CA Foundation · Business Laws · Indian Regulatory Framework
A company in Pune is aggrieved by an order of the National Company Law Tribunal (NCLT) in a matter under company law. It wants to challenge the order. Which is the correct forum for the first appeal?
The first appeal against an NCLT order lies to the National Company Law Appellate Tribunal (NCLAT). Only after that can a further appeal be taken to the Supreme Court, so neither the High Court nor the Registrar of Companies is the correct forum.
- AThe High Court of the state
- BThe National Company Law Appellate Tribunal (NCLAT)Correct
- CThe Supreme Court directly
- DThe Registrar of Companies
Explanation
Appeals from NCLT orders lie to NCLAT, which is the appellate tribunal under the Companies Act framework. A further appeal on questions of law lies to the Supreme Court. The High Court is not the first appellate forum, so that option is wrong.
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