Benches of Tribunal
Section 419 of the Companies Act, 2013 deals with benches of Tribunal. There shall be constituted such number of Benches of the Tribunal, as may, by notification, be specified by the Central Government. The Act came into force on 01 Apr 2014.
(1) There shall be constituted such number of Benches of the Tribunal, as may, by notification, be specified by the Central Government.
(2) The Principal Bench of the Tribunal shall be at New Delhi which shall be presided over by the President of the Tribunal.
(3) The powers of the Tribunal shall be exercisable by Benches consisting of two Members out of whom one shall be a Judicial Member and the other shall be a Technical Member:
Provided that it shall be competent for the Members of the Tribunal authorised in this behalf to function as a Bench consisting of a single Judicial Member and exercise the powers of the Tribunal in respect of such class of cases or such matters pertaining to such class of cases, as the President may, by general or special order, specify:
Provided further that if at any stage of the hearing of any such case or matter, it appears to the Member that the case or matter is of such a nature that it ought to be heard by a Bench consisting of two Members, the case or matter may be transferred by the President, or, as the case may be, referred to him for transfer, to such Bench as the President may deem fit.
1[(4) The Central Government shall, by notification, establish such number of benches of the Tribunal, as it may consider necessary, to exercise the jurisdiction, powers and authority of the Adjudicating Authority conferred on such Tribunal by or under Part II of the Insolvency and Bankruptcy Code, 2016 (31 of 2016).]
(5) If the Members of a Bench differ in opinion on any point or points, it shall be decided according to the majority, if there is a majority, but if the Members are equally divided, they shall state the point or points on which they differ, and the case shall be referred by the President for hearing on such point or points by one or more of the other Members of the Tribunal and such point or points shall be decided according to the opinion of the majority of Members who have heard the case, including those who first heard it.
Section 419, The Companies Act, 2013 (Act 18 of 2013).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Company Law Tribunal Bar Association Chandigarh vs Union of India
Court's Decision & Legal Precedent
When a government notification allocating territorial jurisdiction of a tribunal is challenged on grounds of unreasonableness and practical hardship, and the government subsequently agrees to modify the notification to address the concerns raised, the High Court may dispose of the writ petition by accepting the modified notification as satisfying the relief sought by the petitioner. The court's role in such cases is to ensure that administrative actions are reasonable and consider the practical accessibility and convenience of litigants and legal professionals.
On this section: The Central Government's power to constitute National Company Law Tribunal benches and determine their territorial jurisdiction. The court examined whether the government's exercise of this power was reasonable and whether it could be modified through judicial intervention.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… the "Act" as meaning the Companies Act, 1956. ground of inability to pay its debts pending before a High Court, and, where the petition has not been served on the respondent under rule 26 of the Companies (Court) Rules, 1959 shall be transferred to the Bench of the Tribunal established under subsection (4) of Section 419 of the Companies Act, 2013 exercising territorial jurisdiction to be dealt with in accordance with Part ll of the Code: Provided that the petitioner shall submit all information, other than information forming part of the records transferred in accordance with rule 7, required for admission of the petition under …
-
… the "Act" as meaning the Companies Act, 1956. ground of inability to pay its debts pending before a High Court, and, where the petition has not been served on the respondent under rule 26 of the Companies (Court) Rules, 1959 shall be transferred to the Bench of the Tribunal established under subsection (4) of Section 419 of the Companies Act, 2013 exercising territorial jurisdiction to be dealt with in accordance with Part ll of the Code: Provided that the petitioner shall submit all information, other than information forming part of the records transferred in accordance with rule 7, required for admission of the petition under …
-
… the "Act" as meaning the Companies Act, 1956. ground of inability to pay its debts pending before a High Court, and, where the petition has not been served on the respondent under rule 26 of the Companies (Court) Rules, 1959 shall be transferred to the Bench of the Tribunal established under subsection (4) of Section 419 of the Companies Act, 2013 exercising territorial jurisdiction to be dealt with in accordance with Part ll of the Code: Provided that the petitioner shall submit all information, other than information forming part of the records transferred in accordance with rule 7, required for admission of the petition under …
Made under this section, and citing it
1 instrument states that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Another 4 instruments name this provision in its title or its text without being made under it.
- In exercise of powers conferred by sub-section (4) of section 419 of the Companies Act, 2013(18 of 2013)Notification 2016
- Companies(Transfer of Pending Proceedings) Second Amendment Rules, 2017Rule 2017
- Companies (Transfer of Pending Proceedings) Rules 2016Rule 2016
- National Company Law Tribunal Rules, 2016Rule 2016
Questions about Section 419
What have the courts held on Section 419 of the Companies Act?
Company Law Tribunal Bar Association Chandigarh vs Union of India (14 Feb 2017) is the leading judgment on this section among those set out below: The Central Government's power to constitute National Company Law Tribunal benches and determine their territorial jurisdiction. The court examined whether the government's exercise of this power was reasonable and whether it could be modified through judicial intervention.
How do I find court cases under Section 419 of the Companies Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Companies Act 419, section 419 Companies Act, section 419 of the Companies Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Company Law Tribunal Bar Association Chandigarh vs Union of India (14 Feb 2017).
What should I read with Section 419 of the Companies Act, and has it changed?
The rules and notifications made under it are where it actually bites, and there is one: most recently Special Court notification (2018).
When did Section 419 of the Companies Act come into force?
Section 419 of the Companies Act, cited as Companies Act 419, came into force on 01 Apr 2014, having been enacted on 29 Aug 2013. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions5089 words
- 143. Powers and duties of auditors and auditing standards1867 words
- 230. Power to compromise or make arrangements with creditors and members1432 words
- 232. Merger and amalgamation of companies1416 words
- 149. Company to have Board of Directors1403 words
- 217. Procedure, powers, etc., of inspectors1390 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.