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The National Company Law Appellate Tribunal (NCLAT) rejected pleas by the Bombay Stock Exchange (BSE) challenging the National Company Law Tribunal's (NCLT) jurisdiction.
The ruling clarifies that NCLT has the authority under Section 60(5) of the Insolvency and Bankruptcy Code (IBC) to adjudicate matters concerning Demat account freezing during insolvency.
BSE had contended that such issues fall exclusively under the Securities Law Framework and SEBI Circulars.
This decision reinforces the NCLT's comprehensive powers in managing assets of corporate debtors undergoing insolvency resolution.
This case highlights the potential conflict when a company undergoing insolvency (governed by IBC) has assets (like shares in Demat accounts) that are also regulated by specific market laws (governed by SEBI). The NCLAT's decision affirms that for matters directly related to the insolvency resolution process, the NCLT's jurisdiction under the IBC takes precedence, ensuring a unified approach to asset management during corporate distress. This prevents parallel proceedings and potential contradictory orders from different regulatory bodies.
Simple Analogy: Imagine a general contractor (NCLT under IBC) is managing the complete renovation of a house (insolvent company). A specialized electrician (SEBI) usually handles all electrical work. If the renovation requires specific electrical changes for the overall project, the general contractor's authority for the entire project takes precedence over the electrician's usual independent domain, ensuring the whole project moves forward cohesively.
Hears appeals against orders of the NCLT under the IBC and Companies Act, and also against orders of the Insolvency and Bankruptcy Board of India (IBBI) and Competition Commission of India (CCI).
Adjudicating authority for corporate insolvency resolution processes and company law matters.
Regulator for the securities market in India, protecting investors' interests and promoting market development.
A landmark legislation that consolidates and amends the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms, and individuals in a time-bound manner for maximization of value of assets of such persons, to promote entrepreneurship, availability of credit and balance the interests of all stakeholders.
Establishes SEBI as the statutory body to protect the interests of investors in securities and to promote the development of, and to regulate, the securities market and for matters connected therewith or incidental thereto.
GS-II: Government policies and interventions for development in various sectors; GS-III: Indian Economy and issues relating to planning, mobilization of resources, growth, development and employment. Regulatory bodies and their functions.
General Awareness: Indian Economy, Polity, Regulatory Bodies, Important Acts.
Financial Awareness, Legal Aspects of Banking, Regulatory Bodies (RBI, SEBI, NCLT/NCLAT).
General Awareness: Basic knowledge of Indian Economy and legal frameworks.
With reference to the Indian economy, consider the following statements: 1. A share of the household financial savings goes towards government borrowings. 2. Dated securities issued at market-related rates in auctions form a large component of internal debt. Which of the above statements is/are correct?
Answer: Both 1 and 2
Consider the following statements: 1. The Governor of the Reserve Bank of India (RBI) is appointed by the Central Government. 2. Certain provisions in the Constitution of India give the Central Government the right to issue directions to the RBI in public interest. 3. The Governor of the RBI draws his power from the RBI Act. Which of the above statements are correct?
Answer: 1 and 3 only
Along with the Budget, the Finance Minister also places other documents before the Parliament which include 'The Macro Economic Framework Statement'. The aforesaid document is presented because this is mandated by
Answer: Provisions of the Fiscal Responsibility and Budget Management Act, 2003
Medium-High for UPSC (due to its conceptual and legal-economic intersection), Medium for SSC/Banking (as regulatory bodies and their functions are frequently tested).
Appellate body for company law and insolvency matters.
Adjudicating authority for corporate insolvency resolution.
Comprehensive law for insolvency and bankruptcy resolution in India.
An account to hold shares and securities in electronic form.
The official power to make legal decisions and judgments.