Supreme Court Highlights NCLT Delays in Insolvency Proceedings
Supreme Court flags NCLT delays
The Economic TimesImage: The Economic Times
The Supreme Court of India has expressed serious concerns over significant delays at the National Company Law Tribunal (NCLT) in approving insolvency resolution plans. With 383 applications pending for up to four years, the court has taken suo motu cognizance, emphasizing the need for urgent reforms to uphold the purpose of the Insolvency and Bankruptcy Code (IBC) enacted in 2016.
- 01The Supreme Court identified 383 pending applications for resolution plans at the NCLT.
- 02Delays in approvals range from 48 days to 738 days, with some cases pending for nearly four years.
- 03Key issues include inadequate infrastructure and a shortage of tribunal members.
- 04The court has called for immediate action to address these delays to ensure the effectiveness of the IBC.
- 05The Supreme Court has requested nationwide data on pending approvals and reasons for delays from the NCLT.
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The Supreme Court of India has raised alarms about the significant delays in the National Company Law Tribunal (NCLT) regarding the approval of insolvency resolution plans. The court noted that 383 applications are currently pending, with delays ranging from 48 days to 738 days, and some cases extending nearly four years. Justices J B Pardiwala and K V Viswanathan emphasized that the situation is grim and requires urgent attention to prevent undermining the objectives of the Insolvency and Bankruptcy Code (IBC), enacted in 2016. The court highlighted issues such as inadequate infrastructure, half-day sittings due to changing bench compositions, and a high volume of objections from stakeholders as contributing factors to the delays. Furthermore, there is a severe shortage of tribunal members, with only 28 judicial members and 26 technical members currently serving against a sanctioned strength of 63. The Supreme Court has directed the Insolvency and Bankruptcy Board of India (IBBI) and the NCLT principal bench in New Delhi to provide comprehensive data on pending applications and the reasons for these delays, particularly in light of a case involving AVJ Developers (India), which has seen its resolution plan approval pending for nearly two years.
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The delays in the NCLT could significantly affect companies undergoing insolvency proceedings, prolonging their financial distress and impacting stakeholders involved.
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