NCLT Lawyer in Chandigarh | NCLT & IBC Expert

Overview

We provide specialized legal services for corporate entities, directors, and stakeholders navigating the complexities of the Companies Act, 2013 and the Insolvency and Bankruptcy Code (IBC). Corporate litigation requires a strategic approach, especially when dealing with high-stakes disputes.

We assist parties before the National Company Law Tribunal (NCLT) Chandigarh Bench and the National Company Law Appellate Tribunal (NCLAT). Whether you are initiating a Corporate Insolvency Resolution Process Chandigarh or defending against an Oppression and Mismanagement Petition, we ensure your corporate interests are vigorously protected.

Key Services & Expertise

• NCLT Bench matters: Comprehensive representation for all company petitions, including mergers, demergers, and reduction of share capital before Chandigarh Bench.
• Insolvency and Bankruptcy Lawyer: Initiating and defending CIRP Initiation Section 7 IBC (Financial Creditors), Section 9 IBC Operational Creditor Petition, and Section 10 IBC Voluntary Insolvency.
• Shareholder Dispute Resolution: Handling Oppression and Mismanagement Petition cases under Sections 241-242 of the Companies Act to protect minority shareholder rights.
• Company Restoration at NCLT: Filing petitions under Section 252 for the revival of companies struck off by the Registrar of Companies (RoC).
• Winding Up Petition: Legal assistance for voluntary liquidation and winding up by the tribunal on just and equitable grounds.
• Mergers and Amalgamations: Drafting schemes of arrangement and securing NCLT approval for corporate restructuring.
• Corporate Litigation: Defense in Breach of Fiduciary Duty Corporate Case, derivative actions, and class action suits.
• NCLAT Appeal: Filing appeals against NCLT orders before the Appellate Tribunal.

How to file a company petition in NCLT Chandigarh?

Filing a company petition requires strict adherence to the NCLT Rules, 2016.

1. Drafting the Petition: We draft a comprehensive petition (e.g., Form NCLT-1) detailing the facts, grounds, and relief sought, supported by an affidavit.
2. Jurisdiction: The NCLT Chandigarh Bench has jurisdiction over companies registered in Punjab, Haryana, Himachal Pradesh, Jammu & Kashmir, and Chandigarh.
3. Filing & Scrutiny: The petition is filed electronically (e-filing) and physically.
4. Notice & Hearing: Once admitted, notice is issued to the respondent. We represent you during arguments to secure interim relief or final orders.

How to initiate insolvency proceedings under IBC?

The Insolvency and Bankruptcy Code (IBC), 2016 provides a time-bound process for resolving insolvency. We assist creditors and corporate debtors:

• Financial Creditors (Section 7): Banks and financial institutions can file for CIRP Initiation Section 7 IBC upon default of financial debt.
• Operational Creditors (Section 9): Suppliers and employees can file a Section 9 IBC Operational Creditor Petition after serving a demand notice under Section 8.
• Corporate Applicants (Section 10): A company can itself file for Section 10 IBC Voluntary Insolvency if it has defaulted on debts.

We handle the entire process, from issuing demand notices to proposing an Interim Resolution Professional (IRP) and representing you in the Committee of Creditors (CoC).

How to restore a struck-off company?

The RoC often strikes off companies for non-filing of returns. To revive your business, you need to file a petition for Company Restoration under Section 252 of the Companies Act.

We prove that the company was carrying on business or in operation at the time of striking off. This involves presenting audited balance sheets, bank statements, and income tax returns. A successful order from the NCLT directs the RoC to restore the company name, allowing you to access frozen bank accounts and assets.

How to file oppression and mismanagement case in NCLT?

Minority shareholders often face unfair treatment. Section 241-242 allows members holding at least 10% shareholding (or 100 members) to file an Oppression and Mismanagement Petition.

We fight for your rights against:

• Diversion of company funds.
• Illegal removal of directors.
• Dilution of minority shareholding.
• Non-payment of dividends.

We will seek remedies like removal of the oppressive management, buy-out of shares, or regulation of the company's affairs by the tribunal.

How to file winding up petition?

Winding up is the last resort for liquidation under Section 271 (e.g., if the company has acted against national sovereignty) or for voluntary liquidation under IBC (for solvent companies).

We ensure that the liquidator is appointed and assets are distributed in accordance with the waterfall mechanism, prioritizing workmen's dues and secured creditors.