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Did you ever wonder why NCLT VS NCLAT exists? Well, through this presentation, we are going to look deeply into National Company Law Tribunal and National Company Law Appellate Tribunal. Read carefully and if you have any queries, Registrationwala portal is here to aid you. <br><br>https://www.registrationwala.com/knowledge-base/insolvency/bankruptcy/difference-between-nclt-and-nclat
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NCLT (National Company Law Tribunal) & NCLAT (National Company Law Appellate Tribunal) Presented By: Registrationwala
Company Tribunals In IBC There are two company tribunals in the insolvency and bankruptcy (IBC) code, these are: NCLT NCLAT
What Is NCLT? NCLT is the short form of National Company Law Tribunal. This tribunal is the one that adjudicates the matters related to Insolvency and Bankruptcy.
What Are The Functions Of NCLT? The functions of NCLT are as follows: Deciding the cases of Insolvency and Bankruptcy. It works according to the principles of natural justice It is bound by strict regulations of procedures and evidences. It decides upon the result of insolvency proceedings.
Member Composition Of NCLT There are three kinds of Members in the NCLT: • Judicial Members • President • Technical Members
Judicial Members Of The NCLT Judicial Members High Court Judge District Judge Advocate
President Eligibility Of NCLT? • Should have been high court judge for 5 years. • Should be appointed on consultation from Chief Justice of India.
Technical Members Of NCLT PCS (Provincial Civil Service) PCA (Prompt corrective Action Officials) Technical Members PCWA Joint Secretary Labour court president
Members Eligibility Of NCLT • Chair Person of NCLAT : The chair person should be a person who either is or has been the judge of the Supreme Court • Judicial Member of NCLAT : The members should be the one who have been judges of the High Court or Judicial Member • Technical Member of NCLAT : The members should have special knowledge and experience of more than 15 years in the matter of law, industrial finance & administration.
What Is NCLAT? NCLAT is the short form for National Company Law Appellate Tribunal. It is the tribunal that handles the appeals against the decision of NCLT.
What Are The Functions Of NCLAT? The functions of NCLAT are as follows: 1. Listening to appeals against NCLT’s decision. 2. Correcting the errors that NCLT made. 3. Acting as an intermediate appellate forum for insolvent entities. 4. Being the tribunal that lies between NCLT and Supreme Court.
Members Of NCLAT Chair Person NCLAT Technical Member Judicial Member
Members Eligibility Of NCLAT • Chair Person of NCLAT : The chair person should be a person who either is or has been the judge of the Supreme Court. • Judicial Member of NCLAT : The members should be the one who have been judges of the High Court or Judicial Member. • Technical Member of NCLAT: The members should have special knowledge and experience of more than 15 years in the matter of law, industrial finance & administration.
Difference Between NCLT And NCLAT The differences between the true tribunals are as follows: NCLT (National Company Law Tribunal) NCLAT (National Company Law Appellate Tribunal) • • It holds appellate jurisdictions over the cases judged by NCLT. It holds primary jurisdiction on cases of Insolvency and Bankruptcy. • • NCLT accepts and analyzes the evidences from Creditors/debtors. NCLAT accepts and analyzes the decisions made by NCLT. • • NCLT collects facts and evidences. NCLAT analyzes facts and evidences.
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