PART-I
Definitions, forms and 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, interlocutory application 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 a chartered accountant or a cost accountant or a company secretary;
(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. |