RM Legal acts in company law disputes before the National Company Law Tribunal, including oppression and mismanagement petitions, shareholder and family business disputes, and applications concerning a company's register, status and schemes. Companies with their registered office in Gujarat fall under the NCLT's Ahmedabad bench, with appeals to the National Company Law Appellate Tribunal. For insolvency proceedings, see Insolvency and Bankruptcy Code (IBC).
Our work includes:
Members can approach the Tribunal where the company's affairs are being conducted in a manner prejudicial or oppressive to them, or prejudicial to the company or the public interest. The Tribunal has wide powers, including regulating the conduct of the company's affairs, setting aside transactions, removing directors, and ordering one group of shareholders to buy out another.
In a company with share capital, a petition can be filed by at least 100 members or one-tenth of the total members, whichever is less, or by members holding at least one-tenth of the issued share capital. The Tribunal can waive these requirements in appropriate cases.
Many companies in Surat are closely held family businesses. When family members disagree about management, shareholding or succession, the resulting disputes are often brought before the NCLT as oppression and mismanagement petitions. These disputes frequently end in a negotiated separation of businesses or a buyout, and we advise on both litigation and settlement.
A company struck off by the Registrar can apply to the Tribunal for restoration if it was carrying on business or in operation at the time, or if restoration is otherwise just. Restoration is commonly sought where a company's bank accounts are frozen, or where it has assets, contracts or pending proceedings.
Where a person's name is wrongly entered in or omitted from the register of members, or a share transfer is refused without sufficient cause, the affected person can apply to the Tribunal for rectification.
What is oppression and mismanagement?
Conduct of the company's affairs in a manner that is prejudicial or oppressive to members, or prejudicial to the company or the public interest. Examples include exclusion from management, siphoning of funds, and issuing shares to alter control.
Can a minority shareholder file an oppression petition?
Yes, if they meet the eligibility thresholds of 100 members, one-tenth of the members, or one-tenth of the issued share capital. The Tribunal can also grant a waiver.
Can a struck-off company be restored?
Yes. An application can be made to the Tribunal, which may restore the company if it was carrying on business or if restoration is otherwise just.
Our company refused to register a share transfer. What can be done?
The transferee can apply to the Tribunal for rectification of the register, and the Tribunal can direct the company to register the transfer.
Is mediation possible in NCLT disputes?
Yes. The Tribunal can refer matters to mediation, and many shareholder and family disputes are settled through negotiated arrangements.
How long does an NCLT case take?
It varies with the complexity of the dispute and the Tribunal's workload. Interim relief can be obtained relatively quickly where the circumstances justify it.
Reviewed by Richa M. Goyal, Managing Partner. Last reviewed: October 2026.