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2021 (3) TMI 309 - HC - Companies LawSeeking reliefs in respect of the functioning of the NCLT and for constitution/appointment of various benches of the NCLT - submission of the Petitioner is that NCLT benches are to be constituted and set up in all States and at this point there are only 19 judicial members and 22 technical members - appointments to the NCLT and NCLAT are considerably delayed - HELD THAT - This Court has perused the judgment of the Supreme Court in MADRAS BAR ASSOCIATION VERSUS UNION OF INDIA ANR. 2020 (12) TMI 3 - SUPREME COURT . Clearly, the judgment covers the issues which have been raised by the Petitioner, including in respect of appointments to Tribunals, enquiries against members, monitoring of the functioning and the filling up of vacancies in Tribunals, as well as assessment of the workload and providing all adequate infrastructure. Directions have been issued for setting up of the National Tribunals Commission and, in the interregnum, for the setting up of a separate tribunals wing in the Ministry of Finance. Thus, the reliefs sought herein are completely covered by the said judgment - Considering that it has been more than three months since the judgement has been rendered, it only needs to be emphasised that the directions given by the Supreme Court ought to be implemented expeditiously by the Respondent Authorities. Petition disposed off.
Issues:
- Petition seeking reliefs regarding the functioning of the NCLT and appointment of benches. - Delay in appointments to the NCLT and NCLAT. - Preliminary objection raised citing a judgment of the Supreme Court. - Reliefs sought by the Petitioner. - Examination of the reliefs sought in the petition. - Analysis of the Supreme Court judgment in Madras Bar Association case. - Directions issued by the Supreme Court regarding the formation of a National Tribunals Commission. - Implementation of the Supreme Court directions. Detailed Analysis: The petitioner, a practicing advocate, filed a petition seeking various reliefs concerning the functioning of the NCLT and the appointment of benches. The main contention was the delay in appointments to the NCLT and NCLAT despite a heavy load of cases. The Respondents raised a preliminary objection, citing a judgment of the Supreme Court in the Madras Bar Association case, which directed the formation of a National Tribunals Commission to address administrative and infrastructural needs of tribunals. The Respondents argued that the issues raised in the petition were covered by the Supreme Court judgment. The reliefs sought by the Petitioner included directions to assess the requirement of the number of tribunals of the NCLT and to formulate a rolling recruitment plan to ensure timely recruitments. The Court examined the reliefs and noted that they overlapped with the directions given by the Supreme Court in the Madras Bar Association case. The Supreme Court had emphasized the need for a National Tribunals Commission to improve the functioning of tribunals and reduce delays in appointments and infrastructure provision. The Supreme Court directed the Union of India to set up a National Tribunals Commission expeditiously and, in the interim, to establish a separate tribunals wing in the Ministry of Finance to cater to the requirements of all tribunals. The Court highlighted the importance of implementing these directions promptly to enhance the efficiency and independence of tribunals. Since it had been more than three months since the Supreme Court judgment, the Court emphasized the need for the Respondent Authorities to expedite the implementation of the directions. In conclusion, the Court disposed of the petition, emphasizing the importance of timely implementation of the Supreme Court directions to improve the functioning of tribunals and ensure efficient dispute resolution.
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