National Company Law Appellate Tribunal

From Justice Definitions Project

INTRODUCTION

The NCLAT, a quasi-judicial entity in India, was created to adjudicate appeals against decisions made by the NCLT (National Company Law Tribunal) and other regulatory bodies under the Companies Act, 2013. It plays a pivotal role in resolving disputes related to corporate and insolvency issues. Section 410 of the Companies Act, 2013, mandated the establishment of the NCLAT, which began its operations on June 1, 2016, specifically to hear appeals against the judgments of the NCLT. NCLAT is the Appellate Tribunal for hearing appeals against the orders passed by NCLT(s) under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC), with effect from 1st December, 2016. NCLAT is also the Appellate Tribunal for hearing appeals against the orders passed by Insolvency and Bankruptcy Board of India under Section 202 and Section 211 of IBC. Since its establishment, the NCLAT has played a crucial role in the resolution of complex corporate disputes, insolvency cases, and matters related to company law in India. It has contributed to the efficiency and effectiveness of the legal system, providing a specialized forum for the resolution of appeals in the corporate and business domain.

HISTORICAL EVOLUTION

The evolution of the National Company Law Appellate Tribunal (NCLAT) in India is intricately tied to both legislative changes and key judicial decisions. Here is a more detailed history, incorporating relevant judicial aspects:

1. Necessity for establishment of a Specialized Tribunal: The necessity for a specialized tribunal was advocated by the Honorable Supreme Court of India in the case of S.P. Sampath Kumar v. Union of India[1]. In this judgment, the Honorable Court endorsed the theory of alternative institutional mechanisms, emphasizing that since independence, the country's population has been steadily rising, consequently leading to a surge in disputes brought before the courts. This surge places a strain on the courts, necessitating the establishment of specialized tribunals.

2. Eradi Committee Report (2001): The Eradi Committee, formed in 2001, laid the groundwork for significant changes in India's corporate legal framework. The committee, led by Justice V. Balakrishna Eradi, recommended the establishment of a dedicated appellate tribunal to streamline corporate dispute resolution.

3. Companies (Second Amendment) Act, 2002: In response to the Eradi Committee's recommendations, the Companies (Second Amendment) Act, of 2002, was enacted. This legislation paved the way for the creation of the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT). These bodies were envisaged to handle the increasing complexity of corporate disputes.

4. Rationale for NCLAT (Pre-2003): Before the formal establishment of the NCLAT in 2003, various judicial decisions emphasized the need for specialized forums to address company law matters. The Indian judiciary recognized the intricate nature of corporate disputes, leading to calls for a dedicated appellate body.

5. Formation of NCLAT (2003): The NCLAT was officially constituted on November 1, 2003, under Section 410 of the Companies Act, 2013. Its establishment marked a significant departure from the previous system, with the NCLAT designed to hear appeals against decisions of the NCLT and other regulatory bodies.

6. Transfer of Jurisdiction: Judicial decisions around the time of NCLAT's formation acknowledged the transfer of appellate jurisdiction from the Company Law Board to the newly established NCLAT. This shift aimed to enhance efficiency and address the complexities of emerging corporate disputes.

7. Companies Act, 2013: The enactment of the Companies Act, of 2013, further solidified the legal framework for corporate governance. This legislation retained the provisions related to the NCLAT and included updated provisions, aligning with contemporary corporate challenges.

8. Operational Commencement (2016): After the cases of R Gandhi v. Union of India[2] and Madras Bar Association v. Union of India[3] where the constitutionality of NCLAT/NCLT was upheld, the NCLAT formally commenced its operations on June 1, 2016, as a specialized appellate tribunal. Its role expanded to include hearing appeals related to insolvency matters, further emphasizing its significance in the evolving corporate legal landscape.

LEGISLATIVE FRAMEWORK

Constituting Act

The National Company Law Appellate Tribunal (NCLAT) was formed by Section 410 of the Companies Act 2013. This section specifies that the Central Government, through a notification, will establish an Appellate Tribunal named the National Company Law Appellate Tribunal. The tribunal is composed of a Chairperson and members with expertise in judicial and technical matters. Its primary function is to adjudicate appeals challenging decisions made by the NCLT.

