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Companies Law - Highlights / Catch Notes

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Jurisdiction - Status of NCLT as Court or not - The term ...


NCLT Not a Court Under Companies Act; Lacks Authority for Independent Investigations per IBC Section 60(1).

April 15, 2020

Case Laws     Companies Law     AT

Jurisdiction - Status of NCLT as Court or not - The term Adjudicating Authority, as defined in Section 5(1) of IBC cannot come within the ambit of court as defined in Section 2(29) of the Companies Act, 2013. - As per Section 60(1) of ‘I&B’ Code the NCLT is an Adjudicating Authority - NCLT in Law is not empowered to order an investigation directly, to be carried out by the Central Government.

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