Can NCLAT refer split verdicts to a third member? Supreme Court to consider

Published on : 05 Nov 2025, 2:12 pm 2 min read

The Supreme Court recently said that it would examine whether the National Company Law Appellate Tribunal (NCLAT) can refer cases that result in a split verdict to a third member for decision, or whether such matters must be heard afresh by a larger coram [ R Narayananswamy v. The Registrar of Companies, Tamil Nadu ].

A Bench of Justices JB Pardiwala and KV Viswanathan sought the assistance of the Solicitor General of India to help clarify the correct procedure, observing that the issue raised a procedural gap in the NCLAT’s functioning.

The question arose in an appeal filed against the order of the Registrar of Companies (ROC), Tamil Nadu striking off a company’s name from the Register of Companies under Section 248(5) of t