Whether Appellant Requires ‘Leave To Appeal’ If It Wasn’t A Party Before AA? NCLAT Three Member Bench To Decide
The National Company Law Appellate Tribunal (“NCLAT”) has notified that as per the directions of the Hon’ble Chairperson, the reference bearing Reference (CH) No. 01 of 2023 will be listed before a Three-Member Bench on 10.07.2023 at 10:30 AM, in the Court of Chairperson. The NCLAT would be answering whether an Appellant, who was not a party in the proceedings before...
The National Company Law Appellate Tribunal (“NCLAT”) has notified that as per the directions of the Hon’ble Chairperson, the reference bearing Reference (CH) No. 01 of 2023 will be listed before a Three-Member Bench on 10.07.2023 at 10:30 AM, in the Court of Chairperson. The NCLAT would be answering whether an Appellant, who was not a party in the proceedings before the Adjudicating Authority, is required to file an application seeking leave to appeal and whether such application is to be decided before hearing the appeal.
The Three Member Bench shall comprise of the Hon’ble Chairperson, Justice Rakesh Kumar (Judicial Member) and Shri Barun Mitra (Technical Member).
The following questions are to be answered in the reference:
- Whether in Appeal filed under Section 61 of the IBC, by a third party who was not party to the proceedings before the Adjudicating Authority, an application seeking leave to prefer the appeal is necessary to be filed and decided before entertaining the Appeal?
- Whether the Two-member Bench judgment of Chennai Bench dated 24.05.2023 in Trimex Industries Pvt. Ltd.vs. Bhuvan Madan, RP of Sathavahana Ispat Ltd. & Anr., Company Appeal (AT) (CH) (INS.) No. 130 of 2023 in I.A. Nos. 439, 440 & 441/2023, holding that there is no requirement for filing an application for leave to appeal lays down correct law?