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National Company Law Appellate Tribunal

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The National Company Law Appellate Tribunal ( NCLAT ) is a tribunal which was formed by the Central Government of India under Section 410 of the Companies Act, 2013 . The NCLAT was formed as a body with an appellate jurisdiction at the same time when NCLT was established as a major reform as per powers granted to the Ministry of Corporate Affairs in India,

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16-542: The tribunal is responsible for hearing appeals from the orders of National Company Law Tribunal(s) (NCLT) , starting on 1 June 2016. The tribunal also hears appeals from orders issued by the Insolvency and Bankruptcy Board of India under Section 202 and Section 211 of IBC. It also hears appeals from any direction issued, decision made, or order passed by the Competition Commission of India (CCI) and

32-490: A Degree in Law from Madras Law College . Sudhakar enrolled as an advocate and started practice as an associate of the senior advocate Habibullah Badsha, former Advocate General of Tamil Nadu and Public Prosecutor of Madras High Court . Sudhakar practised in all branches of law and specialized in the field of Customs, Central Excise and Sales Tax Law. Besides Madras High Court, he also practiced, appeared in cases before

48-606: A Judge of the Madras High Court. S. P. Sri Ram, his maternal grandfather, served as a District Judge and retired as Chairman of the Sales Tax Appellate Tribunal. He hails from a family actively involved in the Indian independence movement. His maternal great-grandfather S. P. Ayyaswamy Mudaliar , a well known Civil Engineer in the early twentieth century, was an active freedom fighter. During

64-494: A period of five years from the date of appointment or till he attains the age of 67 or until further orders, whichever is earlier. Sudhakar had his early schooling done in Don Bosco Matriculation School, Egmore , Chennai . He graduated from St. Mary’s Higher Secondary School, Madurai , completing his school education. He graduated from Loyola College, Chennai, with a college degree. He was conferred

80-711: Is a quasi-judicial body in India that adjudicates issues relating to Indian companies . The tribunal, established under the Companies Act 2013 , was constituted on 1 June 2016 by the government of India and is based on the recommendation of the V. Balakrishna Eradi committee on law relating to the insolvency and the winding up of companies. All proceedings under the Companies Act, including proceedings relating to arbitration , compromise , arrangements, reconstructions and winding up of companies, are to be before

96-405: Is the current chairman of National Company Law Appellate Tribunal. Qualifications for Judicial member at National Company Law Appellate Tribunal: Qualifications for Technical member at National Company Law Appellate Tribunal: Following are the powers and functions of National Company Law Appellate Tribunal. National Company Law Tribunal The National Company Law Tribunal ( NCLT )

112-682: The High Court of Andhra Pradesh , Karnataka High Court and Kerala High Court . He regularly appeared in matters before the Supreme Court of India as well. Sudhakar was elevated to the Bench as an Additional Judge of the High Court of Madras on 10 December 2005 and as a Permanent Judge on 20 April 2007. On 18 April 2016, he was appointed a judge of the Jammu and Kashmir High Court . He

128-641: The National Financial Reporting Authority (NFRA). On 8 November 2021, Justice Ashok Bhushan has been appointed as the Chairperson of the Appellate Tribunal. National Company Law Appellate Tribunal was formed on 1 June 2016 under Companies Act'2013. The tribunal was formed as appellate authority to the aggrieved persons against the orders of National Company Law Tribunal which were passed under Section 61 of

144-459: The Bench at Amaravati, all the benches have been notified as division benches. Justice R. Sudhakar , a retired Chief Justice of Manipur High Court has been appointed as president of the tribunal since 1 November 2021. The National Company Law Tribunal has the power under the Companies Act to adjudicate proceedings: Following is the list of Hon'ble President and Sitting Members: Decisions of

160-590: The Insolvency and Bankruptcy Code, 2016. The decisions of National Company Law Appellate Tribunal are appellable in Supreme Court of India . National Company Law Appellate Tribunal has principle bench in Delhi and other one in Chennai. The NCLAT includes a Chairperson, 3 judicial members, and 2 technical members. It consists of a total of not more than eleven members. Ashok Bhushan, retired judge of Supreme Court

176-715: The National Company Law Tribunal (NCLT). The NCLT bench is chaired by a Judicial member, who is to be a serving or retired High Court Judge, and a Technical member, who must be from the Indian Corporate Law Service (ICLS) cadre. The National Company Law Tribunal is the adjudicating authority for the insolvency resolution process of companies and limited liability partnerships under the Insolvency and Bankruptcy Code, 2016 . No criminal court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which

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192-511: The Tribunal or the Appellate Tribunal is empowered to determine by or under this Act or any other law for the time being in force and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act or any other law for the time being in force, by the Tribunal or the Appellate Tribunal. The tribunal has sixteen benches, six at New Delhi (one being

208-525: The principal bench) and two at Ahmedabad , one at Prayagraj , one at Bengaluru , one at Chandigarh , two at Chennai , one at Cuttack, one at Guwahati , three at Hyderabad of which one is at Amaravathi , one at Jaipur , one at Kochi , two at Kolkata and five at Mumbai . Of the two new benches approved to be set up, one each in Indore and Amaravathi , the Indore bench is yet to be notified. Except

224-636: The tribunal may be appealed to the National Company Law Appellate Tribunal , the decisions of which may further be appealed to the Supreme Court of India on a point of law. The Supreme Court of India has upheld the Insolvency and Bankruptcy Code in its entirety. R Sudhakar Ramalingam Sudhakar is an Indian Judge. He is former Chief Justice of Manipur High Court . He is also former Acting Chief Justice of Jammu and Kashmir High Court and Judge of Jammu and Kashmir High Court and Madras High Court . He

240-582: Was born on 14 February 1959 and hails from Panapakkam Village, Vellore District in Tamil Nadu . He was overlooked and V. Ramasubramanian was chosen over him as a Supreme Court Judge . The Central Government has approved the appointment of former Chief Justice of Manipur High Court, Justice Ramalingam Sudhakar as the president of the National Company Law Tribunal (NCLT) for a period of five years in October 28, 2021. Justice Sudhakar has been appointed for

256-699: Was the Acting Chief Justice of Jammu and Kashmir High Court , from 15 March 2017 to 31 March 2017, after the retirement of former Chief Justice N. Paul Vasanthakumar , until the appointment of the current Chief Justice, Badar Durrez Ahmed . He once again assumed the role of Acting Chief Justice after the retirement of Justice Badar Durrez Ahmed , on 16 March 2018. He was elevated as Chief Justice of Manipur High Court on 18 May 2018. He retired on 13 February 2021. He currently serves as President of National Company Law Tribunal from 1 November 2021. His father, S. T. Ramalingam served as

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