NCLT lawyer in India | Advocate J.S. Rohilla

Understanding the National Company Law Tribunal (NCLT)

The National Company Law Tribunal (NCLT) is a specialized quasi-judicial body established under the Companies Act, 2013, to resolve disputes and adjudicate matters related to corporate law in India. The NCLT is instrumental in managing issues related to the functioning, regulation, and restructuring of companies. It plays a crucial role in overseeing corporate governance, insolvency proceedings, and the protection of stakeholder interests, thereby contributing to a more efficient and transparent corporate environment.

The NCLT has been vested with powers to handle a broad spectrum of corporate matters, including disputes between companies and their stakeholders, corporate insolvency and bankruptcy issues, and regulatory compliance. Its establishment marked a significant shift towards a more streamlined and specialized approach to handling complex corporate disputes and insolvency cases.

My Role as an NCLT Lawyer in India

As an NCLT lawyer practicing across India, my role is to provide expert legal representation and advice on a wide range of matters that come before the National Company Law Tribunal. My practice involves navigating the intricacies of corporate law, insolvency proceedings, and other tribunal-related issues. My focus is on offering strategic legal solutions that align with my clients’ objectives and ensuring that their rights are safeguarded throughout the legal process.

My responsibilities include:

Representing Clients: I advocate for clients in the NCLT, presenting their cases effectively and ensuring that their interests are well-represented. This includes filing petitions, responding to claims, and making legal arguments before the tribunal.
Providing Legal Advice: I offer detailed legal advice on matters related to corporate governance, insolvency, and other issues that fall under the NCLT’s jurisdiction. My goal is to help clients understand their legal standing and the implications of their actions.
Navigating Complex Procedures: The NCLT’s procedures can be complex and require meticulous handling. I assist clients in preparing the necessary documentation, adhering to procedural requirements, and managing the tribunal’s expectations.
Facilitating Resolutions: Whether through litigation or negotiation, I work to achieve favorable outcomes for my clients, including resolving disputes amicably or pursuing legal remedies where necessary.

