NCLT e-Filing Procedure
NCLT e-Filing Procedure: Here’s a detailed guide to the NCLT e-Filing Procedure:
1. Registration:
- Visit the NCLT e-Filing portal: https://efiling.nclt.gov.in/
- Click on “Register” and choose the appropriate user type (individual, advocate, company, etc.).
- Provide personal details, contact information, and professional registration numbers (if applicable).
- Verify your email address and mobile number via OTP.
- Upload a proof of identity (e.g., PAN card, Aadhaar card).
- Generate a login ID and password.
2. Digital Signature:
- Obtain a Digital Signature Certificate (DSC) from a Certifying Authority (CA).
- Install the DSC software and drivers.
- Configure your web browser to use the DSC.
3. Case/Application Creation:
- Log in to the portal using your credentials.
- Select “Create New Case” or “Create New Application” as needed.
- Enter case/application details, including:
- Name of the petitioner/applicant
- Name of the respondent(s)
- Nature of the case/application
- Relevant sections of the Companies Act or Insolvency and Bankruptcy Code
- Location of the NCLT bench
4. Document Preparation:
- Draft all necessary documents in PDF/A or OCR-searchable PDF format.
- Properly bookmark each document as per the Master Index provided by NCLT.
- Electronically sign each document using your DSC.
5. Uploading Documents:
- In the e-filing dashboard, select the created case/application.
- Click on “Upload Documents.”
- Choose the relevant document types (e.g., petition, affidavit, annexures).
- Upload the electronically signed PDF documents.
- Ensure file names are relevant and descriptive.
6. Payment of Fees:
- Pay the applicable filing fees online through the portal’s payment gateway.
7. Submission and Verification:
- Review all uploaded documents and verify their accuracy.
- Submit the e-filing by clicking on “Submit.”
- An acknowledgement receipt will be generated. Print and retain it for future reference.
8. Case Tracking:
- Track the status of your case/application through the “My Cases” or “My Applications” section of the portal.
- Receive notifications and updates on the portal or through email/SMS.
Additional Points:
- For detailed instructions and troubleshooting, refer to the user manuals available on the NCLT e-Filing portal.
- Ensure your system meets the technical requirements for e-filing.
- If you encounter any issues, contact the NCLT helpdesk for assistance.
Additional considerations for NCLT e-filing:
Document Requirements:
- Specific documents are required for different types of cases and applications. Refer to the relevant NCLT rules and practice directions for comprehensive lists.
- Ensure all documents are properly drafted, signed, and stamped as per legal requirements.
- Incomplete or incorrect documents may lead to delays or rejections.
Service of Documents:
- After e-filing, you must serve copies of the documents on the respondent(s) and other relevant parties.
- You can choose e-service through the portal or physical service through registered post/courier.
- Proof of service needs to be uploaded to the e-filing system.
Hearing Dates and Representations:
- The NCLT will assign a hearing date for your case/application.
- Be prepared to represent your case in court with appropriate arguments and evidence.
- Consider seeking legal advice from an advocate experienced in NCLT matters.
Case Progress and Orders:
- The NCLT will issue orders and judgments throughout the proceedings.
- These orders and judgments will be uploaded to the e-filing portal and sent to you via email/SMS.
- You can track the progress of your case at any time through the portal.
Appeals:
- If you are not satisfied with the NCLT’s order, you may appeal to the National Company Law Appellate Tribunal (NCLAT).
- The appeal process also involves e-filing procedures and specific deadlines.
Staying Updated:
- NCLT rules and procedures may be amended periodically.
- Stay updated on any changes through the NCLT website or legal publications.
Compliance and Penalties:
- Failure to comply with NCLT rules or deadlines may result in penalties or dismissal of your case/application.
- Ensure you understand and adhere to all relevant regulations.
Seeking Assistance:
- If you encounter any difficulties during the e-filing process, do not hesitate to contact the NCLT helpdesk or seek professional legal advice.
Remember, e-filing with the NCLT is a technical and legal process. While this guide provides a comprehensive overview, it’s crucial to consult the official resources and seek expert guidance for complex cases or specific situations.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304