Section 419:
Benches of Tribunal.
(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.
Notes:
1. Subs. by Act 31 of 2016, s. 255 and the Eleventh Schedule, for sub-section (4) (w.e.f. 15-11-2016).