NCLAT : In Thota Gurunath Reddy & Ors. vs. Continental Hospitals Pvt. Ltd. & Ors.

The order passed by the Tribunal in the capacity of ‘Judicial Authority’ under Section 45 of the Arbitration Act, 1996, then the appeal under Section 421 of the Companies Act, 2013 is not maintainable before Appellate Tribunal.

NCLT is empowered to pass orders in different capacities under different provisions of the Act and that the appeal in this particular case will lie before the competent forum under the said very Act under which the Tribunal passes the order.  If the Tribunal passes order in the capacity of ‘Judicial Authority’ under Section 45 of the Arbitration Act, 1996, the appeal will not lie under Section 421 of the Companies Act but before an appropriate forum.

Link : http://164.100.158.198/final_orders/Principal_Bench/2018/company/18072018AT1602017.pdf