IL&FS Fraud Case: NCLAT Restrains Further Action Against Deloitte, SRBC, BSR

The National Company Law Appellate Tribunal (NCLAT) has recently restrained further action against Deloitte Haskins & Sells LLP, SRBC & Co LLP, BSR & Associates LLP and other auditors under Section 339 of the Companies Act, 2013 in the IL&FS matter, pending consideration of their challenge to the maintainability of the proceedings.The order was passed on May 26 by a bench of Chairperson Justice Ashok Bhushan and Technical Member Barun Mitra. "We observe that question of...

NCLAT Refuses Stay On EOGM For Removal Of Jagran Prakashan Independent Directors

The New Delhi National Company Law Appellate Tribunal (NCLAT) on 26 May declined to stay the Extraordinary General Meeting (EOGM) convened for the removal of independent directors of Jagran Prakashan Limited (JPL) and disposed of the appeal filed by the directors. Judicial Member Justice Yogesh Khanna and Technical Member Ajai Das Mehrotra heard the appeal against the order of the NCLT Allahabad dated 23 April 2026. The Bench observed: “....what appears is the inter mingling of various issues...

Only Central Government Can Order SFIO Probes, Not Company Tribunals: NCLAT

The National Company Law Appellate Tribunal (NCLAT) in Delhi has recently reiterated that company tribunals cannot directly order a Serious Fraud Investigation Office probe, ruling that the power to direct such an investigation rests with the Central Government. A bench of Judicial Member Justice Mohd. Faiz Alam Khan and Technical Member Naresh Salecha relying on its own earlier decision observed, "The procedure for investigation in the affairs of the company has been provided under Section...

NCLAT Dismisses Former Stone Age Director's Appeal Over Removal, Refuses New Arguments At Appellate Stage

The National Company Law Appellate Tribunal (NCLAT) in Delhi has dismissed an appeal by a former Stone Age Pvt Ltd director, holding that it cannot act as a court of first instance to decide her argument that her removal from directorship was illegal because the company's Articles of Association did not require a whole-time director to seek reappointment. “Qua the argument the Article of Association of Respondent No.1 nor the provisions of Companies Act, 1956 contemplate any requirement for a...

NCLAT Rejects Dissenting Creditors' Challenge To NSEL Scheme Clauses On Broker Liability, Claims Assignment

The National Company Law Appellate Tribunal on Tuesday dismissed an appeal by Nirtex Exports & Investment Pvt. Ltd. and other specified creditors challenging the NCLT's approval of a settlement scheme in the 2013 National Spot Exchange Ltd. payment default matter, particularly provisions barring parallel claims against brokers. It held that creditors covered by the scheme cannot continue pursuing the same claims separately against brokers once those claims stand assigned under the...

High Courts Cannot Bypass Statutory Remedy Through Writ Jurisdiction: NCLAT Chennai

The Chennai Bench of the National Company Law Appellate Tribunal (NCLAT) on 30 April held that High Courts should not ordinarily exercise writ jurisdiction under Article 226 when a statutory appellate remedy exists under the Companies Act framework. A Bench of Judicial Member Justice Sharad Kumar Sharma and Technical Member Jatindranath Swain also held that litigants cannot seek exclusion of time under Section 14 of the Limitation Act, 1963 when they approach the wrong forum without acting in...

NCLAT Sets Aside NCLT Order Cancelling 30,000-Share Allotment, 15,626-Share Sale In Peerless General Finance

The National Company Law Appellate Tribunal (NCLAT) at Delhi has recently set aside a Kolkata NCLT order that had cancelled the allotment of 30,000 shares made in 1987–88 and the sale of 15,626 shares in Peerless General Finance & Investment Co. Ltd. (PGFI). It held that no case of oppression or mismanagement was made out under Sections 397–398 of the Companies Act, 1956. The appellate tribunal was hearing three connected appeals against a common order dated July 18, 2022 in a long-running...

Non-Compete Clause In Shareholder Agreement Binding On Auction Purchaser: NCLAT New Delhi

On 8 April, the New Delhi Bench of the National Company Law Appellate Tribunal (NCLAT) has held that non-compete obligations contained in a shareholder agreement can bind a purchaser of shares even if those obligations are not incorporated into the Articles of Association, particularly where the acquisition takes place through a liquidation auction. The Bench of Judicial Member Justice Yogesh Khanna and Technical Member Ajai Das Mehrotra observed: “If Flovel is allowed to compete with its own...

NCLAT Chennai Holds Share Purchase Rights Forfeited By Delay In Exercising First Option

The National Company Law Appellate Tribunal (NCLAT) at Chennai on 26 February dismissed an appeal by PM Johny challenging an NCLT order that permitted respondents to purchase shares at a higher valuation, holding that the appellant forfeited the right by failing to act at the appropriate stage. A Bench comprising Judicial Member Justice Sharad Kumar Sharma and Technical Member Jatindranath Swain observed: “…the Appellant cannot take an advantage at this stage by carving arguments when the...

NCLAT Dismisses MMTC Appeal Against NSEL's Settlement Scheme With Traders

The National Company Law Appellate Tribunal (NCLAT) at Delhi on Monday rejected a challenge by state-run trading company MMTC Limited to a settlement scheme approved for National Spot Exchange Ltd., holding that the scheme cannot be reopened once it has been upheld in earlier proceedings and affirmed by the Supreme Court.The Mumbai bench of the National Company Law Tribunal had, on November 28, 2025 approved the settlement scheme between NSEL, along with its promoter 63 Moons, and its creditors,...

Share Capital Increase Without Notice To Family Shareholders Amounted To Oppression In Daruka Papers Case: NCLAT

The National Company Law Appellate Tribunal (NCLAT) at Delhi has held that increasing the authorised share capital and issuing rights shares without notice to continuing shareholders in a closely-held family company amounted to oppression, after finding that the company proceeded on the assumption that certain shareholders had resigned even though the validity of their resignation itself was disputed. Disposing of the appeal in a dispute concerning J.B. Daruka Papers Ltd, a bench of Judicial...

Special Resolution Under Companies Act Needed Only For Sale Of Undertakings, Not Individual Assets: NCLAT

The National Company Law Appellate Tribunal (NCLAT) at Delhi on Monday held that shareholder approval through a special resolution under Section 180(1)(a) of the Companies Act, 2013, is required only when a company sells an "undertaking." The provision does not apply when a company disposes of an individual asset. Section 180 of the Companies Act restricts certain powers of a company's board of directors. It requires prior approval of shareholders through a special resolution when a company...