National Company Law Tribunal And Appellate Tribunal Bar Association Through Its Secretary vs Ministry Of Corporate Affairs & Ors

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.

Sh. K. K. Venugopal, learned Attorney General, and Mr. Balbir Singh, learned Additional Solicitor General, appearing for Union of India, have

submitted that the process that was initiated in 2019 for appointment of Members of NCLT could not be completed in view of the pendency of the

writ petition in this Court and the Ordinance dated 04.04.2021.

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.

The names recommended by the Selection Committee shall be finalized by the Respondents and appointments to the post of Members, NCLT shall be

made forthwith. The Respondents are directed to expedite the process for filling up the remaining posts without any further delay. Re-appointment of

Members of NCLT who are about to retire should be considered at the earliest.

List this matter on 31.05.2021.