316. Rules applicable to appeal, under section 10F of the Companies Act.
(a)All appeals under Sec. 10-F of the Companies Act, 1956 (Act of 1956) shall be filed in the office of the Registrar and shall be heard and disposed of by a Division Bench as may be appointed by Hon'ble Chief Justice from time to time.(b)the rules applicable to regular appeals shall, except in so far as they are not inconsistent with these Rules apply to appeals under Sec. 10-F of the Companies Act(c)A memorandum of appeal along with necessary accompaniments in duplicate copies shall be presented in the prescribed form before the Registrar or any other officer authorised in this behalf.(d)A memorandum of appeal, if filed within one month from the date of the Company Law Board's order, shall be accompanied by simple copy of the order of the Company Law Board duly certified to be true copy by the advocate of the appellant.If the appeal is filed after one month from the date of the Company Law Board's order, the appeal shall be accompanied by certified copy of the order of the Company Law Board.Provided that the Court may permit the hearing of appeal without such certified copy in a special case on condition of the certified copy being supplied within a specified period.(e)If the Registrar or the authorized officer is of the view that appeal is not filed within the period of limitation, he shall make a note to that effect and direct the appellant or his advocate to file a separate application for condonation of delay which may be presented before the court.(f)The memorandum of appeal shall be in two parts; having Paper-book Part I and Paper-book Part II.(g)The appellant or his advocate shall, within two months of the notification of the receipt of the record, or within such further time not exceeding one month as the Registrar may allow, supply as many copies of the paper-books as are necessary for the use of the Court and for being supplied to the respondents.
