Why Advocacy?

• NCLT & NCLAT

• Specialized knowledge of

business laws & regulatory

practice

Why drafting ?

• Pleadings important

part of any advocacy

• Complex business

structures

• Complex regulatory

regime

Companies Act 2013

Practicing company secretary must have PQC of 5 years to appear

CS can be empanelled by Tribunal to assist in proceedings

Must file memorandum of appearance with Tribunal along with

pleadings

Companies Act 2013

Proceedings in English or Hindi – if other language accompanied

by a translation

Power of civil court but code of civil procedure does not apply

Proceedings to be dated and header must specify:

……… in the matter of law (viz. Companies Act 2013)

……….in the matter of (name of company)

Separate numbered paragraphs, type written, printed in double

space on one side of paper, 4 cm margin from top, 2.5 cm right

margin and 5 cm left margin, paginated, indexed and stitched

together in paper book form

Number and dates in figures as per English calendar

Forms in Annexure C to the Rules

Companies Act 2013

Petition/application in form 1 with attachments filed in e-form. IA in Form 3A.

Verification in form 6. Notice by NCLT in form 5.

Filed as per e-filing manual by NCLT. Accompanied with Index of documents

Attached documents may be attested as true copies and marked as

Annexure A1, A2, etc.

Name of the company, status, date of inc, regd office, auth capital, paid up

capital, division of class of shares, and terms of issue of pref shares, if any,

main objects, present business, latest audited accounts and audited reports,

grounds for petition and nature of relief sought.

Can pray for interim relief in main petition/application however can also file

IA. For condonation of delay, IA is required. Form 3A with affidavit.

Companies Act 2013

Pet/app scrutiny, registration – serial number. Can rectify within 7

days

Tribunal issues notice in form 5 to respondent to show cause

against app on date of hearing. Accompanied by copy of application

Disposal within 3 months or extension of 3 months

Service of notice may be by email. Or if ordered by Tribunal by

hand delivery by process server, regd post/speed post, service by

party. Affidavit of service to be filed

Evidence by affidavit. Can order cross examination either through

video conf or otherwise

Reply by respondent with appl and copies of dox. Specifically

admit, deny or explain facts. Rejoinder may be filed.

Admission / denial of dox. Dox of applicant in A series and

Respondent in R series. Tribunal in T series

Investigation, inspection, enquiry – must produce all evidence

otherwise cannot do so in petition before NCLT – only if opportunity

not given by inspector – bench may allow

T(he Art) of Advocacy

H – Heart of Integrity

E – Eloquence

A – Amity

R – Reason

T – Trust

Advocacy

Facts or Law ?

Brevity

Express – to dress with less

Avoid fillers

Pace not race

Tools Preparation and rehearsal

Use notes – as prompts not to read

Maintain balance – concessions

Find merit

Voice – language, tone, volume, pace and content

Body language – positive and respectful

Listening – reflect, gather information, respond

Anticipate and test by analogy

Advocacy

Make clear brief on law and evidence. Keep focus of main issues

& results to be achieved

Avoid frequent interruptions or objections. Wait for chance

Knowledge of development of law and background helpful in

determining purpose and application

Do not argue with the Judges. Explain with reason. Focus on

winning war not battles

Cooperate with Opposite Counsel/Representatives.. The “Learned

Friend”

Look at previous similar cases and their determination.

Precedents have a lot of value

Drafting

Develop a structure

Introduce subject, give background and facts, analysis of law,

application of law, grounds for your case and prayer for relief

Study facts and documents carefully. Do not miss any important

aspect as the first chance is usually the last chance

Develop a checklist

Drafting

Keep it simple and short. Avoid too much legalese. Avoid detailed

description of case precedents as they can be adduced during

arguments.

Avoid exaggeration

Write short sentences not paragraphs with one sentence.

Link your law points and facts/evidence to your case. Always stay

focused on results

Object of writing must not just be to make judges understand but

make it impossible to misunderstand

Always review your writing – self appraisal. There is no better critic

than YOU !

Thank you