Section 418A of Companies Act 2013 - Benches of Appellate Tribunal
Section 418A of the Companies Act, 2013 governs how the powers of the National Company Law Appellate Tribunal, commonly known as NCLAT, are exercised through its Benches. The provision also deals with the composition and ordinary place of sitting of those Benches.
What does Section 418A provide?
The section authorises the Chairperson to constitute Benches through which the powers of the Appellate Tribunal are exercised. Every such Bench must have at least one Judicial Member and one Technical Member.
It further provides that the Benches ordinarily sit at New Delhi, while permitting the Central Government, in consultation with the Chairperson, to notify other places. The Central Government may also establish the number of Benches it considers necessary for specified appeals under the Competition Act, 2002 and the Insolvency and Bankruptcy Code, 2016.
Text of Section 418A - Benches of Appellate Tribunal
(1) The powers of the Appellate Tribunal may be exercised by the Benches thereof to be constituted by the Chairperson:
Provided that a Bench of the Appellate Tribunal shall have at least one Judicial Member and one Technical Member.
(2) The Benches of the Appellate Tribunal shall ordinarily sit at New Delhi or such other places as the Central Government may, in consultation with the Chairperson, notify:
Provided that the Central Government may, by notification, after consultation with the Chairperson, establish such number of Benches of the Appellate Tribunal, as it may consider necessary, to hear appeals against any direction, decision or order referred to in section 53A of the Competition Act, 2002 (12 of 2003) and under section 61 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016).
Meaning and legal effect
Constitution of NCLAT Benches
The power of the Appellate Tribunal is institutionally exercised through Benches constituted by the Chairperson. Section 418A therefore provides the statutory framework for the Bench structure of NCLAT.
Minimum Bench composition
The proviso to sub-section (1) requires at least one Judicial Member and one Technical Member on a Bench. This combines judicial expertise with technical or specialised expertise in matters falling within NCLAT jurisdiction.
Place of sitting
Under sub-section (2), New Delhi is the ordinary place of sitting, but the Central Government may notify other places after consultation with the Chairperson. The official NCLAT website currently identifies a Principal Bench at New Delhi and a Chennai Bench.
Competition Act appeals
Section 53A of the Competition Act, 2002 concerns NCLAT acting as the Appellate Tribunal for specified directions, decisions and orders of the Competition Commission of India and for the statutory appellate functions assigned under that Act.
IBC appeals
Section 61 of the Insolvency and Bankruptcy Code, 2016 provides for appeals to NCLAT from orders of the Adjudicating Authority under the relevant Part of the Code, subject to the statutory grounds and limitation provisions applicable to such appeals.
Related provisions
Section 418A should be read with Section 410 on constitution of the Appellate Tribunal, the provisions concerning qualifications and service conditions of its members, and Sections 419 and 420 concerning Benches and orders of the Tribunal.
Legislative history
Section 418A was inserted by section 59 of the Companies (Amendment) Act, 2020 and came into force on 22 January 2021.
Updated: 17 September 2026