Lawyer Jabalpur Ajay Gautam Advocate High Court Madhya Pradesh

Lawyer Jabalpur Ajay Gautam Advocate High Court Madhya Pradesh Lawyer Jabalpur Ajay Gautam Advocate High Court Madhya Pradesh

22/02/2024

Books written by Ajay Gautam Advocate, Author

Alien Awakening: Alien coming to Earth and aftermath

Real Existence of God

Love Story Novel Summary

The Perfect Time to Start Investing: A Comprehensive Guide to Building Wealth and Securing Financial Stability

Data Privacy Laws and Data Protection

The Time Machine Book Fiction Stories of Time Travel

Teenage Humanhood: The State or Character of Being Human

HomeSchool: Kids Story, Children’s Story Book with Title

The Best Romantic Love Letters Ever Written

Indian Horror Ghost Stories

Feelings are not Spoken but Felt: Empathy Vs. Sympathy

BrainBook: Mind Reading & Face Reading

Being Human: Questions Yourself

The Art of Debating, Persuading, Public Speaking, Arguing, Reasoning and Discussing

Say or Not Outspoken Introvert

Transform Yourself, You are what you Read

Quantum Energy Chemistry Physics Biology Science

Shark Skin Suit: Dictator Leaders of the World

Legal Eagle Lawyer: International Law and Jurisdictional Issues

Guide to Cryptocurrency, Bitcoin and Billionaires

Handbook of Research Methodology and Publication Ethics Methods and Techniques (Ph.D. UGC NET)

Money Gain Mantra in Life

Renewable Energy Engineering Technology Resources of Green Energy and Civilization

Search for the Divine Prayer Yog Dhyan Mantra

UFO and Aliens Incident on Earth

Handbook of Research Methodology and Publication Ethics Methods and Techniques (Ph.D. UGC NET)
Alien Awakening: Alien coming to Earth and aftermath
Real Existence of God
Love Story Novel Summary
Book: Renewable Energy Engineering Technology Resources of Green Energy and Civilization by Ajay Gautam
Book: Search for the Divine Prayer Yog Dhyan Mantra by Ajay Gautam
Book: UFO and Aliens Incident on Earth by Ajay Gautam
Book: Guide to Cryptocurrency, Bitcoin and Billionaires by Ajay Gautam
Book: Money Gain Mantra in Life by Ajay Gautam
Legal Eagle Lawyer: International Law and Jurisdictional Issues
Quantum Energy Chemistry Physics Biology Science
Shark Skin Suit: Dictator Leaders of the World
Transform Yourself, You are what you Read
Say or Not Outspoken Introvert
The Art of Debating, Persuading, Public Speaking, Arguing, Reasoning and Discussing
Being Human: Questions Yourself
BrainBook: Mind Reading & Face Reading
Feelings are not Spoken but Felt: Empathy Vs. Sympathy
Indian Horror Ghost Stories
The Best Romantic Love Letters Ever Written
HomeSchool: Kids Story, Children’s Story Book with Title
Teenage Humanhood: The State or Character of Being Human
The Time Machine Book Fiction Stories of Time Travel
𝐃𝐚𝐭𝐚 𝐏𝐫𝐢𝐯𝐚𝐜𝐲 𝐋𝐚𝐰𝐬 𝐚𝐧𝐝 𝐃𝐚𝐭𝐚 𝐏𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐨𝐧
The Perfect Time to Start Investing: A Comprehensive Guide to Building Wealth and Securing Financial Stability

Latest Legal News India Supreme Court Updates Judgments11/10/22 State of West Bengal Vs. Anindya Sundar Das11/10/22 Dash...
12/10/2022

