NCLAT Chennai Holds Third Parties Entitled to Certified Copies of NCLT Orders for Filing Appeals

NCLAT Chennai Holds Third Parties Entitled to Certified Copies of NCLT Orders for Filing Appeals

Introduction

The National Company Law Appellate Tribunal (NCLAT), Chennai Bench, has held that certified copies of orders passed by the National Company Law Tribunal must be issued even to third parties who were not part of the original proceedings if they seek to challenge such orders in appeal.

A Bench comprising Justice N. Seshasayee (Judicial Member) and Jatindranath Swain (Technical Member) made this observation while hearing an appeal filed by S.A. Jhan Mohammed concerning proceedings involving Maan Sarovar Properties Development Pvt Ltd.

Factual Background

The matter arose when S.A. Jhan Mohammed, claiming to be an aggrieved person, sought to challenge an order passed by the NCLT in proceedings relating to Maan Sarovar Properties Development Pvt Ltd. Although Mohammed was not a party to the original NCLT proceedings, he sought to file an appeal before the NCLAT. However, he faced difficulty in obtaining a certified copy of the impugned order from the NCLT registry on the ground that he was not a party to the proceedings.

Procedural Background

The appellant approached the NCLAT by filing an appeal along with an application seeking condonation of delay. He also filed an application seeking exemption from filing a certified copy of the impugned order, citing the refusal of the NCLT registry to provide such copy to a non-party. The issue before the NCLAT therefore involved not only the delay in filing the appeal but also the procedural question of whether a third party is entitled to obtain certified copies of tribunal orders.

Issues

1. Whether a third party who was not part of the original NCLT proceedings is entitled to obtain a certified copy of the order.

2. Whether such third party can file an appeal against the NCLT order under the NCLAT framework.

Contentions of the Parties

The appellant contended that he was an aggrieved person and therefore entitled to challenge the NCLT order before the NCLAT. He argued that denial of a certified copy of the order on the ground that he was not a party effectively deprived him of his statutory right to appeal.

The procedural stance of the NCLT registry, which refused to issue the certified copy to a non-party, was indirectly placed in issue before the appellate tribunal.

Reasoning and Analysis

The NCLAT observed that the right to appeal against an order of the NCLT is not confined only to parties to the proceedings. Any person who is aggrieved by such an order is entitled to challenge it under the applicable legal framework.

The Tribunal held that denying certified copies to third parties would effectively frustrate their right to appeal. It emphasised that access to certified copies is a necessary procedural requirement for invoking appellate jurisdiction. The Bench clarified that the entitlement to appeal is independent of whether the person was formally impleaded in the original proceedings. Consequently, procedural barriers such as refusal to issue certified copies cannot be used to defeat that right. The Tribunal therefore disapproved the approach of the NCLT registry and held that certified copies must be issued even to third parties seeking to challenge tribunal orders.

Decision

The NCLAT Chennai Bench directed that certified copies of NCLT orders be issued to third parties who seek to file appeals against such orders. The matter has been listed for further hearing on April 8, 2026.

In this case the appellant was represented by Advocate Akhil Akbar Ali.