What Is the NCLT?
The National Company Law Tribunal (NCLT) is the quasi-judicial authority established under the Companies Act, 2013. It is the single forum for adjudicating all matters relating to companies in India — including mergers, amalgamations, insolvency proceedings under the Insolvency and Bankruptcy Code (IBC) 2016, oppression and mismanagement cases, company revival, reduction of share capital, winding up, and more.
With 16 Benches across India, the NCLT replaced the Company Law Board (CLB), the Board for Industrial and Financial Reconstruction (BIFR), and the jurisdiction of High Courts over company winding-up matters. Getting your petition right — and your arguments sharper — demands a professional who knows both the law and the tribunal’s procedure.
Whether you are a director seeking company revival, a shareholder facing oppression, a creditor initiating insolvency, or a company pursuing a merger, S Choudhary & Co. is your trusted NCLT counsel.
NCLT Services
1. Revival of Struck-Off Company (Section 252)
Has your company been struck off the Register of Companies by the Registrar of Companies (RoC) under Section 248 of the Companies Act, 2013? Do not panic. Section 252(3) provides a clear legal remedy.
Any company, member, or creditor aggrieved by the name being struck off can file a petition before the NCLT at any time within 20 years from the date of publication of the striking-off notice in the Official Gazette. Upon NCLT’s order, the company is restored to the register as if it had never been struck off — and all assets that vested in the Central Government under Section 250 are deemed to have never so vested.
We handle the complete revival process: eligibility assessment, document compilation, petition drafting (Form NCLT-9), service on RoC and Central Government, NCLT hearing representation, and post-revival MCA filings.
2. Mergers, Amalgamations & Demergers (Sections 230–232)
Corporate restructuring through merger, amalgamation, or demerger requires NCLT approval under Sections 230–232 of the Companies Act, 2013. We assist companies in:
- Drafting the Scheme of Arrangement
- Filing the application before the NCLT
- Obtaining directions for convening meetings of shareholders and creditors
- Representing at NCLT hearings
- Filing the approved scheme with the RoC and completing all post-merger compliances
3. Oppression & Mismanagement (Sections 241–244)
Shareholders and members facing oppressive conduct by the majority, or mismanagement of company affairs, can apply to NCLT under Sections 241–244 of the Companies Act, 2013. We advise and represent both petitioners and respondents in oppression and mismanagement matters, helping clients obtain appropriate relief including change of management, winding up, or buyout orders.
4. Corporate Insolvency Resolution Process — IBC, 2016
We assist financial creditors, operational creditors, and corporate debtors in all stages of the Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016:
- Section 7 Application — by Financial Creditors
- Section 9 Application — by Operational Creditors
- Section 10 Application — by the Corporate Debtor itself
- Representation before the Resolution Professional (RP)
- Advising on Resolution Plans and their NCLT approval
- Voluntary Liquidation under IBC
5. Reduction of Share Capital (Section 66)
Reduction of share capital requires a special resolution and confirmation by the NCLT. We assist companies in drafting the application, appearing at NCLT, addressing creditor objections, obtaining the order of confirmation, and completing subsequent RoC filings.
6. Winding Up (Section 271)
Compulsory winding up of a company under Section 271 of the Companies Act, 2013 is filed before the NCLT. We represent petitioners and respondents in winding-up matters and advise on alternatives such as voluntary closure under Section 248(2) or voluntary liquidation under the IBC, 2016.
7. Rectification of Register of Members (Section 59)
Any aggrieved person can apply to NCLT for rectification of the Register of Members. We handle cases involving disputed share transfers, fraudulent allotments, and wrongful or unlawful entries in the register.
8. Class Action Suits (Section 245)
Members and depositors meeting the prescribed thresholds can file class action suits before NCLT against the company, its directors, auditors, or experts for fraudulent, unlawful, or wrongful acts. We advise on eligibility and represent clients in these multi-party proceedings.
9. Appeals Before NCLAT
Orders of NCLT can be challenged before the National Company Law Appellate Tribunal (NCLAT) within 45 days. We assist in filing and defending appeals before the NCLAT Benches in New Delhi and Chennai.
Revival of Struck-Off Company: Step-by-Step Process
If your company has been struck off, here is how we guide you through the Section 252(3) revival process:
Step 1 — Verify Strike-Off Status Confirm the company’s status on the MCA portal (mca.gov.in), identify the exact date and Official Gazette reference of the striking-off notice, and confirm you are within the 20-year window.
