Section 409 of the Companies Act, 2013
📘 Section 409 of the Companies Act, 2013
Title: Benches of Tribunal
✅ Summary:
Section 409 deals with the constitution of Benches of the National Company Law Tribunal (NCLT).
🧾 Key Provisions of Section 409:
Constitution of Benches:
The President of the NCLT has the power to constitute Benches for exercising powers of the Tribunal.
Composition of Bench:
Each Bench shall consist of two Members:
One Judicial Member
One Technical Member
Location of Benches:
The Central Government may notify the places where the Benches shall be located.
Benches are set up across various parts of the country to provide regional access to justice.
Single Member Benches (if empowered):
In certain cases, the President may authorize a Single Member Bench (either Judicial or Technical) to handle specific matters, as prescribed.
Special Benches:
The President may constitute Special Benches for specific cases or classes of cases.
🧑⚖️ Objective of Section 409:
To provide administrative clarity and flexibility in the functioning of the NCLT by:
Decentralizing judicial work,
Speeding up case resolution, and
Ensuring proper jurisdiction-based division.
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