NCLT National Company Law Tribunal Advocates Lawyers
NCLT National Company Law Tribunal Benches
| S.NO. | Name Of Bench | Location | Territorial Jurisdiction of the Bench |
|---|---|---|---|
| 1 | (a) National Company Law Tribunal, Principal Bench.(b) National Company Law Tribunal, New Delhi Bench. | New Delhi | (1) Union territory of Delhi. |
| 2 | (a) National Company Law Tribunal, Ahmedabad Bench. | Ahmedabad | (1) State of Gujarat(2) Union Territory of Dadra and Nagar Haveli(3) Union Territory of Daman and Diu |
| 3 | National Company Law Tribunal, Allahabad Bench. | Allahabad | (1) State of Uttar Pradesh.(2) State of Uttarakhand. |
| 4 | National Company Law Tribunal, Amaravati Bench. | Hyderabad | (1) State of Andhra Pradesh |
| 5 | National Company Law Tribunal, Bengaluru Bench. | Bengaluru | (1) State of Karnataka. |
| 6 | National Company Law Tribunal, Chandigarh Bench. | Chandigarh | (1) State of Himachal Pradesh.(2) State of Jammu and Kashmir.(3) State of Punjab.(4) Union territory of Chandigarh.(5) State of Haryana. |
| 7 | National Company Law Tribunal, Chennai Bench. | Chennai | (1) State of Tamil Nadu.(2) Union territory of Puducherry. |
| 8 | National Company Law Tribunal, Cuttack Bench. | Cuttack | (1) State of Chhattisgarh.(2) State of Odisha. |
| 9 | National Company Law Tribunal, Guwahati Bench. | Guwahati | (1) State of Arunachal Pradesh.(2) State of Assam.(3) State of Manipur.(4) State of Mizoram.(5) State of Meghalaya.(6) State of Nagaland.(7) State of Sikkim.(8) State of Tripura. |
| 10 | National Company Law Tribunal, Hyderabad Bench. | Hyderabad | (1) State of Telangana. |
| 11 | National Company Law Tribunal, Indore Bench. | Ahmedabad | (1) State of Madhya Pradesh |
| 12 | National Company Law Tribunal, Jaipur Bench. | Jaipur | (1) State of Rajasthan. |
| 13 | National Company Law Tribunal, Kochi Bench. | Kochi | (1) State of Kerala(2) Union Territory of Laksha |
| 14 | National Company Law Tribunal, Kolkata Bench. | Kolkata Bench | (1) State of Bihar.(2) State of Jharkhand.(3) State of West Bengal.(4) Union territory of Andaman and Nicobar Islands. |
| 15 | National Company Law Tribunal, Mumbai Bench. | Mumbai Bench | (1) State of Goa.(2) State of Maharashtra. |
The Central Government has constituted National Company Law Tribunal (NCLT) under section 408 of the Companies Act, 2013 (18 of 2013) w.e.f. 01st June 2016. In the first phase the Ministry of Corporate Affairs have set up eleven Benches, one Principal Bench at New Delhi and one each Regional Benches at New Delhi, Ahmedabad, Allahabad, Bengaluru, Chandigarh, Chennai, Guwahati, Jaipur, Hyderabad, Kolkata and Mumbai. Subsequently more benches at Cuttack, Jaipur, Kochi ,Amravati, and Indore have been setup.
