The National Company Law Tribunal and the National Company Law Appellate Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908. Explain.
CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · June 2023
The National Company Law Tribunal and the National Company Law Appellate Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908. Explain.
Answer & Explanation:
According to Section 424 of the Companies Act, 2013, the National Company Law Tribunal and the National Company Law Appellate Tribunal shall not, while disposing of any proceeding before it or, as the case may be, an appeal before it, be bound by the procedure laid down in the Code of Civil Procedure, 1908, but shall be guided by the principles of natural justice, and, subject to the other provisions of this Act or of the Insolvency and Bankruptcy Code, 2016 and of any rules made thereunder, the Tribunal and the Appellate Tribunal shall have power to regulate their own procedure. The Tribunal and the Appellate Tribunal shall have, for the purposes of discharging their functions under this Act or under the Insolvency and Bankruptcy Code, 2016 the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a suit.
Topics: National Company Law Tribunal (NCLT)
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