Latest Legal News India Supreme Court Updates Judgments
11/10/22 State of West Bengal Vs. Anindya Sundar Das
11/10/22 Dashrathbhai Trikambhai Patel Vs. Hitesh Mahendrabhai Patel
11/10/22 Smt. Imlikokla Longchar Vs. State of Nagaland
11/10/22 S. Vasanthi Vs. M/s. Adhiparasakthi Engg. College
11/10/22 M/s. Ashoka Investment Co. Vs. M/s. United Towers India (Pvt.) Ltd.
10/10/22 Gali Janardhan Reddy Vs. State of Andhra Pradesh
30/09/22 K. Ramya Vs. National Insurance Co. Ltd.
30/09/22 Aminuddin Vs. State of Uttar Pradesh
30/09/22 HDFC Bank Ltd. Vs. Union of India
30/09/22 M/s. Emaar India Ltd. Vs. Tarun Aggarwal Projects LLP
30/09/22 C.S. Ramaswamy Vs. V.K. Senthil
30/09/22 Sushanta Kumar Banik Vs. State of Tripura
30/09/22 Kazi Moinuddin Kazi Bashiroddin Vs. The Maharashtra Tourism Development Corporation, through its Senior Regional Manager Regional Office, MTDC, Aurangabad, Maharashtra
30/09/22 Airport Authority of India Vs. Centre for Aviation Policy, Safety & Research (CAPSR)
30/09/22 Executive Engineer (R and B) Vs. Gokul Chandra Kanungo (D) through his LRS.
30/09/22 Rajasthan State Road Transport Corporation Vs. Bharat Singh Jhala (D) Son of Shri Nathu Singh, through Legal Heirs
30/09/22 Bohatti Devi Vs. State of Uttar Pradesh
30/09/22 Fertilizers and Chemicals Travancore Ltd. Vs. Anusree K.B.
30/09/22 Sanghi Industries Ltd. Vs. Ravin Cables Ltd.
30/09/22 State of Maharashtra Vs. Ms. Madhuri Maruti Vidhate (Since after Marriage Smt. Madhuri Santosh Koli)
30/09/22 State of Maharashtra Vs. Mr. Aspi Chinoy
29/09/22 Nazeer @ Nazeer Mohammed Vs. State represented by inspector of Police
29/09/22 M/s. Prime Properties Vs. Sana Lakshmi Devi (D) through her LRS.
29/09/22 Ritu Rai Vs. State of Uttar Pradesh
29/09/22 X Vs. The Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi
29/09/22 M/s. Jindal Steel and Power Ltd. Vs. The Chhattisgarh State Electricity Regulatory Commission
29/09/22 Sukhbiri Devi Vs. Union of India
29/09/22 Nirendra Nath Kar Vs. Gopal Navin Bhai Dave
28/09/22 State of Andhra Pradesh Vs. State of Karnataka
28/09/22 Karn Singh Yadav Vs. Govt. of NCT of Delhi
28/09/22 Gyandendra Kumar Vs. Bihar Legislative Assembly, Patna
28/09/22 Munilal Vs. State of Jammu and Kashmir
28/09/22 Chotkau Vs. State of Uttar Pradesh
28/09/22 Ram Kumar Vs. State of Uttar Pradesh
28/09/22 Anju Garg Vs. Deepak Kumar Garg
27/09/22 Kolli Satyanarayana (D) by LRS. Vs. Valuripalli Kesava Rao Chowdary (D) through LRS.
27/09/22 Moreshar Yadaorao Mahajan Vs. Vyankatesh Sitaram Bhedi (D) through LRS.
26/09/22 Satish Chandra Yadav Vs. Union of India
26/09/22 K. Madan Mohan Rao Vs. Bheemrao Baswanthrao Patil
26/09/22 Jagdish Prasad Saini Vs. State of Rajasthan
26/09/22 Balkrishna Rama Tarle (D) through LRS. Vs. Phoenix ARC Pvt. Ltd.
26/09/22 Delhi Development Authority Vs. Shiv Kumar
23/09/22 Smt. Kalavati Vs. Mirza Kaisar Baig
23/09/22 Arjun Murmu Vs. State of Odisha
23/09/22 Jigar @ Jimmy Pravinchandra Adatiya Vs. State of Gujarat
23/09/22 Owners and Parties Interested in the Vessel M.V. Polaris Galaxy Vs. Banque Cantonale De Geneve
23/09/22 Union of India Vs. G.R. Meghwal
23/09/22 Usha Gopirathnam Vs. P.S.Ranganathan (D) through LRS.
23/09/22 Harpal Singh Vs. State of Punjab
23/09/22 Aminuddin Vs. State of Uttar Pradesh
23/09/22 M/s. Munjal Showa Ltd. Vs. The Commissioner of Customs and Central Excise (Delhi - IV)
23/09/22 Patel Kodarbhai Mohanbhai Vs. Sonata Ceramica Pvt. Ltd.
23/09/22 Navika Kumar Vs. Union of India
23/09/22 Smt. Sulakshna Vs. Oriental Insurance Co. Ltd.
23/09/22 Jeetubha Khansangji Jadeja Vs. Kutchh District Panchayat
23/09/22 Balram Singh Vs. Kelo Devi
23/09/22 The Inspector of Panchayats and District Collector, Salem Vs. S. Arichandran
22/09/22 Bharat Sanchar Nigam Ltd. Vs. M/s. Tata Communications Ltd.
22/09/22 Gopi @ Goverdhannath (D) by LRS. Vs. Sri Ballabh Vyas
22/09/22 D. Swamy Vs. Karnataka State Pollution Control Board
22/09/22 Hindustan Petroleum Corporation Ltd. Vs. Ajay Bhatia
22/09/22 Maitreya Doshi Vs. Anand Rathi Global Finance Ltd.
22/09/22 Ashok G. Rajani Vs. Beacon Trusteeship Ltd.
22/09/22 Chandrabhan (D) LRS. Vs. Saraswati
22/09/22 M/s. NKD Maritime Ltd. Vs. The Board of Trustees of the Port of Mumbai
22/09/22 New Okhla Industrial Development Authority (Noida) Vs. Kendriya Karamchari Sehkari G.N. Samiti
21/09/22 Tata Motors Ltd. Vs. Central Sales Tax Appellate Authority
20/09/22 Harbhajan Singh Vs. State of Haryana
20/09/22 Har Naraini Devi Vs. Union of India
20/09/22 State of Karnataka Vs. M.A. Mohamad Sanaulla
20/09/22 State of Maharashtra Vs. Greatship (India) Ltd.
19/09/22 Selvakumar Vs. Manjula
19/09/22 Securities and Exchange Board of India Vs. Abhijit Rajan
19/09/22 M/s. Trimurthi Fragrances (P) Ltd. through its Director Shri Pradeep Kumar Agrawal Vs. Government of N.C.T. of Delhi through its Principal Secretary (Finance)

