Case Law Details
National Company Law Tribunal And Appellate Tribunal Bar Association Vs Ministry of Corporate Affairs (Supreme Court of India)
As the Government has already initiated the process of reappointment of the Members of the NCLT and NCLAT by writing to the Hon’ble Chief Justice, we trust and hope that the reappointment process should be completed expeditiously, as there is no necessity of issuance of any advertisement for participation of other eligible candidates.
Reappointment of members can be considered separately without waiting for the process of fresh appointments to commence. As the strength of the members of the NCLT and NCLAT is depleting which would be detrimental to the smooth functioning of the Tribunals, we direct the Government to complete the process at the earliest and not later than two months.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
The National Company Law Tribunal and Appellate Tribunal Bar Association has filed this Writ Petition seeking a direction to the respondent to fill up the vacancies of Chairman, NCLAT and President of NCLT without any further delay. A further direction was sought to issue letters of appointment to the candidates pursuant to the Selection procedure initiated in 2019 and to fill up the remaining vacancies of Members of NCLT and NCLAT. The petitioner has also sought a direction to extend the term of six Members of the NCLT and NCLAT for a further period of five years as they are completing the tenure by June, 2021.
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