Jurisdiction of NCLT - Constitution of its Benches - Competency ...

Supreme Court Affirms NCLT Jurisdiction on Insolvency Application; Single Judicial Member's Authority Validated.

May 3, 2024

Case Laws Insolvency and Bankruptcy SC

Jurisdiction of NCLT - Constitution of its Benches - Competency of Member of the Tribunal to function as a Bench - The Court interprets Section 419(3) of the Companies Act, 2013, and concludes that the proviso allows a single Judicial Member to exercise the powers of the Tribunal if authorized by the President. In this case, the President did authorize a Special Bench comprising of a single Member (Judicial) for specific dates, including the date of the judgment. - The Supreme Court finds that the NCLT did have jurisdiction to admit the application under Section 9 IBC 2016. - Therefore, the appeal was allowed, and the CIRP proceedings were directed to continue as per the Code.

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Jurisdiction of NCLT - Constitution of its Benches - Competency ...

Supreme Court Affirms NCLT Jurisdiction on Insolvency Application; Single Judicial Member's Authority Validated.

May 3, 2024

Case Laws Insolvency and Bankruptcy SC

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