Step 2 — Document Collection Gather the Certificate of Incorporation, MOA/AOA, last available financial statements, director KYC documents (PAN, DIN, Aadhaar), and any Board Resolution authorising the petition. Prepare the petitioner’s affidavit.
Step 3 — Draft and File Petition (Form NCLT-9) File the petition before the territorially competent NCLT Bench. The petition must clearly state the facts, grounds for revival, pending dues (if any), and the prayer for restoration.
Step 4 — Serve Notice on RoC and Central Government Mandatory notice is served on the Registrar of Companies and the Regional Director, Ministry of Corporate Affairs. They have the right to file a reply and appear at the hearing.
Step 5 — NCLT Hearing and Order At the hearing, we represent you before the NCLT Bench. If the Tribunal is satisfied, it passes an order of revival, which the RoC then publishes in the Official Gazette.
Step 6 — Post-Revival Compliance After revival, file all pending Annual Returns and Financial Statements. Companies revived before 15 July 2026 can avail CCFS-2026 to clear all pending filings by paying only 10% of the accumulated additional fees — a saving of up to 90%.
Types of Matters at NCLT
- Revival of struck-off company (Section 252)
- Restoration of company name to the register
- Merger and amalgamation (Sections 230–232)
- Scheme of arrangement with creditors
- Demerger and corporate restructuring
- Oppression and mismanagement (Section 241)
- Prevention of mismanagement (Section 242)
- Reduction of share capital (Section 66)
- Corporate Insolvency Resolution Process (CIRP) under IBC
- Section 7 application by Financial Creditors
- Section 9 application by Operational Creditors
- Section 10 application by Corporate Debtor
- Resolution plan approval and appeals
- Voluntary liquidation under IBC, 2016
- Compulsory winding up (Section 271)
- Rectification of Register of Members (Section 59)
- Class action suits (Section 245)
- Conversion of company type before NCLT
- DIN activation and director disqualification matters
- Appeals before NCLAT (New Delhi / Chennai)
- Post-revival MCA filings and CCFS-2026 compliance
Frequently Asked Questions
My company was struck off by the RoC. Can it be revived? Yes. Section 252(3) of the Companies Act, 2013 allows the company itself, or any member or creditor, to file a petition before NCLT for revival within 20 years from the date of the striking-off notice being published in the Official Gazette. Once NCLT passes the revival order and the RoC publishes it in the Gazette, the company is fully restored.
How long does the revival process take? An uncontested revival petition typically takes 4 to 6 months from filing to the NCLT order, plus another 4 to 8 weeks for RoC gazette publication and MCA portal update. Timelines can vary depending on the Bench, complexity, and whether the RoC files objections.
What happens to company assets after strike-off? Under Section 250 of the Companies Act, 2013, all property and rights of the company vest in the Central Government on dissolution. However, if NCLT orders revival under Section 252(3), those assets are deemed never to have vested in the Government. This makes revival essential for companies with immovable property, bank balances, GST/income tax refunds, or intellectual property.
Who can file a revival petition? The company itself (through its directors), any member or shareholder, any creditor (secured or unsecured), or legal heirs of deceased members in appropriate cases.
What is the difference between Section 252(1) and Section 252(3)? Section 252(1) allows any aggrieved person to appeal the RoC’s strike-off order within 3 years. Section 252(3) specifically allows the company, its members, or creditors to apply for revival within 20 years — and is available even after the 3-year window under Section 252(1) has expired.
Can I use CCFS-2026 after company revival? Yes. Once your company is revived and its status updated to “Active” on the MCA portal, you can file all pending Annual Returns (MGT-7/7A) and Financial Statements (AOC-4) under the Companies Compliance Facilitation Scheme, 2026 (CCFS-2026) by paying only 10% of accumulated additional fees. The scheme also provides immunity from prosecution under Sections 92 and 137 of the Companies Act, 2013. The scheme window is 15 April 2026 to 15 July 2026.
Which NCLT Bench should I file in? You must file before the Bench having jurisdiction over the registered office of the struck-off company. For companies registered in Rajasthan, the appropriate Bench is NCLT Jaipur. S Choudhary & Co. regularly files before NCLT Jaipur and coordinates with advocates at other Benches across India.
What documents are required for a revival petition? Certificate of Incorporation, MOA/AOA, copy of Official Gazette striking-off notification, petitioner’s affidavit, last available financial statements, director KYC (PAN, DIN, Aadhaar), Board Resolution (if the company itself is the petitioner), and supporting evidence of the ground for revival.