Tuesday, 26 August 2014

 00:29      No comments

According to S. 2(4) of Companies Act 2013, "Appellate Tribunal" means the National Company Law Appellate Tribunal constituted under section 410.

 

According to S. 410 of Companies Act 2013, The Central Government shall, by notification, constitute, with effect from such date as may be specified therein, an Appellate Tribunal to be known as the National Company Law Appellate Tribunal consisting of a chairperson and such number of Judicial and Technical Members, not exceeding eleven, as the Central Government may deem fit, to be appointed by it by notification, for hearing appeals against the orders of the Tribunal.

 

Also, according to S. 2(29) of Companies Act 2013, Court having jurisdiction in relation to the place at which the registered office of the company concerned is situate, except to the extent to which jurisdiction has been conferred on any district court or district courts subordinate to that High Court under sub-clause (ii);

 

(ii) the district court, in cases where the Central Government has, by notification, empowered any district court to exercise all or any of the jurisdictions conferred upon the High Court, within the scope of its jurisdiction in respect of a company whose registered office is situate in the district;

 

(iii) the Court of Session having jurisdiction to try any offence under this Act or under any previous company law;

 

(iv) the Special Court established under section 435;

 

(v) any Metropolitan Magistrate or a Judicial Magistrate of the First Class having jurisdiction to try any offence under this Act or under any previous company law;

 

So, to the best of my knowledge, appellate tribunal is not a court. As appellate tribunal is not a court, even persons other than lawyer can appear before it.


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