Kolkata's business community is one of the oldest in India. Its companies include century-old trading houses, tea and jute companies, engineering firms, investment companies, NBFCs, and newer IT and real estate businesses in Salt Lake and New Town. The city is also the corporate centre for Bihar, Jharkhand and the north-east, and many companies with operations across eastern India are registered here. Disputes involving these companies reach NCLT Kolkata at Corporate Bhawan in New Town.
We serve Kolkata clients through an associate office in the city, with our Delhi NCR team preparing papers and strategy. This page explains what we do for clients in Kolkata and eastern India, the issues that come up most often, and how a matter runs.
हिंदी में सारांश
कोलकाता, बिहार, à¤à¤¾à¤°à¤–ंड और अंडमान-निकोबार की कंपनियों के NCLT मामले NCLT कोलकाता, कॉरà¥à¤ªà¥‹à¤°à¥‡à¤Ÿ à¤à¤µà¤¨, नà¥à¤¯à¥‚ टाउन में जाते हैं। कोलकाता में हमारा सहयोगी ऑफिस है और दिलà¥à¤²à¥€ NCR की टीम कागज़ात और रणनीति तैयार करती है। पà¥à¤°à¤¾à¤¨à¥€ कंपनियों में शेयर विवाद, बंद कंपनियों की बहाली और लेनदारों के मामले हम संà¤à¤¾à¤²à¤¤à¥‡ हैं। अपील NCLAT नई दिलà¥à¤²à¥€ में होती है।
Is this your situation?
- A Kolkata company owes your business Rs 1 crore or more
- Your company has received a demand notice or insolvency petition
- You are an heir of a shareholder in an old Kolkata company and your shares are missing from the register
- You hold physical share certificates in a company that will not respond
- A Patna or Ranchi company has defaulted on dues to you
- Your old company was struck off and still owns property
- You are a lender or investor in a Kolkata NBFC or investment company
What we do for clients in Kolkata
Creditors
Demand notices, Section 9 and Section 7 petitions.
Heirs and shareholders
Rectification of the register, refusal of transmission and oppression.
Companies and promoters
Defence and settlement.
Old companies
Claims in insolvency
Filing claims, including for workers and suppliers.
Appeals
NCLAT appeals, heard in New Delhi.
Heirs and old share records
In older Kolkata companies, shares were often held in physical form for decades and passed down within families without the register being updated. When an heir finally asks the company to record the shares, they may find that the shares have been transmitted to another relative, transferred under an old signed deed, or simply not recorded at all. Nominations add a further layer: a nominee recorded by the company does not become the owner, as the Supreme Court explained in Shakti Yezdani (2023); ownership follows the will or succession law.
The NCLT can order the register to be rectified under Section 59. The evidence that helps is the original share certificates, the death certificate, succession documents, the company's annual returns over the years, and any transfer deed relied on by the other side, which can be examined for forgery. Where the wrong entries are part of a wider effort to take control, an oppression petition may also be needed. Unlisted public companies must now issue shares only in demat form, and private companies other than small companies have been brought under a similar requirement, which often brings these old problems to light.
Investment companies and group disputes
Kolkata has many investment companies that hold shares in operating companies and in each other. Group disputes therefore often involve several companies at once, and control of one investment company can decide control of the whole group. Before filing, we map the holdings to identify which company's register or board decides the issue, and whether interim relief is needed in more than one company to stop shares or assets being moved. NBFCs registered with the RBI also have regulatory requirements on changes in control, which affect what can be done.
How a Kolkata matter runs with us
Share the papers
At our associate office, or by email or WhatsApp.
Records review
For old companies, we review registers, certificates and MCA filings first.
Advice and fee terms
Options, risks, timeline and fees for each stage, in writing.
Filing and hearings
We e-file before NCLT Kolkata. Associate counsel attend, and our team attends contested hearings as agreed.
Updates and appeals
A note after every hearing. Appeals go to the NCLAT in New Delhi.
Which forum for which problem in Kolkata
| Problem | Usual forum |
|---|---|
| Undisputed debt of Rs 1 crore or more | NCLT Kolkata, Section 9 after a demand notice |
| Disputed debt or below Rs 1 crore | Commercial court or the Calcutta High Court's commercial division, depending on value |
| Heir's shares missing from the register | NCLT Kolkata, Section 59 |
| Company refuses transmission | NCLT Kolkata, Section 58 |
| Bank recovery | DRTs in Kolkata, SARFAESI, or NCLT under Section 7 |
| Homebuyer complaint | West Bengal RERA, consumer commission, or NCLT for allottees |
Time and typical cost
Our fees are agreed in writing at the start, stage by stage. They are not linked to the outcome.
| Stage | Usual time | What it involves |
|---|---|---|
| Records review and first advice | 3 to 7 working days | Our fee for the opinion |
| Demand notice (Section 8) | 2 to 4 days to draft and send; 10 days for reply | Our fee |
| Rectification petition | Preparation 2 to 4 weeks; decision in months | Evidence, handwriting expert if needed |
| Insolvency petition to admission | A few weeks to some months | Appearance fees |
| Oppression petition | Months to a few years | Interim relief early |
What to bring
For an heir
- Original share certificates
- Death certificate and succession documents
- Any correspondence with the company
For a debt
- Invoices, purchase orders, delivery proof and ledger
For an old company
- Strike-off notice, title deeds, bank statements, old returns
Company details
- Name and CIN of the company involved
Laws that apply
Rectification of the register of members.
