18 NCLT Benches holding half-day sittings due to member shortage: Bar Association to Supreme Court

The NCLT Bar Association has moved the Supreme Court claiming that at least 18 benches of the National Company Law Tribunal (NCLT) are holding only half-day sittings because of shortage of members.

The Association has filed an intervention application in the Supreme Court's suo motu case concerning the appointment of judicial and technical members and inadequate infrastructure at the NCLT.

According to the application, the sanctioned strength of the NCLT continues to be 63 members even though its jurisdiction substantially expanded after the enactment of the Insolvency and Bankruptcy Code (IBC). As of June 30, 2026, the tribunal has 26 judicial members and 25 technical members, including the President, the plea stated

The Association said that vacancies arising upon the retirement or completion of tenure of members often remain unfilled, leaving several benches operating at reduced capacity.

“The Tribunal is plagued by chronic vacancies, forcing numerous Benches to function with fewer Members.”

The plea added that such vacancies were contributing to delays and mounting case arrears. It therefore sought appointment of successor members before incumbents demit office.

The application further stated that a roster effective from August 24 showed that at least 18 NCLT benches are holding only half-day sittings because of retirement and shortage of members.

The Bar Association also raised serious concerns about the physical infrastructure available to the NCLT in Delhi.

It said roof leakage on the eighth floor of Block 3 at the CGO Complex had rendered courtrooms unsafe in September 2025. This left no courtroom available for benches V and VI and resulted in half-day sittings. The Association also complained of small courtrooms and the absence of adequate waiting areas and facilities for lawyers and litigants.

The plea noted that despite earlier Delhi High Court orders concerning alternate premises and improved facilities, a permanent solution had not emerged.

Renovation work that commenced at Block 3 in January 2025 was allegedly halted in April that year and remains stalled despite correspondence from the NCLT to the Ministry of Corporate Affairs (MCA)

Another concern raised was the absence of permanent support staff.

The Association said that although the Supreme Court had earlier contemplated 246 supporting staff posts for the NCLT and NCLAT, not one of those posts have been permanently established. Court masters, bench officers and other personnel were largely working on temporary or contractual arrangements, it claimed.

It further complained of frequent outages of the Document Management System (DMS), stating that hearings had on several occasions been adjourned because benches and lawyers could not access electronic case records.

Among other reliefs, the Association has asked the Supreme Court to direct that the NCLT's sanctioned strength be increased beyond 63, vacancies be filled in advance, eligible members be considered for reappointment and 246 permanent support staff posts be operationalised.

It has also sought completion of renovation work at the CGO Complex or allotment of alternative premises, implementation of biometric access and permanent identity cards for lawyers and approval of the proposed NCLT e-Courts 2.0 system