Section 424: Procedure before Tribunal and Appellate Tribunal
This section outlines the procedure to be followed by the Tribunal and the Appellate Tribunal, including their powers and how their orders can be enforced.
The section, clause by clause
What the section says
In plain terms
(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.
The Tribunal and the Appellate Tribunal are not required to follow the procedure laid down in the Code of Civil Procedure, 1908, but will be guided by the principles of natural justice and have the 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:—
The Tribunal and the Appellate Tribunal have the same powers as a civil court under the Code of Civil Procedure, 1908, in respect of matters such as summoning and examining persons, requiring document production, and receiving evidence on affidavits.
(2)(a)summoning and enforcing the attendance of any person and examining him on oath;
(2)(b)requiring the discovery and production of documents;
(2)(c)receiving evidence on affidavits;
(2)(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;
(2)(e)issuing commissions for the examination of witnesses or documents;
(2)(f)dismissing a representation for default or deciding it ex parte;
(2)(g)setting aside any order of dismissal of any representation for default or any order passed by it ex parte; and
(2)(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,—
Orders made by the Tribunal or the Appellate Tribunal can be enforced in the same manner as a court decree, and can be sent for execution to a court within whose jurisdiction the company or person concerned is located.
(3)(a)in the case of an order against a company, the registered office of the company is situate; or
(3)(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).
Proceedings before the Tribunal or the Appellate Tribunal are deemed to be judicial proceedings and the Tribunal and Appellate Tribunal are deemed to be a civil court for certain purposes under the Indian Penal Code and the Code of Criminal Procedure, 1973.
The right-hand column is written from the section text, not quoted from it, and it has no legal force. Where the two differ, the left-hand column is the law.
Amendment notes
- 1. Ins. by Act 31 of 2016, s. 255 and the Eleventh Schedule (w.e.f. 15-11-2016).
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Reproduced from the official India Code print for reference. Check the current text on India Code before you rely on it, and read the section alongside its Rules. Nothing here is legal advice.