The National Company Law Tribunal (NCLT) is a quasi-judicial body in India that adjudicates issues relating to Indian companies.[1] The tribunal, established under the Companies Act 2013, was constituted on 1 June 2016 by the government of India and is based on the recommendation of the V. Balakrishna Eradi committee on law relating to the insolvency and the winding up of companies.[2]
| राष्ट्रीय कंपनी विधि अधिकरण | |
| Quasi-judicial body overview | |
|---|---|
| Formed | 1 June 2016 |
| Jurisdiction | Government of India |
| Parent department | Ministry of Corporate Affairs |
| Website | https://nclt.gov.in/ |
All proceedings under the Companies Act, including proceedings relating to arbitration, compromise, arrangements, reconstructions and winding up of companies, are to be before the National Company Law Tribunal (NCLT). The NCLT bench is chaired by a Judicial member, who is to be a serving or retired High Court Judge, and a Technical member, who must be from the Indian Corporate Law Service (ICLS) cadre.
The National Company Law Tribunal is the adjudicating authority for the insolvency resolution process of companies and limited liability partnerships under the Insolvency and Bankruptcy Code, 2016.
No criminal court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Tribunal or the Appellate Tribunal is empowered to determine by or under this Act or any other law for the time being in force and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act or any other law for the time being in force, by the Tribunal or the Appellate Tribunal.
The tribunal has sixteen benches, six at New Delhi (one being the principal bench) and two at Ahmedabad, one at Prayagraj, one at Bengaluru, one at Chandigarh, two at Chennai, one at Cuttack, one at Guwahati, three at Hyderabad of which one is at Amaravathi,[3] one at Jaipur, one at Kochi, two at Kolkata and five at Mumbai.[4] Of the two new benches approved to be set up, one each in Indore[5] and Amaravathi,[5] the Indore bench is yet to be notified. Except the Bench at Amaravati, all the benches have been notified as division benches. Justice R. Sudhakar, a retired Chief Justice of Manipur High Court has been appointed as president of the tribunal since 1 November 2021.[1]
The National Company Law Tribunal has the power under the Companies Act to adjudicate proceedings:
- Initiated before the Company Law Board under the previous act (the Companies Act 1956);
- Pending before the Board for Industrial and Financial Reconstruction, including those pending under the Sick Industrial Companies (Special Provisions) Act, 1985;
- Pending before the Appellate Authority for Industrial and Financial Reconstruction; and
- Pertaining to claims of oppression and mismanagement of a company, winding up of companies and all other powers prescribed under the Companies Act.
List of present members
editFollowing is the list of Hon'ble President and Sitting Members:[6]
| Sr.No | Name | Designation | Date of Joining | NCLT Bench |
|---|---|---|---|---|
| 1 | Chief Justice (Retd) Ramalingam Sudhakar | President | 01-11-2021 | Principal Bench |
| 2 | Shyam Babu Gautam | Member | 03-07-2019 | Kochi |
| 3 | Patibandla Satyanarayana Prasad | Member | 04-07-2019 | Chandigarh |
| 4 | Venkata Subba Rao Hari | Member | 04-07-2019 | Guwahati |
| 5 | Laxmi Narayan Gupta | Member | 04-07-2019 | New Delhi |
| 6 | Satya Ranjan Prasad | Member | 24-07-2019 | Guwahati |
| 7 | Deep Chandra Joshi | Member | 13-09-2021 | Jaipur |
| 8 | Rahul Prasad Bhatnagar | Member | 13-09-2021 | New Delhi |
| 9 | Avinash K Srivastava | Member | 13-09-2021 | New Delhi |
| 10 | Anuradha Sanjay Bhatia | Member | 13-09-2021 | Amravati |
| 11 | Rohit Kapoor | Member | 14-09-2021 | Kolkatta |
| 12 | P Mohan Raj | Member | 15-09-2021 | Cuttack |
| 13 | Harnam Singh Thakur | Member | 16-09-2021 | Chandigarh |
