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{{Short description|Indian tribunal}}
{{confused|National Company Law Tribunal}}
{{Multiple issues|
{{Context|date=October 2019}}
{{More citations needed|date=October 2019}}
}}
{{Corporate law}}
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|Companies Act, 2013]]. The NCLAT was formed as a body with an appellate jurisdiction at the same time when [[National Company Law Tribunal|NCLT]] was established as a major reform as per powers granted to the [[Ministry of Corporate Affairs]] in India.

The tribunal is responsible for hearing appeals from the orders of [[National Company Law Tribunal|National Company Law Tribunal(s) (NCLT)]], starting on 1 June 2016.<ref>{{Cite web|url=https://nclat.nic.in/?page_id=113|title=ABOUT NCLAT|website=NCLAT Official Website|access-date=2019-10-10|archive-date=2020-04-07|archive-url=https://web.archive.org/web/20200407111040/https://nclat.nic.in/?page_id=113|url-status=dead}}</ref>

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 the [[National Financial Reporting Authority]] (NFRA).

On 8 November 2021, Justice Ashok Bhushan has been appointed as the Chairperson of the Appellate Tribunal.<ref>{{Cite news|url=https://timesofindia.indiatimes.com/india/justice-ashok-bhushan-takes-charge-as-nclat-chairperson/articleshow/87583992.cms |title=Justice Ashok Bhushan takes charge as NCLAT Chairperson |publisher=Times of India |date=2021-11-08}}</ref>

== History and objective ==
National Company Law Appellate Tribunal was formed on 1 June 2016 under The [[Companies Act 2013]].<ref name="at1">{{cite news |title=What is National Company Law Appellate Tribunal? - Times of India |url=https://timesofindia.indiatimes.com/business/india-business/what-is-national-company-law-appellate-tribunal/articleshow/72868486.cms |access-date=4 April 2022 |work=The Times of India |date=18 December 2019 |language=en}}</ref> 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 the Insolvency and Bankruptcy Code, 2016.

The decisions of National Company Law Appellate Tribunal are appealable in the [[Supreme Court of India]]. National Company Law Appellate Tribunal has principle bench in [[Delhi]] and other one in Chennai.<ref name="at4">{{cite news |title=Former SC judge Justice Ashok Bhushan takes charge as NCLAT Chairperson |url=https://www.business-standard.com/article/companies/former-sc-judge-justice-ashok-bhushan-takes-charge-as-nclat-chairperson-121110800992_1.html |access-date=4 April 2022 |publisher=Business Standard India |date=8 November 2021}}</ref>

== Structure of NCLAT ==
The NCLAT includes a Chairperson, 3 judicial members, and 2 technical members.<ref name="at6">{{cite news |title=Govt seeks applications for 20 judicial, technical members at NCLT, NCLAT |url=https://www.business-standard.com/article/jobs/govt-seeks-applications-for-20-judicial-technical-members-at-nclt-nclat-121101700299_1.html |access-date=4 April 2022 |publisher=Business Standard India |date=17 October 2021}}</ref> It consists of a total of not more than eleven members.<ref name="at1" /> Ashok Bhushan, retired judge of Supreme Court is the current chairman of National Company Law Appellate Tribunal.<ref name="at3">{{cite news |title=Justice (retd) Sh. Ashok Bhushan appointed as NCLAT Chairperson |url=https://www.thehindubusinessline.com/news/justice-retd-ashok-bhushan-appointed-as-nclat-chairperson/article37232665.ece |access-date=4 April 2022 |publisher=thehindubusinessline.com |date=29 October 2021 |language=en}}</ref>

Qualifications for Judicial member at National Company Law Appellate Tribunal:

* Should be of 50 years old.
* Served at least 5 years as District Judge or High Court Judge or has a minimum 10 years experience serving in any judicial authority.

Qualifications for Technical member at National Company Law Appellate Tribunal:

* Should be of 50 years old.
* Any person practicing as a [[Chartered accountant (India)|Chartered Accountant]], Cost Accountant or [[Company Secretary (India)|Company Secretary]] for a period of 15 years.
* Any person holding the rank of Secretary or Additional Secretary to the central government and is a member of the [[Indian Corporate Law Service]] or Indian Legal Service for more than 15 years.

== List of present members ==
Following is the list of Hon'ble Chairperson and Sitting Members<ref>{{Cite web |title=About NCLAT {{!}} National Company Law Appellate Tribunal (NCLAT) |url=https://nclat.nic.in/about-NCLAT |access-date=2025-04-02 |website=nclat.nic.in}}</ref>
{| class="wikitable"
|+
!Sr.No
!Name
!Designation
!Date of Joining
|-
|01
| Ashok Bhushan
|Chairperson
|08-11-2021
|-
|02
|Rakesh Kumar Jain
|Judicial
|17-05-2022
|-
|03
|Yogesh Khanna
|Judicial
|19-02-2024
|-
|04
|Sharad Kumar Sharma
|Judicial
|19-02-2024
|-
|05
|Barun Mitra
|Technical
|
|-
|06
|Naresh Salecha
|Technical
|17-05-2022
|-
|07
|Ajai Das Mehrotra
|Technical
|
|-
|08
|Arun Baroka
|Technical
|
|-
|09
| Indevar Pandey
|Technical
|01-03-2024
|-
|10
|Jatindranath Swain
|Technical
|
|}

== Powers and functions ==
The following are the powers and functions of the National Company Law Appellate Tribunal.

# Orders issued by [[National Company Law Tribunal]]
# Orders issued by [[Competition Commission of India]]
# Orders issued by [[Insolvency and Bankruptcy Board of India]]
# Orders issued by [[National Financial Reporting Authority]]

== References ==
{{reflist}}

[[Category:Indian company law]]
[[Category:Business and commercial courts]]

National Company Law Appellate Tribunal - Revision history

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