Supreme Court Highlights Serious Delays in Corporate Insolvency Resolutions
SC flags 'grim' delays in NCLT clearing insolvency resolution plans
Business Standard
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The Supreme Court of India has raised alarms over significant delays in the National Company Law Tribunal (NCLT) regarding corporate insolvency resolution plans, with 383 applications pending for up to 738 days. The Court emphasized the need for urgent action to uphold the objectives of the Insolvency and Bankruptcy Code (IBC).
- 01The Supreme Court initiated proceedings due to severe delays in NCLT's resolution of insolvency plans.
- 02383 applications are pending, with delays ranging from 48 to 738 days.
- 03The Court noted inadequate infrastructure and frequent changes in Bench composition as contributing factors.
- 04An acute shortage of tribunal members is hindering timely case disposal.
- 05The Court has tasked amici curiae with compiling relevant data for further review.
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The Supreme Court of India has taken suo motu cognizance of alarming delays in the National Company Law Tribunal (NCLT) in clearing corporate insolvency resolution plans, stating the situation is 'extremely grim and dismal.' Currently, 383 applications are pending, with delays ranging from 48 days to as much as 738 days, some cases lingering for nearly four years. The Court highlighted that these delays contradict the objectives of the Insolvency and Bankruptcy Code (IBC), which aims for swift resolution of distressed assets. Factors contributing to the backlog include inadequate infrastructure, frequent changes in Bench composition leading to half-day sittings, and a rise in objections from stakeholders. The Court also pointed out the tribunal's severe shortage of members, noting that out of a sanctioned strength of 63, only 28 judicial members and 26 technical members are currently available. Concerns regarding administrative appointments and delays in salary payments for tribunal staff were also raised. Senior advocates have been appointed to compile relevant data to assist the Court in addressing these issues.
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Delays in insolvency resolutions can prolong financial distress for companies, affecting employees, creditors, and the overall economy.
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