Amended and updated notes on section 419 of Companies Act 2013. Detail discussion on provisions and rules related to benches of Tribunal.
Chapter XXVII (Sections 407-434) of the Companies Act, 2013 (CA 2013) deals with the provisions related to National Company Law Tribunal and Appellate Tribunal i.e. NCLT and NCLAT. Section 419 of CA 2013 provides for benches of Tribunal.
Recently, we have discussed in detail section 418 (Staff of Tribunal and Appellate Tribunal) of CA 2013. Today, we learn the provisions of section 419 of the Companies Act 2013.
The provisions of section 419 are effective from 1st June, 2016. You may refer Notification No. S.O. 1934(E) dated 1-06-2016. In this article, you will learn detail of the provisions of section 419 the Companies Act 2013.
| Name of Act | The Companies Act 2013 |
|---|---|
| Enacted by | Parliament of India |
| Administered by | Ministry of Corporate Affairs (MCA) |
| Number of Chapters | 29 |
| Number of Sections | 484 (470-43+57) |
| Number of Schedules | 7 |
| You are reading: | |
| Chapter No. | XXVII |
| Chapter Name | National Company Law Tribunal and Appellate Tribunal |
| Section No. | 419 |
| Section Name | Benches of Tribunal |
| Monthly Updated Edition | Company Law PDF |
Section 419 of Companies Act 2013: Benches of Tribunal
Section 419 shall come into force on 1st June, 2016 vide Notification No. S.O. 1934(E) issued dated 01.06.2016.
Section 419(1) of Companies Act 2021
There shall be constituted such number of Benches of the Tribunal, as may, by notification, be specified by the Central Government.
[The CG has now constituted the Benches of the NCLT (National Company Law Tribunal) vide Notification No. S.O. 1935(E) dated 01-06-2016 as amended by S.O. 654(E) dated 12-02-2021]
| Serial Number | Title of the Bench | Location | Territorial Jurisdiction of the Bench |
|---|---|---|---|
| (1) | (2) | (3) | (4) |
| 1. | (a) National Company Law Tribunal, Principal Bench. (b) National Company Law Tribunal, New Delhi Bench. | New Delhi | (3) Union territory of Delhi. |
| 2. | National Company Law Tribunal, Ahmedabad Bench. | Ahmedabad | (1) State of Gujarat. (3) Union territory of Dadra and Nagar Haveli and Daman and Diu. |
| 3. | National Company Law Tribunal, Allahabad Bench. | Allahabad | (1) State of Uttar Pradesh. (2) State of Uttarakhand. |
| 4. | National Company Law Tribunal, Bengaluru Bench. | Bengaluru | (1) State of Karnataka. |
| 5. | National Company Law Tribunal, Chandigarh Bench. | Chandigarh | (1) State of Himachal Pradesh. (2a) Union territory of Jammu and Kashmir. (2b) Union territory of Ladakh. (3) State of Punjab. (4) Union territory of Chandigarh. (5) State of Haryana |
| 6. | National Company Law Tribunal, Chennai Bench. | Chennai | (2) State of Tamil Nadu. (4) Union territory of Puducherry. |
| 7. | National Company Law Tribunal, Guwahati Bench. | Guwahati | (1) State of Arunachal Pradesh. (2) State of Assam. (3) State of Manipur. (4) State of Mizoram. (5) State of Meghalaya. (6) State of Nagaland. (7) State of Sikkim. (8) State of Tripura. |
| 8. | National Company Law Tribunal, Hyderabad Bench. | Hyderabad | (2) State of Telangana. |
| 9. | National Company Law Tribunal, Kolkata Bench. | Kolkata | (1) State of Bihar. (2) State of Jharkhand. (4) State of West Bengal. (5) Union territory of Andaman and Nicobar Islands. |
| 10. | National Company Law Tribunal, Mumbai Bench. | Mumbai | (2) State of Goa. (3) State of Maharashtra. |
| 11. | National Company Law Tribunal, Jaipur Bench | Jaipur | (1) State of Rajasthan |
| 12. | National Company Law Tribunal, Cuttack Bench | Cuttack | (1) State of Odisha (2) State of Chhattisgarh |
| 13 | National Company Law Tribunal, Kochi Bench | Kochi | (1) State of Kerala. (2) Union territory of Lakshadweep |
| 14 | National Company Law Tribunal, Indore Bench | Indore | (1) State of Madhya Pradesh |
| 15 | National Company Law Tribunal, Amravati Bench | Amaravati | (2) State of Andhra Pradesh |
Section 419(2) of Companies Act 2021
The Principal Bench of the Tribunal shall be at New Delhi which shall be presided over by the President of the Tribunal.
Section 419(3) of Companies Act 2021
The powers of the Tribunal shall be exercisable by Benches consisting of two Members out of whom one shall be a Judicial Member and the other shall be a Technical Member:
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:
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.
[The CG has now designated Benches of the NCLT w.e.f. 1st December, 2016 to exercise the Jurisdiction, powers and authority of the Adjudicating Authority conferred by or under Part II of the Insolvency and Bankruptcy Code, 2016 vide S.O. 3591(E), dated 30-11-2016.]
Section 419(4) of Companies Act 2021
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.
[Sub-section (4) of Section 419 substituted pursuant to section 255 of the Insolvency and Bankruptcy Code, 2016 vide Notification No. S.O. 3453(E) issued dated 15.11.2016]
Section 419(5) of Companies Act 2021
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.