DIFFERENCE BETWEEN COMPANY LAW BOARD AND NATIONAL COMPANY LAW
TRIBUNAL
The Company Law Board (CLB) is a quasi-judicial body, exercising equitable
jurisdiction, which was earlier being exercised by the High Court or the Central Government. The Board has powers to regulate its own procedures. To check the mismanagement in the functioning of a company, the Central government of India has set up a tribunal called the National Company Law Tribunal. The National Company Law Tribunal or NCLT is a quasi-judiciary body established in India, which makes a formal judgment on a disputed matter, relating to the companies issues in India. The Company Law Board has jurisdiction on issues like oppression and mismanagement, compounding, refusal to transmit/transfer shares, inspection, investigation, restriction of shares and debentures. The National Company Law Tribunal, once fully operational, will consolidate the corporate jurisdiction of the Company Law Tribunal, Board of Industrial and Financial Construction, Appellate Authority for Industrial and Financial Reconstruction, Jurisdiction and powers relating to winding up. There is no provision for amicus curiae in Company Law Board. Whereas, in the National Company Law Tribunal, the Draft National Company Law Tribunal Rules, 2013 (Draft rules) enable the NCLT to appoint Amicus Curiae for opinion on various legal issues. In Company Law Board, until now, Company Secretariats, Chartered Accountants, Cost Accountants could represent their clients only before the CLB, the scope of which was limited. The draft rules for National Company Law Tribunal enable other professionals to represent their clients in matters pertaining to mergers/winding- up before the NCLT. Shareholders in Company Law Board have always been allowed to protest against the wrong doings of the management. With the constitution of the National Company Law Tribunal, shareholders and creditors can now file class action against the company.