Latest Legal News India Supreme Court Updates, Latest Legal News India Supreme Court Updates

02/07/2022

Best NCLT Lawyers in India Delhi NCLT Lawyers Mumbai NCLT Lawyers, Kolkata NCLT Lawyers, Allahabad NCLT Lawyers Indore

“The Central Government has constituted National Company Law Tribunal (NCLT) under section 408 of the Companies Act, 2013 (18 of 2013) w.e.f. 01st June 2016. In the first phase the Ministry of Corporate Affairs has set up eleven Benches, one Principal Bench at New Delhi and ten other Benches at New Delhi, Ahmedabad, Allahabad, Bengaluru, Chandigarh, Chennai, Guwahati, Hyderabad, Kolkata and Mumbai. These Benches are headed by the President Chief Justice (Retd.) Ramalingam Sudhakar and comprises of sixteen Judicial Members and nine Technical Members at different locations. Subsequently, more Benches at Cuttack, Jaipur, Kochi, Amravati, and Indore have been setup and new members have joined”

Best NCLT Lawyers in India Delhi NCLT Lawyers Mumbai NCLT Lawyers, Kolkata NCLT Lawyers, Allahabad NCLT Lawyers Indore Company Law Board stood dissolved w.e.f. 01.06.2016 and National Company Law Tribunals i.e. NCLT were constituted, all over the country. NCLT holds jurisdiction over Company Law matters and is the Adjudicating Authority under the provisions of The Insolvency and Bankruptcy Code, 2016. NCLAT is the Appellate Authority for the Judgment and Orders arising from the proceedings before the “Adjudicating Authority”/ NCLT under the Insolvency & Bankruptcy Code, 2016 and the Companies Act. NCLAT also hears Appeals arising from the Orders/ Judgments of Competition Commission of India. NCLAT is situated at 2nd and 3rd Floor, Mahanagar Doorsanchar Sadan, MTNL Building, 9 Lodhi Road, CGO Complex, Pragati Vihar, New Delhi – 110003. Delhi NCLT is situated at GF, 6th, 7th and 8th floor of Indo Tibetan Police Force Building, CGO Complex, Lodhi Road, New Delhi-110003. Presently, NCLT is situated at more than 16 places in India.

The National Company Law Tribunal (NCLT) is a quasi-judicial body in India that adjudicates issues relating to Companies Act 2013, and Insolvency and Bankruptcy Code 2016. The NCLT was notified on 1st June 2016 by the Central Government of India.

Act / Rule

The Companies Act, 1956

The Companies Act, 2013

National Company Law Tribunal Rules, 2016

NCLT Vs. DRT difference

The first basic point of difference between the two tribunals is that the NCLT is regulated by the Companies Act and the Code while the DRT is regulated by its parent act and the SARFAESI Act. Secondly, the very nature of the relief provided by these bodies is distinct- the NCLT is a forum for resolution proceedings concerning liquidation, insolvency or winding up due to bankruptcy. The DRT provides a recovery mechanism for debts of and strictly confined to banks and other financial institutions. Thirdly, the NCLT provides remedy sought to companies in case of default in payment of debts that are both operational and financial. Therefore, banks and financial institutions are also allowed to approach the NCLT for recovery of loan amount. Since operational debts cover all commercial transactions entered into by businesses, companies choose the convenient forum, the NCLT for initiation of insolvency resolution process instead of filing a suit for breach of contract in the civil court. On the other hand, the DRT can only facilitate recovery of amounts of a financial nature, that is, it resolves disputes between customers and banks or financial institutions only. It does not have the subject-matter jurisdiction to entertain any other cases.

