Company and insolvency

Caveat petition before NCLAT in company appeal with memo of parties, affidavits and vakalatnama

0 of 32 blanks filled

IN THE MATTER OF:

Proposed appellants' names: PROPOSED

APPELLANTS / NON-CAVEATORS

VERSUS

Proposed respondents' names: PROPOSED

RESPONDENTS / CAVEATORS

INDEX

S.NO.PARTICULARSPAGES
1.MEMO OF PARTIES
2.CAVEAT PETITION ON BEHALF OF THE PROPOSED RESPONDENTS / CAVEATORS, ALONG WITH AFFIDAVITS.
3.COPY OF THE FINAL ORDER DATED Date of NCLT final order PASSED BY THE LEARNED ADJUDICATING AUTHORITY, NATIONAL COMPANY LAW TRIBUNAL, MUMBAI BENCH-1 IN T.C.P. NCLT TCP case number OF NCLT TCP case year.
4.VAKALATNAMA.
5.PROOF OF SERVICE.

FILED BY

DATED:

Date of filing

ADVOCATE

Ch. Advocate's chamber number.

Email:

Mob.:

BEFORE THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI

CAVEAT NO. Caveat number OF 2024

IN

COMPANY APPEAL NO. Company appeal number OF 2024

[Arising out of the Final Order dated Date of NCLT final order passed by the Learned Adjudicating Authority, National Company Law Tribunal, Mumbai Bench-1 in T.C.P. NCLT TCP case number of NCLT TCP case year]

IN THE MATTER OF:

---------------------------------: PROPOSED

APPELLANTS / NON-CAVEATORS

VERSUS

-------------------------------: PROPOSED

RESPONDENTS / CAVEATORS

MEMO OF PARTIES

1.--------------------
2.--------------------
3.--------------------
4.--------------------

: PROPOSED APPELLANTS / NON-CAVEATORS

VERSUS

1.-----------------------

: PROPOSED RESPONDENTS / CAVEATORS

DELHIFILED BY

DATED:

ADVOCATE

Ch.:

Email:

Mob.:

BEFORE THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI

CAVEAT NO. Caveat number OF 2024

IN

COMPANY APPEAL NO. Company appeal number OF 2024

[Arising out of the Final Order dated Date of NCLT final order passed by the Learned Adjudicating Authority, National Company Law Tribunal, Mumbai Bench-1 in T.C.P. NCLT TCP case number of NCLT TCP case year]

IN THE MATTER OF:

-----------------------------------------------: PROPOSED

APPELLANTS / NON-CAVEATORS

VERSUS

-----------------------------------: PROPOSED

RESPONDENTS / CAVEATORS

To,

The Registrar,

National Company Law Appellate Tribunal,

2nd & 3rd Floor, Mahanagar Doorsanchar Sadan

(M.T.N.L. Building), 9, CGO Complex, Lodhi Road,

(Near Scope Complex), New Delhi – 110 003.

Let no substantive order be passed against the Proposed Respondents / Caveators, seeking any relief against the Order dated Date of NCLT final order passed by the Learned Adjudicating Authority, National Company Law Tribunal, Mumbai Bench-1 in T.C.P. NCLT TCP case number of NCLT TCP case year, without notice to the undersigned.

DELHIPROPOSED RESPONDENTS / CAVEATORS

THROUGH

DATED:

ADVOCATE

Ch.:

Email:

Mob.:

BEFORE THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI

CAVEAT NO. Caveat number OF 2024

IN

COMPANY APPEAL NO. Company appeal number OF 2024

[Arising out of the Final Order dated Date of NCLT final order passed by the Learned Adjudicating Authority, National Company Law Tribunal, Mumbai Bench-1 in T.C.P. NCLT TCP case number of NCLT TCP case year]

IN THE MATTER OF:

---------------------------------------------: PROPOSED

APPELLANTS / NON-CAVEATORS

VERSUS

------------------------------------: PROPOSED

RESPONDENTS / CAVEATORS

AFFIDAVIT

Affidavit of Name of first deponent, S/o Father's name of first deponent, aged about Age of first deponent years, R/o Address of first deponent, do hereby solemnly affirm and declare as under:

1.That I am the Proposed Respondent / Caveator No. 1 in the aforesaid matter. I am aware of the facts and circumstances stated in the contents of the accompanying Caveat, based on the records of Proposed Respondent No. 1, and as such I am competent to swear and affirm the present Affidavit.
2.That the accompanying Caveat has been drafted under my instructions, and the contents thereof are true and correct to the best of my knowledge and belief and are derived from the records made available to me. The same may kindly be read as part and parcel of the present Affidavit and, for the sake of brevity, are not being repeated herein.

DEPONENT

VERIFICATION

Verified at City of verification (first deponent) on this Date of verification (first deponent) day of Month and year of verification (first deponent), that the contents of the paragraphs of the above Affidavit are true and correct. No part of it is false and nothing material has been concealed therefrom.

