Arryan Mohanty, B.B.A. LL.B, Symbiosis Law School, Nagpur
ABSTRACT
A judge or judges' seat or bench in a court, or "court of justice," is referred to as a "tribunal" in the dictionary. However, this word only refers to adjudicating authorities other than ordinary courts of law in administrative law, whereas this definition is very broad and includes even ordinary courts of law. According to the ruling in the case of Durga Shankar Mehta v. Raghuraj Singh & Ors2, the term "tribunal" as used in Article 1363 does not have the same meaning as "court," but rather encompasses all adjudicating bodies as long as they are established by the state and have judicial rather than administrative or executive responsibilities. The National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) have been added to the list of miscellaneous bodies that serve as efficient and advantageous substitutes for courts of law or tribunals in India. In terms of company law-related issues, the establishment of NCLT and NCLAT prepared the way for reform in the judicial system as well as for a quick litigation process. The NCLT and the NCLAT were established due to the Eradi Committee's recommendations in 2002. When the Eradi Committee highlighted this in its report, the basic concept for the establishment of these tribunals is it's own. The Insolvency and Winding Up of the Companies Committee was established in 1999 to review its laws. At this time, the committee suggested in its report that a single tribunal be established for all cases relating to company law in India. This paper discussed the factors that led to the creation of NCLAT, its powers, and the significant decisions made by this statutory body.
