National Company Law Tribunal (NCLT) and Appellate Tribunal (NCLAT) Bar Association Through Its Secretary Vs. Ministry of Corporate Affairs & Ors. – SC
May 31, 2021
The National Company Law Tribunal and Appellate Tribunal Bar Association has filed Writ Petition seeking a direction to MCA to fill up the vacancies of Chairman, NCLAT and President of NCLT. Hon’ble Supreme Court observed that as the Government has already initiated the process of reappointment 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.