Types of Cases I Handle at NCLT

Insolvency and Bankruptcy Cases: One of the primary areas of my practice is handling insolvency and bankruptcy cases under the Insolvency and Bankruptcy Code (IBC), 2016. These cases involve representing corporate debtors, creditors, and resolution professionals in proceedings related to the initiation of insolvency resolution, corporate debt restructuring, and liquidation. I assist clients in filing insolvency petitions, defending against such petitions, and navigating the complex processes of resolution and liquidation.
Corporate Disputes: Corporate disputes, including issues related to shareholder agreements, mergers and acquisitions, and breaches of fiduciary duties, are another significant area of my practice. I represent companies and stakeholders in cases involving allegations of oppression and mismanagement, seeking remedies that may include the restructuring of the company, removal of directors, or changes in corporate governance.
Mergers and Amalgamations: Mergers, amalgamations, and demergers require approval from the NCLT. I assist clients in preparing and presenting schemes of mergers and amalgamations before the tribunal, ensuring compliance with all legal requirements and addressing any objections that may arise during the process. My role involves drafting the necessary documents, representing clients in hearings, and facilitating the smooth execution of corporate restructuring.
Company Law Matters: I handle a wide range of cases under the Companies Act, 2013, including disputes related to the incorporation of companies, changes in capital structure, and the rectification of company registers. These cases often involve complex legal issues that require a thorough understanding of corporate law and the NCLT’s jurisdiction.
Oppression and Mismanagement: Cases of oppression and mismanagement are critical to maintaining corporate governance and protecting the rights of minority shareholders. I represent aggrieved parties in petitions seeking relief from oppressive practices or mismanagement by the majority shareholders or company directors. My focus is on securing just and equitable remedies for my clients, which may include the removal of directors, the purchase of shares by the company, or the restructuring of the board.
Winding-Up Petitions: Winding-up petitions are filed for the closure of a company, often due to insolvency, inability to pay debts, or other statutory grounds. I represent petitioners or respondents in winding-up cases, ensuring that the legal requirements are met and that the process is carried out fairly and efficiently. My role involves drafting the winding-up petition, presenting it before the NCLT, and managing the distribution of the company’s assets.
Appeals and Reviews: In cases where a party is dissatisfied with the decision of the NCLT, I represent clients in appeals before the National Company Law Appellate Tribunal (NCLAT) or the High Court. My role is to present strong legal arguments for overturning or upholding the NCLT’s decision, depending on my client’s interests.
Restoration of Companies: In situations where a company has been struck off the register by the Registrar of Companies (ROC) for non-compliance with statutory requirements, I assist clients in filing applications for the restoration of such companies. This process involves presenting a case before the NCLT to restore the company to its original status, allowing it to continue its operations legally.
Reduction of Share Capital: Companies may seek to reduce their share capital for various reasons, such as returning surplus funds to shareholders or restructuring their financial statements. This requires approval from the NCLT. I help clients prepare the necessary documentation, present the scheme of reduction before the tribunal, and ensure that all statutory requirements are fulfilled.
Corporate Restructuring: Corporate restructuring cases involve the reorganization of a company’s structure, which may include demergers, spin-offs, or changes in the corporate hierarchy. I assist clients in formulating and implementing restructuring plans, ensuring compliance with the legal framework and representing their interests before the NCLT.
Compromise and Arrangement Cases: Under the Companies Act, 2013, companies may enter into compromises or arrangements with creditors or shareholders to resolve disputes, restructure debt, or reorganize the company. I represent clients in these cases, helping them draft and negotiate terms that are fair and legally sound, and obtaining the necessary approvals from the NCLT.
Class Action Suits: Shareholders or depositors may file class action suits against a company, its directors, or its auditors if they believe their interests have been compromised. I represent clients in such class action suits, defending against allegations or pursuing claims on behalf of aggrieved parties, ensuring that justice is served while maintaining the integrity of corporate governance.
Cross-Border Insolvency Cases: With the globalization of business, cross-border insolvency cases have become increasingly common. These cases involve entities with assets or creditors in multiple jurisdictions. I assist clients in navigating the complexities of cross-border insolvency, including coordinating with foreign legal counsel, managing multi-jurisdictional litigation, and ensuring compliance with international insolvency protocols.
Oppression and Mismanagement in Joint Ventures: Joint venture disputes often involve allegations of oppression and mismanagement, particularly when there are disagreements between the partners. I represent clients in such cases, whether they are minority shareholders or majority stakeholders, aiming to resolve the disputes through legal means while protecting the interests of my clients.
Transfer of Shares and Shareholder Disputes: Disputes over the transfer of shares, especially in closely held companies, can lead to significant legal battles. I represent clients in shareholder disputes, addressing issues related to the transfer, allotment, and ownership of shares, ensuring that my clients’ rights as shareholders are upheld.
Approval of Foreign Investments and Transactions: For companies looking to bring in foreign investments or engage in cross-border transactions, obtaining approval from the NCLT may be necessary, especially in cases involving significant financial restructuring. I guide clients through the legal requirements, ensuring that the transactions are structured in compliance with Indian laws and regulations, and represent them in obtaining the necessary approvals from the tribunal.

Conclusion

As an NCLT lawyer in India, my practice covers a broad spectrum of cases involving corporate disputes, insolvency, and regulatory matters. The NCLT plays a critical role in maintaining corporate integrity and ensuring that companies operate within the legal framework. My goal is to navigate the complexities of these cases with expertise and precision, providing effective legal solutions that address my clients’ needs and contribute to fair and just outcomes. Whether dealing with issues related to minority shareholders, fraudulent activities, or regulatory compliance, I am committed to delivering high-quality legal representation and achieving the best possible results for my clients in the NCLT arena.

Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304