REGULATORY · INDIA
NCLAT directs NCLT to issue certified copies
Change
NCLAT ordered that NCLT registries are required to provide certified copies of NCLT orders to persons aggrieved by those orders for the purpose of filing appeals.
Why it matters
The direction was issued in SA Jhan Mohammed v. Ashish Vyas. The bench stated that a person aggrieved by an NCLT order is entitled to challenge it under appellate rules irrespective of party status. An appellant must produce a certified copy of the order when filing an appeal before NCLAT. The February 27 order required the concerned NCLT registry to issue the certified copy to the appellant.
Implications
- • NCLT registries must process certified-copy requests from persons aggrieved by NCLT orders, including non-parties.
- • Prospective appellants are required to obtain and produce certified copies when filing appeals at NCLAT.
- • Registries cannot refuse certified-copy requests solely on the basis that the requester was not a party to the original proceedings.
Who is affected
- • NCLT registries
- • Prospective appellants (persons aggrieved by NCLT orders)
- • Legal practitioners filing appeals before NCLAT
Source
Topics
World & Politics Governance Law & Public Safety Court Rulings Compliance