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DELHI HIGH COURT
D.N.PATEL, JYOTI SINGH
India Awake for Transparency – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. application for writ of quo warranto. (Para 1 , 2) |
| 2. arguments against technical member's qualifications. (Para 3 , 4) |
| 3. respondent's counterarguments on qualifications. (Para 5 , 6) |
| 4. petitioner's lack of standing. (Para 7) |
| 5. court's findings on petitioner's absence of locus standi. (Para 8 , 9 , 10) |
| 6. dismissal of the petition and costs imposed. (Para 11 , 12) |
JUDGMENT
D.N. Patel, Chief Justice (Oral)
CM APPL. Nos.21172/2021 & 32219/2021 (Exemptions)
Allowed, subject to all just exceptions.
Applications stand disposed of.
CM APPL. No.32218/2021 (Intervention)
Present application has been filed by M/s. Hasham Investment and Trading Company Private Limited seeking intervention in the present matter.
For the reasons stated in the memo of the application, this application is hereby allowed and intervention is permitted.
Application stands disposed of.
W.P.(C) 1810/2020 & CM APPL. Nos.6302/2020, 20845/2020 & 21171/2021
1. Present writ petition has been filed seeking issuance of a writ of quo warranto directing Respondent No.2 to set out the Authority under which the said Respondent is holding office as Technical Member of National Company Law Appellate Tribunal (he
The selection of NCLAT Technical Members must adhere to statutory qualifications, and courts cannot substitute the decisions of expert committees unless serious misconduct is alleged.
Courts will not entertain pleas for extension of tenures when members have accepted initial appointments and when such extension would interfere with ongoing selection processes.
The principle of quo warranto was applied to determine the validity of the appointment of the officiating Chairman of the NCLAT.
Power can only be given by the board of directors of the company in exercise of its statutory power by passing the resolution under the provisions of Section 291 of the Companies Act in favour of a d....
The main legal point established in the judgment is the importance of adjudicatory experience and the role of the Search-cum-Selection Committee in making recommendations for the appointment of the C....
The court established that the NCLT must conduct a thorough examination of evidence in cases involving rectification of the Register of Members under the Companies Act, 2013.
A writ petition becomes infructuous if the subject of the petition is no longer valid or relevant due to changes in status, such as an appointment ceasing to exist.
Condition precedent for invocation of Section 241(2) of the Act, which requires the Central Government to come to an opinion that the affairs of the company “are being conducted in a manner prejudici....
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