Supreme Court Directs Centre To File Status Report On NCLT Infrastructure, Identify Amenities Urgently Needed
The Supreme Court on Monday directed the Centre to file a status report on the basic amenities available at the Principal and regional Benches of the National Company Law Tribunal (NCLT) and identify the amenities urgently required.
The Court directed the Union of India to identify the amenities urgently required in consultation with the President of the NCLT. It also directed the NCLT Principal Bench Bar Association to collate details of the infrastructure and facilities available at the Principal and regional Benches and place the material before the Court.
A Bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana passed the directions while hearing a suo motu case concerning delays in the approval of resolution plans pending before various NCLT Benches under the Insolvency and Bankruptcy Code (IBC).
"The Union of India is directed to file a status report with respect to the basic amenities that are being provided so far to the Principal Bench as well as the regional benches of the NCLT. The Union of India is directed to identify the amenities that are urgently required and let such consultation be taken with the President of the NCLT," the court directed.
Appearing for the NCLT Principal Bench Bar Association, counsel submitted that the infrastructure was “in shambles” and highlighted four broad issues requiring urgent intervention, with the shortage of members being the most pressing.
"I appear for the NCLT Bar Association. A lot, the infrastructure is in shambles. I have highlighted four major broad issues to be addressed… at the earliest.", he said.
On the shortage of members, counsel submitted that NCLT Benches were being forced to sit “off table” and said the issue required urgent intervention.
"The first… is the shortage of members, which… needs very pressing, very urgent intervention by Your Lordships.", he submitted.
"Today, My Lords, in the Principal Bench, all Benches are forced to sit off table. All Benches, and across the country, this is the problem," he added.
Counsel further submitted that 18 more vacancies could arise over the next year due to retirements and urged the Court to consider allowing retiring members to continue until their replacements were appointed.
"There'll be 18 more vacancies. As it is, it's grappling with the caseload. There'll be 18 more vacancies."
He requested, "At least the existing members who are retiring, My Lords, may be directed to continue for at least some more time, till the vacancies are filled up."
The bench sought details regarding the facilities available at the NCLT. Counsel submitted that the infrastructure concerns were not confined to the Principal Bench but extended to NCLT Benches across the country.
The Court indicated that details regarding the number of members and the facilities available should be placed before it. The matter has been posted after two weeks for further consideration.
The Supreme Court had on April 29, 2026, taken suo motu cognizance of delays in the approval of resolution plans pending before various NCLT Benches. The Court had observed that the time-bound resolution objective under the IBC was “impossible to achieve” in the prevailing situation.
The proceedings arose from the Court's April 16, 2026 order seeking data on pending applications for approval of resolution plans, the period for which they had remained pending and the reasons for the delay.
The Court had also impleaded the Insolvency and Bankruptcy Board of India (IBBI) and appointed Senior Advocates Gopal Jain and Navin Pahwa as amici curiae.