Section 437 of the Companies Act, 2013 - Appeal and revision

#section437

#companiesact2013

#appeal

#revision

#specialcourt

#highcourt

Section 437 of the Companies Act, 2013 deals with the appeal and revision of the order passed by the Special Court. This section empowers the High Court, insofar as it may be appropriate, with the same powers as prescribed by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973, with the assumption that a Special Court was to hear matters within its local jurisdiction as if it were a Court of Session.

An appeal is a procedure through which a decision, judgement, or order issued by a lower court is requested to be reconsidered by a higher court. The right to appeal is not a natural right but is conferred by a statute. A revision, on the other hand, is the act of re-examining a case in order to provide relief in cases where there is an error of jurisdiction, i.e., a subordinate court's jurisdiction was improperly exercised. It is a discretionary power. Primarily, an appeal is the continuation of a suit whereas revision is not. Section 437 enables a High Court to exercise the powers of appeal and revision concerning a Special Court in the same manner as it would in the case of a Court of Session.