Tribunal [―NCLT‖] and certain
members of the National Company Law Appellate Tribunal [―NCLAT‖],
apart from the President, have been appointed contrary to this Court ... from the Ministry of Law and Justice. However, even today, NCLT
and NCLAT are functioning under the Ministry of Corporate Affairs.
This again needs
Whether questions of fraud can be inquired into by
the NCLT/NCLAT in the proceedings initiated under the
Insolvency and Bankruptcy Code, 2016,
arise ... that the Government of Karnataka had an
efficacious alternative remedy before the NCLAT, the learned
Attorney General submitted, on the basis of the decision
National Company Law Appellate Tribunal, New Delhi
(hereinafter referred to as “NCLAT”). Company Appeal (AT)
(Insolvency) No. 437/2018 was against the rejection of
claims ... salary.
12. By the impugned judgment and order dated
23.4.2019, NCLAT while holding, that RP was justified in
not accepting the claim of EARC
under the Code. He argued that the
National Company Law Appellate Tribunal (“NCLAT”) is an
appellate tribunal which is common to three statutes, namely ... been
deliberated upon in several judgments of the NCLT
and the NCLAT. The existing jurisprudence on this
subject indicates that
National Company Law
2
Appellate Tribunal (hereinafter referred to as “NCLAT”/“Appellate
Tribunal”), qua resolution plans that have been approved by the
Committee of Creditors ... majority. After several proceedings before the
NCLT and the NCLAT, the NCLT, by its judgment dated 08.03.2019
disposed of the application to allow the resolution
National Company Law Appellate Tribunal (for
Signature Not Verified
short “NCLAT”), New Delhi, dated 6th September, 2018,
Digitally signed by
DEEPAK SINGH
Date ... short “IIL”) having its
registered office at Pune, Maharashtra.
4. The NCLAT affirmed the order passed by the National
Company Law Tribunal, Mumbai Bench
Tribunal (`NCLT'
or `Tribunal') and National Company Law Appellate Tribunal (`NCLAT' or
`Appellate Tribunal').
2. In the said writ petition, Madras ... there is no legislative competence to provide for constitution of NCLT and
NCLAT.
(iv) The various provisions of Chapters
limitation. In
an appeal filed to the National Company Law Appellate Tribunal [“NCLAT”],
the corporate debtor relied upon the Full Bench judgment of the NCLAT ... Full Bench and referred the
matter to the Acting Chairman of the NCLAT to constitute a Bench of
coordinate strength to reconsider the judgment
lender
12 Hereinafter also referred to as ‘the Appellate Authority’ or ‘NCLAT’.
13 Final judgment therein has since been reported ... that several appeals
against the said order dated 03.03.2020 were pending before NCLAT; and
the parties agreed that those appeals may be withdrawn to this
Resolution Professional and the
order passed by NCLT
7. Appeals before NCLAT: the impugned 24-29
order
8. The relevant provisions 29-37
WHETHER ... Company Law
1 Hereinafter also referred to as ‘the Appellate Tribunal’ or ‘NCLAT’
2
Tribunal, Allahabad Bench2 on the application moved by the Interim Resolution
