Benches of Tribunal

(1)

There shall be constituted such number of Benches of the Tribunal , as may, by notification, be specified by the Central Government.

(2)

The Principal Bench of the Tribunal shall be at New Delhi which shall be presided over by the President of the Tribunal.

(3)

The powers of the Tribunal shall be exercisable by Benches consisting of two Member out of whom one shall be a Judicial Member and the other shall be a Technical Member:

Proviso

Provided that it shall be competent for the Members of the Tribunal authorised in this behalf to function as a Bench consisting of a single Judicial Member and exercise the powers of the Tribunal in respect of such class of cases or such matters pertaining to such class of cases, as the President may, by general or special order, specify:

Proviso

Provided further that if at any stage of the hearing of any such case or matter, it appears to the Member that the case or matter is of such a nature that it ought to be heard by a Bench consisting of two Members, the case or matter may be transferred by the President, or, as the case may be, referred to him for transfer, to such Bench as the President may deem fit.

(4)

The Central Government shall, by notification, establish such number of benches of the Tribunal, as it may consider necessary, to exercise the jurisdiction, powers and authority of the Adjudicating Authority conferred on such Tribunal by or under Part II of the Insolvency and Bankruptcy Code, 2016.

(4)

The President shall, for the disposal of any case relating to rehabilitation, restructuring, reviving or winding up , of companies, constitute one or more Special Benches consisting of three or more Members, majority necessarily being of Judicial Members.

(5)

If the Members of a Bench differ in opinion on any point or points, it shall be decided according to the majority, if there is a majority, but if the Members are equally divided, they shall state the point or points on which they differ, and the case shall be referred by the President for hearing on such point or points by one or more of the other Members of the Tribunal and such point or points shall be decided according to the opinion of the majority of Members who have heard the case, including those who first heard it.

Notes, amendments & references (4)

The Benches are notified by the Central Government. To view the notification, Click Here .

The jurisdiction of State of Madhya Pradesh will be exercised by Ahmedabad Bench of National Company Law Tribunal (NCLT) till the operationalization of Indore Bench of NCLT, which will be notified by the Central Government by a subsequent notification.To view the notification, Click Here

Substituted vide The Insolvency and Bankruptcy Code, 2016. To view the amendment, Click Here

omitted by the Companies (Amendment) Act, 2015 (21 of 2015), notified on 25th May, 2015, with effect from 29th May 2015 vide notification S.O. 1440(E).To view the Act, Click Here