The National Company Law Appellate Tribunal, Chennai, ruled that any person aggrieved by an order of the National Company Law Tribunal may obtain its certified copy to file an appeal, even if they were not a party to the original proceedings.
CHENNAI: The National Company Law Appellate Tribunal (NCLAT), Chennai has held that anyone aggrieved by an NCLT order may obtain a certified copy of that order to pursue an appeal, even if they were not a party in the NCLT proceedings.
The ruling was delivered by a Bench comprising judicial member Justice N. Seshasayee and technical member Jatindranath Swain.
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NCLAT emphasised that an aggrieved person may contest an NCLT decision under the appellate rules irrespective of their participation in the original case. While filing an appeal, the appellant must produce a certified copy of the impugned order. Accordingly, the NCLT Registry cannot refuse to issue a certified copy to a third party, the tribunal stated.
The appellate tribunal observed,
“Where a person feels aggrieved by an order of the learned NCLT, irrespective of whether such person is a party to the proceedings or a third party, inasmuch, as such a person is entitled to appeal against the said order under the NCLAT Rules, he is required to file his appeal along with the certified copy of the order under challenge. Therefore, it is imperative that certified copies should be issued even to those third parties who might not be a party to the proceedings before the Learned NCLT,”
The direction followed an appellant’s request for an exemption from producing a certified copy of the NCLT order he wished to challenge. He told NCLAT that the NCLT registry had denied his request on the basis that he was not a party to the proceedings.
The tribunal rejected the registry’s stance and ordered it to issue the certified copy the appellant had sought.
The February 27 order stated,
“We don’t approve this approach of the concerned NCLT, and it is now required to issue a certified copy of the order now under challenge to the appellant,”
NCLAT further instructed the appellant to file the certified copy once it is provided by the NCLT registry. The matter is scheduled for further consideration on April 8.
Advocate Akhil Akbar Ali represented the appellant.
Case Title: SA Jhan Mohammed v. Ashish Vyas.
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