National Company Law Tribunal (NCLT)

The NCLT or “Tribunal” is a quasi-judicial authority created under the Companies Act, 2013 to handle corporate civil disputes arising under the Act. It is an entity that has powers and procedures like those vested in a court of law or judge. NCLT is obliged to objectively determine facts, decide cases in accordance with the principles of natural justice and draw conclusions from them in the form of orders. Such orders can remedy a situation, correct a wrong or impose legal penalties/costs and may affect the legal rights, duties or privileges of the specific parties. The Tribunal is not bound by the strict judicial rules of evidence and procedure. It can decide cases by following the principles of natural justice.

Debt Recovery Tribunal (DRT)

Debt Recovery Tribunals were established to facilitate the debt recovery involving banks and other financial institutions with their customers. DRTs were set up after the passing of Recovery of Debts due to Banks and Financial Institutions Act (RDBBFI), 1993. Appeals against orders passed by DRTs lie before Debts Recovery Appellate Tribunal (DRAT). DRTs can take cases from banks for disputed loans above Rs.10 Lakhs. At present, there are 33 DRTs and 5 DRATs functioning at various parts of the country. In 2014, the government has created six new DRTs to speed up loan related dispute settlement.

Difference between NCLT & DRT

NCLT is regulated by the Companies Act, whereas DRT is regulated by the SARFAESI Act and Recovery of Debts due to Banks and Financial Institutions. Companies approach NCLT for winding up, strike off cases in case of default whereas Banks and Financial Institutions approach DRT for recovery procedure. The liquidation that is Insolvency cases are dealt by NCLT. Anyone can approach NCLT for recovery of money under IBC (Insolvency and Bankruptcy Code) while DRT can only be approached by banks and financial institutions.

What is NCLT?

The NCLT or “Tribunal” is a quasi-judicial authority created under the Companies Act, 2013 to handle corporate civil disputes arising under the Act. It is an entity that has powers and procedures like those vested in a court of law or judge. NCLT is obliged to objectively determine facts, decide cases in accordance with the principles of natural justice and draw conclusions from them in the form of orders. Such orders can remedy a situation, correct a wrong or impose legal penalties/costs and may affect the legal rights, duties or privileges of the specific parties. The Tribunal is not bound by the strict judicial rules of evidence and procedure. It can decide cases by following the principles of natural justice.

What is NCLAT?

NCLAT or “Appellate Tribunal” is an authority provided for dealing with appeals arising out of the decisions of the Tribunal. It is formed for correcting the errors made by the Tribunal. It is an intermediate appellate forum where the appeals lie after order of the Tribunal. The decisions of Appellate Tribunal can further be challenged in the Supreme Court. Any party dissatisfied by any order of the Tribunal may bring an appeal to contest that decision. The Appellate Tribunal reviews the decisions of the Tribunal and has power to set aside, modify or confirm it.

What is DRT?

Debt Recovery Tribunals were established to facilitate the debt recovery involving banks and other financial institutions with their customers. DRTs were set up after the passing of Recovery of Debts due to Banks and Financial Institutions Act (RDBBFI), 1993. Appeals against orders passed by DRTs lie before Debts Recovery Appellate Tribunal (DRAT). DRTs can take cases from banks for disputed loans above Rs.10 Lakhs. At present, there are 33 DRTs and 5 DRATs functioning at various parts of the country. In 2014, the government has created six new DRTs to speed up loan related dispute settlement.

Difference between NCLT & DRT

NCLT is regulated by the Companies Act, whereas DRT is regulated by the SARFAESI Act and Recovery of Debts due to Banks and Financial Institutions.

Companies approach NCLT for winding up, strike off cases in case of default whereas Banks and Financial Institutions approach DRT for recovery procedure.

The liquidation that is Insolvency cases are dealt by NCLT.

