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2018 Supreme(SC) 486

ADARSH KUMAR GOEL, INDU MALHOTRA
Rojer Mathew – Appellant
Versus
South Indian Bank Ltd. – Respondent


Advocates Appeared:
For the Petitioners: Arvind P. Datar, Sr.Adv. (A.C.), Ms. Kanika Kalaiyarasan, Ms. Lakshmi N. Kaimal, Anubhav Anand Pandey, Krishnadas Villadath, Suchindran B.N., Mr.R. Chandrashekar, Ms. Lakshmi N. Kaimal, Advs.
For the Respondents:- K.K. Venugopal, AG, Maninder Singh, ASG, Ms. V. Mohana, Sr.Adv., R. Balasubramanian, Ms. Shraddha Deshmukh, Prabhas Bajaj, Mrs. Anil Katiyar, P. I. Jose, Ms. P.S. Chandralekha, Shashank Mishra, Advs.

ORDER

In continuation of Order dated 7th May, 2018, we have further heard Mr. K.K. Venugopal, learned Attorney General, and learned amicus, Mr. Arvind P. Datar.

2. In terms of order dated 7th May, 2018, we direct that a committee be constituted. We, however, clarify that a former Judge of this Court need not have worked in a Tribunal as earlier directed.

3. We further direct that wherever qualification required for appointment to a Tribunal/Commission is of a former Chief Justice or a former Supreme Court Judge, and no suitable person of that category is available, it will be open to make appointment of any suitable former Judge of a High Court till any legislative amendment in that regard is brought out so that a Tribunal/Commission may not remain headless.

4. Subject to above, the constitution of the Committee is left to the Government. The Committee may be constituted within two months and may give its report within three months thereafter. Union of India may take a call thereon and take such further action as found appropriate. An affidavit of further developments be filed in this Court by 31st October, 2018. Learned amicus will be at liberty to put forward his view-point before th



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