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LegalN

NCLAT - National Company Law Appellate Tribunal

3 min read

Quick Summary

NCLAT hears appeals against decisions of NCLT and orders of CCI.

The National Company Law Appellate Tribunal (NCLAT) is the appellate body that hears appeals against orders of the National Company Law Tribunal (NCLT), the Insolvency and Bankruptcy Board of India (IBBI) and the Competition Commission of India (CCI). It was constituted under Section 410 of the Companies Act, 2013 and became operational on 1 June 2016. Its Principal Bench sits in New Delhi, with a second bench at Chennai. Each bench comprises judicial and technical members, headed by a Chairperson who is usually a retired Supreme Court judge or Chief Justice of a High Court.

What it hears

  • Appeals against NCLT orders in company-law matters (mergers, oppression and mismanagement, winding up, class actions).
  • Appeals against NCLT orders passed under the Insolvency and Bankruptcy Code, 2016 (corporate insolvency and liquidation).
  • Appeals against CCI orders under the Competition Act, 2002.

Timelines

StageProvisionLimitation
NCLT to NCLAT (company law)Section 421, Companies Act 201345 days, extendable by 45 days
NCLT to NCLAT (insolvency)Section 61, IBC 201630 days, extendable by 15 days
NCLAT to Supreme CourtSection 423, Companies Act 201360 days, on a question of law

Why it matters

NCLAT provides a single specialist forum for corporate, insolvency and competition appeals, keeping such disputes out of the ordinary civil courts. Its rulings on insolvency and merger matters shape how businesses restructure, and a final appeal lies only to the Supreme Court, and only on a substantial question of law.

Key Points

  • Appellate tribunal
  • Hears NCLT appeals
  • Based in Delhi
  • Appeal to Supreme Court
  • Also hears CCI appeals