National Company Law Tribunal

The National Company Law Appellate Tribunal (NCLAT) is a quasi-judicial body in India that adjudicates issues relating to companies in India.[1] The NCLAT was established under the Companies Act 2013 and was constituted on 1 June 2016.

The NCLAT has eleven benches, two at New Delhi (one being the principal bench) and one each at Ahmedabad, Allahabad, Bengaluru, Chandigarh, Chennai, Guwahati, Hyderabad, Kolkata and Mumbai.[2] Justice M.M. Kumar, a retired judge of the Punjab and Haryana High Court has been appointed as President of the NCLAT.[1] The NCLAT Bench at Bangalore began functioning on 18 July 2016.

The NCLAT has the power under the Companies Act to adjudicate proceedings:

  1. Initiated before the Company Law Board under the previous act (the Companies Act 1956);
  2. Pending before the Board for Industrial and Financial Reconstruction (BIFR), including those pending under the Sick Industrial Companies (Special Provisions) Act, 1985;
  3. Pending before the Appellate Authority for Industrial and Financial Reconstruction; and
  4. Pertaining to claims of oppression and mismanagement of a company, winding up of companies and all other powers prescribed under the Companies Act.

Decisions of the NCLT may be appealed to the National Company Law Appellate Tribunal. The decisions of NCLAT may be appealed to the Supreme Court of India.

References

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