Context:
Meta Platforms moved the National Company Law Appellate Tribunal (NCLAT) challenging the Competition Commission of India (CCI) order imposing a fine of ₹ 213 crore on the tech giant for alleged abuse of its dominant position related to WhatsApp’s 2021 privacy policy.
National Company Law Appellate Tribunal (NCLAT)
This is a quasi-judicial body with its constitutions under Section 410 of the Companies Act, 2013, for hearing appeals against the orders passed by the National Company Law Tribunal(s), NCLT.
- Established
- June 1, 2016
- Aim
- It aims to expedite the resolution of corporate disputes and promote transparency and efficiency in the corporate governance and insolvency processes in India.
- Functions
- Hearing of appeal against NCLT’s, IBBI, Competition Commission of India and orders issued by the National Financial Reporting Authority.
- Has advisory jurisdiction when a legal issue is referred to it by the President of India.
- Structure
- Comprises a chairperson, judicial and technical members appointed by the Central Government.
- Disposing of Cases
- Disposes cases after hearing an appeal, confirming, changing, or setting aside the appealed order.
- Decisions can be appealed to the Supreme Court.
- Powers and Juridictions
- Has powers similar to those vested in a civil court under the Code of Civil Procedure, 1908.
- It can enforce the orders in the same manner as a court decree.
- A civil court has no jurisdiction to entertain any suit or proceeding in respect of anything authorized by the Companies Act, 2013.
