At least three petitions have been filed at the Supreme Court and the Madras High Court seeking extensions for the National Company Law Tribunal judges retiring in the next few weeks. The proposed extensions are aimed at preventing bankruptcy cases from piling up.
The National Company Law Tribunal and the Appellate Tribunal Bar Association has filed this Writ Petition (a) to direct the Respondents to fill up the vacancies of Chairman, NCLAT and President, NCLT (b) to direct the Respondents to issue appointment letters to those who have already been selected and (c) for a further direction to fill up all vacancies of Members, NCLT.
It has been averred in the Writ Petition that only 38 Members are there for a sanctioned strength of 63.
Mr A.S. Chandiok, learned Senior Counsel appearing for the Petitioner, submitted that there are six members who are retiring in the first week of June 2021. As the process for re-appointment of the Members has not commenced it is just and necessary that the tenure is extended for a short period to ensure that the work in the Tribunals does not suffer.
It was pointed out that the Appointments Committee of the Cabinet is considering the list that has been finalized by the Search-cum-Selection Committee (SCSC) and the appointments for the selections initiated in 2019 will be made soon. And, suitable steps will be taken for initiating the process of selection for appointment of Members in the remaining vacancies.
In the hearing on May 31, 2021 it was the matter was disposed of by the following- “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.”
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