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NCLT Matters

  • NCLT Matters

The NCLT: India's Busiest Corporate Tribunal

The National Company Law Tribunal was constituted in 2016, consolidating jurisdiction that was previously spread across the High Courts, the Company Law Board, and the Board for Industrial and Financial Reconstruction. Today, it handles one of the broadest mandates of any tribunal in India — covering corporate insolvency under IBC, company law disputes under the Companies Act, 2013, and a growing body of regulatory and quasi-judicial work.

Appearing effectively before the NCLT requires counsel who understands not just the legal provisions but the tribunal’s working culture, its procedural expectations, and the body of NCLT and NCLAT jurisprudence that has developed rapidly since 2016.

Adv. Shailendra Singh has been practising before the NCLT Delhi Bench since its constitution. His IBC and corporate law background makes him one of the more versatile advocates before the tribunal — equally comfortable arguing a contested CIRP admission, an oppression petition, or a scheme of arrangement.

NCLT Practice Areas

  • Insolvency and Bankruptcy (IBC) — Applications under Sections 7, 9, and 10 of the IBC. Representing financial creditors, operational creditors, corporate debtors, and resolution applicants across all stages of the CIRP and liquidation proceedings.
  • Oppression and Mismanagement — Petitions under Sections 241-244 of the Companies Act — seeking relief for minority shareholders where the majority has acted in a manner oppressive to their interests or prejudicial to the company.
  • Winding Up — Petitions for voluntary and compulsory winding up of companies under the Companies Act, including contested winding-up proceedings and representation of creditors and contributories.
  • Scheme of Arrangement and Mergers — Applications under Sections 230-232 for court-sanctioned mergers, demergers, and compromises between companies and their creditors or shareholders. We advise on structuring the scheme, preparing the requisite filings, and representing the company or objecting parties at the NCLT hearing.
  • Restoration of Struck-Off Companies — Applications before the NCLT for restoration of companies that have been struck off by the Registrar of Companies under Sections 248 and 252.
  • Class Action Suits — Under Section 245 of the Companies Act, members and depositors can file class action suits before the NCLT. We advise on eligibility and represent parties in these proceedings.

NCLAT Appeals

Decisions of the NCLT can be challenged before the National Company Law Appellate Tribunal (NCLAT). Adv. Shailendra Singh regularly appears before the NCLAT in Delhi in appeals arising from both IBC and Companies Act proceedings.

After the NCLAT, further appeals lie to the Supreme Court of India on questions of law. Having counsel who practises at all three levels — NCLT, NCLAT, and Supreme Court — ensures consistency in strategy and presentation across the appellate chain.

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Frequently Asked Questions

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The NCLT Principal Bench is located in New Delhi and has jurisdiction over companies registered in Delhi, Haryana, Himachal Pradesh, Jammu & Kashmir, and Punjab.

Filing timelines depend on the nature of the matter and the completeness of documents. Emergency applications — such as an interim moratorium request or an urgent Section 9 filing — can typically be prepared and filed within a few days.

Yes. An appeal against an NCLT order must generally be filed before the NCLAT within 30 days of the order, extendable by 15 days on sufficient cause shown. Further appeal to the Supreme Court is available on a question of law.