About Book:The Companies Act, 2013, has introduced provisions for setting up of new Tribunal, namely, National Company Law Tribunal (NCLT). As per the new provisions, certain powers of High Court relating to merger, amalgamation, reduction of capital and winding up of companies, all matters relating to revival & rehabilitation of sick companies with Board for Industrial and Financial Reconstruction and all powers of Company Law Board alongwith certain new powers have now been vested in the National Company Law Tribunal. The powers relating to Insolvency matters in respect of corporate persons have also been vested in NCLT by virtue of passing of Insolvency and Bankruptcy Code, 2016. The appellate powers in relation to matters within the jurisdiction of National Company Law Tribunal have been vested in National Company Law Appellate Tribunal (NCLAT).
In view of the starting of functioning of the Tribunals, it is imperative that the relevant Law, relevant Rules and the Procedure to be followed there should be understood. This Book has been written with a view to present in a simple, comprehensive and exhaustive manner all procedures along with relevant sections of Companies Act, 2013 and relevant Rules of NCLT Rules, 2016 & NCLAT Rules, 2016. The Book has been divided into several Chapters covering all matters relating to Historical Background of NCLT/NCLAT, constitution & working of NCLT & NCLAT, giving procedure for drafting and filing applications under each section within jurisdiction of the Tribunals along with format of Resolutions and relevant forms. In ‘Appendices’ all necessary notifications/circulars relating to the Tribunals, Table of fees for various applications, NCLT Rules, 2016 and NCLAT Rules, 2016 have been given.
In the Fourth edition of the Book, procedure for making applications under Sections 7, 9, 10 and 95 of Insolvency and Bankruptcy Code, 2016 have been included. The law and procedure duly updated relating to the Compromises and Arrangement and Merger and Amalgamation of Companies, reduction of capital and restoration of struck off companies have also been included. Notification dated 8th May, 2019 relating to Class Action Suits under Section 245 of Companies Act, 2013 has also been included.
The recent orders passed by National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal have also been added in separate Chapters The recent orders passed by Supreme Court of India have also been added in a separate Chapter.
Author: Ajay Kumar
Ajay Kumar :
Mr. Ajay Kumar, B.Com (Hons), L.L.B, FCS and ACIS (UK), author of the Book is well known Practicing Company Secretary for the last 18 years. Before starting his practice as Company Secretary he had earlier worked as Assistant Registrar of Customs, Excise and Service Tax Appellate Tribunal, Mumbai, Bench officer of Board for Industrial and Financial Reconstruction (BIFR), New Delhi, Assistant Registrar of Companies (ROC), Mumbai and Bench Officer of Company Law Board (CLB), Mumbai Bench.
He has a very rich experience of dealing with company law and other corporate laws. He had written a book on ‘A Study on the Registration of Charges under the Companies Act, 1956’ for the Institute of Chartered Accountants of India. He has recently written Books entitled ‘Compounding of Offences, Adjudication of Penalties and Special Courts under the Companies Act, 2013’ and ‘National Company Law Tribunal (NCLT) and ‘National Company Law Appellate Tribunal (Practice & Procedure)’ published by Bharat Law House Private Limited. He has specialized in dealing with matters relating to “Oppression and Mismanagement” under Company Law and had been regularly appearing before Company Law Board in the past and now appears before National Company Law Tribunal. He has also been regular Faculty at various training programmes, seminars, workshops organized by institute of Companies Secretaries of India, Western India Regional Council (WIRC), Mumbai.
He is on the Panel of ‘Mediation and Conciliation’ maintained by Ministry of Corporate Affairs pursuant to section 442 of Companies Act, 2013. He is also registered as ‘Insolvency Professional’ with ICSI Insolvency Professional Agency and Insolvency and Bankruptcy Board of India.
About Publisher:Bharat is a ‘trade-name’ for a group of concerns, popularly known as Bharat Law House and Bharat Law House Pvt. Ltd. Bharat is one of the most reputed publishers of law books with an experience of over six decades. It possess a very diverse range of publications covering not only the area of taxation – direct and indirect – but also company law, insolvency capital market, finance, industrial law, foreign exchange, commercial, civil and criminal laws. The students publications for CA, CS, CMA, CFA, MBA, graduate and post-graduate studies have carved out a niche for themselves. The Publication House has a professionally qualified team with strong in-house capabilities. Their strength lies in the patronage of legal luminaries in every field. They strive for accuracy, authenticity and sincerity.