MCA Appoints Two New Judicial Members to NCLAT: Know Who They Are [Read Notification]

The Ministry of Corporate Affairs ( MCA ) has appointed two Judicial Members in the National Company Law Appellate Tribunal ( NCLAT ). The retired judges of Madras High Court and Allahabad high court have been appointed for the new assignment.

The appointments were made public through a notification dated 14th May, 2025, and released in the Gazette of India dated 16th May, 2025. The new Judicial Members are Justice N. Sesha Sayee and Justice Mohammad Faiz Alam Khan, who both possess rich legal background and judicial expertise to serve on the Appellate Tribunal.

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The Central Government has nominated the two judges for four years from the date of their joining, or till they complete the age of 67 years, or till further orders, whichever is the earliest.

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According to the notification by the Ministry of Corporate Affairs [S.O. 2210(E)], the appointments have been made by virtue of the powers under Section 410 of the Companies Act, 2013, read with sub-section (2) of Section 3 of the Tribunals Reforms Act, 2021.

Justice N. Sesha Sayee is a retired judge with a reputation for insightful judgments and excellent clarity in legal rationale. Prior to his appointment to the NCLAT, he was a Judge of the Madras High Court. Throughout his career, Justice Sayee handled a plethora of cases that extended from civil to corporate and constitutional matters. He was born in Kerala, did his undergraduate studies in Economics in Scott Christian College, Nagercoil, and graduated in law from Madras Law College in 1986.

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Justice Mohammad Faiz Alam Khan also brings rich judicial experience to his new assignment. He retired as a Judge of the Allahabad High Court before assuming his new appointment. With a rich background in civil jurisprudence and criminal jurisprudence, Justice Khan is an adherent of rational judgments and justice.

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The National Company Law Appellate Tribunal is a quasi-judicial appeals tribunal in India, framed under Section 410 of the Companies Act, 2013. The primary task of the tribunal is to adjudicate and hear appeals against orders passed by some important regulatory bodies operating in the finance and corporate sector.

Not only does it hear appeals from the National Company Law Tribunal (NCLT), but it is also the appellate board under many enactments, such as the Companies Act, 2013, the Insolvency and Bankruptcy Code, 2016, and the Competition Act, 2002.

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Eligibility Criteria for Judicial Members of NCLAT

As per Section 3(1)(b) of the Tribunals Reforms Act, 2021, an individual shall not be eligible for appointment as a Judicial Member of the NCLAT unless:

1. Are or have been a Judge of a High Court,
   OR
2. Have been a Judicial Member of the NCLT for at least five years.

Judicial Members are appointed for a term of four years, or until they attain the age of 67 years, or until further orders, whichever is earlier. The Central Government, based on the recommendations of the Search-cum-Selection Committee, appoints the Judicial Members.

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To Read the full text of the Order CLICK HERE

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Notification No: A-12023/2/2023-Ad.IV-MCA , 14 May 2025