Section 437 of the Companies Act, 2013
Section 437 of the Companies Act, 2013 relates to the powers of the National Company Law Appellate Tribunal (NCLAT).
⚖️ Section 437 – Powers of Appellate Tribunal
Bare Act Language:
The Appellate Tribunal shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters:
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872, requisitioning any public record or document or a copy of such record or document from any office;
(e) issuing commissions for the examination of witnesses or documents;
(f) reviewing its decisions;
(g) dismissing a representation for default or deciding it ex parte;
(h) setting aside any order of dismissal of any representation for default or any order passed by it ex parte;
(i) any other matter which may be prescribed.
✅ Key Highlights:
NCLAT has civil court powers in specific matters during the hearing and disposal of appeals.
Powers include:
Summoning witnesses
Demanding documents
Receiving affidavits
Reviewing own decisions
Dealing with ex parte matters
Ensures that appellate proceedings are conducted fairly, with legal authority comparable to a civil court.
📌 Purpose:
To enable the Appellate Tribunal (NCLAT) to function effectively and ensure that it has the necessary legal powers to administer justice in company law matters.
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