FORM NO.NCLT 8 as per NCLT Rules 2016

By | August 2, 2016

FORM NO.NCLT 8

[See rule 56]

[HEADING AS IN FORM NCLT. 4]

Company Petition No of . . . . . . . . .20 . . . . . . . . . . . .

Application for Execution of Order under clause (3) of section 424 of the Act with reference to a Decree (Order 21, R. 11.)

I . . . . . . . . . . . . . , holder of an order passed by the National Company Law Tribunal, hereby apply for execution of the order under the

Order 21 Rule 11 of the Code
of Civil Procedure, 1908
read with clause (3)
of section 424 of the
Act herein below set
forth : No. of Company
Application/Company Petition/
Company Appeal/Misc.
Company Application
Names of
Parties
Date of Order Whether any appeal
preferred from order
Payment or adjustment
made, if any
Previous application,
if any, with
date and result
Amount with interest due upon
the order or other relief granted
thereby together with particulars
of any cross order/de cree.
Amount of costs, if any, awarded
Amount of costs,
if any, awarded
Against whom
to be executed
1 2 3 4 5 6 7 8 9
of 20…. A.B. Applicant/ Petitioner/Appellant CD. Respondant Month. , 20. . . . No None Application No dated 20. . . .  Result: Rs.. . . . . . principal interest at per cent per annum, from the date of decree till payment Rs.. . . . As awarded in Order No. subsequently Incurred Against the defendant CD.

Mode in which the assistance of the Tribunal is required:

When attachment as sale of movable property is sought: I pray that the total amount of Rs. . . . . (together with interest on the principal sum up to date of payment) and the costs of taking out this execution, be realised by attachment and sale of defendant’s movable property as per annexed list and paid to me. When attachment and sale of immovable property is sought: I pray that the total amount of Rs…. (together with interest on the principal sum up to date of payment) and the costs of taking out this execution be realised by the attachment and sale of defendant’s immovable property specified at the foot of this application and paid to me.

I . . . . . . . . . declare that what is stated herein is true to the best of my knowledge and belief.

Signed, Order /decree-holder.

Dated the . . . . . . . . day of . . . . . . . 20 . . . . . . .

[When attachment and sale of immovable property is sought.] Description and Specification of Property

The undivided one-third share of the judgment-debtor in a house situated in the village of, value . . . . . . . , and bounded as follows: —

East by G’s house; west by H’s house; south by public road; north by private lane and J’s house.

I . . . . . . . . . . . . . . declare that what is stated in the above description is true to the best of my knowledge and belief, and so far as I have been able to ascertain the interest of the defendant in the property therein specified.

Signed, Order/ decree-holder.

****(Note: The similar form may also be used for transfer of order to any other Tribunal having territorial jurisdiction to entertain the order of the tribunal as a decree under Code of Civil Procedure, 1908 read with section 424 of the Act)

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