NCLT & NCLAT Services

 

At Expert Jurist LLP, we provide expert legal services related to the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT), focusing on company law disputes, insolvency, and corporate restructuring. Our experienced team represents clients in complex litigation and appeals, ensuring compliance with corporate laws and efficient resolution of disputes.

 

1. Company Law Tribunal Cases

The National Company Law Tribunal (NCLT) handles disputes related to company law, including shareholder disputes, oppression and mismanagement, and matters related to the Companies Act. We offer comprehensive legal representation for a range of company law disputes.

 

Services Offered:

• Oppression & Mismanagement Cases: Representing shareholders or directors in disputes related to the oppression of minority shareholders or the mismanagement of a company.

• Company Law Compliance Cases: Handling cases arising from non-compliance with the Companies Act, 2013.

• Director Disputes: Resolving conflicts involving directors, including removal and compensation disputes.

• Winding Up & Liquidation: Representing companies in winding-up petitions and liquidation proceedings before the NCLT.

• Corporate Governance Disputes: Assisting with disputes related to the company’s governance framework, ensuring compliance with statutory requirements.

 

2. Insolvency & Bankruptcy Proceedings

Insolvency and bankruptcy cases fall under the jurisdiction of the Insolvency and Bankruptcy Code (IBC), 2016 and are handled by the NCLT. Our legal team specializes in representing creditors, debtors, and financial institutions in insolvency proceedings, helping resolve distressed financial situations efficiently.

 

Services Offered:

• Corporate Insolvency Resolution Process (CIRP): Assisting companies in initiating and navigating the corporate insolvency process, including drafting applications and representing clients in hearings.

• Debt Restructuring: Helping companies restructure their debt to avoid insolvency proceedings and provide financial stability.

• Voluntary Liquidation: Advising companies that wish to voluntarily liquidate their assets under the IBC.

• Creditor Representation: Representing financial creditors, operational creditors, and stakeholders in insolvency and bankruptcy cases.

• Resolution Plans: Assisting in the preparation and implementation of resolution plans under the CIRP framework.

 

3. Corporate Restructuring

Corporate restructuring involves reorganizing a company’s structure, finances, or operations to improve its efficiency, profitability, and sustainability. We provide legal expertise in corporate restructuring, helping businesses realign their structure while ensuring compliance with the law.

 

Services Offered:

• Mergers & Acquisitions: Assisting with the legal aspects of mergers, acquisitions, and amalgamations, including NCLT approval processes.

• Demerger & Spin-offs: Helping companies legally separate business units or divisions into new entities.

• Share Capital Restructuring: Advising on restructuring share capital, including buybacks, issue of preference shares, or reduction of share capital.

• Scheme of Arrangement: Drafting and obtaining NCLT approval for schemes of arrangement between a company and its shareholders or creditors.

• Debt-to-Equity Swaps: Advising companies and creditors on restructuring debt into equity to restore financial stability.

 

4. Appeals & Revisions

The NCLAT handles appeals against orders passed by the NCLT and other regulatory bodies. Our team represents clients in filing appeals and revisions, ensuring that legal errors or grievances are addressed efficiently.

 

Services Offered:

• Appeals in NCLAT: Filing appeals before the NCLAT against orders passed by the NCLT, particularly in cases of insolvency, company law disputes, or mergers.

• Review of NCLT Orders: Assisting clients in reviewing and challenging NCLT orders that they believe are unjust or legally flawed.

• Filing Revisions: Assisting in filing revisions to correct errors in NCLT proceedings or orders.

• Representation in Appellate Hearings: Representing clients in appellate hearings before the NCLAT, ensuring that all legal and factual issues are properly addressed.

• Supreme Court Appeals: Filing appeals against NCLAT orders before the Supreme Court of India when necessary.

 

5. Representation in NCLT/NCLAT

We offer comprehensive legal representation before both the NCLT and NCLAT, ensuring that our clients' interests are protected in every aspect of company law and insolvency proceedings.

 

Services Offered:

• Litigation Support: Representing companies, creditors, shareholders, and stakeholders in cases before the NCLT and NCLAT.

• Document Preparation & Filing: Assisting with the preparation and filing of petitions, applications, and documents required for NCLT and NCLAT cases.

• Pre-Tribunal Advisory: Providing strategic legal advice before initiating proceedings in the NCLT or NCLAT to explore alternative dispute resolution options.

• Case Management: Offering end-to-end management of cases from initiation to final judgment, including appeals and revisions.

• Post-Judgment Enforcement: Assisting clients in enforcing NCLT or NCLAT orders to ensure compliance and resolution of disputes.

 

Frequently Asked Questions (FAQs)

 

Q1. What is the role of the NCLT in company law disputes?
A1. The NCLT is a quasi-judicial body that handles disputes related to company law, including cases of oppression, mismanagement, liquidation, and compliance with the Companies Act, 2013.

 

Q2. How does the Corporate Insolvency Resolution Process (CIRP) work?
A2. CIRP is initiated when a company is unable to repay its debts. The NCLT appoints an interim resolution professional to manage the company’s affairs while a resolution plan is prepared to either revive or liquidate the company.

 

Q3. Can an NCLT order be challenged?
A3. Yes, orders passed by the NCLT can be challenged by filing an appeal before the NCLAT. If necessary, further appeals can be made to the Supreme Court of India.

 

Q4. What is the difference between NCLT and NCLAT?
A4. The NCLT (National Company Law Tribunal) is the original tribunal that hears company law and insolvency cases, while the NCLAT (National Company Law Appellate Tribunal) is the appellate body that hears appeals against NCLT orders.

 

Q5. How can corporate restructuring benefit my business?
A5. Corporate restructuring can help improve a company's efficiency, streamline operations, reduce debt, and enhance profitability. It allows businesses to realign their structure to meet market demands and ensure long-term success.

 

Why Choose Expert Jurist LLP for NCLT & NCLAT Services?

• Expert Representation: Our experienced team provides comprehensive legal representation before the NCLT and NCLAT, ensuring that our clients' interests are vigorously protected.

• In-Depth Knowledge of Corporate Law: We have extensive experience handling cases related to company law, insolvency, and restructuring, providing strategic solutions for complex disputes.

• Tailored Legal Strategies: We develop customized legal strategies based on the unique needs of each client, ensuring efficient resolution of disputes.

• Efficient Appeals Process: Whether you need to challenge an order or defend an award, we handle appeals and revisions with expertise and precision.

 

Get in Touch

For expert legal support in NCLT and NCLAT matters, contact Expert Jurist LLP today. Our team is here to provide professional representation and guidance for all your corporate and insolvency needs.