Recently it has been ruled by High Court that parallel cases of a same company cannot run in front of both the tribunals. Case- SBI v. LML

in PNB Housing Finance Ltd. v. Mr. Mohit Arora and Ors. (Mohit Arora case), the NCLT, Delhi Bench held that the moment an insolvency / liquidation application in relation to the corporate debtor is pending before the NCLT, the provisions of Section 60 get attracted and the jurisdiction to entertain insolvency / liquidation process against the personal guarantor would also lie with the NCLT and not with the DRT. The NCLT, Delhi Bench had opined that Sections 60(1), 60(2) and 60(3) of the Code, lay down three different circumstances where the power to hear the matter will lie with the NCLT and not the DRT, as illustrated below:

Section 60(1) – When an application “in relation” to insolvency / liquidation for corporate debtors is pending before the NCLT;

Section 60(2) – When insolvency / liquidation process of a corporate debtor is pending before the NCLT; and

Section 60(3) – When insolvency / liquidation process of a corporate debtor is pending before the NCLT and similar proceedings against the corporate guarantor or personal guarantor, as the case may be, of the corporate debtor are pending in any court or tribunal pending.

It is pertinent to note that the Supreme Court, while upholding the provisions of the Code for insolvency and bankruptcy of personal guarantors in Lalit Kumar Jain v. Union of India and Ors. (Lalit Kumar case) had opined that the Code treats ‘personal guarantors’ differently from ‘ individual’. The Supreme Court held that personal guarantors are “a separate species of individuals, for whom the Adjudicating Authority was common with the corporate debtor to whom they had stood guarantee”. In other words, the Adjudicating Authority for both the corporate debtors and their personal guarantors would be the NCLT and not the DRT.

06/02/2022

Indore NCLT National Company Law Tribunal Advocates Lawyers Indore Madhya Pradesh

NCLT National Company Law Tribunal Benches

S.NO. Name Of Bench Location Territorial Jurisdiction of the Bench
1 (a) National Company Law Tribunal, Principal Bench.(b) National Company Law Tribunal, New Delhi Bench. New Delhi (1) Union territory of Delhi.
2 (a) National Company Law Tribunal, Ahmedabad Bench. Ahmedabad (1) State of Gujarat(2) Union Territory of Dadra and Nagar Haveli(3) Union Territory of Daman and Diu
3 National Company Law Tribunal, Allahabad Bench. Allahabad (1) State of Uttar Pradesh.(2) State of Uttarakhand.
4 National Company Law Tribunal, Amaravati Bench. Hyderabad (1) State of Andhra Pradesh
5 National Company Law Tribunal, Bengaluru Bench. Bengaluru (1) State of Karnataka.
6 National Company Law Tribunal, Chandigarh Bench. Chandigarh (1) State of Himachal Pradesh.(2) State of Jammu and Kashmir.(3) State of Punjab.(4) Union territory of Chandigarh.(5) State of Haryana.
7 National Company Law Tribunal, Chennai Bench. Chennai (1) State of Tamil Nadu.(2) Union territory of Puducherry.
8 National Company Law Tribunal, Cuttack Bench. Cuttack (1) State of Chhattisgarh.(2) State of Odisha.
9 National Company Law Tribunal, Guwahati Bench. Guwahati (1) State of Arunachal 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.
10 National Company Law Tribunal, Hyderabad Bench. Hyderabad (1) State of Telangana.
11 National Company Law Tribunal, Indore Bench. Ahmedabad (1) State of Madhya Pradesh
12 National Company Law Tribunal, Jaipur Bench. Jaipur (1) State of Rajasthan.
13 National Company Law Tribunal, Kochi Bench. Kochi (1) State of Kerala(2) Union Territory of Laksha
14 National Company Law Tribunal, Kolkata Bench. Kolkata Bench (1) State of Bihar.(2) State of Jharkhand.(3) State of West Bengal.(4) Union territory of Andaman and Nicobar Islands.
15 National Company Law Tribunal, Mumbai Bench. Mumbai Bench (1) State of Goa.(2) State of Maharashtra.
NCLT National Company Law Tribunal

The Central Government has constituted National Company Law Tribunal (NCLT) under section 408 of the Companies Act, 2013 (18 of 2013) w.e.f. 01st June 2016. In the first phase the Ministry of Corporate Affairs have set up eleven Benches, one Principal Bench at New Delhi and one each Regional Benches at New Delhi, Ahmedabad, Allahabad, Bengaluru, Chandigarh, Chennai, Guwahati, Jaipur, Hyderabad, Kolkata and Mumbai. Subsequently more benches at Cuttack, Jaipur, Kochi ,Amravati, and Indore have been setup.

