The Chamber of Advocate Rohit Gour provides focused and effective legal representation before the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) in Delhi. We regularly act for corporates, creditors, directors, and stakeholders in complex company law and insolvency matters, ensuring strict compliance with statutory timelines and tribunal procedures.
NCLT and NCLAT proceedings demand a deep understanding of company law, insolvency jurisprudence, and commercial realities. Our practice is designed to address these challenges with strategic clarity, procedural accuracy, and result-oriented advocacy.
Understanding NCLT & NCLAT Proceedings
The National Company Law Tribunal (NCLT) is a specialised adjudicatory body dealing with matters arising under the Companies Act, 2013 and the Insolvency and Bankruptcy Code, 2016 (IBC). Appeals from NCLT orders lie before the NCLAT, making it essential to plan litigation with both forums in mind.
Given the technical nature of tribunal proceedings, even minor procedural lapses can have serious consequences. Timely legal advice and experienced representation are therefore critical.
Our Areas of Practice before NCLT & NCLAT
We advise and represent clients in a wide range of tribunal matters, including:
- Corporate Insolvency Resolution Process (CIRP)
- Liquidation and revival proceedings
- Appeals before the NCLAT
- Oppression and mismanagement petitions
- Shareholder and corporate governance disputes
- Winding-up proceedings
- Mergers, amalgamations, and schemes of arrangement
- Director liability and compliance-related disputes
Our representation covers both original proceedings before the NCLT and appellate litigation before the NCLAT.
Stakeholders We Represent
NCLT matters involve multiple stakeholders with distinct legal interests. We provide role-specific advice and representation to:
- Corporate Debtors – strategic defence, resolution planning, and compliance guidance
- Financial Creditors – initiation of CIRP, participation in CoC proceedings, and enforcement of rights
- Operational Creditors – recovery of dues through properly drafted insolvency applications
- Directors & Key Management – advisory on statutory duties, personal exposure, and defence against allegations
- Shareholders & Investors – protection against oppression, mismanagement, and dilution of rights
Each matter is approached with a clear understanding of commercial impact and legal risk.
Why Experience Matters in NCLT & NCLAT Cases
Tribunal litigation under company and insolvency laws is governed by strict timelines, procedural rules, and evolving judicial precedents. Experienced representation ensures:
- Accurate drafting and filing of petitions, replies, and affidavits
- Compliance with statutory deadlines under the IBC and Companies Act
- Strategic case planning aligned with prevailing tribunal jurisprudence
- Effective oral submissions and rebuttals before the Bench
- Early identification and mitigation of legal and financial risks
Our approach focuses on precision, preparedness, and long-term client interests.
Our Strategic Approach to Tribunal Litigation
Every NCLT or NCLAT matter is handled through a structured and outcome-focused process:
Case Assessment & Risk Analysis
We begin with a detailed evaluation of facts, documents, timelines, and potential risks before advising on the most effective course of action.
Legal Strategy & Planning
We formulate clear strategies—whether for resolution, defence, settlement, or appeal—based on statutory provisions and recent judicial trends.
Drafting & Documentation
All pleadings, applications, and replies are drafted with procedural accuracy and legal clarity, ensuring full compliance with tribunal rules.
Tribunal Representation
We present concise and well-structured arguments before the NCLT and NCLAT, addressing both legal and commercial aspects of the dispute.
Continuous Client Communication
Clients are kept informed at every stage, with clear explanations of developments, risks, and available options.
NCLAT Representation & Appellate Remedies
Orders passed by the NCLT often have significant financial and operational consequences. We assist clients in:
- Filing and defending appeals before the NCLAT
- Seeking stay of adverse orders
- Challenging resolution plans or liquidation decisions
- Protecting stakeholder rights at the appellate stage
Appellate strategy is planned from the very outset of NCLT proceedings.
Our Commitment
The Chamber of Advocate Rohit Gour is committed to providing reliable, strategic, and professional representation in NCLT and NCLAT matters. We combine legal expertise with commercial understanding to help clients navigate tribunal litigation with confidence.
Consultation
If you are facing proceedings before the NCLT or NCLAT, or require advice on insolvency or company law disputes, you may seek a confidential consultation to evaluate your legal position and available remedies.
Frequently Asked Questions (FAQs)
NCLT & Insolvency and Bankruptcy Code (IBC) Cases
Q1. What is the National Company Law Tribunal (NCLT)?
Answer:
The NCLT is a specialised quasi-judicial body that adjudicates matters relating to company law and insolvency under the Companies Act, 2013 and the Insolvency and Bankruptcy Code, 2016 (IBC).
Q2. What types of cases are handled by the NCLT?
Answer:
NCLT handles insolvency resolution, liquidation, oppression and mismanagement, mergers and amalgamations, shareholder disputes, and other corporate law matters.
Q3. What is the Insolvency and Bankruptcy Code (IBC)?
Answer:
The IBC is a comprehensive legislation that provides a time-bound framework for resolving insolvency of companies, partnerships, and individuals, with the objective of maximising asset value and balancing stakeholder interests.
Q4. Who can initiate proceedings under the IBC?
Answer:
Proceedings under the IBC can be initiated by:
- Financial Creditors
- Operational Creditors
- Corporate Debtors themselves
subject to fulfilment of statutory conditions.
Q5. What is the Corporate Insolvency Resolution Process (CIRP)?
Answer:
CIRP is the process initiated under the IBC to resolve insolvency of a corporate debtor through restructuring or revival, failing which the company may proceed to liquidation.
Q6. What is the role of the Committee of Creditors (CoC)?
Answer:
The CoC, comprising financial creditors, takes key commercial decisions during CIRP, including approval or rejection of resolution plans and decisions on liquidation.
Q7. What is the time limit for completing CIRP?
Answer:
CIRP is required to be completed within 180 days, extendable up to 330 days, including litigation periods, as prescribed under the IBC.
Q8. What happens if no resolution plan is approved?
Answer:
If no resolution plan is approved within the prescribed timeline, the corporate debtor proceeds into liquidation as per the IBC.
Q9. Can NCLT orders be challenged?
Answer:
Yes. Orders passed by the NCLT can be challenged before the National Company Law Appellate Tribunal (NCLAT), and further before the Supreme Court of India on questions of law.
Q10. Why is legal representation important in NCLT & IBC cases?
Answer:
NCLT and IBC proceedings involve strict timelines, technical procedures, and significant financial consequences. Experienced legal representation ensures procedural compliance, effective strategy, and protection of stakeholder rights.