Appeal against refusal to register a transfer or transmission.
Nomination of shares; ownership still follows succession law.
Companies in West Bengal, Bihar, Jharkhand and the Andaman and Nicobar Islands are heard by NCLT Kolkata.
How we work for Kolkata clients
We are a litigation practice led by Advocate BK Singh, with offices in Dwarka (New Delhi) and Vaishali (Ghaziabad), and an associate office in Kolkata. This is what you can expect:
- Local access: an associate office in Kolkata.
- Records first: for old companies, we start with the registers.
- Group structures mapped: in investment company disputes.
- Honest advice: whether the NCLT, a suit or negotiation suits the case.
- Written fee terms: agreed stage by stage, never linked to the outcome.
Mistakes Kolkata clients often make
- Assuming a nominee owns the shares
- Waiting decades before asking the company to record transmission
- Filing against the wrong company in a layered group
- Using Section 9 for a disputed debt
- Leaving a struck-off company unrestored until a sale fails
A grandson's shares in a trading company
Here's a made-up example. A man in Kolkata found his late grandfather's share certificates for a 9% stake in a family trading company. The company told him the shares had been transmitted to his uncle years earlier on the strength of a nomination.
We obtained the grandfather's will, which left the shares to the man's father, and the probate. Relying on Shakti Yezdani, we argued that the nomination did not make the uncle the owner. A rectification petition was filed before NCLT Kolkata, which directed the register to be corrected in favour of the legal heirs under the will.
A Patna supplier claim
Here's a second made-up example. A Kolkata steel trader supplied TMT bars worth Rs 1.1 crore to a Patna construction company, which had signed delivery challans and a ledger confirmation and never complained.
We sent a demand notice under Section 8 to the buyer's registered office in Patna. No notice of dispute came within ten days. A Section 9 application was filed before NCLT Kolkata, which covers Bihar. The buyer paid in two instalments, and the application was withdrawn.
Tea and jute company workers
Workers of tea gardens and jute mills registered in Kolkata are often owed months of wages, provident fund and gratuity when the company fails. In a CIRP, workmen file claims in Form D, or through an authorised representative in Form E. Provident fund, pension and gratuity sums are not part of the liquidation estate under Section 36(4) of the Code, and workmen's dues for 24 months before liquidation rank alongside secured creditors who relinquish their security. Unions should collect wage registers, provident fund statements and appointment letters early, because these documents can be hard to find once a garden or mill closes. We help unions and workers file claims and follow the process.
Bihar and Jharkhand businesses
Companies registered in Patna, Ranchi, Jamshedpur, Dhanbad or elsewhere in Bihar and Jharkhand are heard by NCLT Kolkata. For businesses in these states, the bench can feel distant, but filing is online and virtual appearance may be permitted in suitable matters. Bihar's construction and real estate companies and Jharkhand's mining-linked and engineering businesses produce supplier claims, lender petitions and family disputes. We work with our associate office in Kolkata for hearings, and with clients in Patna and Ranchi by video.
Frequently Asked Questions
Where is NCLT Kolkata?
Corporate Bhawan, Akandakeshari, New Town, Kolkata 700135.
Do you have an office in Kolkata?
We have an associate office in Kolkata, with our main offices in Dwarka (New Delhi) and Vaishali (Ghaziabad).
Does a nominee become the owner of shares?
No. The Supreme Court has held that ownership follows the will or succession law; the nominee holds for the heirs.
Can the NCLT correct an old company's register?
Yes, under Section 59, on evidence of entitlement and a wrong entry.
Do Bihar and Jharkhand companies go to Kolkata?
Yes, NCLT Kolkata covers them.
Where do appeals go?
To the NCLAT in New Delhi.
Can I restore an old struck-off company?
Yes, within twenty years as a member, creditor or the company, on showing it was in operation or that restoration is just.
Do you charge a success fee?
No. Fees are agreed in writing for each stage and not linked to the outcome.
NCLT Matter in Kolkata?
Send us your papers or call us. We will tell you plainly whether the NCLT is the right route and what the first step should be.
This page gives general information about the law as it stood when it was last reviewed. It is not legal advice on your case and does not promise any result. IBC rules and NCLT procedures change often, so outcomes depend on your own documents, dates and facts.
Need help with NCLT Lawyer in Kolkata?
Send us the notice, the petition or the order. We will tell you where you stand, which bench hears it and the date the next step is due, in plain words.
