National Company Law Tribunal (NCLT) | NCLT Advocates
The National Company Law Tribunal (NCLT) is a quasi-judicial body that adjudicates on various matters relating to companies in India. NCLT was established under the Companies Act, 2013 and has primary jurisdiction over the Companies Act and the Insolvency and Bankruptcy Code, 2016 (IBC). Bhatt & Joshi Associates, a premier law firm in Gujarat, Ahmedabad, provides litigation support services to clients at the NCLT, Ahmedabad. In this article, we will discuss the overview of NCLT, its powers, and the various services offered by Bhatt & Joshi Associates at NCLT, Ahmedabad.
Understanding the National Company Law Tribunal (NCLT)
The National Company Law Tribunal(NCLT) is a quasi-judicial body established by the Ministry of Corporate Affairs under Section 408 of the Companies Act, 2013. Its primary jurisdiction covers matters and proceedings filed under the Companies Act, 2013, and the Insolvency and Bankruptcy Code, 2016. The NCLT comprises a President and several judicial and technical members appointed by the Central Government. The National Company Law Tribunal(NCLT) has eleven benches across the country, including one in Ahmedabad.
It is a specialized forum that deals with matters related to companies, such as mergers, amalgamations, winding-up, and insolvency. It has jurisdiction over companies incorporated under the Companies Act, 2013, and the Limited Liability Partnership Act, 2008.
Powers of National Company Law Tribunal (NCLT)
National Company Law Tribunal(NCLT) has the power to adjudicate on various matters related to companies, including:
- Winding-up of companies: NCLT has the power to wind up a company if it is unable to pay its debts or if it is just and equitable to do so.
- Insolvency proceedings: NCLT has the power to initiate insolvency proceedings against a company if it defaults on its debt obligations.
- Mergers and acquisitions: NCLT has the power to approve or reject mergers and acquisitions involving companies.
- Reduction of share capital: NCLT has the power to approve the reduction of share capital of a company.
- Oppression and Mismanagement: NCLT has the power to redress grievances of members or shareholders of a company in case of oppression and mismanagement.
Bhatt & Joshi Associates’ Expertise in Corporate Disputes and Bankruptcy Proceedings
At Bhatt & Joshi Associates, we specialize in handling corporate disputes, winding up, insolvency, bankruptcy proceedings, and more. Our NCLT lawyers have an in-depth understanding of the NCLT’s jurisdiction and the laws governing it, including the Companies Act, 2013, and the Insolvency and Bankruptcy Code, 2016.
Bhatt & Joshi Associates provides a wide range of services at NCLT, Ahmedabad. Our experienced team of lawyers has expertise in the following areas:
- Insolvency and Bankruptcy Proceedings: Our lawyers provide legal services in relation to initiation of insolvency proceedings, drafting of petitions, representation before NCLT, and advising on various aspects of insolvency law.
- Winding-up Proceedings: We assist clients in initiating winding-up proceedings, representation before NCLT, and advising on the various aspects of winding-up law.
- Merger and Acquisition: Our lawyers assist clients in drafting and reviewing merger and acquisition agreements, obtaining approvals from NCLT, and advising on various legal aspects of mergers and acquisitions.
- Oppression and Mismanagement: We assist clients in filing oppression and mismanagement cases before NCLT and representing them in litigation.
- Shareholders Disputes: Our lawyers represent clients in disputes among shareholders, including disputes over shareholding, management control, and dividend distribution.
At Bhatt & Joshi Associates, we pride ourselves on providing best possible litigation support services to clients at the National Company Law Tribunal (NCLT) in Ahmedabad. Our team of highly experienced NCLT lawyers have a deep understanding of various areas of law, including the Companies Act, 2013, and the Insolvency and Bankruptcy Code, 2016, making us well-equipped to handle a wide range of legal corporate matters at the NCLT. With our Best NCLT Lawyers by your side, we assure you of our best efforts in the protection of your legal rights. Contact us today to learn more about our legal services at National Company Law Tribunal (NCLT), Ahmedabad.
“Commerce is the great civilizer, but it can only be that as long as it is also just.” – William Howard Taft
Our established and one of the most accomplished law firms provides our clients legal services before the National Company Law Tribunal (NCLT) Ahmedabad
We, Bhatt & Joshi Associates, Ahmedabad, Gujarat are a leading Full Service Law Firm. Our Corporate Lawyers provide litigation support service, advisory, and other assistance before the National Company Law Tribunal (NCLT) in Ahmedabad. We undertake tasks related to Winding up, Insolvency, Corporate disputes, Employees and Labour demands, Bankruptcy, and others proceedings. We are one of the finest in our domain and provide expertise to our clients with efficiency and precision. It would be insightful to know and understand a bit about the Constitution of the National Company Law Tribunal (NCLT). 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 and has a set up eleven Benches. It has its branches spread across different regions of the country. NCLT has its Principal Bench at New Delhi and its Regional Benches in these areas- Ahmedabad, Mumbai, Bengaluru, Chennai, Hyderabad, Kolkata, Allahabad, Chandigarh, and Guwahati.
About Our Work
More in-depth understanding of the Jurisdiction of the NCLT: NCLT handles 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. Also, any other court is barred from granting an injunction in respect to any action taken by the NCLT in the exercise of the powers conferred under the Act. The NCLT has powers to decide applications related to reconstructions and the winding up of companies. It also adjudicates the insolvency resolution process of companies and LLPs under the provision of the Insolvency and Bankruptcy Code, 2016. The NCLT has further powers under the Companies Act to adjudicate proceedings such as- 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 others
“A modern economy is marked by the feasibility of endogenous change: Modernization brings myriad arrangements from expanded property rights to company law and financial institutions.”