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Economy and Finance

Economy and Finance

National Company Law Appellate Tribunal (NCLAT)

09 Jan 2024 Zinkpot 241
  1. The National Company Law Appellate Tribunal (NCLAT) is a quasi-judicial body in India that hears appeals against orders passed by the National Company Law Tribunal (NCLT). Both the NCLAT and NCLT were established under the Companies Act, 2013, which is a comprehensive legislation governing the registration, regulation, and dissolution of companies in India.

  2. Key features of the National Company Law Appellate Tribunal (NCLAT) include:

    • Appellate Authority: The NCLAT serves as the appellate authority for appeals filed against decisions of the NCLT. It is the second level of adjudication in the hierarchy of the National Company Law Tribunal syste.

    • Jurisdiction: The NCLAT has jurisdiction over matters related to company law, including disputes arising from the Companies Act, 2013, and other related laws.

    • Composition: The tribunal is typically composed of a Chairperson and a certain number of judicial and technical members, who are appointed by the government. The members are usually retired judges, legal professionals, and individuals with expertise in fields like finance and company law.

    • Powers and Functions: The NCLAT has the authority to hear and dispose of appeals against orders of the NCLT, and it also has the power to hear and dispose of appeals arising from decisions of the Competition Commission of India (CCI) and the Insolvency and Bankruptcy Board of India (IBBI).

    • Location: The principal bench of the NCLAT is located in New Delhi. It may also have regional benches in different parts of the country, depending on the workload and requirements.

  3. The NCLAT plays a crucial role in the resolution of disputes related to corporate matters, insolvency proceedings, and other issues falling under the ambit of company law in India. It contributes to the efficient and timely resolution of disputes, thereby promoting a healthy corporate environment.

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