Cos 419 — Benches of Tribunal

Companies Act, 2013

Statutory text

(1) There shall be constituted such number of Benches of the Tribunal, as may, by notification, be specified by the Central Government.
(2)  The  Principal  Bench  of  the  Tribunal  shall  be  at  New  Delhi  which  shall  be  presided  over  by  the President of the Tribunal.
(3) 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.

[(4) 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 (31
of 2016).]
(5) 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.

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