Sec 148-a code of civil procedure, 1908
This query is : Resolved
14 January 2012
Kindly provide the detailed procedure for filing caveat under code of civil procedure 1908 u/s 148-A with the Company Law Board.
Kindly note that no petitions are yet filed against the company.
Kindly reply at the earliest.
Regards,
Himani
Kindly note that no petitions are yet filed against the company.
Kindly reply at the earliest.
Regards,
Himani
14 January 2012
Request to host the query in www.lawyersclubindia.com.
14 January 2012
Dear Sir,
I have hosted the query in www.layersclubindia.com but have not received any reply yet.
Kindly update if you have any information for the same.
Regards,
Himani
I have hosted the query in www.layersclubindia.com but have not received any reply yet.
Kindly update if you have any information for the same.
Regards,
Himani
23 July 2025
### **Filing a Caveat under Section 148-A of the Code of Civil Procedure (CPC), 1908**
Under **Section 148-A** of the **Code of Civil Procedure (CPC), 1908**, the provision allows a party to file a **caveat** in the court or tribunal when they anticipate that someone might file a petition or application against them, and they want to be heard before any order is passed. This provision ensures that a party has an opportunity to respond before an adverse order is passed in their absence.
Section 148-A, specifically, provides for the **filing of a caveat before the filing of any petition or application** and is applicable to courts or tribunals.
### **Caveat in Company Law Matters**
If you are referring to the **Company Law Board** (CLB) or any other **tribunal** related to company matters, the caveat procedure is the same. You can file a caveat with the **Company Law Board** to ensure that you are informed before any petition is filed that may impact your interests.
#### **Procedure for Filing Caveat under Section 148-A of the CPC, 1908**
1. **Drafting the Caveat Petition:**
The **caveat petition** must be drafted with all necessary details, including:
* **Name and address of the caveator (the person filing the caveat).**
* **Name of the tribunal** (e.g., Company Law Board) or court before which the caveat is being filed.
* **Particulars of the matter** in respect of which the caveat is filed.
* The **intention to file the caveat** before any application or petition is filed against the caveator.
It is also important to mention that the caveator does not intend to file a suit but is seeking to be heard before any adverse order is passed.
2. **Filing the Caveat Petition:**
* **Present the caveat petition** before the tribunal (in your case, the **Company Law Board**). This may be done by submitting the petition to the **Registrar of the tribunal** or court.
* You may be required to pay a **filing fee**, which varies depending on the tribunal or court.
* Make sure to check with the **Company Law Board's registry** or the relevant court for any specific requirements related to **company law** matters.
3. **Acknowledgement of Caveat:**
After the caveat is filed, the court or tribunal will acknowledge the filing of the caveat and **inform the caveator** whenever any petition or application is filed against the company, or the person on whose behalf the caveat is filed.
4. **Notice to Caveator:**
Once the caveat is filed, the caveator will be **served with notice** when an application is made that is relevant to the caveator’s interests. This ensures the caveator gets an opportunity to present their case before the tribunal or court.
5. **Duration of Caveat:**
* The caveat will typically remain in force for **90 days** from the date of filing.
* If an application is not filed within **90 days**, the caveat will automatically lapse.
* If an application is filed and you wish to continue your opposition, the caveat may need to be **renewed**.
6. **When to File a Caveat:**
A caveat should be filed if you have **reasonable apprehension** that someone may file a petition, application, or suit against you. In company law matters, this could include issues such as:
* Disputes over **company management**, **shareholding**, or **company structure**.
* **Winding up petitions** or any other petitions where your rights could be impacted.
7. **Legal Advice:**
It is advisable to **consult a legal expert** or **company law professional** to draft and file the caveat, especially if the matter involves complex issues such as shareholder disputes, mergers, acquisitions, or insolvency proceedings. A lawyer can ensure that your caveat is properly framed and filed in compliance with the relevant provisions of the law.
#### **Sample Format for Filing Caveat**
Here’s a basic **sample format** for filing a **caveat**:
---
**IN THE HON’BLE COMPANY LAW BOARD**
\[or relevant tribunal]
**CAVEAT PETITION UNDER SECTION 148-A OF THE CODE OF CIVIL PROCEDURE, 1908**
**Caveator’s Details**
Name: \[Name of the Caveator]
Address: \[Full Address]
Email/Phone: \[Contact Details]
**In the matter of**
\[Name of the Company]
\[Relevant details of the matter]
**To,**
The Registrar,
Company Law Board
\[or relevant tribunal]
**Subject:** Caveat under Section 148-A of the Code of Civil Procedure, 1908
I, \[Caveator’s Name], the caveator, do hereby file this caveat before the Hon'ble Tribunal in respect of the proceedings that are likely to be filed against me in relation to \[mention details of the case or company]. I request that I be duly informed before any petition or application is filed against me in the above matter, so that I can file my objections if necessary.
The details of the caveator are as follows:
1. Name of Caveator: \[Caveator’s Name]
2. Full Address: \[Address]
3. Contact Information: \[Phone, Email]
4. Name of Company: \[Company Name]
5. Brief Details of the Matter: \[Relevant details]
I request the Hon’ble Tribunal to acknowledge the filing of this caveat and ensure that I am notified immediately upon the filing of any related petition or application.
**Dated this \[Date]**
**Place:** \[City]
**Signature of the Caveator**
\[Signature]
\[Name]
---
### **Important Notes:**
* **Jurisdiction**: Make sure you file the caveat in the **correct jurisdiction**, which will be determined by the **Company Law Board** (CLB) or the relevant tribunal handling your case.
* **Keep Copies**: Always keep copies of the caveat petition for your own records.
