NATIONAL COMPANY LAW APPELLATE TRIBUNAL.

An appeal against any order or decision of the NCLT can be made ta

the Appellate Tribunal constituted under the Act.
Constitution of Appellate Tribunal
Section 410 has empowers the Central Government to constitute an Appellate
Tribunal to be known as National Company Law Appellate Tribunal
(NCLAT) consisting of a Chairperson and such number of Judicial
and Technical Members as the *Central Government may deem fit.
for hearing appeals against the orders of the National Company Law
Tribunal or the National Financial Reporting Authority
Adninistrationof CompanyLaw 1.9

decision or order under Section 53A of the Compctition Act, 2002

as well as the Insolvency and Bankruptcy Code, 2016. Due to the
variety and amount of natters that are to be dcalt with by NCLAT, the
Companies (Anmendment) Act, 2020 has inserted Section 418(A),
which provides for setting up of benches of the NCLAT by the
Chairperson. A bench of NCLAT shall have atleast one .Judicial and
one Technical member. The benches of NCLAT shall ordinarily sit at
New Delhi or such other places which the CentralGiovernment in consultation
with the Chairperson may notify. The NCLAT now functions at a
strength of 5 courts, 4 at the Principal Bench in New Delhi and
5th at NCLAT Chennai.
Qualification of Chairperson and Members of Appellate Tribunal
The Chairperson shall be a person who is or has been a Judge
of the Supreme Court or the Chief Justice of a High Court.
AJudicial member shall be a person who or has been a Judge of
a High Court or is a Judicial Member of the Tribunal for five
years.
A Technical Member shall be a person of proven ability, integrity
and standing having special knowledge and experience, of not
industrial
less than twenty five years, in law, industrial finance,
investment.,
management or administration, industrial reconstruction,
disciplines related to
accountancy, labour matters, or such other
rehabilitation and winding
management, conduct of affairs, revival,
up of companies.
Members of the Appellate Tribunal
Terms of Office of Chairperson or
Section 413, the Chairperson or a Member of the Appellate
According to which
term of 5 years from the date on
Tribunal shall hold office for a
office, but shall be eligible for reappointment for
he enters upon his Chairperson or other Member
shall
another term of5 years. But no
50 years of age and after he has attained:
hold office unless he is
case of Chairperson, the age of 70 years:
(a) In the
of any other Member, the age of 67 years.
(b) In the case
Members
Selection of Chairperson and Judicial Members of
the and
Chairperson
Section 412 provides that appointed by the CentralGovernment,
shall be
theAppellate Tribunalthe Chief Justice of India. The Technical Members
with
after consultation recommendationoe the
shall be appointed on the
Appellate Tribunal
of the mentionedearlier.
Selection Committee
 Expeditious Disposal by Appellate Tribunal
Section 422 deals with expeditious disposal of cases
before Tribunal or
Appellate Tribunal. It provides that the Tribunal or the Appellate Tribunal
shall make every effort to dispose off cases within 3
months from
the date of commencement of proceedings before
Tribunal or filing
of appeal before Appellate Tribunal. If any
application or
appeal is not disposed off within this period, the Tribunal /petition or
Tribunal shall record the reason for not disposing Appellate
the same, and the
President /Chairperson may take into consideration
such reason and
extend the period not exceeding 90 days.
Appeal to Supreme Court Against Order of the
Appellate Tribunal
According to Section 423 any person aggrieved by
order of the Appellate Tribunal can file the decision or
Court. Such an appeal has to be filed an appeal to the Supreme
within 60
communication of the said decision or order. days of the date of
Court may allow an appellant to file the However, the Supreme
not exceeding 60 days, if it is appeal within a further period,
satisfied that the appellant was prevented
from filing the appeal within the
said period due to sufficient cause.