NCLT Lawyer in Prayagraj and Lucknow

For businesses in Lucknow, Kanpur, Varanasi, Prayagraj, Gorakhpur, Agra or Bareilly, the NCLT is closer than many people think. The Allahabad Bench, which hears every insolvency and company case for companies registered in Uttar Pradesh and Uttarakhand, sits at Panna Lal Road in Prayagraj. Lucknow is a few hours away by road or rail, and many hearings can now be attended virtually.

We handle these matters through an associate office for Prayagraj and Lucknow, working with our Delhi NCR team, which prepares the papers and strategy. That gives clients in central and eastern UP local access with the experience of a practice that runs NCLT and NCLAT matters regularly. This page explains what we do for UP clients outside NCR, the cases common in the region, and how a matter runs.

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What we do for clients in central and eastern UP

Restoration of struck-off UP companies

Over the past decade, the ROC struck off a very large number of companies across the country for not filing returns, and Uttar Pradesh had its share. Many were small family companies set up to hold a shop, a cold storage, a school building or a plot. Owners often discover the strike-off only when they try to sell the property, close a bank account or receive a refund, and find that the company legally no longer exists.

The NCLT can restore a struck-off company under Section 252. An appeal against the ROC's order must be filed within three years, while a member, creditor or the company can apply within twenty years if the company was carrying on business or in operation at the time, or if restoration is otherwise just. The ROC usually asks for all pending returns to be filed and costs paid. Directors who were disqualified because of the defaults may need to take further steps once the company is compliant. We collect the evidence of assets or business, deal with the ROC's report and handle the hearing.

Sugar, cold storage and agro companies

Central and western UP have many sugar mills, cold storages, flour and rice mills and agro-processing companies. Their finances follow the crop cycle, and their creditors include banks, farmers, transporters and suppliers of packaging and chemicals. Sugar mills face particular issues: cane dues to farmers are regulated by state law, and the state may have recovery powers over them. In an insolvency, the treatment of cane dues, state dues and workers' dues can decide whether a plan works.

For a supplier, the key questions are whether the debt is at least Rs 1 crore, whether it is undisputed, and whether the mill is likely to pay to avoid admission. For a promoter, the question is whether to negotiate with lenders or, for a registered MSME, consider a pre-pack before a creditor files. Cold storage operators often hold farmers' produce, which belongs to the farmers, not the company, and must be kept separate in any insolvency.

How a matter runs with our associate office

Which forum for which problem in UP

Time and typical cost

Our fees are agreed in writing at the start, stage by stage. They are not linked to the outcome.

What to bring

Laws that apply

How we work for UP clients

We are a litigation practice led by Advocate BK Singh, with offices in Dwarka (New Delhi) and Vaishali (Ghaziabad), and an associate office for Prayagraj and Lucknow matters. This is what you can expect:

• Local access: an associate office for meetings and appearances.
• Experienced preparation: our Delhi NCR team drafts and plans.
• Close to the bench: associate counsel in Prayagraj attend hearings.
• Honest advice: whether the NCLT, a suit or negotiation is best.
• Written fee terms: agreed stage by stage, never linked to the outcome.

Mistakes UP clients often make

Education and hospital companies in Lucknow

Lucknow and other UP cities have many schools, colleges, nursing homes and hospitals run through private companies, often founded by doctors or educationists with family members or friends as co-shareholders. Disputes in these companies tend to be about control: who sits on the board, who signs cheques, who runs admissions or appoints staff. Because the institution's land and building are usually the company's main asset, a dispute can also turn into a fight over property.

An oppression and mismanagement petition can protect a shareholder who is being pushed out, and the NCLT can pass interim orders to keep the institution running while the dispute is heard. Regulatory approvals, such as affiliation for a college or registration for a hospital, may also depend on who controls the company, so any settlement needs to keep those approvals intact. We look at the articles, the share register, the land documents and the approvals before advising.