  interest  is created; (27)"security  Interest" means right, title or interest or a claim to  property, created  in favour  of, or  provided for  a secured  creditor by  a transaction  which secures payment or  performance of an obligation  and   includes  mortgage,  charge, hypothecation,  assignment and encumbrance  or any  other agreement  or arrangement securing payment or performance of any obligation of any person: Provided  that   security interest  shall not  include a performance  guarantee. (28)   “section’  means a section of the  Act; (29)  "transferred  application" or "transferred petition" means  any  proceeding  which has  been transferred to the  Tribunal from the  Company Law  Board, the High Court, District Court,  Board for Industrial and Financial  Reconstruction as provided  in clause  (a), (c)  and (d)  of sub—section(  1) of  section 434 of the  Act; (30)  words  and expressions used herein  and   not  defined   but  defined   in  the  Act  shall have   the  respective   meanings  assigned   to  them   in the Act.     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. |