Section 410: Constitution of Appellate Tribunal

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Act 2013
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Legal Commentary & Landmark Judgments: Section 410

Section 410 empowers the Central Government to constitute the National Company Law Appellate Tribunal (NCLAT) to hear appeals against the orders of the NCLT, Competition Commission of India (CCI), and National Financial Reporting Authority (NFRA).

  • Constitution of NCLAT: Authorizes the Central Government to constitute an Appellate Tribunal consisting of a Chairperson and such number of Judicial and Technical Members (not exceeding eleven) as it thinks fit.
  • Plenary Appellate Jurisdiction: Confers statutory appellate jurisdiction to hear appeals against orders passed by the NCLT under the Companies Act and the Insolvency and Bankruptcy Code, 2016.
  • Multi-Statutory Appellate Hub: Expands NCLAT's jurisdiction to act as the appellate authority against orders passed by the Competition Commission of India under the Competition Act, 2002 and the NFRA under Section 132.
Key Landmark Precedents:
  • Madras Bar Association v. Union of India, (2010) 11 SCC 1: The Constitution Bench upheld the establishment of an appellate tribunal under Section 410, holding that specialized appellate review ensures uniform jurisprudence across various regional benches.
  • Innoventive Industries Ltd. v. ICICI Bank, (2018) 1 SCC 407: The Supreme Court affirmed NCLAT's premier role as the apex factual and legal appellate forum under corporate and insolvency statutes, emphasizing strict adherence to statutory timelines.
Courtroom Practice & Strategic Litigation Guidance:

When filing an appeal before NCLAT, verify that the appeal is lodged within the strict 45-day statutory limitation period under Section 421(3). If delayed, file an application for condonation under the proviso showing sufficient cause, bearing in mind that NCLAT has zero statutory power to condone delay beyond an additional 45 days.