NCLT Vs NCLAT: How do these two tribunals differentiate from each other and what decisions do they make? In this particular presentation, you are going to gain knowledge in depth about these matters. For more information, reach out to Registrationwala.
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Difference between NCLT and NCLAT PPT
1. NCLT (National Company Law Tribunal)
&
NCLAT (National Company Law Appellate Tribunal)
Presented By:
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2. Company Tribunals In IBC
There are two company tribunals in the insolvency and bankruptcy (IBC) code,
these are:
NCLT NCLAT
3. 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.
4. 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.
5. Member Composition Of NCLT
There are three kinds of Members in the NCLT:
• Judicial Members
• President
• Technical Members
6. Judicial Members Of The NCLT
Judicial
Members
High Court Judge
District Judge Advocate
7. President Eligibility Of NCLT?
• Should have been high court judge for 5 years.
• Should be appointed on consultation from Chief Justice of India.
8. Technical Members Of NCLT
Technical
Members
PCS (Provincial Civil Service)
PCA (Prompt corrective Action
Officials)
PCWA
Joint Secretary
Labour court president
9. 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.
10. 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.
11. 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.
13. 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.
14. 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 primary jurisdiction on
cases of Insolvency and
Bankruptcy.
• It holds appellate jurisdictions
over the cases judged by NCLT.
• 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.