Governance Structure

The NCLAT is comprised of a Chairperson, judicial members, and technical members not exceeding the total membership of eleven individuals. The current NCLAT is headed by Ashok Bhushan[4], a retired Supreme Court judge, who serves as the Chairman of the National Company Law Appellate Tribunal. Along with him, there are 4 judicial members and 5 technical members.[5]

Qualification[6]

Chairperson: The chairperson must be an individual who currently holds or has previously held the position of a Judge in the Supreme Court or served as the Chief Justice of a High Court.

Judicial Member: A Judicial Member must fulfill one of the following conditions: Firstly, he should currently hold or have previously held the position of a Judge in a High Court. Secondly, he must have served as a Judicial Member of the National Company Law Tribunal for a minimum of five years. Alternatively, he should have been an advocate for at least ten years, possessing substantial experience in litigation concerning company affairs before the National Company Law Tribunal, National Company Law Appellate Tribunal, High Court, or Supreme Court.

Technical Member: A Technical Member is eligible to be appointed as a member of NCLAT if he demonstrates proven ability, integrity, and standing, along with specialized knowledge and professional experience spanning at least twenty-five years in fields such as law, industrial finance, industrial management, administration, industrial reconstruction, investment, accountancy, or any other relevant area beneficial to the National Company Law Appellate Tribunal.

Appointment of members

The appointment of members shall be done by the Central Government on the recommendation by a Search cum Selection Committee given under the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020[7]. The Search-Cum-Selection Committee responsible for appointing individuals to the positions of Chairperson, Judicial Member, and Technical Member of the National Company Law Appellate Tribunal comprises the following members: Firstly, either the Chief Justice of India or a Judge of the Supreme Court nominated by the Chief Justice serves as the chairperson of the committee. Secondly, depending on the specific appointment being made, either the outgoing Chairperson of the National Company Law Appellate Tribunal or the current Chairperson of the Tribunal acts as a member. Additionally, the Secretary to the Government of India, Ministry of Corporate Affairs, and the Secretary to the Government of India, Ministry of Finance (Department of Financial Services), serve as members of the committee. Together, these members form the committee tasked with the crucial responsibility of selecting suitable candidates for key positions within the Tribunal.

Term of Office

As per section 414 of the Companies Act, 2013: -

Position Term Length Eligibility for Re-appointment Age Limit
Chairperson 5 years Yes Until age 70
Judicial and Technical Members 5 years Yes Until age 67

It's important to note that individuals who have not yet reached the age of fifty are not eligible for appointment as Members. Additionally, a Member may maintain their lien with their parent cadre or Ministry or Department, for a period not exceeding one year, while holding office as a Member.

Conditions of Service

As per Section 414 of the Companies Act, the remuneration, allowances, and service conditions for Members of the Tribunal and the Appellate Tribunal will be determined as specified by the Central Government from time to time. The current salaries and allowances are given under Section 11 of the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020[8] which are as follows -

Position Monthly Salary
President Rs. 2,50,000
Judicial Member Rs. 2,25,000
Technical Member Rs. 2,25,000

However, it is explicitly stated that once appointed, the Members' salary, allowances, and service conditions cannot be altered to their disadvantage. This provision serves to safeguard the appointed Members from any detrimental changes in their compensation or terms of service after assuming their roles.

Removal/Resignation of Members

Resignation under Section 416: Members, including the President and Chairperson, can resign from their positions by submitting a written notice to the Central Government. Upon receipt of the resignation notice, they will continue to serve for three months or until a successor is appointed, or their term ends, whichever comes first. This provision ensures continuity until a replacement assumes office.

