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National Company Law Appellate Tribunal (NCLAT)

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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.
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