What kind of cases can be filed at NCLT in Indore?
Here’s a comprehensive overview of the types of cases that can be filed at the NCLT in Indore:
Types of Cases at NCLT Indore:
1. Company Law Cases:
- Company Incorporation and Registration: Matters related to incorporating companies, altering company structure, and registering changes in the memorandum and articles of association.
- Oppression and Mismanagement: Cases addressing allegations of oppression and mismanagement, safeguarding the rights of stakeholders and ensuring proper corporate governance.
- Conversion of Company: Applications for converting a public company into a private company or vice versa.
- Reduction of Share Capital: Seeking NCLT approval for reducing share capital, whether for consolidation or division.
2. Insolvency and Bankruptcy Cases:
- Corporate Insolvency Resolution Process (CIRP): Initiating the CIRP for companies facing financial distress and defaulting on payments to creditors.
- Liquidation: In cases where the CIRP doesn’t lead to a resolution, liquidation involves selling company assets to repay creditors.
- Individual Insolvency: Initiation of insolvency proceedings against individuals, often involving personal guarantees provided by directors or promoters.
3. Merger and Amalgamation:
- Scheme of Arrangement: Seeking NCLT approval for merging, amalgamating, or reconstructing business operations.
4. Winding Up of Companies:
- Voluntary Winding Up: Companies applying for voluntary winding up under specific circumstances, requiring NCLT approval.
- Compulsory Winding Up: Initiated by creditors, members, or the company itself when unable to pay debts.
5. Investor Protection and Class Action Suits:
- Class Action Suits: Shareholders filing suits against companies for fraudulent practices affecting a group of shareholders.
6. Other Matters:
- Inspection and Investigation: Regulatory bodies and stakeholders seeking NCLT orders for inspecting and investigating company affairs.
7. Compounding of Offences:
- Allowing companies to pay penalties in exchange for avoiding criminal prosecution for certain offences.
8. Conversion of Companies:
- Seeking NCLT approval for converting the legal structure of companies from one type to another.
9. Disqualification of Directors:
- NCLT authority to disqualify directors engaged in fraudulent or unlawful activities.
10. Enforcement of Corporate Governance Standards:
- NCLT ensuring compliance with corporate governance standards and ethical business operations.
Each case filed at the NCLT in Indore involves specific procedures and regulations. The jurisdiction and procedures can be obtained from the official Ministry of Corporate Affairs or NCLT website. Legal expertise is recommended when dealing with NCLT matters to ensure proper compliance and navigation through the legal process.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304