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TheNational Company Law Appellate Tribunal (NCLAT) is atribunal which was formed by the Central Government ofIndia under Section 410 of theCompanies Act, 2013. The NCLAT was formed as a body with an appellate jurisdiction at the same time whenNCLT was established as a major reform as per powers granted to theMinistry of Corporate Affairs in India.
The tribunal is responsible for hearing appeals from the orders ofNational Company Law Tribunal(s) (NCLT), starting on 1 June 2016.[1]
The tribunal also hears appeals from orders issued by theInsolvency 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 theCompetition Commission of India (CCI) and theNational 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 TheCompanies Act 2013.[3] The tribunal was formed as appellate authority to the aggrieved persons against the orders ofNational 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 appealable in theSupreme Court of India. National Company Law Appellate Tribunal has principle bench inDelhi 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 is the list of Hon'ble Chairperson and Sitting Members[7]
| Sr.No | Name | Designation | Date of Joining |
|---|---|---|---|
| 01 | Ashok Bhushan | Chairperson | 08-11-2021 |
| 02 | Rakesh Kumar Jain | Judicial | 17-05-2022 |
| 03 | Yogesh Khanna | Judicial | 19-02-2024 |
| 04 | Sharad Kumar Sharma | Judicial | 19-02-2024 |
| 05 | Barun Mitra | Technical | |
| 06 | Naresh Salecha | Technical | 17-05-2022 |
| 07 | Ajai Das Mehrotra | Technical | |
| 08 | Arun Baroka | Technical | |
| 09 | Indevar Pandey | Technical | 01-03-2024 |
| 10 | Jatindranath Swain | Technical |
The following are the powers and functions of the National Company Law Appellate Tribunal.
(1) Orders issued by [National Company Law Tribunal].(2) Orders issued by [Competition Commission of India].(2) Orders issued by [Insolvency and Bankruptcy Board of India].(3) Orders issued by [National Financial Reporting Authority].
