the structure of the adjudicating authority as applicable to the matters filed under theInsolvency and Bankruptcy Code.
Question
the structure of the adjudicating authority as applicable to the matters filed under the Insolvency and Bankruptcy Code.
Solution
The Insolvency and Bankruptcy Code (IBC), 2016, in India has established a comprehensive and systematic legal framework for the insolvency and bankruptcy process. The adjudicating authority for matters filed under the IBC is structured as follows:
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National Company Law Tribunal (NCLT): The NCLT is the primary adjudicating authority for insolvency and bankruptcy matters for companies and limited liability partnerships under the IBC. It has the power to admit or reject insolvency petitions, and oversee the entire insolvency process.
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National Company Law Appellate Tribunal (NCLAT): The NCLAT serves as the appellate authority for decisions made by the NCLT. Parties can appeal to the NCLAT if they are dissatisfied with the decision of the NCLT.
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Debt Recovery Tribunal (DRT): The DRT serves as the adjudicating authority for insolvency and bankruptcy matters for individuals and partnership firms under the IBC. It performs similar functions as the NCLT but for a different set of entities.
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Debt Recovery Appellate Tribunal (DRAT): The DRAT serves as the appellate authority for decisions made by the DRT.
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Supreme Court of India: The Supreme Court is the final appellate authority for decisions made by the NCLAT and DRAT. Parties can appeal to the Supreme Court if they are dissatisfied with the decisions of the NCLAT or DRAT.
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Insolvency and Bankruptcy Board of India (IBBI): The IBBI is not an adjudicating authority but plays a crucial role in the implementation of the IBC. It is responsible for regulating insolvency professionals, insolvency professional agencies, and information utilities.
This structure ensures a systematic and efficient resolution of insolvency and bankruptcy cases, with multiple levels of appeal to ensure fairness and justice.
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