24May
NCLAT Orders that MCA need not be party

National Company Law Appellate Tribunal, New Delhi (NCLAT) on the appeal of Ministry of Corporate Affairs issued, set aside 1 the omnibus order dated of 22.11.2019 2 of the National Company Law Tribunal (NCLT), Principal Bench, New Delhi, whereby it ordered that in all petitions of IBC and Company Petitions, Ministry of Corporate Affairs shall always be arrayed as one of the Respondent. 

The NCLAT vide its order dated 22.05.2020 observed that NCLT does not have any such power to make such order. Further, the order of NCLT was passed without hearing ministry of Corporate Affairs and hence principal of natural justice has been violated.  

Read MoreReferences
  1. NCLAT order dated 22.05.2020 in the Company Appeal No.1417 of 2019[↩]
  2. NCLT, Delhi order dated 22.11.2019 in (IB)-939(PB)/2018[↩]