DEPONENT

BEFORE THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI

CAVEAT NO. Caveat number OF 2024

IN

COMPANY APPEAL NO. Company appeal number OF 2024

[Arising out of the Final Order dated Date of NCLT final order passed by the Learned Adjudicating Authority, National Company Law Tribunal, Mumbai Bench-1 in T.C.P. NCLT TCP case number of NCLT TCP case year]

IN THE MATTER OF:

----------------------------------------: PROPOSED

APPELLANTS / NON-CAVEATORS

VERSUS

------------------------------------------: PROPOSED

RESPONDENTS / CAVEATORS

AFFIDAVIT

Affidavit of Name of second deponent, S/o Father's name of second deponent, aged about Age of second deponent years, R/o Address of second deponent, do hereby solemnly affirm and declare as under:

1.That I am the Proposed Respondent / Caveator No. 2 in the aforesaid matter. I am aware of the facts and circumstances stated in the contents of the accompanying Caveat, based on the records of Proposed Respondent No. 2, and as such I am competent to swear and affirm the present Affidavit.
2.That the accompanying Caveat has been drafted under my instructions, and the contents thereof are true and correct to the best of my knowledge and belief and are derived from the records made available to me. The same may kindly be read as part and parcel of the present Affidavit and, for the sake of brevity, are not being repeated herein.

DEPONENT

VERIFICATION

Verified at City of verification (second deponent) on this Date of verification (second deponent) day of Month and year of verification (second deponent), that the contents of the paragraphs of the above Affidavit are true and correct. No part of it is false and nothing material has been concealed therefrom.

DEPONENT

BEFORE THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI

CAVEAT NO. Caveat number OF 2024

IN

COMPANY APPEAL NO. Company appeal number OF 2024

[Arising out of the Final Order dated Date of NCLT final order passed by the Learned Adjudicating Authority, National Company Law Tribunal, Mumbai Bench-1 in T.C.P. NCLT TCP case number of NCLT TCP case year]

IN THE MATTER OF:

--------------------: PROPOSED APPELLANTS / NON-CAVEATORS

VERSUS

SH. Name of first caveator AND SH. Name of second caveator: PROPOSED RESPONDENTS / CAVEATORS

KNOW ALL MEN to whom these presents shall come that I/We, SH. Name of first caveator AND SH. Name of second caveator, the above-named CAVEATORS / PROPOSED RESPONDENTS, do hereby appoint:

Name of advocate in vakalatnama

ADVOCATE (Enrl. No. Advocate's enrolment number)

Ch. Chamber number in vakalatnama.

Email: Advocate's email address

Mob. Advocate's mobile number

(hereinafter referred to as the Advocate/Advocates) to be my/our Advocate in the above-noted case and authorise him/her:

To act, appear and plead in the above-noted case in this Court or in any other Court in which the same may be tried or heard, and also in the Appellate Court, including the High Court, subject to payment of fees separately for each Court by me/us.

To sign, file, verify and present pleadings, appeals, cross-objections or petitions for execution, review, revision, withdrawal, compromise or other petitions, or affidavits or other documents, as may be deemed necessary or proper for the prosecution of the said case in all its stages, subject to payment of fees for each stage.

To file and take back documents, and to admit and/or deny the documents of the opposite party.

To withdraw or compromise the said case, or submit to arbitration any differences or disputes that may arise touching or in any manner relating to the said case.

To take out execution proceedings.

To deposit amounts, to draw and receive monthly cheques and cash, to grant receipts thereof, and to do all other acts and things which may be necessary to be done for the progress of, and in the course of, the prosecution of the said case.

To appoint and instruct any other legal practitioner, authorising him to exercise the powers and authorities hereby conferred upon the Advocate whenever the Advocate may think fit to do so, and to sign the power of attorney on our behalf.

And I/We, the undersigned, do hereby agree to ratify and confirm all acts done by the Advocate, or his substitute, in the matter as my/our own acts, as if done by me/us to all intents and purposes.

And I/We undertake that I/We, or my/our duly authorised agent, shall appear before the Court on all dates of hearing and shall inform the Advocate of my/our appearance when the case is called on.

And I/We, the undersigned, do hereby agree that I/We shall not hold the Advocate, or his substitute, responsible for the result of the said case. The costs of adjournments, whenever ordered by the Court, shall be payable to the Advocate, who shall receive and retain the same for himself.

And I/We, the undersigned, do hereby agree that, in the event of the whole or any part of the fee remaining unpaid, the Advocate shall be entitled to decline to continue the prosecution of the said case until the same is paid up. The fee settled is only for the above case and the above Court. I/We hereby agree that, once the fee is paid, I/We shall not be entitled to a refund of the same in any circumstances whatsoever, and that, if the case continues for more than three (3) years, the original fee shall be paid again by me/us.

IN WITNESS WHEREOF, I/We do hereunto set my/our hand(s) to these presents, the contents of which have been understood by me/us, on this Date of vakalatnama day of Month and year of execution of the vakalatnama.

Accepted, subject to the terms of the fees.

AdvocateClient(s)
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