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Govt moves NCLAT against NCLT order making MCA party in all IBC cases

The appellate tribunal is expected to hear the case on Friday

Press Trust of India  |  New Delhi 

Govt moves NCLAT against NCLT order making MCA party in all IBC cases

The government has moved the National Company Law Appellate Tribunal (NCLAT) against an order passed by to make the a party in all applications filed under the as well as the Act.

In a petition moved through the (MCA), the government said the order passed by the Delhi-based Principal Bench of the (NCLT) was beyond the power and jurisdiction conferred to it.

Passing an order on November 22 in the Oriental Bank of Commerce versus Sikka Papers case, the bench headed by its President Justice M M Kumar had directed that MCA should be a party in all insolvency and company cases filed before it.

On Thursday, the petition filed by MCA against the order was mentioned before an bench headed by its Chairperson Justice S J Mukhopadhaya.

The appellate tribunal is expected to hear the case on Friday.

In its order, the had said, "We further direct that in all cases of Insolvency & Bankruptcy Code and Company Petition, the Union of India, through the Secretary be impleaded as a party respondent so that authentic record is made available by the officers of the Ministry of Corporate Affairs for proper appreciation of the matters."

"This shall be applicable throughout the country to all the benches of the The Registrar shall send a copy of this order to all NCLT benches so that respective Deputy Registrar may ensure that proper parties are impleaded," the NCLT had said on November 22.

First Published: Thu, December 05 2019. 19:40 IST
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