A courtroom stands ready in Chennai—fully equipped, but strangely silent. The second bench of the National Company Law Appellate Tribunal (NCLAT), though architecturally complete and logistically prepared, remains unopened for business. Now, the Corporate Insolvency and Bankruptcy Laws Bar Association (CIBBA) wants to know: What’s the holdup?
CIBBA has sent a formal representation to NCLAT Chairperson Justice Ashok Bhushan, urging that the dormant bench be brought to life. Their case? Crystal clear: all the pieces are finally in place.
Back in March 2020, the Chennai wing of NCLAT was officially established—years after the original bench in New Delhi. But it didn’t actually begin hearing matters until January 2021, following legal nudges from both the Madras High Court and the Supreme Court. Even then, it launched with a single bench, currently manned by Judicial Member Justice Sharad Kumar Sharma and Technical Member Jatindranath Swain.
But there’s room for more—literally and institutionally. According to CIBBA, not only does Chennai’s NCLAT building already have the infrastructure and a second courtroom ready, but the appellate body is also now operating at full sanctioned strength. With Justices N Sesha Sayee and Mohammad Faiz Alam Khan recently joining the ranks, the 12-member quota has been met.
“It’s time,” the May 28 letter says in essence. “The tribunal is fully staffed. The courtroom is built. Let’s not let public resources collect dust.”
CIBBA’s president R Venkatavaradan pointed out that case filings at NCLAT Chennai have surged—no surprise, considering it handles appeals from five major states (Tamil Nadu, Kerala, Karnataka, Andhra Pradesh, Telangana) and Puducherry. That’s a sweeping jurisdiction, and one bench alone simply isn’t cutting it.
“The second courtroom is ready. Equipment is in place. But everything’s idle,” the association noted, calling it a “wasteful underutilization” that should no longer be tolerated.
CIBBA’s plea goes beyond just flipping the lights on. It also calls for additional staff and budgetary support to ensure the second bench functions smoothly from day one.
As for what happens if nothing moves? The association hasn’t ruled out knocking on the judiciary’s door—again. A decision on legal action is on the table, pending further developments.
For now, all eyes are on the NCLAT Chairperson. One bench is barely containing the weight of five states. The second one waits—silent, built, and ready.