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 NCLT Ahmedabad Bench. 1st & 2nd Floor, Corporate Bhawan, Beside Zydus Hospital, Thaltej, Ahmedabad-380059 (1) State of Gujarat(2) Union Territory of Dadra and Nagar Haveli(3) Union Territory of Daman and Diu
3 NCLT Allahabad Bench. 6/7-B, Panna Lal Road, Prayagraj-211002 (1) State of Uttar Pradesh(2) State of Uttrakhand
4 NCLT Amravati Bench. Corporate Bhawan, Bandlaguda Tattiannaram Village, Hayatnagar Mandal, Rangareddy District,Hyderabad-500068 (1) State of Andhra Pradesh
5 NCLT Bengaluru Bench. Corporate Bhawan, 12th Floor, Raheja Towers, M.G., Road, Benguluru-560001 (1) State of Karnataka
6 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
7 NCLT Chennai Bench. Corporate Bhawan (UTI Building),3rd Floor,No. 29 Rajaji Salai,Chennai-600001 (1) State of Tamil Nadu(2) Union Territory of Puducherry
8 NCLT Cuttack Bench. Corporate Bhawan,CDA, Sector-1,Cuttack-753014 (1) State of Chhattisgarh.(2) State of Odisha.
9 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
10 NCLT Hyderabad Bench. Corporate Bhawan, Bandlaguda Tattiannaram Village, Hayatnagar Mandal, Rangareddy District, Hyderabad-500068 (1) State of Telangana
11 NCLT Indore Bench. 1st & 2nd Floor, Corporate Bhawan, Beside Zydus Hospital, Thaltej, Ahmedabad-380059 (1) State of Madhya Pradesh
12 NCLT Jaipur Bench. Corporate Bhawan, Residency Area,Civil Lines,Jaipur-302001 (1) State of Rajasthan.
13 NCLT Kochi Bench. Company Law Bhawan, BMC Road, Thrikkakara -(PO) Kakkanand, Kochi-682021(Kerala) (1) State of Kerala(2) Union Territory of Lakshadweep
14 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 West Bengal(4) Union Territory of Andaman and Nicobar Island
15 NCLT Mumbai Bench. 4th Floor, MTNL Exchange Building, Near G.D. Somani Memorial School, G.D.Somani Marg, Cuffe Parade, Mumbai-400005 (1) State of Maharashtra(2) State of Goa
NCLT National Company Law Tribunal

NCLT Cause List

NCLT Case Status

NCLT Judgement/Orders

Order Date wise

CP NO. Wise

Party Wise

Advocate Wise

Judgement Date Wise

Judge Wise

The National Company Law Tribunal (NCLT) is a quasi-judicial body in India that adjudicates issues relating to Companies Act 2013, and Insolvency and Bankruptcy Code 2016. The NCLT was notified on 1st June 2016 by the Central Government of India.

Act / Rule
The Companies Act, 1956
The Companies Act, 2013
National Company Law Tribunal Rules, 2016

NCLT Vs. DRT difference
The first basic point of difference between the two tribunals is that the NCLT is regulated by the Companies Act and the Code while the DRT is regulated by its parent act and the SARFAESI Act. Secondly, the very nature of the relief provided by these bodies is distinct- the NCLT is a forum for resolution proceedings concerning liquidation, insolvency or winding up due to bankruptcy. The DRT provides a recovery mechanism for debts of and strictly confined to banks and other financial institutions. Thirdly, the NCLT provides remedy sought to companies in case of default in payment of debts that are both operational and financial. Therefore, banks and financial institutions are also allowed to approach the NCLT for recovery of loan amount. Since operational debts cover all commercial transactions entered into by businesses, companies choose the convenient forum, the NCLT for initiation of insolvency resolution process instead of filing a suit for breach of contract in the civil court. On the other hand, the DRT can only facilitate recovery of amounts of a financial nature, that is, it resolves disputes between customers and banks or financial institutions only. It does not have the subject-matter jurisdiction to entertain any other cases.

National Company Law Tribunal (NCLT)
The NCLT or “Tribunal” is a quasi-judicial authority created under the Companies Act, 2013 to handle corporate civil disputes arising under the Act. It is an entity that has powers and procedures like those vested in a court of law or judge. NCLT is obliged to objectively determine facts, decide cases in accordance with the principles of natural justice and draw conclusions from them in the form of orders. Such orders can remedy a situation, correct a wrong or impose legal penalties/costs and may affect the legal rights, duties or privileges of the specific parties. The Tribunal is not bound by the strict judicial rules of evidence and procedure. It can decide cases by following the principles of natural justice.

Debt Recovery Tribunal (DRT)
Debt Recovery Tribunals were established to facilitate the debt recovery involving banks and other financial institutions with their customers. DRTs were set up after the passing of Recovery of Debts due to Banks and Financial Institutions Act (RDBBFI), 1993. Appeals against orders passed by DRTs lie before Debts Recovery Appellate Tribunal (DRAT). DRTs can take cases from banks for disputed loans above Rs.10 Lakhs. At present, there are 33 DRTs and 5 DRATs functioning at various parts of the country. In 2014, the government has created six new DRTs to speed up loan related dispute settlement.

