Making application and representing before National Company Law Tribunal [NCLT]

Company Secretary can represent before various regulators and other authorities under the Act in connection with the discharge of various duties under the Act. The NCLT being a quasi-judicial authority the Company Secretary can very well do the same.

It involves legal proceedings related to corporate matters, such as company law, insolvency and bankruptcy cases, mergers, amalgamations, and other significant disputes or issues involving companies and limited liability partnerships (LLPs). NCLT is a quasi-judicial body established under the Companies Act, 2013, and it has jurisdiction over various corporate matters. Here are the key steps for making an application and representing before the NCLT:

1) Engaging Legal Counsel:

Seek the assistance of a qualified and experienced lawyer or a law firm with expertise in corporate and company law matters. NCLT cases are complex, and having legal representation is crucial to navigate the legal intricacies effectively.

2) Drafting the Application/Petition:

The lawyer will draft the application or petition based on the facts and legal issues involved in the case. The application should be well-structured, supported by relevant documents, and conform to the procedural rules of NCLT.

3) Filing the Application:

Once the application is drafted, it needs to be filed with the NCLT. The lawyer will ensure that all the necessary documents and prescribed fees are submitted along with the application.

4) Serving Notices:

After the application is filed, the NCLT will issue notices to the concerned parties, including the opposite party or parties. The lawyer will handle the process of serving the notices and ensuring proper communication.

5) Representing before NCLT:

On the scheduled hearing date, the lawyer will represent the applicant before the NCLT. This includes presenting arguments, submitting evidence, and answering any queries from the NCLT bench.

6) Compliance with NCLT Orders:

If the NCLT passes any orders or directions, it is essential to comply with them within the specified timelines. The lawyer will guide the client in ensuring full compliance with the NCLT’s orders.

7) Handling Adjournments and Proceedings:

The lawyer may need to handle adjournments or interim applications during the course of the proceedings, depending on the complexity of the case.

8) Appeals, if Necessary:

If any party is dissatisfied with the NCLT’s decision, they may have the option to appeal the decision before the National Company Law Appellate Tribunal (NCLAT) or other higher courts. The lawyer can handle the appellate process if required.

Representation before the National Company Law Tribunal (NCLT) requires specialized legal knowledge and expertise in corporate and company law matters. Engaging a skilled lawyer will ensure proper handling of the application, representation before the NCLT, and compliance with the tribunal’s orders. If you are involved in a corporate dispute or require legal assistance with any company law matter, seeking professional legal counsel is essential to protect your interests and rights.

G Akshay Associates