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SC to examine NCLT’s power to transfer cases outside state
Millennium Post Delhi
|Delhi 06 January 2026
The Supreme Court on Monday agreed to examine the Gujarat High Court judgement which ruled that the National Company Law Tribunal cannot transfer a pending petition to another NCLT bench outside the state.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi agreed to examine the scope of the NCLT President's power to transfer cases across NCLT benches in different states.
The controversy stems from Rule 16(d) of the NCLT Rules, 2016, which allows the NCLT President to “transfer any case from one Bench to another Bench when the circumstances warrant” The Gujarat High Court, in its recent order, held that this power is strictly intrastate.
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