Plea challenging appointment of NCLT’s acting president infructuous: Delhi HC

Accordingly, a bench of Justices C. Hari Shankar and Om Prakash Shukla disposed of Singh’s petition in view of this development

The Delhi High Court on Thursday held that a petition filed by a National Company Law Tribunal (NCLT) technical member challenging the appointment of judicial member Bachu Venkat Balram Das as acting president had become infructuous, in light of the Centre’s decision to appoint former judge Anupinder Singh Grewal as the tribunal’s President.

Justice Grewal was appointed as NCLT President for a term of five years or until attaining the age of 67 years, whichever is earlier. (Representative file photo)

On Wednesday, Justice Grewal was appointed as NCLT President for a term of five years or until attaining the age of 67 years, whichever is earlier. The appointment came nine days after the court, on April 20, reserved verdict in a petition filed by technical member Kaushalendra Kumar.

Accordingly, a bench of Justices C. Hari Shankar and Om Prakash Shukla disposed of Singh’s petition in view of this development.

“The Appointments Committee of the Cabinet has approved the proposal of the Ministry of Corporate Affairs for appointment of Justice (Retd.) Anupinder Singh Grewal, former Judge of the High Court of Punjab & Haryana, to the post of President, National Company Law Tribunal (NCLT). With that, this petition which deals challenge to the post of the acting president has been rendered infructuous and is accordingly disposed of,” a bench of justices C Hari Shankar and Om Prakash Shukla said, while pronouncing the verdict.

Singh had approached the high court challenging Central Administrative Tribunal’s April 8 order dismissing his plea against Das’s appointment as acting president. On March 16, the Centre entrusted Das with the additional charge of acting President for a period of six months, starting March 17, or until a regular President is appointed, whichever comes first. CAT on April 8 had dismissed Singh’s petition against the Centre’s March 16 decision, saying that it did not have the jurisdiction to entertain the same.

In his petition, filed through advocate Karan Bharihoke, Singh contended that Section 415 read with Section 407 of the Companies Act, 2013, provides that the senior-most member shall act as the Acting President of the NCLT, and that the term ‘member’ includes both judicial and technical members.

On this basis, he asserted that he is the senior-most member of the NCLT, having assumed office on October 1, 2021, whereas Das took charge later on October 18, 2021.

Centre had opposed Singh’s petition asserting that bodies like the NCLT are quasi-judicial, performing functions akin to high courts and must be headed by someone with a “dominant character of judicial duties,” rather than a technical domain expert. Das’s lawyer also accepted the submissions made by the Centre’s lawyer opposing the petition.