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.
4. The President shall, for the disposal of any case relating to rehabilitation, restructuring, reviving or winding up, of companies, constitute one or more Special Benches consisting of three or more Members, majority necessarily being of Judicial Members.
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.
Legal Commentary & Landmark Judgments: Section 419
Section 419 governs the composition, territorial jurisdiction, and constitution of Benches of the National Company Law Tribunal, establishing the statutory primacy of Division Benches composed of Judicial and Technical Members.
Object at the threshold to any order passed by a single Technical Member adjudicating contentious oppression and mismanagement petitions or Section 7 IBC admission applications, as Section 419(3) mandates a two-member Division Bench comprising a Judicial Member.