The Corporate Insolvency and Bankruptcy Laws Bar Association (CIBBA) has written to the Chairperson of the National Company Law Appellate Tribunal (NCLAT) to take steps to ensure that the second bench of the NCLAT at Chennai is made functional. .The Chennai bench of the NCLAT was set up relatively recently, when compared to the principal bench of the NCLAT at New Delhi. Its constitution was notified in March 2020. However, it was made functional only months later in January 2021 after petitions were filed before the Madras High Court and the Supreme Court protesting the delay in setting up this bench in Chennai. It is presently functioning with one bench, with Judicial Member Justice Sharad Kumar Sharma and Technical Member Jatindranath Swain hearing matters. .However, CIBBA has pointed out that adequate technical infrastructure is already in place at the NCLAT Chennai for a second bench. With the recent appointment of Justices N Sesha Sayee and Mohammad Faiz Alam Khan as Judicial Members of NCLAT, the appellate tribunal is presently at its full sanctioned strength of 12 members, comprising the Chairperson, Judicial Members, and Technical Members.As such, there is no impediment now to operationalise the second bench of NCLAT Chennai, CIBBA pointed out in a May 28 representation sent to NCLAT Chairperson Justice Ashok Bhushan. "It is heartening to note that all sanctioned vacancies in the NCLAT have now been duly filled, enabling the Tribunal to function at full strength. In light of this positive development, we humbly urge that necessary steps be taken to operationalize a second bench at Chennai at the earliest," the representation reads. .Speaking to Bar & Bench, President of CIBBA, Advocate R Venkatavaradan noted that a large number of cases are being filed before NCLAT Chennai. A court hall and accompanying infrastructure to accommodate a second bench are already in place to help in the faster disposal of these cases, he pointed out. "The establishment of an additional bench will go a long way in addressing the backlog, improving the speed and efficiency of justice delivery ... Significant public resources have already been expended in establishing a second courtroom and associated infrastructure at Chennai. However, despite these investments, the facilities remain unused due to the unavailability of members. This underutilization of valuable public assets should be promptly addressed," the CIBBA's representation reads in this regard. .It added that NCLAT Chennai has jurisdiction over five southern States in India - Tamil Nadu, Kerala, Karnataka, Andhra Pradesh and Telangana as well as the Union Territory of Pondicherry."This expansive regional coverage warrants adequate judicial infrastructure to meet the growing volume of appeals from these states," CIBBA said.It has, therefore, requested the NCLAT Chairperson's intervention to ensure that the second bench at NCLAT Chennai is made operational to meet the objective of timely, efficient and regionally accessible adjudication."Further, to enable proper functioning of the second bench, adequate budgetary allotment must also be made to employ additional court staff, wherever necessary," the CIBBA representation added..On being asked whether the association plans to move any petitions before courts on this issue, CIBBA President Venkatavaradan said that the matter would be discussed and a collective decision would be taken, if no steps are taken to operationalise the NCLAT Chennai's second bench. .[Read Representation]
