NATIONAL COMPANY LAW TRIBUNAL AND APPELLATE TRIBUNAL BAR ASSOCIATION Vs. MINISTRY OF CORPORATE AFFAIRS

JUDGEMENT

(1.) 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.

(2.) When the matter was listed on 24.05.2021, Mr. Balbir Singh, learned Additional Solicitor General submitted that the process for appointment of candidates who have been selected pursuant to the procedure which was initiated in 2019 shall be expedited and orders of appointment shall be issued soon. In respect of the process to be initiated for filling up the existing vacancies, a search cum Selection Committee has to be constituted and we direct that the Selection Process shall be initiated at the earliest.

(3.) In so far as the extension of the term of the Members of the NCLT and NCLAT who are completing their tenure in June, 2021 is concerned, the learned Attorney General for India refers to Section 413 of the Company's Act 2013 according to which the President or other members of the Tribunal shall hold office for a period of 5 years and shall be entitled for reappointment for another term of 5 years. He submitted that the government has initiated the process for reappointment by requesting the Hon'ble the Chief Justice of India to constitute a committee for the purposes of the reappointment of members to the NCLT and NCLAT.