Parties Approaching Judges Regularly, says Justice Sharad Kumar Sharma, recuses from hearing a case before NCLAT [Read Order]

Justice Sharad Kumar Sharma, a judge at the National Company Law Appellate Tribunal ( NCLAT ) in Chennai, stepped down from a recent case. He recused from the hearing as the parties involved in the case allegedly tried to influence him.

Justice Sharma requested the court administration to assign the case to a different panel of judges where he would not be involved. He stated in court that his conscience would not allow him to proceed due to someone inappropriately contacting him.

He expressed concern about a growing trend at NCLAT where parties attempt to sway judges outside of proper legal proceedings. He emphasised that such would not have been tolerated in higher courts and could result in jail time. He also pointed out that lawyers are likely aware of these attempts, and the public should not believe judges are open to such influence.

The National Company Law Appellate Tribunal Order stated,“

This incident arose from an appeal against a contempt of court ruling by the NCLT in Hyderabad. Two port officials were found guilty of disobeying a court order and sentenced to a short prison term and a fine.

The case involved imported equipment for a power plant that could not be cleared from customs due to missing documents. The debtor company went bankrupt, and the assets, including the equipment, were sold.

However, the port officials would not release the equipment despite court orders. The NCLT had noted this as a deliberate attempt to undermine the justice system.

To Read the full text of the Order CLICK HERE

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