Hon’ble Supreme Court confirms the Constitution of NCLT and NCLAT under Companies Act, 2013

Supreme Court decided following issues :
(i) Challenge to the validity of the constitution of NCLT and NCLAT;
(ii) Challenge to the prescription of qualifications including term of their
office and salary allowances etc. of President and Members of the NCLT
and as well as Chairman and Members of the NCLAT;
(iii) Challenge to the structure of the Selection Committee for
appointment of President/Members of the NCLT and Chairperson/
Members of the NCLAT

The Hon™ble Supreme Court observed that it seems the only step which is left to make NCLT

and NCLAT functional is to appoint President and Members of NCLT and

Chairperson and Members of NCLAT. Since, the functioning of NCLT and NCLAT has not started so far and its

high time that these Tribunals start functioning now, we hope that the respondents shall take remedial measures as per the directions

contained in this judgment at the earliest, so that the NCLT & NCLAT are adequately manned and start functioning in near future.

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eMinds Legal is a Corporate Law Firm based in Gurgaon, India specializing in Corporate Legal, Corporate Secretarial and Compliance. The Firm comprises of a team of Corporate Lawyers and Company Secretaries with in-depth subject matter knowledge and participative industry experience of over 15 years.

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