India's Supreme Court slams the government for leaving the country's bankruptcy court short-staffed

• India’s apex court has criticised the government for inadequate staffing at the National Company Law Tribunal.
  
• Chief Justice Gogoi has reportedly said that there have been delays in appointing members to the body.
  
• The remarks highlight the need to supplement the court with additional judges and resources, which will help fast-track the resolution of big-ticket cases.
  

India’s apex court has criticised the government for inadequate staffing at the main bankruptcy court, the National Company Law Tribunal, according to Bar and Bench.

Chief Justice Gogoi reportedly said that there had been delays in appointing members to the body.

CJI Gogoi says that when he headed the committee to appoint NCLT members, only 3-4 members were appointed. "How can we function like this?". Also highlights the fact that High Courts are understaffed.

— Bar & Bench (@barandbench) March 27, 2019

The remarks highlight the need to supplement the court with additional judges and resources, which will help fast-track big-ticket bankruptcy cases like that of Videocon Group and Jaypee Infratech

The under-manned nature of the NCLT, which comprises 13 benches across India, has been pointed out in the recent past.

In December, Abhishek Manu Singhvi, a senior advocate, told the Hindu, “The NCLAT is managing well despite the odds. Judicially, they need many more members, at least double more. They are also hugely under-staffed.”

The NCLT, which was established under the Insolvency and Bankruptcy Code, is tasked with facilitating the resolution of insolvency cases in a time-bound period.


However, despite helping banks recover around ₹800 billion of unpaid dues last year, a number of cases -- 238, in fact -- breached the 270-day resolution time limit last year.

Further still, in December 2018, it was reported that 816 cases were pending resolution. This is an addition to thousands more that are awaiting the commencement of hearings.


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