| S.NO. | Title of Bench | Location | Jurisdiction |
|---|---|---|---|
| 1 | (a) NCLT, Principal Bench. (b) NCLT, New Delhi Bench. | Block No. 3, Ground Floor, 6th,7th & 8th Floor, CGO Complex, Lodhi Road, New Delhi-110003 | (1) Union Territory of Delhi |
| 2 | NCLT Ahmedabad Bench. | 1st & 2nd Floor, Corporate Bhawan, Beside Zydus Hospital, Thaltej, Ahmedabad-380059 | (1) State of Gujarat(2) Union Territory of Dadra and Nagar Haveli(3) Union Territory of Daman and Diu |
| 3 | NCLT Allahabad Bench. | 6/7-B, Panna Lal Road, Prayagraj-211002 | (1) State of Uttar Pradesh(2) State of Uttrakhand |
| 4 | NCLT Amravati Bench. | Corporate Bhawan, Bandlaguda Tattiannaram Village, Hayatnagar Mandal, Rangareddy District,Hyderabad-500068 | (1) State of Andhra Pradesh |
| 5 | NCLT Bengaluru Bench. | Corporate Bhawan, 12th Floor, Raheja Towers, M.G., Road, Benguluru-560001 | (1) State of Karnataka |
| 6 | NCLT Chandigarh Bench. | Ground Floor, Corporate Bhawan, Sector-27 B, Madhya Marg, Chandigarh-160019 | (1) State of Himachal Pradesh(2) State of Jammu and Kashmir(3) State of Punjab(4) Union Territory of Chandigarh (5) State of Haryana |
| 7 | NCLT Chennai Bench. | Corporate Bhawan (UTI Building),3rd Floor,No. 29 Rajaji Salai,Chennai-600001 | (1) State of Tamil Nadu(2) Union Territory of Puducherry |
| 8 | NCLT Cuttack Bench. | Corporate Bhawan,CDA, Sector-1,Cuttack-753014 | (1) State of Chhattisgarh.(2) State of Odisha. |
| 9 | NCLT Guahati Bench. | 4th Floor, Prithvi Planet Behind Hanuman Mandir, G.S. Road, Guahati-781007 | (1) State of Arunchal Pradesh(2) State of Assam(3) State of Manipur(4) State of Mizoram(5) State of Meghalaya(6) State of Nagaland(7) State of Sikkim(8) State of Tripura |
| 10 | NCLT Hyderabad Bench. | Corporate Bhawan, Bandlaguda Tattiannaram Village, Hayatnagar Mandal, Rangareddy District, Hyderabad-500068 | (1) State of Telangana |
| 11 | NCLT Indore Bench. | 1st & 2nd Floor, Corporate Bhawan, Beside Zydus Hospital, Thaltej, Ahmedabad-380059 | (1) State of Madhya Pradesh |
| 12 | NCLT Jaipur Bench. | Corporate Bhawan, Residency Area,Civil Lines,Jaipur-302001 | (1) State of Rajasthan. |
| 13 | NCLT Kochi Bench. | Company Law Bhawan, BMC Road, Thrikkakara -(PO) Kakkanand, Kochi-682021(Kerala) | (1) State of Kerala(2) Union Territory of Lakshadweep |
| 14 | NCLT Kolkata Bench. | 5, Esplanade Row (West), Town Hall Ground and 1st Floor Kolkata-700001 | (1) State of Bihar(2) State of Jharkhand(3) State of West Bengal(4) Union Territory of Andaman and Nicobar Island |
| 15 | NCLT Mumbai Bench. | 4th Floor, MTNL Exchange Building, Near G.D. Somani Memorial School, G.D.Somani Marg, Cuffe Parade, Mumbai-400005 | (1) State of Maharashtra(2) State of Goa |
NCLT Judgement/Orders
The National Company Law Tribunal (NCLT) is a quasi-judicial body in India that adjudicates issues relating to Companies Act 2013, and Insolvency and Bankruptcy Code 2016. The NCLT was notified on 1st June 2016 by the Central Government of India.
Act / Rule
The Companies Act, 1956
The Companies Act, 2013
National Company Law Tribunal Rules, 2016
NCLT Vs. DRT difference
The first basic point of difference between the two tribunals is that the NCLT is regulated by the Companies Act and the Code while the DRT is regulated by its parent act and the SARFAESI Act. Secondly, the very nature of the relief provided by these bodies is distinct- the NCLT is a forum for resolution proceedings concerning liquidation, insolvency or winding up due to bankruptcy. The DRT provides a recovery mechanism for debts of and strictly confined to banks and other financial institutions. Thirdly, the NCLT provides remedy sought to companies in case of default in payment of debts that are both operational and financial. Therefore, banks and financial institutions are also allowed to approach the NCLT for recovery of loan amount. Since operational debts cover all commercial transactions entered into by businesses, companies choose the convenient forum, the NCLT for initiation of insolvency resolution process instead of filing a suit for breach of contract in the civil court. On the other hand, the DRT can only facilitate recovery of amounts of a financial nature, that is, it resolves disputes between customers and banks or financial institutions only. It does not have the subject-matter jurisdiction to entertain any other cases.
National Company Law Tribunal (NCLT)
The NCLT or “Tribunal” is a quasi-judicial authority created under the Companies Act, 2013 to handle corporate civil disputes arising under the Act. It is an entity that has powers and procedures like those vested in a court of law or judge. NCLT is obliged to objectively determine facts, decide cases in accordance with the principles of natural justice and draw conclusions from them in the form of orders. Such orders can remedy a situation, correct a wrong or impose legal penalties/costs and may affect the legal rights, duties or privileges of the specific parties. The Tribunal is not bound by the strict judicial rules of evidence and procedure. It can decide cases by following the principles of natural justice.
Debt Recovery Tribunal (DRT)
Debt Recovery Tribunals were established to facilitate the debt recovery involving banks and other financial institutions with their customers. DRTs were set up after the passing of Recovery of Debts due to Banks and Financial Institutions Act (RDBBFI), 1993. Appeals against orders passed by DRTs lie before Debts Recovery Appellate Tribunal (DRAT). DRTs can take cases from banks for disputed loans above Rs.10 Lakhs. At present, there are 33 DRTs and 5 DRATs functioning at various parts of the country. In 2014, the government has created six new DRTs to speed up loan related dispute settlement.
