Bhatt & Joshi Associates, is a leading Full Service Law Firm based in Ahmedabad, in the State of Gujarat, India. Our Corporate Lawyers provide litigation support service before the National Company Law Tribunal (NCLT) in Ahmedabad in Winding up, Insolvency, Corporate disputes, Employees & Labour demands, Bankruptcy, etc. proceedings. Constitution of National Company Law Tribunal (NCLT) was done by the Government of India, Ministry of Corporate Affairs under Section 408 of the Companies Act, 2013 (18 of 2013) with effect from 01st June, 2016. In its Phase One the Ministry of Corporate Affairs has set up eleven Benches. NCLT has its Principal Bench at New Delhi and its Regional Benches at Ahmedabad, Mumbai, Bengaluru, Chennai, Hyderabad, Kolkata, Allahabad, Chandigarh and Guahati.
| S.NO. | Title of Bench | Location | Jurisdiction |
| 1 | (a) NCLT, Principal Bench.
(b) NCLT, New Delhi Bench. |
Block No. 3, Ground Floor, 6th,7th & 8th Floor, CGO Complex, Lodhi Road, New Delhi-110003 | (1)Union Territory of Delhi
(2)State of Rajasthan
|
| 2 | NCLT Ahmedabad Bench. | Anand House, Ground Floor, 1st & 2nd Floor, SG Highway, Thaltej, Ahmedabad-380054 | (1) State of Gujarat
(2) State of Madhya Pradesh (3) Union Territory of Dadra and Nagar Haveli (4) Union Territory of Daman and Diu |
| 3 | NCLT Allahabad Bench. | 9th Floor, Sangam Place, Civil Lines Allahbad-211001 | (1) State of Uttar Pradesh
(2) State of Uttrakhand |
| 4 | NCLT Bengaluru Bench. | Corporate Bhawan, 12th Floor, Raheja Towers, M.G., Road, Benguluru-160019 | (1) State of Karnataka |
| 5 | NCLT Chandigarh Bench. | Ground Floor, Corporate Bhawan, Sector-27 B, Madhya Marg, Chandigarh-160019 | (1) State of Himachal Pradesh
(2) State of Jammu and Kashmir (3) State of Punjab (4) Union Territory of Chandigarh (5)State of Haryana |
| 6 | NCLT Chennai Bench. | Corporate Bhawan (UTI Building),
3rd Floor, No. 29 Rajaji Salai, Chennai-600001 |
(1) State of Kerala
(2) State of Tamil Nadu (3) Union Territory of Lakshadweep (4) Union Territory of Puducherry |
| 7 | NCLT Guahati Bench. | 4th Floor, Prithvi Planet Behind Hanuman Mandir, G.S. Road, Guahati-781007 | (1) State of Arunchal Pradesh
(2) State of Assam (3) State of Manipur (4) State of Mizoram (5) State of Meghalaya (6) State of Nagaland (7) State of Sikkim (8) State of Tripura |
| 8 | NCLT Hyderabad Bench. | Corporate Bhawan, Bandlaguda Tattiannaram Village, Hayatnagar Mandal, Rangareddy District, Hyderabad-500068 | (1) State of Andhra Pradesh
(2) State of Telangana |
| 9 | NCLT Kolkata Bench. | 5, Esplanade Row (West), Town Hall Ground and 1st Floor Kolkata-700001 | (1) State of Bihar
(2) State of Jharkhand (3) State of Odisha (4) State of West Bengal (5) Union Territory of Andaman and Nicobar Island |
| 10 | NCLT Mumbai Bench. | 6th Floor, Fountain Telecom Building No.1, Near Central Telegraph, M.G. Road, Mumbai-400001 | (1) State of Chhattisgarh
(2) State of Maharashtra (3) State of Goa |
Jurisdiction of the NCLT
The NCLT has the jurisdiction to handle all the matters and proceedings filed under the Companies Act 2013; Other courts are barred from exercising the Criminal Jurisdiction where the Tribunal or the Appellate Tribunal is empowered to determine by or under the Companies Act and any other court is barred from granting injunction in respect of any action taken by the NCLT in the exercise of the powers conferred under the Act.[1] The NCLT has the powers to decide the applications related to reconstructions and the winding up of companies.
The NCLT also adjudicates the insolvency resolution process of companies and LLPs under the provision of Insolvency and Bankruptcy Code, 2016.
The NCLT has further powers under the Companies Act to adjudicate proceedings:
- All the actions earlier Initiated before the Company Law Board under the now repealed act (i.e. the Companies Act 1956);
- All the matters pending before the Board for Industrial and Financial Reconstruction, including the ones pending under the Sick Industrial Companies (Special Provisions) Act, 1985; and those pending before the Appellate Authority for Industrial and Financial Reconstruction; and
- All the matters pertaining to the claims of oppression and mismanagement of a company, winding up of companies and all other powers prescribed under the Companies Act.
Appeals before the NCLAT
Decisions of the National Company Law Tribunal may be appealed to the National Company Law Appellate Tribunal, the decisions of which may further be appealed to the Supreme Court of India on a substantial question of law. It must be noted that in rare cases High Court also exercises the powers under Article 226 of the Constitution of India to prevent the abuse of process of law.
References:
[1] NCLT Has Exclusive Jurisdiction For All The Company Matters
