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2018 (8) TMI 1704 - AT - Companies LawOrder passed by the Tribunal in the capacity of ‘judicial authority’ under Section 45 of the Arbitration Act, 1996 - Arbitration proceedings - Held 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 ‘judicial authority’ passes order under Section 8 or Section 45 of the Arbitration Act, 1996. As the Tribunal is empowered to pass orders in different capacities under different provisions of the Act, we are of the view that the appeal will lie before the competent forum under the said very Act under which the Tribunal passes the order. If it passes order under Section 420 of the Companies Act, the appeal will lie under section 421 before the National Company Law Appellate Tribunal. If the Tribunal passes order under the capacity of the ‘Adjudicating Authority’ under the ‘I&B Code’, the appeal will lie under section 61 of the ‘I&B Code’ before the National Company Law Appellate Tribunal. If the Tribunal passes order in the capacity of ‘judicial authority’ under Section 45 of the Arbitration Act, 1996, the appeal will not lie under Section 421 of the Companies Act but before an appropriate forum. The impugned order dated 20th April, 2017 having passed by the Tribunal in the capacity of ‘judicial authority’ under Section 45 of the Arbitration Act, 1996, the present appeal under Section 421 of the Companies Act, 2013 is not maintainable before this Appellate Tribunal.
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