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The National Company Law Appellate Tribunal (NCLAT) is a tribunal which was formed by the Central Government of India under Section 410 of the Companies Act, 2013. The NCLAT was formed as a body with an appellate jurisdiction at the same time when NCLT was established as a major reform as per powers granted to the Ministry of Corporate Affairs in India,
The tribunal is responsible for hearing appeals from the orders of National Company Law Tribunal(s) (NCLT), starting on 1 June 2016. [1]
The tribunal also hears appeals from orders issued by the Insolvency and Bankruptcy Board of India under Section 202 and Section 211 of IBC. It also hears appeals from any direction issued, decision made, or order passed by the Competition Commission of India (CCI) and the National Financial Reporting Authority (NFRA).
On 8 November 2021, Justice Ashok Bhushan has been appointed as the Chairperson of the Appellate Tribunal. [2]
National Company Law Appellate Tribunal was formed on 1 June 2016 under Companies Act'2013. [3] The tribunal was formed as appellate authority to the aggrieved persons against the orders of National Company Law Tribunal which were passed under Section 61 of the Insolvency and Bankruptcy Code, 2016.
The decisions of National Company Law Appellate Tribunal are appellable in Supreme Court of India. National Company Law Appellate Tribunal has principle bench in Delhi and other one in Chennai. [4]
The NCLAT includes a Chairperson, 3 judicial members, and 2 technical members. [5] It consists of a total of not more than eleven members. [3] Ashok Bhushan, retired judge of Supreme Court is the current chairman of National Company Law Appellate Tribunal. [6]
Qualifications for Judicial member at National Company Law Appellate Tribunal:
Qualifications for Technical member at National Company Law Appellate Tribunal:
Following are the powers and functions of National Company Law Appellate Tribunal.
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single judge could describe that judge as "their tribunal." Many governmental bodies that are titled as "tribunals" are described so in order to emphasize that they are not courts of normal jurisdiction. For example, the International Criminal Tribunal for Rwanda was a body specially constituted under international law; in Great Britain, employment tribunals are bodies set up to hear specific employment disputes. In many cases, the word tribunal implies a judicial body with a lesser degree of formality than a court, in which the normal rules of evidence and procedure may not apply, and whose presiding officers are frequently neither judges, nor magistrates. Private judicial bodies are also often styled "tribunals." The word tribunal, however, is not conclusive of a body's function—for example, in Great Britain, the Employment Appeal Tribunal is a superior court of record.
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