9911796707
TMI Blog2022 (12) TMI 655X X X X Extracts X X X X X X X X Extracts X X X X ..... s of reappointment of the petitioner within time period. 1.1 The second limb of the prayer is to direct the respondent to frame rational and transparent policy giving emphasis to the legislative mandate in Section 413 of the Companies Act, 2013 in order to maintain independence of the judicial officers. 2. Looking at the nature of prayers, the first prayer is "to complete the process of re-appointment of the Petitioner". For this, the petitioner has referred to the order dated 31.05.2021 of the Hon'ble Supreme Court. The second part of the prayer is to frame the policy. 3. The petitioner herein was appointed as judicial member of the National Company Law Tribunal on 01.06.2016 in terms of section 413 of the Companies Act. The petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss of the petitioner for which the petitioner has opted, observations of the Hon'ble Supreme Court in National Company Law Tribunal and Appellate Tribunal Bar Association vs. Ministry of Corporate Affairs & Ors., Writ Petition (C) No. 510/2021, in which the Supreme Court addressed its concern about the avoidable delay in filling up the vacancies of the Members in the NCLT. It was a writ petition filed by the Bar Association of the NCLT seeking in general directions for expeditious process of appointments. 4.3 The Hon'ble Supreme Court in that case, observed, "As the Government has already initiated the process of reappointment by writing to the Hon'ble Chief Justice, we trust and hope that the reappointment process should be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the petitioner. It may be true that the petitioner has shown her willingness for reappointment and her case may be liable to be considered in accordance with law and that reappointment is contemplated in clause 7 of the circular referred to above. 5.1 Merely because the petitioner has shown her willingness to be considered, merely because she is liable to be considered and merely because she has opted for reappointment, could not be ground to seek writ from the Court that her appointment process may be completed. The petitioner's case could be at the best considered along with other aspiring candidates in accordance with law and on its own merits. Upon being queried, learned senior advocate for the petitioner stated that five person ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
