A Public Interest Litigation seeking appointment of a Technical Member at the Ahmedabad Bench of National Company Law Tribunal (NCLT) was heard by the Gujarat High Court.
A Bench of Chief Justice R Subhash Reddy and Justice Vipul M Pancholi refused to entertain the petition but asked the petitioner to make a representation to the President of NCLT.
The Court also granted the petitioner the liberty to come back to the High Court “in the event of any further difficulty”.
Advocate Vishal J Dave appeared for the petitioner.
Initially the NCLT, Ahmedabad had issued proceedings with two members, Bikki Raveendra Babu, Member (Judicial) and DM Gautam, Member (Technical). Subsequently, in exercise of powers conferred under proviso to Section 419(3) of the Act, the President of the NCLT issued another proceeding for constituting a Bench at Ahmedabad only with the Member (Judicial).
It was 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.
The Court after hearing the petitioner, noted in its order that Section 419 of the Companies Act empowers the President to constitute a Bench of NCLT with only one member. It therefore declined to entertain the petition. However, it allowed the petitioner the liberty to make a representation before the President of NCLT. The Court also noted that the petitioner can approach the High Court in the event of any further difficulty.