Section 420: Orders of Tribunal

Companies Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2013
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Legal Commentary & Landmark Judgments: Section 420

Section 420 governs the passing of orders by the National Company Law Tribunal, mandating adherence to principles of natural justice and conferring a 2-year statutory power to rectify mistakes apparent from the record.

  • Core Legal Standard: Section 420(1) mandates that the Tribunal may, after giving the parties to any proceeding before it a reasonable opportunity of being heard, pass such orders thereon as it thinks fit.
  • Sub-Section (2): Tribunal: Sub-section (2) confers an express statutory rectification power: the Tribunal may, at any time within two years from the date of the order, with a view to rectifying any mistake apparent from the record, amend any order passed by it, and shall make such amendment if the mistake is brought to its notice by the parties.
  • Sub-Section (2) Provision: Sub-section (2) proviso mandates that no such amendment shall be made if it has the effect of enhancing an assessment or increasing liability without giving the affected party reasonable notice and opportunity of being heard.

Sub-section (3) requires sending copies of all orders to all parties concerned.

Key Landmark Precedents:
  • State Bank of India v. Ramakrishnan (2018) 17 SCC 394: The Supreme Court analyzed the statutory powers of the NCLT under Section 420, confirming that the Tribunal must operate strictly within the boundaries of statutory authority and principles of natural justice.
  • Embassy Property Developments Pvt. Ltd. v. State of Karnataka (2020) 13 SCC 308: The Supreme Court held that the NCLT is a tribunal of defined statutory jurisdiction created under Section 408, and its powers under Section 420 cannot be expanded to decide matters falling exclusively under public administrative law.
Legal Commentary:

Section 420(2) is a frequent procedural battleground before NCLT benches. Rectification of an order is strictly confined to 'mistakes apparent from the record'—such as typographical, calculation, or undisputed factual errors. The NCLT cannot utilize Section 420(2) to review its substantive legal findings or rehear matters on merits; any substantive challenge must be pursued as an appeal to the NCLAT under Section 421.