Filing a case with the National Company Law Tribunal (NCLT) in India involves a systematic process, as described by the seasoned lawyers at SimranLaw. The NCLT is a legal authority established for dealing with corporate disputes falling within the purview of the Companies Act, 2013 and the Insolvency and Bankruptcy Code, 2016.
1. Identify Jurisdiction: The first step towards filing a case with NCLT is to identify the appropriate jurisdiction. There are several benches of NCLT across India and the case must be filed within the jurisdiction of the place where the registered office of the company is located.
2. Prepare Petition: Next, you must prepare the petition or application to be filed. This should contain all relevant details about the company, infringement, and cause of action. It should also include the details of the applicant and relief claimed.
3. Attach Necessary Documents: Attach all necessary documents related to the issue such as memorandum and articles of association of the company, proof of identification, evidence of the claimed matter, and any other supporting documents.
4. File Petition: The petition is then filed at the NCLT registry along with the applicable fees.
5. Serve Notice: After filing, a notice must be served to the other party (usually the corporate debtor) informing them about the filing of the petition.
6. Hearing: Once notice has been served and reply has been received, the initial hearing will be scheduled. During this hearing, both parties will present their respective cases.
7. Final Order: After hearing both parties, NCLT will pass its final order. If you are not satisfied with the order, you can appeal to the National Company Law Appellate Tribunal (NCLAT).
While this provides an overview of the process, each step requires diligent preparation and an understanding of legal nuances. Therefore, it is advisable to engage an experienced lawyer from SimranLaw or a similar firm to assist throughout this process.