Removal under Section 417: Members, including the President and Chairperson, may be removed from office by the Central Government under certain circumstances, such as being declared insolvent, convicted of a morally reprehensible offense, or becoming physically or mentally unfit to perform duties. Additionally, removal can occur if they develop financial interests that could adversely affect their role or misuse their position to harm public interest. However, they cannot be removed without a fair hearing. Furthermore, removal can only happen on grounds of proven misbehavior or incapacity after an inquiry conducted by a Judge of the Supreme Court nominated by the Chief Justice of India. During this process, the accused Member is informed of the charges and given a chance to defend themselves. The Central Government, with the Chief Justice of India's agreement, may suspend the Member until the inquiry is concluded. The procedure for such inquiries is regulated by rules established in consultation with the Supreme Court.

Jurisdiction

Appeals from NCLT

Section 421 of the Companies Act: Any individual dissatisfied with a decision made by the NCLT has the right to appeal to the Appellate Tribunal. However, no appeal can be made if the decision was reached with the agreement of all parties involved. Appeals must be lodged within forty-five days from the date the NCLT's decision is communicated to the aggrieved person, following the prescribed format and accompanied by applicable fees. However, the Appellate Tribunal may consider appeals filed after this period but within an additional forty-five days if it is convinced that the delay was due to justifiable reasons. Upon receiving an appeal, the Appellate Tribunal will grant both parties an opportunity to present their case and will then issue appropriate orders, which may include confirming, modifying, or overturning the original decision. Copies of all orders made by the Appellate Tribunal will be forwarded to the NCLT and the concerned parties.

Appeals of IBC Matters

Section 61 of IBC: Notwithstanding any provisions in the Companies Act of 2013, individuals aggrieved by an order issued by the Adjudicating Authority under this section have the option to appeal to the National Company Law Appellate Tribunal. Such appeals must be filed within thirty days before the Appellate Tribunal, with the possibility of an extension granted by the Tribunal for up to fifteen days if sufficient cause is demonstrated. Appeals against orders approving resolution plans under section 31 can be made on grounds including contravention of existing laws, material irregularities during the resolution process, failure to address debts owed to operational creditors as specified by the Board, neglecting to prioritize repayment of insolvency resolution process costs, or non-compliance with other criteria set by the Board. Similarly, appeals against liquidation orders under section 33 can be filed on grounds of material irregularities or fraud related to the liquidation order.

Appeal from CCI orders

In 2017, the Government of India amended the Act through the Finance Act, merging COMPAT with the National Company Law Appellate Tribunal (NCLAT). NCLAT became the appellate authority for competition law in India after this merger. The following outlines the process of filing an appeal to the Appellate Tribunal under section 53B of the Competition Act, 2002:

1. Eligibility to Appeal: The Central Government, State Government, local authority, enterprise, or any person who is aggrieved by a direction, decision, or order specified in clause (a) of section 53A has the right to appeal to the Appellate Tribunal.

2. Timeframe for Filing an Appeal: Every appeal under subsection (1) must be filed within sixty days from the date on which a copy of the direction, decision, or order made by the Commission is received by the concerned entity or individual. The appeal should be in a prescribed form and accompanied by a specified fee. However, the Appellate Tribunal may entertain an appeal after sixty days if it is satisfied that there was a valid reason for not filing it within that timeframe.

3. Adjudication by Appellate Tribunal: Upon receiving an appeal, the Appellate Tribunal has the authority to pass orders, after providing the parties involved with an opportunity to be heard. The orders may involve confirming, modifying, or setting aside the direction, decision, or order that is being appealed against.

4. Notification of Orders: The Appellate Tribunal is required to send a copy of every order it makes to the Commission and the parties involved in the appeal.

5. Timely Resolution: The Appellate Tribunal is instructed to handle appeals as expeditiously as possible. It should make efforts to dispose of the appeal within six months from the date of its receipt.

Power and Procedure

Section 424 outlines the procedural aspects and powers of the Appellate Tribunal in the context of their functions under the specified Act. Here's a breakdown:

1. Procedure Not Bound by Civil Procedure Code: The Appellate Tribunal is not obligated to follow the procedure laid down in the Code of Civil Procedure, 1908 while handling proceedings or appeals. Instead, they are directed to adhere to the principles of natural justice. However, they have the authority to regulate their procedure, subject to the provisions of the specified Act and any rules made thereunder.