Difference between NCLT & DRT
NCLT is regulated by the Companies Act, whereas DRT is regulated by the SARFAESI Act and Recovery of Debts due to Banks and Financial Institutions. Companies approach NCLT for winding up, strike off cases in case of default whereas Banks and Financial Institutions approach DRT for recovery procedure. The liquidation that is Insolvency cases are dealt by NCLT. Anyone can approach NCLT for recovery of money under IBC (Insolvency and Bankruptcy Code) while DRT can only be approached by banks and financial institutions.

What is NCLT?
The NCLT or “Tribunal” is a quasi-judicial authority created under the Companies Act, 2013 to handle corporate civil disputes arising under the Act. It is an entity that has powers and procedures like those vested in a court of law or judge. NCLT is obliged to objectively determine facts, decide cases in accordance with the principles of natural justice and draw conclusions from them in the form of orders. Such orders can remedy a situation, correct a wrong or impose legal penalties/costs and may affect the legal rights, duties or privileges of the specific parties. The Tribunal is not bound by the strict judicial rules of evidence and procedure. It can decide cases by following the principles of natural justice.

What is NCLAT?
NCLAT or “Appellate Tribunal” is an authority provided for dealing with appeals arising out of the decisions of the Tribunal. It is formed for correcting the errors made by the Tribunal. It is an intermediate appellate forum where the appeals lie after order of the Tribunal. The decisions of Appellate Tribunal can further be challenged in the Supreme Court. Any party dissatisfied by any order of the Tribunal may bring an appeal to contest that decision. The Appellate Tribunal reviews the decisions of the Tribunal and has power to set aside, modify or confirm it.

What is DRT?
Debt Recovery Tribunals were established to facilitate the debt recovery involving banks and other financial institutions with their customers. DRTs were set up after the passing of Recovery of Debts due to Banks and Financial Institutions Act (RDBBFI), 1993. Appeals against orders passed by DRTs lie before Debts Recovery Appellate Tribunal (DRAT). DRTs can take cases from banks for disputed loans above Rs.10 Lakhs. At present, there are 33 DRTs and 5 DRATs functioning at various parts of the country. In 2014, the government has created six new DRTs to speed up loan related dispute settlement.

Difference between NCLT & DRT
NCLT is regulated by the Companies Act, whereas DRT is regulated by the SARFAESI Act and Recovery of Debts due to Banks and Financial Institutions.
Companies approach NCLT for winding up, strike off cases in case of default whereas Banks and Financial Institutions approach DRT for recovery procedure.
The liquidation that is Insolvency cases are dealt by NCLT.
Recently it has been ruled by High Court that parallel cases of a same company cannot run in front of both the tribunals. Case- SBI v. LML

in PNB Housing Finance Ltd. v. Mr. Mohit Arora and Ors. (Mohit Arora case), the NCLT, Delhi Bench held that the moment an insolvency / liquidation application in relation to the corporate debtor is pending before the NCLT, the provisions of Section 60 get attracted and the jurisdiction to entertain insolvency / liquidation process against the personal guarantor would also lie with the NCLT and not with the DRT. The NCLT, Delhi Bench had opined that Sections 60(1), 60(2) and 60(3) of the Code, lay down three different circumstances where the power to hear the matter will lie with the NCLT and not the DRT, as illustrated below:
Section 60(1) – When an application “in relation” to insolvency / liquidation for corporate debtors is pending before the NCLT;
Section 60(2) – When insolvency / liquidation process of a corporate debtor is pending before the NCLT; and
Section 60(3) – When insolvency / liquidation process of a corporate debtor is pending before the NCLT and similar proceedings against the corporate guarantor or personal guarantor, as the case may be, of the corporate debtor are pending in any court or tribunal pending.
It is pertinent to note that the Supreme Court, while upholding the provisions of the Code for insolvency and bankruptcy of personal guarantors in Lalit Kumar Jain v. Union of India and Ors. (Lalit Kumar case) had opined that the Code treats ‘personal guarantors’ differently from ‘ individual’. The Supreme Court held that personal guarantors are “a separate species of individuals, for whom the Adjudicating Authority was common with the corporate debtor to whom they had stood guarantee”. In other words, the Adjudicating Authority for both the corporate debtors and their personal guarantors would be the NCLT and not the DRT.

