2020 (8) TMI 645

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....bitration and Conciliation Act, 1996' before the Judicial Authority (National Company Law Tribunal) in the pending proceedings under Section 241 and 242 of the Companies Act, 2013. The Judicial Authority (National Company Law Tribunal), New Delhi Bench by impugned order dated 10th September, 2018 refused to refer the matter for arbitration. 2. Being aggrieved, the Applicant/Appellant preferred the appeal under Section 421 of the Companies Act, 2013, which reads as under: "421. Appeal from orders of Tribunal (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 ....

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....In the said case, this Appellate Tribunal observed and held : "30. Similarly, the NCLT though constituted under Section 408 of the Companies Act, 2013, while passes an order under Sections 43 (sic - Section 8) and 45 of the Arbitration Act, 1996, such order is not passed as a Tribunal constituted under Section 408 but in the capacity of 'judicial authority'. 31. From the aforesaid provisions, it is clear that under Section 420 of the Companies Act, 2013, the National Company Law Tribunal passes an order as a 'Tribunal', whereas under the provisions of Section 7 or Section 9 or Section 10 or sub-section (5) of Section 60, the same very Tribunal passes an order as an 'Adjudicating Authority' and the same Tribunal in the capacity of 'judi....

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....ainable before this Appellate Tribunal. 6. In the aforesaid case 'Sumitomo Corporation' (Supra) heard by the Hon'ble Supreme Court on the issue of jurisdiction it was observed that in the event order under Section 45 of the 'Arbitration and Conciliation Act, 1996' is passed by the Company Law Board under the Companies Act, 1956, the power to hear the appeal against the order of the Company Law Board is vested with the Hon'ble High Court under Section 10-F of the Companies Act, 1956. 7. Since promulgation of the Companies Act, 2013, the power of the Hon'ble High Court vested under different provisions stands transferred to 'National Company Law Tribunal' in terms of Section 434 of the Companies Act, 2013 and the appeal power is not vested ....

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....dment) Act, 2002 may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Company Law Board to him on any question of law arising out of such order: Provided that the High Court, may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days." The above provisions make it clear that the forum shall be court authorised by law to hear the appeals from such order. In this regard, it is useful to reproduce the Explanation to Section 47 of the Arbitration Act which reads thus: "47. Evidence.-(1)-(2)*** Explanation.-In this section and all the fo....