2. Powers Comparable to Civil Court: The Appellate Tribunal is endowed with powers equivalent to those vested in a civil court under the Code of Civil Procedure, 1908, specifically when dealing with matters such as summoning and examining witnesses, requiring document production, receiving evidence on affidavits, requisitioning public records, issuing commissions, and other related functions.

3. Enforcement of Orders: Orders made by the Appellate Tribunal can be enforced in the same manner as a decree issued by a court in a pending suit. They have the authority to send orders for execution to a court within the local jurisdiction of the registered office of a company (in the case of an order against a company) or the residence, business location, or workplace of the individual concerned (in the case of an order against another person).

4. Judicial Proceedings: All proceedings before the Appellate Tribunal are deemed to be judicial proceedings under specified sections of the Indian Penal Code and the Code of Criminal Procedure, treating these tribunals as civil courts for certain legal purposes.

5. Contempt of Court: Section 425 specifies that the Appellate Tribunal is vested with jurisdiction, powers, and authority equivalent to that of a High Court concerning contempt of themselves. In exercising these powers, they are entitled to utilize the provisions outlined in the Contempt of Courts Act, 1971 (70 of 1971), with certain modifications:

The reference in the Contempt of Courts Act to a High Court is to be construed as including a reference to the Appellate Tribunal. The reference to the Advocate-General in section 15 of the Contempt of Courts Act shall be interpreted as a reference to the Law Officers specified by the Central Government for this purpose.

Provision for Appeal

Section 423 outlines the process for filing an appeal to the Supreme Court for individuals who are dissatisfied with an order from the Appellate Tribunal:

1. Eligibility to Appeal: Any person who is aggrieved by an order of the Appellate Tribunal has the right to file an appeal to the Supreme Court.

2. Timeframe for Filing an Appeal: The appeal must be filed within sixty days from the date of receiving the order of the Appellate Tribunal. This is the initial prescribed period for filing an appeal.

3. Extension of Time: The Supreme Court may consider extending the period for filing an appeal if it is satisfied that the appellant had a valid reason, or "sufficient cause," preventing them from submitting the appeal within the initial sixty-day period. If allowed, the further period for filing the appeal shall not exceed sixty days.

In summary, any person aggrieved by an order of the Appellate Tribunal has a total of up to 120 days (60 initial days plus an additional 60 days, if granted) to file an appeal to the Supreme Court on any question of law arising out of the Appellate Tribunal's order.

Sanctioned Benches/Strength

NCLAT has two Benches. One is Principal Bench which is situated in New Delhi and the other is Chennai Bench. Chennai Bench was established through a circular issued[9] by the Ministry of Corporate Affairs in order to deal with the heavy burden of cases. The Chennai Bench of NCLAT has jurisdiction to hear the Appeals arising out of the orders passed by the benches of NCLT having jurisdiction over Karnataka, Tamil Nadu, Kerala, Andhra Pradesh, Lakshwadeep, and Pondicherry. The remaining benches of NCLT fall under the jurisdiction of the Delhi Bench.

Currently, the sanctioned strength of NCLAT is 12 members. However, the government is planning to increase the strength to 20 members.

DIGITIZATION CHECKLIST

Main website:

NCLAT has a main website at https://nclat.nic.in/[10]. This website provides information related to the jurisdiction, functions, members, and recent judgments of the NCLAT. It also provides access to the NCLAT's cause lists, case status, orders, and other relevant documents. The website enumerates the rules and laws governing the NCLAT. The notices, circulars and tenders related to NCLAT are also provided on this website.

