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NCLTs to see 36 new appointments

By IndianMandarins- 20 Feb 2019


The inordinate delays in resolving bankruptcy cases have prompted the government to increase the strength of legal and technical members in National Company Law Tribunals. Accordingly, the government has reportedly finalized 36 such appointments before the Election Code of Conduct kicks in. Currently, there are 32 members.

Those additional judicial and technical members, expected to be appointed before the announcement of general elections, will aid the operational ease for new NCLT chapters. Two busiest NCLTs in Mumbai and Ahmedabad, dealing with high profile cases, will see more judges.

For example, in Mumbai, there are now five judges including two technical members V Nallasenapathy and Ravikumar Duraiswamy. M K Sherawat is the senior most judicial member judge who presides over a single bench and there are two division benches.

There would be up to six courtrooms in the new building in Cuffe Parade, a top business hub in South Mumbai. Mumbai NCLT is expected to see seven more new judges.

In Ahmedabad NCLT, there are no technical members barring two judicial members. New appointments are expected soon as the court will move to a new spacious dedicated building with more courtrooms.

There will be new NCLT chapters in places like Cuttack and Kochi. Some places do not even have dedicated judges. For example, a judge from Delhi visits Jaipur NCLT twice a week.

For appointment as a judicial member, the applicant has to be a judge of a high court or a district judge for at least five years or serve as an advocate of a court for not less than 10 years.

For the post of technical member, the person should be a member of the Indian Corporate Law Service or Indian Legal Service for at least 15 years.

They can either hold the rank of secretary or additional secretary to the central government.

For the appointment to either of the positions, the applicant should be 50 years of age. Normally, it is a five-year term.

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