Appeal to Supreme Court
Section 423 of the Companies Act, 2013 deals with appeal to Supreme Court. Any person aggrieved by any order of the Appellate Tribunal may file an appeal to the Supreme Court within sixty days from the date of receipt of the order of the Appellate Tribunal to him on any question of law arising out of such order: Provided that the Supreme Court may, if it is satisfied that The Act came into force on 01 Apr 2014.
Any person aggrieved by any order of the Appellate Tribunal may file an appeal to the Supreme Court within sixty days from the date of receipt of the order of the Appellate Tribunal to him on any question of law arising out of such order:
Provided that the Supreme Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days.
Section 423, The Companies Act, 2013 (Act 18 of 2013).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Tata Industries Limited vs Cyrus Investments Pvt. LTD
Court's Decision & Legal Precedent
The removal of a Director from office, even if carried out in a manner that may be questioned on procedural grounds, cannot be termed as oppressive or prejudicial conduct under Sections 241 and 242 of the Companies Act, 2013, unless it is part of a larger design to oppress or prejudice the interests of some members. The invocation of the 'just and equitable' clause for winding up requires either a functional deadlock or an irretrievable breakdown of trust and confidence in a quasi-partnership relationship. The affirmative voting rights of Directors nominated by institutional shareholders holding majority stakes are valid and do not constitute oppressive conduct. The Tribunal cannot grant reliefs not sought by the petitioners or not permitted under law, including reinstatement of a director after the expiry of his tenure. The conversion of a company from public to private status is valid if the company satisfies the statutory criteria for being classified as a private company, and the Tribunal cannot interfere with such conversion on the ground of lack of probity without establishing actual oppressive or prejudicial conduct.
On this section: Appeal to Supreme Court. The Court clarified that appeals under this section are limited to questions of law arising out of the proceedings before the Tribunal.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Tribunal Act, 2007 (55 of 2007); - (xvii) Section 37 of the Petroleum and Natural Gas Regulatory Board Act, 2006 (19 of 2006); - (xviii) Section 31 of the Airports Economic Regulatory Authority of India Act, 2008 (27 of 2008); - (xix) Section 22 of the National Green Tribunal Act, 2010 (19 of 2010); - (xx) Section 423 of the Companies Act, 2013 (18 of 2013); - (xxi) Section 38 of the Pension Fund Regulatory and Development Authority Act, 2013 (23 of 2013); - (xxii) Section 21 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (22 of 2015); - (xxiii) Section 62 and 182 of Insolvency and …
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… Tribunal Act, 2007 (55 of 2007); - (xvii) Section 37 of the Petroleum and Natural Gas Regulatory Board Act, 2006 (19 of 2006); - (xviii) Section 31 of the Airports Economic Regulatory Authority of India Act, 2008 (27 of 2008); - (xix) Section 22 of the National Green Tribunal Act, 2010 (19 of 2010); - (xx) Section 423 of the Companies Act, 2013 (18 of 2013); - (xxi) Section 38 of the Pension Fund Regulatory and Development Authority Act, 2013 (23 of 2013); - (xxii) Section 21 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (22 of 2015); - (xxiii) Section 62 and 182 of Insolvency and …
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… Forces Tribunal Act, 2007 (55 of 2007); - (xvii) Section 37 of the Petroleum and Natural Gas Regulatory Board Act, 2006 (19 of 2006); - (xviii) Section 31 of the Airports Economic Regulatory Authority of India Act, 2008 (27 of 2008); - (xix) Section 22 of the National Green Tribunal Act, 2010 (19 of 2010); - (xx) Section 423 of the Companies Act, 2013 (18 of 2013); - (xxi) Section 38 of the Pension Fund Regulatory and Development Authority Act, 2013 (23 of 2013); - (xxii) Section 21 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (22 of 2015); - (xxiii) Section 62 and 182 of Insolvency and …
Questions about Section 423
What have the courts held on Section 423 of the Companies Act?
Tata Industries Limited vs Cyrus Investments Pvt. LTD (26 Mar 2021) is the leading judgment on this section among those set out below: Appeal to Supreme Court. The Court clarified that appeals under this section are limited to questions of law arising out of the proceedings before the Tribunal.
How do I find court cases under Section 423 of the Companies Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Companies Act 423, section 423 Companies Act, section 423 of the Companies Act. People searching for it also type companies act 2006 section 423. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Tata Industries Limited vs Cyrus Investments Pvt. LTD (26 Mar 2021).
When did Section 423 of the Companies Act come into force?
Section 423 of the Companies Act, cited as Companies Act 423, came into force on 01 Apr 2014, having been enacted on 29 Aug 2013. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions5089 words
- 143. Powers and duties of auditors and auditing standards1867 words
- 230. Power to compromise or make arrangements with creditors and members1432 words
- 232. Merger and amalgamation of companies1416 words
- 149. Company to have Board of Directors1403 words
- 217. Procedure, powers, etc., of inspectors1390 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.