E-filing:

There is an option to file appeal cases online at the website itself. On the home page, there is an e-filing portal link below. By clicking on it, will be redirected to the other page which is the National Company Law Appellate Tribunal (nclat.gov.in). To file cases, first need to register their account on the NCLAT website. All the parties involved in a case who have registered themselves on https://efiling.nclat.gov.in get an SMS/Email with a listing date after cause lists are finalized. After successfully registering an account, one can file appeals of different kinds. How to file an appeal is mentioned in detail in the User Manual. It is important to note that Users need to submit a copy of the appeal/application/petition and all required documents (to be submitted as part of the appeal/petition/application) at the NCLAT counter. In case of online payment Bharatkosh receipt or demand draft in case of offline payment has to be submitted along with an appeal/application/petition. If there are any questions one can seek answers in FAQs.

Cause list:

The website releases E- Cause List on a day-to-day basis. The E-Cause List can be searched by using description, court number and dates of the cases being proceeded. By going on the Cause List a search bar for finding a particular cause list and a table for daily cause list appear. It is given in the image below.

After clicking on the desired cause list Download Button, a pdf of the cause list will appear. Like the image given below.

As per the image, the cause list contains the subject matter, parties involved, name of counsel, and case number. It would be better if links for case orders/judgments were given in the case number itself. The cause list also contains a Video Conferencing link to attend the hearings.

Case Status:

By navigating to the "Case Status" tab on the website, users can conveniently access the current status of any case pending before the National Company Law Appellate Tribunal (NCLAT) in India. This feature facilitates easy tracking of case progress and enables stakeholders to stay informed about the latest developments.

Upon clicking the "Case Status" tab, users are presented with a user-friendly interface where they can input specific details to retrieve relevant case information. They have the flexibility to search for case status using various parameters such as case number, filing number, case type, party name, or advocate name. This comprehensive search functionality ensures that users can locate the desired case quickly and efficiently.

Once the search parameters are entered, the system retrieves the corresponding case details, including the current status, hearing dates, orders passed, and any other pertinent information related to the case. This allows users to stay updated on the progress of their cases or those they are interested in, without the need for physical visits to the tribunal or lengthy administrative procedures

Orders:

Upon selecting the "Orders" tab on the website, users gain access to a repository of orders issued by the National Company Law Appellate Tribunal (NCLAT) in India. This feature serves as a valuable resource for stakeholders seeking to review and reference specific orders related to cases adjudicated by the tribunal.

The interface allows users to search for orders based on various criteria, enhancing accessibility and ease of use. Users can input specific details such as the case number, filing number, order date, or enter free text to conduct a comprehensive search. This versatile search functionality accommodates different user preferences and requirements, ensuring that users can quickly locate the desired orders.

It's noteworthy that Image 1 pertains specifically to orders issued after May 31, 2023, providing users with access to the most recent adjudicatory decisions. However, for orders issued prior to this date, users can navigate to a separate page dedicated to accessing historical orders. This division ensures that users can access orders from both recent and earlier periods, facilitating comprehensive research and analysis.

Upon selecting the desired criteria and conducting the search, the system retrieves the relevant orders, presenting them in a structured format for easy review. Users can view details such as the order date, case details, parties involved, and the text of the order itself. This comprehensive presentation enables users to efficiently review and analyze the content of the orders as per their requirements.

Judgments:

Upon navigating to the "Judgments" tab on the website, users gain access to an extensive repository of judgments delivered by the National Company Law Appellate Tribunal (NCLAT) in India. This feature serves as a valuable resource for legal professionals, litigants, and other stakeholders seeking comprehensive information about past case rulings.

By inputting specific details such as case number, filing number, free text, or judgment date into the designated search fields, users can efficiently locate judgments relevant to their query. This versatile search functionality accommodates various search preferences and enables users to pinpoint specific judgments with ease.

It's noteworthy that Image 1, accessible through the "Judgments" tab, exclusively displays judgments delivered after 31 May 2021. For users interested in accessing judgments rendered before this date, there is a separate page dedicated to retrieving prior judgments. This segmentation ensures that users can navigate the database efficiently and retrieve judgments from their preferred timeframe without unnecessary clutter.