Difference between NCLT & DRT
NCLT is regulated by the Companies Act, whereas DRT is regulated by the SARFAESI Act and Recovery of Debts due to Banks and Financial Institutions. Companies approach NCLT for winding up, strike off cases in case of default whereas Banks and Financial Institutions approach DRT for recovery procedure. The liquidation that is Insolvency cases are dealt by NCLT. Anyone can approach NCLT for recovery of money under IBC (Insolvency and Bankruptcy Code) while DRT can only be approached by banks and financial institutions.
What is NCLT?
The NCLT or “Tribunal” is a quasi-judicial authority created under the Companies Act, 2013 to handle corporate civil disputes arising under the Act. It is an entity that has powers and procedures like those vested in a court of law or judge. NCLT is obliged to objectively determine facts, decide cases in accordance with the principles of natural justice and draw conclusions from them in the form of orders. Such orders can remedy a situation, correct a wrong or impose legal penalties/costs and may affect the legal rights, duties or privileges of the specific parties. The Tribunal is not bound by the strict judicial rules of evidence and procedure. It can decide cases by following the principles of natural justice.
What is NCLAT?
NCLAT or “Appellate Tribunal” is an authority provided for dealing with appeals arising out of the decisions of the Tribunal. It is formed for correcting the errors made by the Tribunal. It is an intermediate appellate forum where the appeals lie after order of the Tribunal. The decisions of Appellate Tribunal can further be challenged in the Supreme Court. Any party dissatisfied by any order of the Tribunal may bring an appeal to contest that decision. The Appellate Tribunal reviews the decisions of the Tribunal and has power to set aside, modify or confirm it.
What is DRT?
Debt Recovery Tribunals were established to facilitate the debt recovery involving banks and other financial institutions with their customers. DRTs were set up after the passing of Recovery of Debts due to Banks and Financial Institutions Act (RDBBFI), 1993. Appeals against orders passed by DRTs lie before Debts Recovery Appellate Tribunal (DRAT). DRTs can take cases from banks for disputed loans above Rs.10 Lakhs. At present, there are 33 DRTs and 5 DRATs functioning at various parts of the country. In 2014, the government has created six new DRTs to speed up loan related dispute settlement.
Difference between NCLT & DRT
NCLT is regulated by the Companies Act, whereas DRT is regulated by the SARFAESI Act and Recovery of Debts due to Banks and Financial Institutions.
Companies approach NCLT for winding up, strike off cases in case of default whereas Banks and Financial Institutions approach DRT for recovery procedure.
The liquidation that is Insolvency cases are dealt by NCLT.
Recently it has been ruled by High Court that parallel cases of a same company cannot run in front of both the tribunals. Case- SBI v. LML
in PNB Housing Finance Ltd. v. Mr. Mohit Arora and Ors. (Mohit Arora case), the NCLT, Delhi Bench held that the moment an insolvency / liquidation application in relation to the corporate debtor is pending before the NCLT, the provisions of Section 60 get attracted and the jurisdiction to entertain insolvency / liquidation process against the personal guarantor would also lie with the NCLT and not with the DRT. The NCLT, Delhi Bench had opined that Sections 60(1), 60(2) and 60(3) of the Code, lay down three different circumstances where the power to hear the matter will lie with the NCLT and not the DRT, as illustrated below:
Section 60(1) – When an application “in relation” to insolvency / liquidation for corporate debtors is pending before the NCLT;
Section 60(2) – When insolvency / liquidation process of a corporate debtor is pending before the NCLT; and
Section 60(3) – When insolvency / liquidation process of a corporate debtor is pending before the NCLT and similar proceedings against the corporate guarantor or personal guarantor, as the case may be, of the corporate debtor are pending in any court or tribunal pending.
It is pertinent to note that the Supreme Court, while upholding the provisions of the Code for insolvency and bankruptcy of personal guarantors in Lalit Kumar Jain v. Union of India and Ors. (Lalit Kumar case) had opined that the Code treats ‘personal guarantors’ differently from ‘ individual’. The Supreme Court held that personal guarantors are “a separate species of individuals, for whom the Adjudicating Authority was common with the corporate debtor to whom they had stood guarantee”. In other words, the Adjudicating Authority for both the corporate debtors and their personal guarantors would be the NCLT and not the DRT.
