CORPORATE / NCLT: PRACTICE
Mr. Devesh Mishra and his team of advocates specialize in practicing various provisions of the Insolvency and Bankruptcy Code 2016 and the Companies Act 2013 before the NCLT Allahabad.
| S.N. | AREAS OF PRACTICE BEFORE NCLT ALLAHABAD | RELEVANT PROVISION |
|---|---|---|
| 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 |