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ICSI Seeks Priority NCLT Hearings Under Companies Act and IBC

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Summary: The Institute of Company Secretaries of India (ICSI), in its letter dated 5 November 2026 to Ms. Richa Kukreja, DGCoA, Ministry of Corporate Affairs, sought faster listing, hearing and disposal of pending matters across National Company Law Tribunal (NCLT) Benches. The representation follows ICSI’s letter dated 30 March 2026 and concerns proceedings under Sections 230–232 and Section 252 of the Companies Act, 2013, and Section 59 of the Insolvency and Bankruptcy Code, 2016. ICSI cited stakeholder concerns that matters were sometimes not taken up within the scheduled time on the hearing date and that substantive hearings were frequently deferred, in some instances for more than a year. It said delays could prolong uncertainty over ownership rights, disrupt management and business operations, and weaken stakeholder confidence in proceedings that affect corporate restructuring and governance.

ICSI proposed that the NCLT dedicate at least two days each week to priority hearings, place these matters at the top of the Board on those days, and issue administrative directions to ensure uniform implementation across Benches. It linked faster disposal to corporate stability, investor protection and the ease of doing business. ICSI also offered to provide further information or clarification if required.

THE INSTITUTE OF COMPANY SECRETARIES OF INDIA

IN PURSUIT OF PROFESSIONAL EXCELLENCE
Statutory body under an Act of Parliament
(Under the jurisdiction of Ministry of Corporate Affairs)

CS Pawan G. Chandak
PRESIDENT

ICSI: G&CL: MCA: NOV:01/2026

November 05, 2026

Ms. Richa Kukreja
DGCoA
Ministry of Corporate Affairs
Government of India
New Delhi

Respected Madam,

Subject: Request for prioritised listing of matters under Section 230-232 and Section 252 of the Companies Act, 2013 and Section 59 under the Insolvency and Bankruptcy Code, 2016 at various Benches of Hon’ble National Company Law Tribunal

Greetings from the Institute of Company Secretaries of India!

This is in reference to ICSI letter No. G&CL: MCA: MAR:07/2026 dated 30th March 2026.
(Copy enclosed)

At the outset we express our gratitude to the Ministry for having a sensitised approach towards the issues faced by the stakeholders.

In this regard, we would like to draw your kind attention to the considerable pendency of matters under Sections 230-232 and 252 of the Companies Act, 2013, and Section 59 of the Insolvency and Bankruptcy Code, 2016 before various Benches of the Hon’ble National Company Law Tribunal (NCLT).

Various stakeholders’ requests to bring to your kind attention that despite the critical nature of these matters, they are often not being accorded the priority and urgency they warrant and, in several cases, it has been observed that such matters aren’t effectively taken up within the scheduled time on the date of hearing, and substantive hearings are frequently deferred for prolonged periods, in some instances extending beyond a year.

Given that these proceedings have a direct bearing on ownership rights, corporate restructuring, corporate governance, stakeholder interests, and the continuity of business operations, undue delays in their adjudication can result in prolonged uncertainty, disruption in management processes, erosion of stakeholder confidence, and avoidable legal and commercial challenges.

Considering the far-reaching implications of these matters on corporate stability, investor protection, and the ease of doing business, there is an urgent need to ensure their expeditious listing, hearing, and disposal across all Benches of the Hon’ble NCLT. Appropriate administrative measures to facilitate timely adjudication of such matters would significantly contribute to enhancing the efficiency and effectiveness of the corporate dispute resolution framework.

In this regard, it is humbly proposed that the Hon’ble Tribunal may consider the following measures:

  • Designating at least two days each week for prioritised hearing of matters relating to Section 230-232 and Section 252 of the Companies Act, 2013, as well as Section 59 of the Insolvency and Bankruptcy Code, 2016;
  • Listing such matters at the top of the Board on the designated days to facilitate effective and time-bound hearings; and
  • Issuing appropriate administrative directions to all Benches to ensure consistency and uniformity in implementation.

It is submitted that the adoption of the above measures would considerably improve the efficiency of adjudication in critical corporate matters and further strengthen the ease of doing business in India.

We shall be pleased to provide any further information or clarification as may be required.

Thanking you,

Yours faithfully,

(CS Pawan G Chandak)
President

The Institute of Company Secretaries of India

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