INSOLVENCY & BANKRUPTCY CODE | IBC 2016 | |
| 1 | Insolvency petition for payment of the debt by the corporate debtor against a financial creditor. | 7 |
| 2 | Insolvency petition for payment of debt by corporate debtor against operational creditor. | 9 |
| COMPANIES ACT | CA 2013 | |
| 3 | Application for allowing the Company to function to the satisfaction of the Tribunal in case it is found that registration was taken by fraud. | 7 |
| 4 | Alteration of Articles for converting public company to private company through Tribunal | 14 |
| 5 | Application by Share Holders before Tribunal for cancellation of the Share Variation | 48(1) |
| 6 | Petition before NCLT for issuance of further redeemable preference shares equal to the amount due | 55(3) |
| 7 | Appeal before NCLT by the transferee against the company’s notice of the refusal of registration of any securities or interest of a member in the company | 58(3)/(4) |
| 8 | Appeal before NCLT for Rectification of Register of Members. | 59 |
| 9 | Application before NCLT by Company for consolidating and dividing all or any of its share capital into shares of a larger amount then its existing shares which result in changes in the voting percentage of shareholders | 61(1) (b) |
| 10 | Appeal before NCLT against an order of Government of converting Government Debentures or loans into shares in the company. | 62(4) |
| 11 | Application before the NCLT by the company to reduce its share capital | 66(1) |
| 12 | Application before the NCLT by Company for grant of further time to the company to repay any deposit etc. taken before the commencement of 2013 Act. | 74 (2) |
| 13 | Application before the NCLT to call annual general meeting. | 97 |
| 14 | Application before the NCLT to call meetings of members, etc. | 98 |
| 15 | Application before NCLT for Inspection of minute-books of general meeting of Company. | 119 |
| 16 | Application before NCLT for Re-opening of accounts of company. | 130 |
| 17 | Application before NCLT by Company for preparing and filing revised financial statement or a revised report of the Board in respect of any of the three preceding financial years. | 131 |
| 18 | Application before NCLT for an order that the representation of auditor issued by retiring auditor u/s 140(4)(iii) may not be sent and the representation need not be read out at the meeting. | 140 (4) |
| 19 | Application before NCLT to direct the company to change its auditors. | 140 (5) |
| 20 | Application before NCLT to stop sending and reading (in the meeting of the company) of representation of the Director being removed | 169(4) Proviso |
| 21 | Application before NCLT for Investigation into company‘s affairs | 213 |
| 22 | Application before NCLT by a Company (being wound up, of the liquidator, merged, amalgamated) for ordering meeting of the creditors or class of creditors, or of the members or class of members for compromise or make arrangements with creditors and members. | 230(1 |
| 23 | Application before NCLT by a Company for sanctioning any compromise or arrangement | 230(6) |
| 24 | Application before NCLT to enforce compromise or arrangement or to make modifications in the compromise or arrangement. | 231 |
| 25 | Application before NCLT by a Company (being merged/ amalgamated) for ordering meeting of the creditors or class of creditors, or of the members or class of members for considering a scheme for the reconstruction of the Company. | 232 |
| 26 | Appeal before NCLT by any person aggrieved by any assessment of compensation made by the prescribed authority under sub-section (3) of section 237 | 237 |
| 27 | Appeal before NCLT against an order of the Registrar refusing to register any circular under sub-section (1) of section 238. | 238 |
| 28 | Application to NCLT for relief in cases of oppression, mismanagement of the Company, etc. | 241 |
| 29 | Application before NCLT as Class action by the member(s) depositor(s) or any class of them if they can demonstrate that the management or conduct of the affairs of the company are being conducted in a manner prejudicial to the interests of the company or its members or depositors. | 245 |
| 30 | Appeal to NCLT against an order of ROC, notifying a company as dissolved under section 248 | 252 |
| 31 | Application before NCLT by any secured creditor for a determination that the company be declared as a sick company. | 253 |
| 32 | Application before the NCLT by a secured creditor of sick company or by the sick company itself for the determination of the measures that may be adopted with respect to the revival and rehabilitation of sick company. | 254 |
| 33 | Petition before NCLT for winding up of a Company. | 272 |
| 34 | Application before NCLT Allahabad for custody of any property of the company under winding up process | 283 |
| 35 | Application before NCLT to have questions determined, etc. during winding up process | 322 |
| 36 | Application before NCLT to declare that any person, who is or has been a director, manager, or officer of the company (under winding up) or any persons who were knowingly parties to the carrying on of the business with intent to defraud creditors of the company or any other persons or for any fraudulent purpose. | 339 |
| 37 | Assess damages against delinquent directors, etc | 340 |
| 38 | Application for declaring a dissolution of a company to be void. | 356 |
| 39 | Appeal from orders of Tribunal | 421 |
| 40 | Appeal to Supreme Court. | 423 |
| 41 | Contempt application before NCLT to enforce it’s orders. | 425 |
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