Advocate Rohit Dandriyal: NCLT & NCLAT Lawyer in Delhi

As a trusted NCLT and NCLAT lawyer in Delhi, Advocate Rohit Dandriyal provides expert legal representation in cases before the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT). With a focus on company law, insolvency, and corporate disputes, Advocate Dandriyal assists clients through the complexities of the Indian corporate legal landscape.

What is NCLT?

The National Company Law Tribunal (NCLT) is a quasi-judicial body that adjudicates company-related matters under the Companies Act, 2013. NCLT’s jurisdiction covers a wide range of issues, including:

• Insolvency and Bankruptcy: NCLT is responsible for hearing cases related to corporate insolvency, including issues under the Insolvency and Bankruptcy Code (IBC).
• Corporate Disputes: It deals with disputes between companies, their shareholders, creditors, and others, addressing issues like mismanagement, oppression, and the failure to repay debts.
• Winding Up and Liquidation: It handles cases where a company or LLP is being wound up or liquidated due to insolvency or voluntary decision.
• Mergers and Acquisitions: The tribunal also plays a key role in approving and regulating corporate restructuring, mergers, and acquisitions.

Key Powers and Functions of NCLT

The NCLT has broad powers to ensure fairness in corporate governance and resolve disputes effectively. Some key powers include:

• Winding Up: Directing the winding-up of a company that is unable to meet its financial obligations.
• Insolvency Proceedings: Adjudicating insolvency cases and appointing insolvency resolution professionals.
• Management and Board Oversight: Resolving disputes related to the appointment, removal, or powers of company directors and officers.
• Investigation: Investigating corporate practices, including issues related to fraudulent transactions, mismanagement, and improper transfers of securities.
• Regulating Shareholders’ Disputes: Addressing issues such as the wrongful refusal of share transfers, disputes over dividend payments, and protection of minority shareholders.

What Types of Cases Does NCLT Handle?

The NCLT hears a variety of corporate-related matters, such as:

• Insolvency Cases: Creditors seeking to recover dues from a defaulting company under the Insolvency and Bankruptcy Code (IBC).
• Winding Up Petitions: Cases where the dissolution of a company is sought due to its inability to pay off debts.
• Mismanagement and Oppression: Petitions related to alleged oppression or mismanagement in a company.
• Corporate Restructuring: Approving or challenging mergers, acquisitions, and demergers of companies.
• Claims for Transparency: Requests for inspection of company documents, including balance sheets, minute books, and auditors’ reports.

NCLT: Jurisdiction and Bench Locations

The NCLT has multiple benches across India, with Delhi housing the Principal Bench and five other benches. Other cities like Ahmedabad, Bengaluru, Mumbai, Hyderabad, Kolkata, and Chennai also host NCLT benches. The NCLAT, which hears appeals from NCLT orders, is based in Delhi.

NCLT’s Impact on Corporate Law in India

The establishment of NCLT under the Companies Act, 2013 replaced the earlier Company Law Board (CLB) and consolidated the functions of multiple tribunals. With judicial powers similar to those of a civil court, the NCLT serves as a more specialized body for resolving corporate disputes, offering faster and more effective resolution, particularly in insolvency and bankruptcy matters.

This streamlined structure aims to reduce the burden on India’s traditional courts, offering a more dedicated forum for addressing company law matters. The introduction of time-bound resolutions (usually between 180-270 days) ensures quicker outcomes for insolvency and corporate disputes.

Who Can File a Case with NCLT?

The NCLT allows various professionals to represent clients, including:

• Advocates (Lawyers): Lawyers specializing in corporate law and insolvency represent clients in NCLT matters.
• Company Secretaries: These professionals also assist in filing certain types of applications under the Companies Act, 2013.
• Chartered Accountants: CA professionals often deal with financial disputes and related matters before NCLT.

In many cases, a NCLT lawyer in Delhi with expertise in corporate law is the most popular choice for individuals seeking to file petitions at the tribunal.

Key Sections Under the Companies Act, 2013 Relevant to NCLT

Several sections of the Companies Act, 2013 provide the framework within which the NCLT operates. Some key sections include:

• Section 2(41): Change in financial year.
• Section 7(7): Incorporation of companies by providing false information.
• Section 59: Rectification of the Register of Members.
• Section 241: Cases of oppression and mismanagement.
• Section 245: Class action suits.
• Section 274: Disqualification of directors.
• Section 213: Investigation into company affairs.

These provisions empower NCLT to resolve disputes and issue binding orders concerning various aspects of corporate governance and management.

Hire Advocate Rohit Dandriyal for Your NCLT Matters

Advocate Rohit Dandriyal’s expertise in NCLT and NCLAT cases can help guide you through complex legal issues in corporate law, including:

• Insolvency and Bankruptcy: Ensuring fair recovery processes for creditors.
• Corporate Governance: Addressing disputes related to management, shareholder rights, and directors’ obligations.
• Winding Up and Liquidation: Managing corporate dissolution and liquidation processes.
• Mergers and Acquisitions: Legal guidance on corporate restructuring.

If you are unsure whether your case falls under the jurisdiction of NCLT or require a consultation, reach out to Advocate Rohit Dandriyal. We offer a no-obligation consultation to help you understand your legal options.