Discuss the provisions relating to appeal from the orders of Tribunal under Section 421 of the Companies Act, 2013?

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2023
Discuss the provisions relating to appeal from the orders of Tribunal under Section 421 of the Companies Act, 2013?

Answer & Explanation:

Section 421 of the Companies Act, 2013 deals with appeal from orders of Tribunal as follows: Appeal to NCLAT - Any person aggrieved by an order of the Tribunal may prefer an appeal to the Appellate Tribunal. No appeal in consent orders - No appeal shall lie to the Appellate Tribunal from an order made by the Tribunal with the consent of parties. Limitation period for appeals - Every appeal shall be filed within a period of forty-five days from the date on which a copy of the order of the Tribunal is made available to the person aggrieved and shall be in such form, and accompanied by such fees, as may be prescribed. However, the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days from the date aforesaid, but within a further period not exceeding forty-five days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within that period. Order after reasonable opportunity - On the receipt of an appeal, the Appellate Tribunal shall, after giving the parties to the appeal a reasonable opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. Copies to parties - The Appellate Tribunal shall send a copy of every order made by it to the Tribunal and the parties to appeal.

Topics: Company Law

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