Section 443 of the Companies Act, 2013
Section 443 of the Companies Act, 2013 deals with the power of the Tribunal to enforce its orders.
📘 Section 443 – Power of Tribunal to enforce its orders
Provision:
The Tribunal shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of enforcement of its orders.
✅ Key Points:
Tribunal Powers:
The National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) have the power to enforce their own orders just like a civil court.
Scope of Enforcement:
Includes powers such as:
Summoning and enforcing attendance of persons.
Requiring the discovery and production of documents.
Receiving evidence on affidavits.
Issuing commissions for the examination of witnesses or documents.
Legal Standing:
The orders of the Tribunal are legally binding and can be enforced directly by the Tribunal without the need to go to a separate civil court.
📝 Objective:
To empower the NCLT/NCLAT with sufficient judicial authority to ensure compliance with their rulings and to avoid unnecessary delay or litigation in civil courts for enforcement.
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