424Procedure before Tribunal and Appellate Tribunal
(1) The Tribunal and the Appellate Tribunal shall not, while disposing of any proceeding before it or, as the case may be, an appeal before it, be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice, and, subject to the other provisions of this Act 1[or of the Insolvency and Bankruptcy Code, 2016 (31 of 2016)] and of any rules made hereunder, the Tribunal and the Appellate Tribunal shall have power to regulate their own procedure.
(2) The Tribunal and the Appellate Tribunal shall have, for the purposes of discharging their functions under this Act 1[or under the Insolvency and Bankruptcy Code, 2016 (31 of 2016)], the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely:--
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act,1872 (1 of 1872), requisitioning any public record or document or a copy of such record or document from any office;
(e) issuing commissions for the examination of witnesses or documents;
(f) dismissing a representation for default or deciding it ex parte;
(g) setting aside any order of dismissal of any representation for default or any order passed by it ex parte; and
(h) any other matter which may be prescribed.
(3) Any order made by the Tribunal or the Appellate Tribunal may be enforced by that Tribunal in the same manner as if it were a decree made by a court in a suit pending therein, and it shall be lawful for the Tribunal or the Appellate Tribunal to send for execution of its orders to the court within the local limits of whose jurisdiction,--
(a) in the case of an order against a company, the registered office of the company is situate; or
(b) in the case of an order against any other person, the person concerned voluntarily resides or carries on business or personally works for gain.
(4) All proceedings before the Tribunal or the Appellate Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228, and for the purposes of section 196 of the Indian Penal Code (45 of 1860), and the Tribunal and the Appellate Tribunal shall be deemed to be civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974)
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1. Ins. by Act 31 of 2016, s. 255 and the Eleventh Schedule (w.e.f. 15-11-2016).
- 407 Definition
- 408 Constitution of National Company Law Tribunal
- 409 Qualification of President and Members of Tribuna
- 410 Constitution of Appellate Tribunal
- 411 Qualifications of Chairperson and members of Appellate Tribunal
- 412 Selection of Members of Tribunal and Appellate Tribunal
- 413 Term of office of President, Chairperson and other Member
- 414 Salary, allowances and other terms and conditions of service of Members
- 415 Acting President and Chairperson of Tribunal or Appellate Tribunal
- 416 Resignation of Members
- 417 Removal of Members
- 417A Qualifications, terms and conditions of service of Chairperson and Member
- 418 Staff of Tribunal and Appellate Tribuna
- 419 Benches of Tribunal
- 420 Orders of Tribunal
- 421 Appeal from orders of Tribuna
- 422 Expeditious disposal by Tribunal and Appellate Tribuna
- 423 Appeal to Supreme Court
- 424 Procedure before Tribunal and Appellate Tribunal
- 425 Power to punish for contempt
- 426 Delegation of power
- 427 President, Members, officers, etc., to be public servant
- 428 Protection of action taken in good faith
- 429 Power to seek assistance of Chief Metropolitan Magistrate, etc
- 430 Civil court not to have jurisdiction
- 431 Vacancy in Tribunal or Appellate Tribunal not to invalidate acts or proceedings
- 432 Right to legal representation
- 433 Limitation
- 434 Transfer of certain pending proceeding