The Madras High Court asked Centre to clarify on the issue that one technical member discharging duties at Chennai and Cochin Bench affected the working of National Company Law Tribunal (NCLT).
The PIL was filed by Chartered Accountant, V Venkata Siva Kumar before Madras High Court for directions to make the NCLT Benches in Chennai fully functional, the respondents including Union of India, NCLT and the Insolvency and Bankruptcy Board of India has been asked to clarify if a single technical member of the Bench at Chennai has been discharging the the duties of the NCLT Bench in Kochi as well.
The respondents submitted that both the Benches in Chennai are fully operational with the appointment of the required number of members i.e., one judicial member and one technical member for each Bench. The fact aforesaid has been stated orally and is otherwise in contradiction to what has been stated by counsel for the petitioner.
The division bench of Acting Chief Justice Munishwar Nath Bhandari and Justice P.D Audikesavalu said that directed the counsel for the respondents to find out as to whether one technical member is discharging duties both at the Bench in Chennai and at the Bench in Cochin and thereby, affecting the working of the Tribunal. If it is found that between the Bench in Chennai and Cochin only one technical member is nominated, the respondents are directed to explain the aforesaid.
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