TMI Blog2021 (1) TMI 934X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. In regard to constitution of special Bench for NCLT, Kochi the Hon'ble President has issued the order under Section 419(3) of the Companies Act, 2013 authorising the Judicial Member to function as such. It may also be mentioned that by the aforesaid order, no direction is issued that the Special Bench of Member (Judicial) is not empowered to take up cases under the I.B. Code, 2016. The contentions raised by the applicant herein that a Single Member Bench cannot hear the IBC matters has no foots to stand and is liable to be dismissed - Application dismissed. - I.A.No.159/KOB/2020, IBA/31/KOB/2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be a judicial Member and the other shall be a Technical Member. 4. The word shall has been given in the section, to say that it is mandatory, but the court may ascertain the real intention by analysing the object of the enactment. The object of Section 419(3) is to bring forth a range of skills in the adjudication of intricate corporate insolvency proceedings. Since the Tribunal is intended to serve the complex area of insolvency, revival and restructuring of the company, which requires specialised knowledge and expertise, it is of crucial importance that the decision is made jointly by a panel of at least two members who pool legal and relevant expert knowledge respectively. Learned counsel for applicant has referred to the de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Code to pass orders as may be necessary for meeting the ends of justice. He has raised the following issues: (a) Whether the appointment of a Technical Member in constitution of Bench is obligated under the Companies Act, 2013; (b) Whether the word shall employed in section 419(3) of the Companies Act, 2013 mandatory in nature; and (c) Whether the adjudication and decision making of the Tribunal in intricate corporate insolvency proceedings be effective with the Bench comprising of a Member (Judicial) and a Member (Technical). 5. I have heard the arguments advanced by the learned counsel for the applicant/corporate debtor and have gone through the decisions referred to hereinabove. The order in the case of Indison Agro Foods L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udicial Member and a Technical Member. That appeal was disposed of requesting the President of NCLT, New Delhi to constitute a Bench comprising of Judicial and Technical Members. That order pertains to the case before the Hon'ble NCLAT and it relates to the particular case and is not a general order applicable to all cases pending before the NCLT Benches. The circumstances therein were different. 6. As far as the decision in Writ Petition (C) No. 722/2019 with SLP (C) No. 13402/2019(III) is concerned, when there was no Technical Member, the matter was heard by a Single Member Bench. However, when the Ministry of Corporate Affairs stated before the Hon'ble Apex Court, they have issued orders appointing a Technical Member in the Ah ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... providing for constitution of National Company Law Tribunal (`NCLT' or `Tribunal') and National Company Law Appellate Tribunal (`NCLAT' or `Appellate Tribunal'). In those cases, even though the constitution of the Bench has been referred to as Judicial and Technical, the issue raised by the applicant herein that Judicial Member alone cannot hear the case is not mentioned anywhere in the judgment. The facts and circumstances of the instant case is not similar to the facts and circumstances of the cases cited by the learned counsel for the applicant. 8. In this connection, it may also be pointed out here that on the transfer of the then Technical Member to Hyderabad Bench of NCLT, the Hon'ble National Company Law Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... NCLT, Principal Bench, which has been issued with the approval of Hon'ble President, makes it clear that even though the Bench of NCLT consists of two members, it shall be competent for the Members of the Tribunal authorised in this behalf to function as a Bench, by 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. In regard to constitution of special Bench for NCLT, Kochi the Hon'ble President has issued the order under Section 419(3) of the Companies Act, 2013 authorising the Judicial Member to function as such. It may also be mentioned that by the aforesaid order, no directi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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