Snowcap Ltd is aggrieved by an order of National Company Law Appellate Tribunal (NCLAT). On 'question of law', the Company wants to file an appeal against the order and approaches you, a Practising Company Secretary. Adv

CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · June 2024
Snowcap Ltd is aggrieved by an order of National Company Law Appellate Tribunal (NCLAT). On 'question of law', the Company wants to file an appeal against the order and approaches you, a Practising Company Secretary. Advise the Company : (a) On the possibility of filing appeal on the basis of question of law (b) As to where that appeal can be filed and (c) Limitation period of the appeal against the order.

Answer & Explanation:

According to section 423 of the Companies Act, 2013, any person aggrieved by any order of the National Company Law Appellate Tribunal (NCLAT) may file an appeal to the Supreme Court within sixty days from the date of receipt of the order of the NCLAT to him on any question of law arising out of such order: Provided that the Supreme Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days. (a) Snowcap Ltd. can file appeal against the order of NCLAT on the basis of question of law. (b) The appeal can be filed to the Supreme Court. (c) The appeal can filed within 60 days from the date of receipt of the order. However, the Supreme Court may allow another 60 days in terms of the proviso to section 423.

Topics: Companies Act, 2013

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