With the objective of speedy disposal of cases along with reducing the multiciplity of litigation before different forums and courts, a special tribunal named National Company Law Tribunal was established by the Central Government specifically for adjudication of issues related to Companies registered in India.
NATIONAL COMPANY LAW TRIBUNAL (NCLT)
It is a quasi-judicial body established under section 408 of the Companies Act, 2013 and was constituted on 01st June 2016 by the government of India. It was incorporated for resolving the civil corporate disputes. It is also an adjudicating authority for the Insolvency resolution process of companies and Limited Liability Partnerships under the Insolvency and Bankruptcy Code, 2016.
SCOPE OF NCLT
The establishment of NCLT consolidates the corporate Jurisdiction of the following authorities:
- Company Law Board (CLB)
- Board of Industrial and Financial Reconstruction (BIFR)
- Appellate Authority for Industrial and Financial Reconstruction
- All the powers relating to winding up of the Company
- All other provisions vested in High Courts.
NATIONAL COMPANY LAW APPELLATE TRIBUNAL (NCLAT)
It is Appellate Tribunal established by Central Government of India under Companies Act, 2013 for hearing the appeals against the orders passed by NCLT and Insolvency and Bankruptcy Board of India. Both NCLT and NCLAT have exclusive jurisdiction.
RIGHTS TO APPEAR BEFORE NCLT AND NCLAT
A party to any proceedings or appeal before the Appellate Tribunal may either appear in person or authorize one or more of the following person to present his case before Tribunal and Appellate Tribunal:
- Chartered Accountants
- Company Secretaries
- Cost Accountants
- Legal Practitioners or any other person
THE J&P ADVATNAGE
Our Legal Team at J&P handles the whole process with utmost due diligence. From documents compiling to final submission and follow up our team works with utmost care leaving no potential loopholes.
Enlisted below are some of the services offered by J&P:
- Assistance in preparing schemes and petitions;
- Filing of petitions and schemes with NCLT;
- Appearance and representation before NCLT;
- Correspondence and Liaisoning with offices of NCLT in all states;
- Obtaining approval from NCLT;
- Filing of the order with the ROC.