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2022 Supreme(SC) 1519
SUPREME COURT OF INDIA
Dr. D.Y. Chandrachud, Bela M. Trivedi, JJ.
National Company Law Tribunal Bar Association – Appellant
Versus
Union of India – Respondent
Ia 67915 of 2022 in Writ Petition(s)(Civil) No(s). 180 of 2022
Decided On : 25-05-2022
Mr. Maninder Singh, Sr. Advocate, Mr. Sanjiv Sen, Sr. Advocate, Mr. V.K. Chaudhary, Sr. Advocate, Mr. Saurabh Kalia, Advocate, Mr. G.P. Madaan, Advocate, Ms. Ranjana Roy Gawai, Advocate, Mr. Shikhil Suri, Advocate, Mr. Viksit Arora, Advocate, Mr. Mansumyer Singh, Advocate, Ms. Prachi Bhatia, Advocate, Ms. Supriya Juneja, Advocate, Mr. Sahitya Veena, Advocate, For the Appellant / Mr. Tushar Mehta, SG, Mr. Balbir Singh, ASG, Mr. Samarvir Singh, Advocate, Mr. Naman Tandon, Advocate, Mr. Shyam Gopal, Advocate, Mr. Prahlad Singh, Advocate, Mr. Ankur Talwar, Advocate, Mr. Rajat Nair, Advocate, Mr. Arvind Kumar Sharma, Advocate, For the Respondent.
The main legal point revolves around the interpretation and determination of the tenure of members of the National Company Law Tribunal, specifically those of the 2019 batch.
Headnote:
Tenure - National Company Law Tribunal - 2019 batch - 15 June 2022 - [Act Section List]
Fact of the Case:
The Solicitor General has submitted regarding the tenure of the members of the National Company Law Tribunal of the 2019 batch, with a specific focus on the term of one member coming to an end on 20 June 2022.
Finding of the Court:
The Court has listed the proceedings for 15 June 2022 and requested the Solicitor General to provide updates on the developments in the meantime.
Issues: The main issue revolves around the tenure of the members of the 2019 batch of the National Company Law Tribunal and the contention of the petitioners regarding the legitimate term length.
Ratio Decidendi: The Court's decision is pending, awaiting updates from the Solicitor General and the Committee chaired by the Chief Justice of India.
Final Decision: The final decision is pending as the Court has listed the proceedings for 15 June 2022 and requested further information from the Solicitor General.
ORDER
1. We have heard Mr Maninder Singh and Mr Sanjiv Sen, senior counsel appearing on behalf of the petitioners. Mr Tushar Mehta, Solicitor General, appears on behalf of the Union Government.
2. The Solicitor General has submitted that the Committee chaired by Hon'ble the Chief Justice of India and consisting of Hon'ble Mr Justice Surya Kant and the Secretary, Ministry of Corporate Affairs held its meeting on 20 April 2022 where the question regarding the tenure of the twenty three members of the National Company Law Tribunal of the 2019 batch has been deliberated upon. Since the term of one of the members of that batch is to come to an end on 20 June 2022, the Solicitor General has requested the Court to place these proceedings on 15 June 2022 since the Committee is seized of the issue.
3. Mr Maninder Singh has submitted that the term of all the members of the 2019 batch, in any event, would come to an end of 3 July 2022 though the contention of the petitioners is that the term should legitimately be for a period of five years.
4. List the proceedings on 15 June 2022.
5. We request the Solicitor General to apprise the Court of the developments which have taken place in the meantime.
