# National Company Law Tribunal and Appellate Tribunal Bar Association Through Its Secretary Vs. Ministry Of Corporate Affairs & Ors. Writ Petition (Civil) No.510/2021

> SC judgment dated 2021-05-31. Citation: TCN-2021-SC-00041. The National Company Law Tribunal and Appellate Tribunal Bar Association filed a Writ Petition…

- **Court:** SC
- **Order date:** 31 May 2021
- **Citation:** TCN-2021-SC-00041
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/national-company-law-tribunal-and-appellate-tribunal-bar-association-through-its-4ec26790

## Summary

### Background

The National Company Law Tribunal and Appellate Tribunal Bar Association filed a Writ Petition seeking a direction to the respondent to fill vacancies of Chairman, NCLAT, and President of NCLT without delay. The petition also sought the issuance of appointment letters to candidates from a 2019 selection process and to fill remaining vacancies of NCLT and NCLAT members. Additionally, the petitioner requested an extension of the term for six NCLT and NCLAT members completing their tenure in June 2021.

## Facts

The National Company Law Tribunal and Appellate Tribunal Bar Association filed a Writ Petition. The petition sought to compel the filling of vacancies for Chairman of NCLAT and President of NCLT. A direction was sought to issue appointment letters to candidates selected in a 2019 procedure. The petition also requested an extension of the term for six NCLT and NCLAT members whose tenure was expiring in June 2021. The Additional Solicitor General stated that the appointment process for candidates selected in 2019 would be expedited. A search cum Selection Committee was to be constituted to fill existing vacancies. The Attorney General referred to Section 413 of the Companies Act 2013 regarding the tenure of Tribunal members. The petitioner's counsel argued that members

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## Issues and analysis

### Issue 1: Whether the respondent should be directed to fill the vacancies of Chairman, NCLAT and President of …

**Ratio:** The court has the power to issue directions to ensure the proper functioning of tribunals

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**Reasoning:** The court considered the submissions regarding the ongoing selection process and the need

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**Interpretation:** The court interpreted its role as overseeing the efficient functioning of

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**Application:** The court directed the initiation of the selection process at the earliest to

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## Parties

- **Judges:** L. NAGESWA…; HEMANT…; +1 more
- **Appellants:** NATIONAL COMPANY…
- **Respondents:** MINISTRY OF…

## Timeline

- **2021-05-31 — Hearing…**: The petition was called…
- **2021-05-24 — Matter L…**: The matter was listed, and the Additional Solicitor General submitted that the…

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