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NCLT Notices/Reply/Appeal

NCLT Notices/Reply/Appeal

NCLT Notices/Reply/Appeal

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W.e.f 1st June 2016, under Companies Act, 2013 section 408, the central Government has constituted National Company Law Tribunal.

In the first phase the Ministry of Corporate Affairs have set up eleven benches, one principal bench at New delhi and 10 Benches at New Delhi, Ahmadabad, Allahabad, Bengaluru, Chandigarh, Chennai, Guahati, Hyderabad, Kolkata and Mumbai. These benches will be headed by the President and 16 Judicial Members and 9 Technical Members at different Locations.

Section 252 Companies Act, 2013 – Appeal To NCLT:

Any person aggrieved by an order of the Registrar, notifying a company as dissolved under section 248, may file an appeal to the Tribunal within a period of three years from the date of order of the Registrar and if the Tribunal is of the opinion that the removal of the name of the company from the register of companies is not justified in view of the absence of any of the grounds on which the order was passed       by the Registrar, it may order restoration of the name of the company in the register of companies.

The Tribunal before passing any order under this section, shall give sensible chance of making representations and of being heard to the Registrar, the company and all the persons concerned.

The company shall file with the Registrar a copy of the order passed by the Tribunal within 30 days from the date of order and on receipt of the order, the Registrar shall cause the name of the company to be restored in the register of companies and shall issue a fresh certificate of incorporation.

From the register of companies, if a company/member/creditor/workman is aggrieved by the company for having struck off its name, the Tribunal on an application made by the company, creditor, member or workman before the expiry of twenty years from the publication in the official Gazette of notice made under sub section (5) of section 248 states that the company has been carrying on a business or operation when its name has been struck off. By doing this, in the register of companies, the name will be restored and the Tribunal provides other directions and provision for the company.

Required Documents:

  • Index of the appeal or petition.
  • Notice of admission
  • Brief synopsis
  • Mentioning the grounds of petition or application
  • A certified copy of Extract of resolution of the authorized signatory/Authorized Representative.
  • Demand Draft of the statutory fee
  • Notices of ROC
  • Certificate of Incorporation, Memorandum and Articles of Association of the Company