Upon conducting the search, the system retrieves the desired judgments along with relevant details such as case particulars, judgment date, and a brief summary. Users can then review the full text of the judgment, providing comprehensive insights into the tribunal's legal reasoning, findings, and conclusions.

Video Conferencing/Virtual Hearing:

In response to the COVID-19 pandemic and the need for social distancing measures, the National Company Law Appellate Tribunal (NCLAT) has issued an SOP[11] for advocates and parties involved in cases to participate in hearings virtually via video conferencing (VC). This initiative aims to ensure the continuity of legal proceedings while prioritizing the safety and well-being of all stakeholders.

Detailed instructions for availing virtual hearings are provided in a circular issued by the NCLAT.[12] This circular outlines the procedures and protocols to be followed by advocates and parties wishing to attend hearings remotely. It includes guidance on accessing the VC platform, technical requirements, and adherence to decorum during virtual proceedings.

Importantly, the circular emphasizes the integration of virtual hearing options directly into the cause list, streamlining the process for advocates and parties to access the VC link corresponding to their case. This integration enhances convenience and accessibility, enabling seamless transition to virtual hearings.

The decision to implement virtual hearings aligns with the standard operating procedures (SOP) issued by the NCLAT in response to the COVID-19 spread. By leveraging technology to facilitate remote participation, the NCLAT demonstrates its commitment to ensuring the efficient and effective administration of justice during challenging circumstances.

Disposal Report:

There is no disposal report on cases disposed of or pending at NCLAT.

ISSUES INVOLVED

  1. Need for Special Benches: Establishing a specialized bench within NCLAT dedicated exclusively to handling competition law appeals is recommended. The same recommendation can be used to establish a specialized Bench for IBC matters[13].
  2. Lack of proper Technical Members: Currently, the NCLAT bench lacks a technical member with expertise or background in competition law and IBC matters. Therefore, it is suggested to reintroduce qualifications for technical members appointed to the competition law bench, similar to those outlined in Section 53D for COMPAT but omitted by the Finance Act of 2017. This is crucial for ensuring that the NCLAT bench comprises experts capable of comprehending and adjudicating competition law matters[13].
  3. Expert Assistance: Recognizing the complexity of competition law issues, the NCLAT should seek expert assistance, especially in areas such as the nuanced economic aspects of competition law cases and the technological dimensions of e-commerce cases. An amendment to Section 35 of the Competition Act, as recommended by the Competition Law Review Committee (CLRC), could allow the engagement of experts in economics, commerce, international trade, or other relevant disciplines during NCLAT proceedings[13].
  4. Vacancy of Judges: The National Company Law Appellate Tribunal (NCLAT), has been grappling with resource challenges, particularly in terms of vacant judicial positions and inadequate infrastructure. This scarcity of resources has had a noticeable impact on the efficiency of the virtual adjudication process, which was adopted in response to the COVID-19 pandemic but has experienced slowdowns. Notably, there has been a prolonged period without the appointment of a regular Chairperson since January 2020. The shortage of members has further exacerbated the situation, with one bench being tasked with handling cases from multiple benches, resulting in a substantial backlog of cases. The challenges were compounded by the effects of the coronavirus pandemic. Justice M M Kumar highlighted the impact of these resource constraints. He mentioned that the absence of a regular Chairperson post-January 2020, coupled with a depleted strength of members, led to significant challenges in case management. The situation was worsened by the pandemic, which further hampered the tribunal's ability to efficiently address the growing number of cases[14].
  5. Slower Disposal of IBC Cases: According to the 2021 data from the Insolvency and Bankruptcy Board of India (IBBI), a substantial 73% of the Corporate Insolvency Resolution Process (CIRP) cases as of September 30 2021 have exceeded the stipulated 270-day period, representing a significant increase beyond the maximum permissible duration. The Insolvency and Bankruptcy Code (IBC) was enacted to facilitate a time-bound and market-linked resolution of distressed assets, with the IBBI playing a crucial role in its implementation. However, the extended duration of CIRP cases, as highlighted by the data, indicates challenges in adhering to the prescribed timelines. The complexity of larger cases is cited as a primary reason for the prolonged resolution process, with numerous issues arising during insolvency proceedings. The Insolvency and Bankruptcy Code has undergone multiple amendments to address evolving challenges, reflecting the continuous effort to refine and improve the law. Despite being in existence for five years, the IBC is considered a relatively new legislation, and practical difficulties persist. In specific cases, such as those involving home buyers, the resolution process is further complicated by the involvement of multiple groups with varying concerns. Virender Ganda, the then President of the National Company Law Tribunal and Appellate Tribunal (NCLAT) Bar Association, pointed out that the delays can be attributed to the prolonged absence of regulatory heads at the NCLT and NCLAT. Additionally, there had been a shortage of judicial and technical members, and the tribunals operated with understaffed resources during the challenging times of the COVID-19 pandemic. These factors collectively contributed to the delays in the resolution of insolvency cases[14].
  6. Lack of Transparency: There is no disposal report either month-wise or year-wise to know about the statistics of total cases registered, total cases pending, and total cases disposed of. These statistics are very essential to know about the efficiency of NCLAT. So it is highly recommended to include this report in the website itself.

