NCLT benches sharing courtrooms, hearing cases in half-day sittings, Bar Association tells Supreme Court

FOUR NATIONAL Company Law Tribunal (NCLT) benches in Delhi share two courtrooms and hear cases for half a day each, in morning and afternoon shifts, the NCLT Bar Association told the Supreme Court while stating the tribunal’s infrastructure in the Capital is “dilapidated”.

On October 7, the NCLT Registrar issued the “half-day” schedule notice stating that “the sittings of the NCLT Principal Bench and NCLT New Delhi Bench shall be held as per the following revised schedule w.e.f. 08.10.2026”. Currently, the Principal Bench sits in Room 621 in the forenoon, and Court 4 uses the same room in the afternoon. Courts 2 and 3 divide Room 724 the same way. The tribunal is situated in Block 3 of the CGO Complex on Lodhi Road.

Across the country, the affidavit filed on October 27 states: “Out of 31 courts, only 13 courts are functioning on a full-day basis, while 18 courts are functioning on a half-day basis.” The affidavit was filed in the suo motu writ petition “In Re: Appointment of Judicial and Technical Members and Inadequate Infrastructure in National Company Law Tribunal (NCLT) and Ancillary Issues”.

Crumbling roof

The affidavit states that the Delhi benches are situated in “an old and dilapidated building”. An inspection report by the CSIR-Central Building Research Institute (CBRI), Roorkee, in September recorded that the roof slab of the eighth floor “was observed to be excessively deteriorated, while it was exposed”.

“Severe cracks, bulging, spalling and corrosion in the structural members’ reinforcement, including roof slabs, beams & columns, were observed. The reinforcement in columns and beams was found corroded by more than 30%,” the report stated.

The report also recorded that “reinforcement was completely lost at multiple locations on the terrace-level slab” and recommended “the reconstruction of the terrace slab along with brick bat coba waterproofing system, including strengthening of beams and columns”.

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In a letter dated October 1, the Executive Engineer of the Central Public Works Department’s (CPWD) ‘U’ Division also informed the tribunal that the work would carry “a possibility of falling of loose concrete from the roof of lower floors, particularly the 7th floor”. The letter stated that the “continuation of regular activities on the 7th floor during execution of work may pose safety risks to the occupants”. Subsequently, the seventh floor was vacated and handed over to CPWD, rendering two more courtrooms unavailable.

An alternate courtroom was made available on Block 12, which the affidavit states is under the control of the Staff Selection Commission. It is learnt that the SSC has written to the NCLT asking it to vacate the floor at the earliest. The Bar affidavit also stated that the NCLT has only temporary use of the first floor where its Registry is located and does not control access to the building.

“Land should be identified and a purpose-built NCLT building constructed. NCLT & NCLAT in New Delhi ideally should be in one building only and in proximity of Delhi High Court and this Hon’ble Court,” the Bar told the SC. Two suggestions for land were put before the SC — the DTC bus depot adjacent to the CGO Complex and an area in Sewa Nagar.

Other benches

The NCLT has 15 benches across the country, including its Principal Bench in Delhi. The affidavit states that the Mumbai Bench operates from the old MTNL building at Cuffe Parade on lease. It describes the premises as “inadequate” and states that they have been “affected by structural and other infrastructural issues and, in particular, inadequacy of lift facility”. The SC was informed that the Ministry of Corporate Affairs has “initiated discussions for acquisition of leasehold land from the Mumbai Port Authority”.

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According to the affidavit, the Mumbai Bench has five vacancies: two judicial members and three technical members. In October, the Mumbai Bench temporarily suspended the functioning of one court and redistributed its work to the remaining five courts to address vacancies.

According to the affidavit, the Jaipur and Cuttack benches also have “inadequate space”, and the request for additional floors is “pending with the ministry”, and the Allahabad, Amravati, Guwahati and Indore benches function from rented premises “which were not designed as a court building”.

The NCLT overall has a sanctioned strength of 63, comprising a president, 31 judicial members and 31 technical members.

Members and staff

The affidavit also lists 16 vacancies among members, including six judicial and 10 technical posts. It states that “unless new appointments are made expeditiously, the vacancies will rise to 18”. It also states that vacancies notified in 2024 have also not been filled.

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On staff, it states that 67 of 320 sanctioned regular posts are filled. It adds that “678 contractual personnel are in position as against only 67 regular employees”.

The affidavit states that the absence of permanent registry staff “obstructs proceedings, delays uploading of orders, and paralyses case management and record-keeping”.

According to a reply by the Ministry of Corporate Affairs in the Lok Sabha on August 10, 14,813 cases were pending before the NCLT as on March 31, 2026, against 14,961 a year earlier. The NCLT disposed of 8,651 cases in 2025-26, while 8,419 fresh cases were filed. Of 1,885 ongoing insolvency resolution processes, 1,367 had exceeded the 330-day limit under the Insolvency and Bankruptcy Code, the reply said.