| 14 | Balraj Joshi | Member | 16-09-2021 | Kolkatta |
| 15 | Manoj Kumar Dubey | Member | 16-09-2021 | Bengaluru |
| 16 | Subrata Kumar Dash | Member | 20-09-2021 | Chandigarh |
| 17 | Kaushelndra Kumar Singh | Member | 01-10-2021 | Indore |
| 18 | Dr V R Badrinath Nandula | Member | 04-10-2021 | Hyderabad |
| 19 | Sameer Kakar | Member | 09-10-2021 | Ahmedabad |
| 20 | Bacchu Venkat Balaram Das | Member | 18-10-2021 | New Delhi |
| 21 | Kishore Vemulapalli | Member | 06-12-2021 | Mumbai |
| 22 | Kuldip Kumar Kareer | Member | 18-11-2022 | Mumbai |
| 23 | Praveen Kumar Gupta | Member | 18-11-2022 | Allahabad |
| 24 | Ashok Kumar Bhardwaj | Member | 18-11-2022 | New Delhi |
| 25 | Bidisha Banerjee | Member | 18-11-2022 | Kolkatta |
| 26 | Charan Singh | Member | 18-11-2022 | Hyderabad |
| 27 | Anu Jagmohan Singh | Member | 18-11-2022 | Mumbai |
| 28 | Ashish Kumar Verma | Member | 18-11-2022 | Allahabad |
| 29 | Atul Chaturvedi | Member | 18-11-2022 | New Delhi |
| 30 | Prabhat Kumar | Member | 18-11-2022 | Mumbai |
| 31 | T Krishna Valli | Member | 22-11-2022 | Kochi |
| 32 | Madhu Sinha | Member | 09-12-2022 | Mumbai |
| 33 | Sanjiv Jain | Member | 04-01-2023 | Chennai |
| 34 | Mahendra Khandelwal | Member | 18-01-2023 | New Delhi |
| 35 | Shammi Khan | Member | 20-02-2023 | Ahmedabad |
| 36 | Virendrasingh Gyansingh Bisht | Member | 19-07-2023 | Mumbai |
| 37 | Lakshmi Gurung | Member | 19-07-2023 | Mumbai |
| 38 | Reeta Kohli | Member | 19-07-2023 | Mumbai |
| 39 | Rajeev Bhardwaj | Member | 19-07-2023 | Hyderabad |
| 40 | Manni Sankariah Shanmuga Sundaram | Member | 19-07-2023 | New Delhi |
| 41 | Chitra Ram Hankare | Member | 19-07-2023 | Ahmedabad |
| 42 | Rajeev Mehrotra | Member | 19-07-2023 | Jaipur |
| 43 | Sanjiv Dutt | Member | 19-07-2023 | Mumbai |
| 44 | Sanjay Puri | Member | 19-07-2023 | Hyderabad |
| 45 | Umesh Kumar Shukla | Member | 19-07-2023 | Chandigarh |
| 46 | Arvind Devanathan | Member | 19-07-2023 | Kolkatta |
| 47 | Ravichandran Ramasamy | Member | 19-07-2023 | Chennai |
| 48 | Venkataraman Subramaniam | Member | 19-07-2023 | Chennai |
| 49 | Velamur Govindan Venkata Chalapathy | Member | 19-07-2023 | Ahmedabad |
| 50 | Anil Raj Chellan | Member | 19-07-2023 | Mumbai |
| 51 | Charanjeet Singh Gulati | Member | 19-07-2023 | Mumbai |
| 52 | K R Saji Kumar | Member | 01-08-2023 | Mumbai |
| 53 | Sanjeev Ranjan | Member | 18-09-2023 | New Delhi |
| 54 | Jyoti Kumar Tripathi | Member | 11-10-2023[7] | Chennai |
| 55 | K. Biswal | Member | Bengaluru |
Appeals
editDecisions of the tribunal may be appealed to the National Company Law Appellate Tribunal, the decisions of which may further be appealed to the Supreme Court of India on a point of law. The Supreme Court of India has upheld the Insolvency and Bankruptcy Code in its entirety.[8]
References
edit- ^ a b "Hon'ble President of National Company Law Tribunal". National Company Law Tribunal. 30 November 2023.
- ^ "Organisation | NCLT". Archived from the original on 21 March 2018. Retrieved 20 March 2018.
- ^ "Archived copy" (PDF). Archived from the original (PDF) on 27 August 2019. Retrieved 27 July 2019.
{{cite web}}: CS1 maint: archived copy as title (link) - ^ "The National Company Law Appellate Tribunal and the National Company Law Appellate Tribunal Constituted". Trilegal. Archived from the original on 13 August 2018. Retrieved 13 June 2016.
- ^ a b "NCLT benches to be set up at Amaravati, Indore". The Economic Times. 8 March 2019. Retrieved 27 April 2019.
- ^ "Profile of Hon'ble President and Sitting Members | National Company Law Tribunal". nclt.gov.in. Retrieved 1 December 2023.
- ^ "Reconstituted of Bench at NCLT Chennai- Court No. II- order dated 11.10.2023.pdf" (PDF). Retrieved 2 December 2023.
- ^ "IBC: Supreme Court Upholds Insolvency And Bankruptcy Code In Its Entirety". BloombergQuint. Retrieved 5 February 2019.