Appearances - Court, Tribunal and Quasi-Judicial Forums
Appearances - Court, Tribunal and Quasi-Judicial Forums tests authority to appear, preparation and conduct before adjudicatory bodies. A company secretary may appear where a statute permits an authorised representative, for example Section 432 of the Companies Act 2013 before the National Company Law Tribunal.
Authority and preparation
- Check the right of audience: an advocate under the Advocates Act 1961, or an authorised representative under the relevant statute.
- File authority: vakalatnama, board resolution or authorisation letter as the forum requires.
- Prepare a case file: cause title, chronology, list of dates, documents, statutory provisions and precedents.
- Written submissions: summarise facts, issues, arguments and relief in a short document the bench can use.
Conduct before the bench
Address the bench with respect, identify yourself and your client, and state the purpose of the appearance. Do not misstate facts or law. Seek adjournment only for a genuine reason and inform the client. Maintain confidentiality and avoid ex parte communication with a member of the tribunal.
Worked example
A company secretary appears before the NCLT for a company seeking an extension of time to file a document. The file contains the board resolution authorising appearance, the application, the affidavit, the delay explanation and the supporting correspondence. The secretary opens by identifying the company, the application number and the limited relief sought, then addresses the delay and the prejudice to creditors. The reasoning is that a tribunal decides applications on the record; an appearance without authority or a chronology wastes the listing.
Traps
Appearing without a vakalatnama or board authorisation; arguing facts not pleaded or documents not filed; filing documents without leave; repeated adjournments; and using disrespectful language about the opposite party or the bench.