Supreme Court Seeks Centre's Report On NCLT Benches' Infrastructure Facilities
The Supreme Court on Monday called for a status report from the Centre on the infrastructural facilities available to the National Company Law Tribunal (NCLT) benches.
The Court also directed the Union Government to identify the basic amenities urgently required by the National Company Law Tribunal (NCLT) after discussing with the NCLT President.
Hearing an application filed by the NCLT Principal Bench Bar Association, the bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana passed the following order :
"We have impressed upon the NCLT Principal Bench Bar Association to collect data with respect to the infrastructural facilities in all the regional NCLT benches also and put it in a collated form. Union is directed to file a status report with respect to the basic amenities that have been provided to the Principal Bench and Regional benches of NCLT. Union is directed to identify amenities urgently required, in consultation with the President of NCLT."
Senior Advocate Sanjiv Sen, appearing for the NCLT Principal Bench Bar Association, highlighted the infrastructural and staffing constraints faced by the tribunal.
Sen flagged the impending retirement of NCLT members and submitted that 18 more vacancies were likely to arise due to retirements.
He urged the Court to consider directing members who are due to retire to continue for some time until their vacancies are filled, referring to the course adopted in proceedings concerning the Revenue Bar Association.
Sen also highlighted the shortage of staff at the NCLT.
CJI Surya Kant emphasised that adequate basic infrastructure was essential for the NCLT to discharge its functions, particularly given the volume and financial significance of matters coming before it.
"How will the institution function unless you provide the basic amenities? We don't have buildings, we don't have staff, we don't have judgment writers... Thousands of crores of rupees issues are today arriving," the Chief Justice observed.
The Bench accordingly asked the Union Government to identify the facilities that were urgently required and coordinate with the NCLT President to ensure their provision within two weeks.
Sen clarified that the issue was not adversarial litigation and said that the Bar Association intended to assist the Court in its capacity as an officer of the Court.
Sen submitted that efficient functioning of the tribunals was important for the government's ease-of-doing-business objectives and the functioning of nationalised banks and infrastructure projects.
Case : IN RE: APPOINTMENT OF JUDICIAL AND TECHNICAL MEMBERS AND INADEQUATE INFRASTRUCTURE IN NATIONAL COMPANY LAW TRIBUNAL (NCLT) AND ANCILLARY ISSUES | SMW(C) No. 16/2026