NIPUN PRAVEEN SINGHVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed by way of public interest litigation with the prayers which read as under:

(2.) In view of the powers conferred under section 419 of the Companies Act, 2013 ('the Act' for short), National Company Law Tribunal issued proceedings dated 5th July, 2016 constituting Benches at various places including a Bench at Ahmedabad with two members viz. Shri Bikki Raveendra Babu, Member (Judicial) and Shri D.M. Gautam, Member (Technical). Subsequently, in exercise of powers conferred under proviso to Section 419(3) of the Act, the Hon'ble President of the National Company Law Tribunal issued another proceeding for constituting a Bench at Ahmedabad only with the Member (Judicial).

(3.) It is the case of the petitioner that having regard to nature of work in the National Company Law Tribunal, unless there is Member (Technical) included while constituting Bench, it is not possible for the Member (Judicial) alone to effectively discharge functions.