Corporate Insolvency And Bankruptcy Laws Bar Association Requests Operationalisation Of Second Bench At NCLAT Chennai
LIVELAW NEWS NETWORK
2 Jun 2025 10:40 AM IST
The Corporate Insolvency and Bankruptcy Laws Bar Association, established to promote the study and advancement of corporate, insolvency, bankruptcy, economic, and allied laws, has submitted a representation to the Hon'ble Chairperson of the NCLAT on May 28, 2025, seeking the early constitution of a second bench at NCLAT, Chennai. They stated that On 25.01.2019, in Swiss Ribbons v....
The Corporate Insolvency and Bankruptcy Laws Bar Association, established to promote the study and advancement of corporate, insolvency, bankruptcy, economic, and allied laws, has submitted a representation to the Hon'ble Chairperson of the NCLAT on May 28, 2025, seeking the early constitution of a second bench at NCLAT, Chennai.
They stated that On 25.01.2019, in Swiss Ribbons v. Union of India, 2018 the Supreme Court recorded the undertaking given by the Union of India for “setting up of regional benches of the NCLAT and directed the Union of India to set up the same within 6 months from the date of the said order”.
Pursuant to which, the Ministry of Corporate Affairs had notified to constitute a permanent bench of the NCLAT for the Southern Region in Tamil Nadu.
Currently, the NCLAT, Chennai Bench is operational and comprises Mr. Justice Sharad Kumar Sharma (Judicial Member) and Mr. Jatindranath Swain (Technical Member). While infrastructure for two benches exists at the Chennai premises, the second bench has not yet been made functional, likely due to earlier vacancies in the Tribunal. However, with all sanctioned posts now filled, the Tribunal is in a position to function at full strength.
The request for operationalizing the second bench is supported by the following key points:
1. High Pendency of Matters: A significant backlog exists before the NCLAT, Chennai. Despite the best efforts of the current bench, the volume of matters continues to grow, making a second bench essential for timely disposal of appeals.
2. Jurisdiction over Five Southern States: The Chennai Bench has jurisdiction over Tamil Nadu, Kerala, Karnataka, Andhra Pradesh, Telangana, and Puducherry. This wide regional coverage necessitates adequate judicial capacity to handle the increasing caseload.
3. Investment in Infrastructure: A second courtroom and related infrastructure have already been established using public funds but remain unused due to lack of appointments. This underutilization of public resources should be addressed promptly.
In light of these compelling factors, the Association has respectfully requested the Chairperson to take necessary steps to constitute the second bench at Chennai without further delay. It also emphasizes the need for adequate budgetary support to ensure appointment of requisite court staff to facilitate smooth functioning.