WAY FORWARD

NCLAT could explore measures to expedite case disposal, such as increased use of technology, additional manpower, and improved case management systems. The government may consider allocating more resources, both human and technological, to NCLAT to address capacity constraints. Regular reviews of the legal framework and training programs for judges and legal professionals can contribute to improved understanding and consistent interpretation of laws. Enhancing coordination with international legal systems and regulatory bodies can facilitate smoother proceedings, especially in cases involving multiple jurisdictions. Embracing and implementing technological solutions can streamline processes and improve the overall efficiency of NCLAT proceedings. Public outreach programs and educational campaigns can help increase awareness about NCLAT's functions and procedures, making it more accessible to stakeholders.

The government, legal community, and stakeholders need to collaborate in addressing these challenges and continuously improving the functioning of NCLAT to ensure a robust and efficient corporate dispute resolution system. As the legal landscape evolves, ongoing reforms and adaptability will be crucial for the tribunal's effectiveness. Please check the latest sources for the most current information and developments regarding NCLAT.

REFERENCES

  1. https://indiankanoon.org/doc/359668/
  2. R Gandhi v. Union of India [(2010) 11 SCC 104]
  3. Madras Bar Association v. Union of India [(2015) SCC OnLine 1094]
  4. https://nclat.nic.in/about-NCLAT/about-chairperson
  5. https://nclat.nic.in/about-NCLAT/nclat-members
  6. Section 3(11) of the Tribunal (Conditions of Service) Rules, 2021
  7. https://www.scconline.com/blog/wp-content/uploads/2020/02/216109.pdf
  8. https://www.dor.gov.in/sites/default/files/Rules%202017.pdf
  9. https://ca2013.com/notifications/notification-constitution-nclat-bench-chennai-dated-13-03-2020-w-e-f-18-03-2020/
  10. https://nclat.nic.in/
  11. https://nclat.nic.in/sites/default/files/2022-04/SOP.pdf
  12. https://nclat.nic.in/sites/default/files/2023-11/Instructions%20for%20joining%20Video%20Conferencing.pdf
  13. 13.0 13.1 13.2 Suhag, N. S., Sarvate, A., & Raj, A. (2022). Analysis of NCLAT’s Functioning as Competition Law Appellate Tribunal. Competition Commission of India Journal on Competition Law and Policy, 71–96. https://doi.org/10.54425/ccijoclp.v2.36
  14. 14.0 14.1 Insolvency cases: After missed timelines in 2021, process likely to speed up with improved infrastructure. (2021, December 31). The Hindu Businessline. https://www.thehindubusinessline.com/news/insolvency-cases-after-missed-timelines-in-2021-process-likely-to-speed-up-with-improved-infrastructure/article38077868.ece
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