INSOLVENCY & BANKRUPTCY CODE IBC 2016
1 Insolvency petition for payment of the debt by the corporate debtor against a financial creditor. 7
2 Insolvency petition for payment of debt by corporate debtor against operational creditor. 9
COMPANIES ACT CA 2013
3 Application for allowing the Company to function to the satisfaction of the Tribunal in case it is found that registration was taken by fraud. 7
4 Alteration of Articles for converting public company to private company through Tribunal 14
5 Application by Share Holders before Tribunal for cancellation of the Share Variation 48(1)
6 Petition before NCLT for issuance of further redeemable preference shares equal to the amount due 55(3)
7 Appeal before NCLT by the transferee against the company’s notice of the refusal of registration of any securities or interest of a member
in the company 58(3)/(4)
8 Appeal before NCLT for Rectification of Register of Members. 59
9 Application before NCLT by Company for consolidating and dividing all or any of its share capital into shares of a larger amount then its existing shares which result in changes in the voting percentage of shareholders 61(1) (b)
10 Appeal before NCLT against an order of Government of converting Government Debentures or loans into shares in the company. 62(4)
11 Application before the NCLT by the company to reduce its share capital 66(1)
12 Application before the NCLT by Company for grant of further time to the company to repay any deposit etc. taken before the commencement of 2013 Act. 74 (2)
13 Application before the NCLT to call annual general meeting. 97
14 Application before the NCLT to call meetings of members, etc. 98
15 Application before NCLT for Inspection of minute-books of general meeting of Company. 119
16 Application before NCLT for Re-opening of accounts of company. 130
17 Application before NCLT by Company for preparing and filing revised financial
statement or a revised report of the Board in respect of any of the three preceding financial years. 131
18 Application before NCLT for an order that the representation of auditor issued by retiring auditor u/s 140(4)(iii) may not be sent and the representation need not be read out at the meeting. 140 (4)
19 Application before NCLT to direct the company to change its auditors. 140 (5)
20 Application before NCLT to stop sending and reading (in the meeting of the company) of representation of the Director being removed 169(4) Proviso
21 Application before NCLT for Investigation into company‘s affairs 213
22 Application before NCLT by a Company (being wound up, of the liquidator, merged, amalgamated) for ordering meeting of the creditors or class of creditors, or of the members or class of members for compromise or make arrangements with creditors and members. 230(1
23 Application before NCLT by a Company for sanctioning any compromise or arrangement 230(6)
24 Application before NCLT to enforce compromise or arrangement or to make modifications in the compromise or arrangement. 231
25 Application before NCLT by a Company (being merged/ amalgamated) for ordering meeting of the creditors or class of creditors, or of the members or class of members for considering a scheme for the reconstruction of the Company. 232
26 Appeal before NCLT by any person aggrieved by any assessment of compensation made by the prescribed authority under sub-section (3) of section 237 237
27 Appeal before NCLT against an order of the Registrar refusing to register any
circular under sub-section (1) of section 238. 238
28 Application to NCLT for relief in cases of oppression, mismanagement of the Company, etc. 241
29 Application before NCLT as Class action by the member(s) depositor(s) or any class of them if they can demonstrate that the management or conduct of the affairs of the company are being conducted in a manner prejudicial to the interests of the company or its members or depositors. 245
30 Appeal to NCLT against an order of ROC, notifying a company as dissolved under section 248 252
31 Application before NCLT by any secured creditor for a determination that the company be declared as a sick company. 253
32 Application before the NCLT by a secured creditor of sick company or by the sick company itself for the determination of the measures that may be adopted with respect to the revival and rehabilitation of sick company. 254
33 Petition before NCLT for winding up of a Company. 272
34 Application before NCLT Allahabad for custody of any property of the company under winding up process 283
35 Application before NCLT to have questions determined, etc. during winding up process 322
36 Application before NCLT to declare that any person, who is or has been a director, manager, or officer of the company (under winding up) or any persons who were knowingly parties to the carrying on of the business with intent to defraud creditors
of the company or any other persons or for any fraudulent purpose. 339
37 Assess damages against delinquent directors, etc 340
38 Application for declaring a dissolution of a company to be void. 356
39 Appeal from orders of Tribunal 421
40 Appeal to Supreme Court. 423
41 Contempt application before NCLT to enforce it’s orders. 425
NCLT National Company Law Tribunal Advocates Lawyers

Address

Lawyer Jabalpur Ajay Gautam Advocate High Court
Jabalpur
482001

Alerts

Be the first to know and let us send you an email when Lawyer Jabalpur Ajay Gautam Advocate High Court Madhya Pradesh posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Share