Are we Ready? - Nclt and NCLAT Presentation

5. BenchesofNCLTandNCLAT
Title of the Bench Territorial Jurisdiction of the Bench
1. New Delhi
a)National Company Law Tribunal, Principal Bench.
b)National Company Law Tribunal, New Delhi Bench.
(1) State of Haryana.
(2) State of Rajasthan.
(3) Union territory of Delhi.
2. National Company Law Tribunal, Ahmedabad Bench.
(1) State of Gujarat.
(2) State of Madhya Pradesh.
(3) Union territory of Dadra and Nagar Haveli.
(4) Union territory of Daman and Diu.
3. National Company Law Tribunal, Allahabad Bench.
(1) State of Uttar Pradesh.
(2) State of Uttarakhand.
4. National Company Law Tribunal, Bengaluru Bench. (1) State of Karnataka.
5. National Company Law Tribunal, Chandigarh Bench.
(1) State of Himachal Pradesh.
(2) State of Jammu and Kashmir.
(3) State of Punjab.
(4) Union territory of Chandigarh.
6. National Company Law Tribunal, Chennai Bench.
(1) State of Kerala.
(2) State of Tamil Nadu.
(3) Union territory of Lakshadweep.
(4) Union territory of Puducherry.
7. National Company Law Tribunal, Guwahati Bench.
(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.
8. National Company Law Tribunal, Hyderabad Bench.
(1) State of Andhra Pradesh.
(2) State of Telangana.
9. National Company Law Tribunal, Kolkata Bench.
(1) State of Bihar.
(2) State of Jharkhand.
(3) State of Odisha.
(4) State of West Bengal.
(5) Union territory of Andaman and
Nicobar Islands.
10. National Company Law Tribunal, Mumbai Bench.
(1) State of Chhattisgarh.
(2) State of Goa.
(3) State of Maharashtra.

9. Oppression and
Mismanagement
Corporate
Insolvency
Resolution
Process
Reconstruction Winding up
Relevant
provisions
241 of
Companies
Act,2013
Section 6-32 of
the Insolvency
and Bankruptcy
Code,2016
Section 230 to 240 of Companies
Act, 2013: (M&A);
Section 66 of the Companies Act,
2013: (Reduction of Share Capital).
270-303, 324, 326 and 328-365 of the Companies
Act,2013 (Winding Up by tribunal) and Section 33
-77 of the Insolvency and Bankruptcy Code,2016
(Voluntary &Compulsory Winding Up)
Status Notified Not yet Notified Not yet Notified Not yet Notified
NCLT – A Single Fora for all Corporate Litigation
Class Action Suits:
Representative suit/action is not new in India ecosystem, Civil Prouder Code and Consumer Protection Act contains similar provisions, for representative
suit/actions. But both the enactments are not suffice to counter the oppressive acts of companies and management thereof. Therefore first time in 2005, JJ
Irani Report specifically advocated the need of such measures under Companies Act, in parallel to counterparts (i.e. USA, Singapore and UK). Subsequently in
2009, it gained its momentum with "India's Enron"- Satyam Fiasco case wherein financial accounts were manipulated. Thereafter in Companies Bill, 2009,
class action suit was included as measures to be available with the Members and Creditors of the Company wherein as per their opinion affairs of the
Company are conducted in manner prejudicial to the interest of the company, or its members and creditors.
Section 245 of the Companies Act, 2013 covers the said provisions and adjudicating authority will be NCLT only.

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