10. NCLT Appeal

NCLT Appeal – Expert Legal Representation for Corporate Disputes

Facing a company law dispute or grievance? The National Company Law Tribunal (NCLT) is your platform for justice — and we are here to represent your case with precision and professionalism.

As a Company Secretary service provider, we specialize in drafting, filing, and representing appeals before the NCLT – India’s apex quasi-judicial body for corporate matters. Whether you are a shareholder, director, creditor, or company, we ensure that your rights are protected and your case is strongly presented with complete legal compliance.

What is NCLT?

The National Company Law Tribunal (NCLT) is a specialized court in India that deals with matters under the Companies Act, 2013, and the Insolvency and Bankruptcy Code (IBC). It hears a wide range of company-related cases including oppression and mismanagement, shareholder disputes, company restoration, insolvency proceedings, and more.

🔍 Who Can File an Appeal to NCLT?

Companies or LLPs

Directors and Shareholders

Creditors (Operational or Financial)

Insolvency Professionals

Investors or Aggrieved Stakeholders

📂 Types of NCLT Matters We Handle:

Company Law Disputes:

Oppression and mismanagement

Rectification of register of members

Compromise or arrangement schemes

Company revival and restoration (under section 252)

Insolvency and Bankruptcy (IBC) Cases:

Filing CIRP application under Section 7, 9, or 10

Resolution plan approvals

Liquidation proceedings

Appointment or replacement of IRPs/RPs

Mergers & Amalgamations:

Drafting scheme of arrangement

Filing petition for merger approval

Other Appeals & Applications:

Appeal against ROC orders

Penalty waiver or reduction under Companies Act

Compounding of offences

⚖️ Levels of Appeal:

Primary Hearing – NCLT

(First level of dispute resolution or order issuance)

Appeal – NCLAT (National Company Law Appellate Tribunal)

(Challenging an NCLT order)

Further Appeal – Supreme Court of India

(Only on questions of law)

Key Sections of the Companies Act & IBC Relevant to NCLT Appeals:

Section 241 & 242 – Oppression & Mismanagement

Section 252 – Revival & Restoration of Companies

Section 230-232 – Compromise, Arrangement & Amalgamation

Section 7, 9, 10 of IBC – CIRP (Corporate Insolvency Resolution Process)

Section 248 – Striking Off Company Name

Section 441 – Compounding of Offences

📌 Documents Required for NCLT Filing:

Certified true copies of board/shareholder resolutions

Affidavits and Memorandum of Appearance

Proof of default or grievance (in case of IBC or disputes)

MOA, AOA, Certificate of Incorporation

ROC filings or previous orders (if applicable)

Financial statements, audit reports

Power of Attorney/Authority letter

Note: Documents may vary depending on the nature of the appeal.

⏳ Timeframes & Deadlines:

For appeal to NCLT: Time limits vary case-to-case (e.g., 3 years for company restoration)

For appeal to NCLAT: Within 45 days from the date of NCLT order

For further appeal to Supreme Court: Within 60 days from NCLAT decision

Jurisdiction: Where is NCLT Located?

NCLT has benches in major cities like New Delhi, Mumbai, Kolkata, Chennai, Ahmedabad, Jaipur, Hyderabad, etc. Clients can file applications at their respective jurisdictional bench based on the registered office of the company.

💬 When Should a Client Approach a CS for NCLT?

Company name struck off by ROC

Disputes between shareholders and directors

Company facing insolvency or non-payment issues

ROC penalties or compliance-related offences

Require merger/demerger approval

Rectification of register or removal of auditor

A Company Secretary acts as a legal compliance expert who prepares the case with statutory accuracy and represents the client before the Tribunal.

Benefits of Engaging Our CS NCLT Services:

Saves time with correct legal drafting & filing

Avoids rejection due to technical errors

Ensures statutory timelines are met

Legal representation without unnecessary litigation delays

Helps in amicable settlements where possible

Case Success Support

We also help in:

Follow-up with Tribunal Registry

Modification of Orders (if needed)

Liaison with ROC/IBBI after NCLT decisions

Execution of NCLT Orders

💼 Why Choose Us?

Expert CS professionals with NCLT experience

Comprehensive documentation and case strategy

Transparent pricing and updates at every step

Client-focused approach for faster resolution