* **Filing Fee**: Ensure the correct **filing fee** is paid as per the rules of the respective tribunal.
### **Conclusion:**
The filing of a **caveat** under Section **148-A of CPC** ensures that the caveator will be notified before any order or petition is passed. In **company law matters**, this allows you to be informed about legal actions that could affect your company and gives you an opportunity to be heard before any decision is made. If no petitions have been filed yet, this is the right step to protect your interests in anticipation of future legal actions.
Under **Section 148-A** of the **Code of Civil Procedure (CPC), 1908**, the provision allows a party to file a **caveat** in the court or tribunal when they anticipate that someone might file a petition or application against them, and they want to be heard before any order is passed. This provision ensures that a party has an opportunity to respond before an adverse order is passed in their absence.
Section 148-A, specifically, provides for the **filing of a caveat before the filing of any petition or application** and is applicable to courts or tribunals.
### **Caveat in Company Law Matters**
If you are referring to the **Company Law Board** (CLB) or any other **tribunal** related to company matters, the caveat procedure is the same. You can file a caveat with the **Company Law Board** to ensure that you are informed before any petition is filed that may impact your interests.
#### **Procedure for Filing Caveat under Section 148-A of the CPC, 1908**
1. **Drafting the Caveat Petition:**
The **caveat petition** must be drafted with all necessary details, including:
* **Name and address of the caveator (the person filing the caveat).**
* **Name of the tribunal** (e.g., Company Law Board) or court before which the caveat is being filed.
* **Particulars of the matter** in respect of which the caveat is filed.
* The **intention to file the caveat** before any application or petition is filed against the caveator.
It is also important to mention that the caveator does not intend to file a suit but is seeking to be heard before any adverse order is passed.
2. **Filing the Caveat Petition:**
* **Present the caveat petition** before the tribunal (in your case, the **Company Law Board**). This may be done by submitting the petition to the **Registrar of the tribunal** or court.
* You may be required to pay a **filing fee**, which varies depending on the tribunal or court.
* Make sure to check with the **Company Law Board's registry** or the relevant court for any specific requirements related to **company law** matters.
3. **Acknowledgement of Caveat:**
After the caveat is filed, the court or tribunal will acknowledge the filing of the caveat and **inform the caveator** whenever any petition or application is filed against the company, or the person on whose behalf the caveat is filed.
4. **Notice to Caveator:**
Once the caveat is filed, the caveator will be **served with notice** when an application is made that is relevant to the caveator’s interests. This ensures the caveator gets an opportunity to present their case before the tribunal or court.
5. **Duration of Caveat:**
* The caveat will typically remain in force for **90 days** from the date of filing.
* If an application is not filed within **90 days**, the caveat will automatically lapse.
* If an application is filed and you wish to continue your opposition, the caveat may need to be **renewed**.
6. **When to File a Caveat:**
A caveat should be filed if you have **reasonable apprehension** that someone may file a petition, application, or suit against you. In company law matters, this could include issues such as:
* Disputes over **company management**, **shareholding**, or **company structure**.
* **Winding up petitions** or any other petitions where your rights could be impacted.
7. **Legal Advice:**
It is advisable to **consult a legal expert** or **company law professional** to draft and file the caveat, especially if the matter involves complex issues such as shareholder disputes, mergers, acquisitions, or insolvency proceedings. A lawyer can ensure that your caveat is properly framed and filed in compliance with the relevant provisions of the law.
#### **Sample Format for Filing Caveat**
Here’s a basic **sample format** for filing a **caveat**:
---
**IN THE HON’BLE COMPANY LAW BOARD**
\[or relevant tribunal]
**CAVEAT PETITION UNDER SECTION 148-A OF THE CODE OF CIVIL PROCEDURE, 1908**
**Caveator’s Details**
Name: \[Name of the Caveator]
Address: \[Full Address]
Email/Phone: \[Contact Details]
**In the matter of**
\[Name of the Company]
\[Relevant details of the matter]
**To,**
The Registrar,
Company Law Board
\[or relevant tribunal]
**Subject:** Caveat under Section 148-A of the Code of Civil Procedure, 1908
I, \[Caveator’s Name], the caveator, do hereby file this caveat before the Hon'ble Tribunal in respect of the proceedings that are likely to be filed against me in relation to \[mention details of the case or company]. I request that I be duly informed before any petition or application is filed against me in the above matter, so that I can file my objections if necessary.
The details of the caveator are as follows:
1. Name of Caveator: \[Caveator’s Name]
2. Full Address: \[Address]
3. Contact Information: \[Phone, Email]
4. Name of Company: \[Company Name]
5. Brief Details of the Matter: \[Relevant details]
I request the Hon’ble Tribunal to acknowledge the filing of this caveat and ensure that I am notified immediately upon the filing of any related petition or application.
**Dated this \[Date]**
**Place:** \[City]
**Signature of the Caveator**
\[Signature]
\[Name]
---
### **Important Notes:**
* **Jurisdiction**: Make sure you file the caveat in the **correct jurisdiction**, which will be determined by the **Company Law Board** (CLB) or the relevant tribunal handling your case.
* **Keep Copies**: Always keep copies of the caveat petition for your own records.
* **Filing Fee**: Ensure the correct **filing fee** is paid as per the rules of the respective tribunal.
### **Conclusion:**
The filing of a **caveat** under Section **148-A of CPC** ensures that the caveator will be notified before any order or petition is passed. In **company law matters**, this allows you to be informed about legal actions that could affect your company and gives you an opportunity to be heard before any decision is made. If no petitions have been filed yet, this is the right step to protect your interests in anticipation of future legal actions.
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