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NCLT & NCLAT Matters | Beyonte Compliance
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NCLT & NCLAT Matters

File and prosecute petitions before the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) โ€” oppression and mismanagement, winding up, merger schemes, revival and appeals.

  • ๐Ÿ›๏ธ NCLT Petition
  • ๐Ÿ“„ NCLAT Appeal
  • โš–๏ธ Oppression & Mismanagement
  • โœ… Winding Up
  • ๐Ÿ“ฌ Company Revival
๐Ÿ›๏ธ

Need to file before the NCLT or NCLAT?

Share the matter type. We assess the petition, draft the application and represent before the Tribunal.

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What We Handle

A complete nclt & nclat matters package

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Matter Assessment

Assessment of the NCLT or NCLAT matter โ€” jurisdiction, applicable provisions and relief sought.

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Petition / Application Drafting

Drafting of company petition, application or appeal with supporting affidavits and documents.

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NCLT Representation

Representation before the NCLT bench โ€” hearings, rejoinders and arguments on behalf of the petitioner.

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Oppression & Mismanagement

Petition under Sections 241โ€“242 for relief against oppression and mismanagement by majority shareholders.

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Winding Up Petition

Petition before NCLT for compulsory winding up under Section 271 โ€” inability to pay debts or just and equitable grounds.

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NCLAT Appeal

Appeal before NCLAT against orders of NCLT โ€” within the prescribed 45-day window.

Key Requirements

What is needed for nclt & nclat matters

NCLT โ€” Exclusive Jurisdiction

The NCLT has exclusive jurisdiction over company law matters โ€” mergers, oppression, winding up, insolvency and restoration.

Section 241 โ€” Oppression & Mismanagement

Any member holding at least 10% (public company) or any two or more members (private company) can file a petition.

Section 271 โ€” Winding Up Grounds

Winding up can be ordered on grounds of inability to pay debts, just and equitable grounds, or fraud.

Section 252 โ€” Company Revival

Struck-off companies can be restored within 20 years by an NCLT order on sufficient cause being shown.

NCLAT Appeal โ€” 45 Days

An appeal against an NCLT order must be filed before the NCLAT within 45 days of the order.

Condonation of Delay Available

The NCLAT can condone delay in filing an appeal beyond 45 days if sufficient cause is shown.

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NCLT matters are time-critical โ€” missing filing deadlines can result in loss of remedies. The 45-day appeal window before NCLAT is strict. Petitions for oppression and mismanagement must be filed promptly โ€” delays can affect the relief granted by the Tribunal.

Common Pitfalls

Common issues with nclt & nclat matters

NCLAT appeal filed lateAppeal beyond 45 days without condonation application โ€” dismissed as time-barred.
Jurisdiction not verifiedPetition filed before wrong NCLT bench โ€” each Bench has territorial jurisdiction based on registered office state.
Locus standi not establishedPetitioner does not meet the minimum shareholding threshold for oppression and mismanagement petition.
Affidavit not properly swornAffidavits not notarised or signed by an authorised person โ€” petition rejected as defective.
Section not correctly invokedWrong provision cited in the petition โ€” affects the reliefs that can be granted by the Tribunal.
No pre-filing noticeCertain NCLT applications require advance notice to the respondent or ROC โ€” omission makes the petition defective.
How It Works

Simple steps, no surprises

1

Matter and relief assessed

Nature of the NCLT matter, applicable section, relief sought and jurisdictional bench identified.

2

Petition / application drafted

Company petition or application drafted with affidavits, exhibits and supporting case law.

3

Filed before NCLT / NCLAT

Petition filed โ€” admission hearing date obtained โ€” respondent served with notice.

4

Hearings and order

Matter argued at hearings โ€” orders obtained and implemented with follow-up compliance.

FAQ

Frequently asked questions

The National Company Law Tribunal handles company law matters including mergers and amalgamations (Sections 230โ€“232), oppression and mismanagement (Sections 241โ€“242), winding up (Sections 271โ€“365), insolvency resolution (IBC), revival of struck-off companies (Section 252) and appeals against ROC/MCA orders.

A petition under Sections 241โ€“242 can be filed by a member of the company who believes that the affairs of the company are being conducted in a manner prejudicial to their interests or the public interest. The NCLT can grant a wide range of reliefs including removal of directors and restructuring.

A petition for compulsory winding up under Section 272 can be filed by the company itself, a creditor, a contributory (shareholder), the Registrar of Companies or the Central Government โ€” depending on the ground of winding up.

An appeal against an order of the NCLT must be filed before the National Company Law Appellate Tribunal (NCLAT) within 45 days of the date of the NCLT order. The NCLAT can condone delay beyond 45 days on sufficient cause being shown.

Yes. Under Section 252 of the Companies Act 2013, a company struck off under Section 248 can be restored to the register of companies by an order of the NCLT โ€” on application by the company, any member, creditor or workman โ€” within 20 years of the date of striking off.

Need to file before the NCLT or NCLAT?

We assess the matter, draft the petition and represent you at every stage โ€” before NCLT and NCLAT.