CHAPTER XXVII

Section 421: Appeal from orders of Tribunal

The Companies Act, 2013

(1) Any person aggrieved by an order of the Tribunal may prefer an appeal to the Appellate Tribunal.

(2) No appeal shall lie to the Appellate Tribunal from an order made by the Tribunal with the consent of parties.

(3) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order of the Tribunal is made available to the person aggrieved and shall be in such form, and accompanied by such fees, as may be prescribed:

Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days from the date aforesaid, but within a further period not exceeding forty-five days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within that period.

(4) On the receipt of an appeal under sub-section (1), the Appellate Tribunal shall, after giving the parties to the appeal a reasonable opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against.

(5) The Appellate Tribunal shall send a copy of every order made by it to the Tribunal and the parties to appeal.

Questions on this section

2 questions in 4 of our papers cite Section 421. Try these from the free papers:

1. Under Section 421(3) of the Companies Act, 2013, an appeal to the Appellate Tribunal against an order of the Tribunal shall be filed within:
2. Match List I with List II and select the correct code: List I A. Appeal against an order of the NCLT under the Companies Act, 2013 B. Appeal against an order of the NCLT under the Limited Liability Partnership Act, 2008 C. Appeal against an order of the NCLAT under the Companies Act, 2013 D. Amendment by the NCLT of its own order to rectify a mistake apparent from the record List II 1. Sixty days from availability of a copy of the order, extendable by a further sixty days 2. Forty-five days from availability of a copy of the order, extendable by a further forty-five days 3. At any time within two years from the date of the order 4. Sixty days from receipt of the order, only on a question of law

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