# In the matter of CA V. Venkata Siva Kumar Vs. Union of India & Ors. W.P.No. 14357 of 2021

> HC judgment dated 2021-11-30. Citation: TCN-2021-HC-00007. The petition was filed seeking a direction to make the two Benches of the NCLT in Chennai fully…

- **Court:** HC
- **Order date:** 30 Nov 2021
- **Citation:** TCN-2021-HC-00007
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/ca-v-venkata-siva-kumar-vs-union-of-india-ors-wpno-14357-of-2021-65734b09

## Summary

### Background

The petition was filed seeking a direction to make the two Benches of the NCLT in Chennai fully operational and to consider establishing a third Bench due to the high volume of pending cases. It was submitted that the two Benches in Chennai were not fully operational due to the absence of member nominations. A technical member was nominated to serve both in Chennai and Cochin, working half-day in each location, despite the significant caseload.

## Facts

A petition was filed to make the two NCLT benches in Chennai fully operational and to consider a third bench due to the high volume of cases. The two benches in Chennai are not fully operational due to the absence of member nominations. One technical member was nominated to discharge duties at both the Chennai and Cochin benches, working half a day at each location. The respondents' counsel stated that both benches in Chennai are fully operational with the appointment of the required number of members. The court directed the respondents' counsel to investigate whether one technical member is discharging duties at both the Chennai and Cochin benches.

## Issues and analysis

### Issue 1: Whether the two NCLT Benches in …

**Ratio:** The efficient functioning of tribunals

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**Reasoning:** The court is concerned about the operational status of the NCLT Benches in Chennai and

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**Interpretation:** The court is interpreting the requirement for NCLT benches to be fully

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**Application:** The court is applying the principle of efficient tribunal functioning to the

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## Parties

- **Judges:** The Hon'ble…; P.D.Audikesavalu,J…

## Timeline

- **2021-11-30 — Order Da…**: Order was made by the…
- **2021-12-06 — Next Hearin…**: Case listed for further…

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