valid as on 18/04/2024

Section 420. Orders of Tribunal
Notified on 01-06-2016

(1) The may, after giving the parties to any proceeding before it, a reasonable opportunity of being heard, pass thereon as it thinks fit.

(2) 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:

Provided that no such amendment shall be made in respect of any order against which an appeal has been preferred under this Act.

(3) The Tribunal shall send a copy of every order passed under this section to all the parties concerned.

2(90) Tribunal means the National Company Law Tribunal constituted under section 408
Refer rule 60, 61, 62 of National Company Law Tribunal Rules, 2016. To view the rule,Click Here

27.3.60 National Company Law Tribunal Rules, 2016

60. Matters relating to the Judgments or Orders of the Tribunal.-

(1) Once the final text of the judgment has been approved and adopted, the judgment shall be signed and dated by the President or the concerned Members or Member and the Registrar, and shall contain the names of the Members who have taken part in the decision.

(2) Any Member differing as to the grounds upon which the judgment was based or some of its conclusions, or dissenting from the judgment, may append a separate or dissenting opinion.

(3) In case the members who have heard the case are equally divided in passing the order or judgment, then the President shall constitute a Bench as referred in sub-section (5) of section 419 of the Act.

27.3.61 National Company Law Tribunal Rules, 2016

61. Amicus Curiae-

(1) The Tribunal may, as its discretion, permit any person or persons, including the professionals and professional bodies to render or to communicate views to the Tribunal as amicus curiae on any point or points or legal issues as the case may be as assigned to such amicus curiae.

(2) The Tribunal may permit amicus curiae to have access to the pleadings of the parties and the Tribunal shall enable the parties to submit timely observations on brief provided by the amicus curiae.

(3) The Tribunal shall be at liberty to direct either of the parties or both the parties to the proceedings involving a point on which the opinion of the amicus curiae has been sought, to bear such expenses or fee as may be ordered by the Tribunal.

(4) The judgment and any appended opinions shall be transmitted to the parties and Io amicus curiae.

27.3.62 National Company Law Tribunal Rules, 2016

62. Recusal.-

(1) For the purpose of maintaining the high standards and integrity of the Tribunal, the President or a Member of the Tribunal shall recuse himself: –

in any cases involving persons with whom the President or the Member has or had a personal, familial or professional relationship; in any cases concerning which the President or the Member has previously been called upon in another capacity, including as advisor, representative, expert or witness; or if there exists other circumstances such as to make the President or the Member’s participation seem inappropriate

(2) The President or any Member recusing himself may record reasons for recusal:

Provided that no party to the proceedings or any other person shall have a right to know the reasons for recusal by the President or the Member in the case.

Enforcement Notification S.O. 1934(E) dated 01/06/2016

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